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HomeMy WebLinkAbout09-28-1972 SMMINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, September 28, 1972 Council Chambers, Municipal Building Meeting,No. 72 -34 X.Valwflue 4- 17 A special meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:32 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Donald E. Olmstead, Councilman Present Donald J. Wiegert, Councilman Present CN�Yf1��11[�i7:Fiw�[e;,y 1. Project No. 68 -PAV -1 Eldridge Avenue - 7:30 P.M. a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Eldridge Avenue Street and Utilities Improvement No. 68- PAV -1. (Area to be assessed - both sides of Eldridge Avenue from County Road B, a distance of approximately 330 feet southeasterly). The Clerk read the notice of hearing along with the dates of publication. b. Village Engineer Collier explained the specifics of the assessment roll and how the rates were computed. The rates for this assessment are: Street Sewer Main Sewer Service Water Service $13.61 per foot 6.82 per foot $162.38 each $349.27 each c. Mayor Axdahl called for persons who wished to be heard. None were heard. d. Mayor Axdahl called for formal objections. None were heard. e. Councilman Greavu introduced the following resolution and moved its adoption: (adopting assessment roll pending adjustments) 72 -9 -224 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 pro- posed assessment for the construction of roadways as described in the files of the Village Clerk as Eldridge Avenue Street Improvement No. 68 -PAV -1 and has amended such proposed assessment as it deems just, - 1 - 9/28 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 land 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 (9) 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 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 proper- ties abutting on the improvement but not made, upon any properties shut- ting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feas- ible. 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 add- ing 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. f. Councilman Greavu introduced the following resolution and moved its adoption: 72 -9. - `222 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 Water as described in the files of the Village Clerk as Eldridge Avenue Improvement No. 68 -PAV -1 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: - 2 - 9/28 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 land 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 nineteen (19) 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 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 proper- ties abutting on the improvement but not made, upon any properties abutt- ing ow the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feas- ible. 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 add- ing 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. D. PRESENTATIONS 1. Proposed Bond Issue a. Discussion was held regarding bonding for $975,000 on a short term issue. Further presentation will be given the Council at a later date. 2. Beam Avenue a. Village Engineer Collier stated the necessity of requesting Council to authorize staff to advertise for bids for shoofly construction for a railroad bridge construction of Beam Avenue, Improvement No. 71 -15. b. Councilman Wiegert introduced the following resolution and moved its adoption: - 3 - 9/28 72 - 9 - 22.3 a WHEREAS, pursuant to resolution passed by the Village Council on Sept- ember 28, 1972, plans and specifications for the shoofly construction for railroad bridge construction of Beam Avenue, Project No. 71 -15, have been prepared under the direction of the Village Engineer, and he has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the Village Clerk. 2. The Village Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an: advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and con- sidered by the Council at 10:00 A.M., on the 31st day of October, 1972 at the Village Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the Village of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The Village Clerk and Village Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular Village Council meeting of November 2, 1972. 4. The advertisement for bids shall be in substantially the following form: ADVERTISEMENT FOR BIDS The Village Council of Maplewood, Minnesota, will receive sealed bids for the construction of approximately 2200 feet of railroad bypass and sanitary sewer force main within the Village limits on a basis of cash pay- ment for the work. Bids will be received until 10:00 A.M., C.S.T., on the 31st day of October, 1972, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened, read aloud and considered. Proposals must be placed in a sealed envelope with the statement there- on indicating proposal for bid contained within and addressed to the Village of Maplewood, Minnesota. Proposals shall be submitted to the Village Clerk on or before the above stated time. Proposal is for the furnishing of all labor, equipment and materials and performing all work in connection with the above stated construction. Proposal forms, including specifications, are on file in the office of Howard, Needles, Tammen and Bergendoff, Consulting Engineers, 6750 France - 4 - 9/28 Avenue South, Minneapolis, Minnesota. Copies of the documents may be obtained by depositing Ten Dollars ($10.00) with the Engineer. The amount of deposit for one set of documents will be refunded to each actual bidder who returns the plans and documents in good condition within ten days after the opening of bids. All bids must be accompanied by a certified check or bid bond, payable to the Village of Maplewood, Minnesota, in an amount equal to five percent (5%) of the total bid, conditioned that if the bidder is the successful bid- der he will enter into a contract in accordance with said bid and will fur- nish such performance bonds as are specified. No bidder may withdraw his bid for at least thirty days after the scheduled closing time for the receipt of bids, without the consent of the owner. The owner reserves the right to reject any or all bids and to waive any informalities in bidding. Seconded by Councilman Greavu. Ayes - all. 3. Dairy Queen a. Councilman Greavu stated he and Councilman Wiegert had met with several neighbors of the Century Avenue Dairy Queen regarding their business oper- ations. Many of the items that the operation had been told to correct have not been taken care of or the corrections have not been maintained. Perhaps if the operator does not comply, Staff should go directly to the District Manager of the Dairy Queen stores. C. PUBLIC HEARINGS (continued) 2. Project No. 70 =8 Trunk Highway 36 Water (8:00 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Trunk Highway 36 water mains Improvement No. 70 -8. Area to be assessed: Atlantic Street: from Cope Avenue to proposed North Frontage Road of T.H. 36; North Frontage Road (T.H. 36): from Atlantic Street westerly along said alignment to Gervais Avenue; South Frontage Road (T.H. 36): from Atlantic Street to a proposed easement, which is approximately 890 feet west of Atlantic Street; Proposed Easement (The centerline of which is approximately 890 feet west of Atlantic Street): from South Frontage Road T.H. 36 to Cope Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Village Engineer Collier explained the specifics of the proposed assess- ment roll and how the rates were computed. The rates for this assessment are: Water Main $21.35 per foot Service Connection $373.35 each Street Construction $5.15 per foot - 5 - 9/28 c. Mayor Axdahl called for any persons who wished to be heard or had questions to be answered. The following were heard: Peter Schmelz, Countryside Volkswagon Henry Crystal, Embers Restaurant Andrew Haller, 1233 E. Cope John Hendley, GEM, Inc. d. Mayor Axdahl called for formal objections. None were heard. e. Councilman Wiegert introduced the following resolution and moved its adoption: (Adopting assessment roll pending adjustments) 72 - 9 - 223b 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 pro- posed assessment for the construction of water main, service connections as described in the files of the Village Clerk as Trunk Highway 36 Improvement No. 70 -8 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 land 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 nineteen (19) 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 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 proper- ties abutting on the improvement but not made, upon any properties abutt- ing on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feas- ible. 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 add- ing any portion of the cost so paid to the assessments levied for any of such later extension or improvements. - 6 - 9/28 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 Haugan. Ayes - all. f. Councilman Greavu introduced the following resolution and moved its adoption: (adopting assessment roll pending adjustments) 72 -9 -224 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 pro- posed assessment for the construction of street construction in the area of Trunk Highway 36 and as described in the files of the Village Clerk as Im- provement No. 70 -8 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 land 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 (9) 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 proper- ties abutting on the improvement but not made, upon any properties abutt- ing 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 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 - 7 - 9/28 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 Haugan. Ayes - all. 3. Project No. 70 -28 Furness Water (8:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Furness Street Water Improvement No. 70 -28 (area to be assessed - both sides of Furness Street from Holloway Avenue a distance of approximately 320 feet southerly). The Clerk read the notice of hearing along with the dates of publication. b. Village Engineer Collier explained the specifics of the proposed assess- ment roll and how the rates were computed. The rates for this assessment are: Water Main $6.45 per foot Service Connection $397.78 each c. Mayor Axdahl called for any persons who wished to be heard or had quest- ions to be answered. The following were heard: Lyle Westbrok, 1900 Furness Street Peter Fischer, 1812 Furness Street John Rupp, representing the firm of Thomas, King, Swenson and Collatz Ed Witter, 1866 Furness Mrs.Uhrhammer, Formerly of 1890 Furness Street Richard Dawson, 1846 Furness Street Richard C. Johnson, 1880 Furness Street d. Mayor Axdahl called for formal objections. The following were heard: Lyle Westbrok, 1900 Furness Street Peter Fischer, 1812 Furness Street John Rupp, representing the firm of Thomas, King, Swenson and Collatz Ed Witter, 1866 Furness Mrs.Uhrhammer, formerly of 1890 Furness Street Richard Dawson, 1846 Furness Street Richard C. Johnson, 1880 Furness Street e. Councilman Greavu introduced the following resolution and moved i adoption: 72 -9 -225 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 main service connections as described in the files of the Village Clerk as Furness Street Improvement No. 70 -28 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 land 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 nineteen (19) 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 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 proper- ties abutting on the improvement but not made, upon any properties abutt- ing on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feas- ible. 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 add- ing 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 Haugan. Ayes - all. f. Councilman Wiegert moved to defer the entire assessment roll of Furness Street Water Improvement No. 70 -28 until such time as the DroDerty connects to the water system and at that time the property owners will pay cash con- nection charges including the charges for the main and services; and to all the standard deferment conditions. Seconded by Councilman Haugan. Ayes - all. g. Staff was instructed to transcribe the minutes, from the tape, of pre- vious meetings where this improvement had been discussed and present it to the Council. E. ADJOURNMENT 10:47 P.M. 9 7 ,r - 9 - 9/28