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becomes law the density permitted on her property will be reduced and the density achieved is <br />directly based on the revenue. He stated that he agreed with the City Attorney that legally <br />Councihnember Kurak can vote, but if he were in her situation he would abstain. <br />Councihnember Kurak replied that she would not be voting down an ordinance discussed by the <br />Council in 2000. She noted that she has not had an opportunity to discuss her opinion regarding <br />the ordinance itself. What she would be voting for would be to not hold the special election and <br />to continue working on the Density Transition Ordinance. Ms. Kurak stated that the one thing <br />she found confusing during the last Council meeting is why Councilmember Hendriksen felt that <br />the Density Transition Ordinance had to be adopted by the end of the year. The only assumption <br />she could make is that Councilmember Hendriksen assumed that she would not vote in favor of <br />any such ordinance. Councilmember Kurak wanted to clarify that the only thing she would be <br />voting for at this time would be to not spend City tax dollars to have an election when they, as a <br />City Council, have the ability to adopt an ordinance that would work for the entire City. <br />Councilmember Hendriksen replied that he did not recall anyone stating that the Density <br />Transition Ordinance had to be adopted before the end of the year. He would have thought that <br />clearly with as much land as Councilmember Kurak owns that she would abstain. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson and Kurak. Voting No: <br />Councihnembers Hendriksen and Zimmerman. <br /> <br />Councilmember Hendriksen stated that he wanted to discuss the Charter implications now that <br />the special election has been rescinded. <br /> <br />Mayor Gamec replied that the Council will continue to work on the Density Transition <br />Ordinance. <br /> <br />Councilmember Hendriksen stated that he had requested that the discussion of the Charter <br />implications be added to the agenda as a case and he found it objectionable that the Mayor was <br />willing to handle the first portion of the case and not the second. <br /> <br />Mayor Gamec replied that the Council can discuss the Charter implications, he was only trying <br />to limit public comment. <br /> <br />City Attorney Goodrich stated that he had been asked if the Council has an obligation to pass a <br />Density Transition Ordinance and the answer to that was yes. He explained that the Council <br />does have an obligation to implement the Charter provisions, but if the Council continues to <br />discuss the ordinance, then they are complying with the regulations and he is comfortable that the <br />Council is doing that. The other side is that the Charter Amendment was adopted in 1997, and is <br />a somewhat persuasive argument, but as long as the Council is pursing a Density Transition <br />Ordinance then they are following the requirements. <br /> <br />Councilmember Hendriksen stated that the Charter Amendment has never affirmatively been <br />ruled invalid. The City received a legal opinion regarding the Charter Amendment, which he <br /> <br />City Council/January 9, 2001 <br /> Page 18 of 35 <br /> <br /> <br />