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-2- <br />beyond their control, request an extension of time of 100 days. <br />By disallowing this the City and the developer will have to <br />spend unnecessary time repeating the subdivision process. It <br />entails only some changes in technical matters that came up. <br />MSP (Pickar - Hodges) that the Council give the requested <br />extension of 100 days. <br />Councilman Shelquist stated that we will have people coming <br />in asking for extensions and point to this as an example. <br />Councilman Hodges said that this was a one -shot technical deal <br />which will not probably come up again. Mayor Johnson stated <br />that the problem is that the ordinance does not permit any way <br />for that to be done, so we would have to waive the City ordinance <br />in this particular instance. Councilman Pickar asked if the <br />City could be hurt in any way in this, and Attorney Meyers <br />replied that they have had that problem before. If anybody <br />was in jeopardy it was the developer. He suggested another <br />paragraph in the ordinance taking into consideration this <br />type of problem. <br />A roll call vote was requested: <br />Councilman Pickar - aye <br />Councilman Shelquist - nay <br />Councilman Hodges - aye <br />Councilman Baumgartner - aye <br />Mayor Johnson - nay <br />Motion carried <br />MSP (Pickar - Shelquist) that it be understood that the builder <br />and the contractor are liable for any problems that may arise <br />in the future and that the City disclaims any liability in this <br />case. Mr. Murphy, on behalf of the owner, accepted full <br />responsibility for any ramifications of this waiver. <br />Roll call vote was requested: <br />Councilman Pickar - aye <br />Councilman Shelquist - aye <br />Councilman Hodges - aye <br />Councilman Baumgartner - aye <br />Mayor Johnson - aye 5 ayes <br />MSP (Johnson - Baumgartner) that we direct the city attorney to <br />draft a new paragraph to this particular ordinance stipulating <br />that where there is a delay due to a review by the plat commis- <br />sion, or anything, Council has authority, under undue hardship, <br />to grant an extension of the 100 -day requirement for filing. 5 ayes <br />Mayor Johnson recessed the regular Council meeting at 8:27 p.m. <br />and called the public hearing on Donald Borgen request for <br />trained dog permit to order. <br />