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Regular City Council Meeting <br /> Monday,June 03,2013 <br /> Page 20 <br /> Roe further clarified that, in the case of the Comprehensive Plan, a super majority <br /> vote could make changes to the Plan as desired. Mayor Roe opined, and recog- <br /> nizing the concerns raised by Councilmember Etten, that the City Council not <br /> make decisions based on less than a technical analysis of those items based on <br /> code requirements, which would open the City up to litigation, and retain their <br /> role in making the larger policy decisions. At the request of Councilmember <br /> McGehee, Mayor Roe provided an example with a variance process and the City <br /> Council determining setbacks based on reallocation by the City Council versus <br /> those technical analyses provided in code, and having the potential of those deci- <br /> sions being made differently depending on who was on the City Council at a giv- <br /> en time and who the applicant was. <br /> Mayor Roe reiterated the need for basis, consistent, and explicit application of <br /> City Code and rules. Mayor Roe noted the ultimate goal is to avoid having City <br /> Council decisions overturned by the courts. <br /> Councilmember McGehee opined that by not having square footages identified in <br /> the Twin Lakes Community Business Zoning District, it had allowed the Wal- <br /> Mart development to proceed. <br /> Mayor Roe opined that having square footages included in those designations <br /> could prove just as arbitrary in some applications. <br /> Even though it was water over the dam, Councilmember McGehee opined that <br /> since Mr. Trudgeon was a big supporter of Community Mixed Use; one option <br /> that could have been negotiated would to have had Wal-Mart with residential <br /> above. However, Councilmember McGehee opined that now that the Wal-Mart <br /> development had been approved, it seemed odd that the remaining parcels were <br /> being restricted with parking spaces, even though many property owners were <br /> impacted with those restrictions. <br /> Councilmember McGehee noted that one of her suggestions had been to have Mr. <br /> Trudgeon meet with Twin Lakes property owners and ask them collectively for <br /> their concepts to put forward and work through the City to get them moving. <br /> Councilmember McGehee opined that there were many property owners eager to <br /> sell,but no one appeared to have any big plans for the parcels. <br /> Height Limitations Councilmember McGehee questioned why these particular <br /> items listed on tonight's agenda and in the RCA were being brought forward at <br /> this time. <br /> Regarding the height issues and silos, Mr. Trudgeon briefly reviewed that portion <br /> of the ordinance written in 1959, and apparently not well thought out at the time, <br /> since they could be located anywhere in the City. Mr. Trudgeon advised that this <br />