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Regular City Council Meeting <br />Monday, March 22, 2010 <br />Page 14 <br />Roll Call <br />Ayes: Roe; Pust; Ihlan; and Johnson. <br />Nays: None. <br />Mr. Lloyd sought specific direction for staff in providing additional information; <br />with Councilmembers requesting more study on why a Conditional Use couldn't <br />be considered; clarification of whether a Comprehensive Plan Amendment was <br />indicated since the zoning was inconsistent with Comprehensive Plan; legal pers- <br />pectives on whether a temporary change to the Zoning Code to permit this was <br />advisable when the entire Code would ultimately be rewritten, and ramifications <br />ofcreating anon-conforming existing use. <br />Acting Mayor Johnson thanked the applicant for their patience; assuring them that <br />the goal was the best result for them and the City. <br />d. Consider Acquisition of Portions of a Property Located at 1885 -1915 Coun- <br />ty Road C West <br />Economic Development Associate Jamie Radel briefly summarized the RCA <br />dated March 22, 2010 for Council consideration due to timing constraints of the <br />DEED grant stipulations that the City must incur costs prior to December 31, <br />2010. <br />At the request of Councilmembers, Ms. Radel clarified the specific portions of the <br />property needed to complete Phase II improvements (sidewalks and other ameni- <br />ties), and those areas for right-of--way acquisition and those for temporary con- <br />struction easements. <br />Roe moved, Pust seconded, adoption of Resolution No. 10798 entitled, "Resolu- <br />tion Approving the Acquisition of Property for Improvement to Twin Lakes <br />Parkway and Prior Avenue;" approving the acquisition of property at 1885 - 1915 <br />County Road C West for utility and road improvements associated with the Twin <br />Lakes Phase II Infrastructure Project. <br />Roll Call <br />Ayes: Roe; Pust; Ihlan; and Johnson. <br />Nays: None. <br />e. Consider the Request 6y Riaz Hussain to Amend CONDITIONAL USE to al- <br />low Parking adjacent to Autumn Street to remain at 1901 Lexington Avenue <br />(PF10-002) <br />Mr. Lloyd provided a brief summary of the RCA dated March 22, 2010. <br />Discussion among staff, Councilmembers, and City Attorney Beckman included a <br />legal counsel review of this specific Conditional Use Permit and enforcement of <br />nonconforming conditions based on case law and based on the effect of the pre- <br />