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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />June 10, 1986 <br /> <br />Council Business, continued <br /> <br />ing type of use for that location. Therefore, Benke stated he had <br />concerns approving the plat, and having that approval carry some <br />expectations that the city really favors keeping the ashphalt <br />plant there and developing a hardware store; has reservations with <br />what will follow the proposed platting. <br /> <br />Locke indicated the city's assistance, other than as it related <br />to the Beisswenger property, is not being sought; believes if the <br />property is platted and the Beisswenger property is approved and <br />upgraded, that it may very well open up the opportunity for some- <br />thing to happen with the asphalt plant property. At that time, we <br />would have the opportunity to use tax increment as a vehicle. <br />Locke stated the issue of the use in terms of the asphalt plant's <br />use is a separate issue from the plat. <br /> <br />Another concern Benke had was whether or not this action or any <br />subsequent actions should be considered or precluded in light of <br />the pending lawsuit; LeFevere stated the outcome of the lawsuit <br />would have no bearing on this issue, and would recommend council <br />act on this item. <br /> <br />Schmidt asked if staff is saying there will be no request for tax <br />increment financing assistance for the Beisswenger project; Locke <br />stated Beisswenger's proposal is related to the issue of correct- <br />ing specific nonconformities related to that property and the <br />location of existing building. <br /> <br />Going back to the proposed conditions, Benke expressed a concern <br />with Condition #5 which reflects that approving of the plat <br />creates some nonconformities and in order to get the nonconformi- <br />ties removed the building needs to be moved, but to move the <br />building Beisswenger need to get approval for the new building <br />which they can't get approved until the city agrees to provide <br />some financial help. <br /> <br />Schmidt stated legally we have a request for plat approval; coun- <br />cil can approve the plat in terms of what the staff may negotiate <br />with the developer and what kind of message we are giving to the <br />developer and to staff, they may find that, based upon how this <br />plat is presented and the rest of the development that council <br />would like to see occur there, council does not have to make any <br />kind of assistance for this development to occur. <br /> <br />Benke stated that it be clearly understood that approval of plat <br />is a totally independent and isolated decision from subsequent <br />development and approval kinds of processes. <br /> <br />Page Nineteen <br />