1992/06/17 Council Minutes - Laserfiche WebLink

22B June 17,1992 0 Councilman Moser stated he had not been at the hearing but had attempted to listen to the tapes, but there was a recording problem at the end of the hearing and so did not hear a portion of the proceedings. - Vice President Anderson excused Councilman 'Moser from the hearing. Councilman Moser left the Chambers at this time. Vice President Anderson a. Councilmen Campbell, Overstreet, Pope and Diamond all stated they could be fair and impartial in hearing the appeal and rendering a decision. Secondly, Vice President Anderson asked the attorneys representing Burlington Northern and Lowell Civic Association to address the procedural issues as to whether the appeal was, timely filed. Mark W. Stowe, representing the Lowell Civic Association, the Appellants, reviewed the intent of the notice provisions under SOPA and due to technical circumstances the appeal should not be denied. He entered a letter stating the position of the Lowell Civic Association as Exhibit 12. Robert E.- Walkley,- representing Burlington Northern, the Applicant, stated that the original DNS and POD were never withdrawn prior the issuance of the redated versions. Therefore, the original DNS and POD are the only valid determinations at issue and neither was appealed within the 10 day appeal period. He entered a letter stating the position of Burlington Northern as Exhibit 13. Moved Sr Councilman Pope, seconded by CouncilmanCampbell to proceed and decide en the procedural issue of whether the appeal was filed in a timely manner. After much discussion and consideration, roll was celled with all councilmen voting no except Councilman Overstreet who voted yes and Councilman Moser and President Gipson who were excused. Motion defeated. Vice President Anderson announced that the hearing would proceed with the rebuttals,each Party will have five minutes. (