The unsightly sales trailer at Atwater Common has been removed, but the Lake Orion Village Council is still applying pressure on the developers who are in violation of a Planned Unit Development (PUD) agreement.
‘None of the other work has been done, and in some instances, it does look much worse right now,? said Village Manager Paul Zelenak.
At their meeting Oct. 27, the council voted unanimously to force the developer to get some of the minor work finished by Nov. 30. They will wait for a meeting of Atwater homeowners on Nov. 10 to see how the residents want to proceed with remedying other issues.
The council could potentially draw on a $150,000 line of credit to do the work themselves due to the violation in the PUD.
At a public hearing at the village council’s Oct. 14 meeting, Gulf Atwater/Aspen Group LLC, the developer currently responsible for the unfinished Atwater Commons condominium complex, were taken to task for a laundry list of items that have not been completed.
Among the larger issues discussed at that meeting were the two units that haven’t been started yet, the paving of roads and the presence of an abandoned sales trailer, which many residents said was a safety concern.
So far, removal of the sales trailer is the only step the developer has taken. Fixing the smaller problems, unfinished landscaping, a missing light pole and additional clean-up of the trailer area, is what is being demanded of the developer.
Zelenak was especially annoyed that the light pole hasn’t even been ordered yet.
‘We’ve been talking about this since May. How come the pole hasn’t been ordered yet to be replaced? It is such a minor item to make, to show good faith to all the individuals here and the council that you’re moving forward. I can’t understand why this hasn’t been done yet.?
John Schandevel, a representative for Gulf Atwater/Aspen Group, said he wanted to make sure the council wasn’t going to draw on the letter of credit before getting started.
‘I’m still not sure what the final decision of the council is going to be,? he said. ‘There is a big mess out there. We’d like to get started first thing tomorrow.?
Again, Schandevel stressed that his organization was not the original developers of the project, and that a sluggish economy has prevented them from moving forward.
Still, per the council’s request, he came to the meeting armed with timelines of when all the work would get done.
Schandevel proposed restoring the sales trailer area, installing the missing light pole and the completion of the landscaping, all by Dec. 31.
By May 31, he said, the neglected building pads where the other two buildings would go will be dealt with.
The timeline also addressed the topcoat of pavement, concrete curb repair, pavement striping and completing the brick crosswalks. Schandevel said these could not take place until the two buildings were finished, which would take place no later than Nov. 15, 2010.
This raised the ire of councilmembers.
‘Are you gambling here? Or do you have clear information that you’re going to have them built?? asked Council President Rob Reetz.
Schandevel said he was just trying to comply with the council’s requests.
‘I think there’s a real opportunity to have a win win win situation here,? he said.
Reetz reminded him that there has already been a PUD violation.
‘You have not followed through on the PUD. This is not a negotiation. We’re going to decide this,? he said.
What the council ultimately decided was to demand the lighter work be finished by Nov. 30 instead of Dec. 30. As for the paving, and the other issues, the council decided to wait until after a Nov. 10 homeowners? meeting.
‘We need to get their input,? said Councilman David Churchill.
Residents on hand at the meeting said communication between the developer and homeowners was lacking, and many didn’t even know about the meeting.
‘There has been a lack of communication since I bought my condo,? said resident Jerry Heights. ‘No one knew anything about this until the last meeting. We’re trying to get together as one voice on this.?
The main concern is that the developer will pass along the cost of the work to the homeowners? association.
‘We don’t want to take on any expenses that we aren’t supposed to incur,? Heights said. ‘Paving is a concern, because it’s a big expense.?
The homeowners will meet on Nov. 10. In the meantime, the council will go into confidential legal talks with Village Attorney Gary Dovre, and get a report from what the homeowners want before drawing on the line of credit. The issue will then come before the council at a later meeting.
Resident Don Bone said he spends winters in Florida and would like see the issues resolved by the time he gets back next spring.
‘I’d like to come back and see some things happen,? he said. ‘We’ve lived under promises for too long.?