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

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Chairman Peterson - Abstain Commissioner Johnson - Aye Commissioner Hendriksen - Aye Commissioner LaDue - Aye Motion carried. Motion by Commissioner Deemer and seconded by Commissioner Hendriksen for a recess. ! ! Motion carried. Voting Yes: Chairman Peterson, Commissioners Kennen, Zimmerman, Deemer, Johnson, Hendriksen and LaDue. Voting No: None. The Co~mission recessed at 10:00 p.m. Chairman Peterson called the meeting back to order at 10:20 p.m. Commissioner Hendriksen stated that_his motion passed to proceed with development of findings of fact; this does not imply that the Commission will adopt those findings of fact this evening. Mr. LeFevere stated that he suggested during recess that the Commission may want to consider going back into a typical procedure in which somebody makes a motion to direct Staff to prepare findings of fact,either denying or approving, and justification for. Motion by Commissioner Deemer to direct City Staff and Attorney to prepare findings of fact as complete as possible for Planning and Zoning to act on, to which P&Z may add, delete or modify. Motion fails for lack of a second. Motion by Commissioner LaDue to poll the Planning and Zoning Commission for the purpose of determining the majority consensus of Commission in either approving or denying the application of Waste Management for a conditional use permit and, depending on the outcome of the poll, directing Staff to draft the necessary findings of fact. Commissioner Hendriksen seconded the motion for further discussion. Further Discussion: Commissioner Deemer stated that the Commission cannot preclude the findings of fact with a conclusion made ahead of them; facts cannot be based on thoughts and opinions. Commissioner LaDue replied that a fact may support a motion to approve or support a motion to deny; select what facts you feel support your decision. Commissioner Deemer stated that facts have to be unbiased and opinions drawn from them. Commissioner LaDue stated that judges make decisions every day and draft facts to support their decision. Commissioner LaDue stated that he sees no reason why the Commission can't do the same; every time P&Z meets, Staff has drafted sample findings of fact and the Commission either agrees, disagrees or amends. Commissioner LaDue stated that he is not qualified to state what the actual facts are; Staff is in a better position to do so but they need some direction from the Commission. Commissioner LaDue added that he is only looking for a majority preference at this time; P & Z/July 3, 1984 Page 15 of 19