Agenda - Council - 12/12/2000 - Laserfiche WebLink

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rezone property in Section 25 from R-1 Urban Residential to R-3 Urban Residential to accommodate the ACCAP housing project, 3Motion candied:_- .¥9_t_ipg_~es: Mayor Gamec, Councilmembers Hendriksen, Zimmen'nan, Anderson, and Connotly. Voting No: None. Community Development Director Frolik inquired if the Findings of Fact still support 'introduction of the ordinance. City Attorney Goodrich replied yes, explaining that the Council could still move forward with the introduction of the ordinance, but would need to move forward with a minor amendment to the current Colnprehensive Plan. Motion by Councilmember Anderson, seconded by Councilmember Hendriksen, to introdnce an ordinance to rezone property in Section 25 fi'om R-1 Urban Residential to R-3 Urban Residential to accommodate the ACCAP honsing project. Motion failed. Voting Yes: Councihnembers Anderson. Voting No' Mayor Gamec, Councilmelnbers Hendriksen, and Zimmerman. Abstaining: Councilmember Commlly. Councihnember Hendriksen inquired if failure to introduce the o~;dinance automatically means a denial to the request. City Attorney Goodrich replied that he will need to get further clarification before answering that question. Motion by Councihnember Hendriksen, seconded by Councilmember Zimmerman, to deny, based on the findings of fact, the request to rezone property in Section 25 from R-1 Urban Residential to R-3 Urban Residential to accommodate the ACCAP Housing project. Further discussion: Mayor Gamec inquired if Council denies the request, can the issue be bronght up at a later date. City Attorney Goodrich replied that if the request is denied then there would have to be another application made and that cannot be done for one year if they make an application for the exact same project. He noted that he will need clarification that if a rezoning is not introdnced if that applies as a denial. Councilmember Hendriksen stated that under state law if a Council fails to take action within 60 days of the application date it becomes an automatic, he inquired as to what happens if the Council is deadlocked on a decision and they can't move forward. City Attorney Goodrich replied that he would need further clarification. Councilmember Hendriksen inquired as to when the 60 days is up. City Attorney Goodrich replied December 17, 2000. Conncilmember Hendriksen inquired if the Council can invoke the 60-day, extension. Community Development Director Frolik replied yes. Consensus of the Council was to invoke the 60-day extension, City Attorney Goodrich stated that for legal proposes he would suggest that themotion be withdrawn. -108- City Council/November 28, 2000 Page 14 of 21 I I I I I I I I .I I I I I I I I I I I