Agenda - Council - 07/10/2007 - Laserfiche WebLink

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looking at four units. The applicant has a good indication of the response if he comes back with five units. The question is whether the applicant would like this tabled to allow him to come back with four units; if he comes back with five units again he will be wasting everyone's time. Mr. Rollings stated when he sat in front of the Council before it was discussed that he could bring back five units and that is what he did. He was trying to figure out a way to make those five units pleasing. City Attorney Goodrich indicated there is an issue with the 60 -day rule. He asked if the applicant would agree to an extension. Mr. Rollings responded in the affirmative. City Attorney Goodrich advised that under State Statute 15.99 the City has an obligation to act on the applicant's request within 60 days of that request unless the applicant agrees to extend that an additional 60 days. Mr. Rollings indicated he will submit a letter agreeing to the extension of the 60 day rule and is orally agreeing to this tonight. Councilmember Elvig stated the motion on the floor is to deny the request to rezone the proposed plat of Bridgewater from R -1: Single - Family Residential to Planned- Unit - Development. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Jeffrey, Dehen, Look, Olson, and Strommen. Voting No: None. Motion by Councilmember Elvig, seconded by Councilmember Look, to table the plot plan for Bridgewater with the condition that an extension for the 60 -day timeline is submitted by the" applicant. City Attorney Goodrich advised the findings of fact have not been reviewed. Consensus of the Council was that the intent of the adopted motion was to adopt findings of fact in the negative of the applicant's request for a rezoning. City Attorney Goodrich advised findings of fact need to be reviewed, specifically finding nos. 9 through 13. Consensus of the Council was that finding nos. 9 — 13 should be stated as follows: #9) does not; #10) will; #11) will not; #12) will; #13) ... "will be detrimental to existing and future..." City Attorney Goodrich recommended Council rescind the motion to deny the rezoning in order to adopt findings of fact. Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to rescind the action of denying the rezoning of the proposed plat of Bridgewater from R -1: Single - Family Residential to Planned- Unit - Development. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig; Jeffrey, Dehen, Look, Olson, and Strommen. Voting No: None. Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to adopt Resolution #07- 06 -155 adopting Findings of Fact #0798 in the negative to the request to rezone certain property City Council / June 26, 2007 Page 24 of 38