Yet another 11th hour attempt to negotiate caused Carson City supervisors Thursday to delay a decision to end the six-week standoff between the city and Gene and Judy Lepire.
The Lepires, owners of Comstock Country RV Resort, have contested the construction of a 148,385 square-foot Costco warehouse and a six-pump gas station neighboring their property.
Negotiations between the city and the Lepires apparently broke down June 8, and supervisors were prepared Thursday evening to decide on the Lepires' appeal to the planning commission's decision to issue Costco a special use permit.
Mayor Ray Masayko entered the meeting with an eight-page agreement signed by the Lepires, which if accepted by supervisors in a special meeting next week could settle the issue out of court.
Open meeting notification laws prevented the supervisors from debating the issue, so a special meeting was set for Thursday, June 22 at 6 p.m. to again consider an agreement.
"I'm telling everyone my patience is growing thin with this matter," Mayor Ray Masayko said. "This board has reached the end of its line. It will be decided next week. Count on that happening."
Supervisors expressed their fears of letting one more delay slip into the process. Supervisor Robin Williamson joined the group via telephone from a cancer walk in Wisconsin.
"We've delayed this one week, two weeks," she said. "I think everybody on the board is being gracious. It's been six weeks since the Lepires said we'd have an agreement. There's a pattern of last minute changes that put this board in an awkward position. One glimmer of hope makes us put it off. We need to make a decision rather than capitulating to last-minute glimmers of hope."
Chief Deputy District Attorney Mark Forsberg said the signed agreement from the Lepires stands as an offer and binds the Lepires to its contents.
"With the document you have before you, we feel we're taking the best possible legal approach to try and mitigate the results of litigation, whatever they may be," Forsberg said.
Carson City resident Chuck Gove challenged the board to quit postponing the decision.
"Can you believe Mr. Lepire?" Gove asked. "I don't know him, but from what I've heard he's like the wind, changes his mind every moment.
"We all want Costco. I think it's time for this matter to close. You need to stop fooling with this guy and get this project done."
Supervisors Pete Livermore and Kay Bennett noted that as frustrating as the process has been, the last-ditch effort to negotiate would bring closure, and no litigation, to the issue.
"No one is more weary of this issue than this board," Bennett said. " We have to be the adults here. The right thing to do is take another week and get this behind us. I don't want to delay this anymore, but there are consequences of litigation. We have the responsibility to go the extra mile. If there is one change, it's all over. No one is as tired and weary of this as we all are."
Jack Frank, Costco vice president of real estate, said escrow on the site on Old Clear Creek Road would be postponed because part of the Lepire agreement deals with a lot line adjustment that needs to be dealt with first. Costco is purchasing just over 16 acres of city property for $3.7 million.
However, supervisors acting as the Redevelopment Authority, gave Costco an early entry agreement to the site Thursday which means Costco could begin grading the site today if they wanted to. Frank said it would be another couple of weeks before grading would begin, but a certain amount of work has to start soon, he said, to coordinate with the state's construction on Highway 395.
"We're very much committed to this site and this community," Frank said.
The agreement was held up previously because of a dispute over the height of a soundwall on the Costco/RV park property line.
The Lepires asked last week for $145,000 plus an 8-foot soundwall. The agreement this week stands at $45,000 and an 8-foot soundwall. Previously the wall was to include a four foot berm and landscaping, which are no longer part of the agreement.
Other improvements include:
- $55,000 for a soundwall on the southern boundary between Clear Creek Road and the RV Park
- $50,300 for a driveway into the RV park
- $87,000 in sewer and water connections
- $30,000 in revenues that will be lost during construction this summer.
If supervisors agree, the city also will build a driveway apron and curb and gutter along the Lepires' property frontage on Old Clear Creek Road as well as construct a 100-foot right turn lane to the entrance of the Lepires' property. Land will also be traded in the deal, as part of the Lepires' development sits on city property.
