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Regular Planning CommissionMeeting <br />Minutes –Wednesday, June 3, 2015 <br /> <br />Page 4 <br />Member Murphy also agreed with the comments of Chair Boguszewski, opining that with <br />148 <br />the formal action by the City Council, unless there was some subsequent agreement by <br />149 <br />all parties, then that action would need to stand as approved unless some obvious flaw <br />150 <br />was identified. <br />151 <br />Ms. McCormick <br />152 <br />Based on Mr. Paschke’s comments, Ms. McCormickasked if Member Daire would <br />153 <br />consider asking the original question, as it sounded like the issue may be coming back to <br />154 <br />the City Council for clarification. <br />155 <br />Mr. Paschke responded that this may not be the result, as the issue was currently being <br />156 <br />reviewed by the Community Development Director for his determination on the proposal’s <br />157 <br />future.Mr. Paschke advised that, once that determination had been made, written <br />158 <br />correspondence would be provided to the applicant outlining their next steps, and what <br />159 <br />could or could not be done.Mr. Paschke clarified that the issue was not in his hands, but <br />160 <br />he anticipated a decision to be rendered soon. <br />161 <br />Member Daire questioned if this determination would be administrative versus formal <br />162 <br />Commission and City Council action. <br />163 <br />Mr. Paschke responded that, at this point, the formal action had already been taken on <br />164 <br />the IU application as conditioned last year, andhe was unsure whether or not the <br />165 <br />outcome may be for Mr. Bilotta to determine if a more formal setting was required. <br />166 <br />Given the interest expressed by Ms. McCormick and involvement by the Commission, <br />167 <br />Member Murphy asked if Commissioners could be added to thedistribution list for that <br />168 <br />written communication with Vogel Sheetmetal, the applicant. <br />169 <br />Due to privacy issues and the nature of the communication, Mr. Paschke opined that he <br />170 <br />doubted that the Commission or City Council would be copied since it was <br />171 <br />communication directly with Vogel representatives. <br />172 <br />Member Daire agreed with Mr. Paschke that the process seemed appropriate to him <br />173 <br />under those circumstances. <br />174 <br />While understanding the privacy aspect, Member Murphy opined that since the <br />175 <br />communication was dealing with a condition enacted by the Commission and City <br />176 <br />Council, and already acted upon, he questioned what additional action was under review. <br />177 <br />Mr. Paschke clarified that the determination was based on the proposal as already <br />178 <br />submitted, and Mr. Bilotta would be basing his decision on whether that original approval, <br />179 <br />as conditioned, remained valid or whether this modification should be denied if found not <br />180 <br />in compliance with those conditions, or if the proposed alternative was too much of a <br />181 <br />variation from that originalapproval.From his perspective, Mr. Paschke stated that based <br />182 <br />upon City staff’s response to Vogel’s request, it would then be up to them to take <br />183 <br />appropriate action thereafter. <br />184 <br />Member Murphy asked if Vogel’s submission was a public document. <br />185 <br />Mr. Paschke responded that Member Murphy could request a copy of that document, and <br />186 <br />they would advise whether or not it was public or private. <br />187 <br />Even though Community Development Director Bilotta is not present tonight, Chair <br />188 <br />Boguszewski expressed his assurance that this discussion would come to his attention, <br />189 <br />and the Commission would receive a subsequent response from him based on this <br />190 <br />dialogue.Chair Boguszewski opined that, based on staff’s comments, his understanding <br />191 <br />was that the applicant was not seeking an alternative to the condition, which represented <br />192 <br />an entirely different situation from his perspective.Chair Boguszewski asked that Mr. <br />193 <br />Bilotta respond one way or the other, but expressed his confidence that if his <br />194 <br />determination was that more formal action was required rather than an administrative <br />195 <br />approval, the Commission would be aware of that item on an upcoming meeting agenda. <br />196 <br /> <br />