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August 9, 1976 Page 10 <br />Administrator Achen handed out the draft report for the storm sewer drainage <br />study. There will be a firm representative at the next agenda session, <br />this will allow a week to consider it. <br />Administrator Achen informed the Council that the staff is conducting a <br />meeting this Thursday at 7:00 p.m. for the apartment owners and managers to <br />review the Housing Code. The housing inspector and inspection staff will be <br />conducting this meeting. The staff has requested the Council's presence at <br />this meeting. <br />ATTORNEY MEYERS' REPORT. He said that an assessment had been appealed recently <br />on the Dumes property. Attorney Meyers reviewed the background of this case <br />and stated that the Council had to decide if they want to assess the property <br />and if they do want to assess, on what basis should they do so. The court <br />threw out the entire assessment, including storm sewer. Since this time <br />Mounds View has purchased a 25 foot strip of property, from Mr. & Mrs. Moors, <br />that is inbetween the road and Mr. Dumes' property. Attorney Meyers had an <br />appraiser look at the property and the appraiser said he would testify that <br />100 feet would be assessable. The appraiser said he would be willing to <br />testify up to $5,000 or the 100 feet at $50 per foot. If the Council decides <br />to proceed with the assessment they would have to file notice and go ahead <br />with the assessment hearing. This matter would then be referred to the <br />engineer, administrator and attorney to come up with an assessment similar <br />to what they had previously and then reassess. The Council could also wait <br />until Mr. Dumes decides to subdivide his property. <br />Councilman Shelquist questbned why the appraiser would go with 100 feet. <br />Attorney Meyers stated that the appraiser did not think the improvement was <br />worth $8,100, but he said he would go t th 100 feet as increase in market value. <br />Attorney Meyers pointed out that Mr. Dumes property does not abut the road. <br />MSP (Pickar-Shelquist) to set an assessment hearing for the Pierre Dumes <br />property, Improvement 1973 -4, for September 13, 1976 at 8:15 p.m. 5 ayes <br />Attorney Meyers stated that he had received a copy of a letter from Thomas <br />Hooker Fuller's attorney. Mr. Fuller was terminated by the City. This is <br />a notice of claim. <br />MSP (Pickar - Baumgartner) to direct the attorney to prepare an answer for <br />the claim served by Thomas Fuller in the alloted time. 5 ayes <br />Attorney Meyers reviewed the case of Laxman Sundae against the City Police <br />Department, Chief Grabowski and Captain Hagen. The judge granted the City's <br />request for suinivary judgement in this case so the city is out of the federal <br />case. The judge did not file a memorandum so Attorney Meyers did not know <br />what grounds he granted it on. It is possible that the City could be sued <br />in state court. Art Holmstad was involved with the restraint of this <br />individual so Attorney Meyers could not issue summary on him. <br />ENGINEER HUBBARD had no report. <br />COUNCILMAN SHELQUIST'S REPORT. He asked if the Council should make acceptance <br />of the draft of the storm water report. Mayor Pickar stated that this was not <br />necessary because it was the draft. <br />