CCMin_82Apr28 - Laserfiche WebLink

Home Browse Search

1 MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1982 PA GE 2 fitting property owners. Councilmember Eggert inquired as to whether or not the City needed a legal agreement at this time for the potential closing of Prior to the north and was informed by Mayor lh"arkentien that one Council cannot bind another Council and that Council has the authority to vacate at any time. Councilmember Chestovich asked why American Shelter cannot install the improvements follow-~ng the. City require- ments and was informed by Mayor Warkentien that since the streets and sewers belong to the City, it is proper that the City do the construct- ion and get the job done as desired. Attorney Swanson advised that if the petition for improvements is under Chapter 1129, the City should get an authorization from the fee owners or a copy of the instrument that gives American Shelter the authority to file a petition on behalf of the owners. Council concurred that the Engineer should be authorized to prepare the plans and specifications only if the City obtains the requested written agreement from the bank which is executor of the estate, and from whom American Shelter is making the purchase. Councilmember Eggert felt it was not proper to enter into an agreement with a corporation which is suing the City and he was also concerned because American Shelter does not actually own the land. Mayor N!arkentien explained that by getting authorization from the bank, the bank as fee owner would be responsible. Mayor Warkentien moved, seconded by Councilmember Larson, that Resolution #82-15 be adopted. Motion carried unanimously. RESOLUTION 82-15 AUTHORIZING ENGI1vE'ERS TO PREPARE PLA1vTS AAA SPECIFICATIONS FOR SEWER, WATER AND STREETS FOR RUGGLES AND PRIOR STREETS IN BERNWOOD ADDITION ail Mayor R'arkentien presented a request from American Shelter Corporation for a variance on side yard setbacks of the proposed plat submitted to the Planning Commission by Council at the April 11t, 1982 meeting (Bernwood Additions 2 thru 5). l~(zayor ~~arkentien moved, seconded by Councilmember Larson, that the variance reouest be referred to the Plan.-ling Commission. Councilmember Eggert moved, seconded by Councilmember Chestovich, that the motion be amended as follows: "The reference of the variance request to the Planning Commission vill be contingent upon withdrawal of the law suit". Mayor Y,'arkentien ruled that the amendment was not germane, where- upon Councilmember Eggert contested the decision. Upon a vote being taken to determine if the amendment is germane, the following voted "aye": Councilmembers Eggert and Chestovich, and the following voted "nay": Mayor Warkentien, Councilmembers Larson and Ciernia. Amendment denied. Upon a vote being taken on the motion to refer the variance re gaest to the Planning Con;nission, the following voted in favor thereof : Mayor Warkentien, Councilmsmbers Larson and Ciernia, and the following voted against the same: Coancil:~embers Eggert and Chestovich. Motion carried. ~[\ V AMERICAN SHELTER RECUESTS CITY TO IN- STALL SEV~~R~ VGATER~STREE'i IN BERNl4i00D ADDITION #1 F~'SOLUTIO?~ 8215 VARIANCE REC~UEST FROr' Ah'~RI CAN SHELTER REFEF?~ED TO PLANNING COr~'~J'ISSIOPJ