HomeMy WebLinkAbout06-11-92 Special CCMi
LAKE ELMO SPECIAL COUNCIL MEETING
June 11, 1992
Mayor Johnson explained this meeting of the city council was
originally scheduled June 9, 1992 and adjourned to 5:00 p.m.
on June llth which meeting will come to order. PRESENT:
Mayor Johnson, Hunt, Mottaz, Attorney Filla, City Engineer
Prew and Administrator Kueffner. ABSENT: Williams, Dick
Johnson.
Mayor Johnson: The purpose of this meeting is to discuss
the status of our community drainfield project and also the
surface water drainage associated with the MSA project for
roads in the Old Village.
Given communication we have now that seems to be
consistent, Mr. Schiltgen will not be a willing seller of
his property. This has to be discussed in order to get the
staff busy so that on June 16th we can have the information
required to make the decision either go or not go with the
project.
City Engineer Tom Prew: He has looked at the VFW ballfield
as a possible site. The VFW site, which is 3 acres and part
of that is gravel parking lot, is inadequate in size.
The Gorman site is approximately 2 acres and is too small to
meet the study area's long term needs.
City Administrator: When she talked to Pete Schiltgen they
did not talk parcel specific, but she got the impression he
wasn't willing to give up any land without a fight
acknowledging the fact that he knew that we had the power of
eminent domain.
Tom Prew reported the rule has been dropped so if we have
too much money in our MSA construction account, we would not
be penalized. The City ordered the project on September 17
and has one year from that date to award the contract. We
could hold another public hearing and not loose any MSA
funds.
Attorney Filla: Condemnation Costs, excluding the land
prices would be:
Appoint three commissioners. They usually charge $150
per day. They will need to be sworn in, elect a
Chairman, look at the site, have a hearing, have
the city present appraisal testimony, listen to the
property owner, and meet to make a decision.
6 meetings x 3 commissioners
Pay $500 to reimburse the propertyowner for their
appraiser.
LAKE ELMO SPECIAL COUNCIL MEETING JUNE 11, 1992 2
Incur legal fees for the session at which the
appraisal testimony is presented. (once or twice)
Incur engineering expenses for the session at which
the city presents its appraisal data. Attempt to do
that in one session.
$5,500 plus land acquisition costs, plus cost of
our appraiser.
Looking at the project, 5 acres for drainfield, and 3 acres
for pending, Filla stated the city would show the judge that
we are acquiring the property (8 acres) for a public
purpose. We should have resolutions ordering these
improvements, authorizing condemnation and determining that
this property is necessary for a public purpose and that we
can't negotiate the acquisition.
If this project costs $100,000 and only increases
property values by $50, $50 is what you can recover. You
have to get as close as you can estimating the numbers. You
won't know what the acquisition price on the land until you
have completed condemnation proceedings. There is only so
much you can assess no matter what the project costs. You
can assess cost of the improvement to the extent of benefit.
In 1991, Mr. Schiltgen's attorney indicated that one of
the reasons they were not interested in doing business with
the City at that time, they did not want to be left with a
triangular piece of land separated from the rest of the
farmland by a drainage ditch. If they can't farm it, we are
going to buy it because we are basically taking the land.
Councilman Mottaz requested that the City Engineer, in
writing, explain that he has considered other possible
drainfield sites and for specific reasons addressed the
suitability of these sites for a community drainfield. Also,
requested results of the boring and perc tests for the next
council meeting.
Tom Prew: we were not planning on assessing for drainage at
all. We were looking at a taxing district or storm water
utility funds. The drainfield would be a connection charge
and would not be an assessment.
Mayor Johnson: Before we get involved with condemnation,
should we not sit down with Mr.Schiltgen and get his
absolute assurance he is not going to buy into this. He
would like confirmation from Mr. Schiltgen or his attorney
for the next meeting.
LAKE ELMO SPECIAL COUNCIL MEETING JUNE 11, 1992 3
Councilman Mottaz asked if the City Attorney could prepare a
list of things involved in all three projects that the city
should do.
M/S/P Hunt/Mayor Johnson - to direct the city engineer to
contact Mr. Schiltgen or his attorney and make sure that he
will not sell under any circumstances. If this is true, the
city attorney will prepare information concerning the levels
of procedure for condemnation and send this to the city.
(Motion carried 3-0).
M/S/P Mottaz/Hunt - to adjourn the meeting. (Motion carried
3-0).
THE LAKE ELMO CITY COUNCIL
WILL HOLD A SPECIAL MEETING ON
THURSDAY, JUNE 11 1992
5:00 P.M.
City Hall
5:00 p.m. MEETING CONVENES
1. AGENDA
2. Discussion on Purchase of
property for community
drainfield.
3. Other
4. Adjourn