08-26-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 26, 2015 Norder agreed that that was the opinion of the City Attorney's office. Berres again stated that he never agreed with this opinion and that the City has never proven that the lapse of duplex use occurred. Keis indicated that Berres disagreement with this opinion does not negate the City's legal opinion. There was additional discussion on this issue with the City's position, based on the City Attorney's opinion, being that the lapse of duplex use has occurred given one unit of the duplex has not be rented out for more than one year. Keis stated that he had hoped that the City and Berres would have been closer to agreement in this matter, and pointed out that Berres has only had 24 hours to review the proposed Development Agreement. He also noted that Berres' position is much different than what was expressed to the Council at a previous meeting. Keis felt that action on the matter should be tabled at this time to give staff an opportunity to continue discussions with Berres to see if an agreement can be reached. It was noted that Berres will need to sign a 60 -Day Review Waiver in order to table action on his appeal. Berres indicated that he may file for an injunction to prevent the City from stopping his rehab of the duplex. The 60 -Day Waiver was explained to Berres and he signed a waiver extending consideration of his appeal to October 28, 2015. It was noted that, if agreement can be reached, it may be possible to consider the appeal earlier than the October 28th date. Keis summarized that the issues of contention appear to be the requirement in the Development Agreement that Berres escrow funds with the City for the rehab project. Keis also noted that Berres has taken issue with the cost estimates put together by Housing Resource Center. He suggested that Berres obtain bids for the rehab work which can be compared to those of the Housing Resource Center. Berres asked if he would be able to do any of the work himself. The Administrator noted that no building permits will be issued until the Development Agreement is in place. Berres again stated his disagreement that the lapse of duplex use occurred and that he may file an injunction against the City. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-8-167 — TABLING ACTION ON THE BERRES APPEAL RELATIVE TO LAPSE OF DUPLEX USE FOR 2955 AND 2957 ARCADE STREET UNTIL OCTOBER 28, 2015, OR 9