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1978 08 28 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING AUGUST 28, 1978 Acting Mayor Neveaux called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson, Geving, and Waritz. Mayor Hobbs came late. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented. Motion seconded by Councilman Waritz. The following voted 1n favor: Acting Mayor Neveaux, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. PUBLIC ASSESSMENT HEARING ERIE, CRAN VIEW, AND WEST 77TH STREET CURB AND GUTTER, STORM SEWER, AND STREET I}~ROVEMENT PROJECT 75-11 Acting Mayor Neveaux called the hearing to order at 7:30 p.m. with the following interested persons present: Sharon Gagnon, 7508 Erie Carol Johnson, 7604 Erie Nancy and Curtis Rohinson, '20211est 77th Street Sue and Wayne Anderson, 204 Chan View Paul Rojina, 220 West 77th Street Earl McAllister, 7510 Erie Robert Kah1, 203 West 77th Street Frederick Coulter, 7616 Frontier Trail Barbara Hamilton, 224 Chan View Don Schmieg, 7703 Erie Linda and Clark Horn, 7608 Erie Lois and Wayne Hagman, 7602 Erie Frances Jacques, 308 Chan View Vern Zetah, 7500 Erie O. Iverson, 223 Chan View Bob Meuwissen, 201 West 77th Street Ivo Schutrop, 302 Chan View John Jeurissen, 205 Chan View Dean Burdick, 206 Chan View Ed Hjermstad, 7617 Frontier Trail Bill Brezinsky Craig Mertz Russell Larson Bill Brezinsky explained the scope of the project and the assessment procedure. The proj ect included e:xt>ension of sanitary sewer and water services to lots that were not previously served. The main portion of the project was street construction. This included the construction of a bituminous street with a bituminous berm from Great Plains Blvd. to Frontier Trail; the construction of a bituminous street with concrete curb and gutter on West 77th Street from Frontier Trail to the eastern end of the street, on Chan View from Frontier Trail to the eastern end of the street, on Erie Avenue from West 78th Street northward to 7606 Erie Avenue. The project also included construction of a bituminous street from 7606 Erie northward into the cul-de-sac area. The storm sewer was divided into two areas. Area A generally drains to the intersection of Erie Avenue and West 77th Street where it is picked up by a catch basin system and directed to a ponding area. Area B drains to a low point on Erie Avenue north of West 77th Street where a catch basin system picks up the flow and directs it to the ponding area. Council Meeting August 28, 1978 -2- The ponding area has been removed from this project and included in the Lotus Lake Drainage Project. The total project cost is $197,587.00 with $158,815.00 to be I assessed. The assessments will be spread over a ten year period at 7% interest. Assessment review request forms are available and must be completed to the city by August 30 to be reviewed by the Council on September 5th. Property owners were reminded they have 30 days from the date the Council approves the assessment roll to pay all or a portion of their assessment with no interest charged. Mayor Hobbs came at 7:50 p.m. Earl McAllister - I have a washout after this last rain. This is the fourth time it has happened this year. If we get another good rain the road is going to go because it's undermining the blacktop. Bill Brezinsky - That kind of problem is going to happen until you have the restoration and we get the restoration behind the curbs. The specifications allow that the contractor keeps restoring that until he gets full restoration. Earl McAllister - If this is left like that until next year I am going to have problems next spring. Bill Brezinsky - There are two options on the north part of Erie and the one is to install concrete curb and gutter next year and the other is to widen the blacktop I and put in bituminous curb this year. If we put in concrete curb and gutter next year we would have to fill in behind the curbs and seed this year. If the people in that area want curb and gutter then we fill in behind the street as it is right now and restore it. Next year come back, dig out the top soil and install concrete curb and gutter. Wayne Hagman - So far everything that has happened on the north part of Erie has been contradictory to what we have been told. We have all of a sudden got a blacktop road which we weren't supposed to have until next year due to a settlement, etc. They come in,> they put the blacktop road in, they narrowed the road, they put in curbs and we had nothing to say about this. Something is going to have to be done. The road is going to be widened, we know this. There is going to be more expense to somebody. They are going to come in, tear out 18" or whatever, put in either asphalt curbing or concrete curbing. This could have all been done three months ago. We could have had a meeting just like this. We could have made this decision. It could have been done all in one fell I swoop. If that road is good enough to be put in today the curb could have been put in at the same time. Why do we have to go through all this extra expense? I would like to know why the curbs weren't put in at the outset, right now? Why the road isn't wide? Why isn't it where it should be? Why do we have to go back and do this allover again? I I I Council Meeting August 28, 1978 -3- Bill Brezinsky - The reason that the road restoration was done as it was is because we presented to the City Council last fall several alternatives and this was the least costly of all alternatives to achieve the desired result. Thê' r.easÒn was that our soil borings indicated that if concrete curb was put in in this area last year we would be replacing it all this summer and we would be replacing it probably at a cost to the city, not the contractors cost, because the soils were so unstable you could not guarantee the concrete curb and gutter. Now, there is curb in the south part where we have it in there that's been cracked and there are several sections. Those sections are all going to be replaced. Those were contractor errors. If we put it in on the north part, we couldn't say that because the soils were so unstable that we could assume that it would settle. '. When yoùarètalking about the road bed you are talking about a width of 23 to 24 feet wide of asphalt. When you are talking about a concrete curb you are talking about an area with a base of 28". What I am saying is if you have a point load on a 28" concrete curb it is going to settle a lot more readily than if you have a load spread out on a 24 foot wide street. Wayne Hagman - What about an asphalt curb? Bill Brezinsky - An asphalt curb wasn't put in because the Council had originally authorized a concrete curb and gutter in this area. We could not change that. We are possibly changing it but we can't change it unless the Council changes it. We can't change it. The reason the concrete curb and gutter was authorized was that indications were that the people in that area wanted them. That's the reason the Council authorized it. They deleted it for one year to avoid this sett1ment. The asphalt that we put in right now assumed that concrete curb and gutter was going to go in. Not until last Monday did somebody come to me and say we don't want concrete curb out there,. we would rather have bituminous. That's the only time anybody has said anything up until that point. Now, there is a petition to put in asphalt. We will calculate the cost to do that. There will be a certain amount of additional cost but the overall affect will be that you will go from a cost of $10.65 for the narrow up to $13.72 for the full width with the berm onto the end. This is 9¢ less than what it cost on West 77th Street west of Frontier Trai~. The reason we put a berm on there is not because this is the end product. The reason we put the berm on there was to keep the water within the road and-to keep it from washing along side the blacktop and undermining it; Clark Horn - The meeting last fall wé were told that there would be a one year delay and I think Mr. Hagman's point is still well taken, we were not informed that there would not be a change. The way I found out that the curbs were not going in this year was by calling up and finding out that that had been delayed by what I was told was a Council action. Council Meeting August 28, 1978 -4- Also we were told that the road would not go in this year but would go in next year and the other thing was at the time the people decided to put in concrete curbs the cost was stated as $2.00 a foot not over $3.00 a foot as it came out. Bill Brezinsky - The cost for the curb as originally presented was over $3.00 per foot and the cost has increased to $3.24. Mayor Hobbs - I think in terms of the road and when the road is going to go in, possibly contrary to some believe, we try to do these things as inexpensively as possible. Anytime you demobilize and remobilize it's going to cost you more money. Anytime you drag a project on over two or three years it's going to cost you more money. A year ago they felt it was going to take longer for that road to settle. That was a very difficult decision for the Council to make. We don't like to leave anybody with a part of a road but after hearing the imput we said we will back off because we feel it will be a better job. They come in and take the soil compaction test and tell us, and as Bill indicated withhold the performance bond from the contractor, that the road base can support the blacktop it's to everyones benefit to go ahead and put it in. I think these types of things are not finite down to a specific day or specific month it's going to be ready to go. The reason it was done was to try to keep the costs down not to increase them. Don Schmieg - I was told that at the time that we would not stop a street in the middle in any area once it was started with a concrete curb it would a continuous concrete curb. If this is going to be the case I wonder where the turnabout came now all of a sudden that if we are going to change it, why would we change now when originally there was not 50% of the people on a couple of the streets that wanted it, yet we had to go along with thee project. Bill Brezinsky - The only reason the Council considered whole blocks when they were considering concrete curb and gutter was that you can't give this guy concrete curb and gutter and this one blacktop, this one concrete, this one blacktop. The Council took a look at all the percentages of the people that had petitioned and determined that these certain lots, because of the percentage of petitions for concrete and gutter were received. As far as ending it in the middle of a block, it simply looks odd. Mayor Hobbs - The Council does have the petition to hold a hearing on the possibility of deleting the curbs. We haven't held that hearing yet. Barb Hamilton - Regarding the square footage that we 'were assessed for a storm sewer, on the north side of our street we got extra footage when they realigned-the street, were we assessed for that extra square footage? Bill Brezinsky - No. The streets in the area are 66 feet wide. That's I I I I I I Council Meeting August 28, 1978 -5- basically 33 feet from the center of the road. That wasn't assessed at all so unless the road moved onto your property. Sharon Gagnon - You made the comment that there probably could be another future assessment because of Bloomberg property. Would that affect us as well? Bill Brezinsky - The assessment in Area B is lower than Area A. Area B has a large area that is undeveloped, Bloomberg's area specifically. The cost of the system within his area would be his cost entirely. If you were to develop your area to a greater extent, then you would have to pay for it. Carol Johnson - I was wondering where the low point was of north Erie. Bill Brezinsky - The low point is where the culvert and catch basins are~' Carol Johnson - The ditch that you have is enough to take care of it all? Bill Brezinsky - The ditch, at this time is yes, it will be for some time in the future. This is a natural ditch. It is nothing that the city installed. Ed Hjermstad - I am just wondering ,why I am assessed under Area A while Arthur R. and J. Larson are assessed under Area B. While their area is the same area as my area, they are assessed $66.60 and I am assessed at $363.48. Bill Brezinsky - We have means to ask for a review of your assessment if you feel that the assessment is incorrect we ask you to fill out one of those forms. We determined the drainage areas to be as they are shown on this map with this area being Area A which drains into this system·"an-d'Are'a-Bwhich drains to this area on Erie Avenue. Ed Hjermstad - Where does that go? Bill Brezinsky - They both go to the pond. Ed Hjermstad - What 1 ake do they dY'ainto? Bill Brezinsky - Lotus Lake. Ed Hjermstad - I intend to protest this here particular deal. Bob Kahl - Did we have to pay extra for all the rock that they had to haul in there? Bill Brezinsky - Yes. Don Schmieg - What is the procedure on non-buildable lots? Bill Brezinsky - In terms of sanitary sewer and water a non-buildable lot is not assessed. In terms of street, curb and gutter it has been the city1s practice to assess frontage based on the fact that they do gain some benefit from this. The lot could be connected to an adjacent lot or could acquire an adjacent lot and become buildable so it does receive some value from that. Curtis Robinson - You had $14,119 for the storage pond and that will be assessed in 1979? Bill Brezinsky - Yes. Curtis Robinson - Is that a firm number? Bill Brezinsky - That is our projected number. Curtis Robinson - Is it done? Bill Brezinsky - It is not done. Wayne Hagman - When are these assessed rolls going to be due? When are they going to be assessed? Mayor Hobbs - If we adopt them on September 5 you would have 30 days to pay them. Don Ashwarth - You have 30 days to pay them without interest. The Council has the authority to assess in advance of completion of the project. Council Meeting August 28, 1978 -6- Wayne Hagman - We were told that we were going to get a$sessed in 19Y9 for this project and again we are changing the rules in the middle of the game. Mayor Hobbs - We caul d poss ib 1y put off the assessment for a year. The project I has been bonded for and a majority of the work has taken place. If we put it off we still are going to pick up the accrued interest from that bond sale. ,"So actually we feel by assessing it now, we are well aware that the project is not complete, you are not gaining anything by putting it off. Frances Jacques - According to that map we are not assessed for storm sewer, is that correct? Bill Brezinsky - Thatls right. Frances Jacques - Is my assessment for the street, do I have to pay full price or do I pay half? I paid full price on Great Plains Blvd. Bill Brezinsky- If you paid full price on Great Plains Blvd. you would pay half on th is. Sharon Gagnon - I would like to know, is there a chance Erie will be widened? You mentioned that with a concrete curb that will be 28" but the road only measures 17110" right now. When you make that bend by Hagman IS dri veway it i s really bad news because nobody stays to the right of the road. If you add 28" on each side of that road you are still at a minimum for a road. Bill Brezinsky - There would be more than 28". We left it narrower, we will be filling in another foot and a half on each side on each side of the road between the existing road and the concrete curb. Sharon Gagnon - We have to have our driveway blacktopped because it is just I washing out with everyone of these rains. We have got to get it blacktopped and the man wants to know where he should end this blacktop for our driveway. We have put it off since May. We just can It go any longer. Mayor Hobbs - We will take the petition under advisement as soon as we can. I cannot answer that question tonight. Fred Coulter - Do they plan to complete the restoration work this year or will that be done next spring? Bill Brezinsky - It will be done this year. Mr. Paul Rojina presented numerous concerns with construction techniques and minor construction problems. No response was made by the Engineer. All property owners were informed of a special session to be held by the Engineer on Wednesday, August 30, at which time details of construction technique or assessment policies could be reviewed. Councilman Geving moved to close the public hearing but keep the record open for written comnents. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Hearing closed at 9:20 p.m. REQUEST TO USE OLD VILLAGE HALL AS DEMONSTRATION LIBRARY: Mary Heiges, Director of the Carver County Library Board, discussed trying a demonstration library I station in the Old Village Hall for a period of seven months beginning in October or Novemter. The library would be open 20 hours a week. The county library system would be responsible for providing staff and materials while Chanhassen would be responsible for providing atilities and the space. Councilman Pearson moved to allow the Carver County Library Board use of the Old I I I Council Meeting August 28, 1978 -7- Village Hall for a demonstration library. Motion secQnded by Councilman Neveaux. The foll owing voted in favor: Mayor Hobbs, Councilmen Pearson , Neveaux , Waritz, and Geving. No negative votes. Motion carried. PUBLIC ASSESSMENT HEARING LAKE RILEY SEWER IMPROVEMENT PROJECT 77~2 Mayor Hobbs called the hearing to order at 9:45 p.m. with the following interested persons present: Mr. and Mrs. Jack Hungelmann~ 9117 Lake Riley Blvd. Gary and Genora Travis, 9131 lake Riley 81 yd. Eugene and Lucille Susemihl, 9245 Lake Riley Blvd. Lillian Hague, 9247 Lake Riley Blvd. Pat Swenson Eunice Kottke, 4441 Washburn Avenue South, Mpls. Ron Ytzen, 9227 Lake Riley Blvd. Don and Betty Heath, 9235 Lake Rîley Blvd. John and Gladys Skranka, 9021 Lake Riley Blvd. Donna Tottenham, 9223 Lake Ri1 ey Blvd'. Allen Gray, 5220 W. 102nd,#109-B, Bloomington' Mr. and Mrs. George DeWitt Russell Larson Craig Mertz Bill Brezinsky Bill Brezinsky - The primary reason for the Shore Acres sanitary sewer project was to provide s anitatysewérservi ce ,to the properties abutting Lake Riley Blvd. Along with the installation of sewer, we tried to make some improvements fri'the road ali gnment and grade. We changed' some grades on the project to try tocorrBct some drai nage prob1 ems. There were some secondary benefits that we're derived from the system. These benefits were realized by properties outside the immediate Shore Acres area. W-e~'ac~Ðired a length of sewer line which was previously privately owned by the Lake View Hills Apartments. By acquiring that, the City gained the capacity and means to serve the Shore Acres area,also gained means to serve the Bandimere Heights area and to expand the entire general service area. The street is proposed-to.:beassessed- ona front foot basis and sewer on a unit basis. The assessments will be spread over a 15 year period at 7% interest. Assessment review request forms are available and must be completed to the city by August 30 to be reviewed by the Council on September 5th. Property owners were reminded they h~ve 30 days from the date the Council approves the assessment roll to pay all or a portion of their assessment with no interest charged. Lillian Hague - Can you tell us what they are going to do about the turn around? Bill Brezinsky - The contractor is going to repair it. It should be repaired very soon. Donna Tottenham - I thought Mr. Rogers donated some of that land across ,from Mr. and Mrs. Skranka yet you have got a cost of $4,000 for realignment of that road. Bill Brezinsky - The land wasn't donated. Craig Mertz - Mr. Rogers, at the meeting you may be referring to, indicated that he might be willing to donate the land but he subsequently had a change of heart and we had to purchase that land. Council :Meeting August 28, 1978 -8- Jack Hunge1mann - In view of the fact that the project isn't completed shouldn't the September 5th effective date be deferred until it is completed? Mayor Hobbs - The bonds have been sold for this project. We could I defer the assessments for a year but the interest clock would be running. We could take it off the tax rolls until 1980 but at the time it was assessed you would pick up all of the accrued interest from today.' Jack Hunge1mann - As I understand it the blacktopping on the top'of the hill, if it isn't done this fall then it probably won't be done until next July and we have already lived through about a year of the road being torn up, can we get any kind of assurance that the road will be blacktopped before the freeze sets in? Bill Brezinsky - I can assure you of that. Mayor Hobbs - I think we all have to be careful and I know that you are aware of it, this is not a street improvement project it is simply replacing a street. Jack Hun,se1mann - Is the Council satisfied that the 48 units who are participating in this project are not subsidizing the future use of the trunk. Mayor Hobbs - Absolutely. They may have, what you will look at as the cost of the trunk today and they run another one in, they will pick up the cost at that time which will more than likely be higher than what you are paying plus the cost of this trunk at todays market plus interest. Bill Brezinsky - At the very least they will be paying the cost that you have plus interest. Property owners were informed of a special session to be held by the City Engineer on Wednesday, August 30, tò answer questions regarding assessments. I Councilman Neveaux moved to close the public hearing but keep the record open for written comments. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Hearing closed at 10:30 p.m. PUBLIC ASSESSMENT HEARING WEST 79TH STREET WATER IMPROVEMENT PROJECT 77-4 Mayor Hobbs called the hearing to order at 10:30 p.m. Frank and Myrna Kurvers, 7220 Chanhassen Road, were present. The City Engineer explained the scope of the project and the assessment procedure. The project includes the installation of watermain from Highway 101 along new West 79th Street to the Hanus west property line, then south and east to connect to an existing line. The project also includes the construction of a 9 ton road and curb and gutter. Bill Brezinsky - The trunk watermain cost includes the cost of I jacking under Highway 101 and also the cost of the watermain within public right-of-way that would not have any lateral benefit to individual properties The lateral watermain cost includes all the remaining costs on the project except for one item. The street cost includes the construction of street and concrete curb and gutter. The miscellaneous I I I Council Meeting August 28, 1978 -9- watermain cost is the additional cost that was required to construct the watermain along the Hanus building between the Hanus building and the Kurvers property that was caused by Mr. Hanus moving the building toward the Kurvers property. That $1,776 included the installation of the watermain at a depth, because we didn't have the working room, of less than seven feet and because we had a depth of less than seven feet the entire watermain is insulated. These costs are to be spread according to benefit. The trunk watermain cost in this,area is assessed at $602 per single family equivalent unit. This was only assessed on this project against existing structures not previously assessed trunk water which included only the Hanus building. The Hanus building has six single family equivalent units or a trunk watermain assessment of $3,612. The difference between $3,612 and the actual cost of $4,480 will be picked up as the undeveloped property in the area deve10pes and is charged this unit according to the type of development. The lateral watermain in the ~rea was assessed in a similar manner to past làteral~la:termain, for instance the Buesgens Building was assessed on a front foot basis. This is the footage that abuts the watermain less 150 feet on the sideyard. The front was assessed full and the side was assessed the length less 150 feet. This is consistent. with past policy in commercial areas. The result. of dividing ,the total lateral cost by the number asses sible feet resulted in $21.71 per footowhich is equal exactly to the number that we presented in the feasibility study. The street and concrete curb and gutter was assessed on an area basis. Again this is consistent with past policy. The exception '. is when a property gains primary access from a certain street the future street will not be assessed for a length of 150 feet. If you are on à corner lot in a commercial area the assessment is on an area basis except if the first 150 feet from the primary access street has been deferred. This means the K1inge1hutz lot would not be assessed. The street provides access to the Kurvers lot and the Hanus lot. In computing the assessment we assessed full area of the Kurvers lot. On the Hanus lot we restricted the assessment to the developed part of the lot. The reason for this is that if he deve10pes any more of this property, anything to the east, then he will be required to extend this road and the extension will be his cost. The road as it is in serves the Hanus property as it has been developed. He has donated a road which was a requirement of his development contract and he has donated a roadway easement across the north part of his property for this future extension. The assessments for this project are proposed to be assessed over a five ,year period at 7% interest. Council Meeting August 28, 1978 -10- Frank Kurvers - I want to know where my access to get to me property on that street is? Bill Brezinsky - The access to the property would be at about the I 1/3 point of your property. This was determined about two years ago, in preliminary discussions of the project. I think Frank, you were there and Don Hanus, where we suggested a street grade at that point and I thought that was agreed on and we haven't changed it since. Frank Kurvers - I would like to know where it was agreed on. Bill Brezinsky - It was in a meeting between you and I and Don Hanus we agreed on an elevation at a certain point in your lot which was the 1/3 point and that point has not changed. Frank Kurvers - I have an entrance to that property. I still have a mower standing on it where that entrance is and I would like to have the city look where that is and I would determine that that's my entrance to that property. Myrna Kurvers - We never agreed on any grade. Frank Kurvers - There is no way that grade was ever established. Bill Brezinsky - That may be in our former reports. I can look it up. As far as I am concerned that grade was set during a meeting that we had with Mr. Kurvers and Mr. Hanus. We did not consider going up to that high point. The discussion was in grading that lot down. Frank Kurvers - The only grade that was ever set was when that road I was completely destroyed. That's what set the grade. You can look back in all the records that you can find and you will not find it. Mayor Hobbs - The way it's presently constructed your access is 1/3 of the way from the property line. You are going to have to file a written notice or accept the assessment as presented. You have 30 days after that to appeal. Myrna Kurvers - We didn't change our road. Don Hanus changed our road. How do you feel this is a public improvement? Mayor Hobbs - It benefits public property. A public improvement in a residential neighborhood benefits the people that live there. Frank Kurvers - How can I use that road? Mayor Hobbs - You can put in an entrance 1/3 of the way on your property. Myrna Kurvers - Let's be practical. That road was built to Don Hanus' specifications. I am not an engineer but I have enough common sense to look at that road and know it was built for Don Hanus. Everyone of you Council members know that too. Right now our plans are to use our easement and we have access off of Highway 101. Frank Kurvers - The city installed a watermain, what are they going to do with that grade that they cut there? I Bill Brezinsky - We didn't change that grade at all. That was cut off before we went in there. When the building was in there that grade was exactly the way it was. We did not go on your property. We did not change the grade. That's the reason we had to put it in shallow and insulate it. I I I Council Meeting August 28) 1978 -11- Frank Kurvers - How come Klinge1hutz doesn't get an assessment? Bill Brezinsky - He has access directly on to Highway 101. Myrna Kurvers - We have frontage and access too. Frank Kurvers - We have å 16-foot easement. Bill Brezinsky - This is something that the Council can consider. Russell Larson - Am I correct when I say that that issue of whether or not you have that 16 foot easement is still in contention between you and K1inge1hutz? Frank Kurvers - I still own it. Russell Larson - I understand that they take a different position. Frank Kurvers - Oh, no they don't. Russell Larson - I think they have torrensed that title to that. Frank Kurvers - They can't torrens it. Russell Larson - I want to check that record before accepting your statement on it. Frank Kurvers - Go right ahead. The property is not torrensed. Mayor Hobbs - I think the main thing Frank is you can fill out the form stating that you have access off 101 and the reasons whY you feel you don't gain benefit off this road. The Council will look at those next Tuesday. Myrna Kurvers - That road was built for Don Hanus. I would like to hear a statement from everyone of the Councilmen on their reaction to what they think and I want an honest one. Councilman Geving - I think there is a legal question that has to be cleared up on the access on 101. We do have a public street that was put in. We do have costs that were incurred. and at this point I am quite certain myself one way or another but I lean toward assessing those costs some way. I realize that the area that you described as. your. driveway is just about six or eight feet above the road level but I also feel that that can be worked out whether you move it back where the engineer described it some agreement could be worked out. I am looking at it from the standpoint that it's a public street. T don't agree with you. Councilman Pearson - I feel you can do with it what you want to. Councilman Neveaux - I don't really think, we have been working on this project for over a year and I haven't sensed any real imput from you about what you did want to do with your property so that we get feed back into the mix of the things the engineer has to work with from the standpoint of what you are going to do with it, what kinds of access you need, I have no idea what your plans are now and the use of any piece of property generally requires some kind of adjustments with contours and elevations and basically as I see it your property has just stood there and the project went right passed it without any imput from you as to how you could best benefit from the project. I feel perhaps you could have come forward and made some more imput into the project instead of sitting back now until it's all over and in and now throwing things up to us that are difficult to respond to. The road is in. Councilman Waritz - I wish it hadn't come this far. I guess I could see it coming three years ago before Don came up with a proposal up there. Let's face it he dug out a city road and he took out tons of fill without a permit and he was stopped and he started again. I am not Council Meeting August 28, 1978 -12- saying what he has built out there is a benefit to the city but he did follow a rather unorthodox and he did pretty much what he wanted to do and I think he left Frank sitting high and dry. I I can't blame Frank and Myrna for feeling the way they do. I think in any other area the developer would have had to leave room on his property to landscape the property. He can't just go in there and cut it off like a cliff. I think in any other area a developer would have to leave an area where he would have to be able to berm it or landscape it down. Don didn't. There is problems here. I wished it didn't have to come this far. I wished Don and Frank could have gotten together and come to some mutual satisfactory agreement earlier. Councilman Pearson moved to close the public hearing but keep the record open for written comments. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Hearing closed at 11:15 p.m. Councilman Geving moved to adjourn. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Meeting adjourned at 11:15 p.m. I Don Ashworth City Manager I