07/23/1979 Meeting - Laserfiche WebLink

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2. Property located south of Ayers and east of Delta from County AGT,RA to City R-l/PD (Dessler/Allen)(AZ 79-5)(Maps and information distributed) . Unanimously recommended by Planning Commission on June 5, 1979. Manager suggested that to save time and since they are actually substantial parcels immediately adjacent to each other, and that the reasons for and against annexation and for and against rezoning are very similar, that the Council could consider the hearings jointly. The materials and background information could be intro- duced for both. Mr. Long advised the Council that he had learned that at the Planning Commission hearing considering these matters, an individual who object to the proceedings filed some documents that apparently have been mislaid. They were intended to be part of the record and are not part of the record. An effort was made to obtain some duplicates so that they might present their evidence to the Council as it relates to this request. Those efforts have failed. Under the circumstances, Mr. Long said the Council had two alternatives. First, the Council could postpone the hearing for two weeks and give everyone the opportunity to be prepared. By doing so, the Council preserved the public notice. The second alternative is to take the testimony of the people who are in attendance at this meeting and hold it over to the next meeting. Mr. Long said if the Council did that, it would need to provide some kind of rebuttal after that material is received, whether it be written or another opportunity for testimony to be given. e Councilor Smith asked if the Council does begin testimony at this meeting and then holds it over for two weeks, was she correct in assuming that testimony heard at this meeting would not be repeated in two weeks. Mr. Long said that would be the prerogative of the Chair, and would be difficult to administer, but could be done. Ms. Smith asked what Mr. Long's recommendation would be. Mr. Long said he didn't have a definite recommendation and it was a matter of what the Council would be most comfor'-able with. Councilor Obie asked if this matter were to wind up in court and be contested, would one of Mr. Long's alternative be more favorable than the other two. Mr. Long responded that the most conservative course of action was to recognize that some evidence that may be material is not available, and the reason is it is not available is a good one. Under those circumstances, Mr. Long said a postponement is in order. Ms. Smith moved, Mr. Obie seconded, that the Council postpone until August 13 items A-I and A-2 on annexation and rezoning. Motion carried unanimously. - 7/23/79--3 313