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1975 10 14 I I I PUBLIC HEARING ON ASSESSMENTS NORTH AREA SEWER AND WATER PROJECT 71-1 OCTOBER 14, 1975, AT 7:45 P.M. Mayor Klingelhutz called the public hearing to order with the following members present: Councilmen Neveaux and Kurvers. Councilmen Shulstad and Hobbs were absent. The following interested persons were present: Edith Herman, Carver Randolph Herman, 6560 Ches Mar Drive, Excelsior R. N. Dutcher, 6331 Elm Tree, Excelsior Patrick Murphy, Carver County Court House, Chaska Wendell Gravlun, 6270 Blue Jay Circle, Excelsior Mr. and Mrs. Willard Johnson, 1660 West 63rd Street, Excelsior The Assistant City Attorney read the official notice as published in the Carver County Herald. This hearing is being held to assess 211 units at $798 each for the Naegele and Herman properties. Randolph Herman - Why are you assessing just that area. There is nothing in there as 'you know. Craig Mertz - The problem the City is facing is that it appears that the County to take steps to acquire the property for park purposes and when the financing for the north area was set up it was assumed that a certain number of trunk water and sewer charges would be had out of this property at a time when development occurred. These trunk costs were deferred until this development period. If,the County goes ahead and does acquire this property and turn it into a park there is the danger that the City would lose the trunk costs. The City has to look for some way to protect its trunk costs that it needs to get out of this property. ' There is a statute that says that when a political subdivision of the state acquires absolute titlé to real estate that provision must be made to pay all taxes including special assessments. We are trying to arrive at some method whereby these assessments would become a lien on the properties. It would appear that the safest way for the City to handle it would be to approve the assessment roll and certify the first installment to the Auditor for collection with the 1976 taxes and thereafter on a year to year basis. That would mean that Mr. Herman would have to come up with 1/13thof the assessment and that would be in excess of $15,000. Another method would be to pass the assessment roll but refrain from certifying any assessments on that roll to the County Auditor. There is language in the assessment code Public Improvement Chapter, Statute 429, that suggests that the assessment would become alien on the property as soon as thee assessment roll is adopted irregardless of the date that the City sent the roll to the Auditor. A third method that Mr. Pankonin and I have been talking about and I broached the suhject with Mr. Murphy, concerns a section in the County Park Statute that says that no proposed park area within the limits of any city shall be acquired without the approval of the governing body of the'city. We do have kind ofa handle on the county's North Area Sewer and Water Project 71-1 ~uÞlic Hearing October 14, 1975 -2- intentions and the City could work up some kind of contract with the county whereby the county would agree to the amount of the assessments and agree that they would become a lien on the property if and when they actually acquire it and also giving us advance notice of their proposed position dates so that we could hold a meeting forthwith and adopt the assessment roll. I Dick Dutcher - In connection with some of the beach association lots which were not intended for development but which subsequently could be developed if those neighborhood associations chose to do so, taxes have been deferred even though the assessment is of record, isn't this a similar situation or couldn't it be coucned as similar. Mayor Klingelhutz - This is a trunk assessment. It is not a lateral benefit assessment. Your beach lots have a lateral benefit assessment. Pat Murphy - I would like to explain somethings we have found out about the policy that the Metropolitan Council has kicking around. We want to make sure that if this project goes ahead that the City isn't left holding a deferred assessment and yet at the same time when we might get the funds to go through with this thing is still a little indefinite. We still have details to work out I with Chanhassen. It is a shame to stick some costs on the property. There is a policy recommended by the Park and Open Space Commission that still .has not been approved regarding the use of metro funds for the costs of public improvements. It says "grant funds may not be used to pay for assessments or other charges against projéct property after its acquisition by the granting agency. Acquisition grant funds subject to and following commission and council prior approval may be used to pay assessments levied, pending or deferred against property within the project boundaries scheduled for acquisition. The èouncil and commission shall not approve or consider for approval the use of grant funds to pay projected costs for which a construction contract has not been let." This is not an accepted policy it is a recommended policy. They have taken action based on this policy. In Shoreview they approved $109,000 of deferred assessments and $121,000 in White Bear Township. Edith Herman - You are putting Oakdale Farm and Ches Mar on ice. It is just like being stored in a freezer until something is decided. It is really tough. I would like to see some decision come about. We have got to find out where the money is coming from for land I acquisition. We have never been approached on the acquisition of the land. It is easy to sit here and talk about assessments but money is hard to come by. We can't move in any direction until something is resolved and the quicker the better as far as I am concerned. It has been so well publicized that it I I I North Area Sewer and Water Project 71-1 Public Hearing October 14, 1975 -3- is going to be a park nobody wants to go in there and build a house or a church. We are locked in. We are looking for the park. Pat Murphy - We have to see what happens in the legislative session. If nothing happens we have to take a look at financing it ourselvès and getting some commitment from the council to be reimbursed. Councilman Neveaux - Could we adopt by resolution a statement to the affect that this particular proposal is an official pendihg assessment. That isn't really adopting the assessment roll and it's not asking that it be certified and it is going on record that it is an official pending assessment and that would fall into the criteria as pending, adopted or certified. The Assistant City Attorney was instructed to look into Councilman Neveaux' suggestion. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the public hearing be continued until October 20, 1975, at 7:30 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux and Kurvers. No negative votes. Hearing continued at 8:45 p.m. Jerry Schlenk Acting Clerk-Administrator SPECIAL CHANHASSEN CITY COUNCIL MEETING OCTOBER 14, 1975 Mayor Klingelhutz called the Special Council Meeting to order at 8:45 p.m. with the following members present: Councilmen Neveaux and Kurvers. Councilmen Hobbs and Shulstad were absent. The meeting was opened with the Pledge to the Flag. PROJECT 71-1: by Councilman most feasible The following and Kurvers. A motion was made by Councilman Neveaux and seconded Kurvers authorizing the City Attorney to look into the way to assess the 211 sewer and water trunk units. voted in favor: Mayor Klingelhutz, Councilmen Neveaux No negative votes. Motion carried. CARVER BEACH DUST COATING ASSESSMENT - MRS. FRANK MOULTON: A letter was received from Mrs. Moulton requesting the Council to defer the $12.00 dust coating assessment as she claims it is a hardship. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Council deny Mrs. Moulton's request for payment deferment on the Dust Coating Assessment for Carver Beach. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux and Kurvers. No negative votes. Motion carried. Special Council Meeting October 14, 1975 -4- HALLA NURSER~: The Acting City Administrator presented a report dated October 9, 1975, on the Halla Nursery Sign Permit. Halla does now have a legal permit for the signs. ~he signs are to be removed November 15, 1975. SEWER AND WATER UNIT CHARGES - BUESGENS OFFICE PARK: RESOLUTION #75-28: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to amend Resolution #75-28 paragraph 1, That 18 sanitary sewer unit hook-up charges, each in the amount of $320.00, totaling $5,760.00, and 18 water unit hook-up charges, each in the amount of $380.00, totaling $6,840~00, be assessed against the premises at 7701 Arboretum Boulevard. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux and Kurvers. No negative votes. Motion carried. I PART TIME HELP: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the Council accept Jerry Schlenk's recommendation of October 13, 1975, in regard to the temporary employment of Jean Meuwissen as part time office help from 12:00 to 4:00 p.m. Tuesdays through Thursdays at a rate of $3.00 per hour. The following voted in favor: Mayor K1ingelhutz, Councilmen Neveaux and Kurvers. No negative votes. Motion carried. RESIGNATION: The City has received a letter of resignation dated October 13, 1975, from Barry Brooks, Clerk-Administrator. A motion was made by Councilman Kurvers and seconded by Councilman I Neveaux to accept the resignation of Barry Brooks as Clerk-Administrator effective October 13, 1975. The following voted in favor: Mayor Klinge1hutz, Councilmen Neveaux and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that Jerry Schlenk be appointed Acting Clerk-Administrator pending the employment of a replacement. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux and Kurvers. No negative votes. Motion carried. CHECK SIGNATURES: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the authorized signatures on all City Checks shall be Mayor Al Klinge1hutz, Treasurer Kay Klinge1hutz, and Acting Clerk-Administrator Gerald W. Schlenk. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux and Kurvers. No negative votes. Motion carried. KOEHNEN'S DUPLEX: The Assistant City Attorney stated that the Court Order says in part that Mr. Koehnen is restrained from permitting any more than two families to occupy the houses in question or in lieu thereof he is supposed to do whatever steps are necessary to avoid the presence of cesspool affluent from appearing on the surface of any or either of said tracts. The sewer prob1.em has been corrected as he is hooked up to city I sewer. Mr. Koehnen has only paid for two sewer hook-ups for the duplex. There are currently two families in the duplex on Lot G, RLS #8 but someone wants to move into the basement. Councilman Kurvers asked if there is anything in the fire code for separate entrances. Councilman Neveaux suggested the City send Mr. Koehnen a certified letter reminding him of the fact that the area is zoned for I I I Special Council Meeting, October 14, 1975 -5- two families per dwelling maximum. Mr. Gravlun stated there has been a problem for years of just renting to way too many people. There are not the facilities or the parking. The City snowplow can not make a turn in the cul-de-sac because of car parking on the street. The Acting Administrator will red tag the basement and write a certified letter to Mr. Koehnen. It was brought to the Council's attention that there are three families living in each of the duplexes on Lots H and I, RLS 8. Melvin Schmidt on Lot L, RLS 8, has two families in a single family home. ADMINISTRATOR: The Acting Administrator will contact Mr. Loren Law, Executive Consultant, asking him to give a presentation at the October 20th Council meeting. The Acting Administrator was also instructed to contact the League for other Executive Consultants. BUDGET: The City Treasurer feels she will have to rework the budget. She was asked to contact the County Auditor for an extension of time to complete the budget. The Treasurer was authorized to go ahead and work on the budget. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to adjourn. The following voted in favor: Mayor Klinge1hutz, Councilmen Neveaux and Kurvers. No negative votes. Meeting adjourned at 9:40 p.m. ft;dl/JP~£ Jerry~-;nk Acting Clerk-Administrator