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CC MINUTES 12041979
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CC MINUTES 12041979
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4/19/2016 5:21:32 PM
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4/19/2016 5:21:31 PM
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36
SP Folder Name
CC MINUTES AND AGENDAS 1979
SP Name
CC MINUTES 12041979
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-5- <br /> Mr. Newman and Mr. William Luther, representing the Johnsons, dis- <br /> agreed in their interpretation of the court ' s decision with Mr. <br /> Newnan contending the court had not ruled on the question of whether <br /> the florists had to comply with the City ordinances and applicable <br /> restrictions when it had handed down its judgment that the Johnson' s <br /> had the right to expand their property. On the other hand, Senator <br /> Luther said it is his client' s position that the specific building <br /> permit application made by the Johnsons in 1978 met all the City <br /> requirements at that time and they had been ruled on and approved <br /> by the court in its decision. The lighting for the four additional <br /> greenhouse structures were a part of that application. The attorney <br /> also corrected Mr. Newman' s assumption that the judge in that case <br /> had not personally prepared the findings. Johnson' s counsel had <br /> indicated to him the florists ' willingness to meet reasonable com- <br /> mercial restrictions for their proposed expansion and were also <br /> willing to negotiate others , Mr. Newman said. Mr. Luther cautioned, <br /> however, that any change in technology would be unacceptable. <br /> The City' s attorney then suggested negotiations be undertaken before <br /> a decision regarding an appeal be made and that action be taken only <br /> if the court attempted to prevent the City from using its codes and <br /> ordinances "as they are traditionally applied to commercial usage" . <br /> He then raised the question of whether the proposed lighting is <br /> specifically restricted in the City ordinance and whether this is <br /> something over which the City has any control. When the Johnsons ' <br /> attorney agreed to sit down with City staff to go over their differ- <br /> ences, Mr. Fornell said he hoped such negotiations might result in <br /> lighting which is less offensive to the neighbors with perhaps more <br /> effective screening for the residents to the east of the Johnson <br /> property provided by plantings of pine and poplar trees in addition <br /> to the proposed fence. The Council agreed to defer a decision until <br /> further negotiations to work out a more acceptable development are <br /> completed. <br /> Copies of the November 28 letter from Richard J. Williams, new owner <br /> of the Northgate Motel and Restaurant, in which Mr. Williams agreed <br /> to pay the $1, 188 bill for past sewage and water which had not been <br /> billed to the motel, had been included in the agenda and the Manager ' s <br /> November 30 recommendations regarding this proposal as well as future <br /> billing had been distributed to the Council. <br /> Motion by Councilman Sauer and seconded by Mayor Haik to accept the <br /> repayment agreement specified in Mr. Williams ' November 28 letter. <br /> -Motion carried unanimously. <br /> Councilman Ranallo left the meeting at 9 : 05 p.m. <br /> Motion by Councilman Sundland and seconded by Mayor Haik to direct <br /> staff to include a provision for motel sewer billing in the revised <br /> sewer ordinance. <br /> • Motion carried unanimously. <br />
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