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• <br /> 11/3/82 Page 11 - <br /> Councilman Cussen Suggested that the motion be withheld until <br /> the Board of Adjustments meeting of November <br /> 18, 1982. <br /> Councilman Ferret's Inquired if the Judge rules on the Declaratory <br /> Judgement. would that be speedier than if <br /> Council decided to seek it? <br /> Rautenatarus advised that certainly a suit <br /> that is pending before the Court would be <br /> ruled on before a later action was filed. <br /> Ferrer* commented. as stated in the memo. <br /> by requesting a Declaratory Judgement at this <br /> time would set us up to seek other issues <br /> at different times when there is a conterver- <br /> sial issue. It was his feeling we could be <br /> going to Court every few months ; also felt <br /> that as members of the Council they should <br /> be making some decisions , such as what fits <br /> the zoning or what doesn't. Reiterated that <br /> as elected officials they should make the <br /> decision on what the ordinances state, <br /> therefore felt that the citizens did not ex- <br /> pect Court action each time there was a con- <br /> troversy and pay additional Attorney fees <br /> for this . It was his opinion Declaratory <br /> Judgement should not be sought at this time <br /> as it would be required of every special <br /> interest group that comes before Council. <br /> Councilman Fauson Agreed with Councilman Ferrera that a precedent <br /> would be set and wished clarification why <br /> Council would seek a Declaratory Judgement <br /> at this time He too felt this was the respon- <br /> sibility of Council to make the decision. <br /> Remarked that our Planning Director, Mr. Rupp <br /> was very well qualified, as well as City <br /> Attorney Rautenstraus as a legal advisor; <br /> therefore felt there was not sufficient reason <br /> to seek the Declaratory Judgement . He was <br /> of the opinion that the MCIC group should seek <br /> this action. <br /> Councilman Cussen Commented in response to dealing with a special <br /> interest group, and it was his feeling that <br /> they were dealing with such a group and citizens <br /> of this City and there are a great number of <br /> them. who have said they see this as a conflict. <br /> As long as there is some ambiguity to this he <br /> felt counciimembers had a duty and responsi- <br /> bility and do have to make that decision. He <br /> stated he didn 't want to go to Court over <br /> everyone of the decisions or ordinances , but <br />