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Regular City Council Meeting <br />June 5, 2003 <br />Page 17 <br />Mayor Fendley stated that we need to look at the ordinances because there does <br />need to be consistency. He noted that the City Council can override Planning <br />and Zoning on a variance on a zoning issue, which is very important, while the <br />City Council cannot override Planning and Zoning on something like this, <br />which is not nearly as important. Mayor Fendley said that Council needs to <br />look at the ordinance and see that they all have the same consistency. <br />City Attorney Schenk advised that the difference is under the state zoning law <br />which provides for a three-quarters rule in two instances. One is when a <br />protest is filed and the second instance is when the Planning and Zoning <br />Commission makes a recommendation to deny a requested change in zoning. <br />In both instances, City Council can grant the requested zoning change with a <br />three-quarter vote in favor of the change. This ordinance is a city subdivision <br />ordinance; it is a separate instrument. City Attorney Schenk said if the City <br />Council wants to change the ordinance, City Council may do so, as it is not <br />based on State law. <br />Councilman Bell said he would like to know, if money is paid into the city for <br />curb and gutter, what happens to that money if the curb and gutter is not built. <br />City Manager Malone said he believed that the City would hold it for seven <br />years. Councilman Bell asked, then, after seven years, what happens to that <br />money. City Manager Malone advised that he thought it would go back to the <br />person that put up the money if it was not used. Councilman Bell said it would <br />be important that this City Council knows exactly what the city has been doing <br />with that money; if it is being held, what fund it is being held in and what the <br />balances are. If it is being returned to the developers, who has had money <br />returned to them, and if it is being put in the General Fund and spent, when <br />d o e s <br />that take place. If it is going back into the General Fund, the city is not <br />spending it to put gutter at that location, the city needs to be spending it to put <br />