05/21/1981 - City Council Special
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MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 21, 1981
A special meeting of the Eagan City Council was held on Monday, may 21, 1981,
at 6:00 p.m. at the Eagan City Hall. Present were all Councilmembers, Administrator
Hedges, City Public Works Director Colbert, City Engineer Rosene, City Clerk Gene
VanOverbeke, Assistant City Attorney Brad Smith and City Attorney Paul Hauge. The
Mayor stated that a notice had been mailed to all Councilmembers on May 20, 1981
and posting took place on the City Hall bulletin board.
Tom Hedges stated that attorney Ken Ketcham had seen the notice and delivered
a proposal for settlement regarding the Thomas Lake/Carlson Lake storm sewer
trunk assessment appeal immediately before the meeting.
The Councilmembers reviewed the letter dated May 21, 1981 in detail including
the proposal that the appellants would pay 25% of the amount assessed under Improve-
ment Projects 257 and 246 with 75% to be paid by the City. Each party would be
responsible for its own costs, attorney's fees, etc., and there would be no future
storm sewer assessments against the appellants' property in the future. Discussion
centered around the possibility that other property owners could object to a
general levy attached to their general tax rates on the basis of duplicate assess-
ment for the same purpose and more importantly the precedent factor was the basis
that the Councilmembers unanimously determined that they would not accept the offer.
The staff and Councilmembers then went into a detailed discussion concerning
procedures for the assessment appeal including the following:
a. The method of relating costs to the assessments levied;
b. Determining the assessment areas;
c. Determining the method of covering costs of improvements including general
tax levy and assessments on a project by project basis or assessments on the basis
of predetermined rates comparable to the method being used currently;
d. The method of determining the benefits to the property;
e. The procedure to be used by the attorney's office and staff in proceeding
with the appeal action.
There was considerable discussion concerning Eagan's storm sewer policy and a
memorandum prepared by Bob Rosene covering the history and method of computing
the assessments was also discussed. Councilmembers stated that they would oppose
a general levy versus the assessment unit method for storm sewer trunk purposes,
and in the event that Judge Martin Mansur should decide against the City at the
initial motion level, an appeal by the City from that determination is possible.
Councilmember Parranto suggested that a cost determination of running individual
storm sewer pipes to the Minnesota River from a specific area to determine comparable
costs. Three alternates for storm sewer systems were reviewed:
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Special Council Minutes
May 21, 1981
Page Two
1. Participation in the current City system;
2. Construction of a pipe from an individual parcel of property to the river;
3. To provide for a personal holding pond and require pumping of the water
on a periodic basis.
The Council discussed giving the City Attorney's office authority to employ
outside special counsel for the purpose of reviewing the assessment methods being
employed by the City and also for the purpose of assistance in the hearing
process.
Upon motion by Smith, seconded by Parranto, all members voted in favor to
resolve that the City Attorney's office be authorized to employ outside legal
counsel in the storm sewer assessment appeal process as discussed above.
Upon motion duly made and seconded, the meeting adjourned at 7:30 p.m.
PHH
CITY Cq~