HomeMy WebLinkAbout1988.01.13 CC Minutes7
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.
0
On roll call vote:
AYE: Peltier, Olson, Vail, Atkinson
NAY: none
ABSTAIN: Potts
The regular meeting was recessed, Mayor Atkinson exercised the right to an
executive session to discuss matter relating to Potts vs. Hugo litigation
at 6:55 PM.
The regular meeting reconvened at 7:13 PM.
Motion made by Peltier, seconded by Vail to adjourn at 7:14 PM.
All aye, motion passed.
Carole LaBelle
Acting Secretary