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HomeMy WebLinkAbout1998 [10] Oct 06 Page 3411 October 6, 1998 I Pursuant to due can and notice thereof the City Council for the City of 51. Joseph met in special session on Tuesday, October 6,1998 at 7:30 p.m. in the St Joseph Community Fire Hall. MEMBERS PRESE~JT: Mayor Kenneth J. Híemenz; Councilors Bob Loso,Cory Ehlert, Mary Niedenfuer, Ken Twit Clerk/Administrator Rachel Stapleton. , , OTHERS PRESENT: Joe Bettendorf, Ken Heinen, Dennis Emery, Mike Tadych, Robert James Theisen, Aloys G. Pfannenstein, Harvey W. Pfannenstein, Lee and JoAnn Zipp, Steve Streng, Jerome Salzer, Jack Pelzer, Art Schloemer, Kim Schmitz, Gary Heltemes, Tim Weisbrich, Joe Bechtold, Ann ReischL Mayor Hiemenz caUed the 1998 Street Improvement Assessment Hearing to order at 7:30 p.m. with all Councilors present, and gave the floor to City Engineer Joe Bettendorf. Bettendorf discussed the specifics of the project and the assessments. He'stated interior lots were assessed at 100% of the front footage, with side yards assessed 100% on the short side and 50% on the long side. Reconstructiol1 was assessed at 60% with new curb and gutter assessed at 100%. The following changes have been made to the preliminary assessment role: I 84-53416-00 Arlene Schmitz-Poepping, footing decreased three feet to 104 feet showing the footage as shown on her deed. 84-53934-10 Elmer & Jane Rakotz, Footage increased to 100 feet. 84-53934-00 Tim & Marilyn Stang, footage decrease to 80 feet 84-53863-QO Kurt Schneider, footage increased to 45 feet. 84-53862-00 St. Joe Meat Market, footage decreased to 24 feet. The project costs were as f01l0ws: Contract Engineering Financing Contingency $234,100 51,000 30,000 4,900 --~-------- Total 320,000 Bettendorf further discussed that the reconstruction was assessed at a 60% - 40%, with the CitY'$ share 40%. New curb and gutter was assessed 100% to the property O'.yner. FolJowing is the ! split between City share and assessments: Assessments City Share 198,342 121,688 I AI Plannenstein stated the City's share of 40% is paid by taxes also. Bettendorf clarified that is does, but is spread over the whole City tax base. Ken Heinen asked about the front and side yard footage calculation for comer lots. He also ! discussed that he felt the street was located three feet off center, causing him to loose front yard area. Bettendorf stated the footage for the assessments is based on the footage as filed in the i plat, and indicated he would check the record at the Court House to verify the footage. I , Cory Ehlert left at 7:55 P.M. to attend the St. Wendel Township Board meeting on behalf of the City. Heinen further asked why aU the footage assessments are the same for his area, when some properties have mailboxes which included a cost to move them. Bettendorf stated the costs on Page 3412 October 6, 1998 the assessments are not broken down to that extent. These costs are aU part of the project as well as other costs including sod and such. Leander Zipp asked why curb and gutter was not installed in the whole area of Eastern Park. Bettendorf stated the area on 5'" Avenue was not included in the East Minnesota Street project Curb and gutter is normally included in a project only when there is reconstruction. Robert Theisen stated he understood that the City can not assess the property if it does not increase the value of the property. He stated he is verbally chaJlenging the assessment to his property. Stapleton discussed the assessment requirements. Partial pa}'ment is aliiO'Ned and is required to be paid to the City within 20 days of the adoption of the assessment role, and fun payment must be made within 30 days. Any assessments not paid within 30 da}'S will be cerUfied to the County Auditor for payment over 15 years, with a 7% interest rate. The information on partial payments will be sent with the final notice of assessment. Twit asked how cul-de-sacs were assessed. Bettendorf stated they were assessed in the same manner as other properties, with the long established formula. On Twit ~~ating he thought this matter had been discussed previously, Mayor Hiemenz stated it had, but in a more general manner. Twit agreed to follow through with cul-de-sac assessments as they have been done. A written contest to the assessment of Robert Theisen's property was pœ.sented to and accepted by the Mayor during the hearing. There was a short discussion on the pfCIcess for a contested assessment. Stapleton will research the matter and wait for Robert Theisen's call within the next few days. Twit made a motion to approve the resolution adopting the 1998 Street Improvement assessment role with the noted changes and recognizing there is one contested assessment; seconded by Loso. Ayes: Hiemenz, loso, Niedenfuer, Twit. Nays: None. Motion carried. . Insert resolution adopting assessment. The hearing was closed at 8:30 P.M. Mayor Hiemenz called to order a joint hearing betwean the City Council for the City of St. Joseph and the Township Board for the Township of St. Joseph at 8:30 P.M. MEMBERS PRESENT: City Council: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Mary Niedenfuer, Ken Twit Clerk/Administrator Rachel Stapleton. Township Board - Supervisors - Joe Bechtold, Jerome Salzer, Tim Weisbrich. Clerk Anna Reisch!. The City Council and Town Board discussed the proposed area of annexation: All of Whispering Pines Addition that has not yet been annexed, that part of Lynx Road east from 91& Avenue to the eastem boundary of Lot 7, Block 2, Whispering Pines Addition, and all of County Highway 75 adjacent to the Whispering Pines Addition on the North. Mayor Hiemenz asked if any public wished to speak. No one spoke. Bettendorf stated the project will be bid this fall, with water installed to the assisted living facility this fall, as well. The water main will be placed on the east side of 91& A\renue and cross the I I I I i Page 3413, October 6, 1998' ! I road in front of the facility. The water and sewer will be placed on the east side of 91 & Avenue anq in the middle of the street on 90th Avenue. Joe Bechtold discussed the level of payment for fire protection is based on the valuation from the previous year. There was discussion that the level of taxes to be reimbursed to the township at 60% the first year took that may have accounted forlire protection. City Council: Loso made a motion to approve a Joint Resolution for Orderly Annexation to annex the following property: All of Whispering Pines Addition that has not yet been annexed, that part of Lynx Road east from 91 & Avenue to the eastem boundary of Lot 7, Block 2, Whispering Pines Addition, and all of County Highway 15 adjacent to the Whispering Pines Addition on the North. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Niedenfuer, Twit. Nays: None. Motion carried. TownshiD Board: Tim Weisbrich made a motion to ápprove a Joint Resolution for Orderly Annexation to annex the following property: All of Whispering Pines Addition that has not yet been annexed, that part of Lynx Road east from 91& Avenue to the eastem boundary of Lot7, Block 2, Whispering Pines Addition, .and all of County Highway 75 adjacent to the Whispering Pines Addition on the North. The motion was seconded by Joe Bechtold. Ayes: Bechtold,Salzer, Weisbrich. Nays: None. Motion Carried. The Town Board and City Council discussed the possibility of providing sewer to the area west of the Hardtails, (west of the Sauk River on Highway 75) and the County road construction five year plan. I Cory Ehlert retumed at 9:10 P.M. Joe Bechtold requested clarification on the consultants to the Joint Planning Board. He stated currently that Board is using the City Engineer and the Township Attorney. There was discussion that the Township attorney understands and will represent both entities needs. Joe Bettendorf requested receiving all initial mailings and information. Joe Bechtold ques'joned the 5 year allowance on septic systems not being included in the Orderly Annexation Agreement. Stapleton stated it is included in the City ordinances. Ehlert reported he appeared at the St. Wendel Township Board meeting this evening and discussed with them the City's Summer Recreation program and St. Wendel's participation. He encouraged St. Wendel Township. assist in the funding of the program or their participants will have to pay a higher registration fee. The Board members asked him to come to their annual meeting with his request. He was also advised"to bring support from the Pleasant Acres Addition. The meeting was adjoumed at 9:20 P.M. with a motion by Twit; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. @ I Rachel Stápleton Clerk/Administrator I I I Page 3412.1 October 6, 1998 i RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT I I I , I WHEREAS, a contract has been let for the improvement of: Reconstruction: The east alley - Block 9, Original Town from the mid point of the block to ¡ College Avenue North; Fourth Avenue SE from Baker Street East to Minnesota Street East; Fifth Avenue SE from Baker Street East to Able Street East; Able Street East from Fourth Avenue SE to Fifth Avenue SE; Western Court from Fifth Avenue SE to the end; Eastern Court from sixtIJ. Avenue SE to the end. ¡ , , Overlav: The east/west alley - Block 11 Original Town from Second Avenue NW east to mid block; The north/south alley - Block 11 Original Town from Ash Street West north to mid blóck; Sixth Avenue SE from Baker Street East to Able Street East; Able Street East from Fifth A vellue SE to Seventh Avenue SE. I The contract price for such improvement is $ 249,482.84 and the expenSes incurred or to be incurred in the making of such improvement amount to $ 108,283.16 so that the total cost of the improvement will be $ 357,766.00. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH MINNESOTA 1. The portion of the cost of such improvement to be paid by the City is hereby declared 0 be $ 357,766.00 and the portion of the cost to be assessed against benefited property I owners is declared to be $ 252,124.00 2. i Assessments shall be payable in equal annual instanments extending over a period of I fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1999; and shan bear interest at the rate of seven (7) percent annum from the date of the adoption of the assessment resolution. i The City Clerk with the assistance of the City Engineer, shall forthwith calculate the I proper amount to be specifically assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash wluatioÍ1, as provided by law, and file a copy of such proposed assessment in the City Office for public inspection. 3. 4. The City Clerk shan upon the completion of such proposed assessment, notify the Council thereof. ~~ Rachel Stapleton Clerk! Administrator Adopted by the Council this 3'" day of September, 1998. ~~~