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Mr. Juskiewicz continued that when he moved here, he bought two lots. He loved it up here and the way it was situated. He had no intention of subdividing, but now it's a City right next to me and I might as well sell these lots and make money - the quality of life has already chang&l. Councilmember Zimmerman stated that the City had a Charier amendment that passed by about 80 perceht of the voters. The citizens overwhelmingly voted they do not want City sewer and waier. If we do not follow what the people want, maybe they will vote in someone else riext time. Motion by Coqncilmember Peterson and seconded by Councilmember Beahen to order the project contingent upon the City obtaining a positive appraisal report. Further discussion: Councilmember Zimmerman asked Councilmember Peterson to identify what i he means by a "positive appraisal report". Councilmember Peterson explained that~t' positive. . appraisal would be one that would prove that these properties will be benefitted bY this anprovement. Attorney Goodrich stated he would try to get the appraisal before the next meeting. Mr. Schroeder stated that staff will get the appraisal report and inf6rrm Council of the result. If the report says that the proposed assessments seem to be supportable, then we would have authorization to proceed. If the report does not say that, then we would not proceed. Councilmember Peterson added that it also means that if after interpreting the report, the City Attorney would advise us not to proceed. Mr. Schroede~ stated that this is kind of a windshield appraisal; a full-blown appraisal would have rr$.ore value but could take a couple of months. Councilmember Peterson commented that whatever type of appraisal is obtained will probably be challenged. He asked if it wag determined the benefit was not equal to the assessment cost, would the project be "kill'ed'' to which Mr. Jankowski replied for this year, yes. Motion carried, Voting Yes: Mayor Hardin, Councilmembers Zimmerman, Peterson and Beahen. Voting No: Councilmembers Beyer and Zimmerman. Case #13: .'Adopt Ordinance to Amend City Code Regarding Construction ,'Work Hours Zoning Administrator Frolik stated that on September 12, 1'995, Council introduced an ordinance to att~ end C~ty Code to change the permitted construction work hours from 6:00 a.m. to 10:00 p.m. to 7:00 a.m. to 10:00 p.m. She noted a memorandum from Police Chief Auspos .which says that adoption of this will not allow even the homeowner to work on his home o~ Sunday. He suggested Council take affirmative action to allow work on Sundays using:the same hours. Motion by cotmcilmember Peterson and seconded by Mayor Hardin to table the adoption of this ordinance and send it back to the City Attorney with the idea that we do allow the property owns Sunday activity but that we are not really looking to have commercial construction take place on a Sunday· This would be restricted to an individual/private homeowner. Motion carded. Voting Yes: Mayor Hardin, Councilmembers Peterson, Beahen, Beyer and Zimmerman. Voting No: None. City Council/September 26, 1995 Paee 17 of 22