Laserfiche WebLink
Councilmember Anderson questioned that the property has not already been rezoned. <br /> <br />City Attorney Goodrich stated no. He explained that the sixty days rule states <br />must either approve or deny a request. A motion which fails is not saying <br />Mr. Goodrich inquired if the Council had any interest in extending the deci: <br /> <br />30 <br /> <br />Council <br /> <br />Councilmember Anderson inquired if there was anything that <br />that 30 days. <br /> <br />sing to do' <br /> <br />Dale Jensen, Attorney representing ACCAP, replied that <br />accomplished in the 30 days. The hope was that there <br />the City and ACCAP. <br /> <br />Motion by Councilmember Anderson to table action for 30 <br /> <br />not sure 'as to what would be <br />additional discussions betw <br /> <br />Motion failed for lack of a second. <br /> <br />Councilmember Hendriksen inc <br /> <br />s of Facts support <br /> <br />denial. <br /> <br /> City Attorney Goodrich replied drafted to'support denial. <br /> <br /> Councilmember Zimmerman inquired legislature four fifth vote <br /> requirement to rezone property or the He it appears as if the sixty day <br /> rule is a way to rezone property. <br /> <br /> City Attorney Goodrich rePhed that generallyi'~,:~e apphcant is happy when the Council goes <br /> beyond the'60 days, because then the action is atSP~0~ged. <br /> <br /> coun'~il~ember Zimme~'~,.,-stated ~,that~,::~?'a sense then three out of the five of the <br /> i "~ ,~,'~ '~ -~ .~;': ~-::i:/C. '~<?~1~:"!~ <br /> Counmlmembers eon. determine'zonmg?}~?r than the customary four out of five. <br /> <br /> ,~¢r~'i:'~:Ci~' :Attorney Goodrich explained that the City has extension through the evening to make a <br />,,~;/i?:~';"d~ci'Sl6n and ACCAP i~'::~ff~rin~?n additional 30 days. <br /> Councilmerhber~Hendriks~ii:~tuired as to what would happen if the Council failed to take action <br /> dunng the meeting. . <br /> <br /> City Attorney,G~0drich replied that the action would be approved tomorrow. <br /> <br /> ..Councilmember Hendriksen stated that a legislature has required that a four fifth vote is needed <br /> 'fora rez0ning, but they are required to deny it also so those who refuse to deny it can circumvent <br /> the .intention of State Statue by forcing the approval by forcing the default. <br /> <br /> City Council/February 27, 2001 <br /> Page 13 of 22 <br /> <br /> <br />