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MINUTES <br />CITY COUNCIL <br />OCTOBER 10, 1990 <br />the contract may be enforceable as written. The <br />Attorney stated that his firm could do an analysis of <br />the contract, however, it appears that the issue can be <br />reduced to that of workscope. The Attorney suggested <br />that the parties try to reach agreement on which items <br />are outside workscope and assign a dollar value to <br />those items. <br />RECESS At this point in the meeting, 9:30 P.M.., Council took a <br /> short recess. The meeting was reconvened at 9:40 P.M. <br />SCHMIDT Steve Madsen, Price & Bruns, attorney representing Mr. <br />CODE William Schmidt, appeared before the Council regarding <br />VIOLATION the Code violations complaint made by Mr. Schmidt. <br />COMPLAINT <br /> Fahey reported that many of the complaints raised by <br /> Mr. Schmidt in his letter have been addressed by the <br /> City's Building Inspector. Since Mr. Schmidt indicated <br /> that he had not received a copy of the Building <br /> Inspector's report, he and Mr. Madsen were given a <br /> copy. Fahey pointed out that some of the concerns <br /> raised by Mr. Schmidt were civil matters between him <br /> and his neighbor. <br /> Mr. Schmidt raised concern that his neighbor's garage <br /> was rebuilt in 1988 without a building permit and <br /> without complying to required setbacks. <br /> Fahey again pointed out the response of the Building <br /> Inspector, and indicated that if the City has made a <br /> mistake and allowed the garage to be constructed <br /> without adequate setback, he was not going to ask Mr. <br /> Schmidt's neighbor to remove the garage. <br /> Schmidt was concerned that the garage was constructed <br /> without addressing drainage and as a result he has had <br /> to spend $500 to correct drainage problems on his <br /> property. <br /> Scalze stated that she did not believe the City could <br /> force the property owner to install rain gutters on the <br /> garage. <br /> Schmidt stated that the encroachment is what he is <br /> asking the City to address. <br /> Madsen stated that Mr. Schmidt would like to bring the <br /> encroachment issue to the Council's attention. The <br /> main concern is that when the garage was torn down, the <br /> grandfather privileges were lost. However, the garage <br /> Page 15 <br />