10-14-81 Council Minutes - Laserfiche WebLink

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MINUTES City Council October 14, 7981 Mrs. Nardini commented that other people have complained about many parties at this residence with bands playing at these parties. Letter To The Flttorney commented that he sent a letter to the owner of the North Trai7er Star Estates trailer park about the additional entrance/exit at the Court park. The Attorney sent the letter registered mail and a receipt was received indicating that the letter has been received. DeBace and The Attorney informed the Council that he turned the DeBace and Gagne Gagne matter over to the criminal prosecutor in his office. After looking Matter over the ordinance> this attorney stated that there are problems with it and it would be difficult to get a judge to sign a complaint in the DeBace matter. The Gagne matter is different because Mr. Gagne does not have a bulding permit. The Attorney does not see any chance for a conviction in the DeBace matter. The reason is that when you have an ordinance that you are trying to enforce in criminal court rather than civil court there cannot be any room for interpretation. Civil court is different. You could get an interpretation of the ordinance in civil court and then go to criminal court with it. In the Gagne matter the City could probably not get a conviction in the conditional use permit matter, but could follow up on the lack of a buitding permit. The Attorney also stated that a lawyer is bound by certain ethics. One of these is that he cannot prosecute someone when he knows he will not get a conviction. This would be a violation of his ethics. Mrs. Scatze stated that she was not in favor of taking the matter to court. Scalze was concerned that the Flttorney intrepreted the City's ordinance one way and the Planner another. The City is trying to enforce its ordinance and the Attorney informed the Council that it cannot do so in a court ofi law. 7he Planner suggested that the City change the ordinance to be more specific so that there is no room for varying interpretations. The Attorney stated that a court will give the person the benefit of the doubt when there are different interpretations. Mr. Forsberg stated that he felt the two situations were different, that in the Gagne case the City rezoned his property on the condition that he not bui1d a structure on 60 feet of property. Mr. Gagne did this and without a building permit. The Attorney stated that the Council should not feel bad that it cannot prosecute as the ordinance is very thick with many sections that have not been tested in a court of law. The Flttorney suggested this section be rewritten so that it will work for the City. Mayor Hanson stated that Mr. Gagne has blocked off the future development of the property to the south. Mrs. Scalze commented that the Council did not get an easement from Gagne, it just told him not to build in this area. Page -20-