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City Council Meeting February 12, 2001 Page 3 instance Mr. Brown was requested to build a 39 foot street, an over-sizing of approximately 11 feet. Mr. Tidwell said there are some arguments for that, but there are numerous arguments against it. Mr. Tidwell said that back on September 6, 2000, he sent a letter to Mr. Schenk presenting their claim and asked that it be considered. He said they had gone through a number of open record requests trying to get other information. It was after all of that, that on December 15, 2000, they presented the formal demand that the matter be paid. He said it was explained to him that it had already been denied back on September 6t" and it was still going to be denied at this point. Mr. Tidwell said what they need to compare this to is what has happened in the past, as well as previous statements made by those who have appeared before this Council, one of whom was Earl Smith. Mr. Tidwell said he believes in this exhibit package he has given the Council minutes from the November 4, 1999, meeting where an issue very similar to this arose with a development by Mr. Monte Moore, which is located on the N. E. Loop and connects 34t" N. E. Street with Loop 286 N. E. Mr. Tidwell advised that, in that instance, Mr. Moore was required to build a 39 foot street and this 39 foot street goes through his development which contains some commercial lots as well as residential lots. To help the Council understand what is going on out there, he presented photographs of the development of Mr. Moore's. Mr. Tidwell said at this point in time, there are two commercial buildings that have been builtthere and that it could be seen from the photographs thatthey contain numerous loading docks, bay doors, and similar features and, that looking back, maybe the 39 foot street was a request of Mr. Moore because there was going to be heavy truck traffic out there. Mr. Tidwell went back to November 4, 1999, where Mr. Moore appeared before the City Council complaining about the fact that he was being requested to build an over- sized street. Mr. Tidwell reviewed that portion of the minutes wherein Mr. Smith was asked to address that issue. Mr. Tidwell read a portion of Exhibit G of his handout as follows: "Mr. Smith pointed out that the difference is 11 feet and what the City Council needs to be made aware of is, it has always been our understanding that in the Subdivision Ordinance the developers are required to meet certain minimums then anything that the city imposes beyond those minimums, the city picks up the cost. Mr. Smith said this is not one of those things in a Comprehensive Master Plan for it to be a thoroughfare street, and there is nothing in the ordinance that he can point to and say the developer has got to build a 39 foot street, so in this case, it is his opinion that the 39 foot street would be advantageous as it is zoned commercial. Mr. Smith said there are a lot of things that are