City Council - 12/09/1983 - Special Meeting IPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SPECIAL MEETING
FRIDAY, DECEMBER 9, 1983 4:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George '
Bentley, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J . Jullie and Finance Director
John D. Frane
ROLL CALL: Councilmen Bentley and Tangen were absent.
Assistant City Attorney Richard Rosow reviewed the court decisions relative to
Richard Miller Homes request that the City decertify the special assessments levied
on the Timber Lakes project which are currently delinquent.
Mayor Penzel questioned what precedent, if any, does a unilateral action on the
4 part of the City Staff obligate the City and/or the City Council to a further
commitment.
Mr. Davidson, representing Miller Homes, indicated that the lawsuit brought was
a "friendly" suit initiated so that the City might have the authority to respread
the assessments. This authority could come as a result of a court order or an
opinion of the City Attorney that the original assessment is or may be invalid.
Mr. Miller indicated that he does not wish to upset the fine relationship he has
had with the City.
MOTION: Redpath moved, seconded by Anderson, that the City Staff should contact
Miller Construction relative to their request. Motion carried unanimously.
The meeting was adjourned at 5: 1.5 p.m.
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