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PROCEEDINGS OF THE CITY COUNCIL <br />CITY OF MOUNDS VIEW <br />RAMSEY COUNTY, MINNESOTA <br />A regular meeting of Mounds View City Council was called to order by <br />Mayor Johnson on September 22, 1975, at 7:50 p.m., at Mounds View <br />city hall, 2401 Highway 10, Mounds View, Mn. 55112 <br />Present: Mayor Johnson Also Present: Clerk -Adm. Achen <br />Councilman Baumgartner Attorney Meyers <br />Councilman Shelquist Engineer Bearden <br />Councilman Pickar <br />Absent: Councilman Hodges <br />MSP (Shelquist- Baumgartner)to approve the minutes of September 8, 1975 <br />with the following corrections, Page 5, first paragraph change to 3 Ayes <br />Baumgartner Naye. Page 6, MSP (Hodges - Shelquist), change to 3 Ayes - <br />Baumgartner Naye. Page 2, second paragraph, Mr. Waste asked for <br />"permanent signs" delete temporary. Page 8, change D & D funds to <br />read DNR funds. <br />MSP (Shelquist- Baumgarinerccept the minutes September 16, 1975, <br />assessment hearing as presented. <br />Mayor Johnson brought the matter of Project 1973 -4 citizen objections <br />to the assessment to the Council for discussion. He asked Attorney <br />Meyers to brief Councilmen on what it is they have to consider if they <br />are to abate assessments or change any of the assessments. <br />3 Ayes <br />Pickar Abst. <br />3 Ayes <br />Pickar Abst. <br />Attorney Meyers said State statutues indicate Council may assess a piece <br />of property based on the benefit derived from the improvement to that <br />piece of land and the benefit should be relative to the increase in market <br />value to the land due to the improvement. <br />Attorney Meyers said at this time all the easements have been granted <br />either by dedication or by purchase by the City through condemnation proceedings. <br />Council can award further damages in this proceeding by reducing an assess- <br />ment. <br />Mayor Johnson read the objection of Mr. Rubenstein, attorney for Pierre <br />Dumas, from the September 16th minutes. <br />Attorney Meyers responded that it was announced at the September 16th <br />meeting that anyone wishing to appeal could do so to the district court <br />if they were not satisfied with the assessment. He said there is <br />nothing in the law that prohibits municipalities from laying out a public <br />street that serves as many people as possible. If anyone appeals the assessment <br />the matter would be brought to district court and the assessment could be <br />upheld or overruled by the court and go back to the city and another hearing <br />would be held. Or if it came to pass that the assessment was eliminated <br />the cost of the project would be spread among the other property owners. <br />The statement that Council gerrymandered the road would have to be <br />completely an arbitrary and capricious act and in this case it is not in <br />his opinion. <br />