05 - APPROVE MINUTES FROM CITY COUNCIL MEETINGS ON JANUARY 23, 2015 AND FEBRUARY 16, 2015

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Regular Council Meeting February 9, 2015 Page 11 telling him he could do business, he would probably say the same thing. He also said Mr. Godwin had owned up to this and placed the liability for this on the City by saying City staff made a mistake. Mr. Holbert questioned how this could have happened, how they went through the process, moved dirt, forms were printed at the City, that it did not go to P and Z, that it did not go to the Council and it had been going on since June. He asked if someone wanted to answer that. Mr. Godwin said My Dentist is an office and that was on the list of land uses for commercial and that car washes were specifically on the list of land uses. Mr. Napier said those two businesses went to P &Z for platting which required a public hearing, and this particular lot had been platted earlier. Mr. Holbert said he was at the meeting the other day and the Glicks made it perfectly clear that they intend to be able to operate their business at that location. Bruce Carr, 845 42nd S.E. — he said he had six or seven concerns about this project and he would take them to the Planning and Zoning. Mr. Carr said he had an industrial background and this belonged in light industrial. He urged the City Council to put a hold on this project. A Motion to rescind the permit, which was wrongly issued, was made by Council Member Hashmi and seconded by Council Member Lancaster. Mayor Frierson inquired if there were further discussions. Council Member Grossnickle asked about postponing the decision until Council heard from legal counsel. Council Member Hashmi said he understood but that he made a motion and he was going to stick to that motion. City Attorney Kent McIlyar said he would like to give them legal advice in executive session prior to Council voting on this item. Council Member Pickle asked if the suggestion was to send it back to P &Z and Mr. Godwin answered in the affirmative, citing that was what was required by ordinance. Council Member Pickle asked if they had the authority to revoke the permit. Mr. Godwin said it was issued in error, so he could certainly make the argument that it was not a valid permit. Mayor Frierson inquired if construction would have to stop since this did not go through the proper channel. Mr. Godwin said he would have an answer after he heard from the City Attorney. Council Member Grossnickle inquired if the Glicks would be willing to agree to a cessation of work. Mr. McIlyar said if the Glicks were willing to accept a temporary cessation of work on the site until the zoning issue was resolved that would satisfy his concerns. Mr. Glick said they were not agreeable, because of the money they had expended on this project. Council Member Plata asked if they could move Executive Session forward on the agenda. Council Member Hashmi said there was a motion and second on the floor and that needed to be dealt with first. Council Member Pickle wanted to know if they could go into Executive Session prior to taking a vote and Mr. McIlyar said from a parliamentary position that action needed to be taken on the motion or the motion needed to be withdrawn. Mayor Frierson said there was a motion on the floor. Council Member Hashmi restated his Motion that the permit, which was wrongly issued, be rescinded and Council Member Lancaster seconded the motion. Motion carried, 4 ayes — 3 nays, with Mayor Frierson, Council Member Plata and Council Member Pickle casting the dissenting votes.