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Settlement Agreement - 2100 Bopp Road

posted Sep 30, 2019, 8:56 AM by City Clerk   [ updated Sep 30, 2019, 9:20 PM by Jonathan Carey-Voris ]

A settlement agreement has been reached in the lawsuit of James Hayes and Erin O’Neill Hayes vs. Board of Zoning Adjustment of the City of Crystal Lake Park, The City of Crystal Lake Park, Robert Giovando and Carol Ann Giovando that was before the Circuit Court of St. Louis County as Cause No. 17SL-CC01093.  With this settlement agreement, all parties agreed they prefer to conclude the lawsuit without having a court to decide the issues.  It is likely that had this case been tried before a jury with an appeal of the judgment, this case would have continued for another 3 or 4 years.  During that time, each party would have incurred significantly more legal fees and expenses. 

All parties and their attorneys in this case worked hard, over a period of several months, to reach a mutually agreeable resolution.  As with any settlement, no party can claim victory and no party can claim defeat.  Each party compromised their position in an effort to enter into this Settlement Agreement.  The parties stated in the Settlement Agreement that by entering into the agreement, no party admits liability or fault.  This Settlement Agreement was entered into voluntarily by the parties and no one was forced to settle.

You may read the entire Settlement Agreement by clicking on the attached document.  In short, the Giovandos agree to demolish the addition to their property at 2100 Bopp Road no later than December 31, 2019.  They also reserve the right to demolish the original structure.  The three lots that are presently owned by the Giovandos are separate, buildable lots with the use and future development of those lots subject to all applicable laws. 

To financially assist the Giovandos, the City will pay them $165,000.  The City will pay $65,000 to the Hayeses. All amounts are to be applied toward their legal expenses.  The payments will be staged with half paid in 2019 and the remaining half to be paid in 2020.

The money to be paid by the City will come from the City’s unrestricted reserves.  There will remain ample unrestricted funds in reserve to meet the City’s financial needs.  In addition to the unrestricted reserves, the City maintains reserved funds that are restricted to the use of capital improvement projects such as streets and Hunter Park.  The restricted fund balances will not be affected by this settlement.  Indeed, the plan to mill and resurface East Drive and Putter Lane this year remain in effect.  The contractor will let us know when that project can be worked into its schedule.  Additionally, the plan remains to engage the public in the process to plan Phase 3 for Hunter Park.  Please bring your ideas to the Community Picnic on October 5 so that we can continue efforts to make Hunter Park a terrific amenity for the residents of the City of Crystal Lake Park.

It is my opinion, and that of the Board of Alderpersons, that this Settlement Agreement is in the best, long-term, interest of the City of Crystal Lake Park and its citizens.  It is time to put this matter behind us.  I urge everyone to set aside any personal opinions, to deal with each other with magnanimity, and to move forward as a united community.

Phillip Bryant

City Clerk,
Sep 30, 2019, 8:56 AM