02/10/2003 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES FEBRUARY 10, 2003 APPROVED 1 • 2 Councilmember Carlson stated rather than sending it back to Planning and Zoning, since this is a 3 legal issue and Council has discretion, could it be sent back to a work session, where the attorney's 4 could provide more information. 5 6 Mayor Bergeson asked City Attorney Hawkins if a second could be withdrawn. City Attorney 7 Hawkins gave his opinion that it could. 8 9 Mayor Bergeson indicated the motion made by Councilmember Carlson was seconded but the second 10 was withdrawn. He asked for another second. Hearing none, he asked for another motion. 11 12 Councilmember Reinert moved to send Resolution No. 17-03 Denying Minor Subdivision to 13 Planning and Zoning Board for their review. Councilmember O'Donnell seconded the motion. 14 15 City Attorney Hawkins asked if there were any time constraints. City Planner Smyser asked for an 16 opinion from City Attorney Hawkins. He stated in January, 2002 the applicant waived his right to the 17 deadlines. Recently the City received a letter rescinding that waiver, so he believes the clock should 18 start with receipt of that rescission. He indicated that he believes this is a subdivision issue, rather 19 than a zoning issue, which means they automatically have 120 days. 20 21 City Attorney Hawkins offered his opinion that this probably does not fit under 1599, but the City has 22 provisions of other ordinances. He indicated he would feel more comfortable if the parties reached a 23 consensus to allow this to go back to the Planning and Zoning Board and then come through the . 24 process to City Council. 25 26 City Planner Smyser stated the City could extend, even if the deadline were 60 days, but he agrees it 27 would be better to get a consensus. 28 29 Mayor Bergeson called for a brief recess at 7:55 p.m. The meeting was reconvened at 8:02 p.m. 30 31 City Planner Smyser indicated this issue could go to Planning and Zoning Board on March 12 and 32 come back to the City Council on March 24, to which all parties have agreed. 33 34 Councilmember Carlson asked if this had been agreed to by both attorneys for Mr. Morton and Mr. 35 Racutt. City Planner Smyser indicated it was, and the City would send them letters confirming the 36 dates agreed upon. 37 38 Councilmember Carlson asked how the new subdivision ordinance defines improved streets. 39 40 City Planner Smyser indicated this was a good question. He stated minor subdivisions would require 41 frontage on improved streets, or would require a variance. 42 43 Councilmember Carlson stated they had an applicant come to a work session who had a business he 44 wanted to move. Council told him he would fall under current ordinance even though the request was 45 in the early stages. She wants to make sure they are being consistent. 46 • 12