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City Council meeting of December 5, 2005 <br />Page 4 <br />behalf of the WB Counseling Center's request, Hugo Elementary School psychologist, Karen Voss, <br />addressed Council stating the need for additional funding as children with mental/emotional needs have <br />been refused treatment because of lack of money. There were no other oral or written comments and <br />Mayor Miron closed the public hearing. The City's 2006 budget will be considered for adoption at the <br />Council meeting of December 19, 2005. <br />TERRY MILLER LAWSUIT DISMISSED BY JUDGE SCHURRER <br />Through LMCTT attorney Jim Thompson, the City of Hugo received notification from Judge Schurrer <br />that he has dismissed the Terry Miller lawsuit against the City regarding the development of the Joyce <br />Seever property. The court cited compelling testimony by CD Director Bryan Bear as a significant <br />factor in reaching the decision favorable to the City. City Attorney Dave Snyder provided Council with <br />an overview of the ruling by Judge Schurrer and what the City can expect to happen in the future. No <br />formal Council action was taken. <br />RECOMMENDATION FOR AMENDMENT TO HOME OCCUPATION ORDINANCE <br />Updating the Home Occupation Ordinance has been one of the goals of the City for the past few years. <br />At a joint Planning Commission/City Council workshop on June 23, 2005, the PC and Council discussed <br />the Home Occupation Ordinance, with a Home Occupation Subcommittee (HOC) being formed as a <br />result of the meeting, consisting of Planning Commissioners Victoria Hoifbeck and Tom Weidt and City <br />Council member Frank Puleo. The Planning Commission held a public hearing to discuss the ordinance <br />on October 27, 2005, and tabled the ordinance to allow staff adequate time to make the requested <br />changes. The PC voted to recommend approval of the draft ordinance at its meeting on November 10, <br />2005. CD intern Andrew Gitzlaff provided a PowerPoint presentation reviewing the proposed <br />ordinance. Council member Haas suggested that the 300 ft requirement to notify adjoining property <br />owners of activity should be increased in the rural portion of the City. Council discussed the proposed <br />changes and suggested that a final draft be prepared for public review with Council finalization at a later <br />date. Planning Commissioner Ron McRoberts clarified certain ordinance changes and resident, Desiree <br />Rodder, wanted clarification as to if/how the proposed ordinance would impact her daycare business. <br />Miron made motion, Granger seconded, to table this draft ordinance until the Council meeting of <br />January 17, 2006 to allow for public comment. <br />All aye. Motion Carried. <br />DISCUSSION ON PETITION FOR PUBLIC UTILITIES ON 129TH STREET (KELLISON) <br />Miron made motion, Haas seconded, to table this matter until later in the agenda. <br />All aye. Motion Carried. <br />Miron made motion, Haas seconded, to remove this matter from table for discussion. <br />All aye. Motion Carried. <br />At its November 7, 2005 meeting, Council tabled a petition submitted by Jim Kellison for public utilities <br />on 129'h Street the December 5, 2005 regular Council meeting. City staff had an opportunity to meet <br />