City Council Agenda and Packet 2015 05 19

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City Council Meeting Minutes May 5, 2015 Page 22 of 33 Council member Keany stated his understanding some events beneficial to the community have been required to pay large fees. He suggested there be a way to waive fees for certain events. Public Relations Manager Muth explained through the current process there is a $200.00 fee, but there is also a process to charge back for police time. Staff is looking at doing that equitably across all the different events. Council member Keany stated some of the organizations have put on the events the City could not afford to finance. He asked if the City was willing to take on the cost of those events. City Attorney Light explained the ordinance does not establish the fees. Fees will be set by the City Council. Mayor Muckle called for public comment and hearing none closed the public hearing. COUNCIL COMMENTS Council member Leh stated his understanding if the Deputy City Manager denies a request the applicant has a right to file a written appeal to the City Manager. But if the City Manager conducts a hearing and denies the request, what is the applicants' recourse. City Attorney Light explained under the ordinance there is no further administrative appeal within the City. The applicant may file his appeal to challenge the decision of the City Manager in the District Court. He explained there is no administrative challenge through the City Council. The time periods are short to advise the applicant so the appeal will be heard in a timely manner. Council member Leh asked City Attorney Light if this type of structure was typical in other municipalities or are there any City Council appeal processes. City Attorney Light explained in communities the size of Louisville, mid -sized or larger communities it is typically an administrative process through the City Manager or County Manager's office or their designee. In small municipalities they generally have a right to appeal to the elected officials. MOTION: Mayor Muckle moved to approve Ordinance No. 1689, Series 2015 on second and final reading, seconded by Mayor Pro Tem Dalton. Roll call vote was taken. The motion carried by a vote of 7 -0. RESOLUTION No. 28, SERIES 2015 — A RESOLUTION DENYING A REZONING, FINAL PLAT, FINAL PLANNED UNIT DEVELOPMENT (PUD), AND SPECIAL REVIEW USE (SRU) FOR THE REDEVELOPMENT OF A 3.9 ACRE PROPERTY WITHIN THE CORE PROJECT AREA OF THE HIGHWAY 42 REVITALIZATION AREA. THE REDEVELOPMENT INCLUDES THE ADDITION OF APPROXIMATELY 19,308 — 23,000 SQ. FT. OF COMMERCIAL SPACE Mayor Muckle made the following introductory comments: "This is a public hearing on a land development application for Delo Plaza at 1055 Courtesy Road. The applicant 53