<br />MINUTES OF THE REGULAR MEETING OF THE
<br />EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
<br />TUESDAY, SEPTEMBER 8, 1970
<br />Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValkenburg
<br />and Mayor Bredesen.
<br />MINUTES of August 3 and 17, 1970, were approved as bubmitted by motion of Councilman
<br />Shaw, seconded by Councilman Johnson and carried.
<br />- 1971 BUDGET PRESENTED.
<br />by State Statute, noting that the proposed budget contemplates a proposed
<br />tax levy of $1,910,203 with an estimated proposed mill rage (for the Village
<br />only) of 23.39,
<br />man VanValkenburg, seconded by Councilman Johnson and carried,
<br />Mr. Hyde presented the 1971 Budget to Council as required
<br />The proposed budget was accepted for review by motion of Council-
<br />STORM SEWER NO. 117 SPECIAL ASSESSMENT LEVIED, Affidavits of Notice were
<br />presented by Clerk, approvcds'ab to form and ordered placed on file.
<br />to due notice given, public hearing was conducted and action taken as herein
<br />after recorded for Storm Sewer No. 117 in the following:
<br />STORM SFNER NO. 117 (Prospect Hills, Kemrich Knolls and Hondo Addition area)
<br />as described in "Notice of Public Hearingtt on page 181 and 182 in this Minutes
<br />Book. Mr. Hyde presented Analysis of Assessment showing total construction
<br />cost of $116,053.09e Extra Ordinary Benefit was given at $7,900.00 with the
<br />Special Benefit (to be levied over the entire district at $108,153.09. It is
<br />proposed to assess the project over 2,584,921 assessable feet at -$0.04184 per
<br />assessable foot as against $0.06295 estimated cost per square foot. Mr. Hyde
<br />recalled that at the Improvement Hearing it was suggested that the project be
<br />assessed with a "no mans Land" for lots from 18,000 square feet to 24,000
<br />square feet. Anyone with a lot up to 18,000 square feet would pay total
<br />square footage for that lot. If a lot was more than 18,000 square feet, it
<br />would be assessed one-half of the additional square footage. Mr. Hyde also
<br />recommended that Lot 15, Prospect Hills, and Lot 4, Block 3, Prospect Hills
<br />2nd'Addition should have provision tihat the balance of the "one-half rate"
<br />assessment should be made if these lots are hivided of further developed. Mr.
<br />Hyde further pointed out that the Assessors and Engineers had proposed extra-
<br />ordinary benefits to low lying lots particularly in Kemrich Knolls, which made
<br />.the storm sewer necessary, and also recommended that the assessment be spread
<br />aver twenty years. Mr, Jerry Kelly, 5801 Kemrich Dnive, objected to the extra-
<br />ordinary benefit of $700 applied to his lot. Mr. Hyde recalled that Mr. Kelly's
<br />lot was the swamp hole for the entire area and that the Village had been
<br />threatened with a suit by builders in this area if the storm sewer had not been
<br />installed. He explained that the Village's method of assessment in declaring
<br />some properties to have extra ordinary benefit has been upheld in court. Mr.
<br />Roy A. Bogen's letter protesting $500.00 assessmedf.-bfoy extraoramhary benefits
<br />for Lat 5, Block 2, Fjeldheim 2nd Addition was noted. Mr. Arnie.Bogen protested
<br />the assessment further, noting that the water runs in from E. P. Johnson
<br />Shannon Drive, also protested that the.i-1: property should not have been cpnsidered
<br />to be extraordinarily assessed. Mr. Hyde assured Mr. Elsing that the Village
<br />would check to see if Mr. Elsing's complaint that his property was filled with
<br />gravel and no black dirt under the sod was justified. Mr. Boyd was told that
<br />the removal of a culvert does benefit the property whether it improves it
<br />aesthetically or not. Following considerable discussion, Councilman Johnson
<br />said that he feels that the Village's assessment policy of extraordinary benefit
<br />is sound and equitable and offered the following resolution and mwed its adoption:
<br />Mr. DarrciZX H. Boyd, 7204 Shannon Drive, and Mr. John W. Elsing, 7202
<br />RESOLUTION ADOPTING AND CONFIRMING
<br />SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
<br />STORM 'SEWER IMPROVEMENT NO. 117
<br />BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
<br />follows :
<br />1. The Village has given notice of hearing as required by law on the proposed
<br />assessment roll for the improvement hereinafter referred to, and at such hear-
<br />ing held on September 8, 1970, has considered all oral and written objections
<br />presented against the levy of such assessments.
<br />2. Each of the assessments as set forth in the assessment rolls on file in
<br />the office of the Village Clerk for Storm Sewer Improvement No. 117 does not
<br />exceed the local benefits conferred by said improvement upon the lot, tract
<br />or parcel of land so assessed, and all of said assessments are hereby adopted
<br />and confirmed as the proper assessments on account of said respective improve-
<br />ment to be spread against the benefited lots, parcels and tracts of land
<br />described therein.
<br />.3. Lot 15, Prospect Hills and Lot 4, Block 3, Prospect Hills 2nd Addition
<br />should have provision that the balance of the $'one-half rate" assessment be
<br />made if lots are divided or further developed.