07-22-09 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 22, 2009 Upon motion by Boss, seconded by McGraw, the public hearing was closed. McGraw felt that the Council was in a difficult position of trying to determine the future of this property when the property owner was not present to offer input. McGraw felt that the Planning Commission did a good job in giving the property owner a choice, however, questioned whether that was good or bad for the City. The City Attorney felt it was good to give the property owner an option that would be complied with. Keis asked if the Council could take this same approach and offer the property owner an option. The City Attorney replied that if the Cowlcil acts on a revised PUD Permit that is subject to the new Code standards, that is what the property owner will have to comply with. The City Planner noted that the PiJD Permit that the Planning Commission recommended for approval is not what the applicant applied for. The Council discussed the option of tabling action on the PIJD Permit, and it was noted that the City's 60-day review period was extended through today. The Administrator indicated that in the past the Council has tabled action on matters pending receipt of a 60-day waiver from the applicant conditioned that without the waiver the application would be deemed denied. The City Attorney recommended against the conditional tabling and that action be taken this evening. He noted that The applicant could request a reconsideration of the Council's action at the next Council meeting. McGraw felt that there were too many unanswered questions relative to the application. He felt the request should be denied, and if the applicant wants to appeal that action, they should be present at the next Council meeting to present their case in person. McGraw felt the Council was in a precarious case of deciding the future of a property when the property owner is not present. McGraw also noted that the property owner has not shown through past history that they are willing to live up to what they agreed to do with their property. The City Attorney again recommended that given the 60-day rule, the Council should take action on the PUD Permit application this evening. Mr. Keis introduced the following resolution and moved its adoption RESOLUTION NO. 2009-7--166 -DENYING THE REQUEST OF CARL COSTANZO AND MARY FASCHING FOR PLANNED UNIT DEVELOPMENT PERMIT FOR 3151 COUNTRY DRIVE BASED ON