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rezone property in Section 25 from R-1 Urban Residential to R-3 Urban Residential to <br />accommodate the ACCAP housing project. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Zimmerman, and <br />Anderson. Voting No: None. Abstain: CouncilmemberConnolly. <br /> <br />Community Development Director Frolik inquired if the Findings of Fact still support <br />introduction of the ordinance. <br /> <br />City Attorney Goodrich replied yes, explaining that the Council could still move forward with <br />the introduction of the ordinance, but would need to move forward with a minor arnendment to <br />the current Comprehensive Plan. <br /> <br />Motion by Councihnember Anderson, seconded by Councilrnember Hendriksen, to introd ucc ~m <br />ordinance to rezone property in Section 25 from R-1 Urban Residential to R-3 Urban Rc$iclcnlia~i <br />to accommodate the ACCAP housing project. <br /> <br />Motion failed. Voting Yes: Councilmernbers Anderson. Voting No: Mayor Garnet. <br />Councihnembers Hendriksen, and Zimmerman. Abstain: Councilmember Connolly. <br /> <br />Councihnember Hendriksen inquired if failure to introduce the ordinance automatically means a <br />denial to the request. <br /> <br />City Attorney Goodrich replied that he will need to get further clarification before answering that <br />question. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to deny, <br />based on the findings of fact, the request to rezone property in Section 25 from R-1 Urban <br />Residential to R-3 Urban Residential to accommodate the ACCAP Housing project. <br /> <br />Further discussion: Mayor Gamec inquired if Council denies the request, can the issue be <br />brought up at a later date. City Attorney Goodrich replied that if the request is denied then there <br />would have to be another application made and that cannot be done for one year if they make an <br />application for the exact same project. He noted that he will need clarification that if a rezoning <br />is not introduced if that applies as a denial. Councilmember Hendriksen stated'that under state <br />law if a Council fails to take action within 60 days of the application date it becomes an <br />automatic, he inquired as to what happens if the Council is deadlocked on a decision and they <br />can't move forward. City Attorney Goodrich replied that he would need further clarification. <br />Councihnember Hendriksen inquired as to when the 60 days is up. City Attorney Goodrich <br />replied December '[7, 2000. Councilmember Hendriksen inquired if the Council can invoke the <br />60-day extension. Community Development Director Frolik replied yes. Consensus of the <br />Council was to invoke the 60-day extension. City Attorney Goodrich stated that for legal <br />purposes he would suggest that the motion be withdrawn. <br /> <br />City Council/November 28, 2000 <br /> Page 14 of 21 <br /> <br />-35- <br /> <br /> <br />