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<br />Associate Planner Daines stated that she was not sure, but that there have been numerous <br />extensions. <br /> <br />City Attorney Goodrich asked if Mr. Edwards would give the City a 30 day extension; <br /> <br />Mr. Edwards stated that he has been in front of the COlIDCil several times and wants to continue <br />to work with the City, but noted that staff has already looked at other properties and locations, <br />but it was always brought back to Alpine Park. <br /> <br />Councilmember Strommen stated that she wants to make sure the City is thoughtful in <br />considering the ordmance and would prefer to act on this application and then take the time to <br />consider the ordinance so the Council does not make any rash decisions. . <br /> <br />Councilmember Dehen noted that Mr. Edwards had not answered City Attorney Goodrich's <br />question regarding granting a 30 day extension. <br /> <br />Mr. Edwards stated that he would like the Council to take action on T -Mobile's request tonight. <br /> <br />Councilmember Dehen asked if there was any legal reasons that the City could deny this <br />application. <br /> <br />City Attorney Goodrich stated that the only possibility is whether this site should be considered <br />residential or commercial, which could give the City something to "hang its hat on" in court. <br /> <br />Mayor Gamec stated that taking this to court would carry a cost. <br /> <br />Councilmember Elvig stated that if the service cannot get over the landfill, it doesn't do the <br />residents any good. <br /> <br />City Attorney Goodrich suggested a language change for the proposed motion, <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to adopt Resolution #08- <br />01..018 approving the request for a Conditional Use Permit based on Findings of Fact #0819 and <br />adopt Resolution #08-01-019 declaring terms of same, contingent upon the following items: <br />1) Submission of a final landscaping plan that addresses the request of the Parks <br />. Supervisor and the Environmental Coordinator; <br />2) The City entering into a lease agreement with T -Mobile. The permit shall be <br />subject to the terms and conditions of the Amended Declaration of Restrictive <br />Covenants between the City and Waste Management, dated December 21, 2006. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Jeffrey, Look, and <br />Strommen.' Voting No: Councilmember Dehen. Absent: Councilmember Olson. <br /> <br />Councilmember Elvig stated the importance of this item being discussed in detail at a work <br />session. <br /> <br />City Council! January 8, 2008 <br />Page 18 of 23 <br /> <br />96 <br />