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1 <br />1 <br />1 <br />f <br />CITY COUNCIL MEETING AUGUST 8, 1994 <br />discussed. The recommendation was not to have the developer pay <br />for the entire reconstruction because there are other funding <br />sources but that there be a road improvement from County Road J <br />to Birch Street as a condition of approving the preliminary plat. <br />Mayor Reinert said that there seems to be some confusion and said <br />he would like more details before acting on the request. <br />Council Member Kuether moved to table this request until the next <br />Council meeting. Council Member Neal seconded the motion. Mr. <br />Corson said that there still is the question of PDO or R -1X and <br />did not realize he had the option to back to the Planning and <br />Zoning Board with a R -1X concept and that is why the developer <br />has been pushing for the PDO. <br />Mr. Lyden asked if this PDO concept presented tonight will be <br />going back to the Planning and Zoning Board. Mayor Reinert said <br />no. Mr. Lyden said that there was no opportunity for the <br />residents to comment on the proposal presented tonight. Mayor <br />Reinert said that it has been explained several times that this <br />is a combination of two (2) presentations and is not a new plat. <br />This has been before the Planning and Zoning Board. Mr. Lyden <br />asked to say something else about PDO's. Mayor Reinert said the <br />matter is going to be tabled and there may be no PDO. Mr. Lyden <br />said that there are some things in the PDO that have not been <br />addressed. Mayor Reinert explained that there may be no PDO. <br />Mr. Hawkins explained that the City Council has an obligation to <br />act on this matter within a specific time frame as outlined in <br />the Zoning Ordinance. Normally, action must take place within 60 <br />days after the public hearing. Mayor Reinert asked the developer <br />to waive the right to Council action within the 60 day time <br />frame. The developer, Roger Hokanson said that more than 60 days <br />had elapsed since the public hearing and would not waive his <br />right unless he could talk to his attorney. <br />Council Member Kuether withdrew her motion and Council Member <br />Neal withdrew his second. <br />Council Member Kuether moved to approve the request to rezone the <br />subject property to Planned Development Overlay (PDO), and the <br />FIRST READING of Ordinance No. 14 - 94. Council Member Bergeson <br />seconded the motion. Motion carried with Mayor Reinert voting <br />no. <br />Council Member Kuether moved to approve the preliminary plat <br />subject to the conditions outlined in the August 5, 1994 staff <br />report and the condition that the developer take action necessary <br />to complete a satisfactory plan for the reconstruction of Holly <br />PAGE 17 <br />