01-19-1981 CC MIN - Laserfiche WebLink

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~ REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 19, 1981 Members Present: Mayor Hinkle, Councilmembers Duitsman, Schuldt, Toth & Engstrom Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Dick Hinkle. 2. Agenda Item Number 12~, Liquor license application by Mr. Richard Kurth; and Item Number 13~, Attendance at League conference for newly elected officials, were added to the January 19, 1981 City Council Agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN DUITSMJL~ SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Councilman Duitsman corrected Item 7, the Planning Commission appointments and terms, as follows: Councilman Duitsman appointed Harry Kreuser to a two-year term on the City Planning Commission. COUNCILMAN ENGSTROM MOVED APPROVAL, AS CORRECTED, OF THE MINUTES OF THE JANUARY 5, 1981 CITY COUNCIL MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mr. Cliff Lundberg, attorney for the plaintiff in the Peterson Addition Lawsuit, appeared before the City Council to request that the City Council drop their appeal to the Supreme Court, regarding the decision handed down by the District Judge, in the Peterson Addition Lawsuit. Mr. Lundberg indicated that it was the Court's decision that the cost of the signal crossing could not be assessed and, as that was a major part of the City's appeal, Mr. Lundberg suggested that the results of the appeal would be the same as the District Judge's decision. Mr. Lundberg further suggested that the Court would determine that the City would have to re- assess the project costs, based upon benefits received by the property owners. Mr. Lundberg indicated that his clients in the lawsuit wouldcounter-appeal the case to the Supreme Court and further indicated that they would request the Court to determine certain findings based upon the theory that the cost of the crossing cannot be assessed, and also indicated that they would appeal the decision for their attorney fees. The City Administrator suggested to the City Council that they consult with the City's attorney regarding the decision to appeal the District Court decision prior to any discussions with Mr. Lundberg, as Mr. Lundberg is the attorney for the plaintiff. 5. Sanitary Sewer Interceptor Plans and Specifications Mr. Lyle Swanson, of McCombs-Knutson, was present to review the plans and specifi- cations for the sanitary sewer interceptor, to present the preliminary engineering report for the interceptor on the east side of Highway #169, and to answer any questions the City Council may have regarding the report or the plans and specifi- cations. Mr. Lyle Swanson indicated that he had discussed the interceptor project with the property owners along School Street, the owners of the Guardian Angels and Mr. Dietz, and indicated that to allow flexibility of all properties, the interceptor line would primarily follow the property lines. Mr. Swanson indicated