City Council Agenda and Packet 1982 11 16

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• 11/3/82 Page -12- did feel it was Council' s responsibility if there is ambiguity to clear up this issue. It was hope that the Judge would rule on this issue soon. Councilman Ferrera Inquired what made the Judge an expert on our zoning laws. Counciwoman Morris Commented in response to Councilmen Ferrara and Fauson, that MCIC has requested a Declar- atory Judgement; however according to the Judge's ruling it was a premature request. As far as a special interest group to her that term had a real negative connotation. Felt that Council was responding to a very specific group of people. In any type of situation where there is a type building being constructed and all the surrounding neighbors are extremely concerned, it is Council' s re- sponsibility to respond to their concerns . There is a large group of people on the Mesa asking Council to clarify that the use is correct ; they don't feel it is appropriate for the zoning, and if the Judge says it is o.k. then they will accept that. She felt Council owed this to those citizens to give them that right to respond to those kinds of needs. She cited the needs of the neighbor- hood citizens on the Kosher Burrito concerns which were being addressed as should be done. She agreed that she did not know what the Judge would rule, and Judge's do make mistakes as well; but felt at this point an impartial evaluation is being sought which no one could give at this point. Councilman Ferrera Commented he did not intend for his comments on a special interest group to be negative. Felt that the City may have to go to Court on the Koshier Burrito issue . It may not be clear as stated in the ordinance; but felt Council should make that decision. Felt that people were being represented when a decision is made by Council. Ferrera further commented that Council was split on whether the zoning is proper; but the vote taken reflected that it was a proper use . It was his feeling that the Judge would have no more experience than Director of Community Development Rupp had. Still felt a Declaratory Judgement could be requested on various issues, the City paid for one previously, so would pay for it again.