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Session 1303, Minutes Page 5 April 26, 1982 would guarantee that this condition was carried out. The other condition which concerned Mr. Lieberman was No. 7--he felt that once the project was completed, the City would no longer have any control. Mr. Ollendorff said that condition could be made a part of the condominium agreement, and if the successor owners do not adhere to that clause, the City could do the necessary work and bill the owners. Mr. Ollendorff repeated that the Council should not approve the site plan until they were satisfied that all conditions will be met. He said there were a number of legal ways that could guarantee that all conditions are carried out. In response to Mayor Mooney, Mr. Ollendorff suggested that the administration be given several weeks, at least, to work on this matter with the developer and the city attorney to be sure every area of concern is met. Mrs. Metcalfe said several things should be clarified for the record. She noted that the developer, Mr. Lipton, asked the Council more than three years ago for permission to build 67 townhouse units and for the vacation of the east end of West Kingsbury Avenue for that project. He then requested as a contingency that he be allowed to construct 120 units instead of 67 if market conditions warranted, and also said it was urgent that there be no delay. However, nothing has been done on the site. Mrs. Metcalfe emphasized that everything about this project be in writ- ing and be legally enforceable. She said the Council had two tools in this case-- the site plan, and the collateral agreement which went with the vacation of the street. In return for the vacation of property, the City asked that the developer build a substitute road. She noted that the street was being vacated only because it was thought that the development will be beneficial for University City. She said it was very important that everything that was wanted be part of the collater- al agreement, so it must be done very carefully and thoroughly. Mrs. Metcalfe com- mented that she felt the plan had been improved and was more realistic since it was first presented to the Council. Mr. Adams asked if the substitute street would be built to the standards of a city street or to parking lot standards. Mr. Ollendorff said he was not sure, but would get the specifications for Mr. Adams. Mr. Adams said he wished to ascertain that if the City had the right of entry, the street would be capable of withstanding City equipment. Mr. Gene Tischler, 8665 Barby Lane, asked to address the Council. Mr. Tischler thanked the Mayor and Council for their patience and cooperation on this matter. He said the property being discussed had been a source of difficulty at times in the past, and it was felt that the present proposal was the best use of the property ever proposed up to now. He thought the main problem would be parking, and that perhaps more should be provided. He noted that this would also help the saleabil- ity of the development. Mr. Tischler again thanked the Council for its complete and full cooperation. Mr. Irvin Rudman, 8655 Barby Lane, asked to address the Council. Mr. Rudman said he was very pleased with the attention and constant endeavoring of the City in work- ing with the residents of the area and trying to get a project developed which will be satisfactory to everyone. He felt the City and staff should be commended. Mrs. Metcalfe said slight variations are allowed in site plans, but noted there was a somewhat larger than usual variation in this one, in that approval was being asked