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MINUTES OF THE REGULAR ORONO COUNCIL MEETJNG HELD JUNE 9, 1986 <br />#990 WARD FERRELL continued <br />Ward Ferrell and his attorney, Jerry Rice, were present <br />for this matter. Mr. Rice stated that he is familiar <br />with the area in question because he lives in the area <br />and also holds a contract for deed on property across <br />the road from applciant's. He stated that he has <br />researched the matter and feels there is a substantial <br />issue of equitable estoppel involved and that this is a <br />special situation based on an old promise by a Mayor. <br />He stated that Mr. Ferrell is prepared to proceed with a <br />legal suit if necessary. <br />Councilmember Frahm asked applicant if he wanted the <br />Council to act on the request for three lots, not <br />considering any alternatives. <br />Mr. Ferrell stated that was correct. Mr. Rice stated <br />that they would be agreeable to Council tabling the <br />request in order for Council to think about it. <br />City Attorney Blatz wanted the record clarified <br />regarding the apparent conversation between Mr. Ferrell <br />and Planning Commission member VanNest, she noted that <br />the record was researched and found no indication that <br />word was given to Mr. Ferrell that he could plat his <br />property accordingly and the code would not apply to <br />hi.m. She also noted that there is case law whereas the <br />court ruled that l:.:gardless of indications made by a <br />past council, the current council must uphold the <br />ordinances. <br />Mr. Rice clarified that he was referring to the word <br />given by Mayor Ross when Mr. Ferrell platted his <br />property. <br />Acting Mayor Adams stated that he was always told that <br />one council can not bind future councils. <br />It was moved by Councilmember Frahm, seconded by <br />Councilmember Grabek, to approve the denial resolution <br />as drafted to be adopted June 9, 1986. <br />At this point, Mr. Ferrell and his attorney were given <br />the opp3rtunity to request tabling this matter to <br />reconsider the request for Z additional houses. <br />Mr. Rice stated that he would like the matter tabled in <br />order for him to consult with his client, Mr. Ferrell. <br />City Attorney Blatz stated that she would recommend <br />tabling the matter if the Counci l's intent is to allow <br />applicant to modify his application for 1 additional <br />house to be construct(-d on his property. <br />2 <br />