Small Town News

Council sets assessment for Minnesota Reload for second time

---

The Winthrop City Council set the assessment for Minnesota Reload at $19,000 for improvements stemming from the industrial park at its regular meeting on Monday evening.

Pat Bartels, owner of Minnesota Reload, filed an objection by letter to the City Council before the meeting. By filing the objection, Bartels now has 30 days during which time he can object in court.

A motion made by Alderman Ed Pelletier for the assessment to be set at $30,200 died for a lack of a second.

After much discussion, Alderman Rob Edwards made the motion to set the assessment at $19,000 which was seconded by Alderman Lyle Muth. The motion passed 3-1 with Pelletier voting against.

Assessments were set at the April meeting but were vetoed by Mayor Dave Trebelhorn. The assessments at that time were set at $19,000 as well. At that time, the Council also agreed to vacate a portion of the industrial park plat regarding a 533 foot by 60 foot portion of Bartels' property and also interpret an easement on the property as a utility easement only and not a road easement. Trebelhorn did not find the final two issues palatable and vetoed the motion shortly after the meeting.

City Attorney Don Lannoye stated that the Council must set assessments based on the increase to the value of the property associated with the improvements.

He gave the Council three exhibits for the record. The first was the appraisal of the property, done by an outside source, which stated the road project benefitted Minnesota Reload $12,200.

The second exhibit of how an $18,000 assessment was calculated for the value of the electrical improvements on the property. The appraisal did not contain an amount because the appraiser could find no comparable properties for the improvement. The cost of the electrical project was $150,000.

The third exhibit was an e-mail from Bartels' attorney from the last hearing.

The letter of objections from Messerli & Kramer, lawyers for Minnesota Reload, stated that the city failed to comply with the procedures set forth in Minnesota Statute including: the city failed to provide proper notice to Bartels; the city failed to obtain a report on the necessity, cost effectiveness and feasibility of the improvement prior to the approval of the improvement; and the city failed to comply with the bidding procedures for the Winthrop Industrial Park set forth in the Statute.

The letter states in addition that "the amount to be assessed against the property provides no special benefit or exceeds the special benefit conferred upon the property by the improvement." Also the City represented that the property would not be assessed for the improvement. Then it informed Bartels that the property would not be assessed if Bartels conveyed a 30x60 parcel of property to the City for the development of Industrial Drive. "Bartels was coerced and misled into conveying that small parcel, plus an additional 503', to the City without compensation and now stands to be assessed on the same property."

The letter also stated that the 4-1 Council vote on April 5 settled the matter.

A question from the audience .was raised to whether Bartels was being assessed for the property to the north that is owned by the Winthrop Economic Development Authority and also about the easement that is in place.

Trebelhorn said that the only property that Bartels is being assessed is on the Minnesota Reload property.

As far as the easement, "That easement has always been there and we need to keep it there," said Trebelhorn.

Bartels said he did not disagree that there was an easement but still contends that it is a utility easement and not a road easement.

Alderman Pete Machaiek asked how these other issues were going to be settled.

"They are legal and in place and always have been in place," said City Administrator Mark Erickson.

The Council was advised that the assessment was the only thing it could act upon and the other matters would have to be resolved at a separate time.



Copyright 2010 Winthrop News, Winthrop, Minnesota. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2011 Winthrop News Winthrop, Minnesota. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

More from Winthrop News