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HomeMy Public PortalAbout10/07/75 CCM142 The Council of the City of Medina met on Tuesday September 30, 1975 at 8:10 P.M. for the purpose of a Pnbliclaaring regarding the Independence Beach Assessment Roll and any other business. Member present: Mayor, Wayne Neddermeyer; Councilmen, Robert Franklin, Arthur Theis, Donald DesLauriers; Clerk, Donna Roehl; Attorney Richard Schleifer. 1. INDhst PENCE BEACH PUBLIC HEARING Skip McCombs explained the cost of the Sewer and Water project as follows: Sewer Water 662,101.50 60,500.00 252,319.00 per unit cost $1748.40 712,601.50 183,$9040 park payment 538,710.80 total to be assessed, per unit cost $2643.60 The assessment roll must be adopted and sent to Hennepin Co. auditors office by October loth. The assessments may be paid partially or in full for up to 30 days after rollis adopted. Legal appeal must be made within 20 days after council adopts assessment roll. Discussion of land value with this improvement and whether or not taxes would be raised because of the improvement. Assessor Willis Kohnen stated that this does not increase taxes. Discussion of state owned lots which cannot be assessed and what the city intends to do with lots that it owns. Robert Franklin explained hour the HRA would allow city to approve lots and sell them. Charges other than assessments were explained: $325.00 SAC charges before December 31st, permit good for 6 months; Cost of water meters and sewer and water service charges Hamel residents are paying. Mr. McCombs stated that if some assessments were allowed to go forfeit the other property owners could not be reassessed, these assessments would then be picked up by the entire city. Lyle Swanson explained that the roads would be graveled this fall and blaoktopped next summer. Mr. Davis inquired as to the possibility of building duplexes and was told that ordinances would have to be checked. a 200 ft, unit could be split but trere would be some extra charge. Mr. Ostlund stated that he does not consider his a first class sewer system in that a pump needs to be installed to pump up the sewage and asked for some consideration. Motion by Robert Franklin, seconded by Arthur Theis to adjourn hearing until October 7,1975 at 8:15 P.M. Discussion by the council of the following: How to handle an assessment for a tax forfeit lot owned by the state if it is sold to an individual. Mr. McCombs stated that they could add a connection charge clause and assess this to a new unit coming into the system. Mr. Rock asked if 2 or 3 parcels could be combined when separated by an easement, as is the case of several residents on Lakeshore Ave. Mr. Rock would have 162 ft or 120 ft. plus 42 additional assessable feet. Dr. K. Olson asked about combinning parcels as he would like to build a guest house Mr. Ostlunds situation was discussed and Clerk will contact Mr. Ostlund with the suggestion 146 The Council of the City of Medina met in regular session on Tuesday 0ctober7, 1975 at 7:40 P.M. Members present: Mayor, Wayne Neddermeyer; Councilmen, Robert Franklin, William Reiser, Arthur Theis, Donald DesLauriers; Clerk, Donna Roehl; Attorney, Richard Schaeffer Motion by Donald DesLauriers, seconded by Arthur Theis 1975 meeting, as presented. Motion carried unanimously Motion by Arthur Theis, seconded by Robert Franklin to meeting as presented. Motion carried unanimously to approve minutes of September 16, accept minutes of September 30, 1975 1. PUBLIC HEARING RE: FERN STREET 7:45 P.M. Notice of public hearing regarding improvements on Fern St.,Lake Independence and certificate of mailing, read by City Clerk. Petition regarding improvement, signed by those favoring.said improvement presented by Charles Pangier. Lotion by Robert Franklin, seconded by Arthur Theis to accept petition as regards to opening of Fern St. Motion carried unanimously Mr. Pangier presented the following information: There would be 12 lots on Fern St. paying for improvement at $156 per building site. This would be a continuation of a street not a cul-de-sac. By running sewer and water lines on this street rather than in front of house project will pick up more assessable property. Mr. Pangier asked if road had been approved to be put in. Mr. Neddermeyer stated that it was shown on the original plat. Anne Theis questioned whether or not platted and existing roads accepted by village when changing from township to village Mr. Pangier felt that road finishing meant to include blacktop Robert Franklin gave names and footage amounts of 7000 feet of roads in Independence Beach on original pldt but not developed Mr. Christensen stated that he has 2 lots on that street and is opposed to opening Motion by Robert Franklin, seconded by Donald DesLauriers to close public hearing. Motion carried unanimously Council discussed the following alternatives: 1.Do not open Fern St. which would change the location of sewer lines 2.Put through as a gravel road with an assessment 3. Put through as a gravel road without an assessment 4.Put blacktop street in with or without an assessment. Wayne Neddermeyer stated that if a street is put in it should be blacktopped as it is not feasible having a graved road in a blacktopped area. Various street improvements were discussed: Tamarack Dr., Arthur Peabody's Road, and the proposed Holy Name Lake Estates road. As a matter of principle and reviewing previous im- provement procedures Mr. Neddermeyer felt that city funds could not be used. As to the state owned lots Robert Franklin stated that the city could pick up the assessment if the state would release the lots to Medina under an HRA program. Engineer estimated costs to be $1311 for blacktopping and$937 for grading and excavating. Motion by Robert Franklin to order Fern St. grading, excavation and blacktopping from present ending to Cedar St. (same description as legal notice) and order attorney to prepare res- olution for same and have engineer prepare, upon 80% work completion, an assessment roll for Lots 8-12, Block 7 and Lots 5 to East 1/3 of Lot 20, Block 2, to include $937 road work plus administrative, legal and engineering and interest costs. Motion seconded by Arthur Theis. After discussion Mr. Theis withdrew his second and Mr. Franklin added the following to his motion: Waive the preparation of plans and bids in lieu of costs obtained on water and sewer project. Seconded by Arthur Theis Motion carried unanimously 2. PUBLIC WORKS BUILDING The following bids were received at 11:00 Donald DesLauriers, Wayne Neddermeyer and Base Bid 25,813.00 26,800.00 31,350.00 27,528.28 Ahlstrom Const. Ebert Const. & Supply Leibfried Const. Inc. Kermit Neilsen A.M. on October 7, 1975 Donna Roehl. Alternate I 2796.00 Add 2376.00 Deduct 3850.00 2500.00 n and tabulated by Motion by Donald DesLauriers, seconded by William Reiser to award bid for Facility building to Ebert Construction and Supply for the base bid price with concrete and to return bid bonds, certified checks and plan deposits bidders. Motion carried unanimously 47 Days to complete 30 21 60 60 Public Works of $ 26,800.00, to unsuccessful 3. INDEPENDENCE BEACH SEWER AND WATER Continuation of public hearing: Lyle Swanson presented the new assessment roll that takes into account the property owners who have combined lots. A11 concerned parties have been contacted. Cost per unit for sewer is $2708.40 with $22.57 per foot additional over 120 ft. Cost per unit for water is $1809.60 with $15.08 per foot additional over 120 ft. Explanation of Northern States Power charges for moving poles and bringing in 3 phase power. Dean Bailey asked for definition of duplex as his dwelling unit and Hanviah Painters are so defined in the assessment roll. Attorney read definition of duplex from ordinance. Engineer stated that rental properties were charged as 2 units as it is a presumption that rental property receives more benefit from facilities than a single family dwelling. Anne Dorweiler stated that under the new zoning ordinance duplexes will not be allowed. Motion by Robert Franklin, seconded by Arthur Theis to assess duplexes and multiple dwell- ings 80 of a unit. Motion carried unanitpously Attorney suggested that to compensate on the assessment roll for the lowering of the duplex assessment $3600 could be paid out of the general fund and the first #3600 that would be paid to the City,possibly from tax forfeit lot unit charges,be paid back to the general fund. Regarding Arnold Ostlund's reduction in amourit of assessment, Mr. Schieffer stated that all assessments are equal under the law and lowering Mr. Ostlund's assessment may be illegal. The full assessment should be put on the roll and Council could negotiate with him regarding the pump and installation. Engineer stated that $1000 had been deducted from the assessment roll of Mr. Ostlund. Motion by Robert Franklin, seconded by Donald DesLauriers to raise Arnold Ostlund's assess- ment to the full amount. Motion carried unanimously Discussion of the City paying for the initial cost of pump and installation and the property owner assume maintainence thereafter. Motion by Robert Franklin, seconded by Arthur Theis to transfer $1600 from the General Fund to Independence Beach Fund to be repaid from the first connection charge levied under Paragraph 5 of resolution to be adopted by Council. Voting Yes; Franklin, DesLauriers, Reiser, Theis. Voting No; Neddermeyer. Motion carried Engineer felt that the $1600 could be reimbursed to the General Fund from the Contingency fund. Bob Bocwinski, representative of Hennepin Co. Park Reserve presented agreements signed by park officials. Agreements states that 90 partial payment will be made when agreement: is signed and the remainder will be paid upon project completion. They want park engineers and City engineer to make determination of final cost. 148 Motion by Robert Franklin, seconded by Arthur Theis to close public hearing. Motion carried unanimously Motion by Robert Franklin, seconded by Arthur Theis to adopt Resolution 75-37, establishing assessment policies. Motion carried unanimously • Lotion by Robert Franklin, to set -interest rate at 7 f. Motion not seconded. .. Motion by Donald DesLauriers, seconded by Robert Franklin to set rate of interest at • 7 3/4%. Motion carried unanimously Motion by Arthur Theis, seconded by William Reiser to adopt Resolution 75-38, adopting the assessment of Independence Beach. Polled vote indicated all Yes votes. Motion carried. Motion by Robert Franklin, seconded by Arthur Theis to authorize Mayor and Clerk to execute agreement with Hennepin Co. Park. Motion carried unanimously 4. FERN STREET IMPROVEMENT Motion by Robert Franklin, seconded by Donald DesLauriers to adopt Resolution 75-39 re- questing report, receiving report and calling for hearing on Fern St. Motion carried unanimously 5. WAYNE ALLEN PLAT Discussion of land values to determine park fee. Council agreed land should now be valued at $2000 per acr and that the 5% fee per acre should be continued to be charged. Platting fee to remain $150. Motion by Donald DesLauriers, seconded by Arthur Theis to set park fee at $1000, platting fee at $150 and that Resolution 75-40 be adopted, granting final approval to Allen's Maple Crest plat on condition that drainflid on Lot 3 be 750 sq. ft. for a 3 bedroom home and installed according to plans as presented and accepted by Clerk. Motion carried unanimously 6. RALPH HAIIMAN Mr. Hamman discussed disrepair of privacy fence of Colonial Drive In since storm of June, 1975, Be has asked manager to repair as people are going through his yard to the theatre. Repairs have not been made so he requests some action by Council. Motion by Donald DesLauriers, seconded by Arthur Theis to send a registered notice to North- west Cinema Corp. stating fence is to be repaired before license is issued next year. A redwood privacy fence should be constructed along the entire Eastern property line. Motion carried unanimously Discussion of James Dorn dilapitated building and the fact that the problem has become serious. Anne Dorweiler reported that the fire department: will burn the building as a public service but tints may not take care of the rat problem. Discussion of Medina not having a general nuisance ordinance governing such situations. Motion by Robert Franklin, seconded by Donald DesLauriers to have health officer Dr. Olson determine whether rats are endangering health of nearby residents and if so order an extermin- ator within 10 days. Motion carried unanimously .• 7, ANNE DORWEILER Neumann property Discussion of land sold by Mrs. Bernadine Neumann Johnson to Drs. Dedeker and Olson and WCCO WCCO want a letter from City Council stating transfer of land is not violating city ord- inances. Motion by Arthur Theis,seconded by William Reiser to send letter to WCCO stating that we find the transfer of land is not in violation of Medina ordinances. Motion carried unanimously stuart Wells Land Survey Ed Caldwell who is purchasing land from Mr. Stuart Wells has discussed land division with Anne Dorweiler and she has determined that previous sales were in violation because they had combined registered land survey property with abstract property. She suggesting filing a resolution to be applied to the abstract of the 2 parcels stating that the city will never grant building permits and to ask property owner to sign an agreement combining tracts and legal description of small parcels. Motion by Robert Franklih, seconded by Donald DesLauriers to authorize attorney to draw up an agreement and resolution incorporating the above information and bill Mrs. Wells for costs. Motion carried unanimously David Dillman property Anne Dorweiler presented a map detailing division of property wherein 3 owners each deeded out 5 acres. Council discussed problems that may arise regarding road easements and remain- ing property. Motion by Robert Franklin, seconded by Arthur Theis to disapprove land divison as it fails to meet city code regarding minimum lot width, road access and intnntions as to remaining property. Motion carried unanimously 8. FIDEL THEIS A bill has been received from Mr. Theis for relocating surveying stakes that had been removed in connection with the sewer and water extension at Hamel in 1974. Motion by Donald DesLauriers, seconded by Arthur Theis to pay Fidel Theis $100 out of the Hamel Sewer and Water Extension Fund. Motion carried unanimously Discussion of sodding and finishing that needs to be completed in Hamel Sewer and Water Extension area. Street department will be asked to repair the Theis road and Engineer was instructed to secure 3 quotes for sodding, expense to be taken out of the remaining Hamel Extension funds. 9. MILLARD GILMER Lyle Swanson reported that he had inspected the septic site of the Gilmers and could see no problem at this time but felt the property purchaser should be made aware of a potential problem. 10. ARRHUH GERTZ Motion by Robert Franklin, seconded by Arthur Theis to grant a special assessment deferment to Arthur and Adella Gertz. Motion carried unanimously 11. LONG LAKE BICENTENNAIL Arthur Theis reported on plans for the Bicentennial which will be celebrated in June of 1976 and will use a Western Hennepin County theme. 12. BILLS Motion by Arthur Theis, seconded by William Reiser to pay the bills, Order checks in the amount of $ 252,966.71; Payroll $4800.52; Revenue Sharing $9173.36. Motion carried unanimously 13. HENNEPIN COUNTY MASrlx PLAN Motion by Arthur Theis, seconded by Robert Franklin to send letter to Metro Council commenting on Master Plan for Hennepin County. Motion carried unanimously 14. EASEMENTS Motion by Donald DesLauriers, seconded by Arthur Theis to pay Clark Ingold S2198.25 and Mahmood Ameli $597.45 for easemtns in connection with the Independence Beach project. Motion carried unanimously 150 15. BUDGET Motion by Robert Franklin, seconded by Arthur Theis to approve budget for 1976. Motion carried unanimously Discussion as to why an amount for the 1972 Improvements are included in the levy each year. Motion by Robert Franklin, seconded by Donald DesLauriers to instruct Clerk to file with County the amounts for general levy, village hall construction and state loan but not for the 1972 Improvement Bond until Mr. Ehlers is consulted as to why it has been included. Motion carried unanimously Motion by Arthur Theis, seconded by William Reiser to adjourn. Meeting adjourned at 2:20 A.M. G'GG L Clerk /VG'72,x, October 7, 1973 Gfe Tioyor