HomeMy WebLinkAboutgr00090_000038_pg185PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
A regular meeting of Mounds View City Council was called to order by
Mayor Johnson on September 22, 1975, at 7:50 p.m., at Mounds View
city hall, 2401 Highway 10, Mounds View, Mn. 55112
Present: Mayor Johnson Also Present: Clerk -Adm. Achen
Councilman Baumgartner Attorney Meyers
Councilman Shelquist Engineer Bearden
Councilman Pickar
Absent: Councilman Hodges
MSP (Shelquist- Baumgartner)to approve the minutes of September 8, 1975
with the following corrections, Page 5, first paragraph change to 3 Ayes
Baumgartner Naye. Page 6, MSP (Hodges - Shelquist), change to 3 Ayes -
Baumgartner Naye. Page 2, second paragraph, Mr. Waste asked for
"permanent signs" delete temporary. Page 8, change D & D funds to
read DNR funds.
MSP (Shelquist- Baumgarinerccept the minutes September 16, 1975,
assessment hearing as presented.
Mayor Johnson brought the matter of Project 1973 -4 citizen objections
to the assessment to the Council for discussion. He asked Attorney
Meyers to brief Councilmen on what it is they have to consider if they
are to abate assessments or change any of the assessments.
3 Ayes
Pickar Abst.
3 Ayes
Pickar Abst.
Attorney Meyers said State statutues indicate Council may assess a piece
of property based on the benefit derived from the improvement to that
piece of land and the benefit should be relative to the increase in market
value to the land due to the improvement.
Attorney Meyers said at this time all the easements have been granted
either by dedication or by purchase by the City through condemnation proceedings.
Council can award further damages in this proceeding by reducing an assess-
ment.
Mayor Johnson read the objection of Mr. Rubenstein, attorney for Pierre
Dumas, from the September 16th minutes.
Attorney Meyers responded that it was announced at the September 16th
meeting that anyone wishing to appeal could do so to the district court
if they were not satisfied with the assessment. He said there is
nothing in the law that prohibits municipalities from laying out a public
street that serves as many people as possible. If anyone appeals the assessment
the matter would be brought to district court and the assessment could be
upheld or overruled by the court and go back to the city and another hearing
would be held. Or if it came to pass that the assessment was eliminated
the cost of the project would be spread among the other property owners.
The statement that Council gerrymandered the road would have to be
completely an arbitrary and capricious act and in this case it is not in
his opinion.