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HomeMy WebLinkAbout09-01-1970 SMMinutes of Maplewood Village Council 7:00 P.M., Tuesday, September 1, 1970 Council Chambers, Municipal Building Meeting No. 70 -22 A. CALL TO ORDER A special meeting of the Maplewood Village Council the Municipal Building, Council Chambers, and was at 7:06 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C. ASSESSMENT HEARINGS was held in called to order 1. White Bear Avenue - Street and StOTTII Sewer (69 -5) a. Mayor Axdahl convened the meeting for a public hearing for the adoption of the assessment roll for construction of White Bear Avenue Street and Storm Sewer (69 -5). Acting Director of Public Works, Cal Jansen, read the notice of hearing along with the publication dates. b. Mayor Axdahl stated that September 14 and September 18, 1970 would be the dates set for hearing requests for assess- ment adjustments and deferments. c. Mayor Axdahl explained the manner in which the hearing would be conducted and turned the meeting over to Engineering Technician Ge-.ry Wheaton to explain the specifics of the im- provement to be assessed. Mr. Wheaton explained the total cost of the improvement and the manner of computing the assessments. d. Following the answering of questions, Mayor Axdahl called for objections. The following objections were heard: Ray Miller, 2778 White Bear Avenue Mr. H. Bruentrup, 2980 White Bear Avenue Mr. C. Kiesling, 2866 White Bear Avenue Alice Olson, 2710 White Bear Avenue Mr. Del Olson,representing the Maplewood Covenant Church -1- 9 -1 Councilman Greavu introduced the followin resolution and moved its' adoption: (Subject to corrections) 70 -9 -130 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon all objections to the proposed assessment for the construction of Street and Storm Sewer as described in the files of the Village Clerk as White Bear Avenue Improvement No. 69 -5 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein includied is hereby found to be benfited by the proposed improvement in the amount of the assessment levied against it. i 2. Such assessment shall be payable in equal annual install- ments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1971. To each subsequent installment when due shall be added interest for one year on all umpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are herein assessed therefore, it is hereby declared to be the in- tention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the -2- 9 -1 I_ property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Wiegert. Ayes - all. 2. Lydia Avenue and McKnight Road - Storm Sewer (69 - 4) a. Mayor Axdahl convened the meeting for a public hearing for the adoption of the assessment roll for the construction of the Lydia Avenue and McKnight Road Storm Sewer (Improve - ment No. 69 -5). Acting Director of Public Works Jansen read the notice of hearing along with the publication dates. b. Manager Miller explained the background of this project and read a letter dated May 9, 1969 sent to Mr. Tilsen out - lining.the conditions for the Tilsen Maplewood Heights' No. 5. plat. The letter stated that additional assessment for storm sewer would be billed to individual properties. This is the only information that we have regarding this item. c. Mr. Ken Tilsen, Robert Tilsen's brother, stated his views on the Storm Sewer assessment. The following list of resi- dents were heard also: Mr. Nordquist Don Moen of Beam Avenue, west of Furness Garrett E. Mulrooney, Attorney, representing the fallowing twelve people: Lee Meemka, 2171 Beam Avenue Charles Logdahl, 2177 Beam Ave-aue Vernon Johnson, 2163 Beam Avenue Clarence Moen, 2191 Beam Avenue Larry Batman, 2211 Beam Avenue Bernard Steffen, 2245 Beam Avenue John DeWitt, 2253 Beam Avenue Barney Dolby, 1197 Beam Avenue Russell Rehnke, 2183 Beam Avenue Orron Thomas, 2149 Beam Avenue Eugene Kern, 2205 Beam Avenue Angelo Frattalone, 2225 Beam Avenue John Severson, 2300 Gall Avenue Angelo Vruno of 2370 Gall Avenue Mrs. Kramer Mike Mortimer of 2097 Beam Avenue Greg Henderson of Beam Avenue John Speak of 2901 Furness Ted Swanson 2204 Maple Lane Ralton Tracy of 2123 Beam Avenue Clayton Qualley of 2089 Beam Avenue -3- 9 -1 3. Dennis Posthma of 2183 Beam Avenue Mr. Houghleston The residents of the Tilsen No. 5 Addition were informed that all the assessments were paid before they purchased their homes and now they have received notice of storm sewer assessment. The residents also questioned the elevations of the plats: and wherelthe water would run to. Mayor Axdahl requested the Staff to review the actual el- evations of Tilsen's Additions 1 and 2 to determine if in fact they do go to the south and are not a part of this area. Due to the fact there appears to be several discrepancies and problems in this assessment roll and many questions that should be answered before the roll can be adopted, Councilwoman Olson moved to delay a decision on this matter until the meeting of September 18, 1970. Seconded by Councilman Wiegert." Ayes - all Manager Miller recommended that the residents still file for an adjustment or deferment of this assessment and these requests will be decided on at the September 18th meeting. Lydia Avenue - Water Improvement 69 -7 a. Manager Miller explained that there had been an error in the map and recommended a resolution be adopted which would delete the assessment area of the land between White Bear Avenue and the western edge of Tilsen's Maplewood Heights Addition No. 5. Councilman Greavu introduced the following resolution and moved it's adoption: 70 - 9 - 131A WHEREAS the map prepared for the assessment hearing on Project No. 69 - 7 Lydia Avenue "Water Improvement" is in error in that it shows water main constructed in Lydia Ave- nue from the center line of its intersection of Howard Street to the center line of its intersection with White Bear Avenue and in fact the water main actually constructed was from the intersection of Howard Street to a point 969 feet west thereof. THEREFORE be it resolved that all that portion of the im- provement as shown on the map lying Westerly of the point 969 feet west of the intersection of the center line of Howard Street be deleted from the assessment roll. Seconded by Councilman Haugan. Ayes - all '4- 9 -1 b. Mayor Axdahl convened the meeting for a public hearing to adopt the assessment roll for the construction of the Lydia Avenue Water Improvement no 69 - 7. Acting Director of Public Works Jansen read the notice of public hearing along with the publication dates. The specifics of the improvement were explained and also the manner of assessing the properties. c. Mayor Axdahl called for objections. No one wished to be heard. d. Councilman Greavu moved to adopt the assessment roll for Project No. 69 - 7 subject to .corrections and introduced the following resolution and moved its' adoption: 70- 9 -131B WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon all objections to the proposed assessment for the construction of water imporvement as described in the files of the Village Clerk as Lydia Avenue - Improvement No. 69 -7 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benfited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this re- solution.until December 31, 1971. To each subsequent install- ment when due shall be added interest for one year on all un- paid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but notmade, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties made such assessment feasible. - 5 - 9 -1 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Wiegert. Ayes - all 4. Flandrau Street - Water Improvement (69 -3) a. Mayor Axdahl convened the meeting for a public hearing for the adoption of the assessment roll for the Flandrau Street Water Improvement (69 -3). Acting Director of Public Works Jansen read the notice of hearing along with the public- ation dates. b. The specifics of the improvement were explained along with the manner of computing the assessments. C. The residents of the area questioned the policy of assess- ing corner lots and odd shape lots, for the 1970 assessments. Councilwoman Olson stated that after the meeting last night Council was told that December 1, 1966 this assessment policy was adopted, she has questions about this policy. Was this policy used in 1967 and 1968? If it was the intent of the Council that adopted this policy in 1966 to use this formula as it is being used this year, she would like to know if it was used in 1967, 1968 and 1969, she thought it should be referred to Staff and ask if this is the way it was used. Manager Miller stated the policy was used in 1969 but prior to that he was of the opinion the policy was not used. Councilwoman Olson moved that the assessment rolls of 1967 and 1968 be investigated. There was no second. Following further discussion, Councilwoman Olson moved to - 6 - 9 -1 Mr. Thompson, 1939 Flandrau. Councilman Wiegert moved,to adopt the assessment roll for Flandrau Street Water Improvement 69 -3, subject to corrections and Jntroduced the following resolution and moved its' adoption: a: 70 - 9 - 132"" i.' + i WHEREAS, pursuant to proper notice duly given as required by law, '-the Village Council has': met and heard and passed, upon all objections to the proposed assessment for the construction $' of water improvement as described in the files of the Village Clerk as Flandrau Street. - Improvement 69 -3 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLE- WOOD, MINNESOTA: .1,' Such proposed :assessment,Oas "amended., a copy of which is attached hereto and made a' part :-hereof, is hereby accepted x _� .and shali .':constitute the: sp,ecial assessment against the lands named, and each 'tract �`'of:' and herein included is here- 'by `found ,�to "be 'benfited' by the proposed, improvement, in the 'amount .of the -,assessment. levied against ' it. 2. Such assessmentshall be payable in equal annual install - ments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. ''To the; "fib "s installment shall be. added interest on the entire "assessment,'from: the, date of this resolution until Decmeber 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid install- ments. `3, Tt is hereby declared to " "be:th'e intention of the Council to reimburse itself in the future for the portion'of the cost of" this improvement paid for from mun# ipal"funds by levying addition- al assessments, on notice and hearing as provided for the assess- - 7 - 9 -1 - - - ments= herein made , upon any.properties abutting on the im- provement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assess- ment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the`Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Greavu. ` Ayes - all 5. County Road B - German Street (69 -9) a. Mayor Axdahl convened the meeting for the public hearing for the adoption of the assessment roll for the construction of County Road B - German Street by water improvement 69 -9. Acting Director of Public Works Jansen read the notice of hearing along with the publication dates. b. Mayor Axdahl explained the manner in which th e° hearing would '> be conducted and-turned the meeting over 'to.Engineering Technician Gary Wheaton to explain the specifics,of the improvement to be assessed. Mr. Wheaton ;explained the'total cost of the improve - ment and the manner of� computing the assessment. c. Following a discussion period, Mayor Axdahl called for formal objections. No objections were heard. d. Councilman Greavu moved to adopt the assessment roll subject to corrections and introduced the following resolution and moved its adoption: 70 - 9 - 133 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passes upon all object - ions to the proposed assessment for the construction of water improvement as,descrebed in the files of the Village Clerk as County Road B - German Street,:- Improvement 69 -9 and has amended such proposed assessment as it deems just, - 8 - 9 -1 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof,'is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benfited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid �fistallments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying addit- ional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assess- ment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or.improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of: the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements, 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Greavu. Ayes - all 6. McKnight Road (Linwood Avenue South) Water Improvement (69 -10) a. Mayor Axdahl convened the meeting for the public hearing to adopt the assessment roll for the McKnight Road Water Improve- ment 69 -10. Acting Director of Public Works Jansen read the - 9 - 9 -1 notice of hearing along with the publication dates. b. The specifics of the improvement was explained along with the manner in which the assessment was computed. c. Mayor Axdahl called for formal objections. No objections were heard. d. Councilmar. Wiegert moved to adopt the assessment roll for McKnight Road .%rater Improvement 69 -10 subject to corrections and introduced the following resolution and moved its adoption: 70 -9- 134 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon all object- ions to the proposed assessment for the construction of water improvement as described in the files of the Village Clerk as McKnight Road (Linwood Avenue South) Improvement 69 -10 and has amended such proposed assessment as it deems just, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: + 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benfited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install - ments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolut- ion until Deceuber 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying addit- ional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but riot made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assess- ment feasible. 4. To the extent that this improvement benefits non - abutting - 10 - 9 -1 properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Greavu. Ayes - all - 11 - 9 -1 7. Linwood Avenue Water Improvement (69 -21) a. Mayor Axdahl convened the meeting for a public hearing on the adoption of the assessment roll for the Linwood Avenue Water Improvement No. 69 -21. Acting Director of Public Works Jansen read the notice of hearing along with the publication dates. b. The specifics of the improvement were explained along with the manner of computing the assessment. c. Mayor Axdahl called for formal objections. The following objector was heard: B. J. Kolby, 2350 E. Linwood d. Councilman Greavu moved to adopt the assessment roll as published for Linwood Avenue Water Improvement 69 -21, subject to corrections and introduced the following resolution and moved its adoption: 70 - 9 - 135 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon all objections to the proposed assessment for the construction of Linwood Avenue Water Improvement as described in the files of the Village Clerk as Water Improvement No. 69 -21 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached heretd and made a part herof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 12 - 9 -1 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assess- ments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilwoman Olson. 8. Maryland Avenue Water Improvement (69 -11) Ayes - all. a. Mayor Axdahl convened the meeting for a public hearing to adopt the assessment roll for the Maryland Avenue Water Improvement No. 69- 11.Acting Director of Public Works Jansen read the Notice of Public Hearing along with the publication dates. b, The specifics of the improvement were explained. At the time of the public hearing an assessment roll of $8.00 a front foot was set. c. Mayor Axdahl called for formal objections. The following objector was heard: Ray Colosimo, 2323 Case. d. Councilwoman Olson moved to Maryland Avenue Water Impro corrections. 70 -9 -136 t the assessment roll for the WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon all objections to the proposed assessment for the construction of Maryland Avenue Water Improvement as described in the files of the Village Clerk as Maryland Avenue Water Improvement No. 69 -11 and has amended such proposed assessment as it deems just, - 13 - 9 -1 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum fron the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itselt in the future for the por- tion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the im- provement but not made, upon any properties abutting on the improvement but not herein assessed for the improve- ment, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a of this assessment to the County Auditor on the property tax lists of the County, shall be collected and paid over in the other municipal taxes. Seconded by Councilman Haugan. certified duplicate to be extended and such assessments same manner as Ayes - all. - 14 - 9 -1 Life 9. Lark Avenue - McMenemy Road, Water Improvement (69 -12) a. Mayor Axdahl convened the meeti "ng for a public hearing to • adopt the assessment roll for the Lark Avenue - McMenemy Road Water Improvement No. 69 -12. Acting Director of Public Works Jansen read the notice of.hearing along with the publication dates. b. The specifics of the improvement were explained along with the manner of how the assessment was computed. c. Mayor Axdahl called for formal objections. The following objector was heard: Mr. Walter Sitko., 367 Lark Avenue. d. Councilman Greavu moved to adopt the assessment roll for Lark Avenue - McMenemy Road Water Improvement 69 -12, su ject to corrections and introduced the following resolution and moved its adoption: 70 - 9 - 137 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon all objections to the proposed assessment for the construction of Lark Avenue - McMenemy Road Water Improverent as described in the files of the Village Clerk as Water Improvement 59 -12 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it.. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from'-the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this, resolution until December 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 15 - 9 -1 a 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the .improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it,is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over i'n'the same manner as other municipal taxes. Seconded by Councilman Wiegert. 10. Brookview Drive Water Improvement (69 -16) a. b, Ayes - all Mayor Axdahl convened the meeting for the, public hearing to adopt the assessment roll for the Brookview Drive Water Improvement No. 69 -16. Acting,Director of Public Works Jansen read the notice of hearing along with the publication dates. The specifics of the improvement was explained along with the manner of how the assessment was computed. c. Mayor Axdahl called for formal objections. No objectors were heard. d. Councilman Greavu moved to adopt the assessment roll for the Brookview Drive Water Improvement 69 -16 subject to corrections and introduced the following resolution and moved its adoption: 70 -9 -138 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has'met and heard and passed upon all objections to the proposed assessment for the construction of Brookview Drive Mater Improvement as'desgribed in the files of-the Village Clerk as Water Improvement No. 69 -16 and has amended such proposed assessment as it deems just, - 16 - 9 -1 r. . NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accep- ted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1971 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1971. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from muncipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improve- ment, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reim- burse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assess- ments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilwoman Olson. D. ADJOURNED 11:15 P.M. C y Clerk Ayes - all.