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Councitmember Kurak inquired how the new ordinance addressed the economic issue. She did <br />not think legally the City could restrict the value of the property until the property is officially <br />mapped. <br /> <br />Community Development Director Frolik explained that the draft Highway #10 ordinance does <br />not address improvements on a dollar figure. <br /> <br />Councihnember Kurak stated that if the City does not have the official mapping process <br />completed by the time they adopt the new ordinance she did not think the City had the right to <br />impose a limit on the value of a person's property. <br /> <br />City Attorney Goodrich stated that he just received the ordinance for the first time today. He <br />explained that H-1 Highway #10 Business District Ordinance will establish a special use permit <br />for any new use or any addition or extension of uses. The ordinance is proposed to be brought to <br />the Council on December 16th for introduction. The goal is to have the adoption concun'ent with <br />the expiration of the moratorium, Staff asked him to find the answer that if the ordinance is <br />adopted and the City restricts development would that be considered reverse condemnation. At <br />this time he did not have that answer but hoped to have it by next week. <br /> <br />Councilmember Kurak inquired if Mr. Touchette does not get approval tonight to upgrade his <br />property and he xvaits until after the ordinance is adopted is there is language in place that states <br />that property values would be restricted before official mapping is in place. <br /> <br />City Attorney Goodrich replied yes. He explained that the ordinance is intended to cover the gap <br />between the end of the moratorium and when the official mapping process is completed. <br /> <br />Councilmember Cook inquired if what Mr. Touchette is proposing is in compliance' with the way <br />the new ordinance is written. <br /> <br />Community Development Director Frolik replied yes with the exception that he would not be <br />required to apply for a special use permit. <br /> <br />Councilmember Kurak inquired as to how Mr. Touchette felt about not getting back his <br />investment he makes now at a later date. <br /> <br />Mr. Touchette replied that he has to determine what part is maintenance on the property and what <br />will add additional value. The added square footage adds little to the value to the property. His <br />goal is to update the property to make it look like a 2003 property. <br /> <br />Mayor Gamec inquired if there was something that could be added in the development agreement <br />to address their~concems. <br /> <br />City Attorney Goodrich replied that Mr. Touchette could review the proposed ordinance and <br />agree to the terms in that ordinance at this time, <br /> <br />-34- <br /> <br />City Council/December 9, 2003 <br /> Page 12 of 23 <br /> <br /> <br />