HomeMy WebLinkAboutgr000990_000040_pg173June 14, 1976 Page 13
Mayor Johnson asked Atty. Meyers what the options are at this point.
Atty. Meyers cited Chapter 429 -- the Council is granted authority
to install certain improvements, etc. Without arguing the facts,
what occurred officially on behalf of the city was on July 11,
1975, when the city received a request from Don Paster indicating
that certain work should be done abutting the shopping center
and also indicating that if the city would do the necessary work
they could assess back to the shopping center on a 6 -7 year
period. Secondly, is the Ordinance #231, moving public health
and safety hazards against the Mounds View Shopping Center. It
was adopted as an emergency type proceeding. A certain amount
of money has been spent by the city -- enough of the work has been
done to alleviate any situations that existed and this spring
Council discussed completing or going further. They ordered
the engineer to discover what was the most desirable way of completing
this project. Eng. Bearden came back with his report that the
most desirable way would be to complete,at an estimated $26,000,
and assess back to Mounds View Square Shopping Center on the
theory that they would be benefitted. The only question now is
how much more does the city want to do and that is what this
discussion has been about. You can assess against a benefitted
property owner costs of improvement: 1. that he is benefitted,
and 2. that it increases the market value of the property by the
amount of the assessment. The procedure to follow is under
Chapter 429. After you close the hearing you have 6 months to
determine what you want to order. You can order as much of the
$26,000 or any portion thereof. You cannot assess anyone else
for this improvement because you have not advertised or noticed
anyone else. If it is challenged in the court and the city
assessment is upheld that would be valid subject to appeal rights.
If it is disallowed, you would have to reassess it on a different
basis. Any amounts not recovered would have to be backed up by
general taxes. If you abandon this proceeding and want to assess
a broader area, you would have to readvertise and renotice all
those people who would be benefitted. The only one to assess at
this time is the shopping center. What agreements made verbally
would not be binding.
Mayor Johnson asked Eng. Bearden: Your cost estimate indicates
$2,000 -- for two entrances to the shopping center, Long Lake
Rd. and the service station. Was it our intention to patch that
back up and assess it to the shopping center? Mr. Bearden replied,
"I assume." Mayor Johnson asked if that was also true of Long
Lake 66. Eng. Bearden stated that the city was going to do that.
Mayor Johnson stated that the intent was then to assess the cost
of the bituminous back to the shopping center? The administrator
replied, yes, because these roadway and driveway cuts were necessary
to lower the drainage ditch in front of the shopping center.
The Council was asked for comments; they had none.
MS (Johnson - Pickar) that we take the further construction work
under advisement and table the matter for the time being.