01-25-1974 Council Memo - Laserfiche WebLink

Home Browse Search

r , � Agenda Items - January 28 , 1974 Page 3 would take the staff a very long period of time to gather together the list and send out the mailing to very residence in the Villagef I would recommend that the Council� on January 28 , 1974�call for a public hearing for its first meeting in February to amend the Village ordinance to bring it in line with the State law and its requirements. By doing this , I feel we would be in a much stronger legal position in the event that someone in the future take the Village to court over this rezoning matter„�hould that happen, the Village would be in a very strong position if it could show in court that it complied with its ordinance and State law in the notification process for the public hearing. 18. The Council should know that this week Mary Butler. , Dexter Marston, Mike Scheller, Skip McCombs, and myself all went out to take a look at the pond situation concerning the Dunlaps , the Ferrells, and the Winchells. The engineer will have a detailed report ready for you at the Council meeting and we should discuss the complications involved with Mr. Winchell and Mr. Ferrell. As you are aware, Mr. Winchell is hesitant about coming in and taking out the permit for his pand, due to the fact that he may be facing a legal action with Mr. Ferrell over the existing situation. In discussinq this with Marc, it is his recommendation that the Village state that we would take no action on the application for the pond to approve or disapprove it until Mr. Winchell and Mr. Ferrell have setteled their difference and have come to an agreement on how to handle the situation. If that is not done within a reasonable period of time, say six months to a year, then the Village should probably take action on the application to approve or disapprove and then let the legal chips fall where they might. This is somewhat of a sticky problem and i feel that the attorney would wish to advise the Council further on it.