City Council Agenda and Packet 1982 11 03

Home Browse Search

10/19/82 Page -8- Motion for Declaratory Councilman Leary moved. Councilwoman Morris Judgement seconded that the City seek declaratory judge- ment on the zoning issue regarding the Nielsen project. Councilman Ferrera Inquired if the City seeks a declaratory judgement, an arbitrator, or zoning adminis- trator - what is the process. Attorney Rautenstraus advised that a declara- tory judgement would be Court action. Councilman Fauson Wished to verify if the declaratory judgement required Court action. Rautenstraus stated that is what the motion asks . Councilman Fauson then inquired of Councilman Leary what purpose this would serve - as a self-satisfaction issue? Councilman Leary replied - no. Commented that he felt Attorney Rautenstraus seemed uncom- fortable with the motion, inquired if he would like additional comments . Leary commented his feeling was essentially 3 points - that if the City is correct on the issue as he felt that the zoning was probably correct , wasn't certain, then the City would have no problem in seeking a declaratory judge- ment . If councilmembers have some doubts of whether or not they are fulfilling their ob- ligation to make sure the citizens in the City are being treated under the law; that we are as elected officials protecting their rights . Thirdly, maybe this is the issue of debate - do we trust the judicial system that we have to make this determination. His intent was to assure what was being done was legal. He commented that he was involved with the City at one time in an issue that went to the Supreme Court , which he felt was unfortunate. When we really have a question of this nature that we establish an adversarial relationship between ourselves and the City, when there is a legitimate question trying to get it resolved for the benefit of all involved. He did not want to see the project be constructed; if it was violating the rights of the residents .