09/12/1979 Council Minutes - Laserfiche WebLink

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September 12, 1979 13 contacted; whether rightly or wrongly, that is what had been done. Mr. Zelinka commented that simply as a statement of past precedent, the Council has normally considered communication to the Attorney as contacting the IIICity so long as the Clerk was contacted. although he felt the Attorney had been remiss in this situation. A resident from the audience asked if the City Attorney charged for the contact and the Council indicated this was the case, although Mr. Schneider felt that the answer should have come from the Council rather than the Attorney. IMr. Zelinka noted that on the premise that the Attorney was speaking for the developer, the Council could then move to deny the R -5 rezoning application, and the developer could then come back on any corbination other than that. Mr. McLean said that any combination could be considered, or it could be two zonings with part of it left as R -1 and the balance any- thing else. Mayor Karth asked if R -5 was strictly a density matter, no matter what kind of structure it was; Mr. McLean indicated that R -5 was a townhouse classification originally, and quads had become another extension of that. Mayor Karth indicated that Mr. Talle had said that if Mr. Locher had hinted at all that there was any problem with extending the hearing, he would have been present; also a consideration had been that'they were not contacted until yesterday morning. Mr. Schneider stated that the purpose of the meeting was a rezoning for quads, and the only other alternative was single family dwellings. Mayor Karth noted that the Council had requested an alternative plan, and that Mr. Talle had indicated they were no longer con- sidering quads in their proposal, which was why they contacted Mr. Cody through Mr. Locher. Mr. Schneider felt the burden was on the developer to come in with an alternative plan, and Mayor Karth indicated they had been looking for input. Mr. Zelinka pointed out that they had been told there was no change, and that only single family would be considered. A resident present in the audience felt that if the developer was dealing in good faith, they would have come to the homeowner's association to see if they would compromise, since the onus was on them; also the developer had no position to delay action by the City Council, and should have been pre - sent at the meeting. Mayor Karth indicated that they had contacted Mr. Cody, and the answer -had been no compromise; however, they had not known that until yesterday morning. Mr. Zelinka, on the basis of the information the Council had, moved to deny the application for rezoning to R -5. Mr. Kulaszewicz seconded the motion. All were in favor. Motion declared passed. Mr. Zelinka moved to adjourn at 9:00 P.M. unless there was any more bus - iness before the Council. Mr. McLean seconded the motion. All were in favor. Motion declared passed. Those minutes were considered and approved at the regular scheduled Council meeting held on September 24, 1979. Edna L. Sarner, Clerk- Treasurer