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I I i I i I I I i I I ! I I I I Chaikman Peterson - Abstain C~mm~ssioner Johnson - Aye ~mm~ssioner Hendriksen - Aye ~mm~sstoner LaDue - Aye Motion ~ ca'tied. Moti°m by~ Commissioner Deemer and seconded by Commissioner Hend~iks~n for a recess. Moti°n~i c~rried. Voting Yes: Chairman Peterson, Commissioners Kenne~, Zimmerman, Deemer, Johnson, Hendriksen and LaDue. Voting No: Nong. The Commission recessed at 10:00 p.m. Chaii~mani iPeterson called the meeting back to order at 10:20 p.m. Commis?si~ner Hendriksen stated- that. his motion passed to proceed with '.d, evglopment of findings of fact; this does not imply that the C~ssion will adopt those findings of fact this evening. Mr. L~Feyere stated that he suggested during recess that the Comm!s~si~.n may want to consider going back into a typical proced, ure~ in which somebody makes a motion to direct Staff to prepare f, indings of fact,either denying or approving, and justif~ic~tion for. MotiOn b~ Commissioner Deemer to direct City Staff and Attorney to p,repa~e findings of fact as complete as possible for Planning and Zdnigg to act on, to which P&Z may add, delete or modify. Motion f~ils; for lack of a second. Moti~n~ b~ Commissioner LaDue to poll the Planning and Zoning CommiSsiOn for the purpose of determining the majority consensus of C~,mmi.,~sion in either approving or denying the application of Wa~te Management for a conditional use permit and, depending on th% o~tcome of the poll, directing Staff to draft the necessary findings of fact. Comm£Ssi~ner Hendriksen seconded the motion for further discussion. Further )iscussion: Commissioner Deemer stated that the Commission cannot ; ~eclude the findings of fact with a conclusion made ahead.o~ them; facts cannot be based on thoughts and opinions. Comm,tSsJ ~ner LaDue replied that a fact may support a motion to approve ~r support a motion to deny; select what facts you feel support ~our decision. Commissioner Deemer stated that facts have t.o be unbiased and opinions drawn from them. Commissioner LaDuei. st~ted that judges make decisions every day and draft factslto! support their decision. Commissioner LaDue stated that he sees no reason why the Commission can't do the same; every time the LaDue ~ st factls~ ar some~ ~ir thati he' meets, Staff has drafted sample findings of fact and [ssion either agrees, disagrees or amends. Commissioner ~ted that he is not qualified to state what the actual ; Staff is in a better position to do so but they need ~ction from the Commission. Commissioner LaDue added .s only looking for a majority preference at this time; P & Z/July 3, 1984 Page 15 of 19