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REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 3• 00M�D� STAFF REPORT Report Number: 91-12OWS EW DECEMBER 2, 1991 Report Date: 11-27-91 AGENDA SESSION DATE DISPOSITION Item Description: SECOND ACCESS., TOWNS EDGE TERRACE Administrator's Review/Recommendation: j _ - No comments to supplement this report 7�/�AO' - Comments attached. _ Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: • In 1976, Bauer Welding, 2159 Mustang Drive, was given City approval for the construction of their present facility. At that time, Bauer and the City entered into a Development Agreement for the project. One condition of that Development Agreement was that Bauer construct and maintain a road across their property to serve as a second access to Townsedge Terrace Mobile Home Park. This road was never constructed. In 1982, Bauer expanded their facilities and entered into an amendment to the original Development Agreement. Reference to the road was not made in the amendment. Bauer Welding contends that because no reference to the road was made in the 1982 amendment, they are not responsible for construction of the road. Our attorney says that the action entered into in 1982 was an amendment to the original Development Agreement and that all conditions of that document are still enforceable. At present, construction of the road has not occurred. As per Council request, staff has referred this item to both the Fire and Police Departments for their review and comment on the potential need for a second access to Townsedge TPrr_ac_e_Mobil_e_H 'a the BauPr sJ tP. A copy of the Fire Departments' comments are attached for your review. Police Chief Ramacher has indicated that he will be available for comment at the December- -- 2, 1991 Council Work Session. If you have any questions regarding this issue, please feel free to give me a call. C-- 1 Harrington, CitIr Planner RECOMMENDATION: