Laserfiche WebLink
Councilmember Anderson questioned if the property has not already been rezoned. <br /> <br />City Attorney Goodrich stated no. He explained that the sixty-day rule states that the Council <br />must either approve or deny a request. A motion which fails is not saying the action is denied. <br />Mr. Goodrich inquired if the Council had any interest in extending the decision for 30 days. <br /> <br />Councilmember Anderson inquired if there was anything that ACCAP was proposing to do in <br />that 30 days. <br /> <br />Dale Jensen, Attorney representing ACCAP, replied that he was not sure as to what would be <br />accomplished in the 30 days. The hope was that there would be additional discussions between <br />the City and ACCAP. <br /> <br />Motion by Councilmember Anderson to table action for 30 days at the request of ACCAP. <br /> <br />Motion failed for lack of a second. <br /> <br />C ouncilmember Hendriksen inquired if the Findings of Facts support approval or denial. <br /> <br />City Attorney Goodrich replied that the Findings of Fact were drafted to support denial. <br /> <br />Councilmember Zimmerman inquired as to which was stronger, the legislature four fifth vote <br />requirement to rezone property or the sixty day rule. He stated that it appears as if the sixty day <br />rule is a way to rezone property. <br /> <br />City Attorney Goodrich replied that generally the applicant is happy when the Council goes <br />beyond the 60 days, because then the action is approved. <br /> <br />Councilmember Zimmennan stated that in a sense then three out of the five of the <br />Councilmembers can dete~znine zoning rather than the customary four out of five. <br /> <br />City Attorney Goodrich explained that the City has an extension through the evening to make a <br />decision and ACCAP is offering an additional 30 days. <br /> <br />Councilmember Hendriksen inquired as to what would happen if the Council failed to take action <br />during the meeting. <br /> <br />City Attorney Goodrich replied that the action would be approved tomorrow. <br /> <br />Councilmember Hendriksen stated that a legislature has required that a four-fifths vote is needed <br />for a rezoning, but they are required to deny it also so those who refuse to deny it can circumvent <br />the intention of State Statute by forcing the approval by forcing the default. <br /> <br />City Council/February 27, 2001 <br /> Page 13 of 23 <br /> <br /> <br />