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I I I Council Meeting Minutes September 28, 1999 Page 3 Public Hearin~. continued LeFevere added that a property owner has 30 days to serve notice of an appeal after adoption of the assessment. Benke asked what costs would the City incur if an appeal were filed. He has observed only 10% of cases eventually appeal, but possible expenses may involve legal fees and expert testimony which could exceed the assessment. Benke questioned if it would be appropriate for the City to cut its losses and pay the full assessment amount. Larson agrees financially, but not philosophically with Benke, He has heard the neighboring owners speak of clogged gutters, weeds, and other problems not being addressed by Palmer. The other owners have corrected their problems, but Palmer has not. Benke agreed, but it may be time to put a halt to this issue. LePevere said Council could adopt the assessment, and decide further action if an appeal were filed, Gunderman noted agreement with Larson's statements, Samuelson asked the process used to determine the cost formula, Proper said the contractor's bid was $3,483 for the drain tile and boulevard restoration, and engineering and project administration costs totaled $2,000, The Council motion made in August directed staff to increase the Palmer assessment to $3,000, Hoffman believes the staff recommendation is a fair resolution being the other homeowners have corrected their problems, Proper noted there are other areas in the City with similar problems, but this case involves an inexpensive solution, Proper feels Council should be aware of making any precedence for City payment of assessments. Keith Miley, 1380 N. Pike Lk, Ct., thanked the Council for their efforts, There were no other comments from the audience, Motion by Gunderman, seconded by Hoffman, to CLOSE THE HEARING. 5 Ayes - 0 Nayes, Motion Carried. Motion by Gunderman, seconded by Larson, to WAIVE THE READING AND ADOPT THE RESOLUTION ORDERING THE NORTH PIKE LAKE COURT DRAIN TILE PROJECT NO. 99-09. 5 Ayes - 0 Nayes, Motion Carried, Motion by Larson, seconded by Samuelson, to WAIVE THE READING AND ADOPT THE RESOLUTION APPROVING THE ASSESSMENT ON NORTH PIKE LAKE COURT DRAIN TILE PROJECT 99-09. 5 Ayes - 0 Nayes, Motion Carried. Motion by Samuelson, seconded by Hoffman, to WAIVE THE READING AND ADOPT THE RESOLUTION ORDERING THE PAYMENT OF THE CITY SHARE OF THE NORTH PIKE LAKE COURT DRAIN TILE PROJECT 99-09 FROM THE CITY STORM WATER UTILITY FUND. 5 Ayes - 0 Nayes, Motion Carried. Public Hearing North Pike Lake Court Drain Tile Installation Report 99-218 Resolution 99~085 Resolution 99-086 Resolution 99-087