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The city will end up replenishing its fund balance after receiving word from its liability insurance carrier that a concrete communications tower did not sustain enough damage to warrant removal and replacement.

City Manager Joseph Scherer discussed the matter in his report to city council Tuesday evening.

Scherer said City Attorney Geoffrey Davis “feels we have met our legal liability threshold for any future problems so we will not proceed with the tower removal and replacement.”

He said staff would bring a budget amendment back to council at its next meeting requesting the money be reallocated to the fund balance if needed.

At a meeting in September council approved $100,000 for the replacement of the tower, which was struck by lightning on September 10.

In another matter Tuesday council approved a rezoning requested by Wilbur Crawley Jr. for four parcels of land totaling around 21.8 acres.

The rezoning request was to change the zoning classification from R-40 Residential District to B-4 Commercial District.

The properties, according to a memo from Planning and Development Director Kelly Lasky to the city manager, have approximately 870 feet of frontage on the western right of way of Highway 125 and 600 feet of frontage on the southern right of way American Legion Road.

Thus far the developer has not stated any intended uses for the land.