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special assessment. <br /> <br />Councilmemher Cox asked the City Attorney if there was a way to exclude or <br />designate as a different d/strict those areas that have already paid for stor~ <br />leWerl. <br /> <br />City Attorney Goodrich stated that they have to confor~ to topographic land <br />areas. City Administrator Eartley reported that the city has been consistent <br />with these types of actions; that the city will run into technical problems <br />when it comes to maintenance £f those areas are excluded. City Attorney <br />Goodrich stated that if a separate district including River's Bend, Flintwood <br />Hills Second and Third Additions, Reilly Estates, Rivlyn/Tungsten, Riverside <br />West, Alpaca Estates, Rover's Drive and White Pine Estates were established, <br />maintenance costs could be taken out of the City's general fund. <br /> <br />It was noted by several members of the audience and the City Attorney that in <br />other similar situations, others have paid who have not benefitted; if one <br />pays, they all pay. <br /> <br />Motion by Councilmember Cox and seconded by Councilmember Sorteberg to <br />introduce Ordinance ~86-6 to establish the Mississippi River Drainage District <br />amended to exclude the following areas: River's Bend, Flintwood ~ills Second <br />and Third Additions, Reilly Estates, Rivlyn/Tungsten, Riverside West, Alpaca <br />Estates, Bowers Drive and White Pine Estates. <br /> <br />Further Discussion: City Attorney Goodrich stated that the legal description <br />will exclude the areas listed above which have already been assessed or paid <br />for adequate storm sewer systems. Mr. Goodrich further advised Council that <br />the ordinance may be verbally introduced, but to be finally adopted, it must <br />have a 4/5 vote. Mayor Heitman again noted that the development of the storm <br />sewer was in the developers agreement. <br /> <br />Motion carried. Voting Yes: Councilmembers Sorteberg, Cox and Reimann. <br />Voting No: Mayor Heitman and Councilmember Schlueter. <br /> <br />Motion by Councilmember Sorteberg and seconded by Councilmember Reimann to <br />introduce Ordinance t86-? to establish the Rum River Drainage District. <br /> <br />Motion failed. Voting Yes: Councilmembers Sorteberg and Reimann. Voting No: <br />Mayor Heitman and Councilmember Schlueter. Abstain: Councilmember Cox. <br /> <br />Mr. Hartley stated that Councilmember Cox' abstention on the above motion <br />created a 'no' vote and the motion failed. <br /> <br />Motion by Councilmember Sorteberg and seconded by Councilmember Cox for a 10 <br />minute meeting recess. <br /> <br />Motion carried. Voting Yes: Mayor Heitman, Councilmembers Sorteberg, Cox, <br />Reimann and Schlueter. Voting Ho: Hone. <br /> <br />Mayor Meitman called the meeting back to order at 9:00 p.m. <br /> <br />Mayor Meitman questioned the City Attorney as to whether it would be <br /> <br /> Page 8 of 14 <br /> <br /> <br />