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Councilmember Zimmerman stated that he would agree with holding the an additional· public <br />hearing. He noted that he was somewhat dismayed that they did not include a pa~k",for the <br />number of homes being proposed in the development. <br /> <br />Mayor Gamec stated that development of the property has been discussed numer6us:times and <br />some day a decision needs to be made. He inquired if there was a real [egat Concern to conduct <br />another public hearing. <br /> <br />City Attorney Goodrich replied that he raised the issue as a legal issue-.i~ .He stated that he did not <br />think another public hearing was an absolute legal requirement,-bUt felt the :issue was there. He <br />stated that if the plat was challenged the Court would'look at xvha~ was mailed out and what was <br />published in the newspaper not what everyone knew from. the public hearings. Mr. Goodrich <br />noted that the Council could conduct the public hearing.: <br /> <br />Motion by Councilmember Hendriksen, seconded by Councitmember Zimmerman, to direct staff <br />to schedule a public hearing before the City Council on September 1: I, 2001. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, 'Zimmerman, <br />Anderson, and Kurak. Voting No: None: <br /> <br />Councilmember Kurak noted that ·there are two parks on' the perimeter of the development and <br />there will be park dedication and trail feescollected from the development. <br /> <br />Councilmember Hendriksen stated that the'Council has fought many battles over the density <br />transitioning and except for those residents who are paying a total of $120,000 to $140,000, alt of <br />the rest of the perimeter lots are receiving no transition. The Mayor has said on numerous <br />occasions that the proper time to handle the issue of:density transitioning is at preliminary plat, <br />and he felt that it was incumbent upon the other Councilmembers to address the issue at this <br />time. - <br /> <br />Mayor Gamec replied that they can. disduss the issue further during the public hearing. <br /> <br /> ' Motion by Mayor Gamec, seconded by Councilmember Zimmerman, to table action until the <br /> conclusiOn-of the public hearing held on September l 1. 2001. <br /> <br /> Motion carried~ Voting Yes: Mayor Gamec, Councilmembers Zimmen:nan, Anderson, <br /> Hendriksen, andKurak. Voting No: None. <br /> <br />· Mayor Gamec-mcessed the regular meeting of the City Council meeting at 8:26 p.m. <br /> <br />Mayor Gamec called the regular meeting of the City Council back to order at 8:34 p.m. <br /> <br />City Council/August 28, 2001 <br /> Page 14 of 35 <br /> <br /> I <br /> I <br /> I <br /> <br /> I <br /> <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />