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9/4/84 Page -15- <br />CITY ATTORNEY'S REPORT Councilmembers had a copy of the ordinance <br />ORDINANCE NO. 838 - BUSINESS Attorney Rautenstraus read it by title only <br />OFFICE ZONE on first reading and the request was for <br />publication and that a public hearing be <br />set. <br />PUBLICATION AUTHORIZED Mayor Meier moved, Councilman Fauson seconded <br />that Ordinance No. 838 - Business Office <br />Zone be published and that a public hearing <br />be set for October 2, 1984. <br />Councilwoman Morris Wished to compliment Attorney Rautenstraus <br />and Acting City Administrator Rupp as she <br />felt this ordinance was much improved over <br />the original one presented. She also ex- <br />pressed concern with No. 25 of the ordinance <br />as she saw a super market or department <br />store as being a primary usage and office <br />as a secondary useage. She had some concern <br />that there maybe a conflict built in here. <br />Attorney Rautenstraus stated that he agreed <br />with what Councilwoman Morris was saying; <br />however one of the problems that we have <br />with the Use groups is that we have to <br />carry on and stated that he felt Mrs. Morris <br />was correct that a super market would mot tie <br />in with an office situation. However, a <br />shoe store could and certainly drug stroes; <br />and of course it is a review use so if <br />somebody came in with a super market pro- <br />posal then Council could say that was not <br />an appropriate review use. He felt this <br />was very clear in Section 2. L. <br />Councilwoman Morris also expressed a similar <br />concern with No. 38. Gasoline service <br />stations as being part of an office complex. <br />Attorney Rautenstraus stated that there <br />were things tied in this way, i.e. some of <br />the Tech Centers you see a service station <br />with a limited amount of pumps. Again it <br />would be a review use. <br />Councilman Leary Referred to Administrative Office and stated <br />limiting the parcels to 3 acre size troubled <br />him somewhat. He felt that there were ad- <br />vantages but also felt there were some dis- <br />advantages of doing that. He could think of <br />situations where, as the alternative is <br />going to the next category - Business Office <br />which allows commercial; therefore it seemed <br />very possible that you could have a 5-10 acre <br />site that for various reasons, given traffic <br />flow, comprehensive plan, etc., you would <br />not want commercial activity there. Yet <br />