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BREAK: Councilmember Thorne called a brief break and thereafter reconvened the regular meeting. 16. Public Hearing: PAP-121, Phillip and Joanna Segundo, Appellants (PCUP-205, Janny Rocha, Applicant) -Consider an appeal of the Planning Commission's approval of a conditional use permit to relocate and replace the 10,000-gallon wood tank with a new 5,000-gallon poly tank in the rear yard of the existing residence located at 481 Sycamore Road Community and Development Director Brian Dolan presented the staff report, noting that the Council was divided on this issue last August and urged the homeowners to reach a compromise. After several meetings, an agreement has been reached whereby the holding tank, pressure tank, and pump will be relocated approximately 75 feet east of its current location. The cost tank relocation cost of $3,080, which covers the transfer of all three tank components will be borne by the Segundo's. Mr. Dolan explained that it is necessary for the City Council to act on this item, as opposed to the Segundos withdrawing the appeal, due to the Planning Commission approval for the tank at its current location. Staff requires an action that would make the agreement official and requests that the Council adopt the resolution referring to this agreement. Councilmember McGovern noted that Exhibit B fails to mention the transfer of the pump and pressurized tank as included in the price of $3,080. Mr. Dolan explained that the agreement and dollar amount contained within said agreement is for a bid that involves relocating all three. Councilmember McGovern asked that any signed agreement clearly state as much and that it be included as part of the record in an attachment. The Agreement should also include the tanks location as depicted in Exhibit C. Councilmember Thorne asked if any progress was made on the Council's request that contractors be made aware that a permit is required for the installation of these tanks. Mr. Dolan said that this particular contractor is now aware but he is not sure that staff has made any specific progress on informing the rest. The public hearing was opened. There were no public speakers, and the public hearing was closed. Motion: It was m/s by McGovern/Sullivan to adopt Resolution No. 09-260 resolving Case PAP- 212 thereby amending Planning Commission approval of the application of Janny Rocha for a Conditional Use Permit, as filed under Case PCUP-205. Motion passed by the following vote: Ayes: Councilmembers McGovern, Sullivan and Thorne Noes: None Absent: Vice Mayor Cook-Kallio and Mayor Hosterman 17. Continued to February 17, 2009 -Public Hearing: PUD-76, Nathaniel Morales/Cody White -Consider an application to rezone an approximately 7,500-square-foot parcel located at 344 and 346 West Angela Street from the RM-1,500 (Multiple-Family Residential) District to the PUD-HDR (Planned Unit Development - High Density Residential) District and for Planned Unit Development plan approval to remodel and City Council Minutes Page 10 of 11 January 20, 2009