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<br />" <br />~ <br /> <br />TUESDAY <br /> <br />SEPTEMBER 9, 1975 <br /> <br />/,- <br /> <br />A few days ago I called Mr. Worthy and asked for his opinion. He <br />stated, "The way it is zoned now, it is consistent with the <br />comprehensive plan. If we rezone it we will go against our own <br />comprehensive plan. If we leave it like it is, the chances are <br />99-1 that the courts will stand behind the decision. If we <br />rezone it the chances are 80-20 that we will lose the case." <br /> <br />,- <br /> <br />In conclusion, <br />the evidence has been inconsistent and the arguments <br />of each of the opposing parties have merit. Accordingly, the <br />determining factor, in my judgement, is the opinion expressed <br />by our City Attorney who advises that, as a result of his research, <br />it is clear to him that we will go against our own comprehensive <br />plan if we rezone the property to M-3; therefore, I will vote no. <br /> <br />Vice-Mayor Hobson: <br />I don't believe we have had an issue to come before Council <br />which has caused me more concern than the one before us this <br />evening. I have given it serious thought and consideration. <br />I have discussed it with most of the people involved, and I <br />still find it a very hard decision to make. <br /> <br />We definitely need the revenue from the business firm <br />involved; yet, on the other hand, I can not help but take <br />into consideration the people who live in the area. In <br />some instances, they have their life's earnings invested in <br />their homes. The increased traffic and noise pollution <br />would make their area an undesirable place for these people <br />to live. <br /> <br />- <br /> <br />I would like to make it clear that I am not voting tonight <br />for or against any individual involved in the case or the Planning <br />Commission. I am voting the way that I feel in my heart is in the <br />best interest for the City and the citizens of the area <br />involved. So, at this point, I believe I will have to rely to <br />some extent on Mr. (Charles) Barnes, who stated (at the August 26th <br />Council meeting) that the "M-3" classification would not be <br />consistent with our Land-Use Plan. <br /> <br />Attorney Kiser, representing the opposition to the requested rezoning, and having <br /> <br />previously informed Council that he would welcome Council's decision without <br /> <br />further discussion, and with expressed respect for Councilman Lester, <br /> <br />registered an objection to Councilman Lester's participating in the voting on the <br />