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feels the model homes are not a true or fair evaluation of living in the total <br /> development, stating they should be located nearer the freeway with its traffic <br /> and noise; there is a problem of safety of putting model homes in this area be- <br /> cause there are no sidewalks; and it is his belief that the model homes will be <br /> materially injurious to other properties in the area. He presented a rendering <br /> to illustrate his findingso <br /> <br /> Councilmember Brandes stated he has carefully reviewed the Planning Commission <br /> Minutes relative to this item, and is surprised by what Mr. Perkins has to say to- <br /> night. He stated he found no reference by Mr. Perkins or anyone else as to the <br /> issues brought up this evening. He stated it was his understanding that the item <br /> was continued for settlement of of repair of the roofs. Mr. Perkins stated that <br /> the continuance was at the suggestion of Stoneson. He stated he took a recess at <br /> the meeting of August 14th to confer with affected homeowners whether or not to <br /> continue the item, and it was the concensus of the homeowners to continue the matter. <br /> He stated that he was prepared at the meeting of August 14th to make the presentation <br /> he has made tonight. He stated the homeowners have accepted the partial settlement <br /> out of fear, and in hopes of getting some repairs done before the rainy season begins <br /> this year. He stated that since no evidence of repair work has been displayed to <br /> date, he feels Stoneson Development Company is not showing good faith. He stated <br /> there has been extensive interior damage to homes from previous rains, and he feels <br /> that a partial settlement is not fair. He advised he never agreed to drop his appeal; <br /> that it has the support of a great number of people in the area, but that the Home- <br /> owners Association is not involved in his appeal on the advice of their attorney. <br /> <br /> Councilmember Mohr asked if another continuance of thirty days would be advantag- <br /> eous to Mr. Perkins. He stated that only if contingent granting of the permit would <br /> affect total final settlement of the entire problems. <br /> <br /> Ms. Judy Damerval, 5381 Springdale, stated that when she started research of <br /> whether or not this model home complex should be allowed it was because of the roofs, <br /> however, after more study she feels there are many problems associated with having <br /> the models at this location; namely traffic. She requested the City to look into <br /> this dangerous situation in any event. <br /> <br /> Mr. Ben Tarvet, 1144 Arak Court, stated he is sympathetic with the homeowners <br /> in trying to.get repairs made to their homes that are the responsibility of the <br /> developer. He stated there have been similar situations in Vintage Hills and Del <br /> Prado. He stated this is an opportunity for Council to support these residents. <br /> <br /> Mr. Steve Hughes, 587 Touriga Court, stated the City may have some responsibility <br /> for this situation in possibly approving bad plans or having bad inspections. He <br /> stated that Council has a moral obligation to help these people. <br /> <br /> Mr. Gregory Stubbs, Attorney representing Stoneson Development Company, stated <br /> their settlement is being consummated with the plaintiff, which is the Homeowners <br /> <br />· Association; and not with any ad hoc group within the association. He advised that <br /> a roofing contractor has been selected, materials ordered, and that the repairs are <br /> expected to be completed by December 15th. He stated that Stoneson crews will be on <br /> hand to assist should temporary repairs need to be done before the roofing contractor <br /> does the final work. Mr. Stubbs reviewed the attempts of Stoneson Development Com- <br /> pany to repair the damages to homes in this area, advising that approximately a <br /> million dollars has been spent in this effot, which in his opinion showed good faith <br /> on the part of Stoneson. He stated that a partial settlement has been reached with <br /> the Homeowners Association. He advised that relocating the model home complex is <br /> unrealistic, and that not to have a model home complex would put them out of busi- <br /> ness. He concluded by stating that total settlement of the claims is not possible <br /> at this time, but that a partial settlement has been worked out with the Homeowners <br /> Association. <br /> 6. 9/11/84 <br /> <br /> <br />