04/27/2015 - Laserfiche WebLink

Home Browse Search

Regular Council Meeting April 27, 2015 Page 5 Mr. Fitzgerald why his client wasn't interest in doing this. Mr. Fitzgerald said it was infringing on his client's peaceful right to his property, his client believed it would decrease his property value, and would interrupt the natural flow of water. Council Member Lancaster said Mr. Humphries' piece of property where the proposed trail was to go was in the flood plain. Mr. Godwin said the City staff had looked at other options and they would not work. He also said if they were going to move forward with the trail project they needed to proceed with condemnation proceedings. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on formation of a joint committee to determine the policies and procedures that were followed with regard to issuance of the permit to Tri -State Company Recycling Depot. Mr. Godwin said he did not have anything new to report. He said he provided the Council with a report a couple of months ago, he provided a two page outline in their agenda packets, which included a timeline. Mr. Godwin said Tri -State asked the City for a nonbinding letter, and that was a direct quote from Mr. Glick, and that staff gave him a nonbinding letter. He also said in that letter, the community development staff said that they thought commercial zoning would suffice for that purpose. Mr. Godwin said when Tri -State bought the property, a building permit was issued, and the City staff quickly realized that was issued in error and that permit was revoked. Mr. Godwin informed Council that the staff that dealt with it was not fully aware of the entire ordinance, but they were now. He said in the future no staff members would be sending those types of letters that imply or give any sort of development rights to anyone, unless the City Attorney reviews that letter and approves it completely. Council Member Hashmi said he was the one who asked to put this item on the agenda after receiving a request from residents of the community. He clarified this item was not a personnel issue as Mr. Godwin indicated in his letter. Council Member Hashmi said it was a question of policies and procedures that were followed in this process and to ensure this does not happen again. He said he knew Mr. Godwin addressed some of these things in his memo, but he would still like to ask the residents if they wanted a committee to determine what procedures were followed. Council Member Hashmi said they follow open government and transparency and if something is learned by a committee that would help the City to avoid future issues such as this, he was for it. Council Member Hashmi asked if they could receive public comment and Mr. Godwin said it was not a public hearing, but Council could make that decision. Mayor Frierson said it was for discussion and action, but not posted for public comment. Council Member Pickle inquired about what a committee would be able to add to this. Council Member Hashmi said he thought the request was reasonable if it satisfied the community to go through a process. Mayor Frierson asked Ken Kohls if he would like to speak as he was the one who suggested the committee.