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Case//7: <br /> <br />Request for Preliminary Plat Review of Mallard Ponds; Chase of Chris <br />Bulow, Bulow Incorporated <br /> <br />Motion by Councilmember Hendriksen and seconded by Councilmember Zimmerman to table <br />consideration of the Preliminary Plat for Mallard Ponds to the Monday, May 1, 2000 workshop. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Zimmerman, <br />Anderson, and Connolly. Voting No: None. Absent: None. <br /> <br />Case/t8: <br /> <br />Adopt Findings of Fact Relating to a Request for Exemption to Moratorium; <br />Case of TSM Development, Inc. and Wayne Johnson <br /> <br />Community Development Director Frolik explained that on April 11, 2000, the City Council <br />reviewed a request for exception to the development moratorium from TSM Development, Inc. <br />and Wayne Johnson. TSM requested the exception to the moratorium in order to initiate a <br />rezoning of Outlot A, Regency Pond, from I-Industrial to R-3 Urban Residential. The Council <br />directed staff to draft findings of fact which are now before the Council for consideration. <br /> <br />Kristi Adair Zentner, Fafinski, Wallrich & Roos, stated they represent TSM Development and <br />Wayne L. Johnson who requested exemption for Outlot A, Regency Pond, from the development <br />moratorium contained in interim Ordinance 99-12 and had requested rezoning from I to R-3. She <br />stated letters were sent outlining their arguments for meeting the five factors to receive an <br />exemption and Tom Wallrich appeared at the April 11, 2000 Council meeting to present <br />argument and their request for exception to the moratorium was denied. She explained that <br />tonight the Council will consider adopting findings of fact for denial. Ms. Adair Zentner noted <br />her appearance in support for TSM in granting the exception of the moratorium. <br /> <br />Wayne Johnson, Zimmerman, stated he is not a petitioner on this parcel and wants the record to <br />correctly indicate he is out of the title on this property. He clarified that he is not part of this <br />application or property. <br /> <br />Councilmember Hendriksen stated he wants to assure the record is correct since the statement <br />was made the request was denied at the last meeting but, in fact, it was tabled for preparation of <br />findings of fact. <br /> <br />City Attorney Goodrich stated that is correct and was assumed for denial since he was directed to <br />prepare negative findings of fact. <br /> <br />Ms. Adair Zentner clarified that they represent TSM Development (not Wayne L. Johnson) and <br />stated she understands the matter was tabled to prepare negative findings of fact which would <br />result in denial of their request. <br /> <br />City Council/April 25, 2000 <br /> Page 23 of 29 <br /> <br /> <br />