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1970 09 05 ~ I I I CONTINUATION OF PUBL¡C HEA~¡NG ~ (~SSESSMENT) ~ P~OJECT 68~3 ~ SEWER EXTENSION - 7:00 p.m. ~ August 24, 1970 - September 15, 1970 The Chanhassen Village Council met on September 15, 1970, to continue the above Public Hearing. The following members were present: Mayor Coulter, Councilmen Klingelhutz, Neils and Pearson. Councilman Bennyhoff was absent. The Administrator read the Minutes of the Public Hearing dated August 24, 1970. He also explained the revised proposed assessment roll. The Village Attorney made the following statement: WARD PROPERTY The size, shape, location and elevation of this property raises serious doubt as to whether it has any present or future value as a building site. In the special assessment of property benefited by a local improvement, it is a question of fact as to whether a particular parcel was or was not specially benefited by the improvement. Accordingly, it is the judge- ment of the Council that this property is not benefited by the sanitary sewer project and is therefore not subject to a special assessment at this time. Should it later be determined that this parcel of land can make use of the sanitary sewer facility, the Village may subsequently reimburse itself for the cost of the improvement by levying an assessment upon the property., The Mayor asked Daniel Klinge1hutz is he was satisfied with the proposed assessment. ANSWER: Yes. The Mayor asked the same question of Susan K1ingelhutz. ANSWER: Yes, but there is some clean up work left in front of my property. A motion was made by Councilman Neils and seconded by Councilman Pearson to approve the assessment roll as submitted, titled Exhibit A, dated September 15, 1970, with the exception of the Ward property not being assessed at this time because of the following: WARD PROPERTY. The size, shape, location and elevation of this property raises serious doubt as to whether it has any present or future value as a building site. In the special assessment of property benefited by a local improvement, it is a question of fact as to whether a particular parcel was or was not specially benefited by the improvement. Accordingly, it is the judgement of the Council that this property is not benefited by the sanitary sewer project and it therefore not subject to a special assessment at this time. Should it later be determined that this parcel of land can make use of the sanitary sewer facility, the Village may subsequently reimburse itself for the cost of the improvement by levying an assessment upon the property. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Neils and Pearson. No negative votes. Motion carried. ., CONT¡NUT~T~0N - PUBL~C HEÄ~~NG ~ pe~~~~Þep ~5, ~~70 f"'\2M MARTIN WARD stated that it was his understanding in the past that this was a lateral not a trunk line. Therefore, he should not be assessed. He also filed the following objection: I NOTICE OF OBJECTION TO PROPOSED ASSESSMENT ON SEWER NO. 68-3 TO THE VILLAGE COUNCIL OF THE VILLAGE OF CHANHASSEN, MINNESOTA, AND TO ADOLPH TESSNESS, VILLAGE CLERK: YOU WILL PLEASE TAKE NOTICE that the undersigned Martin J. Ward residing in Section 13 in the Village of Chanhassen does hereby object to the proposed assessment on land owned by him in said Section l3 for said Sewer No. 68-3. That said objection to said proposed assessment is on grounds including, but not thereby limited to, the following: l. That the rate of taxation for said proposed assessment is not uniform among the several landowners and taxpayers claimed to be liable for said assessment. 2. That the rate of taxation for said proposed assessment is arbitrary, capricious, unequal and inequitable, and I favors one taxpayer over others of similar status and position. 3. That said proposed assessment is different from the proposed assessment roll which was the subject of a hearing on August 24, 1970. That no notice of the proposed assessment roll and the hearing thereon September 15, 1970, has been served on the undersigned taxpayer as required by statute and said hearing is invalid. 4. That said proposed assessment is contrary to and in violation of Section 429.051 and 429.061 Minnesota Statutes Annotated. 5. That the construction of said sewer is not in accordance with and is contrary to the report of the Village Engineer dated March 1969 proposing installation of a lateral sewer. 6. That the Village Council Resolution dated July 21, 1969, authorized only the construction of a lateral sewer. 7. That the sewer as constructed is not authorized by Council Resolution as required by statute. I ~ ~ I l '~ I I ~ CONTINUATION - PUBL¡c HEARING ~ PROðECT 68M3 M3M 8, That the proposed assessment is for the construction of a trunk sewer not authorized by Council Resolution and is, therefore, unlawful and unenforceable. Dated September 14, 1970 (Signed) Martin J. Ward Martin Ward further stated that he was not informed of the new proposed assessment since the last Public Hearing, August 24, 1970. The Administrator stated that he had personally given Exhibit A, dated September 15, 1970, to Martin Ward on the weekend of September 5, 1970, and had explained, to him, the proposed assessment. The following statement was read from the Minutes of the July 14, 1969, Council Meeting. MARTIN WARD stated that he would not object if only the line north of Highway #5 was installed and the assessment would only be against area A. The motion was voted on. The following voted tn favor thereof: Mayor Coulter, Councilmen K1inge1hutz, Neils and Pearson. No negative votes. Motion carried. -------------------------------------------------------------------- CONTINUATION OF PUBLIC HEARING - (ASSESSMENT) - SEAL COATING - August 31, 1970 - September 15, 1970 The chanhassen Village Council met on September l5, 1970, to continue the above Public Hearing. The following members were present: Mayor Coulter, Councilmen K1ingelhutz, Neils and Pearson. Councilman Bennyhoff was absent. The Mayor opened the Public Hearing. The Administrator read the Minutes of the Public Hearing dated August 31, 1970. MR. NEFT stated that he still felt the same as at the original Public Hearing. It was explained why Mr. Eide's property on the South side was assessed at the maximum rate. The reason being that there is a trailer house being rented on his property. MR. EIDE. He did not feel that Lake View Hills was paying at the same ratio as private residents. t ~ CONTINUATION - PUBLIC HEARING - SEAL COATING -4- A motion was made by Councilman Pearson and seconded by I Councilman Neils to accept the proposed assessment roll with the following amendments: 1. J. L. Harrison - reduced from $75. to $25. 2. George Steller - reduced from $75. to $25. 3. Walter Griepentrog - reduced from $75. to $25. 4. Richard Eide - (south side) - reduced from $75. to $25. 5. Lake View Bills (north side) - increased from $75. to $330. The following voted in favor thereof: Councilmen Klingelhutz, Neils and Pearson. Mayor Coulter abstained because he did not agree. Motion car~ied. ------------------------------------------------------------------ CONTINUATION OF PUBLIC HEARING - (ASSESSMENT) - PROJECT 68-lB - STORM SEWER - August 24, 1970 - September 15, 1970 The Chanhassen Village Council met on September 15, 1970, to continue the above Public Hearing. The following members were present: Councilmen Klingelhutz, Neils and Pearson. Councilman Bennyhoff was absent and Mayor Coulter turned to meeting over to Acting Mayor Klinge1hutz. The Administrator read the Minutes of the Public Hearing dated August 24, 1970. I Acting Mayor Klingelhutz asked if there were any questions. EUGENE COULTER: Iam speaking as the owner of Lot 17, Auditor's Subdivision #2. There are two points that I would like to bring out, that I am against. 1. When the Old Village was assessed for the storm sewer, the streets were assessed a portion. I felt this was good at the time and I still feel it is good. 2. I do not agree with the ~ rate on the Bongard property and mine. I do not agree with a rate of 2 on the Forcier property or the rate of 1 on the Williams property. I feel that these properties are basically alike and should be so assessed. FRANK BJORNSON: I agree with the Mayor and believe the streets 'shoul-d also be asses sed. VILLAGE ATTORNEY: A Village Council cannot bind any future Village Council in setting a policy. I ELROY WILLIAMS: I don't feel that the Forcier pr0perty should pay any more per square foot than the Bongard property. / ~/ ~ I I I CONTINUATION OF PUBLIC HEARING - PROJECT 68-lB -5- HUGH FORCIER (Spoke in Hubert Forcier's behalf): We feel that our property is not apprciab1y different than the Bongard and Coulter property. Therefore, should not be taxed differently. We agree that there would have been some damage over a period of time had the storm sewer not been installed. However, we feél at a rate of 1 as all others are paying, we would be paying our fair share. Because of the development occurring to the west of us, which would result in a faster runoff of surface water was the reason that the storm sewer was installed. EUGENE COULTER stated that he would like the Minutes to reflect that he is opposed to the proposed assessment on his property of a ~ rate and feels that it should be at a rate of 1 the same as all others. A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to accept the proposed assessment roll with the following amendments: l. The Coulter and Bongard property would be changed to a rate of 1. 2. That all the dollar costs will be recomputed. The following voted in favor thereof: Councilmen Klingelhutz and Pearson. Councilman Neils voted no. Motion defeated. A motion was made by Councilman Pearson and seconded by Councilman Neils to continue the Public Hearing until 9:00 p.m. on September 28, 1970. The following voted in favor thereof: Councilmen Klingelhutz, Neils and Pearson. No negative votes. Motion carried. -----------~------------------------------------------------------ CHANHASSEN VILLAGE COUNCIL MINUTES - September 15, 1970 The special Chanhassen Village Council meeting was called to order by the Mayor on September 15, 1970, in the chanhassen Village Hall. The following members were present: Mayor Coulter, Councilmen Klingelhutz, Neils and Pearson. Councilman Bennyhoff was absent. 'It was decided ~o dispense with all formalities. LAKE VIEW HILLS: A motion was made by Mayor Coulter and seconded by cõuncilman Neils that the Administrator be authorized to meet with the Metro Sewer Board to negotiate a maintenance agreement for the operation of the Lake View Hills Sewer Plant and report to the Council at the 'next meeting. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Neils and Pearson. No negative votes. Motion carried. " CHAJH:¡l\S!3.;E;N Vi~:I4;I4A,G;E; COI)NC~.;I4 ~;r;w,]'r:E;?,M pe.~t¡eJl1Þer ~5, ).,5'7Q ,..,6'1"'1 BUDGET: The Village of Chanhassen will hold a public information I meeting on September 30, 1970, on the Budget and on the progress of the different Commissions and Departments. HENNEPIN COUNTY HIGHWAY DEPARTMENT: The Mayor informed the Council that there will be a meeting on the 17th of September at Minnetonka High School regarding the Hennepin County Highway future plans in the Lake Minnetonka area. EXPLOSIVE ORDINANCE: The sale and storage of explosives was discussed and the Village Attorney was instructed to prepare an Ordinance governing the sale, use and storage of explosives. LYMAN AND LAKE RILEY BOULEVARDS: A map will be sent to the Council, proposing where traffic signs should be placed on these roads. This to be acted upon at the next meeting. BIENNIAL ELECTION ORDINANCE: Steve Wolf appeared before the Council to- voice his objections to the Biennial Election Ordinance. One item that he was concerned with was that the elections always being at the same time as the general elections. General discussion, by the Council, followed, concerning this Ordinance. Councilman Pearson also stated that he was not sure that extending the Councilman's term from 3 to 4 years was a good move. I A motion was made by Councilman Neils and seconded by Councilman Klingelhutz to repeal the Biennial Election Ordinance adopted August 17, 1970. The following voted in favor thereof: Councilmen Klingelhutz, Neils and Pearson. Mayor Coulter voted no. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Klingelhutz to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Neils and Pearson. No negative votes. Motion carried. TIME: 10:05 p.~ Adolph Tessness~ Clerk-Administrator I