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Mayor Gamec replied that that was a decision of the Council, noting that there is a 600-foot <br />restriction for cul-de-sac length. <br /> <br />City Attorney Goodrich stated that the issue pertaining to assessments has to do with State law. <br /> <br />Ms. Matilla inquired as to what precluded the City from assessing Menkfeld Trust. <br /> <br />City Attorney Goodrich explained that the owner of the parcel at the time of the improvement <br />hearing is who will be assessed. <br /> <br />Councilmember Hendriksen stated that he had thought that former Councilmember Peterson did <br />a lot combination after the initial hearing to escape two assessments because it occurred prior to <br />the final assessment hearing. <br /> <br />City Attorney Goodrich replied that he did not recall that situation. He noted that Menkfeld <br />Trust did not receive any notice regarding the improvement project so the City is unable to assess <br />them. <br /> <br />Principal City Engineer Olson noted that whoever the owner of the entire parcel was at the time <br />of the public hearing received one notice. <br /> <br />Councilmember Hendriksen inquired if they could continue the public hearing and give notice to <br />the property owner. <br /> <br />City Attorney Goodrich replied that they could not do that because this was the assessment <br />hearing not the improvement hearing. <br /> <br />Councilmember Hendriksen stated that the City would have given notice to the entire property, <br />which has now been subdivided. He suggested that they have met their legal obligation. <br /> <br />Mayor Gamec replied that the City had a similar situation tested several years ago and they lost. <br /> <br />City Attorney Goodrich suggested that the Council complete the public hearing tonight or <br />continue the public hearing and then research the issue further. <br /> <br />Councilmember Hendriksen inquired if the Council could chose to assess either by the foot or <br />per unit. <br /> <br />City Attorney Goodrich replied yes as long as it is fair and equitable. <br /> <br />Ms. Matilla stated that she thought that the City should look at making the assessments equitable. <br />She inquired if the City was going to be adding anything to the local property taxes to offset the <br />City's cost of the project. <br /> <br />City Council/September 24, 2002 <br /> Page 8 of 33 <br /> <br /> <br />