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1 <br />1 <br />1 <br />April 9, 1979 <br />been a valid vote. <br />227 <br />Mr. Locher read the State Statutes regarding rezoning. It requires that <br />2/3's of all members vote. Mr. Locher felt that the applicant could <br />reapply because the Ordinance had not been changed by the previous vote. <br />There were several persons in the audience who asked for clarification of <br />what Mr. Locher was saying. Mr. Locher explained that teh previous vote <br />was a valid vote, in that the Ordinance was not changed, and in order for <br />a rezoning to take place, it would require a 2/3's vote of all members. <br />Mr. Blackbird asked for permission to reapply as a preliminary plat and <br />reappear before the Planning and Zoning Board. Mr. Locher said, legally, <br />he has this right. <br />Mr. Zelinka asked if the Mayor could legally abstain on this vote since <br />2/3's yore of all members is required to pass on this action. Mr. Locher <br />saod, no one could be forced to vote on any matter. <br />Mr. Blackbird withdrew his request for an impartial board. He was not <br />sure about the new plat, but said all material would be presented at the <br />time of the preliminary plat presentation. <br />There was discussion of 'conflict of interest' with Mr. Locher reading <br />the law that had been presented by Mr. Larry Johnson. The conflict of <br />interest basically occurs when there is a monetary gain to be made. Mr. <br />Reinert had questioned the 'area' involved - how far away would a person <br />have to live in order to be considered 'out of the area'? Mr. Locher said <br />the 'area' could not be described and he used the matter of all Council <br />members voting on a budget. This would affect their tax base but would <br />not be considered a 'conflict of interest'. But. if an attempt was made <br />by a Council member to have his va1uatiDn lowered at a Board of Review <br />Hearing, this would be aconflict of interest. Mr. Locher felt the law <br />is unclear in spots. <br />Mr. Blackbird felt that if Mr. Reinert and Mr. Johnson had objections to <br />his rezoning request, these objections should have been made from the <br />floor and not from the Board. <br />There was discussion of perhaps submitting this and other questions to <br />the Attorney General for clarification. Mr. Zelinka moved to authorize <br />this. Seconded by Mr. Schneider. Motion declared passed. <br />Mr. McLean presented the request of Mr. Richard Klenck for a special <br />use permit for the construction of a pole building. This had been delayed <br />until the required fees had been paid. The Planning and Zoning Board had <br />recommended approval. Mr. McLean moved to approve this special use permit. <br />Seconded by Mr. Zelinka. Motion declared passed. <br />Mr. McLean moved to approve requisition #903. Seconded by Mr. Kulaszewicz. <br />Motion decalred passed. <br />Mr. Gotwald presented the plans and specifications for the installation <br />of City utilities on Pheasant Run and Captains Place. Mr. McLean moved to <br />authorize Mr. Gotwald to submit these plans to Metro Waste Control for <br />approval. Seconded by Mr. Kulsazewicz. Motion declared passed. <br />Mr. Locher reported on the matter of the dog problems in this City with <br />no action taken by the Council <br />The matter of reimbursement for Mr. Clifford Ross, Jr. for expenses incurred <br />