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Regular City Council Meeting Monday,November 6, 2017 Page 9 Councilmember Etten agreed with Councilmember McGehee in general, noting that history had proven that those responsible for the Dorso property were not fa- mous for following through with agreements. However, Councilmember Etten noted that this agreement had been signed by them, and if litigation was necessary this document was much clearer than current enforcement efforts. While agreeing that the document may not be perfect, Councilmember Etten opined that it should result in the site looking much better within two months, with screening and life safety issues having been addressed. Etten moved,McGehee seconded, a motion calling the question. Roll Call Ayes: McGehee, Etten and Roe. Nays: Willmus and Laliberte Motion carried. Roll Call (Motion to Reject Settlement Agreement) Ayes: Willmus and Laliberte. Nays: McGehee, Etten and Roe. Motion failed. Etten moved, McGehee seconded, approval of a Settlement Agreement (At- tachment A) with Dorso Building Company, LLP and Interveners for a peri- od of five years as presented. Councilmember Willmus reiterated his concerns, opining that Dorso and city staff drafted this agreement to Dorso's benefit; and had failed as a city to put forth con- trols to help improve that area. Unfortunately, Councilmember Willmus opined that future City Councils would be looking at the same problem and issues five years from now if not sooner. At the request of Councilmember Laliberte, City Manager Trudgeon confirmed that the fence installation would conform to the city's normal permit process (e.g. height expectations). Councilmember Laliberte noted several places in the agreement without signa- tures, asking if that was an oversight. On page 6, paragraph 15, City Attorney Gaughan responded that the agreement had been signed in counterparts, with several different versions of signature pag- es, but still enforceable without one document being distributed for multiple sig- natures; with copies of those signatures on file with the City Attorney. Further discussion ensued related to sale of the property and conformity with use and stipulations of the settlement agreement.