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I <br /> <br />! <br />I <br />I <br />I <br />I <br />i <br /> <br /> I <br /> I <br /> I <br />I <br />I <br />I <br /> <br />1' ''~' <br /> <br />I <br />I <br /> <br />36) Letter dated May 16, 1983 from Building Official Berg to Mr. Tom <br /> Holker regarding property on 181st Avenue NW. <br /> <br />37) Letter dated May 16, 1983 from Building Official Berg to Mr. David <br /> Olson of Boy Scout Pack #376 regarding Arbor Day ceremonies. <br /> <br />38) Letter dated May 16, 1983 from Building Official Berg to Mr. Henry <br /> Hanson regarding the burning on his wooded property. <br /> <br />39) Letter dated May 16, 1983 from Building Official Berg to Mr. Thomas <br /> Decker regarding possTble failure of on-site septic system. <br /> <br />40) Memo dated May 16, 1983 from Building Official Berg to Public Works <br /> Superintendent Mevissen regarding caulking at City Hall. <br /> <br />STAFF REPORTS <br /> <br />a) City Administrator - Council noted. Mr. Schnelle stated that he <br /> would like to discuss with Council a critical areas wetland ordinance. <br /> <br />b) Building Official - Council noted. <br /> <br />c) Police Chief - Council noted. <br /> <br />d) City Engineer - Council noted. <br /> <br />City Engineer Raatikka brought up the James Hunt case regarding easements <br />for discussion at this time. <br /> <br />Mr. Raatikka stated that he and the City Attorney have been trying to <br />negotiate with James Hunt on this project and at the present time are <br />unable to come up with a solution. The City has accepted bids on the <br />project and we are ready to proceed with construction, but first we <br />have to reach an agreement regarding easements with James Hunt. Mr. <br />Hunt wants to know just how much of an assessment he will be receiving. <br /> <br /> City Attorney Goodrich stated that Mr. James Hunt would be receiving <br /> four assessments and assessments are not a negotiable item and legally <br /> Council should not conduct an assessment hearing now on the subject <br /> property. City Attorney informed Council that easement position can <br /> be discussed at this time. City Attorney stated that he has informed <br /> Mr. James Hunt's son, Merlin Hunt, that the assessment can be contested <br /> if and when the property is assessed; at that point he can appeal Council's <br /> ruling and attempt to prove that the property is not benefitted by the <br /> amount assessed. The City would then have to prove that the property <br /> is benefitted by the amount assessed. At that time, the issue would go <br /> to District Court. Right now, Council is limited to discussing <br /> continuation of project and position of easement; or the City can <br /> proceed with eminent domain action. City Attorney stated that Mr. Hunt <br />has been offered a larger dollar amount and Mr. Hunt's position is that <br /> if the City cannot give some assurance regarding the assessment aspect, <br /> they are not willing to negotiate easement. <br /> <br />Merlin Hunt stated that James Hunt attended the original assessment <br />hearing and opposed the project, but the street improvement was ordered <br />in. Merlin Hunt inquired how it happened that his father would receive <br />4 assessments. <br /> <br />C/May 31, 1983 <br />Page 10 of 26 <br /> <br /> <br />