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