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30 <br />March 16, 1987 <br />Attorney James Flannery, representing Will Harris Investments, Inc., was present <br />and stated that Mr. Bumgarner is proposing the purchase of 49% of the corporation. <br />He stated that the Texan Bar has never had a dram shop incident, and was a <br />responsible business in the community. Also present was Gary Thompson, leasee <br />of the kitchen facility at the Texan, and asked that this matter be tabled <br />for 60 days because of possible criminal charges. Mr. Flannery asked that <br />a decision be made prior to April 15th to enable Mr. Bumgarner to use the <br />business for income tax purposes. <br />Motion made by Potts, Peltier seconded, to table the Texan Bar change in corporate <br />structure until the regular Council meeting of 4/6/87. <br />All aye. Motion Carried. <br />6.A Defective Septic System (Robert Olsen) <br />In February of this year, the city received a complaint from a resident on Bald <br />Eagle Lake regarding a possible defective septic system that may be running <br />into the lake. In following up on this request, the city building inspector, Tom <br />Crever, noted that a defective septic system did exist, and that the property <br />owner responsible for same be notified of the situation. On February 27, 1987, <br />the city sent a letter to Mr. Robert Olsen, 12152 Everton, notifying him of the <br />complaint, and requesting that he appear at the Council meeting of 3/16/87 and <br />explain what steps are being taken to abate this nuisance. Maureen Olsen was <br />present at the meeting and stated that she had the septic system pumped and a <br />new pipe installed which should correct the problem. The city will have its <br />inspector make another on-site inspection to determine if the nuisance has been <br />abated. <br />7.A Stanek/NSP Right -of -Way Controversy <br />As per Council direction, the city staff has prepared a report that provides <br />factual information and a recommendation regarding a proceudre the city may want <br />to consider in an effort to resolve this ongoing controversy. The thrust of the <br />recommendation is that the city attempt to secure voluntary easements to <br />provide access to Mr. Stanek's property. If the city is unsuccessful in securing <br />the voluntary easements, the city would then notify Mr. Stanek that the city will <br />not construct a roadway to the site in question at city expense, and if he is <br />serious about development of his property, that he proceed through development <br />and subdivision channels to indicate his firm intent to make a financial invest- <br />ment in this property that would warrant a public roadway. <br />Motion made by Atkinson, Potts seconded, directing the staff to write a letter to <br />affected property owners in the Stanek/NSP right-of-way controvery informing <br />them of the following: <br />1. The City of Hugo does not build roads at city expense. <br />2. If Mr. Stanek wishes to develop his property, that he will be required to <br />submit a development plan along with a financial guarantee to confirm his <br />serious intentions. <br />3. No roadway will be constructed until the city has approved financing <br />and only after receipt of a petition pursuant to Chapter 429 of the Public <br />Improvement Code. <br />All aye. Motion Carried. <br />