07 City Council (7/10/03) - Laserfiche WebLink

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Regular City Council Meeting July 10,2003 Page 4 AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Guest, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy declared the public hearing open to consider the petition ofRonald Kyle for a change in zoning from a Commercial District (C) With Specific Use Permit (52) Signs and Billboards on Lot 26, City Block 296, being number 495 35th Street N.E. Mayor Pro Tem McCarthy called for proponents to appear. Councilwoman Neeley asked since this was denied by the Planning and Zoning Commission and if the City Council was going to over-ride this item was there an adequate number of the City Council votes to do so. City Attorney Schenk advised that the requirement on a zoning matter that has been denied by the Planning and Zoning Commission to over-ride that denial, there must be a three-quarters vote of the seated Council members not disqualified and tonight that would take a 6 - 0 vote requirement under any circumstances. He said tonight there are only five members present, so the option for the Council would be, if there were a desire to consider actually approving this rezoning, is to take that action and have that possibility of that action, the City Council would need to table this matter this evening for purposes of action to bring it back at another meeting. The City Attorney said they would still need to conduct the public hearing. Ron Kyle, 3140 Stacy Lane, came forward stating that he would like to have this tabled until the next meeting, and requested that the City Council do so. Mayor Pro Tem McCarthy called for opponents to appear, and Ray Banks, 3450 Robin Road, came forward speaking in opposition to the rezoning petition. He said the change in zoning is for a billboard to be aimed at the intersection of Pine Mill Road and Loop 286, which is one of the busiest intersections in