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Motioniiby~Commissioner Hendriksen and seconded by Commissioner Johns0~ tS take a straw vote of the Planning Commission regarding theiri~ea~iness to proceed on the matter of Waste Management's appliCati~n for conditional use permit. Further DSscussion: Chairman Peterson inquired if the straw vote will tncl~de giving Staff direction to prepare findings of fact that wlllljustify the straw vote or is it Commissioner Hendriksen's intent i'tolhave P&Z proceed to prepare the findings of fact for adopti6n tonight? Mr. LeFevere stated that findings of fact should~beitaken seriously and courts have ruled, in some cases, that a!~superficial findings is an arbitrary decision. Mr. LeFevere statedi, th~t the Commission has now identified several matters on which it would like additional information. Mr. LeFevere stated that it wpuld be appropriate, if the Commission wishes, to secure that i~fo?mation before making a decision. Mr. LeFevere continued that if a!majority of those voting have decided, and will vote that way Do matter what the additional information is, then that is the context that this decision should be made in. Commissioner Deemer~ist~ted that if the Commission proceeds to prepare and adopt, findings of fact, the Co~mission's earlier requests for addi~ibna~ information are useless because findings resulting from 'that~ additional information cannot be added after the findings of fact have been adopted. Commissioner Hendriksen stated'tSar P&Z's scope is limited; we have taken public input and he~r~ some expert testimony; purpose of the motion was to dete~n~ whether or not this panel is ready to proceed. Chaiz~an Peterson inquired if the motion will direct City Staff to prepare findings of fact for Commission review on August 7, 1984 Or lees the motion intend for P&Z to prepare findings of fact ~hi, evening. Commissioner Hendriksen replied that P&Z has n6t ~iven Staff any specific direction tonight. Mr. LeFevere stated t~at in a sense, that direction has not been provided. Mr. LeFe~ere stated that he does not want to urge the Commission to ae~ o~ this prematurely if there is additional information needed; 6ne thing the Commission could do at this time is draft a major list of concerns you want to have findings on which couldlbe presented back to you at your next meeting along with anythim§ Council gives you for additional information. Mr. LeFevere stated that if the Corm~ission wants to make a decision tonight, that is their perrogative; if they do or don't, Staff wants~re~sons. Commissioner Hendriksen repeated his motion as polling ~he Commission regarding whether or not the members feel theylhav9 en'ough information to proceed with drafting the findings of fact ~his evening. Chairman Peterson stated that the findings of fact must be legally sound and preparing them without the additional information previously requested, could make them not so. Chairman Peterson repeated the motion: To cease discussion and proc%ed with development of findings of fact and process of taking a~tion. Chairman!Peterson called for a roll call vote: Com~_issioner Kennen - Aye Commissioner Zimmerman - Aye Com~ssioner Deemer - Naye P & Z/July 3, ~ 84 Page 14 of 19