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Acting Administrator Collins advised that this item was put <br />on the agenda by the Transportation Planning Committee, and he <br />had a concern with it because the letter of request from Mr. <br />Mills is proposing a 4 -way stop although the Special Exception <br />was conditioned on the C.O. not being granted until such time as <br />a signal light and turn lanes were installed. Under our Code, an <br />applicant has 30 days to appeal any decision, and no appeal was <br />taken therefore, his concern wa.s.;that we don't set a precedent <br />whereby people can come back and get a second chance to appeal <br />that they aren't entitled to under our Code. Mr. Collins.noted <br />that_, he just wished to let the Board know what his concerns were; <br />although, he does not have them so much any more since he has <br />been told he was in error on some of these points. <br />Engineer Dean Luethje of Carter and Associates, informed the <br />Board that'his firm did the engineering on the site plan for the <br />Mills and he had thought they had things pretty well worked out <br />until this morning when he was just told that the Motion in the <br />Minutes of the meeting of May 19, 1987, stated that before C.O., <br />the Level of Service of "C" had to be obtained, and apparently it <br />was written - i.e., traffic signal and turn lanes. He asked <br />Commissioner Wheeler if that was his recollection of the Motion. <br />Commissioner Wheeler commented that the Minutes were not as <br />specific as they could be. He listened to the tape this morning, <br />and in that meeting he stated that the C.O. should not be issued <br />until a 3 phase light and turning lanes were in place. <br />Commissioner Eggert confirmed that was her memory of what <br />was required also. <br />Commissioner Bird quoted the actual wording of the Motion <br />from the meeting of May 19, 1987, as follows: <br />"MOTION WAS MADE by Commissioner Wheeler, SECONDED by <br />Commissioner Bird, to approve the special exception use <br />requested by Mary Jane Mills with the condition that <br />prior to the issuance of a C.O., improvements be made <br />to the intersection that raise the level of service of <br />the intersection to an acceptable standard, i.e., <br />turning lanes, traffic signal, etc. <br />SEP 2 0 1988 15 <br />mer 71,�',E - � <br />