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1999-10-20 JPWB Minutes JOINT POWERS WATER BOARD PUBLIC HEARING: EDA CONTRACT CHARGES OCTOBER 20, 1999 ST. MICHAEL CITY HALUPUBLIC WORKS FACILITY 7:00 PM BOARD MEMBERS PRESENT Wayne Kessler, Barbara Irvme, John Olson, Ken Duerr, TIm ZImmerman (In 7 06 PM) BOARD MEMBERS ABSENT Bob Gundersen CALL TO ORDER 7 05 PM CHAIR KESSLER GAVE A BRIEF INTRODUCTION, WITHA HANDOUT TO THE AUDIENCE (attached) GIVING AN OVERVIEW OF TIIE PURPOSE OF TIIE MEETING CHAIR KESSLER TIffiN OPENED UP TIIE MEETING FOR PUBLIC COMMENT 1 DUANE HENS 114-500-132100 Stated he had the property for daycare He had purchased the property from Lester Weber, and that Mr Weber stated that he had paId the charges "tn-full" to Don Klaers many years ago at CIty Hall Mr Hens stated that It was already hooked up to CIty water when he purchased the property Stated that he did not have documentatIon Chair Kessler stated that he was correct, and that the charge was tn error, Charr Kessler stated that he IS aware that the water was already hooked up to a CIty hne Mr Hens then spoke on behalf of GREG SONSTEGARD (2 parcels) He mdIcated that Mr Sonstegard's property was gomg to be taken by the State for a HIghway Project and he feels It IS premature to make any assessment at thts tIme He would hke the Issue to be deferred until 2002 when the Highway Dept will hkely take 300/cl-60% ofhts property 2 RAYMOND HAMBLIN 207-200-133300 Stated that the water lIne had been put m by the Jomt Powers Board and he had a receIpt that showed "paId tn-full" 3 TOM BECKER 101-500-121201 IndIcated that he has a document, whtch mdIcated that he has "patd tn-full" He was charged m 1998 and had the frontage corrected It was PAID, as venfied by Project Manger 4 JASON LENZ 101-028-001070 IndIcated when he purchased the property, he was told It was "fully patd" and doesn't know why he should have to pay QuestIoned why thts wasn't done before when the property developed Stated concerns WIth the late date of thts actIon and the fact that he was not able to work any charges mto the sale pnce of the house 5 TC MONORAIL (ATTORNEY REPRESENTING TCM->PATRICK MURRAY) 114-800-073301 ClaIms that they dId not have any notIce In the past of the outstandIng charges when they checked WIth the CIty, and It would have affected the value of the property at the sale Would prefer to see OptIon 1 6 ROLAND EULL 114-500-144407 3187 LABEAUX AVE, ST MICHAEL Stated that he had a contract saYIng It was "paId In-full" 7 WAYNE RAINS 101-500-111100 4953 LABEAux, ST MICHAEL Purchased the property In 1987 and questIons the frontage for whIch he IS beIng assessed He IndIcates It IS not correct He feels that the people that sold lum the property should have taken care of tlus, and that tlus notIce was the first he has heard of It Stated that he was told, when he purchased the property, that the water was paId for and he could no longer use the well, so Mr RaInS had the well closed 8 ALVIN / BARB ZACHMAN 207-100-073305 Barb stated that theIr well went dry years back and could not run water due to the deep raVIne that run along theIr property MEINY DALEIDEN stated same on behalfofMr Zachman In 1993, a new well was Installed They also state that they were never Informed of the $6/foot or $111foot charges They stated they dId pay the $100 hook on fee 9 MEINRAD DALEIDEN 207-100-073302 He IndIcated that he has already paId the "full amount" for the full 375 feet He recalls paYIng the first 200 feet to Jomt Powers The lme came only partIally m front oflus property Then the Townslup (Frankfort) charged lum again for water and sewer when they completed the extenSIon (crossed In front oflus property) He stated that he was charged $6900 by the Townslup for that project 10 ROBERT JINDRA 114-500-242203 2970 LABEAux, ST MICHAEL Stated that hIs notIce shows the frontage as 258 8 ft , but It should be 250 feet Stated that he had the ongmal contract that stated that It was a 200 ft maxImum charge Mr Jmdra also spoke for the HANOVER METHODIST CHURCH 207-200-242203 IndIcated that they have "paId m-full" for 168 feet, and have a receIpt from the Board stating such 11 GARY/GAll.. WELLS 108-012-001030 GaIl mdIcated that they purchased the property m 1992 from Irene Eull, who IS now deceased They feel that If It was never recorded, It IS unfaIr to assess the property now She also asked how they could prove that It has not been paId 12 PATrY MOSES FOR HALLER FAMILY LIMITED PARTNERSHIP 114-500- 124300 AND 124400 (2 PARCELS UNDER THIS NUMBER) Stated that they are not aware of preVIOUS notIces, and were never Informed of the change from $6 to $11 per foot m 1981 They also question why they have two different charges listed WIth the same PID How do they know they were not paId by the angInal owner? Stated 10/20/99 Pubhc Heanng EDA 2 - that therr parents had told them that these thtngs were paId Stated that they are stIlI m Green Acres status 13 KENNETH BROWN 108-017-000010 Stated that when he purchased the land m 1993, the tItle search came back "clear" He stated he had to pay $900 to stub the water mto the property after he purchased It He stated that he was not Informed by Jomt Powers of the charges at that tIme Irvtne stated that the tItle search would be "clear" because It was not recorded at the County courthouse The tItle company would have to call Jomt Powers Mr Brown stated prevIous owner was Bruce Dey 14 DANIEL ANNONEN 114-141-001010 12349 50TH STREET, ST MICHAEL Stated he budt hIs house m 1992 and that tItle search was "clear" He stated that he cannot be hooked up to the water lIne, that he IS greater than 200 feet from the lme, and feels that he should not have to pay any charges He also questIoned the change from $6 to $11 per foot and the fact that the contract SaId "maxtmum of 200 feet" If charges are mdeed due, Mr Annonen feels that the ongmal owner should pay 15 MICHELLE RICCI (RIVER ROAD TAVERN) 108-010-001050 She IndIcated that there was no notIce before She purchased the property 10 years ago She stated she may have already paId the money Stated there IS no eVIdence that It has not been paId, and that It has changed owners 3 tImes She feels that the agreement was between JOInt Powers and ongInal owners, not her 16 J. SCHENDEL 108-500-363105 443 RIVER RD NE, HANOVER Stated that the ongInal owner was Robert HemphIl, who had a 3 year deferment Stated that DUNNICK BROTHERS owns the maJonty of the property Mr Schendel submItted papers to the office shoWIng the property dImensIons now, and the correct ownershIp He stated that a correctIon was needed on the frontage under hIs name Stated that he bought the house m 1978, and the title search done at that tIme IndIcated no charges were pendIng 17 ROBERT PINK 108-010-003144 He mdlcated that thIs is a "lot spltt" problem OngmaIIy It was one larger lot that was later spltt Mr Magnesun owned the ongInal parcel and paId 200 feet before the spltt When the lot spltt, the 200 feet should have been credIted to RhIno Auto (ongmal homesIte), but was credtted to Capnce Woodcraft Instead He mdlcated that hIs property IS 175 frontage feet, also Mr Magnesun was also present and mdlcated he was concerned about what would happen If It came back to hIm Mr PInk stated that the contract was WIth the owner He also stated that hIs tItle search also was "clear", and was unsure of how the tItle company mIght handle thIs sItuatIon 18 NELSON BEALL TRUSTEE FOR GOOD NEW ALLIANCE CHURCH 207- 200-124401 IndIcated that they purchased the Church from MethodIst Church of 10/20/99 Pubhc Heanng EDA 3 MmneapolIs Tlunks that 200 feet was ongmally paId Stated that they are a long way from the water lIne 19 JAMES PETERSON 101-500-363301 FIrst stated that SHIRLEY PETERSON owns no such Pill # However, If It IS the parcel he tlunks It may be he feels that It was paid There has been a change m ownerslup and that they should go after the ongmal owner They own a tnangular pIece of property Some frontage was taken by Wnght County Questions what "change m ownerslup" means, as well as whether the charges go WIth the land Concerned about the "10-day" notIce Issue Does not object to makmg the charges a "hook-up" or access charge 20 JOSEPH MARX 207-200-252400 AND 261400 FOR REINHARDT AND 261402 FOR JOSEPH QuestIoned whether the frontage IS correct (as It IS a comer parcel) Joseph mdlcated that they had paid 200 feet He dId not know how they arnved at the 100 feet He feels they cannot subdiVIde theIr property, therefore, should not be charged any additIOnal momes He stated that the 300 feet should be 297 feet Now he owns more than that 21 DEBBIE DICKEY 114-500-243300 Indicated that they purchased a smaller piece of property from AlIce Glover m 1991 Stated they should not be charged, as there has already been a payment made of 200 feet by AlIce DebbIe also stated that the City of St MichaelIs chargmg them for water for Lander Avenue She feels tlus IS "double-chargmg" 22 RICHARD MILLER 101-500-014315 Purchased the property from DonlPearl Cornehus He claims that he paid the Jomt Powers Board for the assessment when he purchased the land (part of the agreement WIth the CornelIus') Cornehus' had received a deferment from the Board untIl the property subdiVIded He does not have documentation any longer, as the bank throws away documents after 7 years Stated he had a "clear" title search 23 MARLENE LINDENFELSER 207-100-064200 Stated that they were never gIVen the opportunIty to pay the $6/foot rate (not notrlied of the change) Had they been gIven the optIon, they would have paid the lower rate at that tIme They feel It'S unfaIr Stated the water hne IS Y. nule from theIr house, therefore they do not receive benefit Request a closure m wntmg regardmg the specific dollar amount of any charges and whether the cost WIll ever go up They specIfically do not want to defer and end up paYIng lugher rate m the future 24 JOSEPH HALLER 114-500-124407 Stated that he feels there should be no assessment on tlus property for more than 200 feet The property was splIt some tIme ago Stated there may be some confuSion concermng wluch property got the appropnate credit Stated that 200 feet was paid by Ed Haller Ed sold 72 feet of 272 feet to Joseph 10120/99 Pubhc Heanng EDA 4 25 TODD URBANSKI 108-500-363102284 RIVER RD, HANOVER Stated he bought Ins house In 1991 Stated that he went to Jomt Powers at that time and picked up water meter, that there was no mention of these charges He acknowledged that he lIkely has no proof that It was ever p8.1d He stated he should have been told at the time he picked up the water meter as to whether or not he was gOing to be paYIng any additional charge Stated Ins concern that the lIfe expectancy of water lInes IS 20-50 years, and It has already been over 20 The Haller Fanuly Partnerslnp (patty Moses) respectfully requested the Board explore all of theIr options THERE WAS A MOTION BY IRVINE TO CLOSE THE PUBLIC COMMENT PORTION OF THE HEARING MOTION WAS SECONDED BY OLSON MOTION CARRIED UNANIMOUSLY General discussIOn amongst the Board followed The Board consensus was to W8.1t for an opInion from the attorney regardIng the actual contract documents that were executed between the Jomt Powers Board and the parties back In 1978 MOTION TO ADJOURN WAS MADE BY OLSON MOTION WAS SECONDED BY DUERR MOTION CARRIED UNANIMOUSLY (9 06 PM) / /' ~ Kelly Brownmg, RecordIng Secretai-y ; 1 - ~--- - -/"-;' 10120/99 Publ1c Heanng EDA 5