Agenda - Council - 11/26/2024 - Laserfiche WebLink

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Councilmember Riley stated that Staff is recommending that they do not change this, and that the ordinance is well written as it is. Councilmember Musgrove shared her concern that the communication with Staff is between them and the person who is filling out the application and not the owner of the property. She noted this would make the property owner liable for something that the applicant agrees to with the City without any knowledge of this. She asked if the way this ordinance is currently set up protects the property owner against the decisions made by the applicant. City Attorney Knaak said this would not be a liability issue as far as the City is concerned. He noted that whatever misrepresentations occur would be between the property owner and the applicant. He shared that there is nothing wrong with the City following up with questions for the property owner. He reiterated that the City would not be liable for any misrepresentations that occur; however, Staff could end up investing time into something that was not valid. Councilmember Musgrove asked how much disclosure Staff asks for at these meetings. City Administrator Hagen shared that he thinks they are blurring lines of risks that are not likely to occur. He shared the reality that a lot of residential applications come in from property owners. He said if an application comes in from someone other than the property owner, they are having a lot of early discussions with the property owner and the applicant. He stated he had never experienced an application where the applicant did not have the support and direction of the property owner. He reiterated that the property owner has to sign the applicant; therefore, making the risk fall on them. Councilmember Howell shared that this discussion has been super helpful as it has given her clarity that she did not have before. She said she is comfortable with where this is. The consensus of the Council was to not make any changes to the current ordinance in regard to non-owner applicants on residential variances applications. 2.07: Discuss Charter Commission Recruitment City Administrator Hagen reviewed the Staff report in regard to Charter Commission recruitment. He shared that all four current members have requested reappointment. The consensus of the Council was in support of these reappointments. 2.08: Determine Canvassing Board Date City Administrator Hagen reviewed the Staff report concerning setting the Canvassing Board date. Councilmember Musgrove suggested they schedule this before the Parks and Recreation Commission meeting on November 14. City Council Work Session / October 22, 2024 Page 13 of 15