City Council Minutes 1994 10 04 - Laserfiche WebLink

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Steve Baysinger, Parks & Recreation Director, introduced: Cindy Treloar, Administrative Secretary I Paul Wood, Planning Director, introduced: Chris Greenwakt, Clerical Assistant III Mark Kittle, Building Inspector II Tim Pate, Building Inspector III PROCLAMATION - EMERGENCY NURSES DAY - OCTOBER 12, 1994 Davidson read the proclamation, which will be mailed to the recipients. PONDEROSA SUBDIVISION - REQUEST FOR BU1LDING PERMITS Sharon Asti-Caranci, acting City Administrator, stated that her recommendation was to issue Coast to Coast Development and Mr. & Mrs. Richard Doll (two of the ten remaining lots) their building permits on the condition that each lot pay $1,930.70, which equals 1/10th of the remaining public improvement guarantee of $19,307. Jeff Eckert, Coast to Coast Development, 5350 Manhattan Circle, Boulder, Colorado, stated that them is mom than enough collateral held in the lots owned by Mr. Caranci, who the city has a dispute with. He felt their property was being held for ransom. Susan Griffiths, City Attorney, stated that this is not a lien on the property. The city recorded a notice to the property owners that stated that a building permit would not be issued on the property, because of the violation of the subdivision agreement, until the public improvements were completed or the subdivision improvement guarantee was provided, as required by the subdivision agreement. The Ponderosa Subdivision Agreement executed in 1983 and recorded, as a notice to future property owners, contained a specific provision saying that building permits may be withheld for violation of the subdivision agreement. The subdivision agreement had been violated in terms of a failure to complete the public improvements over the past 11 years and for failure to post the improvement guarantee that is required by the agreement during the past 11 years. There has been a violation of City Code requiring a posting of the improvement guarantee. Code also provides for withholding building permits in that event. She felt that unless special cause exists, all properties should be treated similarly. Davidson asked the City Attorney to determine if a special cause did exist. Davidson moved that Council, based on Section 9.1 of the Ponderosa Subdivision Agreement and Section 16.12.100D of the Louisville Municipal Code, authorize the issuance of building permits to Coast to Coast Development and Mr. & Mrs. Doll on the condition that each party pay a public