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like on the case later, urn, um, ah, involving your law suit against the City, um you certainly <br />could of, would of had the right to ah participate in that closed session, because you are a <br />Councihnember...". She stated that she is unable to vote for any type of tiering transition <br />because it relates to every piece of property down to one-half acre. What Councilmember <br />Hendriksen is saying is that he wants the Council to vote for an ordinance that is going to take <br />away property value from any individual that owns property. She stated that she will not put into <br />law something that will reduce the value of someone's property. Why should they, as a Council, <br />do something that would assure a devaluation of someone's property. <br /> <br />Councilmember Hendriksen replied that he was not asking her to not vote, he was asking her to <br />abstain. He stated that there are many things that can be done with land and the highest possible <br />use could be a nuclear waste plant which is why cities have regulations in place and anytime they <br />regulate property they place limitations and sometimes people would say they reduce the values. <br /> <br />Mayor Gamec replied that everyone in the City owns land and that the election is over and now it <br />is time for the Council to get down to the business of the City. <br /> <br />Councilmember Hendriksen stated that there is a fundamental issue on the table that is not goi~g <br />to go away. When someone is voting on an issue that can impact land and you own a large <br />amount of land it can become a conflict of interest. <br /> <br />Mayor Gamec replied that if no one owned land no one would be on the Council. <br /> <br />Motion by Mayor Gamec to introduce the proposed ordinance to establish the requirement for <br />density transitioning and direct City Staff to schedule a public hearing regarding same at the next <br />Planning Commission meeting. <br /> <br />Motion failed due to the lack of a second. <br /> <br />Case #14: <br /> <br />Reconsider Request for Preliminary Plat and Site Plan Approval of Orchard <br />Hills; Case of Homestead Multi-Family Development <br /> <br />Community Development Director Frolik stated that Mike Schneider of Homestead Multi- <br />Family Development applied for preliminary plat and site plan approval of a 42 unit for-sale <br />townhome development on the property located south of 153~d Avenue NW~ and Bill's Superette <br />and east of St. Francis Boulevard (T.H. #47). On December 5, 2000, the Planning Commission <br />conducted a public hearing and recommended Council approval of the preliminary plat and site <br />plan for Orchard Hills. The plat did not implement the density transition requirements of City <br />Charter Chapter 14. However, the subject property would have been exempted from density <br />transitioning in the Proposed ordinance that would establish that requirement in the Zoning and <br />Subdivision Chapter of City Code, which ordinance the Planning Commission fmwvarded to City <br />Council for adoption. On December 12, 2000, and December 19, 2000, the City Council did not <br />adopt the density transition ordinance. When the Orchard Hills development proposal was <br /> <br />City Council/February 13, 2001 <br /> Page :~ of 28 <br /> <br /> <br />