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Regular City Council Meeting <br />October 13 , 2003 <br />Page 3 <br />Mayor Fendley asked City Attorney Schenk, as there is an action item, upon <br />which the Planning and Zoning Commission had a recommendation, and asked <br />if the City Council needed to act on that. City Attorney Schenk advised that <br />the City Council should deny the variance. <br />Mr. Chamey wanted to verify that they do have the capability to go ahead and <br />visit with the City Engineer relevant to this particular issue and come back with <br />a renegotiation. City Attorney Schenk advised that if he was still seeking the <br />variance from the ordinance for having to install the curb and guttering, then <br />they really need to go forward and consider that matter tonight, because the <br />City Engineer does not have the authority to grant a variance. Mr. Chamey <br />advised that he was suggesting that they come back with a different scenario <br />relevant to the curb and gutter issue. Mr. Chamey said he was asking for a <br />postponement of this issue. City Attorney Schenk explained that is something <br />that the City Council cannot do because the state law provides that an <br />application for a Plat must be acted on or denied within 30 days. The City <br />Council needs to take action on that matter this evening, but it does not keep <br />him from coming back and seeking approval of the variance at a later time. <br />Shawn Napier, City Engineer, came forward stating that one thing they could <br />do is approve the Preliminary Plat, because as it stands, Mr. Chamey is still <br />responsible for building the curb and gutter. Mr. Napier said the Council could <br />deny the variance and approve the Preliminary Plat and Master Plat of the Paris <br />Retirement Village. <br />After discussion, a motion was made by Councilman Bell, seconded by Mayor <br />Pro Tem McCarthy, to table action on granting a variance for curb and gutter <br />of the aforesaid Subdivision Ordinance, to the development of Lot 2, City <br />Block 308, being located in the 1400 Block of W. Washington Street. The <br />motion carried 6 ayes, 0 nays. <br />A motion was made by Councilman Bell, seconded by Councilwoman Neeley <br />for approval of the Preliminary Plat and Master Plat of Paris Retirement <br />