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379 Mr. Michael O'Callaghan, representing the Grey Eagle Homeowners Associa- tion, stated that at the annual homeowners meeting on September 17th a vote was taken on Plan 3; 14 voted in favor of the plan, 7 against, leaving the Black's short. He asked the Black's attorneys at the meeting if there were any votes by proxie. He stated he did not know of any democratic process that allows recognition of votes after the fact. He advised he agreed to discuss this matter with the five remaining property owners as a director. He felt some of the property owners had been give erroneous information or were not clear on the issue. Because of this fact he felt it is their obligation to take another vote. He did not think the Black's should object to another vote. He stated the matter is not settled; the majority of the populace has a problem with the plan. Speaking personally, he stated he has a major problem with the plan; it blocks his view to the hillside. He stated he bought and designed his home to provide for the hillside view and he felt there is a morale obligation not to obliterate his view. He stated the first plan satis- fied the surrounding neighbors, was approved by Council, and should be the plan used by the Black's; any change is a vast detriment to the area, such as tremendous grading and adverse impact on the view. He advised he has offered to pay for an outside engineering consultant to try to mediate this problem with the Blacks. He stated he is very frustrated in trying to get the matter settled. He bought his home in good faith, the developer assured him that the PUD conditional of approval would be met, and he relied on the City to enforce the conditions of approval. He concluded by stating he would like to work this out for the best interests of everyone concerned; and that he did not want his view obstructed. Ms. Jan Coburn, 18 Grey Eagle Court, stated she felt this matter should be settled and that any changes that adversely affect the neighbors should be considered. Mr. Tom Plummer, 5 Red Feather Court, stated he supports the Black's ap- plication. He stated the majority of the homeowners are in favor the latest proposed plan but the opponents wont let it die. Mr. Richard Mendonsa, 16 Grey Eagle Court, stated he felt some of the property owners did not hear the whole issue. He reiterated his opposition to the latest proposal presented by the Black's. Mayor Mercer presented a letter from Brian and Judy Nixon, 12 Grey Eagle Court, requesting denial of the appeal based on the findings of the staff report. Mr. Fraser rebutted by stating the Black's have acted in good faith, and that the 67% vote in favor of the project should be honored. There being no further testimony, Mayor Mercer declared the public hearing closed on this item. After discussion, it was moved by Councilmember Butler to approve AP-87- 14, appeal of Thomas Black for approval of PUD-82-10-6M, Grey Eagle Estates, and refer the matter to Planning Commission prior to adoption of the ordinance. The motion died for lack of a second. 11 10-20-87