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<br />Meeting Minutes - CC <br />August 8, 1990 <br />Page 7 <br /> <br />-32 months have past since the original assessment and past <br />and current Council members could have brought the case <br />to mediation and not have cost the City the dollar amount <br />it has to pay for the assessments. <br />-The petitioners have extended themselves and they have put <br />their money on the table. <br />-If the City were to pursue option #3, the persons who did not <br />peti tion the courts would have 30 days to appeal the <br />assessment so that they could bring suit against the <br />city. <br />-If the City were to reduce the assessments to $1,100 to the <br />persons who did not originally petition the assessment, <br />it would be an injustice to those who did sue. <br />-He would consider option #2 if the City were to pay the court <br />costs of the petitioners to include appraisals. <br /> <br />Council member Peterson: <br />-He agrees with some of Mayor Haberman's statements. <br />-Persons did go out of their way to bring the case to court. <br />-However, it is not right to ask the rest of the properties <br />being assessed to pay 125% of the assessment. <br />-There is no good way to resolve the issue. <br />-There has to be a means to divide the assessment as close as <br />the City can, and it will never turn out right for all <br />persons. <br />-Feels that something does need to be done with regard to the <br />persons who did not appeal the assessments. <br />-Two wrongs do not make a right. <br />-There may have been some persons who did not appeal which had <br />hardships at the time and could not pay the dollar amount <br />to participate in the litigation, and maybe there were <br />some that just didn't feel they could take the chance. <br /> <br />Council member Pelton: <br />-She was involved in the litigation against the City, but at <br />this point does not feel she will gain or lose by future <br />decisions. <br />-She feels that others have extended themselves to have the <br />opportunity to become involved in the litigation process. <br />-She does agree with Mayor Haberman's statements with regard <br />to repayment of court costs to the petitioners. <br />-She does have a problem with the $1,100 figure in option #2. <br /> <br />The Clerk/Administrator cautioned both Mayor Haberman and Council <br />member Pelton that recommendations or suggestions with regard to <br />options #2 or #3 with the stipulation that petitioners be <br />reimbursed for litigation costs could be a possible conflict of <br />interest. <br /> <br />Council member Burgstahler: <br />