04/08/1974 Meeting - Laserfiche WebLink

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Mr. Wood moved seconded by Mr. Keller to postpone action on the rezoning request. Councilman Williams was concerned that a precedent would be set of resolving issues on which the Council was split only when the entire Council was present. He noted that seven members were present constituting a legal quorum. Councilman Murray agreed that there would be no end to postponement of major issues when the vote was split if this item were postponed until 4 the entire Council was in attendance. ~ Councilwoman Campbell asked for explanation of=Mr. Keller's second to the motion for postpone- ment when the item was taken out of order at his request. Mayor Anderson answered that the issue was taken out of. order only because Mr. Keller had to leave early. Councilman Wood said he felt the only way to treat the rezoning request on a fair basis was to have the entire Council present. Councilman Keller explained that the reason for his second to the motion to postpone was the several conflicting votes taken on this issue at different meetings, and the general consensus in committee that all Council members should be present to resolve the issue. Mayor Anderson expressed the opinion that any business before the' Council should be acted upon so long as a legally constituted quorum was present. Vote was taken on the motion to postpone action. Motion defeated, ,Councilmen Keller and Wood voting aye; Councilmen Williams, Beal, Campbell, and Murray voting no; Councilman Hershner abstaining. Manager noted that this consideration was not a public hearing, findings supporting either denial or approval of the rezoning. both positions were previously distributed to Council members. Mr. Williams moved seconded by Mrs. Beal to deny the appeal and uphold the recommendation of the Planning Commission denying the rezoning, and that findings as set forth in Planning Commission minutes and staff notes of October 2, 1973 be adopted by reference thereto. rather the opportunity to adopt Copies of findings supporting Manager reminded Counci:1 that Council members Beal and Keller were absent from some of the meetings at which this rezoning request was discussed. Both said they had reviewed the record of meetings missed and were able to vote. Manager explained that staff had prepared a list of findings from the Planning Commission records supporting denial of the rezoning. He read that list. Vote was taken on the motion as stated. Motion carried, Councilmen Williams, Beal, and Campbell and Mayor Anderson voting aye; Councilmen Keller, Murray, and Wood voting no; Councilman Hershner abstaining. Mr. Williams moved seconded by Mrs. Beal to adopt the findings read as prepared by staff supporting the denial of the requested rezoning. Motion carried, Councilmen Williams, Beal, and Campbell and Mayor Anderson voting aye; Councilmen Keller, , Murray, and Wood voting no; Councilman Hershner abstaining. Councilman Keller left the meeting. II - Public Hearings A. Appeals, Planning Commission Denial of Zone Changes 1. West of Highway 99N, south of Concord, east of Jacobs - From RA to C-2 PD (Hansen)(Z 74-6) Planning Commission recommended denial on March 12, 1974. Staff notes and Planning Commission minutes of that meeting together with maps were previously distributed to Council members and by reference thereto made a part of this record. No Council member present declared the intent to abstain from voting on the issue. Jim Saul, planning department, explained that the property technically was under R-2 PD zoning. However, planned~ unit development plans were never submitted to allow finalization of the rezoning action. Mr. Saul described the surrounding zoning and development, including the Intermediate Education District development to the north. He said the Commission voted unanimously to deny the requested C-2 PD zone. Public:hearing was opened. William Neel, 241 East Broadway, representing the petitioner, identified himself as having developed the master pla~ of the area 'in the ownerQhip of Mr. Hansen surrounding the subject property. He projected slides showing plot plan of the subject property as well as surrounding properties, street layout, and zones. Qe 4/8/74 - 2 .~ ~ ~ , ~-- o. 0610 ..-.~'~ ~ , ~ 0671 .