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Vic Fracaro, speaking on behalf of the applicant, said he does not see any issues around the matter. He said that construction of the project is expected to be completed in November 2009. He provided clarifying details on the project and why the current action is needed. Victor Gallego said he is in charge of the property at 875 Woodside Road and he was happy that the site was going to be owner occupied and not rentals. He says that for one year he has seen no activity on site. Mr. Gallego said he has tried to communicate with Mr. Lamb but no response was received. He shared concerns about youth that occupy the site. Mayor Foust pulled agenda item 6.1.0 from the Consent Calendar. M/S Howard/Pierce to adopt the Consent Calendar except for item 6.1.C. Council Member Bain commented on agenda item 6.1 D. He wants to make it clear that this will still go through a process and the cost is being covered by the developer. Mayor Foust read the titles of each item prior to voting. Motion carries by unanimous roll call vote. Council Member Hartnett recused himself from the discussion on item 6.1.C. Ms. Ekas, Planning Manager, reported that 900 letters went out and they were sent out the day after Martin Luther King holiday. Ms. Webb, Housing and Economic Development Manager, said that this is similar to what was presented to Council two weeks ago. She provided details to Council on the fact that the covenant already says that the six units can be rental. Mayor Foust said that the Council specifically asked for certain items to be addressed prior to this coming back namely that the developer send out a notification and to include a time limit. Council Member Ira said that this was a sensitive issue and Council was trying to avoid this kind of reaction and how a maximum of two years had been discussed. Vice Mayor Howard asked that this come back and not have it on the Consent Calendar. She wants it noticed now so that people know what it is about and she also mentioned the security issue at the site since construction has stopped. Other Council Members wanted to bring this back at a later date. The developer representative said they are under a deadline of the end of January. One Council Member asked that the legal rights be explored in the MayorNice Mayor meeting and then have the matter come back. Council hoped that the issues get resolved and one Council Member asked that this come back on the Consent Calendar. M/S Bain/Aguirre to continue item 6.1 C. Motion carried by a voice vote with Council Member Hartnett recused. Miinute Order 09-015 MOTION: Waive reading of the Consent Calendar except the ordinances by title, adopt the resolutions and the ordinances, and approve other items. REGULAR CITY COUNCIL MEETING JANUARY 26, 2009 MINUTES PAGE 3 MINUTE BOOK NO. 62 Page No. 294