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HomeMy WebLinkAbout08-28-1973 SMMINUTES OF TIIE MAPLEWOOD VILLAGE COUNCIL 7;30 P.M,, Tuesday, August 28, 1973 Council Chambers, Municipal. Building Meeting No. 73 -28 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 :30 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 C. PUBLIC HEARINGS 1. Project No.72 -22 - Flandrau Street Improvements. a. Mayor Axdahl convened the meeting for hearing on adopting the assessment roll for Flandrau Street Improvement No. 72 -22. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Ashworth explained the procedures of the assessment hearing. Applications for deferment or adjustment of the assessment are available. Council wil.l review them September 6, 1973. c. Village Engineer Collier explained the specifics of the proposed assessment roll and how the rates were computed. The rates for this assessment are: Commercial - $32.12 per front foot Residential - 16.06 per front foot It is recommended the assessment roll be adopted. d. Mayor Axdahl called for persons who wished to speak for or against the proposed assessment roll. None were heard. e. Mayor Axdahl closed the public hearing. f. Councilman Wiegert introduced the following resolution and moved its adoption: (adopting assessment ro su ect to a �ustments 73 -8 -193 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, curb and gutter on Flandrau Street, Cope Avenue to Lark Street as described in the files of the Village Clerk as Improvement No. 72 -22 and has amended such proposed assessment as it deems just, - 1 - ?/28 ESOTA; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- -- 1. Such proposed assessment, as amended, a copy of which is attached here- to and made a part hereof, is hereby accepted and shall constitute the spec- ial assessment against the land named therein, and each tract of land there- in 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 nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1974 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, 1974. 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 it- self 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 improve- ment 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 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 Minn- esota 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 assess- ment 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 otherr,municipal taxes. Seconded by Councilman Olmstead. Ayes - all. Northeast Transportation Study a. Acting Manager Ashworth presented Council a copy of an agreement for the North- east Transportation Study. This has been tentatively approved by the Village Council, and the sum of $6,000.00 was indicated for Maplewood's portion of the study The $6,000.00 will not be required from the Village of Maplewood until after Janu- ary 1, 1974. It is recommended that the agreement be approved in order that the Study may proceed as rapidly as 'possible. b. Councilman Olmstead moved to approve the agreement for the Northeast Trans- portation Stud�and that $6,000.00 be paid for the Villas share. Seconded by Councilman Haugan. Ayes - all. 2. Project No. 71- 4- Larpenteur Avenue Improvements. a. Mayor Axdahl convened the meeting for a public hearing on adopting the assess- 2 - 8/28 ment roll for Larpenteur Avenue Improvements No, 71-4. The Clerk read the notice of hearing along with the dates of publication, b. Acting Manager Ashworth explained the procedures of the assessment hearing. Applications for deferment or adjustments are available. Decisions on same will be made September 6, 1973. c. Village Engineer Collier explained the specifics of the proposed assessment roll and how the rates were computed. The rates for the assessment are: Curb and Gutter •- $3,64 per front foot Adoption of the assessment roll is recommended. d. Mayor Axdahl called for persons who wished to be heard for or against the proposed assessment hearings. None were heard. e. Mayor Axdahl closed the public hearings. f. Councilman Greavu introduced the following resolution and moved its adopt (adopting assessment roll subject to adjustments) 73 - 8 194 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 assess- ment for the construction of Curb and Gutter on Larpenteur Avenue between Edgerton Street and Parkway Drive as described in the files of the Village Clerk as Improve- ment No. 71 -4 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN -. ESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and a part hereof, is hereby accepted and shall constitute the special assess- ment 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 extend- ing over a period of nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1974 and shall bear in- terest 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, 1974. 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. - 3 - 8/28 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 ofthis assess- ment 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 othere municipal taxes. Seconded by Councilman Haugan, Ayes - all, 3. Project No. 70 -5 - Beam Avenue Improvements. a. Mayor Axdahl convened the meeting for a public hearing on adopting the assess- ment roll for Beam Avenue Improvements No. 70 -5. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Ashworth presented the staff report with the following recom- mendation that (1) the sewer and water assessments be levied against all benefiting properties as proposed; (2) the street improvements be levied for all frontages which are commercially zoned, tabling all street assessments for those properties which are presently zoned "farm "; and (3) storm sewer assessments be levied a- gainst all commercially zoned property benefiting from the improvement, deleting such properties which were previously assessed and tabling all assessments a- gainst benefiting properties presently zoned "farm ". The above recommendation is believed to be consistent with the Council's previous intent and would allow the Council the necessary time required to review existing zones in relation to the comprehensive plan and to make required changes in zoning in an orderly and consistent manner. Further, by assessing those costs where bene- fit presently exists monies would be generated to insure bond payments, could be made. Further, the tabling of certain assessments would not preclude the Village's right to levy such assessments, but would only delay such assessments until such time as land uses in this area could be determined. Any assessments made at a later date would require a new hearing on such, with notices being sent to affected pro- perty owners prior to such hearing. c. Village Engineer Collier explained the specifics of the proposed assessment roll and how the rates are computed. The rates for this assessment are: Streets - North Side (5/8) = $169.43 per front ft. South Side (3/8) = $101.66 per front ft. Sanitary Sewer = $17.89 per front ft. San. Sewer Services 24 inch = $3,821.50 each 12 inch = 1,910.75 each 8 inch = 1,273.84 each 6 inch = 955.38 each - 4 - 8/28 Water Main = $9.50 per front foot Water Services 1, inch = $412.69 each 2 inch = $550.25 each 8 :inch = $2201.02 each 12 inch = $3301.53 each Storm Sewer = $0.04 per square foot. Storm Sewer Services 42 inch = $10,988.22 54 >inch = $14,127.71 72 inch = $18,836.95 d. Councilman Wiegert moved Council's intent to levy assessments as stated in the staff report (1) the sewer and water assessments be levied against a all trontages which are commercially zoned, tabling all street assessments f those properties which are presently zoned "farm"; and (3) storm sewer asses ments be levied against all commercially zoned property benefiting from the provement, deleting such properties which were previously assessed and tabli all assessments against benefiting properties presently zoned "farm" and tha the motion is made prior to any discussion so that the residents of the area know Council's intent, that we proceed in this manner and that the assessmen is still subject to revision. Seconded by Councilman Olmstead. Ayes - all. e. Mayor Axdahl called for persons who wished to speak for or against the pro- posed assessment. The following were heard: Ray Wollum, Uracy Corp., questioned if only levied now for Sewer and Water Improvements would they be automatically assessed at a later date. (He was informed there would be another public hearing). Seldon Caswell, attorney, spoke on behalf of three residents on Radatz objecting to the proposed assessment. Mr. Ashbach, owner of property on Kennard and Beam, wished to know the classification of commercial. f. Councilman Haugan moved to adopt the assessment the staff recommendation and introduced the followi adoption: (adopting assessment roll subject to adj 73 -8 -195 tments) o_ its WHEREAS, pursuant to proper notice duly given as required by law, the Vil- lage Council has met and heard and passed upon all objections to the proposed assessment for the construction of Water and Sewer Mains, Service Connections, Storm Sewer on Beam Avenue as described in the files of the Village Clerk as Improvement No. 70 -5 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: - 5 - 8/28 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 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, 1974 and shall bear in- terest 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, 1974. T 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 properties abut- ting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed con- ditions 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 Wiegert. Ayes - all. g. Councilman Haugan n subject to the staffs x and moved its adoption: 73- 8- 196 t 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, Curb and Gutter on Beam Avenue as described in, -the files of the Village Clerk as Improvement No, 70 -5 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- ESOTA: - 6 - 8/28 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 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 nine (9) years, the first of the installments to be pay- able on or after the first Monday in January, 1974 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, 1974. 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 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 assess- ment 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 h. Councilman Greavu rial. Motion dies for lack of a second. i. Councilman Olmstead side of Beam Avenue to referal back to Connril Seconded by Councilman Wiegert Motion carried. at of Ayes - all. ss it to hold a the north Ayes - Mayor Axdahl, Councilmen Haugan, Olmstead and Wiegert. Nays - Councilman Greavu. - '7 - 8/28 4. Project No. 69 -5 White Bear Avenue Storm Sewer a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Storm Sewer Improvement No. 69 -5 - White Bear Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Ashworth explained the procedures of the assessment hear- ing. Applications for deferment or adjustment of the proposed assessment are available and will be considered at the September 6, 1973 meeting. All ap- plications should be returned by September 4, 1973. c. Village Engineer Collier presented the staff report. This project is for the installation of a storm sewer in conjunction with the upgrading of White Bear Avenue from County Road 'C' to County Road 'D'. It also included water and other utilities that had previously been assessed. One of the reasons this was not assessed previously was that when the storm sewer was installed there was no outlet until the completion of a subsequent project; therefore, we are now getting full benefit from the storm sewer and it is recommended that the assessment be made. The proposed reate of 4� a square foot, which is felt should be applied to this project instead of the 5� a square foot, is recommended. d. Mayor Axdahl called for persons who wished to speak for or against the proposed assessment. The following were heard objecting to the assessment: Mr. D. D. Wozniak, attorney representing Mr, and Mrs. Raymond Miller and and Mr, and Mrs. Richard Busse, questioned the amount and the square foot- age involved. He also stated he has filed, with the Clerk, a notice of objection to the proposed assessment for the storm sewer for those two properties that he represents. He requested the notice of objection be- come part of the minutes. Councilman.Wiegert stated he was not in favor of putting the complete notice in the minutes, but just in the file for this meeting and referenced in the minutes. .. Mr. Wozniak gave his presentation. Mr. Lindner, 2755 White Bear Avenue. Mrs. Alice Olson, requested through a representative, that the assessment hearing be continued to receive more information. Mrs. Ray Miller, 2740 White Bear Avenue. Mr. Richard Busse, 2750 White Bear Avenue. Mr. Robert Tilsen, Tilsen Construction Company, requested that his assess- ment be $.02 a square foot levied with $.02 a square foot deferred until such time as the property would develop commercially. Mr. Steven Clapp, representing the residents at 2785 White Bear Avenue. - 8 - 8/28 Mr. Delbert Olson, Mr. Fred Schoenberger, 2811 White Bear Avenue. A representative of Maplewood Convenant Church, 2691 White Bear Avenue. Martha Tschida, 2839 White Bear Avenue. e. Councilman Greavu moved to table the public hearing on the assessment of Improvement No. 69 -5 until the September 6, 1973 meeting. Seconded by Councilman Wiegert. Ayes - all. D. ADJOURNMENT 10:13 P.M. 7 Ci y Clerk - 5 - 8/28