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Mr. Goodrich responded that their concern is a particular Charter amendment with regard <br />to density. They currently do not have an issue with rezoning. However, they could <br />probably amend their complaint to include the rezoning if we deny it. <br /> <br />Councilmember Haas Steffen inquired if the action has to be joint with the action taken <br />against the City now or could Reilley Estates ask for a mandamus with regard to <br />rezoning. <br /> <br />Mr. Goodrich replied that the court would probably ask them to join the two. <br /> <br />Councilmember Haas Steffen stated that we do not have assurance that the lawsuit will <br />not go forward to which Mr. Goodrich agreed. <br /> <br />Councilmember Haas Steffen stated that it seemed Mr. Dom is making two points - one <br />with regard to the City's need - or not - to rezone at this time and it sounded like he was <br />trying to say the City was enjoined by an agreement with parties who purchased from <br />another Miller. <br /> <br />Mr. Goodrich stated that Mr. Dom primarily has stated that the City should not rezone <br />this property to conform with our 1995 Comprehensive Plan but should wait and rezone <br />according to the future plan currently under study. He's requesting a delay on the <br />rezoning. <br /> <br />Councilmember Haas Steffen stated that if that's what we are looking for, we probably <br />still need to be at that table to find out what is happening. <br /> <br />Mayor Gamec suggested that the City Attorney would be the proper person to sit in on <br />the meetings. <br /> <br />Councilmember Haas Steffen commented that this moratorium is for a 90-day period of <br />time and there are other pieces of property in this City that could be in this same <br />situation. She wondered if the 90-day period should be shortened. <br /> <br />Mr. Goodrich stated that it could be less than 90 days but it takes at least 30 days to get <br />an ordinance passed. <br /> <br />Mayor Gamec stated that in the past we have dealt with issues of this type - the longer it <br />goes on the worse it is. <br /> <br />Mr. Goodrich noted that if you make it 60 days, it would expire on March 17, and that's <br />adequate. <br /> <br />Councilmember Haas Steffen suggested 60 days. <br /> <br />Mr. Dom and Mr. Packer were asked if they had any comments to which they replied no. <br /> <br />City Council/December 8, 1998 <br /> Page 6 of 13 <br /> <br /> <br />