Agenda - Council - 07/09/2002 - Laserfiche WebLink

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-54- Councilmember Kurak tried to interrupt Mr. Ragler. Mayor Gamec stated if she wanted to speak she needed to go out into the audience. Mr. Ragler stated that he did not want this to turn into a legal battle. Mr. John Birdseck, 600 146t~ Avenue NW, stated he was at the meeting and Mr. Ragler was not so he did not know how he got the information. Mayor Gamec asked City Attorney Goodrich if he wanted to comment. City Attorney Goodrich stated there is a State Statue that a City must take action within 60 days of an application. He stated there was controversy whether or not a 2/2 tied vote means that Council has taken the acti0g~'-i:~ked by the Statute. He stated he has taken the position that if there is a 2/2 tie, it mean~:-th~ appl1:dktion has failed and that is the action they have taken so there would be no changeJfi:~e Comprehensive Plan. He stated that he was not able to say what One person has to say regm:ding Mr. Steve Thurler, 14700 P~iass}~ ~};et'~, stated he was at the meeting and the sketch was just a sketch. There had been:~i~su~ey do~ of the land. He stated the Comprehensive Plan process should end tonight an~ if the~:~,:ig'/a ~son to come back, then do it as a PUD and deal with it in that manner. He stated~!.':'~his couldn'~,~.:go on forever. He stated the Planning Commission at the time the ComP~hes~s}ye~}i~ik~(~.i~endment was offered, denied it and it probably should have died there but i't';~h-°(ii~ be ~61~d on tonight and hopefully will be denied tonight. Councilmember Anderson stated that Mr. Fe~¢~~e. and ~':s~h~ was at a loss for information. She stated she had been told the neighborhood i , eetiii' }3wenF' ell and yet she was seeing something different. City Attorney Goodrich stated tbs discussion is not relevant tp~;~cti~they were ta~ng. He stated they were asked to t~e action consistent with the S~tamte. He stated t~s did not have a bemng on the action the Council t~es. He state~5~at legally this discussion was not having ~y impact on their decision. Mr, Fegis stated the comments that have been communicated to the Council were to share ideas regarding a project. He stated they shared with the neighborhood the design concept. He stated that what they were looking at was from the developer's perspective, not the Kurak's ideas and the consensus of the neighborhood was that they liked the designs and the idea. Mayor Gamec asked City Attorney Goodrich if this is approved and comes back as a site plan, review, rezoning, in that rezoning, do they have the right to state what percent they want for low or medium density. City Council/June 25, 2002 Page 8 of 33 I I! I I I Ii I I I I I I I I I