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165 <br />nl 0 <br />a 5 <br />MINUTES <br />OF THE REGULAR MEETING OF THE <br />EDINA CITY COUNCIL HELD AT CITY HALL <br />SEPTEMBER 15, 1980 <br />Answering rollcall were members Bredesen, Courtney, Richards and Van Valkenburg. <br />BOY SCOUT TROOP NO. 48 WELCOMED. <br />No. 45 to the meeting. <br />master Don Schlaefer. <br />MORNINGSIDE AREA GARBAGE CONTRACT TO BE DISCUSSED. <br />garbage contract for the Morningside area will be discussed on October 6, 1980. <br />The Mayor welcomed members of Boy Scout Troop <br />The Troop meets at Calvary Lutheran Church with Scout-. <br />The Mayor announced that the <br />ASSESSMENT HEARINGS CONDUCTED FOR NUMEROUS PUBLIC IMPROVEMENTS. Affidavits of <br />Notice were presented by'Clerk, approved as to form and ordered placed on file. <br />Pursuant to due notice given, public hearings were conducted and action taken as <br />hereinafter recorded. <br />A. LIFT STATION IMPROVEMENT NO. LS-9 IN THE FOLLOWING: <br />East side France Ave. at W. 77th Street <br />Mr. Hoffman recalled that the assessment hearing for Lift Station Improvement No. <br />LS-9 had been continued from the Council Keeting of September 8, 1980 so that the <br />City Attorney could research the Statutes to determine if the City could assess the <br />property and defer the payment of principal installments of the assessment and' <br />interest until a future date and whether the City could decide not to assess the property at this time and charge a connection charge at the time the property is <br />hooked up to the improvement. <br />of any assessment levied upon unimproved property may be deferred until a desig-. <br />nated future year, or until the platting of the property or the construction of <br />improvements upon such terms and conditions and based upon such standards and crit- <br />eria as may be provided by the Council. <br />assess the property inasmuch as the Statute provides that the cost of any improve- <br />ment may be assessed upon property benefited by an iinprovement, based upon the <br />benefits received, and further that the City may pay such portion of the cost of <br />the improvement from general ad valorem tax levies or from other revenues or <br />funds of the City available for the purpose, such as a connection charge upon <br />hookc:;: to the imprzveiner,t. IIe clarified that, if the Clty Were to decide mt to <br />assess the property, it should check to irisure that at least 20% of the cost of <br />the improvement is to be assessed against benefited property or else the City could <br />not issue bonds to finance the cost of the improvement unless the issuance of the <br />bonds is approved at an election. <br />power to amend a proposed assessment as to aEy parcel following the hearing on the <br />assessment and by resolution adopt the same as the special assessment against the <br />parcels of property named in the assessment roll inasmuch as assessments would be <br />increased by approximately 7.5% and that increase is not such a substantial amend- <br />ment trom the proposed assessaent roll so as to require the City to hold a <br />hearing. <br />lift station would not be used no matter what type of development should be con- <br />structed on their property which is located in the Southwest quadrant of York Ave. <br />at W. 76th St. Mr. Fred Hedberg, Jr,,said that Winfield Development should have <br />objecred at the time of the improvement hearing if they did not want to be included <br />in the assessment. <br />some way in which they might not require the lift station either. <br />said that once the assessment is levied, the City has no power to forgive the <br />assessment. <br />he would -have .recommended .the same type of construction for the lift station <br />whether or not Winfield Development had presented their plans before the improve- <br />ment was constructed. <br />constructed'the lift station in good faith and that it must be paid for. <br />man Bredesen then moved that the assessment be levied as proposed. <br />seconded by Councilman Courtney. <br />.: <br />* <br />Mr. Erickson opined that the principal installment <br />He said that the City is not required to <br />' <br />I Mr. Erickson also stated that the- City :has:tIie <br />I <br />flew <br />Mr. Richard-Martens,representing iJinfield Development, said that the <br />He suggested that Hedberg & Sons may develop their property in <br />Mr. Erickson <br />In response to a question of the Council, Mr. Hoffman said that he <br />Councilman Courtney said that he believed that the City had <br />Council- <br />Motion was <br />Ayes : Bredesen, Courtnsy, Van Valkenburg <br />Nays : Richards <br />Motion carried. (See Resolution authorizing assessment later in.finutes.) <br />E. PARKING LOT IMPROVEMENT NO. P-12 IN THE FOLLOWING: <br />Colonial Church of Edina <br />Beigg advised by Mr. Rosland that Colonial Church of Edina has once again re- <br />quested a continuance of the assessment hearing for Parking Lot P-12, Councilman <br />Bredesen's motion continuing the hearing until October 6, 1980, was seconded by <br />Councilman Richards. . <br />Ayes : Bredesen, Courtney, Richards, Van Valkenburg <br />Nays: None <br />. Motion carried.