2000-09-27 CC - Laserfiche WebLink

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Council Member Nelson questioned a lack of standard performance by the builder and indicated the City should not continue to let a builder with past performance problems develop additional lots within the City. Mr. March questioned if the City has the ability to legally delay permits for a developer not complying with the requirements set forth prior to allowing additional building in other areas. Mr. Hoeft indicated any development would be dependent on a Development Agreement and the City has no authority to delay permits unless there is a valid contract issue. Council Member Sweeney said the City could prevent the developing of outlots until the developer complies. Mr. Hoeft stated he was not involved in the execution of the Development Agreement with Eagle Pass and said he would like a copy of the agreement. Mr. Halstrom provided a copy of the agreement to Mr. Hoeft. Mr. Hoeft stated the City may take previous noncompliance into consideration when a developer requests approval for future developments. He said the two (2) issues must be independent but the City can use what they have learned to prevent future problems in the new development. Mr. Halstrom requested the City consider other developments along with theirs when upholding development standards. Council Member Broussard Vickers questioned if the City could escrow performance money coinciding with the new development. The escrow would be available to reimburse the City or Association for having the jobs done if not (,{"\'Yy",.,ln+l"\,..l l-o.-." +1...,n Ao,.,-rnl"'f'"',o",, 1\,.,..,.. Ur"\D++- C"""~rl +~l"\ ............,..............---."......4- ................... .....,...,,~....L.....:....... .......__.... L-:..-...J ........................y.................._ ........; ..~...._ '-'"_~' ........lV~........I... ..L...L..... ..L...LV_...." U~.I.~ I............... to..4b..l.. ............................"'..... ......t.A..LJ. _-.JJ.J."........l.LJ. to..4........J ....1l...l.......~ of provision the City would like to see and he advised it would be a good idea due to lack of performance in the past. Mr. March asked if the Council would like to go to the development in the evening to see if there is a lighting problem and then make a proposal to the developer, decide if the City will pay for street lights or assess the individual property owners. Council Member Broussard Vickers asked if there was a standard City plan for street lighting. Mr. Hoeft indicated he believed it to be one street light for every three hundred (300) feet or four hundred (400) feet. Council Member Nelson questioned if the City Engineer would inspection the street light situation and report back to the Council. Mayor Wilharber noted anytime street lights are added there will be ongoing costs to maintain and upkeep the lights which is an increase of expenses to the City. Mr. Halstrom indicated this is a safety issue at this point and money should not be placed higher than safety. Page 8 of 22