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<br />Mayor Sweeney asked how much construction is going on there. Ms. Moore-Sykes <br />indicated she was not sure how much work is left. Mayor Sweeney asked whether it was <br />possible to issue a stop work order until the existing issues are resolved to the satisfaction <br />of the residents and the City. <br /> <br />Council Member Broussard Vickers indicated there are some' issues that need to be <br />addressed but the City cannot just say stop constructing. <br /> <br />City Attorney Hoeft indicated that there is some disagreement on what is being done and <br />what is not being done to the City's satisfaction. He then said that City Staff is working <br />with the developer on those matters but not to the satisfaction of some of the residents but <br />Staff is satisfied with the progress. <br /> <br />City Attorney Hoeft indicated that issues with the developer's agreement on the first <br />project does not give the City the right to hold up building permits on the second project. <br />He then said that the City would need to determine what has not been done to the <br />satisfaction of the developer's agreement and notifY the developer and ifhe does not tak~ <br />care of it the City can call on the letter of credit to complete the work. DO, <br />~ ~ <br />Mr. Halstrom indicated that all the new units are occupied and awaiting t)1e im~n, sod <br />and final grading and Ojibway is almost all occupied in the second addition. <br /> <br />.:V()i'\ <br />(/)JO- I <br />! <br /> <br />Council Member Broussard Vickers said she thinks the drainage issues are a challenge <br />here as they are in a lot of places in the' City due to the long standing 1 % rule. She then <br />said that Council'has been discussing changing that 1% rule but was told by the City's <br />Engineer that it would be difficult to do that in this City due to the high water table and <br />the topography of the area. She further commented that the drainage issues are a long <br />term problem that cannot be resolved tonight but the silt fencing and the sweeping of <br />streets the City can take care of by placing the developer on notice. She also indicated <br />that the responses and how quickly they are provided to residents from Staff is something <br />that the Council would need to discuss with Staff. <br /> <br />Council Member Broussard Vickers asked at what point the City can step in and do work <br />that the developer was to have done. City Attorney Hoeft indicated that whenever the <br />City feels something needs to be done notice can be provided to the developer and, if the <br />situation is not rectified, then the letter of credit or escrow can be drawn upon to <br />complete the work. <br /> <br />Council Member Lee asked if the agreement says July 1, 2003 should it be done by then. <br />City Attorney Hoeft indicated that he would want to have a good discussion with <br />Council, the City Engineer and Public Works to determine where things are and whether <br />it is possible to have someone step in and do the work or whether it would be better to <br />allow a little bit of time for the person that is already there to complete the work. <br /> <br />Mr. Halstrom indicated that he would encourage and ask that the City Engineer go out <br />and look at the second addition Portage Way and compare the plans with what has <br /> <br />Page 6 of24 <br />