HomeMy WebLinkAbout68-90 RESOLUTIONRESOLUTION NO. 622- t.O
No resolution was ever drafted.
Attached is a copy of the Board of Director
minutes where the resolution was adopted.
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April 17, 1990
Kelley, seconded by Vorsanger, made a motion to appoint John P. Middleton to the
unexpired term and Denny Tune to the term ending April 1, 1996.
Upon roll call, the motion passed by a vote of 6 to 0.
Historic District Commission: Two positions, formerly held by Patricia Page and
Thelma Manske Fuller, with new terms ending April 1, 1993.
Kelley, seconded by Vorsanger, made a motion to reappoint Patricia Page and
appoint James E. Cross.
Upon roll call, the motion passed by a vote of 6 to 0.
Planning Commission: One position, formerly held by Ernest Jacks, with an
unexpired term ending January 1, 1993.
Kelley, seconded by Vorsanger, made a motion to appointing Charles R. Nickle.
Upon roll call, the motion passed by a vote of 6 to 0.
Library Board of Trustees: One position, formerly held by Carol Phillips, with
a new term ending April 1, 1996.
Kelley, seconded by Vorsanger, made a motion to reappoint Carol Phillips.
Upon roll call, the motion passed by a vote of 6 to 0.
OTHER BUSINESS
STANBERRY LAWSUIT APPEAL
City Attorney Rose stated that the Stanberry's had asked for $600,000 for
settlement of what they believed to be inverse condemnation as a result of sewage
spills on their property and in their lake over a period of some 17 to 20 years.
The jury awarded the Stanberrys $260,000. The judgment is in the process of
being negotiated between the attorneys. The only thing left to argue about is
the amount, if any, of the post judgment interest. He recommends that the City
appeal the decision for two reasons: First, there is a substantial amount of
money involved which generally warrants and appeal. Second, he feels there are
some valuable appellate issues to be tried. The chief issue is whether or not
it is necessary for the Stanberry's recovery that they show permanent damage to
their land. We asked the judge for that instruction, and he turned it down.
Jim McCord and Rose both feel that there is certainly an issue upon appeal to
determine whether or not the judge should have instructed on that issue. The
cost of the appeal will approximately $10,000. The length of the appeal is
estimated by year end.
Green, seconded by Lancaster, made a motion to appeal the verdict. Upon roll
call, the motion passed by a vote of 6 to 0.
RESOLUTION 68-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK