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HomeMy WebLinkAbout5.a. Attorney's Opinion on Hawkin's Pond Hearing�r- M E M O R A N D U M TO: MAYOR KNUTSON COUNCILMEMBERS NAPPER TUCKER WALSH WILLARD FROM: STEPHAN JILK, ADMINISTRATOR DATE: AUGUST 28, 1987 RE: HAWKINS POND In response to the information Attorney Grannis has reviewed he has submitted an opinion as to the Public Hearing held August 11, 1987 for purposes of considering the improvements to Hawkins Pond. A copy of his opinion is attached for your reference. Dave Grannis will be in attendance at the meeting. In consideration of Daves opinion Staff is recommending that the Public Hearing be held again. This will allow all persons proposed to be assessed to receive mailed notice. Although, only two properties were inadvertently left out of the mailing for the August 11th meeting, Mr. Harry Willcox and one other property owner. Reholding the hearing will also allow Steve Campbell and Rich Hefti to present, for consideration, the feasibility report for this project with a more complete scope to it, since the feasibility report used for the August 11th meeting was a "revised" 1982 report it will be better to have the 1987 version, which will include in it the complete Hawkins Pond drainage area. We recommend therefore that a feasibility report be ordered for this project and specify that it be completed and presented to Council on September 15th. At that time Council can accept the report and call for the Public Hearing setting it for October 20th. Staff also recommends that a complete engineering study of the entire drainage area be completed and that this will be the basis for Hawkins Pond development, assessment for that project, and future storm sewer development in the area. Completion of this study will also be done, at your approval, by September 15th. Use of this study will add credibility to recommendation for Hawkins Pond improvements and the areas to be included in the assessments as well as any future storm water projects taking water to the pond. This should give those property owners involved in the project a satisfaction to any concern about the purpose for the project. LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS, JR. - 1910-1980 POST OFFICE BOX 57 (612) 453-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING DAVID L. HARMEYER M. CECILIA RAY VANCE B. GRANNIS, JR. PATRICK A. FARRELL 161 NORTH CONCORD EXCHANGE ELLIOTT B. KNETSCH DAVID L. GRANNIS, ITI SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J. MAYER ROGER N. KNUTSON TELEPHONE: (612) 455-1661 August 26, 1987 AUG x'71987 CLERK'S OFFICE Mr. Stephan Ji lk CITY OF ROSFMO NT Ci'Ly Administrator/Clerk City of Rosemount 1367 - 145 Street East Rosemount, MN 55068 Re: Hawkins Pond Drainage Improvement Project Dear Mr. Jilk: I have reviewed the documentation and notices relating to the public hearing, which was held on August 11, 1987, for the above referenced project. while it is my opinion that the hearing was legally held, it is my recommendation that the City hold another hearing after giving all statutory notices, since a few of the property owners were not provided mailed notice. In the alternative, the City could obtain a waiver of mailed notice from each of the property owners who were not given mailed notice. Very truly yours, GRANNIS, GRANNIS, FARRELL, & KN SON, P.A. BY: .. David L. ra is, III DLGIII/rh