City Council Agenda and Packet 1982 05 04

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 granted 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 property owner would be required to construct the improvments and also pay the applicable recovery fees at that time in, the event that the property was further developed. Also, that the improvements must be constructed within 5 years; however the property 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 AMENDMENTS 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, Cussen, Morris APPROVAL OF MOTION WITH Fauson AMENDMENTS HAYES - Meier, Ferrera, Cummings Motion carried 4-3. WRITTEN AGREEMENT TO BE Attorney Rautenstraus advised a written PREPARED FOR LEW HAMMER 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.