Agenda - Council - 09/10/1984 - Laserfiche WebLink

Home

Motion by Commissioner Hendriksen and seconded by Commissioner Johnson to take a straw vote of the Planning Commission regarding their readiness to proceed on the matter of Waste Management's application for conditional use permit. Further Discussion: Chairman Peterson inquired if the straw vote will include giving Staff direction to prepare findings of fact that will Justify the straw vote or is it Commissioner Hendriksen's intent to have P&Z proceed to prepare the findings of fact for adoption tonight? Mr. LeFevere stated that findings of fact should be taken seriously and courts have ruled, in some cases, that a superficial findings is an arbitrary decision. Mr. LeFevere stated that the Commission has now identified several matters on which it would like additional information. Mr. LeFevere stated that it would be appropriate, if the Commission wishes, to secure that information before making a decision. Mr. LeFevere continued that if a majority of those voting have decided: and will vote that way no matter what the additional information is, then that is the context that this decision should be made in. Corm~issioner Deemer stated that if the Commission proceeds to prepare and adopt findings of fact, the Commission's earlier requests for additional information are useless because findings resulting from that additional information cannot be added after the findings of fact have been adopted. Commissioner Hendriksen stated that P&Z's scope is limited; we have taken public input and heard some expert testimony; purpose of the motion was to determine whether or not this panel is ready to proceed. Chairman Peterson inquired if the motion will direct City Staff to prepare findings of fact for Commission review on August 7, 1984 or does the motion intend for P&Z to prepare findings of fact this evening. Co~mnissioner Hendriksen replied that P&Z has not given Staff any specific direction tonight. Mr. LeFevere stated that in a sense, that direction has not been provided. Mr. LeFevere stated that he does not want to urge the Commission to act on this prematurely if there is additional information the Commission could do this time is draft needed; one thing at a major list of concerns you want to have findings on which could be presented back to you at your next meetin~ along with anything Council gives you for additional information. Mr. LeFevere stated that if the Cot, mission wants to make a decision tonight, that is their perrogative; if they do or don't, Staff wants reasons. Commissioner Hendriksen repeated his motion as polling the Commission regarding whether or not the members feel they have enough information to proceed with drafting the findings of fact this 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 proceed with development of findings of fact and of process taking action. Chairman Peterson called for a roll call vote: Commissioner Kennen - Aye Commissioner Zimmerman - Aye Commissioner Deemer - Naye P & Z/July 3, ~ 84 Page 14 of 19