1988.01.13 CC Minutes - Laserfiche WebLink

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7 MINUTES OF THE SPECIAL MEETING HUGO CITY COUNCIL January 13, 1988 -- 5:15 P.M. The special meeting was called to order by Mayor Atkinson at 5:20 PM. PRESENT: Peltier, Potts, Olson, Vail, Atkinson, Attorney Magnuson, Attorney Johnson, Administrator Huber, Carole LaBelle Attorney Magnuson advised the Council that filing an appeal to the Supreme Court would have to be done by January 14, 1988 or the right to appeal would be relinquished. Mr. Johnson stated that any discussion regarding a settlement should be done in closed session. Mr. Potts stated that he would expect to vote on any item other than a monetary settlement. Mr. Magnuson indicated that because of the diversity of the City of Hugo it may be more difficult to enforce the ordinance and that this type of disagreement should be handled in a political forum and not the legal. Mr. Potts stressed that in this platted area there was one specific use and that is residential. Attorneys Johnson and Magnuson agreed that the appeal process would cost approximately $5,000 and not be heard in the courts for 8 to 10 months. Mr. Magnuson again stated that because of the ambiguity of the ordinance proving each element of the case without a reasonable doubt might be difficult. Mr. Huber advised the Council that trying to negotiate a compromise between the city council members and Mr. Potts may not be in the best interest of all parties at this time. That perhaps the negotiating should be left to the attorneys for all parties. Mr. Atkinson requested that Mr. Potts advise the council what he would require for a settlement. Mr. Potts stated he would request, 1. Sampson's be limited to one tractor trailer. 2. Sampson's park the tractor trailer (joined together) on the west side of the house. 3. The semi be parked in a north south direction. 4. The bumper nearest the road be parallel to the house with the extension being to the north out of the site of the east and west neighbors. 5. The semi shall not be closer to the west property line that 50'. 6. The semi shall be parked in that position at all times or this agreement shall be null and void. 7. Sampsons agree to not park the vehicle in an accessory structure pursuant to Chapter 320. G. Any violation of the above conditions shall make this agreement null and void. 9. All legal fees incurred by Mr. Potts be reimbursed to him. Motion made by Atkinson, seconded by Peltier to authorize Attorney Magnuson to file the necessary documents for an appeal to the supreme court.