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MINUTES <br />CITY COUNCIL <br />NOVII+IBER 9, 1994 <br />BECKER The City Attorney reported that the City's assessment <br />ASSESSMENT policy has been upheld by District Court relative to <br />APPEAL the Becker assessment appeal. <br />SUPERAMERICA The City Attorney reported that the summary judgement <br />LAWSUIT was heard on November 1, 1994 relative to the <br />SuperAmerica litigation. The City can expect a <br />decision by the court within 90 days. <br />The City Administrator stated that given the direction <br />by the Council at the October 26th closed session <br />relative to the SuperAmerica litigation, there was the <br />need for additional discussion. <br />Mr. Morelan introduced the following resolution and <br />moved its adoption: <br />RESOLUTION NO. 94-11-390 - CALLING FOR A CLOSED SESSION <br />FOLLOWING THE REGULAR COUNCIL MEETING THIS EVENING TO <br />DISCUSS THE SUPERAMERICA LITIGATION <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Morelan, LaValle, Hanson, Scalze, Pedersen. <br />Nays (0). Resolution declared adopted. <br />DIANNA LANE The City Administrator reviewed the City Engineer's <br />RETAINING report dated November 4th regarding the Dianna Lane <br />WALL retaining walls. The Engineer has outlined two <br />corrective options in this report. The first is <br />removal of the existinq wall and construction of a new <br />keystone wall at a cost of approximately $20,000 to <br />$25,000. The second option includes removal of the <br />existing wall and grading the adjacent property to a <br />slope so that wall replacement is not necessary. <br />Estimated cost is $15,000 to $20,000. The <br />Administrator pointed out that the cost of this second <br />option could be further impacted depending on the need <br />for additional comments. While the City Engineer <br />estimates that the vast majority of the existing wall, <br />if not all of it is on City right-of-way, the Engineer <br />is not a registered land surveyor. <br />Morelan stated that the fact that the wall is on City <br />property tells him that the City has some obligation in <br />this matter. Morelan noted that the City Administrator <br />is recommending a 50/50 cost participation in the wall <br />improvement between the City and the benefitting <br />10 <br />