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Mrs. Michaeloff cited several instances in law under which she felt the matter <br /> • might be referred to a judge for a decision and the City Attorney urged the <br /> couple to weigh the matter carefully with their attorney before entering into <br /> legal action which could prove costly to the applicants and to the City. Mrs. <br /> Michaeloff's request for a return of her building permit application fee was <br /> referred to the City Manager. <br /> Motion by Mayor Miedtke, seconded by Councilman Stauffer to direct the City <br /> Manager and the City Attorney to draft a letter from the Council and Planning <br /> Board urging the FHA. to reconsider their refusal of financing for an R-1 or <br /> R-2 dwelling on the Michaeloff property and that the consideration of the <br /> use of such types of property be referred to the Planning Board with the <br /> suggestion that the mortgageability of such property be taken into account when <br /> the group are redefining the zoning ordinance. <br /> Motion carried. <br /> Mr. Rick Johnson, 2582 Long Lake Road, Roseville, requesting permission to <br /> build a new home over a city storm sewer that runs through Lot 11, Block 11 <br /> Belden Terrace Addition appeared before the Council next. <br /> Mr. Vickrey commented on the recommendations contained in his letter of <br /> August 27, 197+ to the Council regarding the request to build and stated that <br /> the Planning Board minutes of August 201 197h were in error in stating that <br /> the request had been "disapproved of by the City Attorney" saying that his <br /> firm had "strongly advised against the approval of the building plans by the <br /> Building Inspector" . He pointed out the conditions under which an appeal was <br /> • being made to the Planning Board as the Board of Appeals and Mr. Johnson was <br /> asked if he still wanted to appear before the Board of Appeals. Mr. Johnson <br /> said he was withdrawing his request for a hearing before the Board. <br /> Mrs. McGinn gave a short resume of the seminar of National League of Cities she <br /> had attended the previous week and will give a formal presentation to the <br /> Council in October. <br /> The members of the Planning Board and Mr. Fornell left at 9:10 P.M. to work <br /> on the revision of the zoning ordinance. <br /> Mr. & Mrs. Chester Nelson, 3916 Macalaster Drive N.F. had requested that <br /> "excess interest" on assessments be applied to pay off the assessments re- <br /> maining against their property and Mr. Dul.gar and Mr. Comstock explained how <br /> any interest charged to the property owners in excess of that paid for bonds <br /> is used to cover any underassessment of improvement projects or placed in the <br /> construction funds for future improvement projects. Mr. Dulgar told Mrs. <br /> Nelson he could find no record of a stated intention of the 1961 Council to <br /> apply any differences in interest rates to pay off assessments. He pointed <br /> out the impossibility of actually tracking down the specific use of such monies <br /> but mentioned several instances of use of such funds in starting improvement <br /> projects. <br /> Motion by Mayor Miedtke, seconded by Councilman Sauer to deny Mr. & Mrs. <br /> Nelson's request for application of interest to their assessment payments. <br /> Motion carried. <br />