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City Attorney Goodrich stated that is correct with regard to notice given. In addition, an <br />explanation was provided to the property owner about the mistake made in not sending out notice <br />for the first public hearing. <br /> <br />Mr. Hanson stated the letter did have the assurance that what was done was proper and legal. He <br />stated he is a layperson who read the ordinance and knows the importance in State Statute and <br />State law related to the word "must" which is in a number of locations including as it relates to <br />mailed notice. He asserted that a judge will see that "must" is in the Statute four times. Mr. <br />Hanson stated his objection is that the improvement was not needed and, in the past, when <br />residents objected to other street improvements with culverts, the City decided to not make the <br />improvement. He stated that now these residents are looking at a potentially large assessment for <br />utilities and street reconstruction. <br /> <br />Assistant Public Works Director Olson noted that the future project being mentioned will be a <br />TIF project with curb and gutter, stormsewer, water, and blacktop, none of which will be <br />assessed. <br /> <br />Mr. Hanson stated he believes that taxes for residents still are impacted from TIF projects. He <br />stated he feels that the notice should have been given. <br /> <br />A resident on Okapi stated he is also upset about getting a $700 assessment on the Whispering <br />Pine Estates project. <br /> <br />Councilmember Kurak restated her objection is that the residents were not noticed and allowed to <br />provide input. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Cook, Pearson, <br />Strommen, and Zimmerman. Voting No: Councilmember Kurak. <br /> <br />Case #6: <br /> <br />Public Hearing and Request for Vacation of Easement for Access to City <br />Pumphouse #3; Case of Ramsey Town Center <br /> <br />Mayor Gamec closed the regular portion of the City Council meeting at 7:55 p.m. in order to <br />conduct a public hearing. <br /> <br />Public Hearing <br /> <br />Mayor Gmnec called the public hearing to order at 7:55 p.m. <br /> <br />Presentation <br /> <br />Assistant Community Development Director Trudgeon presented a map of the subject site and <br />explained that as part of tonight's meeting, the Council will be reviewing the proposed final plat <br />for Town Center. The road configuration in the final plat includes a roadway that will be run <br /> <br />City Council/September 23, 2003 <br /> Page 15 of 41 <br /> <br /> <br />