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HomeMy WebLinkAboutEMAIL FROM CHRIS WENDLAND (2) Page 1 of 1 NANCY ECKERT From: Chris Wendland [chris.wendland©cbwhlaw.com] Sent: Thursday, April 24, 2008 3:04 PM To: NANCY ECKERT Subject: Power plant Hi Nancy: Aric S. forwarded to me a string of e-mails relating to the special requests Elk Run Energy is making with its annexation application to exempt the area from application/enforcement of certain ordinances. I fully expect the controversy over anything relating to the proposed project to continue long past the council hearing, and I expect that someone will find some reason to appeal the decision. The council's action needs to be very clear. While in other circumstances it may be sufficient for the resolution to be less specific than the motion that approved it, I think in this instance the resolution needs to be just as specific. I thus recommend that the resolution actually approve the annexation request but deny that part of the application that asks to have any part of the City's Code of Ordinances waived for any period of time. Because there will also be P&Z staff recommendations to comply with recommended traffic mitigation measures, etc., the resolution should refer to these as well so the council motion and resolution should simply recite these 4 or 5 items, one of which is denial of the ordinance exemptions. On a related matter, I think I had provided suggested language to you for the rezoning ordinance so that it would not be effective until the annexation process had been completed. We need to be sure tiat the motion to approve also includes this special provision. I would like to see a copy of the ordinance before it goes to the mayor for signature. We had litigation come out of this issue last year (because it didn't specify a later date), so we hope to head that off this time. Thanks. Chris Wendland 4/24/2008