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11-16-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY NOVEMBER 16, 1981 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7: 30 p.m. by Mayor Hinkle. 2. Agenda Item Number 13~, Extension of Sewer Interceptor Completion Date was added to the November 16, 1981 City Council Agenda. COUNCILMAN SCHULDT MOVED TO APPROVE THE NOVEMBER 16, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION.. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN ENGSTROM MOVED.TO APPROVE THE.MlNUTES OF THE NOVEMBER 2, 1981 CITY COUNCIL MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mr. Doug Pitzele, of Sherburne Communications Center, was present to request that the City Council review the burglar alarm ordinance adopted. Mr. Pitzele indicated that he felt people would discontinue their alarm service rather than get it repaired or pay the $50 false alarm fee, and further indicated that he felt there would then be more break-ins and robberies. Mr. Pitzele indicated that he did not feel the false alarm ordinance would solve the problem and sug- gested that an information and education process be used regarding burglar alarms. Councilman Duitsman indicated that he felt the City was not in the business of answering false alarms and felt that the false alarm ordinance would force people to buy alarms and keep their alarms in working condition. Councilman Toth in- dicated that he felt the alarm system was the responsibility of the owner to maintain and repair. Councilman Engstrom indicated that he felt the ordinance would be advantageous to communiciations people because owners of alarms would keep their alarm systems in working order to eliminate false alarms. It was the general concensus of the City Council to enforce the false alarm ordinance as adopted. 5. Purchase of Police Squad Cars The City Administrator indicated that the City staff has solicited bids for the purchase of two police squad cars as authorized by the City Council for 1982, and further indicated that the same specifications were used for the purchase of the 1981 squad car. The City Administrator indicated that bids were received from the three local dealers and. Superior Ford of Plymouth, Minnesota, as fol- lows: 1. Superior Ford - 1982 Ford LTD, $9,539.00 Page Two November 16, 1981 2. Coverleaf Motors - 1982 Chevrolet Impala, $9,879.66 1982 Chevrolet Malibu, $10,182.48 3. Country Chrysler - 1982 Dodge Diplomat, $9,091.60 4. Elk River Ford - 1982 Ford LTD, $9,183.41 The City Administrator also indicated that. the Hennepin County Joint Purchasing Contract for police squad cars for 1982 was to Midway Ford for a Ford LTD in the amount of $9,243.00. The City Administrator further indicated that in the bidding of the squad cars, the City listed as an option, the trade-in of the 1979 Ford LTD unmarked squad car. The City Administrator indicated that the two low bidders, Country Chrysler and Elk River Ford, quoted trade values of $900 and $1,500, respectively. The City Administrator indicated that in review- ing the trade-in value quoted by the low bidder versus the amount that might be received at an auction, it was decided that it was more economical for the City to accept the guaranteed trade-in value of the $1,500 quoted by Elk River Ford. The City Administrator indicated that in consideration of the Elk River Ford price of $9,183.43 for a Ford LTD, and a trade-in value of $1,500 for the 1979 Ford Ltd, it is recommended that the City Council authorize the purchase of the two squad cars for 1982 from Elk River Ford. Councilman Engstrom questioned the specifications for the 1982 squad car. Police Chief, Tom Zerwas, indicated that the specifications were the same as the 1981 LaBar on except for the engine size, as the engine size for 1982 police cars has been reduced to a 302 cubic inch. Chief Zerwas indicated that the police depart- ment would then have four squad cars: 2 - 1982 squads, 1 - 1981 LaBaron, and 1 - 1981 Volare, and further indicated that the Volare would be used as the un- marked squad car. Councilman Toth questioned the cutbacks of State funding and the projected 1982 City budget. The City Administrator indicated that the State has proposed cer- tain cutbacks but, should the cutbacks be made, the City would add one police officer rather than two and would still have the need for the two squad cars. Councilman Duitsman asked if the trade-in value of $1,500 was based on the pur- chase of two squad cars or one. The City Administrator indicated that it is assumed that the trade-in value was based on the purchase of two squad cars but the City staff could verify that with the dealer. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE PURCHASE OF TWO FORD LTD POLICE SQUAD CARS AND A TRADE-IN OF THE 1979 FORD LTD FROM ELK RIVER FORD, IN THE TOTAL AMOUNT OF.$16,866.82. COUNCILMAN.ENGSTROM SECONDED.THE.MOTION. THE MOTION PASSED 4-0. 6. Purchase of Used Grader The City Administrator indicated that the City has received bids for the pur- chase of a used grader, as authorized by the City Council for the 1982 budget, and further indicated that three bids were received with the low bidder being Valley Equipment, in the amount of $21,000 for a 1967 Caterpillar 120 grader. The City Administrator indicated that a new used grader could be used for snow removal as well as road grading, and further indicated that the 1967 Caterpillar Page Three November 16, 1981 has more power and versatility than the road grader the City now owns. The City Administrator indicated that in the 1981 budget, $8,000 was designated in the Street Department for the acquisition of equipment. With this amount subtracted from the $21,000, it leaves a total of $13,000 the City must finance in 1981 in order to purchase the used grader. The City Administrator reconnnended that the City Council authorize the purchase of the used grader from Valley Equipment Company in the amount of $21,000 and that the balance of the $13,000 be paid for through the issuance of certificates of indebtedness for a five-year period. Ken Nelson, the Street Superintendent, was present to answer any questions the City Council may have regarding the used 1967 Caterpillar from Valley Equipment Company. Mr. Nelson indicated that he has inspected the 1967 Caterpillar and further indicated that it was fully equipped with lights, V-plow and wing. Mr. Nelson indicated that Valley Equipment has proposed a trade-in value of $7,000 for the 195# grader and further indicated that the old grader is continually breaking down and requiring maintenance. Mr. Nelson also indicated that the 1967 grader is a much larger grader and much. more capable of doing the work re- quired by the City. The City Administrator indicated that according to the specifications, the City will be allowed a 30 day trial period for this used grader. Councilman Schuldt qu~stioned the amount budgeted for the equipment in the Street Department. The City Administrator indicated that the 1982 budget amount was $18,000 for equip- ment. Discussion was carried on between Councilman Duitsman and the City Ad- ministrator regarding the issuance of certificates of indebtedness. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PURCHASE OF THE 1967 - CATERPILLAR GRADER 120 FROM VALLEY EQUIPMENT COMPANY IN THE AMOUNT OF $21,000 TO BE FINANCED THROUGH SHORT TERM FINANCING OF CERTIFICATES-OFINDEBTEDNESS-FOR-AN-AMOUNT OF $13,000 AND THE BALANCE OF $8,000 TO COME FROM THE 1981 BUDGET. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Change Order for Industrial Park Sewer Laterals The City Administrator indicated that the Elk River Associated Investors group has requested that the City Council authorize a change order in the construction of the sewer laterals for the Industrial Park. The City Administrator further indicated that the first part of the change order is to deepen the lateral line in the Industrial Park for an additional cost of approximately $2,000, which the Associated Investors have agreed to assume as a lump sum on the lot they still retain ownership of in the platted portion of the Industrial Park, and the second park of the change order is requesting the extension of the sanitary sewer later- al across the front of the MoCon property, of which Mr. Oliver has agreed to assume the entire cost of the extension. The City Administrator indicated that Mr. Oliver has requested that the change order for the extension in the amount of $2,000 be assessed by the City Council along with the other Industrial Park assessments and then deferred until such time as Mr. Oliver develops the property. Mayor Hinkle questioned the time limit of a deferment. General discussion was carried on regarding the length of time a deferral of the $2,000 would be allowed. Page Four November 16, 1981 It was the general concensus of the City Council that the $2,000 for the extension of the sewer lateral across the frontage of the MoCon property could be deferred for 10 years. COUNCILMAN DUITSMAN MOVED TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $4,000 TO DEEPEN THE LATERAL LINES IN THE INDUSTRIAL PARK AND TO EXTEND THE SEWER LATERAL ACROSS THE roLL FRONTAGE OF THE MOCON PROPERTY TO THE COUNTY ROAD 1 RIGHT OF WAY, WITH $2,000 FOR THE DEEPENING OF THE SEWER LATERAL. TO BE ASSESSED TO THE ASSOCI ATED INVESTOR ' SLOT, AND THE $2, 000 FOR THE EXTENSION TO BE ASSESSED TO MR. JOHN OLIVER'S PROPERTY WITH THE APPROVAL OF THE EXTENSION COST TO BE DEFERRED UNTIL SUCH TIME AS THE PROPERTY IS DEVELOPED ..I()R A MAXIMUM OF 10 YEARS. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4 O. 8. Breyen Conditional Use Permit - Public Hearing Mayor Hinkle indicated that Mrs. Bonnie Breyen has requested a conditional use permit to sell baking supplies in her home located at 343 Line Avenue. Mayor Hinkle indicated that the Planning Connnission's unanimous reconnnendation was to grant a two-year conditional use permit to Mrs. Breyen as requested, and further indicated that the City's Building and Zoning Administrator finds that the re- quest is in consistence with the conditional use standards for a home occupation. Councilman Schuldt asked Mrs. Breyen the hours she intended to be open to sell the baking supplies. Mrs. Bonnie Breyen indicated that she intended to be open four days a week from 10:00 a.m. to 4:00 p.m. Mrs. Breyen questioned the City Council on the sign regulations for a home occupation. The City Administrator indicated that the ordinance allows for a sign two feet square. COUNCILMAN SCHULDT MOVED TO APPROVE THE CONDITIONAL USE REQUEST BY MS. BONNIE BREYEN TO SELL BAKING SUPPLIES AS A ROME OCCUPATION IN HER HOME LOCATED AT 343 LINE AVENUE FOR A TWO-YEAR.PERIOD. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Dickenson.Zone.Chage..;. Public.Hearing The City Administrator indicated that Mr. Roger Dickenson, at 19101 Jackson Road, has requested a zone change from the current zone of RI-B to C-3. The City Administrator indicated that Mr. Dickenson owns the property north of Lincoln School between Jackson and Highway #169, at which he presently operates a bus service and terminal operation. The City Administrator indicated that Mr. Dickenson has requested a zone change to add a building of approximately 35 by 55 feet, to his present operation. The City Adminisrator indicated that the Planning Connnission unanimously reconnnended denial of Mr. Dickenson's request and further indicated that Mr. Dickenson's request is not consistent with the City's land use map and would create a spot zone of Highway Connnercial in a resi- dential area. }fuyor Hinkle opened the zone change request hearing to the public. Mr. Leonard Henrick indicated that he lived north of the property in question and further indicated that he did not have a problem with the zone change. Mr. Dickenson indicated to the City Council that he has 15 acres of land on which his home and bus garages are located, and further indicated that he wants to keep his operation in that location, but has a need to add 30 or 40 feet to his garage Page Five November 16, 1981 to allow for the washing of his buses. Mr. Dickenson further indicated that as his operation is now a nonconforming use, he is not allowed to build the addition. Mr. Dickenson also submitted a petition to the City Council signed by his neighbors indicating that they did not have a problem with the rezone request. Councilman Toth indicated that questions have been raised about the rezoning request of property along Highway #169 for highway commercial. Councilman Toth further indicated that he felt the shopping center PUD area could be comple- mented by further commercial zoning along Highway #169. Councilman Schuldt pointed out the fact that the City refused selling their five acres along High- way #169 because the proposal to purchase by a local business would have re- quired a rezoning. Councilman Toth indicated that he felt the City should not sell the property rather than the problem of the zone change requirement, and further indicated that he felt the City Council should review the zoning along Highway #169. Councilman Duitsman questioned the distance of Highway #169 that should be considered commercial areas. Councilman Duitsman suggested the City Council postpone a decision on the rezone request by Mr. Dickenson in order to review the request and discuss rezoning of the area along Highway #169 with the City Planner. The City Administrator suggested that the HRA, along with the City Planner, review the possibility of highway commercial zoning along Highway #169. COUINCILMAN DUITSMAN MOVED TO POSTPONE A DECISION ON THE DICKENSON ZONE CHANGE REQUEST UNTIL THE DECEMBER 7th CITY COIUNCIL' MEETING. COUNCILMAN ENGSTROM SEC- CONDED THE MOTION. THE'MOTION'PASSED'4-0. 10. Morvig Zone Change Public Hearing The City Administrator indicated that Mr. Marvin Morvig, Mr. James Keyser and the owners of Danceland have requested that the City Council rezone their property from Rl-B to C-3. The City Administrator indicated that the property is located imme- diately north of Highway 1110 and just west of Highway 1110 bridge over Lake Orono- and further indicated that the Planning Commission voted to approve the rezoning request and alter the City land use map. The City Administrator indicated that the property in question is isolated from the other residential area around the lake and would not cause a problem should it be rezoned to highway commercial. Mr. Norman Camaro, owner of Danceland, indicated that he felt the rezoning would be an assurance to him for the operation of Danceland. Mr. Morvig also indicated that the rezoning would be a safety consideration for ,his operation also, as both operations are now nonconforming uses. COUNCILMAN DUITSMAN MOVED TO APPROVE THE REZONE REQUEST OF MR. MARVIN MORVIG, MR. JAMES KEYSER AND THE OWNERS OF DANCELAND,FOR THEIR PROPERTY LOCATED IMMEDIATELY NORTH OF HIGHWAY #10 AND JUST WEST OF THE HIGHWAY #10 BRIDGE, FROM AN Rl-B, SINGLE FAMILY RESIDENTIAL ZONE, TO A C-3, HIGHWAY COMMERCIAL ZONE, ANb TO AUTHORIZE THE CHANGE OF THE LAND USE MAP TO REFLECT THE ZONE CHANGE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Six November 16,1981 11. Greenhead Acres 3rd Addition Pay Estimate and Cost Overrun The City Administrator indicated that an error had been made by Consulting Engi- neers Diversified in the specifications for the Greenhead Acres 3rd Addition pro- ject for the tree and stump removal. The City Administrator explained that the specifications called for clearing and grubbing trees per tree, with an estimate of 30 trees clearing and grubbing and 30 trees grubbing. Mr. Jeff Roos, of Con- sulting Engineers Diversified, indicated that the specifications were written on a per tree basis as an honest attemp to reduce the cost on the project. Mr. Roos .indicated that Mr. Lloyd Anderson had informed Consulting Engineers Dive~sified that many trees had already been cut in thep~oject and, as they reviewed the site for trees and stump removal, it was impossible to judge the actual street limits:. Therefore, it was Consulting Engineers decision to put a large enough quantity in the specifications to assure a legitimate'"1.mit price.. Mr. Roos indicated that the discussions with Mr. Lloyd Anderson had been held regarding the overrun cost for the tree and stump removal and Consulting Engineers Diversified has agree to credit $5,700 of their fee to the City of Elk River. Mr. Roos indicated that in their con- versations with Mr. Lloyd Anderson, Mr. Anderson indicated that he did not want the controversy to become a legal matter and that Consulting Engineers Diversified made their offer of a reduction in fees in good faith. Mr. Roos further indicated that Mr. Anderson, at this point, is not satisfied with the offer and has indicated that he will meet with his attorney regarding the controversy of the cost overrun. Mr. Roos indicated that Consulting Engineers Diversified would try to release the City from any legal action should legal action be required. Mr. Lloyd Anderson indicated that he felt Consulting Engineers Diversified made a mistake in requesting that the project be bid on a per tree basis rather than a per acre basis, and further indicated that he felt it was inconceivable that Consulting Engineers Diversified should estimate that there would only be sixty trees to be removed in the project. Mr. Lloyd Anderson indicated that he felt there is a $42,000 cost estimate mistake, and further indicated that he does not feel he, the developer, should pay for this mistake. Mayor Hinkle questioned how many acres were in the project if the tree removal was bid on a per acre basis. Mr. Lloyd Anderson indicated that he felt he had six acres and Consulting Engineers Diversified be- lieved there were 12 acres, and further indicated that he believed the trees and stumps removed should have been done at a fee of approximately $800 per acre to $1,500 per acre;~ Mr. Lloyd Anderson indicated that his attorney indicated that the City could not be released from any legal action should legal action be required to solve the controversy. General discussion was carried on between the City Council, Mr. Jeff Roos of Consulting Engineers Diversified, and Mr. Lloyd Anderson, the developer of Greenhead Acres 3rd Addition, regarding the wording of the contract on the trees and stump removal of a cost per tree versus a cost per acre basis. The City Administrator indicated that the second pay estimate, in the amount of $56,107.74, did include the change order for the tree removal overrun costs. General discussion was carried on regarding the number of trees actually removed in the project. Mr. Terry Mauer indicated that the pay estimate does include the actual amount of trees removed and grubbed. Councilman Toth indicated that he Page Seven November 16, 1981 did not want to approve the pay estimate request by Buffalo Bituminous until a discussion could be held with the city attorney regarding the legal responsibilities of the City should they approve the pay estimate, which would include the change order for the cost of tree removal overrun. COUNCILMAN DUITSMAN MOVED TO POSTPONE THE APPROVAL OF BUFFALO BITTIMINOUS' PAY ESTIMATE NUMBER 2 FOR GREENHEAD ACRES 3RD ADDITION UNTIL THE DECEMBER 7, 1981, CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION. THEMO- TION PASSED 4-0. 12. Interceptor Pay Estimate Number 4 Mr. Chuck Wilson, of McCombs-Knutson, indicated that Inspector Jeff Ames has approved pay estimate #4 to Northdale Construction in the amount of $47,918.57 and has recommended payment. General discussion was carried on between Mr. Chuck Wilson and the City Council regarding the de-watering of the project and the timing of the completion of the project. Mr. Wilson indicated that the pipe laying should be completed by Friday, November 20th, 1981. COUNCILMAN TOTH MOVED TO APPROVE PAY ESTIMATE #4, TO NORTHDALE CONSTRUCTION IN THE AMOUNT OF $47,918.57. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Senior Citizens Special Assessment.Policy The City Administrator indicated that at the sewer. interceptor assessment hearing the City Council agreed to allow for the deferment of assessments for senior citizens and further indicated that the City Council, according to state statutes, shall adopt a resolution , establishing the standards and guidelines determining the criteria for the qualifications of a senior citizen applying for the deferment. General discussion was carried on regarding the guidelines recommended for adopt- tion by the City Councill COUNCILMAN ENGSTROM MOVEP TO APPROVE RESOLUTION 81~57, A RESOLUTION ESTABLISHING STANDARDS AND GUIDELINES 'FOR THE QUALIFICATIONS OF THE SENIOR CITIZEN ASSESSMENT DEFERMENT POLICY. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMAN DUlITSMAN lAND' TOTHi ABSTAINED. 13~. Extension of the Sanitary Sewer Interceptor Completion Date Mr. Chuck Wilson of McCombs-Knutson, recommended to the City Council, that the City Council extend the completion date for the sanitary sewer interceptor to December 1, 1981, for the acceptance of the pipe, and further recommended that the City Council..allow One month carryover for the cleanup of the project. COUNCILMAN TOTH MOVED TO APPROVE THE EXTENSION OF THE COMPLETION DATE OF THE SANITARY SBWER INTERCEPTOR TO DECEMBER 1, 1981, FOR THE ACCEPTANCE OF THE PIPE AND TO ALLOW A ONE MONTH CARY OVER FOR CLEANUP OF THE PROJECT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Fage Eight NQvembeJ;' 1,6, 1981 14. Acquisition of Riverside Bar and Lounge The City Administrator indicated that Mr. Barney Gustafson has made a counter offer to the City of Elk River regarding the acquisition of the Riverside Bar and Lounge in the amount of $30,000 in cash and the cancellation of his note. The City Administrator further indicated that the City 'Of Elk River would then re- tain ownership of the property covered under the note, of which the salvage value is approximately$S,OOO. Mr. Barney Gustafson asked the City Council to refund approximately $2,SOO for personal property taxes and for a refund on his liquore license. Councilman Duitsman indicated that he did not feel the City should be responsible for a tax liability and further indicated that the City does not refund liquor license fees. Mayor Hinkle indicated that he' felt the City of Elk River needs the extra space for Council chambers and further indicated that the input he has receiv~d from citizens encouraged the City to purchase the Riverside Bar and Lounge if an agree- able purchase price could be negotiated. Councilman Engstrom indicated that he approved the most recent offer of $30,000 in cash and the cancellation of the note of approximately $27,000. General discussion was carried on between the City Council and Mr. Gustafson, regarding the inventory of the property covered under the note, and what items belonged to Mr. Gustafson. COUNCILMAN DUITSMAN MOVED TO APPROVE THE OFFER FOR THE ACQUISITION OF THE RIVERSIDE BAR AND LOUNGE FOR THE AMOUNT OF $30,000 IN CASH AND THE CANCELLATION OF THE NOTE OF APPROXIMATELY $27,000, WITH PAYMENT TO BE OBTAINED FROM THE $49,486 UNDESIGNATED CITY IMPROVEMENT FUND BALANCE AND. THE. BALANCE. FROM. THE CITY COUNCIL CONTINGENCY. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN TOTH OPPOSED. IS. Administrator's Update A. Liquor Store Inventory The City Administrator indicated that the approximate liquor inventory on November IS, 1981, was $243,939.00, and further indicated that it was deter- mended that the liquor store is now currently carrying 886 separate varieties of wine. The City Administrator reconnnendedthat the wine selection carried by the liquor store be cut and that the stockpiling of inventory in liquor is not necessary. The City Administrator further indicated that it was his rec- onnnendation that the City Administrator or the Deputy City Clerk review all purchases for the liquor store. Councilman Toth indicated that he felt depart- ment heads should have the responsibility of running their department and should not have to come to the City Administrator for approval and guidance in their department. It was the general concensus of the City Council to have the City Administrative Office approve all purchases for the liquore store. B. Sanitary Sewer Interceptor No further discussion C. Rail Corridor Improvements The City Administrator indicated that the plans of the State to do striping Page Nine November 16, 1981 at Jackson and Highway #10 have been postponed indefinitely. The State indicated that it was their .feeling that because of the differences in surface between pavement and blacktop, people would not pay attention to the striping lines, and further indicated that resurfacing is planned for 1983 and then striping may be possible. The City Administrator also indicated that a communi- cation line is to be installed with the railroad to notify and stop any trains should an emergency occur and require the tracks to be clear. The City Ad- ministrator indicated that this communication telephone line would be, tied into the SherbufneCounty dispatcher for notification of an emergency and further indicated that the Police Chief, City Administrator and County Sheriff 'would have access to the number. D. Sale of Property on Highway #169 The City Administrator indicated that he had met with Mr. Dexter Mapson re- garding the .purchase of the proPerty in the Industrial Park for the City of Elk River street departmen~m:a.intenance building. The City Administrator further. indicated that there was a concern of the land being too wet for con- struction of a building and suggested that Mr. Mapson acquire soil borings on the property. E. Custom Motors Conditional Use Permit Compliance The City Administrator indicated that according to the memo from Mr. Rick Breezee, Building and Zoning Administrator, to the City Administrator and City Council, Custom Motors informed Mr. Breezee that although they are aware of their requirement of screening the entire property, there is absolutely no way they could afford to do such a requirement. Councilman Duitsman indica- ted that he felt Custom Motors has committed to provide a buffer of evergreens or similar shrubbery from the adjacent property owners and further indicated that he felt they must be required to comply with the conditional use permit or have the permit revoked. F. Peterson Addition Lawsuit The City Administrator indicated that the Supreme Court has handed down a de- cision on the Peterson Addition Lawsuit and further indicated that the Supreme Court decision was in agreement with the District decision. The City Admini- strator indicated that the City would have to re-assess the improvement pro- ject and that the City could not assess for the safety portion of the railroad crossing. The City Administrator further indicated that the Court did not award attorney fees. Councilman Duitsman suggested that the re-assessment of the cost for the improve- ments be done as soon as possible. Mr. Bob Fritz questioned when the City would do the re-assessing of the project. The City Administrator indicated that the decision came too late to be able to re-assess the property in 1981 for payment in 1982 so therefore, the re-assessing would be done sometime between January and September of 1982. Mr. Fritz indicated that with the assessments as they are now, he is paying more than he will have to pay aft€r the re-assessment and asked that the City re-assess the project as soon as possible. Page Ten November 16, 1981 16. Check Register I I COUNCILMAN SCHULDT MOVED TO APPROVE THE NdVEMBER 16, 1981 CHECK REGISTER. COUNCIL- :t:::::~:~NDED TijEMOTIO~. .1m MOrUASSED 4-0. Dickenson Zone Change Request and Pay Esti~ate and Change Order for Greenhead Acres 3rd Addition are items tentatively s heduled for the December 7, 1981 City Council meeting. 17'. There being no further business, COUNCIL SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MTION. THE MOTION PASSED 4-0. I I I Respectfully submitted, QYr1L tJoery~ Phyllis Boedigheimer Deputy Clerk/City Treasurer PH:dkk