Agenda - Council - 09/22/1981 - Laserfiche WebLink

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I I I I I i I I I I I I I I I I Motion by Councilmember Van Wagner and seconded by Councilmember Sorteberg to adopt Resolution #81-129, Adopting Assessments for Street Improvement Project ~80-16. (Please refer to resolution file for Resolution #81-129). Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cox, Sorteberg, Reimann and Van Wagner. CASE ~3 ADOPTION OF P~ESOLUTION ADOPTING ASSESSMENTS FOR STREET IMPROVEMENT PROJECT #80-17 FOR TUNGSTEN STREET Motion by Councilmember Van Wagner, seconded by Councilmember Cox, to order a Finding of Facts for Jim Probinino of Anoka Kawasaki (whether or not he should be assess.ed), and to be put on the Council Agenda for the September 22, 1981, Council Meeting. Motion carried. Voting Yes: Mayor Gamec, Council- members Reimann, Cox, Van Wagner and Sorteberg. Voting No: None. Motion by Councilmember Cox to defer decision on Tungsten Assessments until the September 22, 1981 Council Meeting, seconded by Councilmember Van Wagner for further discussion. The City Attorney advised the City Council that the Supreme Court is now suggesting that an adversary proceeding be conducted where both the City and landowners/objectors present evidence as to the benefit or lack of benefit the improvement has on the property proposed to be assessed. He advised that the hearing could be before the Council, a committee of the Council or a hearing officer. He further advised that such a hearing is recommended in order to prevail in District Court if an Appeal of the Assessment is taken. The Council determined that in light of the relatively small assessments and the cost of an adversary hearing, the risk of the assessment being overturned by the Court is in effect, a business risk which the Council elects to accept. Voting Yes: Councilmembers Sorteberg and Cox. Voting No: Mayor Gamec and Councilmembers Reimann, Van Wagner. Further discussion on motion. Mayor Gamec asked for a roll call vote. Motion carried. Voting 'Yes: Mayor Gamec, Coun¢ilmembers. COX, Sorteberg, Reimann and Van Wagner. Voting No: None. Council recess at 9:20 P.M. Mayor Gamec Called the regular Council Meeting back to order at 9:30 P.M. CASE #4 JAMES REFRIGERATION"S REQUEST FOR FINAL PLAT - ZONING REQUIREMENT FOR UMB, AND SITE AND DESIGN PLAN APPROVAL Petition presented to Council by Delores Weichelt, 15407 Nowthen Blvd., opposing the proposed superette and self-service gas pumps. Motion by Councilmember Cox, seconded by Councilmember Reimann to accept petition as presented. Motion carried. Voting Yes: Mayor Gamec, Council- members Reimann, Cox, Van Wagner and Sorteberg. Voting No: None. C/September 8, 1981 Page 4