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Regular Council Meeting <br />7/19/93 <br />Page Five <br />by the Constitution and under Supreme Court rulings. It also gives credence to zoning <br />control over the land within your community, constitutionality of referendum zoning <br />(that is having the voters affirm the kind of zorung that they want in their community.) <br />Mr. Diemert said that has been upheld by the United States Supreme Court. Because of <br />tllose rulings which she appears to have contradicted, we believe you have a strong <br />likelihood of success on appeal and would recommend that the appeal take place. <br /> <br />Mayor Rinker said everyone knows where he stands on this. He said we have worked <br />on this too long and the decision makes absolutely no sense. They did too much work <br />on this, presented too much of an argument and what is ironic is that in open court <br />these people as much as conceded that the current zoning is not viable. He thinks it <br />comes down to a question that they want to make more money off the land by a higher <br />density. Mayor Rinker said he thinks we need to make it clear that we are committed to <br />this course. Everyone should speak up now; we must make it understood that we are <br />going to appeal and take this thing as far as we can. <br />Mr. Ferrante, seconded hy Mr. Basile, made a motion that they go ahead with the <br />appeal. <br />Mr. Diemert said we have not received the signed copy of the journal entry yet; we <br />cannot file it until we get it. <br />ROLL CALL: AYES: All <br />Motion Carried <br />NAYS: None <br />Court's Ruling against Ordinance No. 92-34 to be appealed. <br />Repair of Snow Blower (motion to approve an expenditure not to exceed <br />$3,400 to Gibson-Stewart) <br />Mr. Basile, seconded by Mrs. Leppla, made a motion to authorize an expenditure not to <br />exceed $3,400 to the Gibson-Stewart Company for repairs to the snow blower. <br />ROLL CALL: AYES: All <br />NAYS: None Motion Carried <br />Expenditure Authorized <br />Petty Cash Fund for Recreation Committee: