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11-26-1984 CC MIN r . REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER 26, 1984 Members Present: Mayor Hinkle, Councilmembers Duitsman, Schuldt and Gunkel Members Absent: None 1 . Agenda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE NOVEMBER 26, 1984 CITY COUNCIL AGENDA. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 2. Heavenly Hills Re-Assessment - Public Heating Mayor Hinkle indicated that the re-assessment hearing was scheduled for the Heavenly Hills improvement project to reconsider the $30,000 for legal contingency that was placed upon the Heavenly Hills assessment roll at the Heavenly Hills assessment hearing held October 22, 1984. Mayor Hinkle indicated that the City Council discussed the $30,000 legal contingency placed upon the assessment of the Heavenly Hills road improvement at the November 5th City Council meeting and it was the consensus of the City Council at that time that they would remove the $30,000 legal contingency from the assessment roll. Mayor Hinkle opened the public hearing. Mr. Cliff Lundberg indicated that the members he was representing from the Heavenly Hills Addition did not have any objections to the reduction of the $30,000. Mr. Lundberg further indicated that there were some errors in parcel numbers, specifically, the Bofenkamp property and the Goulet property. Mr. Lundberg discussed the Goulet property and requested that the City Council describe the parcel assessed by legal description rather than by parcel number, as the proeprty describedihy parcel number included the property along Highway #169 which the City Council determined should not be assessed for the road improvement. The City Administrator indicated that the property to be assessed owned by the Goulets could be described by legal description. Mr. Lundberg questioned whether the people that he was representing must file new letters of objection to the Heavenly Hills assessment. The City Administrator indicated that based upon the City attorney's advice the residents objecting to the Heavenly Hills road improvement assessment must file new letters of objection at the November 26th City Council meeting. The City Administrator further indicated that Mr. Lundberg was provided that information at the November 19th City Council meeting. Mr. Cliff Lundberg indicated that he would submit letters of objection for those that he has received and requested that the City Council authorize him to submit letters signed by himself in behalf of the other residents he was representing. General discussion was carried on regarding re-submission of letters of objection by residents in the Heavenly Hills Addition. It was the consensus that Mr. Lundberg City Council Minutes November 26, 1984 Page Two would submit the letters signed by residents objecting to the assessment hearing and let the courts determine whether any other letters can be submitted. Mr. Cliff Lundberg requested a copy of the City's appraisal of the property in the Heavenly Hills addition. M.r Lundberg further indicated that an appraiser, Mr. Malcom Watson, will provide a detailed appraisal of the property in the Heavenly Hills addition and further indicated that Mr. Watson indicated that the increase in value of the road improvement would be approximately $1,000.00. Mr. Lundberg requested that the City Council continue the public hearing of the Heavenly Hills assessment until December 17th, at which time he should receive a detailed appraisal of properties in the Heavenly Hills Addition. Councilmember Duitsman indicated that he felt the City Council should assess the Heavenly Hills project and furtherindicated that he felt the road improvement did increase the value of the property by at least the amount assessed. COUNCILMEMBER SCHULDT MOVED TO DELETE THE $30,000 LEGAL CONTINGENCY FROM THE HEAVENLY HILLS ASSESSMENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER DUITSMAN MOVED TO ADOPT THE ORIGINAL PROPOSED ASSESSMENT ROLL FOR THE HEAVENLY HILLS IMPROVEMENTS AND TO INCLUDE A LEGAL DESCRIPTION FOR THE GOULET PROPERTY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Heavenly Hills Road Acceptance/Final Pay Estimate Approval The City Administrator indicated that final pay estimate Number 3 to S & L Construction has been submitted for approval and further, recommended that the City Council accept the roads in the Heavenly Hills Addition. General discussion was carried on regarding the road improvement in the Heavenly Hills Addition. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE FINAL PAY ESTIMATE 113 FOR TIlE HEAVENLY HILLS ADDITION IN THE AMOUNT OF $4,451.75 CONTINGENT UPON THE CITY RECEIVING THE NECESSARY FINAL DOCUMENTS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO ACCEPT THE ROADS IN THE HEAVENLY HILLS ADDITION. COUN- CILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. There being no further business, COUNCILMEMBERGUNKELMOVEDTHAT THE MEETING BE ADJOURNED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, Q~fl= 7J~d.1LwJ Phyllis Boedigheimer! City Clerk/Treasurer PB:dk