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HomeMy WebLinkAbout01-13-1972 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, January 13, 1972 Municipal Administration Building Meeting 72 - 2 A) \ CALL TO ORDER B) ROLL CALL (C) PUBLIC HEARINGS 1. e Planned Unit Development - Between De Soto and Bradley Streets and north of the Edgerton Highlands apartment complex (7:30 P.M.) 2. Deferred Assessments (Continued from October 14, 1971): a. Sanitary Sewer Improvement 6 b. Sanitary Sewer Improvement 7 C. Water Improvement 1 d. Water Improvement 2 e. Water Improvement 3 f. Water Improvement 4 g. Water Improvement 5 h. Sewer & Water Improvement 1 i. Sewer & Water Improvement 2 (D) Adjournment MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, January 13, 1972 Council Chambers, Municipal Building Meeting No. 72 - 2 A. CALL TO ORDER A special meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:31 P.M. by Acting Mayor Haugan. B. ROLL CALL Harald L. Haugan, Acting Mayor Present Lester G. Axdahl, Mayor Absent John C. Greavu, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present Councilwoman Olson moved to suspend the rules to hear Mr. Charles Brady Chairman of the Task Force Committee to report on the progress of reorganizing the committee to study the rates of the Refuse Haulers. Seconded by Councilman Greavu. Ayes - all. Mr. Brady stated he had contacted persons will be unable to serve. f Terry Wasiluk Tim Hughes Darryl Olson Jim Fanslow, Justa Cardinal the original members of the Committee and five He submitted the following names as replacements: Other Members: Charles Brady Robert Finberg Patricia Olson Al Schadt Richard G. Kveton Richard Schaller Councilwoman Olson moved to accept the names submitted by Mr. Brady to serve on the committee. Seconded by Councilman Wiegert. Ayes - all. Mr. Brady also stated he had attended a meeting with the rubbish haulers last evening. He has set a meeting for this coming Monday evening for the committee and Tuesday there will be a public hearing with all the rubbish haulers. C. PUBLIC HEARINGS 1. Planned Unit Development - Between Desoto and Bradley Streets and North of the Edgerton Highlands Apartment Complex (7:30 P.M.) a. Acting Mayor "Haugan convened the meeting for a public hearing on the ap- plication of Mr. Richard Sagstetter for a Special Use Permit - Planned Unit Development on property legally described as: The South 1/2 of the Northwest 1/4 of the Northeast 1/4 6f,' the - Northwest 1/4 and the North 1/2 of the South- west 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 17, Township 29, Range 22 except the East 30 feet thereof and except the West 33 feet thereof. The Clerk read the notice of hearing along with the dates of publication. - 1 - 1/13 b. Mr. Sagstetter reviewed his proposed plans. The plans submitted now have been revised since they were presented to the Planning Commission. This plan has 20% less population than the original plan. Mr. Sagstetter requested to have the conditions, suggested by the Planning Commission, explained to him. c. Manager Miller presented the staff report. d. Chairman Lyman Coombs read the following Planning Commission recommend- ations from the meeting of January 3rd and 10th, 1972: January 3, 1972: 1. Commissioner Stolzman moved that the Planning Commission go on record that the proposed land use map recommended by the Planning Office in the area bounded by County Road B, the Rehnberg development on the south, De- Soto and Bradley Streets is acceptable to the Planning Commission. Commissioner Batman seconded. Motion failed with Commissioners Stolzman and Coombs voting for the motion all other commissioners voting against the motion. 2. Commissioner Batman moved that the Planning Commission go on record as favoring an approach for the property known as the Sagstetter 9 acre property which should in fact be a transition parcel from the Edgerton Highland Development to the south. Further, the south 1/2 of the Sag - stetter property should have a density range of 19 -34 persons/ acre and 10 -18 persons /acre for the north 1/2. Moreover, the Commission desires that the site transition in physical proportions as well as people /acre. Commissioner Kishel seconded. Motion carried - -Ayes all. Commissioner Stolzman moved that the Planning Commission table this matter until the next meeting scheduled for January 10, 1972. Commissioner Mogren seconded. Motion carried - -ayes - all. Chairman Coombs appointed Commissioners Singer, Mogren and Stolzman to act as a Commission SubCommittee to work within the week with the Appli- cant and to work out the details and report back to the Commission at the January 10, 1972 meeting. January 10, 1972: 1. Commissioner Batman moved that the Planning Commission recommend to the Village Council that the Richard Sagstetter Special Use Permit ap- plication and Site Plan drawing be approved subject to the following con- ditions: 1. The Council reserves the right to impose timing, staging, landscaping, drainage, lighting, street signing, and any other conditions it deems necessary for the project at such time of building plan review for devel- opment permit. 2. The Special Use Permit shall be valid for a 12 month period commencing on the date of Council approval of such Special Use Permit. Failure to - 2 - 1/13 commence building development under building permit within this time element will cause the permit to automatically be recinded and revoked. 3. The Special Use Permit prevails until its expiration or the owner of the site relinquishes or abandons the project. 4. That 10% of the raw value of the land be dedicated to local recreat- ion facilities and that consideration be given to credits for recreational facilities developed by the owner. The developer shall provide performance security for all indicated facilities not provided at the time of occupancy permit is granted. 5. Prior to the consideration of issuing any building or excavation per- mits, the following information should be submitted for Council review and approval: a. A staging plan indicating the proposed times within which ap- plications for final approval are intended. b. Final grading plan indicating finished contour grad.ds;;; with drainage systems ;.identified and methods for handling drainage. c. A detailed design plan indicating architecture, building materials, style, colors of all structures (including garages) including .Ident- ification signs. d. A soil survey report and analysis indicating soil and fill cap- ability to support all proposed structures. e. A general landscaping plan indicating quantity, types, sizes, and kinds of materials to be used. 6. A Phase Plan must be submitted to the Village within 120 days upon Council approval of the Special Use Permit, 7. Occupancy of the apartments shall be restricted until the subdivision within the planned unit is officially platted. 8. No occupancy permit shall be granted until construction has commenced on one of duplex dwellings immediately north of the apartment building located on Bradley Street. 9. All lots in the proposed subdivision shall conform to Village minimum lot area for type of dwelling. 10. The bedroom mix for each apartment building shall be limited to 12 two bedrooms and 28 one bedroom dwelling units. 11. All apartment structures shall be smaller in heights than existing apartments in the area. 12. Apartment areas indicated on the plan shall provide 80 parking places of standard 10 foot width and 80 garages. - 3 - 1/13 13. All apartments shall be above ground level. 14. Indoor recreation shall be provided in each apartment structure. 15. All deferred assessments shall be paid upon issuance of the Special Use Permit. 16. Special attention shall be given to design and landscaping of the garage walls facing the streets in the apartment area. 17. All setbacks shall be per normal Village standards. 18. Sidewalks shall be provided on the frontages of DeSoto and Bradley Streets, and there shall be a connection by sidewalk between these two streets between the apartments and double dwelling. There shall also be a 7 foot width sidewalk adjacent to the apartment parking lot area. 19. Provide additional fire hydrants as required for additional fire protection. Commissioner Mogren seconded the motion. The motion carried by majority vote with Commissioners Stolzman and Howard voting "no" on the motion. All others voted "yes ". e. Commissioner Stolzman presented the minority report from the Planning Commission. He was Chairman of a committee that was asked to meet with the developer and he came to the conclusion there were too many apartments in this area already, and there isn't enough water pressure and problems exist regarding land for recreation. f. Acting Mayor Haugan called for proponents. Mr. Sagstetter spoke on behalf of the proposal. g. Acting Mayor Haugan called for persons who wished to speak in opposit- ion. The following were heard: Tom Nielsen, 490 E. County Road B is opposed to the proposed develop- ment because there are a total of 7 apartment buildings in this area now, plus a large 67 unit building under construction, and 32 town- houses in an area of 8 square blocks. The land to be rezoned is bound- ed on three sides by residential zoning, Mike Mandel, 500 E.County Road B, is opposed because of the water problems; the schools are overloaded and also because this develop- ment would cause further traffic problems. h. Acting Mayor Haugan called for formal objections. The following per- sons were heard: Mr, and Mrs. Annis, 2055 Bradley Street Mr, and Mrs. Ben Whitebread Mr, and Mrs. Mike Mandel, 500 E. County Road B B. J. Tschida, 2137 Bradley - 4 - 1/13 George Gennow, 466 E. County Road B Wayne Crosby, 2130 Bradley Mr, and Mrs. Thomas Nielsen, 490 E. County Road B Charles Brady, 597 E. Kingston Mr. and Mrs. Art Kaese, 506 E. County Road B i. Mr. Sagstetter discussed some of the conditions he was unsure about as to the intent of their meaning. j. Village Engineer Collier stated that the water pressure in the area is low, however, there is approximately 1,000 gallons per minute. This amount is sufficient for fire protection, according to the Village Fire Marshal, and is also ample to take care of the domestic needs and re- quirements. k. Councilwoman Olson questioned what the Council's opinion was of the requirement of a 3 story building instead of a 2z story building. She stated she could not see anything wrong with the "garden type" apartments. There are homes being built in the Village today with split levels that are in the same situation. Council's general opinion was that they had no strong objections to 22 story buildings. 1. Acting Mayor Haugan closed the public hearing. Decision is delayed one week (January 20, 1972) to allow for additional written testimony. 2. Deferred Assessments (continued from October 14, 1971) Manager Miller stated the public hearings on the deferred assessments were held on October 14, 1971 and adjourned until January 13, 1972 to allow persons to file, in writing, for continuance or adjustment of their deferred assessments. a. Sanitary Sewer Improvement No. 6. 1. Village Engineer Collier presented requests from property owners for continuance of their Sanitary Sewer Improvement No. 6 deferred assessments. a. Herbert Bruentrup, 2980 White Bear Avenue stated his reason for requesting continuance of the deferment was that the property is undeveloped farm land. Councilman Greavu moved to deny the request of Herbert Bruentrup, 2980 White Bear Avenue Code No 57 00210 020 28 and 57 00210 040 30 for continuance of his Sanitary Sewer No. 6 deferred assessment Seconded by Councilman Wiegert. Ayes - all. b. Clarence Kiesling, 2866 White Bear Avenue stated his reason for requesting continuance of the deferment was that the property is used for agricultural purposes. Councilwoman Olson moved to deny the request of Clarence Kiesling, 2866 White Bear Avenue, Code N—o—.-57 0021020.58 for continuance ot his Sanitary Sewer Improvement No. 6 deferred assessment. - 5 - 1/13 Seconded by Councilman Greavu. Ayes - all. c. Mr, and Mrs. George Amacher, 1795 East County Road C requested continuance of their deferred assessment as the property does not front on any roads and is a peat swamp. Councilwoman Olson moved to continue the No. 6 deferred assessment of Mr. and Mrs 57 0021 030 54 until such time as the la Seconded by Councilman Wiegert. Ayes - all. d. John 0. Stjernstrom, 2752 Gem Street requested continuance of his deferred assessment because he is a retired gentleman of 71 years of age on a limited disability pension. Also the property does not front on any road and is mostly peat. Councilwoman Olson moved to continue the Sanitary Sewer Improvement No. 6 deferred assessment of John 0. Stiernstrom. Code No. 57 0031 is sold or Seconded by Councilman Wiegert. Ayes - all. e. Alice A. Olson, 2045 E. 17th Avenue, North St. Paul, Minnesota, requested continuance of her deferred assessment because the proper- ty is not suitable for building purposes and because the County Ditch draining from Casey Lake runs through the property. Councilman: Greavu 6YA �t and to assess 165 feet Seconded by Councilwoman Olson. Ayes - all. f. Herbert H. Schouveller, requested continuance of his deferred assessment because the Village has never settled or paid him for damages to his property when the sewer was constructed. Mr. Schou- veller's attorney could not appear at the meeting this evening. Councilman Wiegert moved to continue the request of Mr. Herbert H Schouveller, Code No 57 0031 200 82 until the matter is research ed and his attornev can anoear before the Council. Seconded by Councilwoman Olson. Ayes - all. g. P. Falkowski, 2720 Gem Street requested continuance of his de- ferred assessment because the property is mostly peat, has a creek running through it for natural drainage and it cannot be developed. Councilwoman Olson S - 6 - 1/13 unti Seconded by Councilman Wiegert. Ayes - all. h. William N. Yoerg, 2716 Gem Street, requested continuance of his deferred assessment for the following reasons; the property is inassessable, a drainage ditch runs through the property and is mostly peat. Councilman Wiegert 80 until the property becomes buildable, is developed, sold or changes ownership. Seconded by Councilwoman Olson. Ayes - all. i. Fred and Florence Yoch, 2785 White Bear Avenue, requested con- tinuance of their deferred assessment for the reason he has an opportunity to sell the property and would like the deferment ex- tended until that time. Councilwoman Olson moved to deny the request of continuance of the Sanitary Sewer No. 6 deferred assessment of Fred and Florence Yoch, Code No. 57 0021 200 52, 57 0021 010 53. Seconded by Councilman Greavu. Ayes - all. j. Donald7.D. Olson, 1803 E. County Road C requested continuance of his deferred assessment stating that the land where the sewer was constructed is not suitable for building or developing. Councilman Wiegert until such time S or changes ownership. Seconded by Councilman Greavu. Ayes - all. k. Mr, and Mrs. John B. Brandel, 2740 Gem Street requested contin- uance of their deferred assessment stating that there is not a road or access to the property. Councilman Greavu moved to continue the Sanitary Sewer Improvement Gem Street Code No 57 0031 120 80 until such time as the becomes buildable, is developed, sold or changes ownership. Seconded by Councilman Wiegert. Ayes - all. 1. Mr, and Mrs. Milford P. Olson, 2740 White Bear Avenue, request- ed continuance of their deferred assessment stating the land is low and unbuildable and that they cannot afford any additional assess- ments. Councilwoman Olson itary Sewer Imorov assessment o - 7 - 1/13 Mrs. Seconded by Councilman Greavu. Ayes - all. m. Robert Hajicek, representing the Estate of Frank W. Hajicek, requested continuance of the deferred assessment stating that the frontage on White Bear Avenue is taken up by a N.S.P. Co. high voltage easement. Councilman Wiegert itary Sewer- .'Imnrov Seconded by Councilman Greavu. to continue the S asse Ayes - all. 2. Manager Miller stated notices will be sent out to the residents informing them they have 30 days in which to pay the assessment without interest. After that date the assessment will be spread over the re- maining period of time of the improvement. It is recommended that the Council adopt the assessment roll of the deferred assessments of San- itary Sewer No. 6 excluding the persons who were granted continuance of the deferments. 3. Councilman Wiegert introduced the following resolution and moved its adoption: 72 -1 -9 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 sanitary sewer and appurtenances as described in the files of the Village Clerk as Sanitary Sewer Improvement No. 6 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 ex- tending over a period of nine years, the first of the installments to be payable on or after the first Monday in January, 1973, 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 install- ment shall be added interest on the entire assessment from the date of this resolution until December 31, 1973. 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 reim- burse itself in the future for the portion of the cost of this improve- ment paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon - 8 -= 1/13 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 proper- ties which may be served by the improvement when one or more later ex- tensions 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 429.051, 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. b. Sanitary Sewer Improvement No. 7 1. Manager Miller requested the hearing for the deferred assessments for Sanitary Sewer Improvement No. 7 be tabled until the end of the five year deferment period. 2. Councilman Wiegert moved to table Sanitary Sewer deferred assessments until the end of the five year Seconded by Councilman Greavu. Ayes - all. c. Water Improvement No. 1 1. Manager Miller stated there had not been any requests for contin- uance of deferment for Water Improvement No. 1, and the adoption of the assessment roll is recommended. 2. Councilman Greavu introduced the following resolution and moved the adoption• 72- 1 -10 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 mains and appurtenances as described in the files of the Village Clerk as Water Improvement No. 1 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 - 9 - 1/13 of land therein included is hereby found to be benefited by the pro- posed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments ex- tending over a period of eight years, the first of the installments to be payable on or after the first Monday in January, 1973, and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. Toth& first installment shall be added interest on the entire assessment from the date of this resolution until December,31, 1973. 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 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 prop- erties abutting upon 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 proper- ties which may be served by the improvement when one or more later ex- tensions 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 429.051, 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. Secnnded by Councilman Wiegert. Ayes - all. d Water Improvement No. 2 1. Manager Miller stated there had not been any requests for contin- uance of deferment for Water Improvement No. 2 and the adoption of the assessment roll is recommended. 2. Councilman Wiegert introduced the following resolution and moved its adoption: 72 -1 -11 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 mains and appurtenances as described in the files of the Village Clerk as Water Improvement No. 2 and has amended such proposed assessment as it deems just, i" NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: - 10 - 1/13 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 ex- tending over a period of nine years, the first of the installments to be payable on or after the first Monday in January, 1973, 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 install- ment shall be added interest on the entire assessment from the date of this resolution until December 31, 1973. 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 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 prop- erties abutting on the improvement but not herein assessed for the im- provement, 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 429.051, to reimburse the Village by add - ing any protion 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. e. Water Improvement No. 3. 1. Village Engineer Collier presented Council with two requests for continuance of their deferred assessment on Water Improvement No. 3. a. Peter M. Moritz, 2291 Hazelwood Avenue, requested continuance of his Water Improvement No. 3 deferred assessment stating that he is retired and there is no change in the property. Councilman Greavu moved to continue the Water Improvement No. 3 deferred assessment of Mr. Peter M. Moritz Code No. 57 0101 020 57 until such time as the property is built upon. developed. sold or Seconded by Councilman Wiegert. Ayes - all. b. Adolph A. Palme, 1721 Arcade Street, requested continuance of - 11 - 1/13 his deferred assessment stating that the property along Parkway Drive cannot be divided into a buildable lot and also it is very low. Councilman Greavu moved to continue the Water Improvement No. 3 deferred assessment of Mr. Adolph A. Palme, Code No. 57 5110 020 0.1_ until such time as the property is divided, built upon, sold or changes ownership. Seconded by Councilwoman Olson. Ayes - all. 2. Manager Miller stated the balance of the Water Improvement No. 3 deferred assessments are recommended to be certified to the County Auditor for collection. 3. Councilman Greavu introduced the following resoltuion and moved its adoption: 72 - 1 - 12 WHEREAS, pursuant to proper notice duly given as required by law, the Village Council has met and heard and passed upon objections to the proposed assessment for the construction of water mains. and appur- tenances as described in the files of the Village Clerk as Water Im- provement No. 3 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 ten years, the first of the installments to be payable on or after the first Monday in January, 1973, 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, 1973, 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 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 re- lating to such properties make such assessment feasible. - 12 - 1/13 4. To the extent that this improvement benefits non - abutting proper- ties which may be served by the improvement when one or more later ex- tensions 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 429.051, 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, Councilman Wiegert Seconded by Councilman Greavu. g. Water Improvement No. 5 the rules and to hear Item C -2- Ayes - all. 1, Village Engineer Collier stated requests for continuance of Water Improvement No, 5 deferred assessments had been received from Mrs. E. 0, Rylander, 2126 Arcade Street, George Irons, 2128 Arcade Street, Charles Mazzola, 2112 Arcade Street, and Frank J. Burke, 2080 Arcade Street. Their property is located 500 feet or more from Arcade Street and cannot hook up to the water line, 2. Councilwoman Olson moved to continue the Water Improvement No. 5 deferred assessments of Mrs. E. 0. Rylander, 2126 Arcade Street, Code No. 57 0161 010 36; George R. Irons, 2128 Arcade Street, Code No. 57 0161 030 35; Charles Mazzola 2112 Arcade Street Code No. 57 0161 020 36; and Frank J. Burke, 2080 Arcade Street, Code No, 57 0161 100 37 Seconded by Councilman Greavu. Ayes - all. 3. Councilman Wiegert introduced the following resolution and moved its adoption: 72 - 1 - 13 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: mains and appurtenances as described in the files of the Village Clerk as Water Improvement No. 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 - 13 - 1/13 of land therein included is hereby found to be benefited by the pro- posed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments ex- tending over a period of twelve years, the first of the installments to be payable on or after the first Monday in January, 1973, 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, 1973. 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 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 429.051, 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. f. Water Improvement No. 4 1. Village Engineer Collier presented requests for continuance of Water Improvement No. 4 deferred assessments. a. Alice Haefliger, 1616 Gervais Avenue, requested continuance of her Water Improvement No. 4 deferred assessment stating that the property was originally deferred until sold, it is now in the hands of a realtor. She wished the property to stay deferred until sold. Councilwoman Olson moved to deferred assessment of Alic Motion died for lack of a second. Councilman Wiegert moved to deny the request to continue the - 14 - 1/13 Water Improvement No 4 deferred assessment of Alice Haefliger, 1616 Gervais Avenue Code No. 57 6310 010 11 and 57 6310 010 12. Seconded by Councilman Greavu. Ayes - Acting Mayor Haugan, Councilmen Greavu and Wiegert. Nay - Councilwoman Olson. Motion carried. b. Anton Wicklander, 1884 E. County Road B requested continuance of his deferment stating that the land is not usable until the drainage problems are taken care of. Councilman Greavu ass on Seconded by Councilman Wiegert. Ayes - all. c. Herbert,Toenjes, 1966 McMenemy Road, requested continuance of his deferred assessments stating the land is used for agricultural purposes and that the land is well below the street level. Councilman Greavu moved to continue the Water Improvement No._ 4 deferred assessment of Herbert Toenjes 1966 McMenemy Road, Code No 57 4880 240 OS 57 4880 300 05 and 57 4880 270 04, until the land becomes buildable developed sold or changes ownership. Seconded by Councilwoman Olson. Ayes - all. 2. Councilman Greavu introduced the following resolution and moved its adoption: 72 -1 -14 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 swater °mains.;: and ap- purtenances as described in the files of the Village Clerk as Water Im- provement No. 4 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 attach- ed hereto and made a part hereof, is hereby accepted and shall con- stitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be ben- efited 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 eleven years, the first of the install- ments to be payable on or after the first Monday in January, 1973, - 15 - 1/13 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 assess- ment from the date of this resolution until December 31, 1973. 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 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 re- lating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting prop- erties 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 429.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improve- ments. 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. h. Sewer and Water Improvement No. 1 1. Manager Miller stated there had not been any requests for contin- uance of deferred assessment for Sewer and Water Improvement No. 1. He recommended adoption of the assessment roll. 2. Councilman Greavu introduced the following resolution and moved its adoption: 72 -1 -15 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 sanitaxy sewer;water and appurtenances as described in the files of the Village Clerk as Sewer and Water Improvement No. 1 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: - 16 - 1/13 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 ben- efited 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 nine years, the first of the installments to be payable on or after the first Monday in January, 1973 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, 1973. To each sub- sequent 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 th=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 re- lating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting prop- „ erties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assess- ed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.051, to reimburse the Village by adding any portion of the cost so paid to the assessments levied for any of such later extension or improve- ments. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper- ty tax lists of the County, and such assessments shall be collect- ed and paid over in the same manner as other municipal taxes. Seconded by Councilman Wiegert. Ayes - all. j. Sewer and Water Improvement No. 2 1. Village Engineer Collier stated he had received a request from Mr. Ray Kaeder, 1085 Mary Street for continuance of his deferred assessment. Mr. Collier recommended that the assessment be cancelled. Mr. Kaeder paid for the footage in front of his home, and Mr.Collier stated he could not find any reason why this assessment existed. 2. Councilwoman Olson introduced the following resolution and moved its adoption: (cancelling Mr. Kaeders deferred assessment) 72 - 1 - 16 WHEREAS, pursuant to resolution 65 -8 -247 of the Village Council - 17 - 1/13 of Maplewood, Minnesota, adopted August 25, 1965, the special assess - ments for the construction of Sewer and Water Improvement No. 2, were levied and deferred against, property described "ds.'Code No 57 °14700 053 02; and WHEREAS, this assessment was adopted by error, and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sewer and Water Improvement 2, in the amount of $477.00, against Code No. 57 14700 053 02 be and the same hereby are, cancelled. Seconded by Councilman Greavu. Ayes - all. 3. Councilman Wiegert introduced the following resolution and moved its adoption: (adopting assessment roll) 72 -1 -17 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 sanitary sewer,water and appurtenances as described in the files of.the Village Clerk as Sewer and Water Improvement No. 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 at- tached 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 ben- efited 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 eleven years, the first of the install- ments to be payable on or after the first Monday in January, 1973 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 assess- ment from the date of this resolution until December,311 2 1972. 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 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 - 18 - 1/13 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 intent- ion of the Council, as authorized by Minnesota Statutes Section 429.051, 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 proper- ty 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. D. OTHER BUSINESS 1. Councilwoman Olson stated she had received a call on Saturday from Mr. Elmer Stanke regarding problems with his mother's sanitary sewer line. Mrs. Olson asked what the residents should do in an emergency on a week end to get in touch with Village Personnel. Mr. Stanke had tried several times to reach someone that could help with the porblem. Manager Miller stated the Police Department should be contacted, they have a list of personnel available for emergencies. 2. Councilman Wiegert recommended that colored paper should be again used for the Agenda. 3. Councilwoman Olson questioned what is being done regarding the sewer line on Larpenteur that will serve the Doro Apartments. Councilwoman Olson introduced the following resolution and moved its adoption: (ordering a feasibility study) 72 -1 -18 WHEREAS, the Village Council has determined that it is necessary and expedient that sewer main reconstruction be accomplished on Larpenteur Avenue between Myrtle Street and the Howard Street metering station. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as hereinbefore described is hereby re- ferred to the Village Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as re- commended. Seconded by Councilman Greavu. Ayes - all. 4. Village Attorney Lais presented an ordinance bringing the Village Code up to date with reference to Petty Misdemeanor law. The State legislature - 19 - 1/13 changed the law. ly Councilwoman Olson introduced the following ordinance and moved its adoption: ORDINANCE NO. 305 An Ordinance Amending The Maplewood Code Chapter 101 and 401 Seconded by Councilman Greavu. Ayes all. D. ADJOURNMENT 11:15 P. M. 6--C itClerk fl - 20 - 1/13