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9 September 12, 1979 further dialogue. He felt that the Council, as elected officials, and having gone through due process, should make a decision rather than post- poning it. Mr. Kulaszewicz answered Mr. Johnson to the effect that the Council was present and attempting a decision, and he should put it in perspective in that the Council wanted to make a decision on the contin- uance but coulldn't until theu knew what it was for. There was further discussion of whether the developer had contacted the residents, and if so, whom. Mr. Cody said that ten days ago, Mr. Lcoher had called and asked hom what had been decided by the residents, which he had answered, that this might have been the contact referred to. Mr. Zelinka restated his motion. There was no second to the motion. Mayor Karth noted that the developer had been led to believe by the City Attorney that the hearing would be continued; Mr. Cody commented that Mr. Talle had been under the impression that it had been continued when he spoke to him, However, Mr. Schneider felt that the developer was fully aware of what the problem was, and that they were supposed to appear. Mr. Kulaszewicz felt the Council was faced with a request for a continuance with either no reason, or some confusion as to the reason why. Mr. McLean felt that if the idea of the alternative was a valid attempt to come to some area of agreement, then it was understandable and was what the Council had been working for; however, at this point, that was still an assumption. A resident from the audience indicated that Mr. Balckbird, at a previous meeting with the residents, had said that any less than 36 quardriminium units would not be possible. He felt this didn't leave much room for compromise. Mr. McLean suggested that Mr. Locher be called for clarification on this, and Mr. Kulasxewicz felt that if there were a ligical reason for the continuance then he would second Mr. Zelinka's motion, although there should have been a representative present to request it, and explain the reasons for if. Mr. Zelinka explained that Mr. Schneider had told him prior to the meeting that the developer was not going to be present; His intent was to ask for a motion, get a second, and vote a no continuation. Mr. McLean moved to recess at 8:20 P.M. so Myor Karth could telephone Mr. Locher for clarification on what the situation was in regard to the developer's appearing at the hearing. Mr. Kulaszewicz seconded the motion. All were in favor. Motion declared passed. The public hearing was resumed at 8:50 P.M. Mayor Karth had been unable to reach Mr. Locher, but had spoken to Mr. Talle, and reviewed his con- versation with him. Mr. Talle had contacted Mr. Locher right after the last special use meeting and had asked him to contact the residents as to what alternatives they would consider. Mr. Locher had contacted Mr. Cody, but hadn't gotten back to Mr. Talle until yesterday morning (Sept. 11) with Mr. Cody's remarks, which meant the developer did not have enough time to propose an alternative plat. Their immediate response had been to call Mr. Locher for an extension so something other that quads could be porposed, necasie they felt they had no chance of getting that. Mr. Talle had asked Mr. Locher to contactthe City and get an extension to the hearing, and was told by Mr. Locher that the hearing would be con- tinued, although there was no time or date set. A resident from the audience asked if Mr. Locher had the authority to make that judgment, and another resident asked if he was the correct intermediary between the developer and the Council. He felt the developer should be con- tacting the homeowner's Association. Mayor Karth indicated that the Attorney was someone at the City level other than himself who could be