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Councilmember Pentin stated that while the FPPC stated that he does not have a financial conflict of interest in participating in the decision making of the Lund Ranch II project, however the comments made by the public at tonight's meeting indicated that he may have a bias regarding the project. He commented on the fact that his integrity has never been questioned during the 20 years that he has served the city. He believes that this Council should be above reproach in any decision making and because of this, will remove himself from tonight's decision regarding the Lund Ranch II project. Councilmember Pentin left the dais and exited the Council Chamber. Mayor Thorne asked how many units should be allowed in this project. Councilmember Brown stated that she believes that this project is a 10 unit project and proposed a 10 unit plan that doesn't violate the Measure PP guidelines and would solve the problem regarding traffic and hopefully bring the divided neighborhoods together. She noted that she has discussed a 10 unit project with the City Attorney and that he did not feel it would be an issue because there is still value to be had for the property. Councilmember Olson doesn't believe this project is a 10 unit project and doesn't believe it is fair to the developer who has worked on this project for over 5 years and has reduced the amount of units' over time. Councilmember also stated that he believes that the decision made should equally distribute the units. He supported 50 units. Councilmember Narum asked about lot 32, is it reasonable to require that all grading must be below elevation 500 and what does that actually look like? Mr. Dolan believes that there is enough space to build a home at the bottom of lot 32 where a driveway was proposed. This becomes a completely different lot than previously designed and can accommodate a two story home. Councilmember Narum said she is okay with lot 32 if the elevation can go to 500. She is okay with the 50 units as proposed; however expressed concern regarding lots 37-39. Mayor Thorne stated that the number of lots decided upon will determine what's to be done with the access points. If the project is restricted to 10 units, then there is no decision to be made. However, if the decision is made to go above 10 units, then serious consideration needs to be made on the number of units to be built. Mayor Thorne stated in April 2013 he voted that a road is not a structure and still does not believe that the purpose of Measure PP was to keep access streets to access legal developments; therefore does not believe access through Sunset Creek is a problem from the Measure PP perspective. As for the number of units, he stated that he can go along with that number except to allow lot 32 to be two stories as long as Measure PP is not violated. Councilmember Brown stated that it's awkward to have a housing count without a road access. She commented on lots 34 through 39 having areas of 38 percent slope currently, which is over 25 percent and is within a 100 feet of a ridge. She doesn't believe the lots in question should be included, which will reduce the size of the project as well as the impact of the community. Council and staff briefly discussed the creek, soil erosion, mud slides and slope protection. Mayor Thorne stated that he does not believe a road is a structure, however does believe a house is and can agree to take the three units out if the lots were 25 percent or greater in order to stabilize the hill. Mayor Thorne made that statement into a Motion. The Motion was not supported by Councilmember Olson. Councilmember Brown stated agreeing with the motion is dependent on the access road. Councilmember Olson believes that the lots in question need to be developed and if not developed, it will not create a pleasant view and can have potential negative impact such as mud slides. He said that while he believes having been against Measure PP that a road is a structure and voted that way as a planning commissioner. He said he cannot go against 60% of the voters who did vote for PP. He shared the research he had done to conclude that a road is a City Council Minutes Page 10 of 15 November 17, 2015