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MINUTES <br />City Council <br />October 2II, 1981 <br />Mrs. Scalze stated that she did not realize the easement the City <br />presently has was permanent. <br />The Attorney commented that the assessment was deferred on the property <br />because the property is swamp land. <br />The Mayor suggested that the City Clerk research the matter. <br />Gagne Mr. Fahey stated that in tYie Gagne matter he was not in favor of making <br />Matter Mr. Gagne move his building if it does not block the development of <br />the remaining property. <br />Mr. Forsberg stated that the Council was informed by the Attorney that <br />it would be pretty difficult to prosecute Mr. Gagne on anything except <br />the lack of a building permit. <br />The Attorney stated that under criminal law the City could not make <br />Mr. Gagne move the building, but under civi1 law you could. <br />The Attorney also stated that the rezoning of the Gagne property was <br />dependent upon no building in the 60 foot area. <br />Mr. Fahey commented that he was in favor of putting something in Gagne's <br />abstract that he could not develop his property until he moved the garage. <br />The Attorney stated that he understood he was to proceed with criminal <br />proceedings for failure to get a permit. <br />Mr. Fahey suggested that a surveyor shoot the property to determine the <br />exact location of the garage. Fahey stated that it was an expensive <br />proposition and a hardship to make someone move a building if it is <br />not necessary. <br />Mrs. Nardini commented that Mr. Gagne was told not to build in that area <br />and he did. <br />Mrs. Scalze commented that the Attorney should research the condrtion of <br />the rezoning. <br />Mayor Hanson suggested that the City Clerk get this information. The <br />Clerk should research the minutes of the Planning Commission and the <br />Council. <br />Mr. Fahey stated that the subject shou1d be reviewedat the next Counci7 <br />meeting and in the meantime the criminal proceedings should be pursued. <br />The Attorney should also give any recommendation as to civil action <br />necessary to get the building moved. Also the location of the buildiny <br />should be determined. <br />Mr. Forsberg stated that he expected Mr. Gagne to apply for a building <br />permit and he never did. Forsberg stated that he is prepared to take <br />whatever action necessary. <br />Page -18- <br />