Agenda - Council - 04/09/2002 - Laserfiche WebLink

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-44- rule closely and address the issue closely if the votes come out a tied vote. Councilmember Anderson inquired if a tie vote to either approve or disapprove constitute a final vote. City Attorney Goodrich replied that it would constitute a final vote after the appropriate information is included in the record. Councitmember Zimmerman inquired if State law was set-up to approve a tie vote. City Attorney Goodrich replied no, explaining that it was put in place to force cities to take action in a timely fashion. Councilmember Anderson stated that if they have a tie vote to deny it is still a final action so the 60-day rule would not apply. City Attorney Goodrich replied that that was correct. Councilmember Anderson stated that there are some issues in government that if a decision is made it cannot be reversed for a year, she inquired if that was the case with comprehensive plan amendment. City Attorney Goodrich replied that there was nothing in the City ordinance that would prevent the property owner from making another request. Councilmember Hendriksen inquired if there are any further applications will the City charge the appropriate fee. City Attorney Goodrich replied that that is the City's responsibility Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Zimmerman, and Anderson. VotingNo: None. Abstained: CouncilmemberKurak. Richard t<hx~eger stated that Councilmember Hendriksen stated that there were no protections in place for the neighbors to the north but at one time there was a 90~foot easement as well as wetlands. Councihnember Hendriksen replied that some of the residents would not want to see 15 units or more per acre adjoining their property. If all of the residents are in favor then it is not an issue. He stated that he did support a higher use for the property, but there are no protections in place for the existing residents at this time. Mayor Gamec recessed the regular meeting of the City Council at 9:18 p.m. Mayor Gamec called the regular meeting of the City Council back to order at 9:24 p.m. Kurak Property II (North and South of Sunwood Drive) Principal Plmmer Trudgeon stated that the City received a request to change the land use from Low Density Residential to a combination of Medium Density and Low Density Residential. The Planning Commission recommended that the land use remain as Low Density Residential on a 5-1-1 vote. Mayor Gamec stated that he felt a plan is very important for the development of the property. He stated that it had been discussed that the property will probably be developed as a mixed development, but it is very difficult to act on the property without seeing a proposed project. He stated that he would like to see the residents work with the property owners and bring back a recommendation to the City Council. City Council/February 26, 2002 Page 20 of 35 I ! I I I I I I I I I I I I I I I I I