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Bob Burmeister, speaking on behalf of Mr. and Mrs. Opfer, stated that this is not a <br /> typical developer situation. He stated the Opfefs real concern regarding eminent <br /> domain, a lengthy lawsuit associated with the fire and the issue of the interim <br /> urgency ordinance. He further stated that because this will not be precedent <br /> setting and there are no projects in the pipeline, he is requesting that the Council <br /> consider Option #2. He further requested to revise paragraph 7 to reflect that, if in <br /> fact the agreement is terminated by the Opfers, they would receive reimbursement <br /> for any fees paid. <br /> <br /> M/S Ruskin/Pieme to approve the Development Agreement with the Mr. <br /> Burmeister's amendment regarding cancellation to be included, approve Option <br /> #3 with the estimate of costs to be cut by half to $62,465.50. <br /> <br /> The motion failed due to a tie vote as follows: <br /> Ayes: Council Members Howard, Pieme, Ruskin <br /> Noes: Council Member Jordan, Vice Mayor Ira, Mayor Claire <br /> Absent: Hartnett <br /> <br /> M/S Jordan/Ira to extend the meeting to 11:15 p.m. The motion passed by a <br /> unanimous voice vote by those present. <br /> <br /> M/S Jordan/Ira to accept Option #2, include Mr. Burmeister's revision, and shorten <br /> the Development Agreement term to three years for completion. <br /> <br /> The motion failed by the following vote: <br /> Ayes: Council Members Jordan and Ruskin, <br /> Noes: Council Members Howard, Pierce, Vice Mayor Ira, Mayor Claire <br /> Absent: Hartnett <br /> <br /> M/S Ruskin/Howard to approve the Development Agreement with the Mr. <br /> Burmeister's amendment regarding cancellation to be included, approve Option #3 <br /> with the estimate of costs to be cut by half to $62,465.50 and the term of <br /> completion to be three years and introduce the following ordinance: <br /> <br /> ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT <br /> AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND JEFF OPFER, <br /> AUTHORIZED AGENT FOR AND ON BEHALF OF ROY E. OPFER AND MARGARET L. <br /> OPFER, AS TRUSTEES UNDER THE TERMS OF SAID DECLARATION OF TRUST <br /> DATED SEPTEMBER 2, 1983 ("OWNER") AND MAKING CERTAIN FINDINGS WITH <br /> RESPECT THERETO; <br /> <br /> The motion passed by a unanimous roll call vote by those present with Council <br /> Member Hartnett absent. MINUTE ORDER 02-120 <br /> <br />REGULAR COUNCIL MEETING MAY 6, 2002 <br />MINUTES PAGE 12 <br />MINUTES Book No. 59 <br />Page No. 157 <br /> <br /> <br />