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Regular City Council Meeting <br />April 5, 2001 <br />Page 3 <br />Family Dwelling District No. 1. <br />City Attorney Schenk again explained that Mr. B ailey was proposing a <br />rezoning change. He said that even if Mr. Bailey proposes a Planned <br />Devel opment rezoning change, that is a rezoning change, and there is a <br />protest against any rezoning change to this property right now. Mr. Schenk <br />stated that the Council mus t have a three-quarters vote of the qualified <br />members of the City Council in order to approve the rezoning change, which <br />would take six members in support of that. City Attorney Schenk said there <br />are only five members present, but regardless, if Mr. Bailey wanted to make <br />another proposal it will still be governed by the three-quarters vote. City <br />Attorney Schenk said that, in his view, Mr. Bailey would have to go back <br />before the Planning and Zoning Commission a nd start over with a new <br />pr oposal. He said that the City Council is in a public hearing stage of this <br />rezoning request and felt that the Council would have to complete that <br />process, which involves giving Mr. Bailey the opportunity to speak to the <br />issue and to hear any other individuals who are in favor of the rezoning <br />change; then the public hearing will allow those in opposition to the rezoning <br />a chance to speak. <br />Mr. Bailey withdrew his rezoning petition and said he would resubmit a new <br />petition for Planned Development. <br />Mayor Pfiester announced that he would continue the public hearing if there <br />were peop le in the audience who wished to speak regarding this rezoning <br />change. <br />Councilman Kevin Gray entered the council chambers and assumed his seat <br />at the council table at 6:30 P. M. <br />May or Pfiester announced that, with Council Member Gray’s arrival, there <br />were now six members present and the Council could vo t e regarding the <br />rezoning petition of Mr. Bailey if they chose to do so. <br />Mayor Pfiester allowed Mr. Bailey to come forward and explain again what he <br />wanted to do with his property for the benefit of Councilman Gray. <br />th <br />Mayor Pfiester called for opponents to appear, and Jerry Hollowell, 1340 20 <br />