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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 23, 2012 Page 35 staff had reviewed that additional language and had no objection, noting that they further de- tailed specific findings of the body. City Attorney Gaughan concurred with the language as long as it reflected actual findings of the Board. Chair Roe advised that this was his intent; and apologized to the Board for not getting them submitted before today. Chair Roe clarified that his proposed language did not change any findings of fact as presented; however, expressed his willingness for consideration and com- ment of that proposed language by the Board. Chair Roe opened the meeting for brief public comments, specific to the findings of fact pro- posed, asking that comments remain succinct given the hour; and noted subsequent City Coun- cil action tonight on the Final Plat and Development Agreement for the Wal-Mart proposal. Public Comment Applicant Representative Sue Steinwall, Fredrikson, Byron,legal counsel for Wal-Mart Ms. Steinwall advised that her only suggestion would be to consider, in the introductory "Whereas" clauses, an additional reference to the Planning Commission action of July 11, 2012. Chair Roe thanked Ms. Steinwall for that suggestion; and recommended inserting that refer- ence on Line 30, as another"Whereas" clause to memorialize the action of the Planning Com- mission, opining that it was an appropriate addition to the resolution. By consensus, the addition was approved. Willmus moved, Johnson seconded, adoption of Resolution No. 10994 (Attachment A) enti- tled, "A Resolution Regarding the Determination of a Permitted Use Within the Community Mixed Use Zoning District;" as amended to include reference to the Planning Commission meeting of July 11, 2012; and to include the additional language for Findings of Fact as sub- mitted by Mayor Roe. Member Pust agreed that the Resolution, as amended, accurately reflected the motions raised at the July 16, 2012 meeting; however, she noted that she would vote in opposition to it for rea- sons stated at that prior meeting. Member McGehee concurred, noting that she would vote in opposition, based on the previous submission of her personal findings, both written and verbal, at previous meetings, basically still not believing that this is a permitted use and that there is a conflict between the Compre- hensive Plan and Zoning Code. Roll Call Ayes: Johnson; Willmus; and Roe.