01/28/1991 Council Minutes (2) - Laserfiche WebLink

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1 1 224 COUNCIL MEETING JANUARY 28, 1991 dreamed about all of his life. His home has lake access and he felt free to use the channel to take his sail boat and power boat out to the lake. Mr. Elliott said that the past six (6) months has not allowed him any peace and he is sick and tired of this. It is very frustrating that a City Council does anything a developer wants that will violate his rights as well as a lot of other persons rights. He said that there are a lot of other people here who will be affected severely by this project and asked the Council to consider this when they vote on this project. Council Member Reinert asked for clarification on testimony regarding whether or not it was proper for City staff to go to the RCWD and ask that board to change their mind regarding the permit requirements. Mr. Kern explained that Mr. Boxrud and Mr. Volk will go to the RCWD and ask that a ten (10) foot culvert rather than a bridge be used to span the channel. Mayor Bisel explained that the Council sometimes hears that they are supporting the developer. He asked the City Attorney to explain what a developer or any land owner has a right to do with his property. Mr. Burke noted that in cases such as this sides are taken. He felt it was important that the Council take a position that they are elected officials to receive requests by citizens, requests every citizen can make under the City Code to apply for any relief that is available to them to develop their land and use their land within the Code and with all the exceptions that are provided by the Code. He noted that it is the obligation of the Council to receive these requests and to give them a full hearing without biase and to receive all the comments and the input before judgements are made. Mr. Burke noted that every piece of property is unique and that is why there are variances and conditional use permits within the City Code, otherwise there would be just one uniform type on one type of land. Mr. Burke noted that the format that has been used here has been prescribed by the Code and a prejudgment has not been made. The requests have come in, the "i's" have been dotted, the "t's" have been crossed, the hearings are held and then the judgements will be made at a certain point in time. The property owner, no matter who he is has the right to apply under the Code to develop their property under the Code. The requests have been properly filed and has preceded as customary and comments on both sides are welcome. He said it is real important that everyone consider that the Council is trying to do the best thing for the City. They are acting in judgement with the interest of the entire City in mind. With this format the Council can study what they need to and ask the experts about the various aspects that have been raised. They are proceeding in customary fashion and will obtain PAGE 8