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gate is not locked. Mr. Tarver wanted an opportunity to work with the property owner and ___ <br />residents to solve the situation. <br /> <br /> Council discussed whether to continue the item or deny without prejudice and the <br />consequences of each motion. There was concern that negotiations might take too long if the <br />motion was to deny without prejudice. Ms. Mohr asked what recourse there was to insure the <br />matter returned to Council expeditiously. <br /> <br /> Mr. Swift indicated Code Enforcement will actively proceed to get compliance. Mr. <br />Abigana has been trying to find other locations for this use, whether Council continued the <br />application or denies it without prejudice will accomplish the same economic end affecting the <br />property owner. The space will continue to be vacant and the owners will have to take whatever <br />action necessary to lease the space, which will force compliance with PUD conditions or the <br />neighbors will not support any application. <br /> <br /> Ms. Michelotti expressed her desire for a continuance to provide an opportunity for the <br />owner to address the Council. She did not feel it was fair to the applicant to deny the <br />application. She supports the action being taken to resolve this problem. <br /> <br /> It was moved by Mr. Tarver, seconded by Mr. Pico, to adopt Resolution No. 95-03, <br />upholding the appeal, thereby denying the application of Mr. Abigana without prejudice. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers - Dennis, Mohr, Pico, and Mayor Tarver <br />NOES: Councilmember Michelotti <br />ABSENT: None <br />ABSTAIN: None <br /> <br /> It was moved by Mr. Tarver, seconded by Ms. Dennis, to direct staff to move forward <br />with Code enforcement against this shopping center regarding signage, the gate, the lights and <br />noise problems. <br />The roll call vote was as follows: <br />AYES: Councilmembers - Dennis, Michelotti, Mohr, Pico, and Mayor Tarver <br />NOES: None <br />ABSENT: None <br />ABSTAIN: None <br /> <br /> There was a break at 10:10 p.m. <br /> <br /> The meeting was reconvened at 10:18 p.m. <br /> <br /> It was moved by Mr. Pico, seconded by Ms. Dennis, to waive application fees for Mr. <br />Abigana to reapply after the problems of this center have been solved. <br /> <br />01/03/95 <br /> 14- <br /> <br /> <br />