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