Agenda - Council - 05/23/2000 - Laserfiche WebLink

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I I I Case #7: Request for Preliminary Plat Review of Mallard Ponds; Chase of Chris Bulow, Bulow Incorporated Motion by Councilmember Hendriksen and seconded by Councilmember Zimmerman to table consideration of the Preliminary Plat for Mallard Ponds to the Monday, May 1, 2000 workshop. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Zimmerman, Anderson, and Connolly. Voting No: None. Absent: None. Case #8: Adopt Findings of Fact Relating to a Request for ExemPtion to Moratorium; Case of TSM Development, Inc. and Wayne Johnson Community Development Director Frolik explained that on April 11, 2000, the City Council reviewed a request for exception to the development moratorium from TSM Development, Inc. and Wayne Johnson. TSM requested the exception to the moratorium in order to initiate a rezoning of Outlo! A, Regency Pond, from I-Industrial to R-3 Urban Residential. The Council directed slaffto draft findings of fact which are now before the Council for consideration. Kristi Adair Zentner, Fafinski, Wallrich & Roos, stated they represent TSM Development and Wayne L. Johnson who requested exemption for Outlot A, Regency Pond, from the development moratorium contained in interim Ordinance 99-12 and had requested rezoning from I to R-3. She stated letters were sent outlining their arguments for meeting the five factors to receive an exemption and Tom Wallrich appeared at the April 11, 2000 Council meeting to present argument and their request for exception to the moratorium was denied. She explained that tonight the Council will consider adopting findings of fact for denial. Ms. Adair Zentner noted her appearance in support for TSM in granting the exception of the moratorium. Wayne Johnson, Zimmerman, stated he is not a pelitioner on this parcel and wants the record to correctly indicate he is out of the title on this property. He clarified that he is not part of this application or property. Councilmember Hendriksen stated he wants to assure the record is correct since the statement was made the request was denied at the last meeting but, in fact, it was 'tabled for preparation of findings of fact. City Attorney Goodrich stated that is correct and was assumed for denial since he Was directed to prepare negative findings of fact. Ms. Adair Zentner clarified that they represent TSM Development (not Wayne L. Johnson) and stated she understands the matter was tabled to prepare negative findings of fact which would result in denial of their request. City CounciFApril 25, 2000 Page 23 of 29