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HomeMy WebLinkAbout08-30-1973 SMMINUTES OF THE MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, August 30, 1973 Council Chambers, Municipal Building Meeting No. 73 -29 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 7:35 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. 71 -2 - Gervais, VanDyke Sanitary Sewer a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Gervais, VanDyke Sanitary Sewer No. 71 -2. 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 will 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: Mains - $14.88 per front foot Services - $232.58 each It is recommended the assessment roll be adopted. d. Mayor Axdahl called for persons who wished to speak for or against the pro- posed assessment. The following were heard: Mr. Al Leyton, Montgomery Wards and Company, requested further information. Mr. John Klune stated his property (lot 10, block 1; Crestmoor Addition) is mostly under water and unbuildable. He requested a deferment. A written objection from Mr. Arlie Ferry was read. e. Mayor Axdahl closed the public hearing. - I - 8/30 f. Councilman Greavu introduced the following resolution and moved its adoption: (adopting assessment roll subject to adjustments) 73 -8 -197 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 Sanitary Sewer on Gervais and VanDyke Avenue as described in the files of the Village Clerk as Improvement No. 71 -2 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 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 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 inter- est 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 in- terest on the entire assessment from the date of this resolution until Dec- ember 31, 1974. To each subsequent installment when due shall be added in- terest 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 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 other municipal taxes. Seconded by Councilman Wiegert. Ayes - all. - 2 - 8/30 Comprehensive Plan Discussions were held relative to Maplewood's Comprehensive Plan. Re: Adoption of Previous Assessments 1. Acting Manager Ashworth stated assessments for Improvements No. 70 -8 and 70 -16 were previously adopted but several parcels were not levied. They were presented at the public hearing. 2. T.H. 36 Water Improvement No. 70 -8 Councilman Olmstead introduced the following resolution and moved its adoption: 73 -8 -198 WHEREAS, the Village of Maplewood adopted the assessments for Trunk Highway 36 Water, Project No. 70 -8, pursuant to Statute at the meeting of September 28, 1972 at 9:00 P.M., resolution No. 72- 9 -223b; WHEREAS, the assessment roll of the County Auditor is not in conformity with the assessments as adopted; BE IT HEREBY RESOLVED that the Ramsey County Officials are hereby authorized and directed to correct the assessment rolls for the following described properties and in the amount hereafter set out: Code Number 57 1900 060 10 57 1900 060 17 Seconded by Councilman Wiegert. 3. Eleventh Avenue Improvement No. 70 -16 Assessment Water $5,230.75 Water $6,191.50 Ayes - all. Councilman Wiegert introduced the following resolution and moved its adoption: 73 -8- 199 WHEREAS, the Village of Maplewood adopted the assessments for Eleventh Avenue Water and Sanitary Sewer, Project No. 70 -16, pursuant to Statute at the meeting of September 6, 1972 at 9:00 P.M., resolution No. 72 -9 -198; WHEREAS, the assessment roll of the County Auditor is not in conformity with the assessments as adopted; BE IT HEREBY RESOLVED that the Ramsey County Officials are hereby - 3 - 8/30 2 authorized and directed to correct the assessment rolls for the following described properties and in the amount hereafter set out: Code Number 57 01110 010 39 57 01110 080 36 57 01110 230 35 Seconded by Councilman Greavu Assessments $ 7,426.69 $13,128,08 $ 8,033.31 Project No. 71 -12 Mailand Road 8:00 P.M. Ayes - all. a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Mailand Road Improvement No. 71 -12. 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 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: Mains - $7.75 per front foot Services - $244.39 each. It is recommended that the assessment roll be adopted. -.4 - 8/30 d. Mayor Axdahl called for persons who wished to speak for or against the proposed assessment. The following were heard: Mrs. John Severance, 2320 Mailand Road, stated she did not receive the public hearing notice and objects to the assessment. Mr. F. Krinkie, 504 So. McKnight Road, stated he did not receive a notice of the public hearing and objects to the assessment. Mr. John Severance, 2320 Mailand Road, stated he had not received a notice of hearing and he objects to the assessment. e. Council directed staff to investigate the procedures of this improvement. f. Mayor Axdahl closed the public hearing. g. Councilman Wiegert introduced the following resolution and moved its adopt- ion: (adopting assessment roll subject to adjustments) 73 - 8 - 200 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 Mains on Mailand Road as described in the files of the Village Clerk as Improvement No. 71 -12 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 made a part hereof, is hereby accepted and shall constitute the special assessment against the land named therein, and each tract of land therein in- cluded 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. 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 - 5 - 8130 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 Haugan. Ayes - all. 3. Project No. 71 -17 Holloway Avenue Sanitary Sewer a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for Holloway Avenue Sanitary Sewer Improvement No. 71 -17. 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 will 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: Mains - $12.10 per front foot Area - $825.00 per acre Services - $342.48 each It is recommended the assessment roll be adopted. d. Mayor Axdahl asked if there were any persons who wished to speak for or against the assessment roll. The following were heard: Mr. Owen Engen, representing School District No. 622, stated there wouldn't be any benefits to their property from this improvement. e. Mayor Axdahl closed the public hearing. f. Councilman Haugan introduced the following resolution and moved its adoption: (adopting assessment roll subject to adjustments) 73 -8 -201 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 Sanitary Sewer on Holloway Avenue as described in the files of the Village Clerk as Improvement No. 71 -17 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- ESOTA: - 5 - 8/30 1. Such proposed assessment, as amended, a copy of which is attached here- to and made al.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 nineteen (19) 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 other municipal taxes. Seconded by Councilman Greavu. Ayes - all. 4. Project No. 71 -24 North Branch Battle Creek Storm Sewer a. Mayor Axdahl convened the meeting for a public hearing on adopting the assessment roll for North Branch Battle Creek Storm Sewer Improvement No. 71 -24. 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: Area - $348.76 per acre. It is recommended the assessment roll be adopted. - _7 - 8/30 d. Mayor Axdahl called for persons who wished to speak for or against the assessment. The following were heard: Mr. Will Hursch, representing Christ United Methodist Church, questioned if they should be assessed as they had granted easements previously for the Battle Creek drainage area. e. Mayor Axdahl closed the public hearing. f. Councilman Greavu introduced the following resolution and moved its adoption: (adopting assessment roll subject to adjustments) 73 - 8 - 202 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 Storm Sewer in the North Branch of Battle Creek as described in the files of the Village Clerk as Improvement No. 71 -24 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 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 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. 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. - 8 - 8/30 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 Haugan, Ayes - all. 5, Project No. 72 -13 Arcade Street Sanitary Sewer a. Mayor Axdahl convened the meeting for a public hearing on adopting the assess- ment roll for Arcade Street Sanitary Sewer Improvement No. 72 -13, 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 are available. Decision on same will be made September 6, 1973, c. Village Engineer Collier explained the specifics of the proposed assessment roll and how the rates are computed. The rates for the assessment are: Mains - $3022,30 per lot Services - $858.10 each It is recommended that the assessment roll be adopted, d. Mayor Axdahl called for persons who wished to be heard for or against the assessment. The following were heard: Mr, Claude Allen, attorney representing Mrs. Esther Rylander, 2126 Arcade St.; Mr. Hubert Harmon; Mr. Gordon Grant, 2134 Arcade Street; Mr. Charles Mazzola, 2112,Arcade Street; Mr. Morris Hughes, 2100 Arcade Street; Mr. Pelitich Voya; 2150 Arcade Street; Mrs, Lynn Tien, 2138 Arcade Street. e. Mayor Axdahl closed the public hearing. f. Councilman Olmstead moved to revise the assessment roll to increase the Village General Obliaation portion of the assessments to 30% instead of 20% until the orooerty is sold, improved or changes hands Seconded by Councilman Wiegert. Ayes - a11, g. Councilman Olmstead introduced the following resolution and moved its adoption: (adopting assessment roll subject to adjustments) 73 -8 -203 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 Sanitary Sewer Mains, Service Connections, - 9 - 8/30 as described in the files of the Village Clerk as Improvement No. 72 -13 and has amended such proposed assessment as it deems just, NOR, 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 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. 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 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. h. Councilman Olmstead moved that the Village Staff be directed to develop a system to'flag'any lot divisions or improvements in the area, so that the per lot assessment be called to the Council's attention, as it is the Council's intent to have a hook up charge commensurate with the actual assessment is a unique situation because of the irregular nature of the property, not to be considered a precedent. Seconded by Councilman Haugan. Ayes - all. - 10 - 8/30 D. PRESENTATIONS Councilman Greavu questioned the hiring f the Consultant g Planner. The matter will be placed on the Agenda for September 6, 1973. E. ADJOURNMENT 10:46 P.M. 4cilerk - 1.1 - 8/30