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10 <br />March 14, 1983 <br />Kulaszewicz. Motion carried unanimously. <br />SETTING A PUBLIC HEARING ADOPTING CITY CODE <br />Mrs. Elsenpeter moved to set a Public Hearing for adopting the City <br />Code for April 11, 1983 at 7:30 P.M. Notice to be published two weeks <br />in all three papers and to include publication of the Table of Contents. <br />Seconded by Mr. Kulaszewicz. Motion carried unanimously. <br />OPTIONS FOR THE PUBLICATION OF MINUTES <br />Mr. Schumacher presented his research into the cost of publishing the <br />minutes, either verbatium or as a summary. Some of the papers charge <br />by the line, some cahrge by column inch and some by type styles. <br />After some discussion on this matter, Mayor Benson suggested that the <br />minutes of February 28, 1983 be used as an example and each paper be <br />asked the charges for printing - both ways. <br />REQUEST FOR FUNDS FOR LOBBYING FOR HORSE RACING FACILITY <br />Mr. Schumacher explained this request comes from the Chamber of Commerce <br />and the funds are to be used to finance the lobbying to locate the rac- <br />ing facility in the North area. There is also a group that is seeking to <br />have the facility in Dakato County. <br />After some discussion, Mr. Marier moved to write to the Chamber saying <br />that this Council fully supports them, however, at this time, due to <br />limited funds support is impossible. Anything in the future would be <br />appreciated. Seconded by Mrs. Elsenpeter. Motion carried unanimously. <br />PUBLIC HEARING - SPECIAL USE PERMITS - #27/81 -05 <br />The Public Heaing on these Special Use Permits was opened at 7:30 P.M. <br />Mayor Benson stressed that this is a hearing on just the special use <br />permit and has no bearing on the zoning. The conclusion of the Judge <br />was noted that these special use permits are valid and the Home Owners <br />Association did not file an appeal. This hearing is the review of the <br />special use permit that had been tabled until the judge's decision had <br />been issued. <br />Mr. Hawkins reviewed the case history of this case and made reference to <br />some points in the Judge's decision. His legal opinion was that El <br />Rehbein & Son have vested rights in that property and should be allowed <br />to proceed with construction. <br />Mayor Benson asked for comments from the audience and Dave Cody asked <br />to speak. <br />Mr. Cody went through the history of this case and felt the only thing <br />to be discussed at this hearing was the special use permit 81 -05 and <br />whether that permit is still valid. <br />Mr. Cody pointed out that since the permit has been issued there has <br />never been a legal constraint issued to prevent the construction of <br />homes. He then referred to Ord. #56, Subd. 6.21, which sets the time <br />