CC Min 2009-07-13 - Laserfiche WebLink

Browse Search

explained in detail, namely condition #13 and #14. Some Council Members were concerned that the kids' safety was not top priority. Ms. Tangunan said the balance due to the city is $2,975.81 and it has been owed since January 2009. Vice Mayor Howard shared concerns about the students that will be impacted by this situation. She also wants the applicant to work with the neighborhood on trust. M/S Howard/Bain to approve the use at 40 students with conditions of approval that include the applicant paying all fees owed and providing quarterly updates to staff and having a point person to address the concerns of the community. This to be for the period of one year and providing periodic updates to staff. Mr. Yamamoto said that the city cannot force the applicant to pay the fees because that is a separate process. Mr. Yamamoto suggested amending the wording to say that the city is looking forward to receiving the payment. Council Member Aguirre agreed with the motion but she opined that 40 is too low and she supports the 80 students. She believes there has to be a give and take on the part of the neighbors because they decided to live there. One Council Member said that the historical use of the site shows that this has been used as a school site and he believes there is a precedent. The second of the motion could raise the numbers if that was the consensus. One Council Member cannot vote for less than 50 students and another Council Member would support 50 but the relationships and trust need to be repaired. M/S Bain/Hartnett to extend the meeting till 12:00 midnight. Motion carried unanimously by voice vote. Mayor Foust shared her disappointment at the applicant and she asked to see copies of the items that were passed out. She also asked the appellants to provide a brief email with the chronology of events because this is not the standard operating procedure for the city. She would support the motion for the benefit of the kids with very tight conditions and no more than 60 students. Motion failed 1-6 with Council Member Hartnett in favor and all others opposing. Mr. Yamamoto provided information what a motion to deny the appeal means. Mr. Lyon referred to page 19 of the staff report on condition #13 and #14. One suggestion was to deny the appeal and alter the zoning administrators conditions imposed. Motion by Vice Mayor Howard to deny the appeal, alter the Zoning Administrators' decision regarding the conditions, and having the student capacity at a maximum of 50 students. This includes placing a term of a one year on the use permit with a one year review and having quarterly updates and a point person to connect with the neighbors and staff. Motion died for lack of a second. Mr. Yamamoto explained some of the complexities around the expiration of a use permit. City Manager Ingram provided clarification on condition #10 of page 19 and 17 of the staff report. Council discussed what is on the permit and what it should say regarding the dates JOINT CITY COUNCILREDEVELOPMENT AGENCY BOARD JULY 13, 2009 MEETING MINUTES PAGE 12 MINUTE BOOK NO. 62 Page No. 414