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Council Member Nelson questioned a lack of standard performance by the builder <br /> and indicated the City should not continue to let a builder with past performance <br /> problems develop additional lots within the City. <br /> Mr. March questioned if the City has the ability to legally delay permits for a <br /> developer not complying with the requirements set forth prior to allowing <br /> additional building in other areas. Mr. Hoeft indicated any development would be <br /> dependent on a Development Agreement and the City has no authority to delay <br /> permits unless there is a valid contract issue. Council Member Sweeney said the <br /> City could prevent the developing of outlots until the developer complies. <br /> Mr. Hoeft stated he was not involved in the execution of the Development <br /> Agreement with Eagle Pass and said he would like a copy of the agreement. Mr. <br /> Halstrom provided a copy of the agreement to Mr. Hoeft. <br /> Mr. Hoeft stated the City may take previous noncompliance into consideration <br /> when a developer requests approval for future developments. He said the two (2) <br /> issues must be independent but the City can use what they have learned to prevent <br /> future problems in the new development. <br /> Mr. Halstrom requested the City consider other developments along with theirs <br /> when upholding development standards. <br /> Council Member Broussard Vickers questioned if the City could escrow <br /> performance money coinciding with the new development. The escrow would be <br /> avallaote to rennourse me Lay or Association for naving the joos clone 11 not <br /> completed by the developer. Mr. Hoeft said the agreement can contain any kind <br /> of provision the City would like to see and he advised it would be a good idea due <br /> to lack of performance in the past. <br /> Mr. March asked if the Council would like to go to the development in the <br /> evening to see if there is a lighting problem and then make a proposal to the <br /> developer, decide if the City will pay for street lights or assess the individual <br /> property owners. <br /> Council Member Broussard Vickers asked if there was a standard City plan for <br /> street lighting. Mr. Hoeft indicated he believed it to be one street light for every <br /> three hundred (300) feet or four hundred (400) feet. <br /> Council Member Nelson questioned if the City Engineer would inspectious the <br /> street light situation and report back to the Council. <br /> Mayor Wilharber noted anytime street lights are added there will be ongoing costs <br /> to maintain and upkeep the lights which is an increase of expenses to the City. <br /> Mr. Halstrom indicated this is a safety issue at this point and money should not be <br /> placed higher than safety. <br /> Page 8 of 22 <br /> L _ - <br />