Minutes - Council - 09/23/2003 - Laserfiche WebLink

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Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Kurak, Zimmerman, Cook, Elvig, Pearson, and Strommen. Voting No: None. Case#5: Public Hearing and Levy of Special Assessments for the 2003 Street Maintenance Program Mayor Gamec closed the regular portion of the City Council meeting at 7:29 p.m. in order to conduct a public hearing. Public Hearing Mayor Gamec called the public hearing to order at 7:29 p.m. Presentation Mayor Gamec noted that 50% of the cost would be assessed to the property owners and this project met the requirements of the ordinance by sending the letter, publishing in the newspaper, and comments received. City Engineer Jankowski presented the 2003 Street Maintenance Program which consisted of seven individual projects covering 10.14 miles of streets which include 1.03 miles of Municipal State Aid (MSA) streets. He noted that five projects covering 5.69 miles of roadway consisted of sealcoating preceded by the filling of major cracks. Two projects covering 4.45 miles of street consisted of placing a one and one-half inch bituminous overlay over the existing pavement. All projects have been substantially completed and the final costs tabulated. Following the close of the public hearing, staff recommends the Council adopt the draft resolution which levy special assessments on Projects #03-01 through #03-07. Citizen Input Gary Hanson, 14040 Azurite Street, called the Council's attention to Statute 429.03l, preliminary plans and hearings, which clearly states you must have two publications at least one week apart and the hearing at least three days since publication but not more than ten days, notice of the hearing must be mailed to each property to be assessed, and the impact of the assessments must be available at the hearing. He asserted that failure to give mailed notice or any defects in the notice does not invalidate the proceedings but that refers to the award of the contract, not the assessment of the amounts. Therefore, he believes the City is in technical violation of meeting the requirements under this rule. He stated it also relates to the assessment procedures, Statute 429.061. In both cases it states the list to be mailed is on registration with the County by the property rolls and, as noted in City letters and statement, the City did have those rolls and simply failed to make the application accordingly. He stated in regard to specifically the Azurite project, Azurite is a connecting road between McKinley and Industrial Boulevard and, as far as plotted and engineering roads, a residential street not meant for truck traffic and not applicable in design City Council/September 23, 2003 Page 11 of 41