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HomeMy WebLinkAboutCity Council Minutes 10-05-1971 Speciali jl v v J it O , MINUTES OF A-SPBCIAL OOUNCIL ZtBBTING PL'"i40UTH, M'r.NNESOTl4 0C;0 8R S, 1471 ` ,. A upacial reting to hold usesasen*he rings on variouo pro acts nae called to or er., Mayor.Rilde at 7:10 P.K.. on Uetabsr 5, 1971 in the Diaeon Hsights Elementary School, 12315 Righvay SIS . ' PRESENT,:-` Mayor Rilde, Councils. Johnson, Riots, Sparth and Hunt. Mawger Willis, Eq.neer kud-tid:,. Consultant Eagin4er Olson, Frigafrd and Cgok and Attorney Oratis, AESFJTP: None Mayor 811de introduced Tanager Willis to the citisaas. Manager;Willi it troduced the Council, Vil age ,;sta,ef, Attorney and cabers ref the Village', Conanitii t Engineering fire. gt+ to:.,d the cittsens they could obtain then proposed uo as- Rent Erne the Aaseeeoen: Olerk and hie assist nt. if they had gwstion per itr bg to an engineer proble e they could consult one of the aniinters present. The pub' pose of the hearing ie to atuver their questions pertaieing to their assesseunt. Village Engineer Rudrud said public hearings haw beau held on clic project• listed on the agenda rhich ware carefully studied by the Council before they +core ordered. Manager Willis told the citisaas hov the notices of this heari sR vas announced. ' They ve re told that the area charges care not definite at c tine the aasasa- sent roll vas prepared. This particular study has not been eoinpletad so the acreage charge is being tabled until a later date four assesgoe at. Mayor Hilde ascplained the Y1111 ge policy for making thea• aasr see ts and if a citisen,pays his aasessunt in full vithie 30 days of the assa,saant ill adoption no interest will be chaxged. If it is paid in full prier to N weaber .'th of any, , given year interest vilY be charged to Deeeober 31st of the ye 1r of piymeat. If a citi:en feels hi• aseass.at i' not fay, he say file an appe tl to the Clerk of District Cbuct of Hennepin Cou ty within 10 days from adoption of the assassarent roll and serve such appeal upon the Mayor or Village Clerk vith;in ZO days frog the data of rhe aesesemant roll adopiton. The procedure to fol'lov if they viahed to speak before the Council Yes explained. 0 PROJBCT a1-1.2.0-C CAVAI AUGH ADDITION S6t>EA AND MATER: The puhlic hearins opened at 7:30 T,M. Mr. R. K. 7.'horneton, 3225 !.+navood Lana, o anted to kna+ how the aseeseeents vare axriwd at and what the payoff period ia. Engtnae: Rudrud explrlaad the assess- ment procedure end said the rate it+ 579.55/fr.ft. Originally it a estimated at 530.89/ir.ft. Nr. Thornton and ia neighbors are concv-ned a+out the number of homes for Bale t:avanaugh Add+ttar. Ha has. a ro•+ r+l'1 so vis not in favor of the `''RPt, Ha •`i `mi to have t;e asseseeant reduced or extnnd•Cht payoff period o'er a longer itee. Mayor Hilda acid the cost is divided yip among the property oomers and L:,e1'e 1a no way it can be reduced. .Ct will bdt a.Fread over 20 or 3U years. 30 years if as c:an da 1t that way. The ares. charge ie a f?at nae time chrrge and say As increased #rqe the total charge of $225 ead laaz yeafi on a act u int. d 0 0 11 1 f . Page 2, Special. Pleating, Oct. S. 1971 Mr. Sigurd W. Anderson, 14,720 31st Ave. N., said he wondered if the asseeiuOents could,be broken down to'show what percentage of it involved the trunk line;. Mayor Hilda told his the trunk line was not involved. This is the area chirge that u-111 be made -neat year. Mr. Anderson said most of them prefer the 20 ;year. payoff due to the interest involved rather than 30 years.; Public hearing 4,osed. ti MOTION was made by'Co=:11man Spaeti-, second by Councilman Johnson to act on, each assessment roil, one at a time.,. Motion carried, unanimous vote. i MOTION was made by Councilman Runt, second by Councilman Johnson to adopt RESOLUTION NO. 71-356, A RESOLUTION CONFIRMING AND ADOPTING THE ASSESS- MENT ROLL. LEW 5326 IN THE AMOUNT OF424911930.14 FOR PROJECT /71-1,:,0-C CAVANAUGh ADDITION SEWER AND WATER II&RDVEMENTS AT 82 INTEREST PER Aim FOR TWENTY (20) YEARS. Motion carried S aye roll call vote. V PROJECT 070-1 0 8-A PARKER S LAXE STREET 11TR AVENUE MAGNOLIA LAMB AND RES% N0. 71-356 CAVANAUGH ADDITION ASSESSMENT Ou ADOPTED IS (CTY. RD. 16 TO 2(.". ,AVENUE): Public hearing opened at 7:45 P.N. Mr., Ken R. Gardner, 1'40C Harbor Lane, asked if property Is -bounded by Two roads are you assessed for the frontage on both roads? He want to the Village hall and could not obtain this information. Engineer Rudrud said it deparlds on whether or not At could be split.; Mr. Gardner questioned the area charge, we had it for several years. Why do we have to pay an increase now for the others who will benefit? Mayor Hilde said that Ir why we are not assessing Its Engineer Frigaard looked up his property and found he owns four lots with a house on Lot 3. Nr. Gardner said the other lots are "unhuildable". Mayor Hilda told him we will adopt the roll but the Council Will View the property and decide whether or not they are buildable. Mr. Gardner quest- ioned the time for filing on appeal. Mayor Hilda suggested he file an appeal as there is no way to know what the decision will be. Mr. Robert.Hoppe, 1711 Fernbrook Lane, asked why he is being charged for the whole frontage when the pipe does not cross the whole length. Mayor Hilda told him it is not a matter of haw much pipe is laid, we use the frontage of the lot for the assessment because his house is being served by it. Mr. Mar Smith, 14912 County Road 06, said two years ago we were part of the Southwest project and got water for S9/fr.ft. We objected to it. V-6 appeared before the Council on October 18. 1969 and the Council adopted Resolution No. 69-382 which he read in part as follows: to charge property owners along County Road 06 from Xentun to Niagara Lane and properties on Niagara Lane in relationship to Project 068-1E at $19.00 per front foot will be assessed +at,.this time on assessment roll known as IBM 4747 and that the halance of $14.00 per front foot be assessed on iastellatioa of sanitary sever. As petitioned by land owners abutting County Rand 06 per exhibit A 4-% Project 068-1E file." My assesemen, does not conform to this Mr. Smitn continued charged $16.25 instead of $14.1)0. I would like to ask the they can do about getting this reduced. Mayor Hilde said this out for an answer. and I am being Council to see what the staff will check 1s C Page 31Special Maatlag, Oct. 5, 1971 ° Mr. Gary Fra,tend, ]'325 2'6th Ave. N., pointed out that there has been an addendum to the'-developmsnt'cantract,which was acted on last night, (Oct. 4th), which af!•ects the water main assessment on Ferobrook and Niagara. This is on this rolls for the assessment tcoight, yet ttie addendsm has,been paid for by a 252 down payment on a shorter tern than the longer period. 'It must be taken up bye another addendum to an addendum which would reduce the amount to be paid, other- wise it will be paid for twice. I am requesting this for the records. We must take it up sometime in the future by an addendum to the developuent contract. This assessment is to be paid up in five years. Mayor Hilda said,the Council Is meeting Thursday and will lock into the amendment possibility. Mr. Freund said he would like to be present at the meeting. He was told to check this out with Manager Willis. Mr. Roger Richters. 55 Magnolia Lane, asked if the assessment charges are strictly for front footage-> He wAs told it vas. Mr. Richters said he has 212' frontage and there is no possibility of building another house on my lot. I was told that this would be taken into consideration. It to a pia shaped lot. I actually have use for calf of the acre. Mayor Hilda said w' will be consistent on assessing pie shaped lots and will treat them all the same. Mr. Richters asked if consi- deration was given to the unusable portion of the property. Maynr Hilde said we do for the area charge only. My assessment is almost $6,000 and that is a lot of money for sewer and water that I will probably never need. Ridgemount Ave. and County Road 015 is due for resurfac.4:ng next spring isn't it? It is gravel now. Has a contract been let or will you do it next yeart Engineer Olson said it will be done next year. Mr. Richters asked if he is being assessed for something that has no contract let for it. Engineer Olson said yes. Mayor Hilda told his the Council will look at his property for assessment consideration. Mrs. Joy J. Shepherd, 14510C 13th Ave. N., asked if that is a permanent type road on the east side of Parkers Lake aed if any Federal funds are available. Mayor Hilda said it is permanent and no Federal funds are available. They would help out the community for big interceptors but not neighborhood projects like this. She asked if he knew what the area charge will be approximately. Mayor Hilda told her what it has beun in the past and said we do not know what- it will be until the study is completed. She wanted to know what the lot requirements are in Plymouth even if water and sewer is in. She was told it is 18,500 sq. ft. Mr. Wma, C. Braata, 1150C Kingsviev Lane, asked if assessments are the same for every project, his is about $34/fr.ft. for 242' frontage, totalling $7256.11, east of Parkere Lake. Engineer Rudrud said the front foot charge is based on the actual cost of the project. Mr. Bracts said he•know extra work was involved but felt the Village is negligent in watching the contractors. The second section is 120 feet and I have to have 18,500 igare feet to build which makes it impossible for me to build there, although there are three lots. Mayor Hilda said you can build on each lot if they have been platted. Mr. Braats said for an ordinary man like myself it is quite outrageous but I suppose it :s to be expected in this wonderful country of ours. Engineer Rudrud said your assessment is $28.50/fr.ft. Mr. Walter L. Dolmseth, 1341 Kingaview Lane, said he built a home and just moved In. We understood that the assessment would be based on front footage, our lot is pie shaped. Now is it assessed? We combined lots 6 and 71 and asked for one outlet, but they added one the next day and on lots 8 and 9 too. Engineer Rudrud said there is no extra charge made for outlets, you are charged for one. 9 v Page 4, Special Meeting, Oct. 5. 1971 Mr. Dolmseth thought the basis for>assessmat,would be the measurement -of the ftcnt to the back and divided by two because the width of the frost is,good only for one lot and the variance is only 10 feet. I ask that the basis of assessment be made on the two widths. Mr. Frigaard explained how'hr irrived at the assessment and said this is not a curvilinear street. Mayor Hilda said the Council would like to view the situation before a final decision Is made and he can call the Manager in about ten days to find out what action was taken. Mr. Dolmseth asked how he could be put on a mailing list. Re was told to contact Engineer Rudrud about this. Mrs. Wm, Hajny. 14415C 17th Ave. N., said we have an acre lot and our house is directly in the middle. There is no way the lot %an be divided. Our front footage,is 208.7' and the assessment is twice as ouch as anyone else's in the neighborhood for the same services. Can this be remedied in any way? Mayor Hilda said the Council will review it and see whether,or not the location of your home is such that you,cannot divide it. She said they just put, in a new sceptic system and it cannot be moved. Public hearing closed'at 8:03 P.M. Councilman Hints said the people on County Road 16 and Niagara are right. We will have to change the assessment roll to correspond with the previous reso- lution. We will not take action on this for this reason ar+td Mayor Hilda. An area charge was made to them and they did mot get the sewer said Councilman Hints. PROJECT 168-1.0-C, 34TH AVENUE b XENIUM UNE SEWER AND WATER: Public hearing opened at 8:05 P.M. Mr. David T. Sarych, 3350 Xenium Lane. asked when the project and roads will be done. He was referred to the Engineer for this answer. I J Mr. Ray D. Johnson, 13120 34th Ave. N., said they were told at the last hearing that in the original plan the assesement included concrete curb and gutter. There was some objection and we were told consideration would be given to black- top. I wonder if it is included. Engineer Rudrwi said it will be included in the assessment and he verifiAd the assessuent charge. Mr. Johnson asked when the assesument is das and payable. Mayor Hilda said if the roll is adopted tonight you can pay it within 30 days without Interest, otherwise it is auto- matically spread over a 20 or M year period and will appear on your next tax statement. Public hearing closed at 8:08 P.M. rROJEC1T069-,8-A 26TH AVENUE TO MEDICINE LAKE DRIVE: Public hearing opened at 8:09 P.M. Mr. Thomas Keefe, 2635 W. Medicine Lake Drive, asked for an explanation of the area charges. Mayor Hilda explained this to h,!m. Mr. Keefe said there are two projects in the area and asked what this particular project was comprised of. Engineer Rudrud explained that this one was for awwer and water laterals. The other one is for water., Mr. Keefe said he noted there will be a $13.00 front foot charge for sewer and asked if this is the only rule they follow or are there exceptions? Mayor Hilda said everyone is charged on the front foot basis. The area charge will be made next year. Mr. Keefe said he understands the sewer project is not complete and has been stopped due to a conflict be- tween the Village and the contractor. Manager Willis said there has been some problems, concerning a portion of the project. 0 i Page 59 Special Meeting, Oct. 5, 1971 Mr. Keefe said we.)have sewer in front of our residents and cannot get a permit to connect., We are.concerned about being assessed this year for something we cannot use. We were told by a Village representative this project will not be colleted until next year. Personally,, I feel we should not be on the assess- ment roll until then, it is of no valui;to me. You should question yourselves accordingly and give this some consideration. Mayor Hilde said we have given that subject some hard and long consideration. We assess'projeets once a year, in the fall, in order to get the rolls to`,the County by October 10th. The pro- blem is what do you do about projects just',under way and you have funds under way. Basically, the citizen pays,the same regardless of which way we do it. We would be accruing interest to get the money, so we have to capitalize on the costs. We have no other way to pay"for the interest charge. Mr. Keefe said I appreciate that but is there arm;- reason,,why we cannot connect to the portion now complete? Mayor Hilde told him that this will have to,be checked out with the engineering staff. Mrs. James Dersows 12300 26th Ave. N., said Larch Lane was going to be extended 100' more. The ether day a gentleman said we are,not going up Larch Lane and,, Mr. Johnston said they are going through all the way ap to 28th and the project will not be completed now, is that right? There are,jisst two peopla in there. Mayor Hilde said we will refer thio to the staff and asked if she was concerned about getting hooked up as soon as possible. She said yes, and we were told we would be assessed now, that sounds illegal when you charge interest. Mayor Hilde said we use your money to build the project. We had to borrow the money, we must get it back from you. e#en though you cannot use its it is money spent for the project. We pay the contractors gradually while they are doing the work. Public; 'nearing closed at 8:20 PoNs PROJECT i71 -1 0-K SSTHENANDOAHPROJECT:, Public hearing opened at 8:22 P.M. No one appeared and hearing closed. Action on this to be taken tater. PROJECT d71 -1.2,0.8-A WEST SIDE MEDICINE LAKE: Public hearing opened at 8:25 P.M. Mrs. Edward Sell, 11835 28th Ave. N., said they had previously asked for a waiver on the 220' on the lake, across from our house, on the lake side. the Village has a 30' road easement. Are you going to give it back? We cannot use it for anything otherwise. The assessment ohould be abated until you do. I am objecting to being assessed for'it now. Mayor Hilde told her they will get back to her later with an answer. Mr. Delano D. EricksoA. 2317 Kirkwood Lane, said his property is a long. narrow strip with 75' on Kirkwood and 22.4' on Larch Lane. I am being assessed on both fronts. I checked and find three of my neighbors are in the same boat. Engineer Rudrud was asked to check this out. In a later eonvereationitr. Erickson said lie feels that he and his neighbors are not being assessed the same as others who art being assessed for one front. Mayor Hilde said you have longe narrow lots. the policy we are following is the same used in the Southwest. The lot is such that sone day it is possible to subdivide it into two buildable lots. Mr. Erickson said there are many lots not more than 100'. Mayor Hilde asked him to submit a list of people who are getting a break and those being assessed ucfairin e0'the Coutieil can evaluate them. If we feel it is not right, we will consider it. Page 6, Spec, Nbuitr ing, Oct. 5, 1971 t Mr. Charles 0. Verflin, 12720 7th Ave. N., asked will. this be the same cash payment in November of 1972 as 1'971? Mayor Hilda said, no the assessment we are talking about tonight will be spread over 20 or 30 years unless yo4 pay It up in cash within 30 days with no interests one next year is an area one-time charge(. Mr. Veflin asked, then if asses and in'1972 and payments start,in 1973 one years interest will be added and payable over 30 years? In our area the work will not start until nest year, (Creekwood Heights). Mayor Hilda said the project was divided into many segments with emergency areas started..first and others to start nest spring. 14r. Veflin said the homeowners;fa:.l if the work is not going to be started until next year and someone wanted to pay off their assessments it would be hard to sell their homes with 16 work started. Mayor Hilda said considerable work has already been done U. order to get v.y;ter to you neat spring, trunk lines will be comp- leted this fall. The contracts have been awarded and we have to' get streets in shape before winter. 1Rr. Veflin said the homeowners prefer to wait until 1972 for the assessments becuase they will not have anything to pay for. Mayor Hilda said'I repeat what Mold another citizen regarding this subject, and add that contracts were let in order to get better bids and they did not start be- cause it would go into winter and create bad road conditions. We are Being according to Logic and money must be obtained from )vu now to pay your bills. Interest must be paid for borrowing money, otherwise you would have to pay more. Mr. Veflin said our main point is about selling our Mouses without it. Councilaan Hunt said he was not in favor of having the assessment hearing on projects not started.tble year and put figures together like $3.000 and 14,000 and start charging interest for projects alivady ordered, but then the interest accumulates which would take five years to get down to normal interest. Actu- ally your first pa!ment will be made on your taxes about the same time the pro- ject will be completed, which is better, and you should look at -it that way. Mr. Henry Sahly, 11825 18th Ave. N., spoke on behalf of the West Medicine Lake Community Club, 1705 Forestview Lone. He was at the Village hall and found the assessment to be $5660.80 for 353.8'. It is not fair to charge us $16.ft'fr.ft. There will be less than 100' of line on the property. Mr. Frigaard got out the map and pointed out there is 776' of property from point to point and the water serves the north half. Mr. Sahly said they are splitting up cur parking lac, ballfield, ateo and there will be no water line there. MaynY Hilda said the fact where a pipe is in the ground is not, what we go by, it is the service to your lot. In some cased we may run a pipe only to the corner of a lot, we use the front footage to make the charge. Mr. Sahly said he cannot under- ntand the $5660 for one hookup at $16.no/fr.ft. for less than 1001. Mr. Frigaard said we applied the same rate as we did for the whole area. Mr. Sahly said I think we are in a bad area. Mr. Lawrence LaLiberte, 11845 28th Ave. N., said he wanted to bring up a few points in consideration of the assessment of $24,751.79 on hie property which he values at $34,200. He read his letter in part of October 14th, which he sent to Mayor Hilda, exhibit A attached. Ile said the subdivision was reviewed and I was advised to hold off until something could be decti4d. I guess this is your decision. Engineer Rudrud said 27' is being condemned for right of way of the street, Mr. LaLiberte has requested and filled out forms for this subdivision. On July 7, 1970 the Bui,&Aing Inspector asked for a drawing of the property lines by letter, since that time there has been to action on your part the Engineer reminded Mr. LaLiberte. He said I.carie in and amt with Mr. Kaman and questioned him about thea sea level and gave him a survey with a full description of my property. Engineer Rudiud said the indication is that they are unbuildable lots now* and are under the minimum, Mr. LaUberte said A, o Mayor Al Hilde Plymouth ,Village Plymouth,,Minnesota 0 Dear Sir: r E o Mayor Al Hilde Plymouth ,Village Plymouth,,Minnesota 0 Dear Sir: i 'o October,4, 1971 In regard to plat 43723, parcel 6180`. I am writing to post a protest. After taping to Mr. Ron Rudruud and Mr. James Willis on Thursday, September 301 1971, I was informed ofa $24,751.19 assessment placed on my pioperty valued at $34,200.00. feel that ,your assessment of'$24,751.79 is far in excess of the 1971 market value assessment for the following reasons: 1. July 6, 1971, notice of market valuation of $34,200.00. 2. Increase of .7237% of market valuation for assessments alone. 3. August 31, 1971, petition.of condemnation for permanent easement for street and utility purposes. 4. No satisfaction of condemnation pr»ceedings prior to starting project. . 5. Letter dated August 31, 1971, states "Before these commissioners hold their hearings, however, the Village will contact you and make an effort to settle matters directly." 6. Due to the condemnation of the additional 27 x 628.5 feet, the remaining property is non -saleable as a parcel nor is it buildable according to your building code and zoning ordinance. 7. A portion of the above mentioned parcel had previously been sold prior to condemnation notice. 8. Mayor Al Hilde skated at the pikblic hearing meeting on May 20, 1971, that the weRt portion of;Twenty-eighth Avenue North east of West McOcine Lake aria e, now situated on my property} would be moved 1:o the original dedicated plot and my land restored. Instead, the property is beim condemned. 9. Objection is m!sde to the manner'in which the assessments were computed. EIMMPLE: All,other parcels on the south side of Twenty-eighth Avenue North east of West Medicine Lake Drive are 165 feet deep while a portion of my parcels depth is being condemned for permanent': easement thereby reducing the depth of my parcel to as littlo as 55.8 feet in certain areas. 10o The Plymou b Village ol:ficials have procrastinated on my request for sub -division of this parcel since July of 1970. Because of this procreatinating it is extremely doubtful that it will now be I i r E i 'o October,4, 1971 In regard to plat 43723, parcel 6180`. I am writing to post a protest. After taping to Mr. Ron Rudruud and Mr. James Willis on Thursday, September 301 1971, I was informed ofa $24,751.19 assessment placed on my pioperty valued at $34,200.00. feel that ,your assessment of'$24,751.79 is far in excess of the 1971 market value assessment for the following reasons: 1. July 6, 1971, notice of market valuation of $34,200.00. 2. Increase of .7237% of market valuation for assessments alone. 3. August 31, 1971, petition.of condemnation for permanent easement for street and utility purposes. 4. No satisfaction of condemnation pr»ceedings prior to starting project. . 5. Letter dated August 31, 1971, states "Before these commissioners hold their hearings, however, the Village will contact you and make an effort to settle matters directly." 6. Due to the condemnation of the additional 27 x 628.5 feet, the remaining property is non -saleable as a parcel nor is it buildable according to your building code and zoning ordinance. 7. A portion of the above mentioned parcel had previously been sold prior to condemnation notice. 8. Mayor Al Hilde skated at the pikblic hearing meeting on May 20, 1971, that the weRt portion of;Twenty-eighth Avenue North east of West McOcine Lake aria e, now situated on my property} would be moved 1:o the original dedicated plot and my land restored. Instead, the property is beim condemned. 9. Objection is m!sde to the manner'in which the assessments were computed. EIMMPLE: All,other parcels on the south side of Twenty-eighth Avenue North east of West Medicine Lake Drive are 165 feet deep while a portion of my parcels depth is being condemned for permanent': easement thereby reducing the depth of my parcel to as littlo as 55.8 feet in certain areas. 10o The Plymou b Village ol:ficials have procrastinated on my request for sub -division of this parcel since July of 1970. Because of this procreatinating it is extremely doubtful that it will now be I i i.. r approved Consi4rable expense was entailed to meet your requirements on sub-d.vision, $ut obviously' to ono avail. t t 11.he amount needed to pay off this assessm snt over a twenty ye tperiodwillincreasemypresentmonthlypiymentbyapproximately k 004100 a month which I do 'not have. x 12. According to Mr. James Willis, the value f my property,io it be increased by this agsessment to an aariourt of approximatel 54,951;79 which is an amount thaw far exceeds,fair mapt'et value. In conclusion, if after reviewing the above objections, Pkj,mouth` Village cannot reach a fair adjustment, the Village of Plymouth will be forcing me into bankruptcy; , Sincerely, awrence J; Y.a i erie 11845 - 28`th Avenue North Minneapolis, Minnesota, 55441 cc: Hutchinson Federal Savings and Loan i Page 7. Spec, Meeting, Oct. S, 1971 with a waiver it could have been. Mayor Hilda said this will be decided whet it cos before the judge.. Mr. LaLiberte said I cannotot do anything with the 25.8' and am being charged'$25/fr.ft. fcr it, now the'subdividad p6rtion is down the drain. The Council considered his conments and reviewed his property on the map. NDTION was made by Councilman Johnson. second,by Councilman Aunt that if and when the assessment roll is adopted that Mr. Lawrence LaLiberte's parcel of land, Plat 43723, Par:el 6180, be part, of the assessment roll. Mr. LaLlberrte was told he could appeal the assessment in accordance with Statutes 429.081 which was explained by At;orney Draws. Mayor Hilde said the Council will con- sider the condemnation charge. It was -all done according to the laws We cannot do anything about it. Councilman Johnson told him it is better for his to make an appeal then the Cotmcil can look at it at that points Mr. LaLiberte objected to the manner in which the assesamento were computed. A portion of his property,, Is being condemned and reduced. Can't it be computed other than by front foot? Mayor Hilda said we have figured out an assessment policy that is fair and con- sistent and used by practically every3ne. I do not sea how we can make an ex- ception in your case. Mr. LaLiberte ;questioned the policy for assessing pie shaped lots. Mayor Hilda explained that a formula for thosol and rectangular lots is used. Mrs LaLiberte said he thought it could be computed on a squares foot basis. He was told that would not be fair to his neighbors. Motion carried 5 aye votes. Miss Gladys Rippe. 2610 W. Medicine Lake Drive. said she wanted to know what she was being assessed on. Mr. Frigaard ,said he would show her. She said the sever is not complete yet is it, they ran into all sorts of complications. didn't they? Mayor Hilda staid that is true. Miss Rippe said a point of past history "a that there was to be a deferrment. You said you were only going :o assess where we live and that there would be a deferrment until we sold the praperty. Council- man Hunt asked if she qualified for the Green Acre Leer. She did not know. Mayor Hilda suggested she :alk to the Assessor to see if she does. That would be a reason for an assessment deferrment. Marian Deininger. 1100 Evergreen Lane N., said they are not being properly noti- fied. Do we have to hook up to the water? Engineer Rudrud explained the village policy for hookups and the certificate requirement from the Health Departrent. She aekud what the service rates are. She was told it is $9/quarter for a mini- mum of 18.000 gallons. Mr. Elroy M. :eterson, 15651 Evergreen Lane. asked that the area charge be clarified and if they include water main and storm sewer chargee? Mayor Hilda said the evea charge is not :1eing made this year. Storm sewer to another matter. Mr. Friglsard explained that storm sewer is based on square footage. Mr. Peterson does not have storm sewer. He questioned subdividing his parcel. The Engineer told him he would have to put the connection in if it is subdivided after the iroject to in. He asked if ;se could pay it within 30 days to escape interest. le was told that was correct% R,:. Norman r. Torrison, 1291) 27th Ave. N.t asked why the interest rate is 82 side Wayzata charges 72. if you are charging us the exact price of the pro- jtx t and assessments are running up*6 0,000 it seems exhorbitent. What interest art you payiag? 6.982 told Mayor Hilde, in the course of `san6ling financing we must get money from various places and we get a spread which goes directly into the Sinking Fund. We do a lot of things different than Waya.:'a. You are welcome to examine our Atandards to see what we do with the money. N Page, 8-9 S}gc. Meeting, ;,gct.i S. 1971 Mt4" To=1son said a large nuober of people called to find out what the assess - Dant •could 'i 't, most thouiht they would get water, sever, clirb and gutter for 2100, no o#,, , said we wit; get another charge next year. Creekwood Heights 2nd, iddition han',a rear. been 'assessed an area charge, evidently Engineer Rudrud ,does not kuov that,, It was for , Project t68 -1D, We called the Village hall and tkey said we will have an area charge next year. That is wrongs HWthe Village changed their rales about when you wirl'" ess the project" The Council explained to him that bids were let this year to get better prices and planned installation lit spring to avoid the inconvenience of muddy roads for the people.._. Mr. lforrison questioned paying fot a project not completed. Mayor Hilde explained that we are payivg interest on this money borrowed for these improvements. Engineer Rudrud explained what is going in and when and'what the charges are. Nr. Torrison compered their street restoration cost to the one for West Medi- cine Lake at $6.40/fr.ft. Mayor Hilda said you are getting permanent streets. Manager Willis said+, he recollected that they are getting sanitary sower mains and laterals in the street and there will be no street left to restore, because of this you are talking about semattce and money, thn street will have to be rebuilt with no opting in this area. Mr. George Hoyt, 263:: Sycamore lane, asked, if the cost for Creekwood Heights is au overall cost inclu%log more than the area they live in or not. Manager Willis said, the sanitary sewer t)rtion was divided and there are two lost centers. The other area is ht&it, dr. Hoyt said %here you have govt asphalt sheets now we pay the penalty for Mother street. Manager uillis said the Village did not, have a water system whet the street vas put in. Mr. loyt said as a homeowner I have no idea what; it w•'ll be for sever, water and straets, I do not know but that it will be prohibits w to live in my house, which is unfair. Manager Willis said we :a -,N dive you the .,soessment for water and sewer but net streets because we have not received bids .et. Mr. Hoyt asked why he couldn't get the infor- mation until last week, M yor Hilda sold we did not receive the figu'ns until just recently. Mr. Hoyt adked if the people have anything to say about how the street should be restored? Nayor Hilda said the public hearing was held and the discussion set forth the basic way that the project will be handled including estimates for it. We do kna.t about the newer and water and I will chuck back on the minutes of the hearing on May 20th said Mr. Hoyt. People would like a choice on the type of stree, restoration. Have bids been let? If not, can't you get two bide? Mayor Hilda said we decided on concrete, bids have not been let. Concrete is more expensive but our ordinance reads we must have concrete curb and gutter because the streets will stand up a lot longer and are easier to maintain. Engineer Ruerud addA that the streets will also have a better runoif, there are no storm seware in Creekwood Heights. Mayor Hilda said the Council Rave a great deal of consideration to this before it was decided on. If a few of you can get togeth-• with the Engineer nn why we should change, we can look at it another way. Ci wncilman 11ints said we received notice from your homeowners association saying ;:ley wanted concrete curb and gutters and no stormy sewer. Mr. Hoyt said he thought the complete assessment would be $3,000. Councilmau Johnson said if you t -ant to go back to the homeowners association dnd get together with them and come back we can consider it. Mayor Hil,de told him to take it first to Engineer Rudrud and he will give it to the Council. Mr. Tom Keefe sa+d he wanted to question the recommendation made to u certain taxpayer regarding an assessment deferment and to see the .assessor regarding the Green Acres Law. How can you fellows arrive at an assessment roll wheu a figure of $39,000 can be dropped P%r deferred? This will affect all of us. 1 r Page 9, Spec. Meeting, Oct. 5. 071 l If you defer it we will be losii--g and paying for it: Mayor Hilda said it would only be deferred to allow the assessment to float along until such time it become due. Mr. Keefe ref4red to St4tute 429.081.for appeals and asked If any other properties are bein't, considered uw ar the Green Ac -es Law. Mayor Hilde said we cannot do that before the roll is adopted. Wo have '120 Way of knowing who they would be. C,oungl.lman Johnson said it can be lone anytime before May of next year. Mr. Charles A. Niska, 2486 Hemlock'',,Lane, said the assessment roll i1t not up to date so he could not get his assessment, so I made out a letter =A have given it to you. Is it in time for consideration? Mayor Hilde saIA we will r id it and see if it merits a change. rt6 s Marie Mihm, 2110 Kirkwood Lane, said she is another one of the people who arit complaining about being assessed "or something that has not been done. Our assessment Includes water. storm sewer and street - storm hewer on top of s hill? Manager Willis said yeur water is creating a problem for the people below you. Miss Mthm asked where the digging will take place. Mayor Hilda referred her to the Engineer for construction details. Public hearing closed. PROJECT f71 -0.A SOUTHEAS"; WATER PROJECT • Public hearing opened at 10:15 P.t1. Mr. Gil Bittner, 13010 County Road 015, sold no adjustment was arrived at and he was assessed for sewer on 200' and is paying the same as the man for two buildable lots and two stubs. Hine is not buildable, it is I am objecting to being assessed for the 20'I' full frontage when it buildable. Mayor Hilda said his property wi.Il be 12oked at, next door low land. Is not Kr. G. P. Krautkremer, 41.0 Forestview Lane, said he has lots 16, 17 and 18 on County Road 115, 96 feet, and is being assessed for 150 feet. I do not under - attend my assessment, sewor was 124 fent. Mr. Frigaard said he will go over this with him. Mr. Krau'Aremer said we just sodded on Forestview and where the curb comes it was not replac-i. Mayor Hildh satd that is a constructiots problem, and referred him to the Engineer, Ruth S. Halbert, 14805 County Road #15, said we j•tst received our assessment for 133.5 feet. We are cn the corner of Kingsview and County Road M. The back of our lot is 74'. I am asking for consideraAoT.. Mayor Hilde said the Council wilt look at th".s. Mrs. Jo,;n Ye. b, y. Kingeview Lane, said they have a lot that is 150' at the front and 60' in the back. They are being assessed for 150'. Our neighbors have the oame and are only paying for the smaller anour•t. Will you consider this? Mayor Hilda said the Council will look at this. Mr. Louis Keit, 305 Deorwood Lane, said we were here at the first meeting, but no one knew about the aecond meeting, when the project was approved. Mayor ttilde said it is often done like thio. We have the public hearing ana go through it with the public then we evaluate it later but do not have another public hearing. We many have six meetings before we decide what to do. The public could have home in, per se. Mr. !tell said our sewer charge was pro- posed at $8.00/fc.ft. now we Are raying $11.55/fr.ft. They have about 30' access without going dawn the middle of the street, we understood that we would not be charged 1'or the additiona4 charge for street restoration, mayor ttilde said $7.00/fr.ft, was for water and the street restoration was $3.68. f`1 aa 0 w Page 10, Special Meeting# Oct. 5. 1971 He explained that in sorsa cases the restoration would be for a whole new street and to some cases, like yours, just replace sod or part c£ the street. We probably said to you we will not rip up the whole street, but rather preserve It and go dou- the side. The actual restoration came in at $3.55 which is lower. It is not a cvd•e: of where the pipe is laid how the front footage is determined or what side of L6te street it is on who will hay for it, it serves both siden and charged the same for both sides, $3.55 was a low bid. Mr.. Reil said sewer was put in four years ago for $7.00 it should have been cheaper. Mr. Bruce W. Banister, 15720 7th Ave. N., said I feel I do not benefit any more than people who have 140' frontage, I wonder It' it is done the right way. I want to take a look at it. I do not feel it is justifiable to c'iarge me $1517,00. Mayor Hilda said it was your choice to have a Large lot. A11,I have is 18,.500 sq. ft. according to the ordinance said Mr. Banistur. It is longer and not, as deep. He was told we had to stretch the pipe to get to your neighbcr. Mr. Banister said you, requested that I must have so much land. Councilman Johnson uaid it was your choice to live there. Mir. Banister said my neighbor pays $400 less than I do. I want it considered. When will the coasts be laid out for the sewer? Mayor Hilde said during the course of the project we had contingencies and not until the project is done will we know how muca it will be. It will be available as public information you can come in and see it. Mr. Jack Malmstedt, 15C Niagara Lane, said our house is in the middle of a plot that cannot be broken out, while you are out visiting we wish you to visit us. It is south of #15 at Parkers Lake. There are two lots broken off of the orig- inal plot, the westerly side of Niagara (SCJ ; %itersectio®a). This leaves an area scuth of our ho,,se not buildable. When the sewer stubs were put in they put in two, one in error and one for our house. 'fir. Frigaard checked this. Mayor Hilde asked if his house is on the big.lot and he said yes. Mayor Hilde said the Council will look it it but told him to send in a letter of appeal anyway. Mr- Richard Scht;,_dt, 23rd Ave. N., said yo,rtr records are not very up to date. I Tuve !our lots unJ only •e lot was nsseused . I am sure you will get It rectified. My house fcaeos and is a 4lorner lot, larger on Jonquil Lane, which frontage will be uli(.':: I csuld not find that out. Mayor Hilde told him to talk to qtr. Frinaard and if you are not satisfied come back. Mr. Chuck Scharl.au, 15tin5 2nd Ave. N., -laked 11 they will get another charge next year? Tie told in area charge Pill be itwde next year anti we do not iow what 3t will Tie,-knother hearing will be held like this next year. r. Manley Karels, 15018 County Road #15, said he has a oie shaped lot to 165' and does neat see why he should pay for Mx'. Councilman Johnson said we epproact4ad 0o SW basically the same way as was clone for the SE. There was very .lit l,:Ie -Uf feranc;e vhto time the wn- we did it for water. It deemed sound then. We ars taking the otal coat for #°he project and attomotin to %ttvide the cast. up between .Mo po,,jple in the uo%;t fair way, to doing sea you run into questions about rte shaped lots. We do not alwava satisfv evenyones, so we try and end up with something consistent. Mayor Hilde said lwa will look at it. H4 wonted to know when tho service will be ready. Engineer Olson helped him with that questiotz Mra. Earl b. Hkahe!tsbnj 1078 VinewoaJ said mAny pap4ple. did not receive nkatices for thiq meeting, 'Che ManAgor told her they will get ncticus Fnr a henrtng to he held October 1st. public hearing closed at 10.%4b P.M. L I V J ': I Page ll. Special Meeting, Oct. 5. 1971 public hearing opened to discuss street lighting: Mr. Torrison asked how much ornamental street lights cost and hoar much it would cost to convert from Mercury vapor lights -.6 Mayor Hilda told him to refer this question to the staff. Mr. Torrison was tole( that Seven Ponds pays $14.90/parcel. He said that sounds like the same we pay for mercury vapor. Councilman Runt said he has requested a study for adequate lighting and types of lighting we want for the balance of the Villsge was addet by Councilman Hintz. Mr. Torrison said it is dard to talk to people when we petition for them without knowing,what the cost will be: Mayor Hilde said your,lquesttons will have to'be answered by the staff. Hearing, closed-. Mayor Hilde asked the Council what objections were trade to the Parkers Lake Stre"t project. Councilman Hintz said because of Council's action two years ago all parcels abutting Niagara Lane along County Road 06 would be assessed at,$19,.00/fr.ft. so have to be changed. Mayor Hilde asked the staff to go back and redo the rolls. F,r; Frigaard checked on what lots they are. He was told we originally atsesse4 them $5 wi.hout restoration for water. Mayor Hilde, said the staff should be asked to pull out the exceptions and re-evaluate them and re -present them Saturday morning. Council agreed. Mayor Hilde directed the Manager on behalf of the Council., to develop a response to the people we deferred and tell them what we decided and send the Council a copy of this letter. MOTION was made by Coiatcilman Spaeth, second by Counc+lman Johnson to resume this asseenment hearing Saturday. October 9. 1971 at 10;.00 A.M..in,the Village hall. Motion carried 5 aye roll call vote. Meeting adjourned at 11:30 P.M. Caroline Hanf, Clerk