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City Council Regular Meeting Minutes February 26, 2013 Page 3 2 City Engineer Hubmer felt there would be limited benefit to doing both and stated the City is 3 currently within the State standards for phosphorous content but does not currently meet State 4 standards for water clarity. He further explained that the City has an obligation to reduce its 5 discharge to Silver Lake as well as a requirement to reduce the nutrient load allocation for the 6 impairment on Silver Lake. He pointed out that Silver Lake has been looked at as a model for 7 success in its development and implementation of a TMDI, plan and the City is ahead of 8 schedule in improving the water quality of Silver Lake with the goal to remove the lake from the 9 impaired list. 10 11 Mr. Tom Pechman, 2524 36°i Avenue NE, appeared before the City Council and stated he 12 recently purchased his home and learned of the proposed street assessments. He requested 13 information about the City's rationale for using the 35% figure in calculating special assessments 14 and asked how the assessments are divided among property owners. He stated it was his 15 understanding that Minnesota law states that property owners cannot be assessed an amount 16 more than the property would be improved through such assessments and was curious to 17 understand how that law relates to his property. He also submitted a handwritten objection to the 18 value of assessments for his property calculated at $14,450.03 for the 2013 street and utility 19 improvement project and his handwritten objection was submitted to City Manager Casey. 20 21 Mayor Pro Tem Stille indicated the City has always used the percentage of 35% and the City 22 feels it is only fair to continue using this percentage. 23 24 Councilmember Roth noted the City is 15 years into a 30 -year street improvement project. 25 26 City Engineer Hubmer stated the 35% of road construction cost is determined based on bids 27 received from the contractor and is then divided by the total assessable footage in the project. 28 29 Mayor Pro Tem Stille closed the public hearing at 7:34 p.m. 30 31 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution 32 13-027; a Resolution Ordering Improvements for the 2013 Street and Utility Improvements. 33 34 Motion carried 3-0. 35 36 B. Resolution 13-028; a Resolution Adopting and Confirmins; Assessments for the 2013 37 Street & Utility Improvements. Todd Hubmer, WSB & Associates, presenting. 38 39 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution 40 13-028; a Resolution Adopting and Confirming Assessments for the 2013 Street and Utility 41 Improvements. 42 43 Motion carried 3-0. 44 45 V. REPORTS FROM COMMISSION AND STAFF. 46