Loading...
HomeMy WebLinkAbout09-14-1970 SMMinutes of Maplewood Village Council 7:00 P.M., Monday, September 14, 1970 Council Chambers, Municipal Building Meeting No. 70 -24 A. CALL TO ORDER A special Meeting of the Village Council of the Village of Maple- wood, Minnesota was held in the Council Chambers, Municipal Build- ing and was called to order 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 HEARING Pleasantview Park - Highwood Avenue a. Mayor Axdahl reconvened the public hearing on the adoption of the assessment roll for the Pleasantview Park - Highwood Avenue Improvements No. 68 SAS -2. The original hearing was held August 31, 1970. b. The objections filed by the residents at the August 31, 1970 meeting are on file. No further objections were stated. c. Councilman Wiegert moved to adopt the assessment roll for the Pleasantview Park -_Highwood Avenue Improvements No. 68 - SAS -2 subject to corrections and introduced the following resolution and moved its' adoption: 70- 9 -141A 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 sanitary sewer, water, street construction and storm sewer as described in the files of the Village Clerk as Pleasantview Park - Highwood Avenue Improvements No. 68 -SAS -2 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 - 1 - 9 -14 constitute the special assessment against the lands named there- in, 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 December 31, 1971. - To each subsequent installment when due shall be added interest for one year on all unpaid in- stallments. 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 im- provement but not made, upon any,properties abutting on the im- provement but not herein assessed for the improvement, when Chang- ` ed 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 Councilman Greavu. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. D. ADJUSTMENT OR DEFERMENT REQUESTS Pleasantview Park - Highwood Avenue Improvement (68- SAS -2) -2- 9 -14 1. Arthur B. Engstrom, 2525 Highwood Avenue, requested to have the sewer and water service connections relocated as he was not asked where they should be placed. Councilman Wiegert moved to deny Mr. Engstromis requests as this matter is between the contractor and individual and not the Village. Seconded by Councilman Haugan. Ayes - all. 2. Arthur Engstrom, 2525 Highwood Avenue, requested his storm sewer assessment be conceled as he feels his property is outside the drainage area. Councilman Haugan moved to deny Mr. Engstrom's request for can- cellation of his storm sewer assessment as his property does drain to the south. Seconded by Councilman Greavu. Ayes - all. Councilman Greavu moved to adopt the assessment rate -of $235.00 per buildable lot plus $.02 a square foot for addition property for the Pleasantview Park - Highwood avenue Improvement No. 68 - SAS -2. Seconded by Councilman Wiegert. Ayes - all. 3. Mr. Berten A. Holmberg, 2511 Highwood Avenue, stated that since 27.6% of his front footage and 30.5% of the area of his lot is subject to a pipeline easement, he requested his assess- ments for the sanitary sewer and water be adjusted and since the storm sewer was not a part of the announced improvement there should be no assessment for storm sewer. Councilman Greavu moved to deny the request for adjustment for sanitary sewer and water assessment because of the pipeline easement due to the fact that this matter is between the in- dividual and the Williams Brothers Pipeline Company. Seconded by Councilman Haugan. Ayes - all. 4. Mr. Harold E. Pierre requests deferment of the assessments on his property (Code No. 57- 01300 - 010 -79) as the land is financially non productive other than a small rental from a farmer. (It is unplatted lands and is located south of High- wood and east of Sterling.) Councilman Greavu moved to deny the request for deferment of the sanitary sewer, water and storm sewer asses�,mnents. Seconded by Councilman Wiegert. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. -3- 9 -14 Mayor Axdahl read the resolution ordering the improvements for the Highwood Avenue Area and it did include storm sewer im- provement along with curb and gutter construction. . Mr. Holmberg stated no curb and gutter was constructed and in his opinion no storm sewer. Councilman Greavu moved that Mr. HolmbergIs request to cancel the strom sewer assessment against his property be denied. Seconded by Councilman Wiegert. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. 5. Martha Esperson, 2492 Highwood, requested cancellation of all 3 assessments as his residence is on Sterling Avenue and cannot connect to these utilities because his home sits quite far from the roadway. Councilman Greavu moved to defer all but 100 feet of the assess- ments. Motion died for lack of a second. Councilwoman Olson moved to defer the assessments of Mr. Martin Esperson for sanitary sewer, water and storm sewer. (Code No. 57- 01300 - 010 -79) Seconded by Councilman Haugan. Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Haugan and Wiegert. - Nay - Councilman Greavu. 6. Lloyd Schaeffer, 2345 Highwood Avenue, stated that 150 feet on the east end of his property cannot be serviced with Sanitary Sewer and he wishes this canceled and also on 10 -17 -68 he was told they would be assessed 100 feet and the rest could be de- ferred for 5 years or until developed since it was farm property. Councilman Greavu moved to defer all but 100 feet of the assess - ment for Sanitary Sewer, Water and Storm Sewer requested by Mr. Schaeffer_,_ 2345 Highwood Avenue. (Code No. 57- 01300 - 070 -35) Seconded by Councilman Wiegert. Ayes - all. Mayor Axdahl stated Council policy on deferred assessments was that assessments were deferred for a five (5) year period at which time they will be reviewed and at that time could be - 4 - 9 -14 i levied and that this would require a public hearing. 7. Leland Plummer, 2275 Highwood requested deferment of his assessments as his land is devoted to agricultural use. Councilman Greavu moved to assess 100 feet and defer the remaind of the property of Leland Plummer, 2275 Highwood. (Code No. 57- 01300- 020 -32) Seconded by Councilman Wiegert. Ayes - all. 8. Ray Esperson, 2585 Highwood Avenue, requested the assessments for sanitary sewer, water and storm sewer be deferred as the property is used exclusively for agricultural use. The property that is involved in a pending court case, he wishes the assessments to be canceled. Councilman Greavu moved to defer the assessments of Sanitary Sewer, Water and Storm Sewer in their entiretv against Rav Emerson. 2585 Highwood, Code No. 57- 10300 - 170 -04. Seconded by Councilman Wiegert. 41 Ayes - all. 9. Wilbur C. Nemitz, 1069 South Crestview Drive, requested the assessment for storm sewer should be adjusted to $235.00 per lot as was stated at the original hearing. He also requests adjust- ments to the sanitary sewer and water assessments. He was assessed under the previous policy on the odd lot concept and Staff stated the sanitary sewer and water assessments have been refigured under the newly adopted policy and Mr. Nemitz was so notified of the new assessment. Councilman Greavu moved that Mr. Nemitz be assessed $235.00 for Storm Sewer, (Code No. 57- 60010- 090 -07) per lot. Seconded by Councilman Wiegert. Ayes - all. 10. Walter C. Nemitz, 1021 So. Crestview Drive, requested an adjustment on the storm sewer assessment. He states he has only one single homesite. The also requests adjustment to the sanitary sewer and water assessment. His assessment was figured on the pre- vious policy for odd shaped lots. Staff stated Mr. Walter C. Nemitz's assessments had been refigured on the newly adopted policy for odd shaped lots and a new notice of assessment had been forwarded. Councilman Greavu moved to assess Mr. Nemitz, 1021 South Crestview Drive, $235.00 for the front half of his property for storm sewer. (Code No. 57- 60010 - 050 -07) - 5 - 9 -14 Seconded by Councilman Haugan. Ayes - all. 11. Matthew H, Reiter, 2460 Mamie Avenue, requested an adjustment on the assessments. His lot is 100 feet by 123 and he was assessed 134.79 feet. He feels he was charged for 10 feet too much. Staff stated that Mr. Reiter was assessed under the old policy and the assessment has been refigured under the new policy. Councilman Greavu moved to correct: the assessment-by deleting 10 feet off the footage and reassess under the new policy. (Code No. 57- 60010 - 010 -06) Seconded by Councilman Wiegert. Ayes - all. 12. James McKenzie, 1014 South Crestview Drive, requested ad- justment to his assessments. He.:was assessed under the old policy. Councilman Greavu moved to reassess Mr. McKenzie for his assess- ments under the new policy. Seconded by Councilman Wiegert. + Ayes - all. 13. R. J. Berthiaume, 1004 South. Crestview Drive, was assessed under the old and the new policy. Under the new policy his assess- ment was greater than the old policy. Councilman Greavu moved to assess Mr. Berthiaume at the aTilOunt for 125.96 feet for sanitary sewer and water. (Code No. 57- 6000- 010 -03 Seconded by Councilman Wiegert. Ayes all. 14, Lloyd J. Parsons, 1024 South Crestview Drive, objected to his being assessed under the new policy. His assessment under the new policy is greater than what he was first assessed. At this time,.Councilwoman Olson moved to rescind the Berthiaume motion to assess Mr. Berthiaume at the lesser amount. Seconded by Councilman Haugan. Ayes - all. Councilman Wiegert moved to correct the assessments for corner lots to be which ever assessment is the least amount figured under the old policy and the new policy for the Pleasantview Park Highwood Avenue Area. Seconded by Councilman Greavu. Ayes - all. 15. Mr. E. W. Riebow, 2462 South-crest Avenue requests adjustment of his street assessment. Assessment made on the basis of front 110° and on 20% of full depth of lot. Pavement actually construct- ed at least 20 fe_:t short of full depth of lot with little, if any, chance of future axtension. - 6 - 9 -14 r- Councilman Haugan moved to assess Mr. Riebow for street improve - ment by the front footage a plus 20% of the improved footage on the depth and at such time as the rest of Marnie is completed the add - itional assessment be billed. Seconded by Councilman Greavu. Ayes - all. 16. Mr. F. Arthur Kempe, 1011 South Crestview requests adjust- ment of his assessments for the Utilities and Street improvements. Staff stated Mr. Kempe had been assessed under the old policy. Councilman Wiegert moved to re- assess Mr. Kempe, 1011 South Crest- view (Code No. 57- 60000 - 050 -02) under the new policy. Seconded by Councilman Greavu. Ayes - all. i Village Engineer Kuusisto answered Mr. Kempe's question as to why the increase in the service connection charge. There was a 5% increase in construction costs within the past. year and also the cost for service connections stated 'at.the time of the public hearing were only estimated costs. Superintendent of Public Works Ray Hite stated that the imbalanc- ing of the costs of the improvement could possibly be in the water assessment; $14.00 per foot is a firm figure for the street con- struction; $8.75 per foot for Sanitary Sewer; $5.20 per foot for the water. This figure was reduced from the original $8.25 figure. The reduction of the water assessment per foot corrects the im- balancing of the assessments.. A resident of the area.stated the elevation in front of his prop- erty was changed causing damage to his property. Councilwoman Olson moved to refer this matter to staff to contact this gentleman,to be studied and placed on a following meeting. Seconded by Councilman Haugan. Ayes - all. 17. Mr. C. F. Anderson stated his property (Code No. 57- 01300 -010- 34) is presently used. for agricultural purposes, there are no ex- isting buildings and the land is approximately 10 feet lower than Highwood Avenue and he requests deferment of the sanitary sewer and water assessment. Councilwoman Olson moved to defer the assessments for the entire frontr.i�e of Mr. C.F.Anderson's property (Code No. 57- 01300- 010 -34). Seconded by Councilman Greavu. Ayes - all. 18. Mr. Glen Chinander, 1001 Crestview Drive, requested an ad- justment on his assessments for Utilities and Street Improvements. - 7 - 9 -14 Mr. Chinander was assessed under the old policy. Councilman Wiegert moved to reassess Mr. Chinander, 1001 Crestview, Drive (Code No. 57- 60000 - 040 -02) under the new policy. Seconded by Councilman Greavu. Ayes - all. 19. Mr. Gustave Pentek, 992 Crestview Drive, requested an ad- justment of his street assessment. Mr. Pentek was assessed under the old policy. Councilman Greavu moved that Mr. Pentek, 992 Crestview Dri No. 57- 60000 - 030 -01) be reassessed for the street imnrovem Seconded by_Councilman Wiegert. Ayes - all. 20. Mr. Delroy Preuss, 1052 Crestview Drive, requests an adjust- ment on his assessments. Mr. Preuss was assessed under the old policy. Councilman Greavu moved that Mr. Preuss be reassessed under the new policy for the sanitary sewer, water, street and storm sewer improvements. (Code No. 57- 60010- 060 -08) Seconded by Councilman Wiegert. 21. Mr. Donald C. Halverson, 1025 adjustment on the sanitary sewer, assessments. Councilwoman Olson Seconded by Councilman Greavu. Ayes - all. South Crestview Drive, requested water, street and storm sewer Mayor Axdahl called for a five minute recess. Ayes - all. Mayor Axdahl reconvened the meeting at 9:58 P.M. County Road C -- Sanitary Sewer 68 SAS -1 Superintendent of Public Works, Ray Hite explained a problem that had arisen regarding the area assessment for this project. The area assessment was for the Sanitary Sewer Lift Stations that were constructed under Sanitary Sewer Improvement 7, Project 1. The design of this project and the hearing that was held in 1966 set up a rate of $200 per building lot and $750 per acre for the entire drainage area and all prior projects constructed in 1968 and 1969 were assessed using this method. The method of assessing used this - 8 - 9 -14 year has been a liberal application of the previous policy and has been found to be contrary to the prior practice of assessing. Staff recommends deleting the area assessment for Project 68 -SAS -1 for one year. This will require a new hearing on the area assess- ment portion of the project. Councilman Greavu moved to delete the Sanitary Sewer Area Assess- ment for one year. Seconded by Councilman Wiegert. Ayes - all. 1. Mr. Elmer Stanke, 910 East County Road C requested a cancel- lation on 400 feet on County Road C as the property is unbuildable. Councilwoman Olson moved to defer 400 feet of Mr. Stanke's property (Code No. 57- 00910 - 070 -36) until such a time as a building permit is requested or until the land is sold, Seconded by Councilman Haugan. Ayes - Mayor Axdahl, Councilwoman Olson & Councilman Haugan. Nay - Councilmen Greavu & Wiegert. 2. Mr. Paul Stanke, 930 East County Road C. Mr. Elmer Stanke spoke in behalf of his father and requested that 250 feet on County Road C be deferred along with two service con- nections. Councilman Wiegert moved to defer 250 feet of Mr. Paul Stanke's property (Code No. 57- 0091.0- 050 -35) but that the two service con- nections be assessed. W Seconded by Councilman Greavu. Ayes - al.l. 3. Mr. George Schaffhausen, (South z of Lot E, Registered Land Survey No. 84) requested deferment'of'his assessment for Sanitary Sewer as the property is unbuildable. He stated it is only peat with more peat for fill. Councilman Haugan moved to defer the assessment of Mr. Schaffhausen as the land is unbuildable. (Code No. 57- 90840 - 010 -05) Seconded by Councilman Wiegert. Ayes - all. 4. Mr. Donald J. Pawlicki, 2666 Linden Lane, requested adjustment of his assessment. He was assessed under the previous odd lot policy. Councilman Greavu moved to adjust the assessment of Mr. Pawlicki and re- assess him under the newly adopted policy for odd shajed_ lots. (Code No. 57- 90840- 020 -05) - 9 - 9 -14 Seconded by Councilman Haugan. Ayes - all, 5. Mr. Robert E. Peterson, 2674 Keller Parkway requested adjustment of his assessment. He was assessed under the previous odd shaped lot policy. Councilman Greavu moved to re- assess Mr. Peterson under the new policy for odd shaped lots. (Code No. 57- 90840 - 010 -02) Seconded by Councilman Haugan. Ayes - all. 6. Mr. Rodolfo Gonzalez, 2626 Keller Parkway, requested deferment of all but 80 feet of his property stating that the largest portion of his property is unbuildable. Councilman Wiegert Wiegert moved to defer the East 150 feet of Mr. Gonzalez's Sanitary Sewer assessment. (Code No. 57- 00910- 090 -36) Seconded by Councilman Haugan. Ayes - all. 7. Mr. Elmer Schlattmann, 2686 Keller Parkway, requested an adjust- ment on the unusable portion of his-property. His home sits on 100 x 214 feet piece of property. They were assessed under the old policy. Councilman Greavu moved to re- assess Mr. Schlattmann under the new policy. (Code No. 57- 90840- 010 -01) Seconded by Councilman Wiegert. Ayes - all. 8. Mr. Donald B. McClellan, 961 E. County Road C, requested defer- ment on 110 feet of frontage until such time as the property becomes saleable or buildable. The property is being used as a storm sewer drainage area. Councilman Greavu moved to defer 110 feet of frontage of Mr. McClellan's property. (Code No 57- 00410 - 010 -56) Seconded by Councilman Haugan. Ayes - all. 9. Mr. William Howard, 931 East County Road C, requested an adjust- ment and cancellation of his assessment. Engineering Technician Wheaton read a letter addressed to the Council from Mr. Howard. The letter stated that it was the intent of the Council at that time that land below the water level of Kohlman Lake would not be subject to an assessment. 300 feet east of the west boundary of Mr. Howard's property is below the lake level. Also, that one buildable site would be assessed as one building lot until conditions are changed that other buildable sites become feasible. Councilman Greavu moved to defer the West 300 feet of Mr. Howard's property and to assess 364 feet. (Code No. 57- 00410- 01055) -10- 9 -14 r , Seconded by Councilman Wiegert. Motion defeated. Ayes - Councilmen Greavu and Wiegert. Nays - Mayor Axdahl, Councilwoman Olson, Councilman Haugan. Councilman Haugan moved to cancel the assessment on the Westerly 300 feet of Mr. Howard's property subject to a cash connection charge at the time of development. (Code No. 57- 00410 - 010 -55) Seconded by Councilwoman Olson. E ADJOURNMENT 11:45 P.M. C' y Clerk - 11 — Ayes - all. 9 -14 n: