City Council Minutes 1982 09 07 - Laserfiche WebLink

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9/7/82 Page -7- the contract should provide a provlslon that the Aquarius people be required to tap on to the water and sewer lines when they are constructed, as is required by the Industrial land across the highway. He commented they are receiving a fair price for the property and didn't feel they should be given any special con- siderations in the development of the 12 acres they are retaining. Attorney Rautenstraus Addressed Councilman Ferrera's comment regarding precE~dence being set relative to the water rights by stating their water use is different than any other we have had. Aquarius will not be developing the property in either a commercial or industrial use, but will remain as required in an agricultural zone. Councilman Leary Commented also there was some question as to the value of the water rights - that the Aquarius people would eventually not have any water and at that point would have to tap on to the lines when they are available. Remarked that should a land owner come in who owns 35 acres of land and planned to construct 7 homes - this would still be an agricultural use, would he then be able to use his well water to supply this type of development. Obviously this request would be denied; therefore he still felt the Aquarius people were still given special consideration. Councilman Ferrera Attorney Rautenstraus Replied that the zoning designation was the same, but the use was entirely different. Councilman Fauson Commented he recalled the specific owner to whom Councilman Ferrera was referring and stated the owner had requested city water at the time; the reason the request was denied was that the City would not get the return on the sewer water. Councilman Leary Commented he did not feel Council was setting any kind of a precedent, if there is not a health issue involved with water and sewer lines, which there is not in this case.