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MINUTES <br />CITY COUNCIL <br />SEPTEI~~'IBER 28, 1994 <br />LaValle pointed out that Council's previous action <br />tabling the Abra proposal at the request of Abra. <br />LaValle asked if the City was now incurring any <br />liability by placing a moratorium on property where an <br />application is pending. <br />The City Attorney replied that if a court determines <br />that Abra has some fixed rights because of the pending <br />application, the court will order the City to proceed <br />with the processing of the application. However, the <br />City has a fair amount of background information to <br />support its action in imposing a moratorium. <br />Morelan noted the action of the Planning Commission <br />tabling the Abra request, and asked how much time was <br />involved before the Council must act. <br />The City Planner stated that the City Council cannot <br />take action on an application until it has a <br />recommendation from the Planning Commission or 60 days <br />have lapsed. <br />Morelan pointed out that the moratorium just adopted <br />covers all B-3 Districts within the City, and suggested <br />that it places an undue burden on B-3 properties not <br />abutting Rice Street. <br />Scalze pointed out that there is a lot of B-3 property <br />within the City and that the City Planner will be <br />addressing all these areas in the Comp Plan update. <br />The Planner agreed. <br />Morelan noted that the floor agenda which was published <br />referred to the Rice Street area only, and suggested <br />that the moratorium be limited to B-3 properties <br />abutting Rice Street. <br />Mr. Morelan introduced the following resolution and <br />moved its adoption: <br />RESOLUTION N0. 94-9-340 - RECONSIDERING ORDINANCE NO. <br />387 <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Morelan, LaValle, Scalze, Pedersen, Hanson. <br />Nays (0). Resolution declared adopted. <br />17 <br />