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CC MIN 1970
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CC MIN 1970
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Last modified
1/18/2017 3:09:51 PM
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8/2/2016 10:51:57 AM
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Template:
CC Index
CC Index - Document Type
Minutes
Meeting Type
Regular
Agency Type
City Council
Date
1/5/1970
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275 <br />distinction was that on rezoning matters, the Ordinance required public hearing; <br />on the parking restrictions, no public hearing is required as such, since it is <br />strictly a legislative matter, structurally under cognizance of the Council. <br />City Attorney further advised that in the event any person present tonight wished <br />to give testimony on the matter, it was his impression the type of evidence <br />would be such that it would be more appropriate at a public hearing, where the <br />proponent would be able to respond. He recommended that, if the public hearing <br />is to be reopened, with the attendant necessary republishing and renoticing, <br />two motions be made: First, to rescind the motion to introduce the ordinance, <br />and second, to reopen the public hearing. <br />There was additional discussion by Council, during which City Attorney advised <br />of the effect of tabling a motion, which would be to suspend action indefinitely. <br />Councilman Rhodes moved to table the motion, seconded by Councilman Henderson. <br />Council discussed this procedure further, and City Attorney commented that <br />justification for ordinance of this type should be predicated on evidence at <br />a public hearing, that Council may feel there is new evidence, or that evidence <br />was not covered, and that there might not have been a full hearing. <br />Motion to table carried on roll call vote, Councilmen Henderson, Rhodes, and <br />Mayor Bury voting yes; and Councilmen Petersen and Weymouth voting no. <br />Councilmen Arnett and Keckley noted absent. <br />Councilman Petersen questioned legality of opening a new public hearing, <br />considering the fact there had already been a public hearing, and ordinance <br />had been introduced. City Attorney commented on this, and added that his <br />recommendation earlier had been to rescind the ordinance and reopen the public <br />hearing, however, tabling had put it in a state of suspension, and motion would <br />have to be revived from the table. It would then permit a fresh approach, as <br />to whether to go forward with adoption of the ordinance or reverse introduction <br />and have another public hearing. <br />Councilman Petersen offered the motion to remove the item from the table for the <br />purpose of discussing dispensation, seconded by Councilman Weymouth, <br />City Attorney noted one preclusion, as far as participation, was that those not <br />present for the first public hearing may not vote on adoption. He indicated <br />also that it might be useful to be apprised of whether, in fact, there was new <br />evidence to indicate justification for reopening the public hearing. Mayor Bury <br />responded that <br />he had received indications from <br />some <br />persons <br />who had felt <br />their <br />opinion was not <br />accurately based on real facts <br />of the <br />issue. <br />Councilman <br />Petersen <br />
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