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04-19-83 CCM
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04-19-83 CCM
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CITY COUNCIL MEETING, APRIL 19, 1983 <br />9, <br />9,- COUNCIL REPORTS: <br />A. Dave Morgan - Continued <br />--Ray Marshall— There are several cases would like to look at before <br />giving an opinion,"`Wasn''t aware,Gordon-that-l_was aware that you were <br />coming, but this was the first I was made awarethatthere may have <br />been some inadequacy of the actual notice. As to whether that's <br />defective or not - would like an opportunity to look at cases <br />in order to define it adequately." Know there is a savings clause <br />in the ordinance and that may or may not control, <br />--Bruce Dunn - when talked to the Administrator two days ago, <br />specifically asked about this section and asked that Ray have <br />an answer on it. Personal interpretation is that the entire <br />process is invalidated because the procedure was not followed. <br />Where it states "a bonafide:attempt to comply with the provisions <br />of the section have been made" - this sentence does not make <br />sense because it says there is a set of provisions, but if they <br />are not applied it doesn't really matter. That is one of the <br />provisions and that is this notice. It is unfortunate that we <br />overlooked this - the point is not to blame someone, but my <br />interpretation is that the property has not been rezoned. This <br />is the reason for favoring Councillor Morgan's motion, Have to <br />start the process from square one, hold the hearing with the <br />Planning Commission and bring it before the Council again, <br />--Ray Marshall - not prepared to answer the question without taking <br />the opportunity to research the case>and the time to do that <br />and respond as quickly as possible. Not prepared to answer the <br />question as to whether or not the ordinance has been complied <br />with as far as notice or :its adequacy, Appears that an effort <br />was made, whether or not it was legally sufficient is the question, <br />--Dave Morgan - this question is going to have such an impact on <br />the City. If there is any doubt at all that we did not follow <br />the legal procedure, we should declare our action null and void. <br />More importantly, the fact that the people did not have alpchance <br />to participate in the decision because they were not notified. <br />--Whittaker - all the people that would have been notified were at <br />the City Council meeting and given an opportunity to speak - <br />or the Planning Commission meeting. <br />--Morgan- they were not at the Planning Commission meeting because <br />they did not receive proper lawful notice. Been on the Council for <br />six year and do not recall,ever, that people were not notified <br />when something was going to happen in their neighborhood. Have <br />spent hours over much lesser subjects and this whole proposal was <br />passed in less than one-half hour, <br />--Fraser - asked the attorney what the legal implications would be <br />should this motion pass. <br />--Ray Marshall - have seperate questions - the question of the notice <br />is a threshhold question;, but it also seems that action was taken <br />You did vote to rezone;and it seems that the applicant is entitled <br />to rely on that. Will have to look At ;the notice question - <br />think that the applicant, assuming the Council meant what it said <br />when granting the rezoning, could rely on that, Would <br />assume that they incurred various expenses in reliance upon the <br />granting of that rezoning. To rescind that now, I think, could <br />obligate the City to damages, <br />--Fraser - believe the prudent move would be to allow our attorney <br />time to give us an op #ion on the notice question before we take <br />a definitive posture, <br />
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