HomeMy WebLinkAboutCity Council Minutes 10-02-1969 SpecialI
MINU'rES OF A SPECIAL VILLAGE COUNCIL MEETING
PLYMOUTH, MINNESOTA
OCTOBER 29 1969
A special meeting for a puSlir hear;nd t`r: adopt the asser-.%Penr. roll
for water, sewer and strcrt improvement in the Southwest, Project
068-1E, was called to order by Mayor llilde at 7:40 P.M. in the Wayzata
Sr. High School. Plymouth, Minnesota.
PRESENT: Mayor llilde, Councilmen Johnson, ltindseth, Humphrey and Hintz,
Engineers Hagen, Bonest:oo, Cook,,Olson and Frigaard, Acting
Clerk Barnes, Attorney Lefler rfiscal. Consultant Jim Olsen,
Assessor PulJa and Public works Foreman Pei•ry,
ABSENT: None
Mayor Hilde went over the agenda and made comments and explanations of t:he
items. Engineer Bonestroo gave a progress report of the improvement project
and time schedules for completion dates of the areas not yet completed. Fiscal
Consultant Jim Olsen gave a report of the financial aspects of the village im-
provements. Engineer Bob Frigaard, in charge of the assessment rolls, slave a
report on assessment policies and procedures.
Public hearing opened at 8:20 P.M.
Mr,, Max Smith, 14912 County Road 06, said he did not receive a legal notice
for the Feb. 6, 1969 public hearing for the proposed Project 068-1E, so was
unaware that water was proposed to be installed on County Road A. He did
however, got a notice for this hearing and indicated he was not contesting
the validity of the proceedings. Ne was concerned about whether or not he
will be re -assessed for street restorF.tion when sewer comes In, Engineer
Bonestroo said street restoration has to be included in a sever assessment.
County !toad assessments cost more because bon.is have to be posted, shoulders
provided and ditches replcced., We have no choice to do otherwise.
Mr. William Miller, 2005 Xanthus Lane, asked if they would be assessed for
water. They have lu d it in Imperial Hills. lie was told they will only
be assessed the $175 per unit trunk charge.
Mr. R. G. Stauffer, 18515 22nd Ave. N., representing the Imperial Hills
Citizens Association, inquired about the $175 trunk charge. The developer
told them when they bought the prcperty they had city water, so wanted to
know why they were getting this assessment. He was told what the charge
covered and also that the village feels the well in Imperial Hills is not
large enough for us to buy. Th" Village is going to install a large water
tank in the area of Niagara Lane and Highway 055.
Mr., Don Bice, 18130 8tli Ave. N. reiterated his requeatr in a letter Rent
to the village on Sept., 16. 1969* Ilia residence is on an unptatted piece
of land measuring 1.74 acres. lir wants to be assessetl only the acreage
charge and not the front, foot charge. IN wishes the Council to
consideration to elimtnnte him from hooking up to the utilities
do not want either the water or sower. Engineer Hagen said his
will be conside.id.
give him
as they
requant Ar.).
oZ '.
Council Minutes October 2, 1969 - Page 2
Special Meeting
Mr. Don Wohlenhaus, 440 Comstock Lane, was concerned about condemnation of
part of his property. Mr. Cargent and Jim Olson called on him in this
regard ani said an appraiser would be contacting him in person to evaluate
the condemnation, but no one has appeared. Why? Attorney Lefler said the
Appraising Commissioners are appointed by the Judge of District Court and
the Village has no control over them. Also, that the village does have the
legal right to cross property even though the condemnation has not been
fully consumated. Mr. Lefler asked f.o: his pl one number and said lie will
contact the Board of t:ommissioners in 'the morning about their plans and
let him know what they say.
Mr. L. Lord, 435 Comstock Lane, lives next door to Ar. Wohlenhaus and had
the same complaint, lie feels the situation could have been resolved by
now. The condemnation subje^t was brought up 7 months ago. He expected
Mr. Sargent to send him something in,writing to confirm the condemnation
but has not received it or seen snyone since. Attorney Lefler said, inas-
much as the conversation with Mr. Sargent was acceptable there was no
need to send anything iu writing. Mr. Lord said he had to hire a lawyer
to check into this matter and expects to be reimbursgd for the fee and
tre?s removed from his property.
Mrs. R. W. Clarke, 16535 9th Ave. N., lives two doors away from the Lords.
She blames the village for lack of coemeunication and placement of a manhole
In. their tennis court. Now it will be moved and wants to know who io going
to pay for the work involved. Engineer Hagen said he told tier on the phone
this afternoon what would be done about the situation and that is all the
assurance he can give her.
Mr. Peter Koop, 17605 County Road #24, asked it it is still possible to
request a change in the plan. lie has an acre of platted land adjacent
to the land his home is on, on which he never intends to build. It is
used strictly as a recreational area for his children. His neighbor has
exactly the same situation. When the utilities are installed lie requested
that the lateral stop at the end of his residential property and not
f,xtend in front of the adjacent acre. It will save some aaseesment costs.
k'here is nothing beyond this land so sees no reason for ic. Engineer
llagen said consideration is given to they fact that someday he may sell
chis property. When utilities are installed correct planning and fore-
sight is required to do a good job. This installation is part of a
signed contract between the village and contractor and must be put in
as planned. Mr. hoop said this is an unfair practice and feels lie has
a legimate argument,, lie cannot see why the installation cAnnot stop at
the end of his residential lot. Otherwise. Ito will be forced to sell the
piece which lie has considered of special benefit to him, as he doeA not care
to spend $24.00/month for the next 30 years on a piece of land where thEre
is no building.
Mr. LeRoy Lindbloom, 16525 9th Ave. N., said her husband sent a letter to
the village on Sept. 19, 1969 objecting to the improvement. They ohject
to street restoration as explainAd in the .letter anti febl it is as unfair
taxation.
Mrs. Flelei; ltusten , 18420D An Ave. N., request the amount of the asmessahle
acreage be reconsidered as a portion of it is under water. Site contacted
Mr. Barnes about tnis today. I.ngiveer Hagen told her all special complaints
will be considered by Council and her request will he reviewed. She asked
when the easement vill be resolved. Mr. Sargent said nn appraiser would
come out, but so f .r no one ham appearecl.
Council Minutes - October 2,'1969 - Page 3
Special Meeting J3
iMr. Wa. Pilgrim spoke for Norman L. Nielsen, Rt. 2 Somerset - 18845
12th Ave. N. He reiterated the remarks he made In his Sept. 25. 1969
letter to the Village. Engineer Hagen said it will be reviewed and
considered by Council.
Mr. Sheldon Tart, 1805 Shadyview in Imperial Hills, asked about the
assessment date and when he can hookup to the sewer. Ile was told payment
can be made in 30 lays from adoption datZ of the assessment roll without
Interest and hooku will be possible about the middle of December.
Hr ''Clarence Schomer, 1830 Fountain Lane, said the v and about' u
residents on a deed end of Fountain Lane were told they wouldn't get
the improvement be -rause they were too low with bad drainage. He
wanted to know how,many years it will\'be before they can get it. Later
on the cost, will lie so much greater. Engineer Hage1 said there is a
development proposed for this area by Roger Fazendin .rnd utilities will
have to be furnished. In that case they could possibly be included in
ichis 1 project.
Mr. Ralph Goodwin, 1430 Rainier Lane iii Pinecrest, asked is it true that
there will be no greater assessment than a maximum of 130' on curvinlear
lots. Engineer ttagen said yes: Mr. Frigaard said Hadley Hills was
figured on the average 110' lot, and the depth had no effect on the
lateral assessment.
Mr. L,:urence R. Elwelll Jr., 710 N. Ferndale, has owned 132 acres for the
last 20 years. About 20 acres of it is swamp land. Test for the peet
depth was made and no solid base was found even at 30 feet. He considers
this unbuildable land for homes unless you want to forget about econ:ates:
He asked Council to reconsider the asseaement and give him a re;luetthat
coverin3 this area. Engire4r Hagen said his case will be review,4d.
Mr. Filed Boyd., 2115 Queensland Lane, asked if it is legal that they y.
ansessed now evan though they do not have the service and have to pay
uta the assessment within 30 days to avoid tie interest. Attorney Lef'.er
said the interest in assessed against the village when the project is
ordered and bids let. Tho County Auditor's office requires the assessment
rolls adopted and filed by October 10tlo, Otherwise, the assessmnt would
have to wait until the next filling date, a year from now. This is a legal
procedure. He asked what the interest rate would be if not paid up within
the 30 days and lie was told it will be AX per annum.
Mr. Robert Harr, 17510 26th Ave. N., also asked the same question as Mr.
Boyd. Attc•rney Lefler explained that the 1969 Legislature changed tt e
payment without dnterest period to 30 days from adoption of assessment
roll and if you pay before November 15th you pay interest on the assean-
ment until the end of 1969. Ile wanted to know what his monthly assessment
will be on $2800. Jim Olsen figured it to be 317.33 for the first year
and each ;rear until the last paytnailit which will be $100.79. Divide by 12
for the monthly charge. Mr. Harr asked why Ordinance 69-22 for increased
sewer service rates was adoptee!. He was told that the rates were necessarily
increased to pay for the sewer connection contract with Golden Valley and
after the Feb. 6, 1969 hearing it was decided to reduce the acreage charge
for the southwest project and offset it by increasing the sewer service
charge so it would work out better for the citizens. There are additional
expenses to the village for the trunk lines and system maintenance now and
in the future.
7
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Council Minutes - Ortobeir 2, 1969 - Page 4
Spacial hiestiog
Mrs. Ed Harjapori; 1710 Niagara Lane, said they are being assessed for water
eomfng though on the north side of Niagara. She wanted to know why they.
should be assesse4 when they w112 not pt any benefit from it when Niagara
gets realigned they'll be cutoff. Engineer Bonestroo said if this happens
and their property taken they will be fully reimbursed, or the road maybe
realigned and a cul-de-sac put in for them, or it could be realigned on
the west side of the church. But he did not expect any change to take
place for about ten years and they are Saining fire protection now and it
is available to them now.
Mr. Gary Guthrie, 705 Vicksburg Lane No., said at the Feb. 6th hearing
Vicksburg served only 4 families and were told if they agreed not to have
It upgreded it would not be done. However, grading started there first.
He asked why the $4.00 street restoration charge was made, since the
sewer went up one side and,.water on the other. Engineer Hagen told him
It covered costs for grading, sodding, shoulders and culverts. Mr. Guthrie
said the road is still in very rough condition and full of chuckholes, and
for $4.00 he could have put that little bit of sod in himself. Engineer
Cook told him the road will be made prssable., but not too extensively,
because it is a state aid road and Will be completely resurfaced later on.
Mr. Guthrie asked if they'll be assessed again and Engineer said they would
for a portion of it.
Mr. Wan. Keeley, 1445D Ranier Lane, questioned the rates for water use for
residential versus industrial and commercial.
Hr. Gordan Rabens, 16320 9th Ave. N., asked how they arrived at the
assessment in the Birch Briar area, lie thinks it is higher there than
other areas. Mr. Frigaard invited him to come up on the stage and showed
h'.m the southwest project map and assessment policy.
1r. Lyle Veaderko, 16725 County road 6, questioned the fill 'icing put in
his area where there is a swamp. lie was concerned about tate drainage.
Engineer Bonestroo said this area will be a village park and they have
a chance to get this fill. He need not be concerned about the drainap-
as it will drain into the storm sewer or the south side of County Road 6.
Mr. Clarence Jansson, 1250 Highway #101, asked if a personal or certified
check would be acceptable for assessment payment. Mr. Barne:A said a personal
check is acceptable, but should he accompanied by the Plat and Parcel number
for correct property creLit. Mr. Janssen said the road is still considerably
lower than his driveway and if not taken care of before winter, will create
a bad situation. Engineer Cook said the driveways in his area are going to
be taken care of shortly.
Pars. Loraine Guggisberg, 14908 Co. Rd. A, asked it part payments of the
assessments, like $500 at a time was acceptable. She was told that full
payment of the assessment before November 2nd would incur no interest, if
paid by November 15th interest until the end of the year would be charged,
and if paid up at any later date the whole assessment sum must be paid at
that time.
Mr. Arthur C. Klust, 151:0 Weston Lane N., asked for confirmation of the
date the assessment rolls had to be sent to the Hennepin County Auditdo
and that adjustments would be made later.
Council Minutes - October 2, 1969 - Page 5
Special Neeting
Mr, John Schuler, 2105 Walnut Grove lane, called attention to his
driveway in Imperial Hills which he has not been able to use and
the m:::.ltoas which are quite a bit above street level. He was
told this condition is to be taken care of shortly.
Public Hearing closed at 10:00 P.m.
Mayor Hilde stated that Council must decide by the end of the
month on the adjustments.
MOTION was made by Councilman Humphrey, second by Councilman Hintz
to adopt RESOVITION NO. 69-360, A RESOLUTION CONFIRMING AND ADOPTING
THE ASSESSMENT ROLL OF $496679919.05 FOR THE SOUTHWEST IMIPROVEMENT
PROJECT 0168-1E. Motion passed 5 aye roll call vote.
Attorney Lefler stated thac.,he and the Engineer reached an
agreement price for the Imperial Hills water system for $38,159.09.
MOTION was made by Councilman Johnson, second by Councilman Kindseth
to authorize the Mayor and Acting Clerk to enter into an agreement
for the purchase of the Imperial Halls water system. Mayor Hilde
and Councilman Humphrey want to make a check firPt to see if the
purchase price is included in the budget. Councilman Johnson with-
drei his motion and Councilman Kindseth withdrew his second.
MOTION made by Councilman Hintz, second by Councilman Johnson to
adjc,urn at 10:10 P.M. Motion passed 5 aye vote.
N
ATTEST:
1
Al K lael, Jr,
A
RESOLU'T'ION 69-360
ASSESSMENT ROLL
SW PROJECT 68-1E