HomeMy WebLinkAboutemail from Spivey to Bozynski on meetingMalone, Walter
From:
Bozynski, Tony
Sent:
Wednesday, October 22, 2008 11:03 AM
To:
Moore, Monte; Malone, Walter
Cc:
Carney, Dana
Subject:
FW: Rahling Road resolution
FYI
-----Original Message -----
From: Bill Spivey [mailto:ispiveya7wli.coml
Sent: Wednesday, October 22, 2008 10:12 AM
To: Bozynski, Tony
Cc: tdatersga whitedaters.com; Carpenter, Tom
Subject: RE: Rahling Road resolution
Sure; I just misunderstood you last night, I thought you wanted to meet today.
I'm out on Friday, but Thursday morning most any time is good for me. I'll be happy to review the
resolution and be prepared to discuss with you tomorrow. I'll see if Tim can join us as well.
I know its probably early to be looking for draft ordinances, but I think some serious thought
should be given to how these ordinances are prepared. The language of the Whisenhunt case
should provide guidance to the City for future projects in which the Master Street Plan is extended
via the boundary street ordinance. The Court placed great emphasis on what constitutes a
"public works project". It is our strong opinion that the City has an obligation to recognize any
extension of the existing Master Street Plan through its exercise of police powers under the
boundary street ordinance by labeling and recognizing it as a public works project in the same
way as if the City were to be actually undertaking the construction itself. This is only fair to the
property owners and developers who are compelled to construct public infrastructure in
connection with zoning approvals and even something as ministerial as the issuance of a building
permit. I'm copying Tom on this email and asking that he formally take this into consideration
when reviewing the preparation of these ordinances.
With respect to my comments concerning the Planning Commission minutes, the Court in
Whisenhunt placed great emphasis upon the proceedings of the Planning Commission in arriving
at its decision. Whether you agree or disagree with the result in that case, it is clear that accurate
minutes are now extremely important. You've summarized 20 minutes of presentation by the
Applicant in the land use and rezoning presentations in 9 lines of type, glossing over the
important aspects of the engineering studies and traffic study along the way, while devoting
almost 3 times as much space to the comments of the opposition who were allowed the same
amount of time to present their comments. This presents a biased view, which admittedly the
Staff had coming in to the proceeding, but when read by others, including members of the City
Board, unfairly understates and may, in fact, misstate the Applicants' presentation. In the minutes
addressing the Master Street Plan realignment, the minute taker misidentifies Chenal Properties
as the "only property owner adjacent to the proposed and current Collector alignments." This is
so inaccurate as to suggest that someone who never even looked at the applications or was
present at the hearing prepared the minutes.
We intend to transcribe the proceedings and to prepare a more accurate statement of
proceedings which we will offer to the Planning Commission in substitution for the minutes which
have been circulated and placed on the City website for public consumption. This is not intended
in any way as a criticism of you or your staff, however, given the emphasis placed upon the
minutes by the Court in Whisenhunt and the reliance by members of the City Board of Directors
upon the minutes as a record of the proceedings before the Commission, we feel strongly that
this is necessary to insure essential fairness in the overall process.
I'll see you in the morning and will look forward to receiving the draft resolution.
Bill
-----Original Message -----
From: Bozynski, Tony f maiIto: TBozynskip.1ittlerock ;orcil
Sent: Wednesday, October 22, 2008 8:17 AM
To: Bill Spivey
Subject: RE: Rahling Road resolution
can't meet today. Can we try for either Thursday or Friday in the morning? Around 10:30?
We can fax you a copy of the draft resolution. I need your fax number.
Thank you.
-----Original Message -----
From: Bill Spivey jmailto:istiivey rr wli.caml
Sent: Tuesday, October 21, 2008 7:31 PM
To: Bozynski, Tony
Cc: tdaters(cDwh ited aters. corn
Subject: Rahling Road resolution
Tony:
I have a 9 am appointment tomorrow but I'm clear from about 10 am until 4 pm. Just let us know
when you'd like to meet.
If you have a draft of your resolution which we could review in advance of any meeting, it would
be helpful.
We'd also like the opportunity to review any ordinances which are proposed to be presented on
November 18.
Bill