Minutes - Council - 03/12/2002 - Laserfiche WebLink

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City Attorney Goodrich replied that if the Council is unable to take any affirmative action then it will be declared as final action, which is all they could do. Councihnember Anderson inquired if the motion were to fail because of a tie vote, was the City Attorney stating that there is no final action. City Attorney Goodrich replied that he was saying that the action would fail on a tie vote and it would be the Council's final action. He believed that the court would find that the Council did take final action within the 60-day guidelines. Councilmember Hendriksen stated that if Ms. Anderson is concerned about the possibility of litigation, the matter could be clarified if she voted to deny the request, which would eliminate the chance of a lawsuit. Mr. Hendriksen stated that the Council passed a Comprehensive Plau some months ago under a hasty decision, and the City has a procedure in place for amending the Comprehensive Plan, which includes the applicant paying for the costs and the requirement of certain documents. A number of those requirements were not complied with for the application. He understood the history, but did not agree with it. He stated that he would be voting against the amendment, but had the proper procedures been followed so that he had a better idea of what were to occur on the property, the vote could have been different. Motion by Mayor Gamec, seconded by Councilmember Anderson, to adopt a resolution approving an amendment to the Comprehensive Plan and authorizing City staff to submit the Comprehensive Plan amendment to the Metropolitan Council. Motion failed. Voting Yes: Mayor Gamec, Councilmembers and Anderson. Voting No: Councilmembers Hendriksen, and Zimmerman. Abstained: Councilmember Kurak. Councihnember Hendriksen requested that the City Attorney assist with drafting the appropriate language for the findings of fact that would recognize the comments made during the public hearing pertaining to the fact that a concept plan was not included as part of the application and the appropriate fees were not paid as required for a Comprehensive Plan amendment. City Attorney Goodrich recommended the following language: "Whereas no concept plan of the proposed amendment was presented with the written application." Councihnember Hendriksen noted that he understood that other property owners had received approval without a concept plan, but he did not vote in favor of them. Mayor Gamec stated that he did not think that there were any comments regarding this parcel during the public hearing. Councihnember Zimmerman stated that he believed that contract zoning was the wave of the future where a plan is presented to the Council and the Council agrees with that plan and enters City Council/March 12, 2002 Page 12 of 23