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MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard <br />and passed unanimously by all members present to adopt Resolution #31-96 <br />awarding a contract for the Edgerton Road Landslide Mitigation Town Project <br />4.13 Denial of Final Map, Lands of Fowler <br />The City Manager asked that the item be moved to New Business as there were <br />options to be discussed. <br />PASSED BY CONSENSUS: To move item 4.13 to 6.3 on the agenda. <br />5. UNFINISHED BUSINESS <br />5.1 Modification to condition requiring pathway, Lands of Wythe, <br />Moon Lane <br />Dr. Wythe and Ms. Vitu, applicants, addressed the Council concerning this path <br />condition. They referred to the staff report which included the recommendation <br />that the path not be put in at this time but rather that in lieu fees be paid in the <br />amount of $14,500. This amount was in line with the cost of Town projects and also <br />included administration and inspection costs. They reported that while they <br />concurred with in lieu fees they had obtained a bid for the same project for <br />approximately $5,700. <br />Les Earnest, Chairman of the Pathways Recreation and Parks Committee, believed <br />the path along Moon Lane was the best location but also commented on the unique <br />legal status. Since the owner of Moon Lane could not be found, the Town really did <br />not have the right to widen it. <br />Mrs. Handley, 13818 Page Mill Road, reiterated her comments from an earlier <br />meeting that she was not against the path but was concerned about encroachment <br />onto her property. <br />MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Casey and <br />failed by the following roll call vote to allow the applicants not to build the path at <br />this time but rather to pay an in lieu fee. <br />AYES: Councilmembers Casey and Johnson <br />NOES: Mayor Pro Tem Hubbard and Councilmember Dauber <br />ABSENT: Mayor Siegel <br />MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and <br />passed unanimously by all members present to offer the following options to Dr. <br />Wythe and Ms. Vitu regarding the condition requiring a path on their property: 1) <br />Pay an in lieu fee of $10,000; 2) Build the path on the shoulder of Moon Lane with <br />May 1, 1996 <br />