City Council Agenda and Packet 1982 11 16

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11/3/82 Page -14- Dennis Knowlton Wished to express the frustrations that the 955 West Plum citizens have communicating with the Council. Felt they had one shot . He felt that there was one additional thing that had to do with the Declaratory Judgement. It was his under- standing that there was a case in court; now all the sudden there is another thing that has been brought up in Court. The thing had never been judged on the basic issue of making a Declaratory Judgement. It has cost some of the citizens on the Mesa a signifi- cant amount of money. He is not a member of the MCIC, but he was called to give a deposition which cost him $288.00 for attorney fees. He felt this was a lot of money for something he had a personal interest in, but did not volunteer to do that. Stated some very real things had come up in the subdivision out of 30 homes, 10 of them are for sale. He felt the Neodata proposal had some impact on the sale of the homes. One of the homes did not sell because of this issue. Three of the four homes that border on the Neodata proposal in his subdivision are for sale. Felt a per- sonal loss as the value of his property will decline. He stated if the City seeks a Declaratory Judgement , the MCIC will drop the suit. He spoke with Don Edmonds who appealed the issuing of the building permit. He also stated the appeal would be dropped if the City requests a Declaratory Judgement. He felt this would be the solution to the entire issue and would be a much less expensive way to resolve it. Strongly urged Council to seek the Declaratory Judgement. Councilman Leary Commented he still felt that Council would still be on different sides of the issue if we went into Court on the Declaratory Judgement. He was not certain in this case or future cases it is going to cost the City any more money to go this route. Still felt Council should wait for the other ruling. Motion to Expedite the Ruling Councilman Leary moved. Mayor Meier seconded that the Court be asked to expedite the ruling on the MCIC suit that is before them now. Councilman Cussen Commented he was willing to wait until next Council meeting so that the Clerk can be asked what the status of this is. He will at that time entertain a motion that the City seek a Declaratory Judgement.