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City Attorney Goodrich disagreed. He explained that if someone takes action to approve the <br />zoning and on a three to two vote the action fails then the two individuals on the losing side <br />should make a motion to deny the rezoning. If both of those steps are taken then it meets the 60 <br />day rule and would not force the rezoning. In the Duluth case, the problem was that the findings <br />of facts were not adopted until after the 120 days. <br /> <br />Motion by Councilmember Anderson, seconded by Mayor Gamec, to adopt an ordinance to <br />rezone certain property in Section 25 from R-1 Urban Residential to R~3 Urban Residential to <br />facilitate the ACCAP townhome project. <br /> <br />A roll call vote was performed by the Recording Secretary: <br /> <br />Councilmember Zimmerman no <br />Councilmember Hendriksen no <br />Councilmember Anderson aye <br />Councilmember Kurak no <br />Mayor Gamec aye <br /> <br />Motion failed. <br /> <br />Motion by Councilmember Anderson, seconded by Mayor Gamec, to adopt an ordinance to <br />rezone certain property in Section 25 from R-1 Urban Residential to R-3 Urban Residential to <br />facilitate the ACCAP townhome project. <br /> <br />A roll call vote was performed by the Recording Secretary: <br /> <br />Councilmember Zimmerman no <br />Councilmember Hendriksen no <br />Councilmember Anderson aye <br />Councilmember Kurak no <br />Mayor Gamec aye <br /> <br />Motion failed. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to adopt <br />Resolution #s 01-02-147, 01-02-148, and 01-02-149, to deny ACCAP's request for rezoning, <br />subdivision, and site plan approval, respectively. <br /> <br />A roll call vote was performed by the Recording Secretary: <br /> <br />Councilmember Hendriksen aye <br />Councilmember Anderson no <br />Councilmember Kurak aye <br />Councilmember Zimmerman aye <br /> <br />City Council/February 27, 2001 <br /> Page 14 of 23 <br /> <br /> <br />