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1975 09 29 I I I CONTINUATION OF PUBLIC HEARING RE-ASSESSMENT GREAT PLAINS BLVD. SEPTEMBER 29, 1975, AT 7:15 P.M. Mayor Klingelhutzcalled the continuation of the re-assessment public hearing to order with the following members present: Councilmen Neveaux, Hobbs, and Kurvers. Councilman Shulstad was absent. The following persons were present: Harry Pauly, 7561 Great Plains Blvd. Roger Bongard, 1552 Great Plains Blvd. Gene Coulter, 7550 Great Plains Blvd. Roger Pauly, 17450 West 78th Street, Eden prairie A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to waive the reading of the legal notice as published in the official newspaper. This public hearing is for the proposed re-assessment for street improvement of Highland Court #1 and #2 Apartment buildings. The City Attorney noted that the opinion of the appraiser is that Highland Court #1 received a special benefit from this improvement in the amount of $8600 and that Highland Court #2 received a special benefit in the amount of $9300. The City Attorney's interpretation of the Court Order is to remove certain of the costs of construction and the City Engineer has extracted these costs. These costs are outlined in the City Attorney's letter of August 28, 1975. The proposed re-assessment cost for Highland Court #2 is $4220.90 and Highland Court #1 $2,109.52. The City Attorney recommended the Council enact a resolution assessing these properties on the basis of the City Attorney's report of August 28, 1975. This will result in a reduction of the assessments on Highland Court #1 of $699.15 and Highland Court #2 of $1396.38. Roger Pauly stated their position is that the assessment should be based on the actual front footage of the properties in question rather than by application of the formula of taking assumed front footage and multiplying it by 50% of the number of apartments in each building. Basing the assessment on front footage and calculating the total cost at $22;000 which is the amount setförth in the original notice of the hearing would amount to approximately $6.00 per front foot. He stated he does not feel the proposed assessment is any sort of compromise position at all. Mr. Pauly's appraiser placed an increased value on Highland Court #1 of $1,425.00 and on Highland Court #2 $2,000. Councilman Hobbs - As far as I am concerned, not having sat on the Council and not being a part of the original adoption of the resolution on assessing, I would have to go along with the City Attorney. It is not clear to me that the method of assessing has been overturned, that we have been asked to redo the method of assessing. Any compromise between the figures laid out and the City Attorney's letter and those that Mr. Pauly proposes could be construed at a future time to indicate that this Council thought maybe that method of assessing was in error and unless it is so shown to me I think we should adopt the resolution. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to close the hearing. The following voted in favor: Mayor Kling.elhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Hear~ng ad~ourned at 8:00 p.m. SPECIÃL CHÃNHASSEN CITY COUNCIL MEETING SEPTEMBER 29, 1975 Mayor Klingelhutz called the Council Meeting to order at 8:00 p.m. with the following members present: Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad came late. The meeting opened with the Pledge to the Flag. I RE-ASSESSMENT FOR STREET IMPROVEMENT PROJECT 73-4: RESOLUTION #75-31: Councilman Hobbs moved the adoption of the resolution prepared by the City Attorney on the Re-assessment for Street Improvement Project 73-4, Great Plains Blvd. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. Councilman Neveaux - Being one of the 60% of the Council that was not present for the initial deliberations and considerations I really don't feel that the Council acted in an arbitrary and capricious manner in the original assessment procedure. GREAT PLAINS BLVD. CUL-DE-SAC: Gene Coulter asked why easements have not been secured for the cul-de-sac that was built two years ago. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the City Attorney be directed to report to the Council at the October 6, 1975, meeting on the easement situation on Great Plains Blvd. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. I POLICE DEPARTMENT: Sgt. Ric Anding stated the Police Department had made an arrest on the burglaries at the City Maintenance Building. They hope to recover all the tools and radios. PROPOSED MTNNEWASHTA PARK SEWER AND WATER TRUNK UNITS: The City Attorney reminded the Council of the 197 north area sewer and water trunk units on the property. He would like authority to submit to the Council proposals as to how these units should be collected. These units should be certified to the County Auditor to be placed in his records but not necessarily collected. possibilities would be to hold an assessment hearing, assess the 197 sewer and water trunk units and certify them to the County but with a direction to defer payment until sale, acquisition or development whichever is first to occur. Metropolitan funds will pay for a special assessment if they are a lien on the property. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to hold a public hearing on the sewer and water trunk unit charges on October 14, 1975, at 7:30 p.m. The City Attorney will prepare the legal notice for the newspaper. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. W. 79TH STREET GRADING, HANUS PROPERTY: The Council requested a report from the City Attorney on what legal action the Council could initiate against Mr. Hanus. I I I I Special city Council Meeting September 29, 1975 GARY CARLSON PROPERTY: Members of the Council have received complaints that ~r. Carlson has a duplex in his new home near Church Road. The Building Inspector has checked the plans and building permit and they show a single family home. The Building Inspector was instructed to inspect the site. -2- 1976 PROPOSED BUDGET: The Council had previously asked if there was a way to raise their salaries for next year. The City Attorney read the appropriate section from the League Manual. The Council can set its salaries at whatever amounts it deems reasonable subject to the limitation that a change in salary does not become effective until after the next regular municipal election. If the Council feels there should be additional compensation for special meetings the amount set by ordinance should reflect this. Payments for special meetings are just as much compensation as monthly salaries and if allowing such payments results in an increased compensation it must be accomplished by ordinance subject to voter referendum on petition. The Attorney will check further into this and report at the next Council meeting. The Council discussed split liquor for the City.. The Council Committee will meet with the Fire Department Wednesday evening to go over their budget. The following budget items were discussed. 101-402, Administration The Administrator will prepare a breakdown under Category #420, Subscriptions and Memberships. Category #120 reduce by $1,000. 101-403, Elections No changes were proposed in this section. The Administrator was instructed to investigate a different type of ballot counting system. 101-404, Auditing The Administrator was instructed to investigate the possibility of getting bids from other firms. 101-405, Legal Category #300 reduce by $2,000. The Council would like a report from the City Attorney on what his charges are and how they vary depending upon the services rendered to the City. 101-407, Planning and Zoning The Council would like a detailed report on Categories 211 and 440 from the City Planner. 101-408, Police The Council discussed the possibility of joining with Chaska on policing or starting a police department in Chanhassen. 101-412, Fire Department Category #100 reduce to $9,600 Category #220 reduce by $400 Category #370 reduce by $500 Special City Council Meeting September 29, 1975 -3- There will be a Special Council Meeting Saturday Morning at 8:00 a.m. to discuss the budget. A motion was made Hobbs to adjourn. Councilmen Hobbs, Meeting adjourned by Councilman Neveaux and seconded by Councilman The following voted in favor: Mayor Klingelhutz, Neveaux, Shulstad, and Kurvers. No negative votes. at 11:20 p.m. I Barry Brooks Clerk-Administrator I I