03/14/1983 Council Minutes - Laserfiche WebLink

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March 14, 1983 11 limits for construction. He then pointed out that no form of construction has been done on those sites to this date. Mr. Cody then proceeded to difine the word 'construction' citing several sources including Webster's Dictionary. He concluded that the word 'construction' means the actual ground breaking. He informed the Council that the only reason homes were not constructed was due to financial reasons - he simply did not want to lose a lot of money. Mr. Jerry Blackbird pointed out that he had applied for the installation of utilities and the decision on the bonds had been delayed by Council action until the Judge's decision had been andned down. He also pointed out that there has been much work done on those lots to include a storm sewer installation. Mr. Marier asked why the soil samples were taken and Mr. Blackbird said they were necessary to gain FHA and VA financing. This work was started in November of 1981, Mayor Benson asked Mr. Short his opinion what the word 'construction' means. Mr. Short said he had researched ordinances in his office and could not find a definition. He felt that planning could be a part of the process. Mrs. Elsenpeter felt that the decision of the Council to delay the installation of the utilities until the Court had made a decision and homes could not be constructed without the utilities, could not be con- sidered as a delay by the contractor. Mr. Hawkins spoke on 6.21 since he felt that this is what the Coury would focus on. He felt this is a question of how much activity is done in order to have a vested right to continue. Mr. Hawkins felt this would apply to all areas such as platting, rezoning, etc. He felt this developer has more than fulfilled his obligations in order to be able to continue this work. Mr. Hawkins pointed out that the Special Use permit was issued to Outlots and there was the necessity of platting those outlots, which has been done. There is also the matter of the soil borings that have been doen in the area and the installation of the storm sewer. He felt confident that enough work had been done in the area to give this developer enough vested rights to be allowed to continue the work that has been started. Mr. Marier pointed out then :6.21 section that talks about the time frame and that as far as he knows, no actual construction has been done in that area. Mr. Marier referred to the petXtin on the agenda for the installa- tion of utilities in that area. He felt this City is in no position to pay for this type of installation. Mrs. Elsenpeter felt the discussion of the utilities has no part in this discussion. She felt that since the Court had declared this special use permit valid, that why should the developer be forced to apply for a new special use permit, which this Council would have no valid reason for denying, why should the developer and the City be forced to go through all this red tape?