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HomeMy WebLinkAboutCity Council Minutes 10-09-1971 Specialc C/ O oo lUMOiS OF A SPECIAL COUNCIL MCMNG PLymm, MINNESOTA ! OCTOBER 9, 1971 o A meeting in contieuation,of the aosessment hearing held October 7, 1971 was tilled to order in the Village hall by Mayor Hiide-ac lO:30 A.M., October 9, 1971 • PRESENT:'Mayor Kids, Councilmen Johnson, Hints, Spaeth and Hunt, Manager Willis, Engineer Rudrud, Consulting Engineers Olson and Prigaerd. ABSENT: None ASSESSMENT RETIEWSif 1 C o D A review vagi held on Oe complaint made on the assessment of the Edward Sell RE: EDWARD SELL. property at,11835 28th Ave. N. Mrs. Sell complained about a x.'ad easement ASSESSMENT on oar property. Engineer Olson said she was confused because ,ihe is under the impression that' the easement prevents czeess to her property, but it does not. The Council discussed the easement and assessment policy. Councilman Hints brought out that Green Acre Lar deferrm...its do not ahoy on Cou.Nty records and when the property changes ownership the potential buyer ha> no way of being avare that there is a deferred assessment due on the property. A discussion followed regarding the effect of the Village"i fin- ancial position when assessments are revised for unbuild.able properties. MOTION was made by Councilman Hunt, second by C.oU%cilman Hints that inasmuch as we cannot foresee what is buildable or =buildable that the Manager be directoJ to have a resolution drawn up to establish a new policy to respect to the question of buildable or unbuildable lots wherein we will assess all properties equally within the assessment district, taking into consideration alleged or possible unbuildable properties. MOTION was made by Councilman Hunt, second by Councilman Johnson to adopt the assessment roll as it stands on Plat 44543, %Paftel 2600 and Plat 437230 Parcel 6170 owned by Edward Sell, 11835 28th Ave. N. Motion carried 5 aye roll call votes. Manager Willis said he discussed the assessment complaint made by qtr. RBt L. LALIBERTE Lawrence LaUberte, 11845 28th Ave. N. on Plat 437236 Par,^.el 6180 with ASSISSWRT Engineer Rudrud and Attorney Lefler. They did not concur with Mr. LaLiberte, Councilman Hunt said if condemnation was complete we could sake a decision. Councilman Hints said Mr. LaUberte never supplied the survey for a subdiv- ision waiver. MOTION was made by Councilman Hunt, second by Councilmen Hints to adopt the assessment roll as it stands on Plat 43723, Parcel 6180 owned by Mr. Lawrence Latiberte, 11845 28th Ave. N. Motion carried 5 aye roll call vote. MOTION was viade by Councilman Hunt, second by Councilman Johnson directing the staff to take another look at the Lawrence Lattberte property to see how this property can be used and be prepated to testify at the condemnation hearing as to possible uses of the land. Motion carried, unanimous vote. 1, j o b Page 2, h0`9/7L,'Speeial Meeting 1' MOTION vatmade by Mayor Hilda, second by Councilman Hunt directing the Manager to write 1i latter on behalf of this Mayor and Council explaining, their action'.,") taken toddy on each complaint which was reviewed. Motion carried, unanimous vote. Manager Willis said he could see ho reason why,)the assessment should be changed ,'or Charles Niska, 61486 Hemlock Lane on Plat 44020, Parcels 50, 100 and 150 because Hemlock Lana could be changed. Sanitary ewer is in , the right of way. The circumstances of future plans for Hemlock Lane was discusead. MOTION teas made by,,Councilman Spaeth; second by Councilain Johnson to adopt the assessment made on Plat 44020, Parcels 50, 100 and 150 owned by,Charles Niska, ".486 Hemlock Lane. lotion -carried 5 aye roll call vote. RE: CHARLES NISRA ASSESSMENT om Manager Willis advised that Mr. GilSirt Bittner, 13010 County Road 115 Rfic G. BITI'NER built oA how on the easterly side of Plat 43734, Parcel 4775 and has said ASSESSHM because he has so such unbuildable frontage ha,should not be assessed for ° the 220'. He owns 14 4fcres of which' s portion' to under water. Council revieved and discussed the complaint.' MOTION was made by Councilman Hunt, second by Councilman Spaeth'to adopt' the aiisessment made on Plat 43734, Parcel 4715 owned by Gilbert littler, 13010 County Road 11,5. Motion carried, 5 eye roll call vote. In to *Jng at the lots in Block 4, Wilshire Gardens Mayor Hilda askgd if RE: LOT 4 BLOCK 4'' consileration is given to pie shaped lots on a eurviline.-r lot and If we WILSHIRE GARDENS are boing consistent. Changing the roll was discussed. Councilman ASSESSMENT Johnston compared this to the formula used in the Southwest project. MOTION was made by Councilman Hunt, second by Councilman Johnson to RES. N0. 71-392 adopt PESOLUTION N0. 71-392, A RESOLUTION TO AMEND THE ASSESSMENT ON LOT ASSESSMENT TO 46 BLO" 4, WILSHIRE GARDENS AND BASE'SAID ASSESSMENT ON 110' MINIMUM BE AMENDED FPONTAGE. Motion carried 4 aye roll call votes, Mayor Hilda voted nay*. Mayor Hi1de slid he would rather take Lots 4 through 8 and equalize them. Councilman Johnson said this would not be consistent with what meas done in the past. Council reviewed and discussed the request made by Mr. Roger Richter of RE: ROGER RICHTER 55 Magnolia Lane to reduce his assessable frontage. This was discussed. ASSESSMENT MOTION was made by Councilman Hunt, second by Councilman Johuaon to adopt the assessment made on Plat 44680, Parcel 8600 owned by'Roger Richter, 55 Magnolia Lane. Motion carried 5 aye roll call vote. Mr. Keith Halbert, 14805 County Road 115, requested the Council to re- RE: K. HALBERT consider his assessable frontage on Plat 439000 Parcel 6000. This was ASSESSMENT reviewed and discussed. MOTION was made by Councilman Johnson, second by Councilman Hintz to adopt the assessment made on Plat 439006 Parcel 6000 owner! by MX. Keith Halbert. 14805 County Road 115. Motion carried 3 ayA roll call vote. 1 U u 0 Page 3. 10/9/71', Special Nesting Councilman Johnson advised that he discussed the assessment for Plat 43900 Pa mel 6801 with Mrs. John Ye and they came to an" understanding on the U subject. ' MOTION was made by Councilman Johnson, second by Councilman Hints o adopt the assessment made on Plat 439000 Paree1,6801 owned,Dy Jahn Ye, 05C Kingaviev Lane. Motion carried 5 a" roll call vote. The assessment reduction requeate. y John L. Ma1,mstedt, 11, 15C,`N igara Lane was reviewed and discussed. r MOTION was made by Councilman Spaeth; second by Councilman Rintz to adopt the assessment made on Plat 43733. Plat 620 owned by John L. Malmstedt, 15C Niagara.Lane. Motion carried 5 aye roll call vote. The complaint made by Stasley Karels regarding the assessment for Plat 44544, Parcel 4000 vas -)reviewed and discussed. MOTION was made by Councilman Hunt. second by Councilman Johnson to adopt the assessment made on Plat 44544, Parcel 4000 owned by Stanley karels, 15008 County Road 015. Notion carried 5 aye roll call vote. Manager Willis explained the complaint received from Walter Dolmseth concerning Lots 8 and 9. Block 1, Suburbandale, which property .:ha Engineer and he visited. The Council discussed the nature of Mr. Dolmseth's complaint on the computation of his assessment. MOTION vas made by Councilman Hunt, second by Ccuncilman Spaeth to adopt the assessment made on Lots 8 and 9. Block 1, Suburbandele, forming Parcel 425 owned by Walter W. Dolmseth, 1301 Kingsview Lane. Motion carried 5 aye, roll call vote. MOTION was made by Councilman Spaeth. second by Councilman Hunt to adopt RESOLUTION NO. 71-382. A RESOLUTION DIRECTING THE MANAGER TO INSTRUCT THE BUILDING INSPECTOR NOT TO ISSUE ANY BUILDING PERMITS WHERE A PROPERTY OWNER INTIENDS TO BUILD ON TWO LOTS UNTIL THE LOTS ARE COMBINED IN',V0 ONE PARCEL6 potion carried 5 aye roll call vote. The complaint made by Mr. Ken Gardn3r for the assessments made on Plat 44600, Parcels 6000, 60500 6100 and 6150 and his request to have his properties assessed as one unit was reviewed and discussed. MOTION was made by Councilman Hunt, second by Councilman Johnson to adopt the assessment on Plat 44600, Parcels 6000. 6050. 6100 and 6150 owned by Kenneth Gardner, 1240C Harbor Lane. Motion carried S aye roll call vote. Manager Willis said the Williar. I1ajney repidence is situated in the middle of Plat 44510, Parcel 6500 and Mrs. Hajney requested reconsider- ation of the assessment because the{y cannot subdivide the property. I!OTION was made,by Councilman Hunt, secOnd Ly Councilman Johnson to adopt the assessment on Plat 44510, Parcel 6500 owned by William Hajney. 4415 17th Ave. N. Motion carried 5 aye roll Ball vote. RE: JOHN YE ASSESSNP.N'i' I RE: J. MALMSTED? ASSESSKM RE: S. KARELS ASSESSMENT RE: W. DOIMSEIH ASSESSMENT A RES. N0. 71-382 PERMITS FOR CONSTRUCTION ON TWO LOTS RE: KEN CARDNER ASSESSMENT RE: WM. HAJNEY ASSESSMENT i 0 Page 49 10/9/71. SpIcIal Meeting A v With respect to the assessment made on the Circle,Star Business Development and comments made by Mr. Gary Freund at the October 5th nearing Engineer Frigaard said the roll was prepared on the,Change Order but it can be pulled out of the roll if the Council so desires. mOTION was made by Councilman Hunt.'aecond by Councilman Johnson to adopt the assessment made on the Circle Star Business Development property subject to adding 202 contingency fee for administration to the change order and that the staff be directed to delete'frou the assessment roll the down payment for the addendum to the Circle Star Business Development Company development contract that the developer paid. 'Motion carried 5 aye roll call vote. INION was made by Councilman stints. second by Councilman Johnson to adopt RESOLUTION N0. 71-393. A RESOLUTION TO ORDER THE ASSESSMENT ROLL FOR THE RESIDENTS ON COUNTY ROAD /6 AND NIAGARA LANE TO CONFORM TO THE POLICY STATED IN RESOLUTION /69-382 ADOPTED OCTOBER 18s 1969. Motion carried 5 aye roll call vote. A review and discussion was held on the assessment reduction requested by Lester Bockwell on his property at 14505 14th Ave. N. POTION was made by Councilman Johnson. second by Comlcilman Spaeth to adopt the assessment made on the property at 14505 14th Ave. N.. owned by Lester Backwell. Motion carried 5 aye roll call vote. Councilman Hints expressed concern for the 202 contingency assessment that was made this year. He compared it to the percentage used to the past and the total dollar affect it makes for the village. He felt it should remain at the 152 level and asked what would justify the 202 if someone should protest this charge, Mayor Hilda questioned Engineers Olson and Frigaard on this subject and this was discussed at length. MOTION was made by Mayor Hilda. second by Councilman Johnson to adopt RESOLkYTION N0. 71-383. A RESOLUTION DIRECTING THE MANAGER TO: 1. Carefully study the need for the justificatinn of the contingency ercentage which is added to projects and assessed to our customers and investigate the possibility of giving a credit to all persons who were assessed in excess of 152 in 1971 which credit can be applied to the area charges which are going to be assessed in 1972 and make sure that the area charges will be ample to cover any credit given. 2. Further. that the Manager recommend to the Council a determination if a credit is due to the remidents based on the preceeding analysis and if such credit is dew. and 3. That the Manager develop a racorimendation to the Council with a view towards actually giving a credit to persons who were assessed during 1971 which considers fairness to the 1971 persons and wit give us comparability with assessments of previous years. Motion carried 5 aye roll call votes. it U RE: CIRCLE STAR BUSINESS DEVEL- OPMENT ASSESSMENT 0 RES. NO. 71-393 COUNTY ROAD 06 b NIAGARA LANE ASSESSMENTS RE: L. BOCKWELL ASSESSMENT RES. N0. 71-383 CONTINGENCY FEE M PROJECT NO. IMPROVEMENT PAYM M TERN 71-5,A FOR MEADOWS STREET LIGHTS 5 Years 70-2,A FOX MEADOWS STORM SEWER: a) Cavanaugh Additiop and Harris Property 20 " b) Fox Meadows 5 " 71-86A FERNBR06K LANE IMPROI M 10 " 70-8, E DUNKIRK LANE IMPROV VENT 10 " 70-8,C 36TH AVE. IMPROVEMENT 10 " 70-8,A 34TH AVE. IMPROVEMENT 10 71-1,1 JONQUIL LANE PROJECT 30 " 71-1,Y6G-C CAVANAUCH ADDITION PROJECT 20 " 10-11068-A PARK34TH LAKE PROJECT 20 " 68-1,0-C 34TH Vx. b XENIUM LANE PROJECT 20 " 69-1,8-A 26TH, AVE. TO MEDICINE LAKE DRIVE 20 " 71-1,0-K SHENANDOAH, DEVELOPMENT 5 " 71-1,2,0,9-A WEST MEDICINE LAKE PROJECT 20 " 7146A SOUTHEAST DATER 20 " 71-0,8-H 36TH AVR. N0. (ZACHARY TO JONQUIL) 20 " Motion catried 5 aye roll call -vote, i i Councilman Spaeth said we adopted - policy and should start incorporating KA: UTILITY the cash payments for wtilities when they hookup instead of when they get HOOKUPS the building permit. Manager Willis agreed to do this administratively. MOTION was made by Councilman Hlnts, second by Councilman Johnson to adopt RES. .N0_M38 S RESOLUTION N0. 71-365, A RESOLU`,fION TO CONFIRM AND ADOPT THE ASSESSMENT PARKFRS LAKE ROLL LEVY 5327 FOR PARKER.S LAKE SEWER, WATER AND STREET IMPROVEMENT ASSESSMENT ROLL PROJECT 110-1,0,84 IN THE AMOUNT OF $1,0350683.25 AT THE RATE OF 82 ADOPTED INTEREST PER ANNUM FOR A PERIOD OF 20 YEARS. Motion cerried S aye roll call votes. Page 5, 19/9/71, Special Meeting' ASSESSMENT PMUODS A discussion wam''6'Id concerning the number of years which the assessment PB: ASSESSMENT rolls are to be spread which were recornded by the, Manager for the rolls PERIODS that have been adopted. MOTION was made by Mayor Hilde, second by Councilman Hunt directing the RE: FOX MEADOWS Manager that rather than apply a straight twenty (20) year tats for the STORM SEWER Fort Meadows Storm ,`Sewer Project /70-Z,A, that he refer back to ti.,._ -:policy ASSESSMENT TERM and agreement made with landownets which was adopted for the Central Area improvements approximately a year ago rAr.d apply sane to this assessment roll which policy genrally had a s;rt term for commercial platted devel- opments and a longer term for copwrcial unplatted area. Motion carried 5 aye votes. POTION was made by Councilman 8inta, second by Councilman Johnson to adopt RES. NO. 71-384 RESOLUTION NO. 71-384, A RESOLUTION TO ADOPT THE FOLLOWING ASSESSMENT ASSESSMENT FAR= PAYMENT TERMS FOR THE FOLLOWING PROJECTS: TERMS PROJECT NO. IMPROVEMENT PAYM M TERN 71-5,A FOR MEADOWS STREET LIGHTS 5 Years 70-2,A FOX MEADOWS STORM SEWER: a) Cavanaugh Additiop and Harris Property 20 " b) Fox Meadows 5 " 71-86A FERNBR06K LANE IMPROI M 10 " 70-8, E DUNKIRK LANE IMPROV VENT 10 " 70-8,C 36TH AVE. IMPROVEMENT 10 " 70-8,A 34TH AVE. IMPROVEMENT 10 71-1,1 JONQUIL LANE PROJECT 30 " 71-1,Y6G-C CAVANAUCH ADDITION PROJECT 20 " 10-11068-A PARK34TH LAKE PROJECT 20 " 68-1,0-C 34TH Vx. b XENIUM LANE PROJECT 20 " 69-1,8-A 26TH, AVE. TO MEDICINE LAKE DRIVE 20 " 71-1,0-K SHENANDOAH, DEVELOPMENT 5 " 71-1,2,0,9-A WEST MEDICINE LAKE PROJECT 20 " 7146A SOUTHEAST DATER 20 " 71-0,8-H 36TH AVR. N0. (ZACHARY TO JONQUIL) 20 " Motion catried 5 aye roll call -vote, i i Councilman Spaeth said we adopted - policy and should start incorporating KA: UTILITY the cash payments for wtilities when they hookup instead of when they get HOOKUPS the building permit. Manager Willis agreed to do this administratively. MOTION was made by Councilman Hlnts, second by Councilman Johnson to adopt RES. .N0_M38 S RESOLUTION N0. 71-365, A RESOLU`,fION TO CONFIRM AND ADOPT THE ASSESSMENT PARKFRS LAKE ROLL LEVY 5327 FOR PARKER.S LAKE SEWER, WATER AND STREET IMPROVEMENT ASSESSMENT ROLL PROJECT 110-1,0,84 IN THE AMOUNT OF $1,0350683.25 AT THE RATE OF 82 ADOPTED INTEREST PER ANNUM FOR A PERIOD OF 20 YEARS. Motion cerried S aye roll call votes. Page 6`10/ )/71, Sped ' 1 Meeting MOTION was msde by Coun RESOLUTION N0.,71-386, ROLL FOR PROJECT 168-15 IMPROVEMENTLEVY 5328 ANNUM FOR X PERIOD OF X I 11man'Hintz, second by Councilman Johnson to adopt RESOLUTIGN CONFIRMING AND ADOPTING THE ASSESSMENT C 34TH AVENUE AND XENITIM LANE SEWER AND WATER IN THE XMOINNT OF $819480.99 AT 82 MEREST PER YEARS. Motion carried 5 aye roll call,vote. MOTION was made by Councilman Hintz, second by Councilman Johnson to adopt R$SOILVTION NO. 71L3879 A RESOLUTION COXVIR*IiNG AND ADOPTING THE ASSE$5 ROLL LEVY #5329 FOR 26TH AVENUE TO WEST MEDICINE LAKE DRIVE PROJECT /69-19 8-A IN THE AMOUVT OF $779541910 AT THE W. E OF 82 INTEREft PER ANNUI-1 FOR 20 YEARS., Motion carried 5 aye roll call vote-. EMOTION P's;maae by r'ounrllmap Hintz, second bq Councilman Johnson to adopt RESOLUTION We 71'--3889 A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMINT ROLL LF(i1Y 5330 FOR SHEN.4NDOAH SEWER AND WATER IMPROVEMENT PROJEC!X,/ 07,1-1.0-K; IN TINE AMDUrT OF 4469014.00 AT THE RATE OF 82 INTEREOT PPA ANNUH 'POR 5 YEARS. Miotiod% carried 5 aye roll call vote. MOTION was male by Councilma0 Hintz, second by Councilman Johnson to adopt, RESOLUTTI014 N0. 71-3899 A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT ROU LEVY 5331 FOR IYEST SIDE MEDICINE LAKE SEWER, WATER AND STORM SEWER PROJECT 071-1029098-A IN THE AMOUNT OF $191959343.70 AT THE RATE 07 82 INTrREST FOR A PERIOD Of 20 PEARS. UIotion carried 5 aye roll caill *rote. MOTION was made by Councilman Hintz, second by Councilman Johnson to adopt RESOLUTION N0. 71-390, A RESOLUTTION CONFIRMING AND ADOPTING THE ASSESSM W ROLL LEVY 5332 FOR THE SOUTHEAST WATER PROJECT 071-O,A IN THE AMOJINT OF $19434,191.SS AT THE RATE OF 82 INTEREST FOR A PERIOD OF 20 Y11ARS. Motion carried 5 aye roll call vote. MOTION vas made by Councilman Hintz, second by Councilman Johnson to adopt USOLUTION N0. 71-3919 A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT ROLL LEVY 5379 FOR THE 36TIl AVENUE (ZACHARY TO JONQUIL LANES) STREET 40, WATER PROJEM. 071-098-H IN THE AMOUNT OF $1199742.90 AT THE RATE OF 82 INTEREST FOR A PERIOD OF 20 YEARS. Motion carried 5 aye roll call vote. A Notice of Appeal received from Reynold Olson will be taken up at a later date. MOTION was made by Councilman Hintz, second by Councilman Spaeth that no mileage fees are to be paid to employees going to or from their job or attending any meeting while being paid overtime. Notion carried 5 aye votep. Meeting adjourned at 1:00 P.M. CAroline J. Hanf., Clerk RES. N0. 71-386 34TH AVE'IVE ANP, XENIUM LANE ASSESSMEIff ROLL ADOFM RBS. N0. 71-387' 16TH AVENUE TO W. MEDICINE LAKE DRIVE ASSESSMENT ROLL ADOPTED REE. NO,, 71-388 SHENANDOAH ASSESSMENT ROLL ADOPTED if. RES. O* 71-389 WEST SIDE MEDIC LADE ASSESSMENT ROLL ADOPTED RES. NO. 71-390 SOUTHEAST WATER ASSESSMENT ROLL ADOPTED RESa NO :. 71-391 36TH AVENUE' ASSESSMENT MOLL ADOPTED RE: NOTICE OF APPEALS R. OLSON RE: MILEAQE