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Regular Planning Commission Meeting Minutes – Wednesday, August 5, 2015 Page 2 expiring shortly, and was being held up pending several conditions yet to be completed 46 by the Vogel Company (e.g. fence installation). 47 At the request of Chair Boguszewski, Community Development Director Paul Bilotta 48 responded that the City’s Building Official typically sets a date based on when they think 49 work can be completed. However, Mr. Bilotta noted that it was not unusual for the 50 Certificate of Occupancy to be extended if completion of the work was out of the control 51 of the applicant (e.g. weather related or third-party contractor or subcontractor 52 schedules). In the case of the Vogel Certificate of Occupancy, Mr. Bilotta advised that the 53 issue was not of a statutory nature, but was a case of waiting for private utility companies 54 to address a buried cable (CenturyLink) and overhead electrical lines (Xcel Energy); and 55 noted that Vogel was diligent working with those private firms to resolve the delays. Mr. 56 Bilotta advised that from a staff perspective, they had no concerns that the work would be 57 completed, whether by the deadline of August 16, or shortly thereafter. Mr. Bilotta 58 advised that while the private utility companies were notoriously slow to respond, he was 59 aware that a surveyor had been sent out by CenturyLink recently, so progress was 60 continuing. 61 Chair Boguszewski asked that staff provide an update at next month’s meeting on this 62 issue; advising that if the delay is due to legitimate reasons it was understandable; 63 however, if the owner was delaying progress, it was of concern to the Commission. 64 Mr. Bilotta noted that the Vogel Company had received a bid on the fence; opining that 65 they were as anxious as staff and the Commission to resolve these outstanding issues. 66 Mr. Bilotta advised that staff would send an e-mail update to the Commission as 67 additional information became available between now and the next Commission meeting. 68 5. Public Hearings 69 Chair Boguszewski reviewed the protocol for public hearings and subsequent process. 70 MOTION 71 Member Boguszewski moved, seconded by Member Bull to approve amendment of 72 tonight’s agenda to hear Planning File No. 15-010 before the remaining cases. 73 Ayes: 7 74 Nays: 0 75 Motion carried. 76 a. PLANNING FILE No. 15-010 77 Request by Art Mueller for approval of a PRELIMINARY PLAT of property 78 addressed as 2201 Acorn Road 79 Chair Boguszewski opened the public hearing for Planning File 15-010 at approximately 80 6:40 p.m., noting this hearing had been continued from the July 1, 2015 meeting and 81 tabled at that time; with subsequent withdrawal by the applicant of that application. Based 82 on that withdrawal, Chair Boguszewski sought formal action by the body to officially close 83 the public hearing for Planning File No. 15-010; noting that a new application had been 84 submitted by the applicant and will be heard in the future as a new and separate case. 85 MOTION 86 Member Boguszewski moved, seconded by Member Cunningham to CLOSE the 87 public hearing for Planning File 15-010: Request by Art Mueller for approval of a 88 PRELIMINARY PLAT for property addressed at 2201 Acorn Road, due to 89 withdrawal of the application by the applicant. 90 With Member Bull noting the timing for an open house for the new case and public 91 hearing if scheduled for September, Mr. Paschke clarified that the timeframe for those 92 events applied to when the application was actually submitted, in accordance with current 93 City Code provisions. 94