City Council Minutes 1983 10 04 - Laserfiche WebLink

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10/4/83 Page -8- Stated there were approximately 6 vehicles located along the street and on the premises. Had spoken with Mr. Ferris in July to find out why this was going on and why something couldn't be done to correct the situation. Ferris indicated to him that there was a litigation going on to try to get the business removed from the neighborhood, and asked that he circulate a petition among the resi- dents which he had done. At the same time this petition was sent to Councilman Cussen and Attorney Rautenstraus. Some of the neighbors spoke with Rautenstraus and he spoke with Mr. Ferris as to the progress of the situation. They were told that the case was in litigation and would go before the Court and the Court date always seems to be delayed as the gentleman does not make court appear- ances. Wished to bring this to council to expedite getting the issue resolved. Attorney Rautenstraus Advised that he did have a definite date - the matter is set for jury trial October 20, 1983 at 3:00 P.M. Further stated a summons was issued with a court date given, at that time any defendant with the policy of the court they have a right to request a con- tinuance before they enter their plea and that is what he did. Therefore, he didn't enter his plea at the date set on his ticket, but a month later because that was the date given for his continuance. He also hired an attorney who filed a couple of motions with the court which delayed the matter further. Rautenstraus also stated that a letter had been sent to Mr. Krieger the early part of the summer stating that it appeared he might be in violation and that he should cease and desist his operation. Mr. Krieger's attorney called him and stated that he didn't feel he was in violation, but would review it and if it was determined that he was in violation would stop operating the business. In the interim nothing happened consequently the summons was issued. In reply to Mr. Lacy's inquiry as to what grounds Mr. Krieger's attorney felt that they were not in violation of the ordinances, Rautenstraus stated basically what we were suggesting happened wasn't really happening.