Loading...
06-15-1981 CCMMINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL MONDAY, JUNE 15, 1981 The special City Council meeting for a public hearing on 1981 Assessments was called to order by Mayor Westlund at 8:00 P.M. Those present were: Aldermen Peterson, Luene- burg, and Gruenhagen, in addition to Mayor Westlund. Alderman Beatty arrived at 9:00 P.M. Also present: City Administrator Plotz, City Engineer Priebe, City Account- ant Merrill, and City Attorney Schantzen. The Mayor prefaced the hearing with explanatory remarks on the procedure being used for the first time this year whereby the public hearing on the assessment rolls is held prior to the completion of the improvement projects. It was felt this new method enabled the property owners to gain a better idea of what the project cost would be, and also changes could be made prior to work completion. City Administrator Plotz commented on the procedure for adopting the assessment rolls and payment of the assessment costs. He stated the property owner has 30 days after adoption to pay the total cost without interest or it will be certified to taxes with interest over a 10 year period. The property owner also has a new option provided by the State whereby anyone who has presented a written objection prior to or at the hear- ing has 30 days after the date of the hearing to appeal to the City Clerk. Mr. Plotz further remarked that in previous years the interest rate has been 7%, but the interest rate for the 1981 assessments will be determined following the sale of the 1981 bonds on June 30, 1981. City Engineer Priebe stated that a preliminary notice had been sent the property owners. After the hearing, they will receive a second notice which will be the actual assess- ment amount. If a second notice is not received, that particular project was dropped from the improvements. He further commented that new subdivisions require all assessments be paid by the development, ie. developer or property owner in the develop- ment. The amount is pro -rated on a per lot basis. Mr. Priebe explained the procedure for determining the cost for curb and gutter projects and stated no credits are given. He went on to say that storm sewers are assessed on square footage basis and explained the method for determining the cost. Attorney Bill Haas inquired about the drainage area and wanted to know if 1982 sche- matic drawings were available. Mr. Haas commented he was representing three individ- uals on Assessment Roll No. 92, and he had a general question. He then asked if what Marlow was saying, is the assessment based on the total cost and the square footage in relation to said cost. He saw no correlation between the particular costs and the special benefit received as far as the method was concerned. City Engineer Priebe responded it is figured on square footage and total cost. There is no relationship looked into at this time relative to the assessment and cost bene- fit to the property. 9 COUNCIL MINUTES JUNE 15, 1981 City Attorney Schantzen stated that to hold the cost uniform, the City assesses on a per square footage. It was his opinion that the uniform costs across all property owner will equal the increased fair market value of each property owner's property. Attorney Haas asked what the opinion was based on and if it was fair market value. City Attorney Schantzen responded it was the opinion of the City staff. Mr. Haas then asked if anyone on City staff had the expertise as far as fair market value was involved. City Attorney Schantzen answered the court would have to determine that. Attorney Michael Gavin stated he was representing Henry Christon (Chris) Kadelback for Assessment Roll No. 99. He stated he understood the bids for these projects had not been awarded. He asked if the possibility still existed that if enough people were opposed to the dollar cost that the Council could determine not to award the contracts. Mayor Westlund responded that the bids had not been awarded, and a decision would have to be made on the projects to be completed. City Engineer Priebe explained the assessment cost for water and sanitary sewer are based on per front footage cost. Curb and gutter are assessed on front foot basis in the same manner as sewer and water of interior lots and corner lots are assessed on both sides. Streets are figured in a different manner for corner lots only. If the short side is assessed first, then where an assessment is made on the long side the short side frontage credit is given. (a) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 87 Mayor Westlund read Publication No. 2738, Notice of Hearing on Proposed Assess- ment, Assessment Roll No. 87, Project 81-07. He then asked if there was anyone present wishing to' be heard. There was no one present who wished to be heard. (b) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 88 Mayor Westlund called the hearing on proposed Assessment Roll No. 88, Project 81-09, with the reading of Publication No. 2739. There was no one present to be heard. (c) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 89 Mayor Westlund called the hearing on proposed Assessment Roll No. 89, Project 81-31, with the reading of Publication No. 2740. There was no one present wishing to be heard. -2- COUNCIL MINUTES JUNE 15, 1981 (d) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 90 Mayor Westlund called the hearing on proposed Assessment Roll No. 90, Project 81-10, with the reading of Publication No. 2741. Mrs. David Bruzek Raised questions relating to Projects 90, 111 Mark Drive 91 and 92 for Clifton Heights. Stated she would like to see the bids that were received; what the bids were, who bid on them, and how the costs were determined. Asked if any at- tempts were made to keep the costs down. City Engineer Priebe Responded there were eight bidders, and the award is based on lowest bidder. The letting was based on A, B and C as one total project. Stated it was not practical to have three con- tractors for one project. Commented the bids are available for inspection at any time. Lee Stritesky Asked if this is the half that the sewer main 709 Hilltop Drive will follow. City Engineer Priebe Pointed out the areas the main will follow, with the exception of one area. Lee Stritesky Asked what cut-offs the mains would be taking. City Engineer Priebe Responded he did not know at this time. He will be scheduling meetings with all the prop- erty owners on an individual basis to discuss their service line, where they want it, etc. It will be installed from the property line in- to their house at the least cost. Juul Con- tracting has expertise and will be helpful to him. Similar to what was done in Shady Ridge Road area several years ago. Pointed out the project only goes from the main to the property line. Lee Stritesky Stated that on the right hand block of houses, most of the septic tanks are in the back yards. Asked if the hookups could be made in the back. City Engineer Priebe Remarked that if they go into the rear, the cost would triple. -3- M COUNCIL MINUTES JUNE 15, 1981 Lee Stritesky City Engineer Priebe Lee Stritesky City Engineer Priebe Felt consideration should be given to bring- ing the service to the back. Stated there are trees and shrubs in the front to consider. Some houses have front yard services. Commented there was a possibility that they might have to dig a hole in the basement floor. Stated this was the reason for meeting with the property owners on an individual basis. Get an easement and not run into any problems. (e) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 91 Mayor Westlund called the hearing on proposed Assessment Roll No. 91, Project 81-10, with the reading of Publication No. 2742. There was no one present to be heard. (f) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 92 Mayor Westlund called the hearing on proposed Assessment Roll No. 92, Project 81-10, with the reading of Publication No. 2743. Atty. Bill Haas Asked for the schematic drawing of Roll No. 92. Stated he represented Harold Thompson (7 -Hi Motel), Arthur Saar, Jr. (Velvet Coach), and Roger Kable (Kable Furniture, Inc.). He wanted to know how these three property owners were going to benefit by the proposed lateral storm sewer. City Engineer Priebe The lateral trunk line collects the service water and carries it to a connection to put it into the trunk line. Atty. Bill Haas Asked if there would be a change in the direc- tion of drainage. Where does the drainage go from the ditch now? City Engineer Priebe Some of it remains there due to the existing grade of the ditch and excess over flows to the county ditch. Atty. Bill Haas It goes down into the county ditch? Is it fair to say that you are changing the drainage. After the project is finished, will it no longer go to the county ditch? -4- a COUNCIL MINUTES JUNE 15, 1981 City Engineer Priebe The highway ditch is an artificial ditch which has changed the drainage flow. Atty. Bill Haas Didn't the City have any input into the ditch? How was the project instigated? By petition or City Council action? Pointed out there was not a Council quorum present at the hearing. John Mlinar Raised questions on the project, Drainage tracks 704 Hilltop Drive for the railroad tracks, have they been figured in? How about the Luce Line Trail? Will they be assessed? Also, the Industrial Park and Richard Larson's Addition? City Engineer Priebe Richard Larson will have to put his own lateral lines in to serve his area. John Mlinar Commented the area further to the east is not annexed at this time. Asked if when annexed, would the drainage come to the trunk line. City Engineer Priebe Stated it was not planned that way; assume it will go into the county ditch. John Mlinar Asked about cost of trunk line. Does;the 11.9 include the trunk line. City Engineer Priebe No, just the lateral. John Mlinar Stated he was quoted cost of 12q, per foot, in- cluding trunk line, at the annexation hearing. City Engineer Priebe There has been a change since that time, pri- marily due to inflation. Atty. Bill Haas The ground referred to as Larson's ground, are you saying the cost assessable to that has been subtracted from the overall cost and he will re- coup that later. The property owners pay 100% of cost? City Engineer Priebe Larson is paying for the trunk line. The lat- eral he will have to build for his own new system. Atty. Bill Haas Won't be a special assessment for him? Two pieces of property at top - first is an empty lot and second one is Kable Furniture store. Hook-up to lateral at their own expense? -5- Vf COUNCIL MINUTES JUNE 15, 1981 City Engineer Priebe Put in drainage lines and pick it up. John Mlinar Asked if the east edge of the dark line on the map was Kable Furniture. Established area that would drain back into system. Picking up some of cost at a later date or are they bearing the cost of it? Complete drainage area could be served by the system being put in now. Ques- tion as to which way the water drains. City Engineer Priebe Elevations were taken. Atty. Bill Haas What is the core relation between the county ditch and your assessment? Should they be assessed for a county ditch and the City lat- eral? Assessed for county ditch because drain into it? Asked how many people have objected in writing. Requested that the people be in- formed to appeal in writing before the meeting adjourned. (g) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 93 Mayor Westlund called the hearing on proposed Assessment Roll No. 93, Project 81-12, with the reading of Publication No. 2744. There was no one present wishing to be heard. (h) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 94 Mayor Westlund called the hearing on proposed Assessment Roll No. 94, Project 81-13, Publication No. 2745. City Engineer Priebe reported a portion of the system is inadequate for the area. Some of the property owners received second notices while others received only one. The reason for this is that the line goes through a half block so that the amounts were reduced on some properties. Russell Meade He read a letter from Bertha Wyttenhove of Meade's 66 Station 130 Washington Avenue regarding her assess- ments for Roll No. 94. She expressed opposi- tion to the storm sewer and said it wasn't needed. Felt the project was for the high rise so let them pay for it. Inquired about the difference in assessment charges for the home owners on the east and west side of Jefferson between First Avenue and Washington Avenue. Commented the figures had changed in the second COUNCIL MINUTES JUNE 15, 1981 notice received. Also, she mentioned that someone from City Hall had been to see her on this matter, but the person couldn't answer her questions. Mayor Westlund Stated he had talked to Bertha Wyttenhove him- self and had requested the Assistant City En- gineer to visit with her to explain the project. Russell Meade Commented that every time the City Engineer looked at a problem he came up with a large project at a high cost. These people don't have money to take care of these assessments. City is going too fast and must take into ac- count the economic situation. City Council should consider the costs and realize there are people who don't have the money right now to pay for them. How can we postpone this and wait for awhile? Florence Tews Stated she works for Hands at a minimum wage. 126 S. Hassan St. Couldn't understand why they should pay for a project that involves the new high rise. When the City does Hassan Street, she will have to pay assessments again. Commented she had lived in her house for 54 years. Something that had bothered her for years was that years ago her mother received a letter from the City stating they had to put in a side- walk. The Masonic Temple never did put in a curb. Just for spite, she parks on their lawn. (i) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 95 Mayor Westlund called the hearing on proposed Assessment Roll No. 95, Project 81-14, with the reading of Publication No. 2746. City Engineer Priebe reported the county plans to resurface the road. When the City did some emergency repair last year, it found problems with the lateral storm sewer. The present one will not last for 15 years. The project has been split into three different assessment rolls. Lucille Arlt Didn't believe they have any use of the storm 612 Second Ave. S.W. sewer. Stated water runs down to the river for natural drainage. People in the area tell her they don't use the storm sewer. Said she was confused because she had been told otherwise. -7- 0 COUNCIL MINUTES JUNE 15, 1981 Lenard Schuft 645 Third Ave. S.W. City Engineer Priebe Inquired where the storm sewer runs now. Want- ed to know what the real problem was. Responded that Assessment Roll No. 96 would answer his question. (j) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 96 Mayor Westlund called the hearing on proposed Assessment Roll No. 96, Project 81-14, with the reading of Publication No. 2747. City Engineer Priebe showed on the map the line in question by Mr. Schuft and stated last year a section of the line collapsed. The City investigated the line at that time. Lowell Gilhousen 621 Fourth Ave. S.W. According to what was said, the Fourth Avenue storm sewers will not work any more. City Engineer Priebe The City is proposing to go around the houses and reconnect at the corner of Dale and Sec- ond. When the line broke in 1980, the water backed up in the system. Lowell Gilhousen Asked if they had considered under the houses. City Engineer Priebe Stated they were replacing one portion. South of the area it is still adequate and holding up. The City will have to do further repair work in the future. Since it will go in the street, it is not feasible to do it at this time. Lowell Gilhousen Why should those south of Second Avenue be assessed for drainage north of Second Avenue? City Engineer Priebe The boundary line is north of Second. Only property involved at north of Second is being assessed. Lowell Gilhousen What about those south of Second paying for north of Second? City Engineer Priebe There are two projects. One takes care of north side of Second and part of area south of Second. The other project is totally south of Second. COUNCIL MINUTES JUNE 15, 1981 (k) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 97 Mayor Westlund called the hearing on proposed Assessment Roll No. 97, Project 81-14, with the reading of Publication No. 2748. City Engineer Priebe explained the reason the three projects were split. All in-place lines are in need of replacement and are going to collapse at about the same time. Bernard Stolpman All the water runs down hill, and there is at 320 Dale Street least a 30' drop. The assessment is for drain- age line on the east side of Dale Street. The jest of appearance to make statement that he cannot see the necessity of a lateral line on the east side of Dale Street when water drops with no problems. There is a catch basin that handles it. Wanted an answer as to why he needs a storm sewer. Asked the Council to examine what he was talk- ing about. Suggested the Council take a look at the area. No need for two trunk lines, one on east and one on west. Garfield Krasen Asked where the trunk line comes from that goes 205 Lake Street by his place. Stated he had 2" of water in his basement. He would like to get his corner fixed up also. There are 3-8" tiles going in- to one catch basin in front of his house. When the water overflows the curb, it goes into his driveway. City Engineer Priebe Stated the City was aware of the problem and had it in a long-range plan. Don Dobratz Thought there was a funny job of engineering 200 Lake Street on that corner. The second recepticle was put in on a low side. Water still comes down and little hits the storm sewer. City Engineer Priebe Commented to Mr. Dobratz that if he would give an easement to the City through his existing ravine, the City could then build an outlet line and relandscape his area as part of the reconstruction of the system on Lake Street, Lewis, Hayden and Osgood Avenues at a saving to those property owners. MOM COUNCIL MINUTES JUNE 15, 1981 Francis Kalvoda Stated he was representing his mother, Helen Willmar, MN Kalvoda of 630 Fourth Avenue S.W. for Assess- ment Rolls No. 96 & 97. Asked why it was neces- sary to fix something that isn't broken. There is no problem with the storm sewer, other than cleaning. Asked the City Attorney to comment on Chapter 206 regarding deferred assessment inasmuch as his mother could not afford to pay for the project. Also asked if the property value would be included in the $15,000.00 fig- ure quoted. Mayor Westlund Stated the figure does include the value of the property. (1) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 98 Mayor Westlund called the hearing on proposed Assessment Roll No. 98, Project 81-15, with the reading of Publication No. 2749. It was noted by the Mayor that a letter of appeal had been received from Leland Turner of 895 Dale Street and a petition from property owners in the area, with 16 signatures. Dee Wirak Stated she represented the Aveyron Home, and Aveyron Home they were opposed to the project. Cheryl Dooley Commented on the storm sewer project. Asked 750 Harmony Lane if the county would come out on Dale Street next year or if they were only going to Second Avenue next year. Inquired if that was the policy for all county roads and if it had al- ways been that way. Commented that when she first attended a meet- ing, the Council had considered possibly drop- ping the project. She requested that the Coun- cil do so. Wesley Wagner Asked what will happen on the south end of 774 Dale Street the project where there is a 6-8' ditch and the road is higher than the land. How will curb and gutter be put in there? City Engineer Priebe Answered the curb is 11' from the property line so will have to fill in and will have to use a portion of the area beyond the right of way. -10- COUNCIL MINUTES JUNE 15, 1981 Wesley Wagner Thought it would be wise to do both the same year. Expressed concern that the curb fall further into the field. Stated he was not against the improvements, and the City has to keep right on improving. However, it was his personal feeling that he just finished paying off a storm sewer assessment, and he felt he could not stand any more costs at the present time. His business has not been profitable the last few years due to a lack of snow. Com- mented that in the last two or three years there has been an increase in many areas, and he didn't feel he could take another load on at this time. First we must get out of the economic situation that exists. DeForest Wagner Asked about fill on the south side and who 1716 Colfax Ave. S. would pay for it. Minneapolis, MN City Engineer Priebe Reported the fill was part of the construction job. The cost would go to the property owner, and the City cost would be $5,275.00. DeForest Wagner Asked if this would be added on to $30 per foot; also, if the old blacktop would be removed and the street resurfaced. City Engineer Priebe Replied the old surface is good so it will be added onto. DeForest Wagner Stated he didn't feel the people could afford the project. Dale Annis Commented a petition was presented to the City 871 Dale Council prior to the hearing. Stated bids were taken on this project, but one Council member thought it was dropped from the list. There were no water problems, and they didn't need curb and gutter. Wesley Wagner Asked how many people signed the petition, and what were they opposing. Wanted to know how many people were involved in the project. City Engineer Priebe Answered there are 21 properties involved in the project. There were 16 signatures on the petition. -11- COUNCIL MINUTES JUNE 15, 1981 (m) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 99 Mayor Westlund called the hearing on proposed Assessment Roll No. 99, Project 81-17, with the reading of Publication No. 2750. Atty. Michael Gavin Stated he represented Henry Christon (Chris) Kadelback regarding Assessment Roll No. 99. His client has property in Hassan Valley Town- ship, and he received a notice of deferred as- sessment on Roll No. 99. Asked what type of curb is planned for the area - surmountable or non -surmountable. Asked if consideration had been given to less expensive type. Atty. Gavin pointed out Mr. Kadelback's prop- erty is outside the City limits so the City cannot levy an assessment against it. The Coun- cil has no power to levy assessment on his property, and it must await annexation and be in City limits. Stated there would be an ap- peal to the district court if the City pursues this action. Suggested consulting with legal counsel. Requested the City to issue a letter to Mr. Kadelback stating there would be no as- sessments at this time. Mayor Westlund Stated action by the Council would be taken ac- cordingly to the action they see necessary. (n) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 100 Mayor Westlund called the hearing on proposed Assessment Roll No. 100, Project 81-19, with the reading of Publication No. 2751. City Engineer Priebe stated this project tied in with Project 81-26. Wade Bryan Asked about curb and gutter and if it would be 450 Shady Ridge Road wide enough for his garage or would he have to widen it himself. It is higher, so will it be lowered? What is going to cost him $530.40? City Engineer Priebe Commented on square footage of panel. If a double wide driveway, a 20' x 10' panel would be put in the driveway area. Wade Bryan Asked if his neighbor would get bituminous surfacing. -12- COUNCIL MINUTES JUNE 15, 1981 (o) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 101 Mayor Westlund called the hearing on proposed Assessment Roll No. 101, Project 81-26, with the reading of Publication No. 2752. There was no one present to be heard. (p) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 102 Mayor Westlund called the hearing on proposed Assessment Roll No. 102, Project, 81-27, with the reading of Publication No. 2753. There was no one present to be heard. (q) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 103 Mayor Westlund called the hearing on proposed Assessment Roll No. 103, Project 81-28, with the reading of Publication No. 2754. There was no one present wishing to be heard. (r) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 104 Mayor Westlund called the hearing on proposed Assessment Roll No. 104, Project 81-20, with the reading of Publication No. 2755. There was no one present who wanted to be heard. (s) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 105 Mayor Westlund called the hearing on proposed Assessment Roll No. 105, Project 81-21, with the reading of Publication No. 2756. City Engineer Priebe reported the proposal was for Miller to Main Street, but one block has to be completed before the work can be done; therefore, the project was shortened up. Tom Harsdorff Asked how this falls under guidelines for 540 Miller Avenue resurfacing at this time. City Engineer Priebe Stated he had looked at completing the major part of the street, and Miller was one of the few east -west streets that wasn't completed. Tom Harsdorff Commented he was speaking for the neighbors. The street has no potholes or cracks. Where should the money be spent at this time? Said he was willing to help pay for the area to the east that was very broken up and needed to be repaired before theirs was done. -13- COUNCIL MINUTES JUNE 15, 1981 City Engineer Priebe Stated the area to the east was being consid- ered for next year. No hearing was held for that area. Design work was needed. Tom Harsdorff Felt the project was not necessary in their area at this time. Donna Boettcher Stated she had a corner lot on Lynn and Miller. 628 Lynn Road When Lynn was improved, she paid for 100.1' of improvement. Lot 20 is 3.9' running along the north side of Miller. She felt she should be given credit for the 100.1' already paid, and her assessment be reconsidered. Mayor Westlund Informed her the Council had discussed this matter earlier in the evening. If the project goes through, she would be given credit for what she had paid in the past. (t) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 106 Mayor Westlund called the hearing on proposed Assessment Roll No. 106, Project 81-22, with the reading of Publication No. 2757. There was no one present wishing to be heard. (u) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 107 Mayor Westlund called the hearing on proposed Assessment Roll No. 107, Project 81-23, with the reading of Publication No. 2758. City Engineer Priebe explained this project covers the other east -west street that does not have street surfacing. There was no one present to be heard. (v) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 108 This project was cancelled from the 1981 improvements. (w) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 109 Mayor Westlund called the hearing on proposed Assessment Roll No. 109, Project 81-33, with the reading of Publication No. 2760. There was no one present to be heard. -14- �f COUNCIL MINUTES JUNE 15, 1981 (x) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 110 Mayor Westlund called the hearing on proposed Assessment Roll No. 110, Project 81-32, with the reading of Publication No. 2761. City Engineer Priebe reported this project location is by the Citizens Bank be- tween Main Street and Franklin. There was no one present wishing to be heard. George Quast In summary, he asked the Council to take a 406 Main S. look at what they are dealing with and to re- view it. Several people had mentioned the economy. The Council should take a second look and see if they can't help some of these people out. Some consideration should be for those who own their own home,and the added assess- ment might be a problem. There were enough people here tonight who were concerned. DeForest Wagner Regarding the appeal on Dale Street (21 par- cels of land), he stated everyone except the Aveyrone Home had signed the petition. Some property owners own more than one parcel of land. Asked what they should do now that they have a petition. Stated no one wanted the project, and it was still bid. Dee Wirak Stated they were also opposed to the project Aveyron Home so she would sign the petition and make it unanimous. It was moved by Alderman Peterson to close the hearing. Upon a second motion by Alderman Beatty, it carried unanimously. City Engineer Priebe reported bids would be awarded before July 16, 1981 because of the time schedule involved. He would, therefore, like to have a decision made on the projects at the next Council meeting, if not before. Alderman Referson sought legal counsel from the City Attorney regarding the Clif- ton Heights county ditch. City Attorney Schantizen responded that the storm sewer would replace the county ditch. The City cannot break into it or disrupt it. Discussion was given to several possible projects to be dropped from the 1981 -15- COUNCIL MINUTES JUNE 15, 1981 Improvement Projects. It was the consensus of the Council members that Assess- ment Rolls No. 94 and No. 98 should be deleted from the improvements for 1981. When consideration was given to deleting Assessment Roll No. 92, several property owners spoke up in favor of the project. Mr. Roman Haas of 113 Mark Drive (Clif- ton Heights) commented that the large problem was surface water. He made refer- ence to a cave-in by Velvet Coach and stated this problem did not exist before. At previous hearings mention was made that this problem would be solved when Clif- ton Heights was annexed into the City. John Mlinar of 704 Hilltop Drive stated some of the questions posed tonight were not opposing the project. He stated the proposed lines and sewers are needed to deal with the existing problem. The drainage to the east will be solved and taken care of by Richard Larson. Drainage will be taxed to the surrounding area, and the county tile in the back yards helps the problem. Mrs. David Bruzek of 111 Mark Drive asked the Council to do the storm sewer pro- ject and drop something else, if necessary. Lengthy discussion was given to Assessment Roll No. 99 regarding the legality of a deferred assessment against Mr. Henry Christon (Chris) Kadelback. It was de- termined that a contingency on the Assessment Roll No. 99 would be for the defer- red assessment to be paid by the City until such time as the property comes into the City limits. It was moved by Alderman Lueneburg to approve the 1981 Improvement Projects, with the exception of Assessment Roll No. 94 (Project No. 81-13) and Assessment Roll No. 98 (Project 81-15) to be deleted. Seconded by Alderman Beatty, the motion carried unanimously. 3. NEW BUSINESS (a) CONSIDERATION OF SELLING FRANK MOTT'S HOUSE AT 246 ADAMS SOUTH BY AUCTION City Administrator Plotz reported the City will take occupancy of the Frank Mott property on July 1, 1981. On June 27, 1981 Mr. Mott will hold an auc- tion of household goods, and the auctioneer had approached him about the City auctioning the house and garage at that time. The base fee would be $100.00 to cover advertising costs and 10% commission for the sale of prop- erty, if sold. There would be a 30 day removal agreement to have the house and garage off the property, with the City responsible for cleaning out the foundation. It was further pointed out that the tree(s) could be auc- tioned off,for wood, if other than elm. Following discussion, Alderman Gruenhagen made the motion to authorize put- ting the house, garage and tree(s) up for auction, with a $100.00 fee for advertising and 10% commission, and removal of house and garage within 30 days. Seconded by Alderman Beatty, the motion unanimously carried. M'fl 5 COUNCIL MINUTES JUNE 15, 1981 (b) CONSIDERATION OF AUTHORIZING TOM SAVAGE FOR PROPERTY ACQUISITION Mayor Westlund commented on the properties the City will be purchasing for various purposes, ie. activity center and parking lots, etc. He and Gary Plotz had met with Realtor Tom Savage to discuss his working with the City for acquisition of property. A suggested wage for this work was 2% of the amount of the acquisition price or $50.00 per hour. After discussion, it was moved by Alderman Gruenhagen to authorize Realtor Tom Savage to be the negotiator for the City at a rate of 2% of the pur- chase price of property purchased and be paid a maximum of $250.00 for 5 hours ($50/hour) for any property option not purchased. There was no sec- ond, and the matter was deferred. (c) CONSIDERATION OF WITHDRAWAL FROM PERA BY GARY PLOTZ City Administrator Plotz reported that the League of Cities at the recent annual conference had presented information relating to exemption from PERA by City officials. He stated that one of the problems with his position was that when an administrator changed jobs, he lost the City's contribution paid into his retirement fund through PERA. If he were to withdraw from PERA, he requested the City to compromise by paying one-half of 5-1/2% for the last 4-1/2 years of service to the City, which would amount to $2,454.00 (1/2 of the contribution paid by the City). This money would be transferred to an ICMA fund. Following discussion, this item was deferred for further discussion on June 18, 1981. 4. ADJOURNMENT Upon motion and second, the meeting adjourned at 11:17 P.M. -17-