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Session 1935 <br />September 27, 2004 <br /> <br />MSD has approved the specifications. He asserted that since requirements have been <br />met, the decision by Council is "not a discretionary act" and the reason for being here <br />tonight is to obtain approval from the Council for the project. <br /> <br />Mr. Wagner said some citizens believe there have been procedural errors made in <br />bringing this matter before the Plan Commission, which are serious concerns and <br />procedures and these matters should be reviewed and addressed within the context of <br />the Municipal Code. He admonished the Council to reply to these charges to make sure <br />procedures have been legitimate in the total context of the Municipal Code. He said "... <br />some of the City staff, in going through this procedure, had apparently neglected the <br />intents and purposes stated in the subdivision section of the Municipal Code; Section <br />1604, which states the development of land is to be utilized in conjunction with the <br />Zoning Code to ensure the development promotes the convenience and general welfare <br />of residents." He maintained most residents there do not believe the procedures <br />followed have done that. He also cited the statement that the intent of subdivision in <br />University City is to protect and conserve the value of nearby homes and to minimize <br />any adverse impact on adjoining properties. Neighbors do not believe this has been <br />accomplished either. <br /> <br />He continued by saying that when the applicant submitted a revised plat and water <br />drainage plan, the residents were not advised until a couple of days prior to the meeting <br />and they asked for an extension, something they were entitled to do, legally. An <br />extension resulting from the revised plat at the August meeting did not occur, Mr. <br />Wagner advised, and then he quoted the part of the Code which said this measure shall <br />apply. Mr. Wagner said these are legitimate legal questions about the procedures <br />implemented by City staff and asked the City Manager to ask the City Attorney to review <br />these matters and address these specific points. <br /> <br />Then he moved to table this issue so that the Council can continue its consideration of <br />the application until these specific legal clarifications are brought to the Council for study <br />and consideration. Ms. Welsch seconded. <br /> <br />Ms. Brot added a comment about damage to trees from water run-off and about <br />construction issues. Water drainage and sewage problems need to be examined <br />further, she believes, in addition to the matters raised by Mr. Wagner. She <br />recommended an additional study of water flow conditions and how it will affect <br />property, sewers, and trees. <br /> <br />Ms. Welsch commended Councilmember Wagner for his research efforts relating to this <br />matter and commented that the Council needs to keep in mind the City's <br />comprehensive plan and how it relates to these issues. She supports Councilmember <br />Wagner's position. <br /> <br />The motion to support Councilmember Wagner's proposal to table this matter in order <br /> Page 10 <br /> <br /> <br />