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HomeMy WebLinkAbout1991-10-08 CC MIN r SPEC IAL MEETING STILLWATER CITY COUNCIL MI N UTES October 8, 1991 3:00 P.M. The Meeting was called to order by Mayor Abrahamson, Present: Councilmembers Bodlovick, Farrell (arrived at 4:45 P.M.), Funke, and Mayor Abrahamson, Council member Opheim City Coordinator Kriesel (arrived at 4:55 P.M,) City Attorney Magnuson Finance Director Deblon Consulting Engineer Peters Comm. Dev. Director Russell City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Absent: A 1 so Present: Press: r Ray Kirchner, Monty Brine, Michael McGuire, John Dahl, Joseph Naumann, Jim Durking, Eldon Robe, Jerome Halloran, David Sellergren, Ken Grund, Kevin Shoeberg. Undergrounding of Utilities - Lowell Inn Motlon by Councilmember Funke, seconded by Councilmember Bodlovick to underground utilities for two power poles in front of the Lowell Inn, 102 No, Second St., with the understanding that the owner of the property will pay the assessment. (All in favor), Others: Paving of Lily Lake Parkin~ Motion by Councl1member Bod~ck, seconded by Councilmember Funke to approve the quote of $12,644.00 received from Asphalt Specialties for the paving of the Lily Lake Arena parking lot, (All in favor). RECONVENED ASSESSMENT HEARINGS FOR CERTAIN PROPERTIES, L.I. 257 1. ThlS lS the day and tlme for the Reconvened Assessment Hearing for certain properties affected by L.I. 257, Downtown Construction. Notice of the hearing was mailed to affected property owners on September 19, 1991. a. ASS Co. City Attorney Magnuson explained that this property is commonly known as the Staples Mill site. The original assessment was $89,839.50. However, Ray Kirchner, appraiser, stated the increase in value to the property with the improvement would be $37,500.00, a reduction of $52,339.50, Consulting Engineer Peters further explained the improvements which were installed for the property. r , 1 r r r Stillwater City Council Minutes Special Meeting October 8, 1991 Attorney Kevin Shoeberg, representing ABS Co" explained his client's objection to the assessment figure and stated their appraiser listed the assessment between $13,000 - $27,000 and further stated the benefit is to the land. After further discussion, Council stated they would like to review the appraisal drafted for ABS Co. Mr. Shoeberg will forward a copy of that appraisal for Council review. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to continue the assessment hearing for L,I. 257, Downtown Construction, as it relates to ASS Co., to October 22, 1991 at 8:00 P.M. (All in favor). b. Brick Alley Mr. Magnuson explained this property covers the entire Brick Alley site, but not the Harvest States Feed Store, The original assessment was $54,280.70, but witn the deletion of a water service assessment and fire service stub the figure will be $48,765,00. Mr. Peters stated the improvements included reconstruction of the sanitary sewer, new street, curbing and sidewalk, storm sewer and undergrounding of utilities. Michael McGuire, partner in the New Stillwater Project/Brick Alley property, presented his appraisal, Mr, McGuire stated his square footage figure and the City's differed somewhat which would affect the assessment figure. He also stated he does not agree with the square footage assessment method for downtown. Mr. McGuire added that the storm sewer system was put in for his property in the 1980's and he should not be charged for this, He further stated that there are no buried utilities on Main St, which would affect his property. Also. one sanitary sewer connection was deleted and the roof lead and basement springs do not flow into the sanitary sewer. Mr. McGuire contends the Brick Alley property is not an income producing building because they have a number of unpaid rents which have a direct impact on the owners. John Dahl, McKinsey Metro Appraisal of White Bear Lake, further explained the appraisal for the Brick Alley property. Mr. McGuire will forward a copy of his appraisal to the City for review, Motion by Councilmember Funke, seconded by Councilmember Bodlovick to continue the assessment hearing for L.I, 257, Downtown Construction, as it relates to the Brick Alley, to October 22, 1991 at 8:00 P.M. (All in favor). c. Dock Cafe Clty Attorney Magnuson stated the original assessment was $23,346.15 and the appraiser found that the benefit to the site was $28,000.00. Consulting Engineer Peters stated that work done included sidewalks being 2 r Stillwater City Council Minutes Special Meeting October 8, 1991 rebuilt, an increase in water pressure because of the increase in size of the water main and increase in parking. Mr. McGuire again took issue with the area assessment and said all benefits to the property are indirect. There was no work being done east of the railroad tracks, Also, the Dock Cafe invested money in a waterline from Water St. to the Dock Cafe. John Dahl explained his appraisal for the Dock Cafe which used the same process as the Brick Alley. City Attorney Magnuson stated the improvement does not have to touch the property as long it benefits from it. Mr. McGuire will forward a copy of Mr, Dahl's appraisal to the City Council for review. r Motion by Councilmember Bodlovick, seconded by Councilmember Funke to continue the assessment hearing for L,I. 257, Downtown Construction, as it relates to' the Dock Cafe, to October 22, 1991 at 8:00 P.M. (All in favor). d. Citizens State Bank of Mont~omery Mr. Magnuson stated the orlgina assessment for this property was $93,057.75 with a revision of the assessment, per Mr. Kirchner's report, to $61,000. Consulting Engineer Peters gave a brief description of improvement which included storm sewer construction, a new sanitary sewer, rehabilitation of sewer manholes, increased size of water main and fire stub. Mr. Nauman, the attorney for the Citizens State Bank of Montgomery, stated the benefit to the property is not as high as the City has stated. He added the property is adequately served by a sewer system, the same can be said for streets, curb and sidewalk. They are trying to sell the property for $450,000, which is what it is worth before and after improvements. Mr. Nauman said they do not believe a buyer would be willing to pay more for a new sewer, sidewalks and so on, Mr. Kirchner stated he compared this property to similar prOjects in other cities and since those projects were completed, there was higher occupancy downtown and the businesses were more viable than before. He also talked to the assessor who stated land values had increased 30% to 50~. Mr, Nauman stated his client does not wish to go to court and asked if there is a figure that would be agreeable to the City, Their appraisal will be forwarded for Council review, Motion by Councilmember Bodlovick, seconded by Councilmember Funke to continue the assessment hearing for L.I. 257, Downtown Construction, as it relates to r 3 (' r r Stillwater City Council Minutes Special Meeting October 8, 1991 the Citizens State Bank of Montgomery, to October 22, 1991 at 8:00 P.M. (All in favor). e. Maple Island Mr. Magnuson stated the original assessment for the plant site was $41,491.81 and the appraisal increased the value to $45,000; the prison site original assessment was $351,679.19, with the appraised increase in value reduced to $51,000. The City Attorney and Finance Director recommended that the entire assessment be spread against Parcel 9028-0050 since the remaining site is steep sloped and unbuildable. Mr. Peters summarized the improvements. Mr. Jerome Halloran, representing Maple Island, said they still feel the amount of assessments is greater than the benefit to the two properties. Mr. Halloran then addressed the plant site and stated he has no quarrel with the 7-1/2i factor, but it should be applied to the value of the land only for both the prison and plant site. The building has no value because it is very old. Also, Maple Island had soil tests and there is a high water level there. (Councilmember Farrell arrived). Mr. Kirchner explained his reasoning for using both land and buildings in that the buildings are classified as historic and will receive major tax credits for renovation and the plant is too substantial to be torn down. Further discussion followed on these points. Motion by Councilmember Farrell, seconded by Councilmember Funke to continue the assessment hearing for L.I. 257, Downtown Construction, as it relates to Maple Island, Inc., to October 22, 1991 at 8:00 P.M. (All in favor). f, Stillwater Yacht Club Mr. Magnuson stated the original assessment for the Yacht Club property was $286,411.00 with the revised assessment to be $204,000,00, Mr. Peters summarized the improvements which were the addition of public water to the site, additional parking and new street, curbing, sidewalk and buried utilities on the approach streets, Dave Sellergren, speaking for the Yacht Club, stated the amount is way too high. He had submitted a letter of objection to the assessments and presented a copy of their appraisal to the City. They felt, that with the exception of water service, there was no benefit from the improvements. Also, the land cannot be further developed; the second phase of the Downtown Improvements will include constructing a park on Mulberry Point. 4 r Stillwater City Council Minutes Special Meeting October 8, 1991 Mr. Kirchner responded that his appraisal is partly based on the increased value of the slips that were sold -- that property is in excess of $5,000,000. Mr. Sellergren presented the City a copy of their appraisal for review. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to continue the assessment hearing for L.I. 257, Downtown Construction, as it relates to the Stillwater Yacht Club, to October 22, 1991 at 8:00 P.M. All in favor. Downtown Plan, L.I, 257, Principal Deletions from Assessments for Water Stubs, Flre Stubs and storm Sewer Stubs. Motion by Councilmember BodloV1Ck, seconded by Councilmember Funke to adopt the appropriate resolution deleting the principle amounts for water, sewer, and fire stubs from the original assessment roll for L,I. 257, Oowntown Construction. (Resolution No, 91-201) Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. Nays - None r 1991 at 8:00 P.M. RECESS Motlon by Councilmember Funke, seconded by Councilmember Bodlovick to recess the meeting at 5:30 P.M. (All in favor). ATTEST: tV~~ Uu;~ Resolutions: No. 91-201 - Principal Deletions Improvements, from Assessments for L.I. 257, Downtown r 5 r SPECIAL HEETING STILLWATER CITY COUNCIL HINUTES October 8, 1991 7:00 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Hayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Peters Recording Secretary Schaubach Press: Hike Marsnik, Stillwater Gazette Julie Kink, The Courier ASSESSMENT HEARINGS r 1. This is the day and time for the Assessment Hearing for L.I. 271, construction of sanitary sewer, watermain, utility services, storm sewer and street construction for Curve Crest Blvd. Notice of the hearing was published in the Courier on September 19, 1991 and mailed to affected property owners. Consulting Engineer Peters described the improvements and project costs. Jim Kellison, representing Curve Crest Properties, questioned why the MSA funds for this project were reduced. Dan Sandager and Doug Thomas, representing the Sandager family partnership which owns five lots affected by the assessments, also expressed objections to the diversion of MSA funds. City Coordinator Kriesel explained the assessment history for the Industrial Park area improvements. Mr. Kriesel indicated that prior policy was to use MSA funds to help pay for both MSA and non-MSA streets and that an average per acre street and utility assessment was also established for improvement projects in the Industrial Park area. Hr. Kriesel also recommended that the Council at least assess the amount that was stated at the improvement hearing. r Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution adopting the assessment for L.I. 271, Curve Crest Blvd., based upon the feaSibility report, of $16,520 per acre for streets and utilities, plus sewer and water services. (Resolution No. 91-215) 1 r Stillwater City Council Minutes Special Meeting October 8, 1991 Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 2. This is the day and time for the Assessment Hearing for L.I. 273, construction of sanitary sewer, watermain, utility services, storm sewer and street construction for Highlands of Stillwater. Notice of the hearing was published in The Courier on September 19, 1991 and mailed to affected property owners. Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution adopting the assessment for L.I. 273, Highlands of Stillwater. (Resolution No. 91-202) Ayes - Councilmembers BOdlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None r 3. This is the day and time for the Assessment Hearing for L.I. 272, construction of storm water drainage and street improvements on Hudson Street. Notice of the hearing was publiShed in The Courier on September 19, 1991 and mailed to affected property owners. Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution adopting the assessment for L.I. 272, Hudson Street. (Resolution No. 91-204) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 4. This is the day and time for the Assessment Hearing for L.I. 254, construction of sanitary sewer repairs, water services, catch basins, leads and street construction for Mulberry Street. Notice of the hearing was published in The Courier on September 19, 1991 and mailed to affected property owners. Consulting Engineer construction costs. Peters explained the project and r Willie Biessner, 306 N. 4th, owns two parcels affected by the assessments and objected to Lots 7,8, and 9 being assessed as front footage rather than side footage. Jim JaCObs, 503 W. Mulberry, questioned the change from $27 per foot assessment to $45 per foot. John Welshons, 415 W. MUlberry, objected to the changes made to the mock assessment role. Jim Rutten, 507 W. MUlberry, stated that all the available MSA funds should be used for this project. Lois Peterson, 504 2 r stillwater City Council Minutes Special Meeting October 8, 1991 Mulberry, stated that she has been inconvenienced by the construction and is trying to sell a house on Mulberry. Wilfred Buhl, 406 W. MUlberry, stated that two trees he had planted on the boulevard were removed during construction. Mayor Abrahamson explained how the assessment figures were determined. Council discussed a future assessment policy and a possible suspension of street projects until a policy is established. Recent assessments were discussed: the Pine and Churchill project was assessed at $35 per foot; the Third and Orleans project was assessed at $30 per foot. Motion by Mayor Abrahamson, seconded by Councilmember Funke to adopt the appropriate resolution adopting the assessments for L.I. 254, Mulberry Street, at $35 per front foot. (Resolution No. 9;1.-254 ) Ayes - Councilmembers Funke, Opheim, and Mayor Abrahamson Nays - Councilmembers Bodlovick and Farrell r Motion by Councilmember Opheim, seconded by Councilmember Funke to consider parcel 10690-5750, 306 No. 4th St., as side footage rather than front footage as requested by the property owner. (All in favor) (Council took a five-minute recess and reconvened at 9:00 p.m.) MISCELLANEOUS ASSESSMENTS Motion by Councilmember Farrell to adopt the assessment for L.I. (Resolution No. 91-209) Bodlovick, appropriate 265-2, Lily seconded by Councilmember resolution adopting the Lake Weed Harvesting. Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution adopting the assessment for L.I. 009, Diseased Tree Removal. (Resolution No. 91-207) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None r , Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution adopting the assessment for L.I. 277, Miscellaneous Charges. (Resolution No. 91-208) 3 r Stillwater City Council Minutes Special Meeting October 8, 1991 Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution adopting the assessment for L.I. 278, Miscellaneous Charges. (Resolution No. 91-206) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Bodlovick assessment 210) Councilmember Farrell, seconded by Councilmember to adopt the appropriate resolution adopting the for L.I. 279, Water Line Repairs. (Resolution No. 91- Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None r Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the deferral of special assessments for L.I. 279 as requested. (All in favor) Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution adopting the assessment for L.I. 280, Underground Electric Service Charge. (Resolution No. 91-203) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution adopting the assessment for L.I. 281. (Resolution No. 91-205) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution adopting certification of assessments to Washington County Auditor's Office, for delinquent sewer and garbage. (Resolution No. 91-211) r Ayes - Counci1members BOdlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 4 r Stillwater City Council Minutes Special Meeting October 8, 1991 OTHER BUSINESS Motion by Councilmember Bodlovick to approve the Association Retirement Fund Funke, seconded increase in the as requested. (All by Councilmember Fireman's Relief in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution employing Zamboni operators and concession workers for the Ice Arena for the 1991- 92 season. (Resolution No. 91-212) Ayes - Councilmembers BOdlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Council scheduled October 29 at 4:30 p.m. for a workshop with Jim Junker to discuss the recycling contract. r Counc il meeting, downtown. set October 15, immediately following the regular for an executive session regarding three appraisals ADJOURNMENT Motion by Councilmember Funke, seconded Bodlovick to adjourn the meeting at 9:15 p.m. by Councilmember (All in favor) ~~~ ATTEST:~~ ITY CLER Resolutions: 91- 215 - Adopting the assessment for L.I. 271 91- 202 - Adopting the assessment for L.!. 273 91- 204 - Adopting the assessment for L.!. 272 91- 214 - Adopting the assessment for L. !. 254 91- 209 - Adopting the assessment for L.!. 265-2 91- 207 - Adopting the assessment for L. !. 009 91- 208 - Adopting the assessment for L.!. 277 91- 206 - Adopting the assessment for L.!. 278 91- 210 - Adopting the assessment for L.!. 279 r 91- 203 - Adopting the assessment for L.!. 280 91- 205 - Adopting the assessment for L.!. 281 91- 2ll - Certification of assessments 91- 212 - Employing Ice Arena staff ''0 5