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9 <br /> Mr. Schilling, referring to the ongoing drainage issues, asked for clarification of <br />the process, and if it is policy to approve more work when there are outstanding issues <br />with a first phase of a project. <br /> <br /> Mr. Tolbert said the project is bonded and construction is not finished. He said <br />the City is adequately covered to have the situation corrected. He said he is not sure <br />Council can evaluate this proje ct based on work elsewhere. He said the drainage <br />programs are not engineering defects, but rather sloppy work. He said no certificate of <br />occupancy will be permanently given until the issues are resolved. <br /> <br /> Mr. Caravati said he will vote against the rezon ing because he does not believe it <br />conforms with the Comprehensive Plan. He said he does not like the zero side yard <br />setback, and has no faith that drainage for phase one or two will work. <br /> <br /> Responding to a question from Mr. Lynch, Mr. Tolbert said the ap plicant can <br />reapply for the rezoning after a year if Council turns it down. Mr. Lynch suggested that <br />the rezoning be deferred. <br /> <br /> Mr. Cox said he does not understand the issue Mr. Caravati has with the side yard <br />setback. He suggested that Council vote in favor of the rezoning, and noted that this <br />developer is one of a number of developers who are fulfilling the vision of infill housing. <br />He asked Council to think about the climate we are trying to create in the City. <br /> <br /> Mr. Schilling asked for a legal clari fication. He said he does not want the project <br />to be delayed a year. He said he shares Mr. Caravati's concern about the zero side yard <br />setback, and likes Mr. Lynch's suggestion to defer, which will give the applicant an <br />opportunity to rework the setbacks . <br /> <br /> On motion by Mr. Lynch, seconded by Mr. Schilling, the rezoning of Madison <br />and Meadow Street was deferred by the following vote. Aye: Mr. Caravati, Mr. Lynch, <br />Ms. Richards, Mr. Schilling. Noes: Mr. Cox. <br /> <br />APPROPRIATION <br />: $189,476.42 - ASSETS FROM CL OSING OF DISTRICT HOME <br />nd <br />(2 reading) <br /> <br /> Mr. Caravati said he will vote against this appropriation because he objects to <br />using money from an investment for operating costs. He said he prefers that the assets go <br />to elderly affordable housing. <br /> <br /> Mr. Schilling agreed with Mr. Caravati and said he also disagrees with the <br />distribution outside of the normal budget process. <br /> <br /> Mr. Lynch suggested that funds be appropriated for JABA's Mountainside and <br />that a case be made for the other appropriations. <br /> <br />