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I <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />City Council Regular Meeting Minutes <br />February 26, 2013 <br />Page 3 <br />V. <br />City Engineer Hubmer felt there would be limited benefit to doing both and stated the City is <br />currently within the State standards for phosphorous content but does not currently meet State <br />standards for water clarity. He further explained that the City has an obligation to reduce its <br />discharge to Silver Lake as well as a requirement to reduce the nutrient load allocation for the <br />impairment on Silver Lake. He pointed out that Silver Lake has been looked at as a model for <br />success in its development and implementation of a TMDL plan and the City is ahead of <br />schedule in improving the water quality of Silver Lake with the goal to remove the lake from the <br />impaired list. <br />Mr. Tom Pechman, 2524 36th Avenue NE, appeared before the City Council and stated he <br />recently purchased his home and learned of the proposed street assessments. He requested <br />information about the City's rationale for using the 35% figure in calculating special assessments <br />and asked how the assessments are divided among property owners. He stated it was his <br />understanding that Minnesota law states that property owners cannot be assessed an amount <br />more than the property would be improved through such assessments and was curious to <br />understand how that law relates to his property. He also submitted a handwritten objection to the <br />value of assessments for his property calculated at $14 ,450.03 for the 2013 street and utility <br />improvement project and his handwritten objection was submitted to City Manager Casey. <br />Mayor Pro Tern Stille indicated the City has always used the percentage of35% and the City <br />feels it is only fair to continue using this percentage. <br />Council member Roth noted the City is 15 years into a 30-year street improvement project. <br />City Engineer Hubmer stated the 35% of road construction cost is determined based on bids <br />received from the contractor and is then divided by the total assessable footage in the project. <br />Mayor Pro Tern Stille closed the public hearing at 7:34 p.m. <br />Motion by Councilmember Roth , seconded by Councilmember Jenson, to approve Resolution <br />13-027; a Resolution Ordering Improvements for the 2013 Street and Utility Improvements. <br />Motion carried 3-0. <br />B. Resolution 13-028; a Resolution Adopting and Confirming Assessments for the 2013 <br />Street & Utility Improvements. Todd Hubmer, WSB & Associates, presenting. <br />Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution <br />13-028; a Resolution Adopting and Confirming Assessments for the 2013 Street and Utility <br />Improvements. <br />Motion carried 3-0. <br />REPORTS FROM COMMISSION AND STAFF.