Minutes-09/14/1988

Stratton: Why not proceed then? Michel: Yes. Spivey: The attorney has the specifics. Michel: We'll draft a complaint and send it to you (Spivey) for signature. Hart reported that street repair bid from L.L. Pelling, without Brown Street, totals between $15,000 and $16,000. Brown Street would be another $3051. The only way to make the project fit into the budget is to delete work on Brown Street. Morgan: The dead end sign did not work. hart: The patching due to sewer work on Railroad Street added extra cost to the contract. Some intersections need to be reground and reshaped. Could narrow down the width in some areas. Clerk: If council feels strongly enough, they can amend the budget to cover the cost. This would reduce your carry over of road use tax money for next year, but you do have a little leeway here. Stoner: Is there any way we could do it all? Hart: Possibly single seal coat it. Stratton: That'll keep down the dust. Hart: If the contract is approved tonight, Pelling could start work tomorrow. Motion Stoner second Stratton to approve contract with L.L. Pelling for street repair as specified to Engineer Mike Hart at an approximate cost of $16,000. Carried unanimously. Hart reported that sewer problems were result of terrible job in putting lines into houses built after the system was installed. The infiltration problem still exists to some extent, but the repairs that were done should protect the integrity of the system. Motion Stratton second Morgan to approve payment to Smelser Construction in the amount of $10,378.13 for repairs to sewer systems. Carried unanimously. John Schneider requested rezoning of Lot 11 of Sadler Subdivision from R-2 to C-1 because he would like to expand the Ice Cream Store. The game room is four feet from the lot line now. He plans to install a walk-in cooler, inside seating, expand game room and possibly remain open year around. Motion Spivey second Eggers to refer request by John Schneider to rezone Lot 11 of Sadler Subdivision from R-2 (duplex) to C-1 (commercial) to Planning and Zoning Commission. Carried unanimously. Discussion of drainage problem at 211 W. Second Street where Earl Stratton put cement driveway up to the road. Morgan: I thought we already told him to break it up. Clerk: The council instructed Mr. Greenleaf to send notice to Earl Stratton a few months ago. Michel: Our office represents both the city and Earl Stratton. We can't be the attorney for both parties. We cold act as a mediator. Potter: He's in violation of the ordinance. Work it out between the two of you. Michel: Lynch and Greenleaf are part of the same office. We can't tell Lynch what to tell his client. If Stratton agrees we could act as a go between to figure something out. We could not act as attorneys, just as mediator. Potter: What do you suggest? Michel: Go that route. Morgan: How long did your office know of this conflict of interest and you're just telling us now?