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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 22, 2004 <br />Blesener introduced the following resolution and moved its adoption: <br />RESOI UTION NO. 2004-9-218 -APPOINTING 73AR73ARA ALI AN <br />TO FII,I, TILE COUNCIL. VACANCY CREATED I3Y THE <br />RESIGNATION OF MATT ANDERSON TO FII,I. OUT THE <br />REMAINDER OF THE TERM EA'TENDINC THLiOUGII <br />DEC'EMI3FR 31, 2004 <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (4) Blesener, LaValle, Fahey, Montour. <br />Nays (0). Resolution declared adopted. <br />The City Attorney administered the Oath of Oflice to Barbara Allan as <br />Council Member for a teen extending through December 37, 2004. <br />The Council discussed the facC that given Bill Blesener is running <br />unopposed for the Mayor's seat, there may be a vacancy in the remainder <br />of Blesener's term as Council Member. That Council Member term <br />extends through December 37, 2006. It was the consensus of the Council <br />to wait until after the November 2"`~ election to plan a course of action for <br />addressing the potential vacancy. <br />PRO~PE'RTY Mayor Fahey opened the Public Hearing to consider a property division <br />,DIVISION - of 2167 McMenemy Street into two single-family lots. It was noted that <br />2167 the City Planner and the Planning Commission recommended approval <br />MciVIENEMY of the property division subject to compliance with the conditions <br />STREET - outlined in the City Planner's report dated September 1, 2004. <br />JOSEPH & <br />JANEL RLJCCI Joseph and Janel Rucci indicated their agreement with the conditions <br />specified by the Planner. <br />Blesener noted the legal opinion provided by the Rucci's attorney relative <br />to the covenants which were recorded against this property. That opinion <br />indicates that the covenants do not restrict the ability of the Rucci's to <br />subdivide their property. It also indicates that enforcement of the <br />covenant would not be the responsibility of the City, but rather by <br />impacted property owners through a legal action. Rucci agreed and <br />indicated that the propel fy division proposed does not violate the <br />covenant. Rucci also indicated that it was the opinion of their attorney <br />that the covenant has expired as it was established to run fora 30-year <br />term. <br />Blesener pointed out that the property division meets the City code <br />requirements. Blesener noted the City Flannel's recommendation for a <br />