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City of Centerville Council Meeting Minutes January 8, 2003 problem with granting the permit is, if the developer comes forward with a plat, he could take the City to court, and force the City to do a condemnation they don't want to do. Council Member Broussard Vickers stated there is typically a 60-day waiver signed. She asked if this could be extended. City Attorney Hoeft indicated it could be extended to 120 days, but that may not be enough in this situation. He stated the best scenario would be to have the petitioners sign the waiver with no time period, just waive with the understanding the developer needs to get the plat done and do something with the land. In that case, once the developer comes forward, the petitioner has already gone through the process and doesn't have to go through it again. He added that the petitioner then needs to speak with the developer to resolve. Council Member Broussard Vickers stated the Planning Commission approved, but did not know the Council could not approve the plan. Mayor Sweeney stated he likes the proposal, and believes it is something the City needs. He feels it will indeed help clean up the City and would be a great addition to the Industrial Park, however he does not want to put the City in a position where it could be taken to court. Council Member Broussard Vickers advised that if the petitioners signed the waiver as explained it could be put on the agenda next month. If they aren't in agreement to do that the Council needs to deny. Mr. Votel asked if they would be waiving for 120 days. City Attorney Hoeft indicated they would need to waive for an unspecified period of time. He indicated the public hearing could be kept open until the next meeting. At that time if the petitioners have decided to sign the waiver they would close the public meeting, but take no action. When the issues with the developer are resolved, action could be taken without further public hearings. Mr. Votel indicated he thought the Special Use Permit was good for 12 months. He stated they are working parallel with the developer to plat the property and they are trying to work toward a Mayor June opening. There is a good deal of time investment and a detailed timeframe with the manufacturer of the buildings they must adhere to. He is concerned that delaying approval will delay all of the plans. City Attorney Hoeft indicated on behalf of the City, he could not recommend that they approve at this time. Mr. V otel asked if they were entering into a ground lease simultaneously with the SUP request, if the issues would still exist. City Attorney Hoeft indicated they would, since you can not lease something that does not exist, and the piece of property they are proposing to develop does not exist. Page 8 of20