City Council Minutes 1982 04 20 - Laserfiche WebLink

Home Browse Search

4/20/82 Page -6- Ferguson's property and Mr. Lew Hammer's property. Attorney Rautenstraus Felt that the amendment need not be included as this Council could not bind itself to a future council if the issue should come up again. He also advised that Council could make it a condition if there is a further subdivision that the improvements must be done, but the owners could come back and ask that be changed. Amendments to Motion First amendment that no further waivers be grante:d for the Lew Hammer subdivision, and the second amendment to provide the condition that when utilities came within 500' of any property line of this property, the prope:rty owner would be required to construct the improvments and also pay the applicable recovery fees at that time, ifr:' the event that the property was further developed. Also, that the improvements must be constructed within 5 years; however the prOpE!rty owner would have the right to come back to Council at the end of the 5 year period and request an extension. APPROVAL OF THE AMEND~ffiNTS Question called for on the amendments to the motion. 6 Ayes - 1 Nay, Councilman Cummings dissenting. Question called for on the motion as amended. AYES - Leary, Fauson NAYES - Meier, carried 4-3. Cussen, Horris APPROVAL OF MOTION WITH AMENDMENTS Ferrera, Cummings Motion WRITTEN AGREEMENT TO BE PREPARED FOR LEW HAMMER Attorney Rautenstraus advised a written agreement would be prepared for the property owner. Councilman Leary Commented that if a similiar request comes before Council he would in all probability vote no, as he felt the waivers could be- come a problem and he agreed with staff. The only reason he voted for this approval was that it was a relatively small business, and he felt that small businesses deserve a break.