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Minutes of the Special Meeting of Council <br />Monday,?January 9, 2017 <br />Page 7 <br />Mr. Marquardt stated, all right, so we are not stopping them. We just need to say yes or <br />no. <br />Council President Saponaro stated, right. Exactly. That is true. We are not stopping the <br />process. <br />Chief Carcioppolo <br />Again, I would just like to address everyone that there were a lot of different points <br />brought up by the residents but I would like to again emphasize that even though the law <br />does permit the 100 foot distance from the structure, I cannot advise anyone here that it is a <br />good idea to put an assisted living facility with 52 beds within 100 foot proximity and will <br />go further to say that there are provisions of the law that won't let a new building be built <br />within 200 feet of an existing well unless the. property owner agrees to do that in an <br />urbanized area. With the property owner being a controlling interest, he can choose to do <br />that in an urbanized area. I am not opposed by any means. I do just want to emphasize the <br />importance of a gas well having proximity to a structure such as that one. That's another <br />concern to think about. Potentially if it were to go forward, my recommendation would be <br />that the gas well should be capped. <br />Mr. Diemert stated, but that is discussion again at the Development Agreement time and <br />plan time. It's really not the issue now. We can mandate conditions to any use variance. <br />Mr. Mills stated, what the problem is when Judge Krenzler did his rezoning he was very <br />diligent in what he did. He presented everything to us. We knew exactly where he was <br />coming from, what he was going to do and how it was going to happen. We have too many <br />unknown things right now. I understand the process. If we don't give them the ability to <br />go before the electorate, they are going to go get petitions and put it on the ballot anyway <br />and they will probably get enough people to sign the petition to put it on the ballot. Are <br />we risking a lawsuit in the process of this? It's going to cost us maybe a lot of money. I <br />am not for this building. I don't like the concept. I think the suites are too small. I would <br />not want to live in a little place like that. It's not as big as one of my smallest bedrooms. I <br />am not really in favor of it, but we have to use our common sense on this. 'They are going <br />to pursue it one way or the other. Let's try to do this as diligently as we can. <br />Council President Saponaro asked, anyone else? <br />There were no further comments. <br />ROLL CALL: AYES: Mills Motion Carried <br />NAYS: Jerome, Marquardt, Marrie Ordinance Failed <br />Parker, Saponaro, Williams