09/12/1979 Council Minutes - Laserfiche WebLink

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September 12, 1979 Kulaszewicz and Richard Zlinkka. Also present were Ben Benson, Chairman of the homeowners group Dave Cody, a resident and Attorney, and Mr. John- son and Mr. Reinert of the Planning and Zoning Commission, but not appear- 'ing in that capacity. Mayor Karth reviewed the circumstances leading up to the request for a continuance of the public hearing by Mr. Talle, Attorney for the developer. This had been communicated to Mr. Locher, City Attorney, who had in turn communicated this to the City Clerk the morning of September 11. This had been discussed by the Council at the budget meeting the previous evening, and October 3 was the proposed date for the continuance, at which time the developer was proposing to present an alternative plan. There was some question as to whether the developer was proposing to communicate with the residents, or whether he had already done so. 11 Mr. Zelinka moved to continue the public hearing to October 3 at 8:00 P.M. on the basis that there had been a request for a continuation by the builder to contact the people living in the East Shadow Lake Drive area and also on the basis of that request having been given at least officially to the City Attorney and City Clerk. Mr. Schn cider felt that the request should have been made formally by the representative of the developer at the public hearing, rather than by word of mouth. Mr. Zelinka felt that if this was an attempt by the developer to engage in dialogue with the resi- dents, then the. Counicl could give them that opportunity. Mr. Cody noted that the developer had had seven months to prepare a proposal and the resi- dents had been given only four hours notice that the public hearing had been cancelled; he felt that in view of the proceedings of the past month and a half and the activity of the past day and a half, that their proposal Ishould not be given any credence. He requested the record show that the builder, by not appearing at this meeting and by not making a formal re- quest for a continuance, be defaulted and barred from bringing a further action before the Council for a period of one year. Mr. Zelinka restated his ;motion, to effect that it was based on the developer' stated intent to initiate some dialogue with the residents, which was his information to date. Mr. Schneider disagreed, in that it was'his under- standing that the developer was not intending to do so. Mr. Kulaszewicz also felt this was the case. Mr. Benson felt the public hearing should not be continued, since the matter had been before the Council several times and should be acted on, as there was no new proposal to be considered. He indicated the residents would start legal action on these proposals unless there was an answer on it. He also felt that any motion made should be by a Council member who had been at the last meeting; Mr. Zelinka objectel, and Mayor Karth indicated that the matter was in the Council's hands and was their decision to make. Mr. Reinert asked if the hearing had been legally published according to the law, and if so, how could it be cancelled or continued if it had been legally posted. Mayor Karth indicated the public hearing had been opened, which was the legal obligation and the Council had the option of continuing it as requested or not. A resident present in the audience asked whether it wasn't necessary for the developer to be present at the hearing to ask for a continuance. Mr. Cody indicated that when he had spoken to Mr. Talle on the phone earlier, Mr. Talle had Isaid he had been told by Mr. Locher or the Village Clerk that the matter had been continued and it wouldn't be necessary for him to appear. Mr. Johnson noted that the Council had already had two meetings for dialogue on this matter, and that at both meetings the developer had nothing to say; also that the public hearing had been set three weeks ago, and people had come form out of state to attend it; therefore , there was no need for