City Council Agenda and Packet 1982 11 16

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11/3/82 Page -10- Board of Adjustments Attorney Rautenstraus advised this meeting Neodata - Nov. 18, 1982 was scheduled for November 18, 1982 at 7 :00 P.N. Councilman Leary Commented that he felt fairly strongly that as a member of the Council he was required to uphold the ordinance of the City; however there is a question on the matter and it has become an issue of time, now He felt that the City should seek the Declaratory Judge- ment when the time is appropriate. He would question taking the motion off the table until the Court ruling has been made. Wished to make a motion that the Court be asked to ex- pedite their decision on this case. Councilwoman Morris Wished to clarify that the property owners are not asking for a Declaratory Judgement they are asking for dismissal of the current suit. Rautenstraus said this was correct . She then inquired if we had to wait for that to be done before we could request a Declaratory Judgement, if that is what Council decided to do? Rautenstraus suggested that if there is a pending action requesting a Declaratory Judgement, which he felt there was at this time, for us to file another action basically on the same issue might not make much sense. Councilwoman Morris then asked, when the Judge makes a final determination regarding the pend- ing MCIC suit , would that also then in turn take care of the property owners request, or is it two separate issues that are being dealt with now? Rautenstraus advised, yes it would, that is what the judge would be ruling. He would be ruling on the property owners motion to clarify decision. Morris then stated she would support Council- man Leary's motion that the Judge expedite this matter. Councilman Cussen Commented that until such time as the ruling is expedited he would like to consider recalling the building permits . WAS Councilman Cummings Inquired if it/legally within the right of Neodata to apply for the building permit. Rautenstraus advised they have applied and it has been issued. Pending the Board of Adjustments hearing, however, it was his feeling they would not be proceeding.