3/16/1983 - Laserfiche WebLink

Home Browse Search

F, MAR 16 1993�r Attorney O'Haire believed that he and Attorney Brandenburg have been able to reach an agreement on every issue except the amount of money to be put in escrow for the purpose of either a deceleration lane or a traffic device. He informed the Board that he now has been made aware of a letter from the DOT stating that it would be a waste of time for his client's company to apply for permission to construct a right turn deceleration lane as the DOT would consider such a lane at that location a safety hazard. For this reason, Attorney Brandenburg apparently feelsa higher escrow amount would be more appropriate than the amount bid for the traffic device. Attorney O'Haire noted that he has capitulated on everything except that point: Attorney Brandenburg wished to define for the record just how far Attorney O'Haire had capitulated. He noted that it was mutually agreed that there would be two lanes in and two lanes out with a 2' wide yellow striping -down the middle; a 40' radius curb on the north and a 25' radius on the south. The applicant would plat this within a 6 month period and the County would not withhold the C.O. on the Super X store by virtue of their not having filed the plat of this date. They would complete the project with all the improvements as shown on the site plan; they would escrow an amount of money to be determined mutually between the Commission and the applicant today for a traffic light or deceleration lane, whichever the DOT determined to be the best and most appropriate traffic situation. Attorney Brandenburg continued that Attorney O'Haire's Letter indicates that they would supply an irrevocable letter of credit for a one year period, but he did not feel that is a sufficient length of time. In addition, the County Attorney wished Mr. O'Haire's client to agree that this is proper procedure and that the County, in fact, has the legal 45