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Motion by Councilmember Van Wagner and seconded by Councilmember Sorteberg <br />to adopt Resolution #81-129, Adopting Assessments for Street Improvement <br />Project #80-16. (Please refer to resolution file for Resolution #81-129). <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cox, Sorteberg, <br />Reimann and Van Wagner. <br /> <br />CASE 93 ADOPTION OF RESOLUTION ADOPTING ASSESSMENTS FOR STREET IMPROVEMENT <br /> <br />PROJECT #80-17 FOR TUNGSTEN STREET <br /> <br />Motion by Councilmember Van Wagner, seconded by Councilmember Cox, to order <br />a Finding of Facts for Jim Probinino of Anoka Kawasaki (whether or not he <br />should be assessed), and to be put on the Council Agenda for the September 22, <br />1981, Council Meeting. Motion carried. Voting Yes: Mayor Gamec, Council- <br />members Reimann, Cox, Van Wagner and Sorteberg. Voting No: None. <br /> <br />Motion by Councilmember Cox to defer decision on Tungsten Assessments until <br />the September 22, 1981 Council Meeting, seconded by Councilmember Van Wagner <br />for further discussion. <br /> <br />The City Attorney advised the City Council that the Supreme Court is now <br />suggesting that an adversary proceeding be conducted where both the City <br />and landowners/objectors present evidence as to the benefit or lack of <br />benefit the improvement has on the property proposed to be assessed. He <br />advised that the hearing could be before the Council, a committee of the <br />Council or a hearing officer. He further advised that such a hearing is <br />recommended in order to prevail in District Court if an Appeal of the <br />Assessment is taken. The Council determined that in light of the relatively <br />small assessments and the cost of an adversary hearing, the risk of the <br />assessment being overturned by the Court is in effect, a business risk which <br />the Council elects to accept. <br /> <br />Voting Yes: Councilmembers Sorteberg and Cox. Voting No: Mayor Gamec <br />and Councilmembers Reimann, Van Wagner. <br /> <br />Further discussion on motion. Mayor Gamec asked for a roll call vote. <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cox, Sorteberg, <br />Reimann and Van Wagner. Voting No: None. <br /> <br />Council recess at 9:20 P.M. <br /> <br />Mayor Gamec Called the regular Council Meeting back to order at 9:30 P.M. <br /> <br />CASE #4 JAMES REFRIGERATION"S REQUEST FOR FINAL PLAT ~ ZONING REQUIREMENT <br /> <br />FOR UMB, AND SITE AND DESIGN PLAN APPROVAL <br /> <br />Petition presented to Council by Delores Weichelt, 15407 Nowthen Blvd., <br />opposing the proposed superette and self-service gas pumps. <br /> <br />Motion by Councilmember Cox, seconded by Councilmember Reimann to accept <br />petition as presented. Motion carried. Voting Yes: Mayor Gamec, Council- <br />members Reimann, Cox, Van Wagner and Sorteberg. Voting No: None. <br /> <br />C/September 8, 1981 <br /> Page 4 <br /> <br /> <br />