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June 21, 1974 TO: The Honorable Mayor and Membe3rs of the Council FROM: Thomas F. Lewcock, City Manager RE: VN-111, 7-Eleven Service Center, County Road E & Silver Lake Road VN-111 was approved by the Council on March 12, 1974 and contained a series of conditions. As a part of the Council action was the require- ment that the 7-Eleven Service Center should comply with certain site requirements by June 15, 1974. The corrections to the site work have at this date not been completed. Normally, in situations such as this,we would ask the legal department to bring this matter before the municipal court; however, in this case the Council as a part of its motion indicated that if the work was not completed by June 15,'1974, the temporary certificate of occupancy would be subject to revocation by the Council. Therefore, this matter is being brought before the Council in order that the Administration be directed to the appropriate course of action. I have discussed this matter with the City Attorney and the following alternatives are present: 1. That the Council revoke the temporary certificate of occupancy. Such action would probably require a district court injunction and there is question as to whether the certificate can be legally revoked at this time since the certificate was initially issued through September of this year. 2. We could proceed with a standard complaint at the municipal court level and if the property owner was found guilty, could result in a fine or jail sentence. The municipal court, however, lacks jutisdiction to effectively order the site plan to be completed. 3. The City could go directly to the District Court to solicit an order of compliance. " As we review this particular case, it appears that prior to rectification of the site plan question, this matter may come before the District Court on the part of the City or on the part of the land owner. Even if the first two alternatives are selected this would appear to be the case. It is believed that the least costly and the quickest action would occur by going directly to the District Court with this matter. It is this procedure that we recommend to the Council.