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Regular City Council Meeting Monday,August 08,2011 Page 22 Ms. Bloom responded that a number of safety issues had been brought forward from this most recent study, and that staff was attempting to address them. Ms. Bloom advised that, regardless of the City Council's decision on County Road C- 2, those sight line issues would be reviewed. Ms. Bloom noted that some would be simple, such as clearing trees, or considering a right turn lane; while others may be more complex, such as grading of the hill looking north at County Rood C-2 and Lexington. Ms. Bloom advised that staff would determine if there was something physical that could be done before considering a signal, in an effort to be cost-effective. In considering whether the situation could be resolved by in- stalling a signal, Ms. Bloom responded affirmatively; however, she cautioned that she didn't think the county would support a stop sign at that location. Councilmember Johnson questioned the existence of an agreement with Lexing- ton Apartments and contingencies that County Road C-2 couldn't be opened up. Ms. Bloom advised that, upon hearing this statement brought forward at a pre- vious meeting when the Pulte application had first come forward, she had perso- nally researched such a document;, as well as wanting to ensure that all past City Council actions were in staff's, the public's and current City Council's posses- sion. Ms. Bloom advised that her research had found nothing in writing or in the meeting minute records of any such document or contingency with Lexington Apartments to keep County Road C-2 closed. Ms. Bloom noted the existence of a 1988 memorandum when Lexington Apartments was first proposed, that County Road C-2 was intended for construction; however, based on significant opposition at that time, the plan was changed accordingly, and a subsequent failed action at a City Council meeting to vacate County Road C-2 on a 3/2 vote. Mayor Roe questioned liability concerns related to road configuration and stan- dard 30 mph construction; and the City's exposure to such liability. City Attorney Mark Gaughan advised that City Attorney Caroline Beckman-Bell had previously submitted via e-mail to the City Council an actual opinion on how discretionary immunity may be invoked in this type of hypothetical situation; and the opinion that there would be no City liability for any accidents that may result from opening this area. Mayor Roe sought clarification of liability even if a road was not built up to cer- tain standards. City Attorney Gaughan advised that it was at the discretion of the City Council where to build roads; and that the City's intent was not to intentionally hurt people. Related to assessment questions and fairness to property owners, Ms. Bloom ad- vised that the City Council had changed their Assessment Policy in 1991. Prior to