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

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Councilmember Kurak stated she understands this was an honest mistake but she does not think residents should be charged if they were not allowed to provide input on the project for which they are being assessed. Motion by Mayor Gamec, seconded by Councilmember Elvig, to adopt Resolution #03-09-256 Adopting Assessment for Improvement Project #03-04 (Sealcoat and Crackfill Commercial Street in Business Park 95 Area - McKinley Street; Unity Street; Sunfish Lake Court; Azurite Street (CR 116 to McKinley Street); 140th Avenue (Unity Street to Radium Street); 141~t Avenue (Azurite Street to Basalt Street). Mayor Gamec stated he believes the City made good intent and the City Attorney has recommended proceedings. Councilmember Zimmerman asked how many property owners were not notified. City Engineer Jankowski stated none of the residents involved in Project #03-04 were notified. He stated there are many properties with multiple ownership within Project #03-04 and estimated the number not notified at 47. Councilmember Elvig asked if a public hearing could be held at this point in the process. He noted that the residents may not have any objections to the project. City Attorney Goodrich advised that it is too late to hold the improvement public hearing since that needs to be done prior to award of the contract. The public hearing tonight is the time when residents can speak for or against the project. At this point, the project has been completed. Councilmember Cook noted that only one out of seven property owners is in attendance. Councihnember Zimmerman stated the point is that the residents were not notified. He suggested that a public hearing be scheduled to allow input. City Attorney Goodrich stated another public hearing can be held but nothing can be changed since the project has been completed. Mayor Gamec noted that the resident has the ability to file suit if they object to the assessment. He agreed that a mistake was made but believed the Council needed to move forward Councihnember Cook noted that tonight is a public hearing so if the resident had a complaint on the assessment, tonight is their opportunity to make comment. He noted they were all notified of the public hearing tonight. City Attorney Goodrich stated that is correct. Councihnember Cook stated written notice was received, legal notice published, and only one resident is in attendance tonight which he thinks shows that the rest are in support of the project. City Council/September 23, 2003 Page 14 of 41