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HomeMy WebLinkAbout01 10 1977hve""p of 11�. VNh" "~4 of 1M* Vi hi iM ey arwls of K loke le iM ces"Y *f fcokeer =std of Mto1e„ h�drd Mri�lod by *am ;Cwedl - ., i :ianuarl 10, 1974 * 'ehe Common Council of the City of Prior Lake net in regular s ` ession on. January 10, 1977 a 7:30 P.M. in the. City Council Chambers. Mayor Stock called the meeting n _order: Present were Mayor Stock, Councilmen Busse, Bissonett, Oakes, 3n_:- iatkins, City anager Y McGuire, Engineer person, Finance Director MacGillvray,`and Attacney Sullivan. MINUTES Motion was made by Watkins to approve the Minutes of January 3, 1977 seconded by Busse and upon a vote taken t was;duly passed. FIRE MARSHALL Mayor Stock swore in Bob Mertens as Fire Marshall for„1977 and Lyle j ASST. MARSHAL Anderson as Assistant Fire Marsh 11 for 1977. .; SNOWMOBILE Mr. .Don Williams was present requesting that the Counc consider closing PROBLEMS the gate on the Rutledge side of Lakefront Park and to give the people._ involved with hockey keys because if'it re�sains open because of the snok:- itobiles.there will be no trees left. Mayor Stock directed the City Manager and Park Director to,,contact snowmobile clubs regarding > ardi p e8 n8 a solution to the roblem.of snowmobiles in ,' Lakefront Park. �� �, STREET NAMING Notion was made by Watkins to hold.a Public Hearing for street naming NUMBERING' numbering for the Spring ;Lake area that was annexed on February 14, 1977 IN SPRING LK at 8:00 P.M. in the City Hall,, seconded by Busse and was duly upon a vote.t Y Passed. ` D ELiN DENT LNQ City .Manager McGuire presented a memo dated January 6,,1977 to the Mayor and City Council regarding delinquent bills son. for Council review and discus,` Notion was made by Watkins to turn over to the ' City Attorney the delinquent 4� , bills . l sled • on the first part of the memo dated:Jaau.iry 6,,.1977 to. the Mayor and City Council from the City Manager regarding delinquent bills as amended, seconded by Busse and upon. a vote taken, it was dul P93Sed i .'ROAD PAVit Councilman Oakes,read the Decemb i PL'BLACKTQ er 30,: 1971 Eagle Creek Minutes regarding P .the; Prior Lake Blacktop, bond, and'. read a 1975 letter written too *fie City 'X Manager from the St. Paul - �? Companies regarding the bond. Y \ ' Motioin was made by Oakes that the Road vi pg nR as explained in the December 20, 1971 Eagle Creek Town Board Meeting Minutes involving the Vanners and Mr.; Gayle Carpenter be made a 1977 construction project and that the Prior LakecBlacktop bond be kept in force until c ` owpletion o€ the, project, seconded by Watkins and upon a vote taken it was duly passed; 1 JOHN. CERHAK Mr. John Cermak was present - regarding a street sign, STREET SIGN gn. on-i private driveway: Notion was made by 'Watkins that the.sign� at� olu b a Avenue and Wood Circle not be wed and that the Wo irele sign, be marked as a. private road, seconded by Busse and upon a vote taken it was duly passed. ~+ Cour►.:4men Bissonett ,land Oakes abstained.. u PROD. DEFERRE Ma r Stock called the Public Heari ng on the 1973 Projects Deferred } ASSESSMENTS Assessments to order. Mayor Stock'read the public noiice. Mayor Stock stated that the Purpose of the meeting -is to,dtscuss the v` deferred assessments,on the areas and projects that he read`3n.the notice,'mainly 72 -0, 72 -9, 72 -7, and 73- 3.'and other areas that, mentioned. in the.legal, notice will be held wer not at a later date. If in.this area the Council will hear their comments this evening, if are outside of this area another public heari -{ stated that if anyone had any comments at this time been sch led. -,He the any comments, objections, or statements relative to : the deferred assess- ear ments, then the next procedure will "be to take these items under considers- Y Lion <ind possibly to have more time to prepare the final'assesssent rolrp, the hearing will be continued until: another date at which..time'the certi n' fied „assessments would be adopted. ` t was taken into consideration. e �`. Mayor Stock stated "that this would be reviewed, X Mr. Mulken was present,representing the Reinboldts (PL 3 -2SA) stating he , really knows:nothi P ng, of what happened on this one and'the Reinboldts do b not have such recollection either. He is not awaretf an „� extenuati o y 'particular � �• . extenuating circumstances on this and his question is .+hat the Council . recollects on this regarding_: deferrals, Mayor Stock sf3ated'.that the Council will accept Nr,. Muelken's statement; ert PP Y along obi ihCReinboldt prop and review this . ng with the McCarth S. Y Nr•= Nuelken was present representing the William Simpkins Estate (PL 3 -11, # z PL 3 - 21) stating that he does, ;not have communication on these out he would ` have to say that it gas his understanding ',that these also were not deferred for any specific, period of tide but rather until further,.developwen He does not think there i+as tang written: communicat but there was discussion the administrator f,`t of the estate._ He was inquiring ihere'is any- thing in the City s records,wth ' .; !k respect to this. ., i Attorney Sullivan stated it\ her`e ryas * a petition in seemed to tin that .; . Probate court to get ` this deed: signed and, there way be something there. Mayor Stock stated the, City will research the minutes "regarding these r two parcel, '' j Mr. Larry Nickelson (PL 2 -286A) stated he also has a letter dated October 25, 1974 that seams to be contrary to whit is happening tonight *Yor' state Stock scat that based on the letter to 1�6�, Nickelson, dated October- lS,`.1974 the "Council will have to tike`ihis into consideration, ti Nr Nickelson wanted to knoti4f this iP�ility letter is valid, is there a ;,. f oss°that it is 'not, wit -1 the statements wade or not. in this letter. stand , Niyor`Stock stated that their - intent, is to honor. the letters "or eomauni- } cations 'they have had with the number of individuals, Mr. Nickelson asked if he should pursue this further, at the certification �,. hearing or will soweone, contact him, or does ht forget about, cow 3ng how Mill they move on 'this, or can V �^ to. -'the certification hem or what action have to take. City Manager McGuire stated that the letter itself will be honored, how - ,. ever, the interest will.be placed on'the deferred . assessment. i . Mr. Nickelson stated that he as that would be the case and. that is ,. satisfactory with haw. k _2_ r I fA1MV K of Nie. -.lip of NN Vo"o CowKN "of tl►w VN , , PROD. QEFERR Mr. • Frank. Iiel6en was resent 1 1973 r are deferred until your o Bevel developed b �, P= perty ss �P Y P1At ing or sold, When your property is developed or" so'ld the Council will'doter*ine which parts of the assessment a areapplicable and which �P Parts will continue to be deferre d;," lt.seems to him that this .is a commitment on the;.part of the City that 46esn't f fall within the scope, of what has been'discuss -ed prior to this even'11k,'` !mayor Stock stated they were aware of this and t letter will be taken into consideration, ' 1; W. Muelken was present representing John McCarth -` this one he As is without any such latter or any s k , si4ch ( another, building was placed on the =balance of the ro r He knows . , not h A t Z a_ baw.aea; IlAllr111l: of tIN ei the YNkNe taeacN of the Yilk"e of'd w lake in tM Caanep ;`Scots ead ',`eh of . MtaaNaN, isdwliwo all eapuab aadiNd by Said Ceandl, PROJ. DEFERR- ED ASSESSMENTi Mr. Larry Hafersan'(PL 2 -278A, PL 2 -278D) requested that the Council take into consideration to defer PL 2 a -278D until that propert} undergoes such topographical changes so as to allow buildings and development thereon, 1 He also has no objection in respect to PL 2 -279A bei1� gplaced q on the assessment rolls whenever it is levied. Also the piece�iamediatety to the north. of PL 2 -278A; 120 feet immediately to the . north, hs would IG have no objection to that being placed on the assessment rolls Whenever it is lev ied: There was also a letter presented from Philip T. !Canning of Je'e Jaspers, P.A., Attorneys at Law regarding this tatter. i Mayor -Stock stated that Mr. Haferman's statements and the letter ,wtxild A t be turned over to staff for review and would be taken into consideration. c; Mr. Don lbnnens (PL 3 -22 PL 3 -22A ) requested that these be ,removed from the assessment rolls or as a last resort have it deferred until 'soe�ethi p i b on it, hiprobably nr he. He access to this property h as n o except b a e�ent throu privat g a neighbor s lo,: Councilman Oakes stated that this should be laid over, until next week and they-should have a staff recommendation it on because he is certain the reason that the acreage charge is 8 g put on it ,is because it is a plat of . record, they need a discussion by staff in suFpor't of lbc. Nonnen's point of view if it is really not buildable or if it " ",,. x , is really not accessibl H e as `curious as to how it got to be a lot of record and having no access. Mayor Stock stated at 'this time he would add the2weber property (PL 3 -23) to= this because they connect and run together, ! Kr. Nuelken was present representing Mr, Roy Cady (PL.3 -13E), referring to'� t a letter from the Village ot�Prior Lake 7 ` ± r dated June 18, 1973 to Mr, and W3. Roy Clay stating "&is will confirm our relative to the 1 sewer and water assessment charges will apply to your property lying between Scott County'Road e21, - an the east and Park Avenue on the best, ►' { i ' It was agreed among other things that 11 3.' the front footage assessment, both sewer and water, on the portion of your that property fronts on Park, Avenue will be deferred "until such time as the parcel is subdivided at:` which 4 time the separated portion will be charged with the deferred` portion based on the present front footage on.Park,Avenue." ° Councilman Oakes stated that this is , a situation in which the lot faces two;roads'and.there 's a sewer improvement in each of the two roads front and back, so the City assessed the a parcel, there should be_a: current assessment on the pm� �rcel for the , improvement that was connected to and lie thinks that Mr, . _ C �y and he had some conversation about which one of . the two assessments s!i� uld be called - down first because of which. way he went' with his sewer bo�ause the City said one of theal was Current and he said the other one was r`; The remaining one then is very likely not going to be used, based 4`h-the nature of.this lot and - location of his 1louse, until the house is'removed`and`atothei couple of houses built in ! . there, which is probably g2aing to be two or three ears from now.. y � Mayor Stock stated tliat the ` honoring of the letter is going to be sanda- tort' on he part of the Counc,,.il, however, he believes that the interest will be assessed, however, t6t does not become effective until the assessment is calledT down. Nr. Muelken stated that they have no objection to the interest being a assessed effective when the assessment is called down. ' ; ,Mayor Stock stated that the interest rate is assessed currently and would be called down at the time that the assessment � would be placed } on or certified on the assessment roll., at ' Nor . Nluelken stated. they would have to object to that, they d6'not think ; that the interest would be appropriate until the assessment is called, down and he does n t think the assessment can be called down until such time as whatever the criteria is that is set forth in the letter, -3- Nwim lot heaeiieM of tie Vi11er Cweeil of the ViNeoe of (vier teh M fM Cwnfy of saeN'aM1 iMh MiaftNele, ladaiie♦, all omw ft audiNd by se cwedl. PROD. DE FERREI Councilman Oakes stated what, he is saying is that he doesn't ever grant it 11SSESSMENTS assessed.. Mr.Muelken stated what he saying i ,is that.. if it is never assessed,, if it is never called down then there be should never interest accrued and, if it is ever called down then the interest should be commencing at that tine. _ = Attorney Sullivan stated that by Statute now the City can collect interest on the deferred assessments. �_ Mr.`Muelken stated that there.certainly was no discussion or deals made with respect to interest when these letters wtere written and when the subject was discussed with property owners. {' Mayor Stock`stated that the City-held a public hearing back a month or so ago on the interest charge and that it be by Statute. The ; interest doesn't go into effect until January 1, 1977„ from that point,on it will 'until .- be. accruiig interest the time that it is certified and actually called-An. 4 ; - � Mr Mr. stated it i his es understanding what the City proposes to do is to let interest accrue from January 1, until suchever tine as there is an assessment and.if that is ten years from.now it would be 80 ;:additional , interest and he is suggesting that there was, 'no agreement with respect to any additional charges at the time that any - of , these agreements were a made, whether it be'Jim Cates or Roy Clay or any, of the rest of.them, where there was a` „specific agreement. * Councilman Oakes stated he did not want to respond to \any other instances * 'Y that Mr. Muelken,mentioned at this point except this one because it would just cloud the issue. ; On, this one of Clay he would like to recommend that this be -laid over and staff look at the portion of pro rty which regains and see whether or not this is deemed buildable. e. , Mc. Roy Clay asked if the City can call these down in 20 years no matter - what'staff'says. 7 Councilman Oakes, stated that the City puts so such pipe in the ground that �., roses so such money and you are not paying for part of it your property ` ��.. x. when.it is deferred, so a future Council nay say yes it is not right to 'cause. a r however, that gets paid back to get paid back so we will take act ion, say OK, Roy Clay has to pay regardless, he is not saying this is legal, he, is saying that this could happen, he is not saying it is illegaA either. - Mr. Muelken asked if Were is that much in that example and the t example that they have 1;efore them,.thit the present Council is saying that although there was, no - ' Mayor Stock stated Wh t the \.$tatuto is a, relatively now Statute;and gave s . the provision for municipal ties, and.this is not uncommon to any munici- a pality that has gone into con.trurtion of any type, amounts that the�City, has, it is not uncommon to ary� municipality. ' Councilman Oakes stated what it did was attempt to case the pain by deferred assessments. May r Stock,astated that, the Statute yo ty gives the provision to the. municipali c to help iti its bond .repayment schedule by,charging this interest rate and that is what we are now looking at and.in.1977'•that goes into effect.. He has had three years or four rears of defeiied assessments with no interest charge whatsoever and it wl.l,l still some time to make plans,,for than particular parcel. 'Attorney `Sullivan stated that there was no discussion of interest because the City could. not collect it. r c. � 4 I( - .. .tea., i� r �, ! i MINK* of Mo rrefted I iMs of 1ho V116901 Goeneil of Me. V1114 ,of Bier take in the County of SeeM aed state of° r - NiioM"elo, lmdu ding ell oeeeuels sudiMd by said Cw"l. PROJ, DEFER- Mayor Stock stated but now they collect it'and the Council looked' � 1 REDASSESsmENr it and they mentioned at the last meeting relating to the interest that the City only has three choices really in front of thee, one is to wake all deferred assessments current assessments, therefore paying interest and principal, or. the other is to call down an.,inierest rate beginning January 1, 1977, or let everybod Y Y paY "for it. Finance Director MacGillivray stated if you are talking bout a ceiling, that same Statute 471 says that you can onl $' y assess 30 „Years from the k anniversary , ry of the assessment hearing, so there is a ceiling on that and it is 30 years from the assessment hearing, which means that if`you called ' this down 20 years from.now, whatever this payment is. plus the'accunulated interest would be collapsed in 1,0 years because the City, can only collect in the 30 years from the anniversary of the assessment hearing. Mayor Stuck requested that staff review the Clay property and to have this information to the Council by next Monday night. r Mr. Muelken was present representing the Earl Cates property (PL 11 stating that he had nothing on that now and wanted to note an appearance onthis at this time. ' Councilman Oakes stated that the City has a letter / n this and he has ' a copy of it, 1 Mr. Frank Anderson stated that the initial p back in 1 72 and " . were not any concern of his, because he felt at.,the time when these �1 Projects would go through that the people-that were ,there wanted these things, that they would have their chance when their project came up. I�t turned ours that this was not so, by the 1974 hearings; everything was ' + ' I already, and, it was j a project go regarding assessments and especially deferred assessments. At that tine they were told that the assessments woui- a deferred until the property was developed,. He'does� not happen td. one, of the lucky ones who have the letter, but he thinks that this wixl 'change his attitude in the future in.that he has along these lines, will r ufie somethi any dealings that t eq something in writing�,rney were told,.that the sewer Vroj,ects,, the costs werer all predicated on a certain s rate of growth, now this was just `within the last few months, the idea was, that this growth would produce enough incae.to make his project Feasible, but the rate of growth did not occur and he.does not pretend , to know why that this rate of growth . did not�occur'.and u+tr the revenue did not came in, whether this represents.:bad projection on the the People doing part of P P ng it or who this 4s- due.to outside forces like inflation. , transportation. -He is certainly not'here tonight trying to blame the is judgment mistake at the time= of=the- financing of these xf= various projects. The Counci se are certainly difficult decisions and he does not, believe anyone on the COunci is= =naive enough to believe that the alwa s; be right otut,any decision they are called upon to 'make. In regard to these deferred assessments, in the Prior Lake Paper quoting the last meeting the City Attorney outlined the thiee.,possib lities for the solutions to the Cit 's� redic ` Y p aui�tnit and the one he wanted to bring out and he does not think has. been talked about sufficiently is the one : , regarding the deferred payments as to,wheiher this should be allocated- to the whole coeeiauity'or not. His point is that as far as he is concerned P ` % the Council played the futures market f the commodity market, with the- sewer projects an&,the City lost, the rate of growth did not occurr and the City lost... Now`'the City has ° to find someone to Y you are,, Playing p ay for this just as p X`ng the grain futures and you lose, it cost you some money. At the present time the City is asking the people who have the deferred assessments to pick up :his tab and', while agrees this is certainly legal he would like to, state 'that & s far as he is concerned it is unjust and amoral, He sees no reasonw.hy this loss should not be theeresponsibility of the; Mire commun since these projects were designed; by community representatives for,the comuft ty'�and he: does not think he could be accused of,`asking for something for nothing when he is asking for this because these assessments will be collected in the future. We are just talking about;the.defeiwent of the assessment until. the property is developed aM he thinks that these people who, were promised deferred assessments, he was promised a deferred assessment, not in writing, ` infe;rtunateTy: but deferred assessments until the property is developed . w s i. � 4 ,. .t... '�r a h '� �.;rSa;A -:.r , ..q r ,4rra;�`r'g'+;. ?mac "t4;� y MINUTES of 1M I ia/a of the V"hW "undl *U** Village of Prior take In fhe Couety of SCOW and SMh of , Minnew/e, ineludiwo all aeceeels audited by NM Council. -, PROJ. DEFERRE ASSESSMENTS ,and/ "now we have a change of mind.. This really disturbs orbs him that the a have this much chaos in t ` ' `. Y- n he City � go�ernnent that would cause hardships on alfnunber of people including himself. He does not want to sell the few \' mo acres he has, he would like to keep them, that is one of the reasons he out here, but with the horrendous sewer assessments and water ' / ved assessments there is just no way that they can maintain -the kind of life that they are interested in. They use their . property, it is not just sitting there, they use over two - thirds of it. He feels that the Council J/ has an obligation to the people on the basis of deferred assessments and f/ he for one did not activelyj' oppose the sewer project even though he was against it, he made an open opposition because he was promised'a deferred` assessment. He is here tonight because he thinks anything, that any f decisions that are made tonight wil! carry through in the rest;of the „ projects. He wanted to 1nor if there is any City property that is f f involved in any of these projects along these lines. Mayor Stock stated yes there is. a = Mr. Anderson stated he can see no reason why th y e City does not have to pickup the tab for this assessment. f Mayor Stock stated that they are_.. ' Mr. Anderson stated he was told in his area along the sewer line, is ng park, along the not being assessed, which means that the people on his road paying for their project are footing x the bill for the community rather than the entire community. 3 Mayor Stock stated that rk pa property is all being currently assessed. Councilman Oakes: stated that any public property, it has been his intent to see that it did get assessed, whether it is park'Or. school. A school represents the usage of our community property by people outside of the community and it is certainly reasonable him " #. to that: the school should pay its proportionate share of an improvement project, that same rationale .would: go kith a regional park. Councl4tan Watkins stated he could understand Dr. Anderson's consternation on,this and there are letters and,the letters have to do with most part on Particular peculiar parcels of property. At the time of 'the public hearing' on Dr. Anderson's project he was at that time off the Council but on all the public hearings conducted before or since then a philoso of deferred,, ; re ., r = assessments' were an effort by the Council at the time trying be confiscatory on particular parcels o� property until they felt they needed. He does not think, he recalls, there was'an implication made that these deferred assessments on undeveloped property, deferred footage assessments on undeveloped p property . were for a:pei-iod4 until they, were developed in all. cases`. There were peculiar areas, double facing lots, and wewj gone through some of them tonight. He was not at7that particular'peiblic hearing, but if you understood that you were deferred until development it was some- thing that heat the time he was on the Council, both before and since did not really understand in that manner, if it were what you say he would agree 00t.. For the three or four years before that and the, year since then he disagrees with the implication, if it Was implied it was not intended. Q Nr. Anderson stated he was sure it was implied from the standpoint that he was assured that he would not have to worry because the property have a deferred assessment anyway; He did talk to a couple of the City officials privately, he came into the office and before the hearing and discussed his., concern and was told that these parcels would be deferred. Mr. Victor Schroeder was present regarding the assessments on his property, Councilman Rakes asked that the minutes be found and read regarding this matter. .'Mayor Stock accepted as ;a matter of the record a letter from the Prior Lake School District 719 dated January 10, 1977.' MINUTES of the INreceedinp of the VU ; lose Council of fhe Vi Upe of Leke In the County of icon nod Slow Of MinMwN, indud all y �Y accounts audited ►y acid Guwd1. � ' PROJ. , DEFER Motion was made by Watkins directing staff to, complete and "r`e 16 t4 1 RED ASSESS. areas that have been in question, related communications, and prepare' i VENTS an assessment roll regarding 1973 Projects Deferred Assessments andit'�, w 4 continue the Public: Hearing until January 17, 1977 at 8c30 P.14 at wh ich time the deferred assessments would be certified, seconded by Bissonett and upon a vote taken it was duly passed, ti } Councilman Oakes read two Paragraphs in the Minutes r, pertaining to vi Schroeder's= property and. Mayor Stock directed the City Manager to victo copy of the Minutes to Mr. Schroeder, r Mayor Stock `called the regular council meeting,baik to order. ! } J. DUNK GET- Mr.. Jim'Dunn. and Mr, b re Harold Gustafson his contractor onrator, were present NE regarding �.� g g getting a crane and other equipment ovei the 'bridge to TINE CRA OTHER EQUIP. Martinson Island for construction of hi new home. OVER 'MART I N- ; SON'18UIND Councilman Oakes recommended that Mr. Dunn get the City Engineer a state; sent of what he needs to get across the bridge and asked staff in the form `' of Engineer Anderson to give Mr. Dunn the cooperation it would require to'` get the thing, settled promptly. ", *' 18 -169 BRIDE Councilman Watkins presented information on the 18 -169 bridge committee COMMITTEE meeting and made a recommendation for a Min -169 crossing for Council discussion, Ali k. Motion was made by Bissonett to authorize the City Manager to explore with ~ Savage, Burnsville, Hennepin County, Scott' County, ,and Shakopee 'the _. concept of a crossing by- passiP.g the railroad, seconded, by Watkins and >. upon a. vote taken it.was duly passed.; 1 Y CTY, RD, 12 Engineer Anderson stated that County Road 12'between SptmgtLake and S 6 W.PROJ. Prior Lake will be tore'up in the 1977: sewer and water roject.� 'the City" I has a cou le of p options, one �s to replace it as it is, :and the other would be to replace it to county state: aid standards similar t o F ranklin `7YSi1, Arrangements can be made with the Country for paymerit for, Co wouldlshare in unty the cost. Mayor Stock directed Engineer Anderson to get more information on the interest rates and the affect it would: have on, existing structures.. City Manager McGuire presented a t daed'January 6, 1977 to;the end City Council regarding future development for Council review and discussion. !ti Councilman Busse recommended that the memo'be sent to the Planning ` E Commission for review and,'.then have a joint meeting xith the 'planning Commission and the Council to go over it. Mayor Stock directed the City Manager to circulate the se so to the Planning Commission and schedule a joint seeting for discussion;. purposes ` on this subject, MTC BUS Councilman; Bissonett �lyi�me -�roma�riin& 6, Mcdt6 -k) hirv,. the only way that >the City is going to get a ROUTES bus- , from Prior Lake tnat� stops: in Bloomington is by way of petition to the Mr and then tee MTC sakes a study of it, if they determine that it is worthwhile then they will sake a trill run, City `Manager McGuire stated that in his conversation today with a representative of the MTC, he mentioned the service which is being':provid ed to Burnsville, that in itself from Burnsville to Bloomington_is not Paying its way, and the only possible alternative he felt was for Prior Lake people to drive to Burnsville to get on the bus_ then,go in Cit , Manager McGuire told him that if he were Personally to get in his car he ,would try to drive into Bloopington rather than getting on the bus. HeE_ e i felt that was a problem, the reason he called, however, Ms regarding the resolution passed by the Council urging the MTC to implesent thelr .contingency plan and he called up' nquiring what contin me g y plan. e .