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Special Session February 22, 2005 Council's diligence, both past and present. After the last comprehensive plan which encouraged new housing development but in a way that was conducive to maintaining neighborhoods, the Council debated how wide side yards should be. It is not just words on a page but represents real effort. Some discussion on these points ensued. Mr. Wagner sympathized with the residents' comments and understood their frustration, but any aspersion on the City Council as the cause of the problems is not right. The core determining factor is case law and it is in the courts that decisions are made. Case law has been made and it is against what "we're trying to do" and it is not the City Council, so he objected to casting aspersion on the City Council and the City staff for causing his frustration. Mr. Ollendorff said the City's zoning standards are regularly reviewed and gone over painstakingly by the City Council. Mr. Wagoner asked why have a plan at all if it cannot be enforced? It gives people a false sense of security by suggesting a plan can be referred to and that something can be accomplished. He does not understand why it does not stand up to case law and asked why not? Ms. Brungardt said this is another instance of how local democracy has been lessened in power. It is unfortunate that we cannot say what we want for ourselves and make it so, but we have a legal system that has run into local democracy. One of the important things to be learned as a community is how to address this issue. Mr. Ollendorff said this is the rule of law and the law cannot be what "Frank and Bob think is nice." It must be spelled out in great detail so that there is understanding for all -it must have measurable standards. Statements do not have any legal meaning. There must be a specific standard and definition before a democratic decision can be enforced. It cannot be based upon what people like or dislike. Mayor Adams added that a standard must be consistent not capricious. Ms. Brot said she is distressed that "people cannot keep a viable neighborhood" that they have built. She does not understand why people cannot continue what they want in their neighborhood. Mr. Ollendorff said the job is to define it so that it can be enforced. Decide what you want to define, come up with specific measures to define it, and take it to the point that seven elected officials agree. Ms. Brot asked why there had to be a huge change and why the neighborhood system of single houses is challenged. We are going to try; we need legal advice and we are going to write something that will stand up in court. Adjournment Mayor Adams said the next regular meeting is Monday, March 7th and declared the Page 4