08-18-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 18, 2014 Keis indicated that it appears that Poolside has good intentions when appearing before the Council with requests, but that those efforts are not carried through on. Anderson reported that he hired someone this spring to be in charge of maintenance, and will hire a maintenance company if his employee is too busy to do this work. McGraw asked if Poolside's employees understood where the 16 foot by 40 foot storage area was. Anderson replied that they do. McGraw questioned that unless this area is blacktopped or marked, it is difficult to know exactly where the storage area is. McGraw indicated that it is not the neighbors' responsibility to check on the condition of the property, but it is Poolside's. McGraw indicated that he had reservations in approving a PUD Permit extension given the history of this property. Keis asked what would happen if the PUD Permit were revoked by the City. The City Attorney indicated that the City has the authority to revoke a PUD Permit for non-compliance, and a revocation hearing would be called to consider that action. The Attorney noted the conditions recommended by both the City Planner and the Planning Commission. The Attorney reported that the City can require that Poolside come back in before the Council at any time to report on compliance with these conditions, and if the property is out of compliance, the PUD Permit can be revoked. The Attorney noted Poolside's comments relative to economic times making compliance with the 2010 conditions difficult, but also noted the neighbors' testimony on maintenance issues. The Attorney felt, however, that the City can control the situation of the benefit of the applicant and neighbors. He indicated that monitoring the property is one of the big issues. Blesener noted the Planner's recommendation that compliance be achieved by 10-31-14 and the Planning Commission's recommendation for an inspection prior to 6-1-15. The City Planner indicated that the City can establish whatever PUD Permit term and/or inspection schedule it desires, and that the Permit could be revoked if compliance is not achieved and maintained. McGraw suggested that each of the recommendations be addressed individually with Poolside providing a deadline for compliance. Boss noted that some of the recommendations are similar in nature and could be grouped together. McGraw pointed out that once a schedule is provided, the Code Enforcement Officer could use that schedule to monitor compliance. Keis asked about either blacktopping or marking the outdoor storage area. McGraw indicated that he would support marking the area. McGraw suggested that items such as mowing, staining the fence, and 8