CCMIN071895 - Laserfiche WebLink

Mayor Tarver stated that Mr. Pico had suggested a way to modify the condition to provide that Mr. Churka will dedicate the fight-of-way and pay $25,000 if the City decides to proceed with the widening of Ray Street. Then Council will have staff come back with the design of the Ray Street widening, explain when it would be done and the public could comment on it. A decision would be made separate from the application. If the Council said yes, then Mr. Churka would pay the $25,000 and dedicate two feet of fight-of-way; if Council said no, then Mr. Churka will not have to pay the fee. Mr. Roush stated this is consistent with the Council's resolution that was adopted in October 1993 which essentially said that there would be no change to the existing alignment but directed staff to consider widening the fight-of-way at Ray Street by two feet on the south side. Now that a project is imminent, it is appropriate for the Council to decide whether to go ahead or not. Ms. Mohr stated that condition//13 doesn't address the construction of the street; is only addresses the conditions of this project (the two feet right-of-way and the $25,000). It doesn't say that the street will be built at this time. Ms. Michelotti asked Mr. Lum/Mr. Swift if the $25,000 assessment was for the curb and what would happen if nothing is done to Ray Street. Mr. Swift stated that then Mr. Churka wouldn't have to pay the $25,000. Ray Street would remain the way it is, other than the dedication of two feet of fight-of-way. Staff's intention, if this is modified, would be to bring back something to Council when Mr. Churka is ready to proceed. If the street is widened the pole will have to be moved; if not, everything will stay as it is. Mayor Tarver suggested going through each disputed condition of approval instead of trying to do it in one motion. He felt each point needed to be voted on. A motion was made by Mayor Tarver, and seconded by Mr. Pico, that the last sentence of Condition #7 ("The applicant does not have to leave a pedestrian opening in the fence that extends along the south property line that accesses the liquor store parking lot but the six foot wrought iron fence located along the southern property line shall be removed by the applicant in the future if we want to consolidate parking lots. ") be deleted. The roll call vote was as follows: AYES: Councilmembers Mohr, Pico, and Mayor Tarver NOES: Councilmember Michelotti ABSENT: Councilmember Dennis ABSTAIN: None 07/18/95 -14-