CCMIN011795 - Laserfiche WebLink

of the intended uses of this area. She supported efforts to draft a condition acceptable to all parties. Mr. Roush indicated that if the Council amended condition 2(ii), the ordinance would have to be reintroduced this evening and come back in two weeks for final adoption. That will delay the owner in obtaining a building permit. Secondly, attempting to draft the condition under these time constraints and at this time of night is not the best circumstance to deal with something this sensitive. He recommended adopting the ordinance as introduced and then working with the neighbors and applicant to draft language for a PUD modification to address all of the concerns. Mr. Levine concurred with the City Attorney and indicated there is a statute of limitations to consider. He believed it appropriate to adopt the ordinance and still have the next couple of weeks to work on the conditions. Ms. Michelotti volunteered to assist in the negotiations. James Miller, 3633 Camelot Court, cited various actions that were to be taken by Mr. Thomas and complained that he always seems to find a loophole to do what he wants. He urged Council not to approve the ordinance unless the condition limiting access to the back of the building is maintained. He then expressed his objection to the use of a leaf blower in the landscaped area. He did not object to limited use of the area for maintenance, but strongly objected to anything that would cause noise and was strongly opposed to deliveries. Mr. Miller complained of the exhaust fan installed at the cleaners and questioned whether a permit had been obtained. Mr. Tarver asked if Mr. Miller understood what Council is doing with this action, that is, approving the Color Tile application and then working with the applicant to define reasonable permitted uses. It was moved by Ms. Dennis, seconded by Ms. Michelotti, to adopt Ordinance No. 1644, approving the application of Color Tile for a major modification as filed under Case PUD-80-15- 5D-5M. The roll call vote was as follows: AYES: Councilmembers - Dennis, Michelotti, Pico, and Mayor Tarver NOES: None ABSENT: Councilmember Mohr ABSTAIN: None There was discussion about when Mr. Thomas could proceed with the project. It was clarified that he could proceed with plan check and other necessary steps, but building permits could not be pulled until thirty days from adoption of the ordinance, when it becomes effective. He could also use the time to negotiate the changes to the condition. 01/17/95 -7-