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<br />that there is a question on the legality of the written lease and there isn't one that has been <br />formally signed. <br /> <br />Councilmember Dehen stated that the Council would need to consider a continuance. <br /> <br />City Attorney. Goodrich read aloud a portion of the ordinance, and noted that adequate notice <br />isn't specified by a number of days. <br /> <br />Mr. Sliderman stated that in his 34 years of practice, 7 days notice is not adequate notice, <br />especially for a situation where firearms are involved. <br /> <br />Councilmember Dehen stated that an important thing for Mr. Sliderman to know is that this has <br />been to a hearing before where a hearing officer heard the evidence and recommended a <br />revocation of Mr. Jerdin's license and this Council re-debated those issues and he personally <br />opposed this, but the Council gave significant latitude to his client. He stated that it is his <br />opinion that he would like to move forward and get this matter moving. He stated that the record <br />could possibly be held open at the end of the hearing. <br /> <br />Mayor Gamec stated that tonight strictly deals with the licensing. He stated that he believes that <br />with the document served on November 6, 2008, he feels that time was enough and feels the City <br />should continue with the hearing tonight. <br /> <br />Councilmember Olson stated that she agreed that the hearing should continue. <br /> <br />Councilmember Look asked about the two pending criminal charges and asked if there is logic in <br />resolving those before the City proceeds. <br /> <br />City Attorney Goodrich stated that they are pending, and tonight is a civil action that would be <br />easier to prove this case if there is a conviction in the criminal courts. He stated that he and <br />Police Chief Way think it is important to consider the revocation this evening. <br /> <br />Councilmember Look stated that his question is if the criminal charges are thrown out, would the <br />City still be recommending revocation without the charges. <br /> <br />City Attorney Goodrich stated that they would still be recommending revocation. He stated that <br />at a civil hearing preponderance of evidence is needed, not beyond a reasonable doubt, as in the <br />criminal case. <br /> <br />Mr. Sliderman asked if Mr. Jerdin has had a chance to subpoena the records. <br /> <br />City Attorney Goodrich stated that he could have done that whenever he wanted. <br /> <br />Mr. Sliderman stated that, for the record, their position is that there has not been adequate due <br />process as part of this proceeding, and to have a judge come down and reverse the whole process <br />would be, in his judgment, very unwise to proceed. He stated that there has not been time to get <br />facts and data to adequately challenge this. He stated that a November 6, 2008 notice is <br /> <br />Special City Council Meeting / November 18,2008 <br />Page 3 of 19 <br />