A deal clearing up the last detail for Costco's south Carson City location was deferred for a third time Thursday as city officials prepared to spend another week negotiating details.
If Gene and Judy Lepire, owners of neighboring Comstock Country RV Resort, don't sign an agreement before 8 a.m. on June 8, they risk losing negotiated improvements to their property. And the city risks the Lepires taking the issue to court.
"We have to put this to bed next week, otherwise it's 'see ya in some other surroundings,' " Supervisor Kay Bennett said, hinting at a potential lawsuit.
The lack of agreement with the Lepires does not threaten the beginning of Costco's construction on a 148,385-square-foot warehouse and a six-pump gas station, City Manager John Berkich said.
Escrow on the 16.19 acre parcel is expected to close Monday, barring any unforseeable delays, Berkich said.
The deal between the Lepires, the city and Costco would give the Lepires $207,300 in improvements to their recreational-vehicle park and Clear Creek Road. Costco also moved its building, putting 100 feet between the RV park and the store, to reduce noice. Costco officials also agreed to limit delivery hours.
An issue dealing with a soundwall on the property line delayed the meeting for more than an hour while supervisors waited for city staff and the Lepires' attorney, Richard Elmore, to reach a compromise on the height of a wall. The wait wore on the patience of supervisors.
"I'm up here telling you I thought we had a deal," Elmore said. "My clients would have been spared a lot of expense if this were worked out."
The disagreement is over a proposed 12-foot soundwall which sits on both Costco and Lepires' properties. The wall was added as a condition of Costco's permit by the Planning Commission.
For the most part, the property lines are at the same level, but a 100-foot section on the Costco side rises seven feet above the Lepires' property.
The Lepires' contend that if the wall is built at 12 feet, there will only be five feet of wall to protect them from noise and possible air pollution from delivery trucks. They want a guarantee that the wall will be 12 feet all along their property line.
Without Costco present to approve the deal, supervisors and city staff could go no further. Deputy District Attorney Neil Rombardo said he thought the intent to build a 12-foot wall along the entire property line was clearly laid out.
"We will enforce the Planning Commission's decision to put a 12-foot wall there," Rombardo said. "It seems straightforward."
The Redevelopment Authority and Board of Supervisors on Thursday gave city staff and the Lepires one more week, until a special authority meeting, to resolve the issue. If there is no signed agreement, Mayor Ray Masayko said, there will be no more negotiations.
"This will not be negotiated from this dais," Masayko said. "We will not be prepared to negotiate if there is no agreement."
