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HomeMy WebLinkAbout09-15-77 SMAGENDA Maplewood City Council 7;30 P.M., Thursday, September 15, 19.77 Municipal Administration Building Meeting 77 26 ........... .... . .. ....... . .............. (A) CALL TO ORDER (B) ' ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes 77-22 (August 16). 2. Minutes 77-23 (.August 23). (D). APPROVAL OF AGENDA (E) PUBLIC HEARINGS 1. Special Use Permit (-Tree Disposal Site) Between Linwood and Highwood Avenues (.7;30) .... .............. .. .. ...... 1. 2. Assessments: a. Street Improvements - Furness Court (.8:00)- .... .. ......... ............ .. I .. ..... b. Utility Improvements Bel 1 a i r e . Avenue (8:05) C. Utility Improvements County Road B, White Bear Avenue to Ariel Street (_8:15) . .. . .. ..... .. ...... d. Street Improvement - McKnight Road County . R . o.a.d. D to Beam Avenue (.8:30) .. .......... e. Utility Improvements County Road D. and .. Hazelwood Street (8:45) ;Northeast Area Street Improvements (-9:00) . .1 . ........... ...... .... — .......... (F) APPROVAL OF ACCOUNTS 1. Water Improvement (G) COUNCIL PRESENTATIONS (H) ADMINISTRATIVE PRESENTATIONS J) ADJOURNMENT MINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, September 15, 1977 Council Chambers, Municipal Building Meeting No. 77 -26 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:30 P.M. by Mayor Murdock. B. ROLL CALL Burton A. Murdock, Mayor Present Norman G. Anderson, Councilman Absent John C. Greavu, Councilman Present Charles M. Kent, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 77 -22 (August 16, 1977) Councilman Wiegert moved that the Minutes of Meeting No. 77 -22 (August 16, 1977) be approved as submitted. Seconded by Mayor Murdock. 2. Minutes No. 77 -23 (August 23, 1977) Ayes - Mayor Murdock, Councilmen Kent and Wiegert. Councilman Greavu abstained. Councilman Greavu moved that the Minutes of Meeting No. 77 -23 (August 23 1977) be approved as submitted. Seconded by Councilman Kent. Ayes - all, D. APPROVAL OF AGENDA Mayor Murdock moved to approve the agenda as presented. Seconded by Councilman Wiegert. Ayes - all. E. PUBLIC HEARINGS 1. Special Use Permit - Tree Disposal Site - between Linwood and Highwood Avenue - 7:30 P.M. a. Mayor Murdock convened the meeting for a public hearing regarding the request of Mr. James Kayser for a temporary special use permit for a tree disposal site. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and recommended approval for 90 days, with the following conditions: 1. Obtain necessary P.C.A. and local burning permits; - 1 - 9/15 2. Provide a roadway from Highwood Avenue suitable to allow 25,000 pound gross weight; 3. All burning to be done within 1000 feet of a fire hydrant; 4. Someone must be in attendance at all times during burning; 5. Access to the site must be limited; 6. Burning must be no closer than 1000 feet to another house; 7. Must meet all P.C.A. air pollution requirements; 8. Applicants and owner agree to the above conditions in writing. Staff is concerned with this use and we have suggested a number of conditions to insure its compatibility with the neighborhood. The 90 day limit should give us the opportunity to review the site operation and any problems. C. Commissioner Pellish presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council denial of the requested temporary special use permit for the following reasons: 1. There has been no showing of a need; 2. There is an adequate facility available in Ramsey County at Pigs Eye, with a back up facility of Poplar Lake; 3. All of the conditions required by PCA have not been met in particualr the re- quirements of Metropolitan Council; 4. Ramsey County approval has not been obtained and is mandated by PCA rules; 5. Conditions of the Fire Marshal's recommendations dated August 15 consisting of four itmes, at least one major one of which has not been complied with (all abutting area residential property owners must agree to this type of burning); 6. Use proposed is not compatible with the residential district in that it imposes an undue, unnecessary fire hazard. Commissioner Ellefson seconded. Ayes - all. d. The applicant, Mr. James Kayser, introduced his attorney, Mr. Jeff Jarpy, who spoke on behalf of the proposal. e. Commissioner Pellish read a statement concerning a rough draft to be submitted to the Ramsey County Parks and Open Space meeting on Monday concerning diseased elm tree disposal sites. f. Mayor Murdock called for proponents. The following were heard: Mr. Harold Johnson, 2616 Linwood Avenue; Mrs. Budd Kolby, 2350 Linwood Avenue. g. Mayor Murdock called for opponents Mr. Joe Pellish Mr. Michael Garvey, 2461 Nemitz Mr. Reed Santa, 2495 Highwood Avenue Mr. Emil Casura Mr. Gene Husnik Mr. Al Jirovek The following were heard: h. Mayor Murdock closed the public hearing. i. Councilman Wiegert moved that the request of Mr. James Kayser for a 90 temporary special use permit to operate a diseased dutch elm tree disposal - 2 - 9/15 site be denied due to the fact that there are adequate facilities available in County to dispose of deseased trees Seconded by Councilman Greavu. Ayes - all. 2. Assessments a. Furness Court Improvement No. 75 -8 8:00 P.M. 1. Mayor Murdock convened the meeting for a public hearing regarding adoption of the assessment roll for Furness Court Improvement No. 75 -8. The Clerk read the notice of hearing along with the dates of publication. 2. Engineering Services Corrdinator Cass presented the specifics of the proposed assessment roll and how the rates were computed. The rates were computed on an equal basis for each lot. It is recommended the assessment roll be adopted. 3. Mayor Murdock explained the procedures of the assessment hearings. 4. Mayor Murdock called for proponents. None were heard. 5. Mayor Murdock called for opponents. The following were heard: Mr. Wayne Bergh, 2031 Furness Court Mr. Louis Pedro, 2147 Lydia Avenue 6. Mayor Murdock closed the public hearing. 7. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -180 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon objections to the proposed assessment for the construction of Furness Court Streets as described in the files of the City Clerk as Improvement No. 75 -8 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1978 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, 1977. 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 3 - 9/15 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 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 cimprovement 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 City 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 - Councilmen Greavu, Kent and Wiegert. Nays - Mayor Murdock. Motion carried. 8. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -181 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of Furness Court Utilities as described in the files of the City Clerk as Improvement No. 75 -8 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1978 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, 1977. 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 furure 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 - 9/15 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 City 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 - Councilmen Greavu, Kent and Wiegert. Nays - Mayor Murdock. Motion carried. b. Bellaire Avenue Improvements No. 75 -11 - Assessment 8:05 P.M. to Mayor Murdock convened the meeting for a public hearing regarding the adoption of the assessment roll for Bellaire Avenue Improvement No. 75 -11. The Clerk read the notice of hearing along with the dates of publication. 2. Engineering Services Coordinator presented the specifics of the proposed assessment roll and how the rates are computed. The rates are as follows: Sanitary Sewer Mains Services Water Mains Mains Services $ 24.14 per front foot $304.26 each $ 13.50 per front foot $244.56 each It is recommended the assessment roll be adopted. 3. Mayor Murdock called for proponents. None were heard. 4. Mayor Murdock called for opponents. None were heard. 5. Mayor Murdock closed the public hearing. 6. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -182 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of Bellaire Avenue Utilities as described in the files of the City Clerk as Improvement 75 -11 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 in- - 5 - 9/15 eluded 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, 1978 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, 1977. 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 improvement 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 429.051, to reimburse the City 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. C. County Road D Utility Improvements No. 77 -3 Assessment 1. Mayor Murdock convened the meeting for a public hearing regarding the adoption of the assessment roll for County Road D Utility Improvement No. 77 -3. The Clerk read the notice of hearing along with the dates of publication. 2. Engineering Services Coordinator Cass presented the specifics of the proposed assessment roll and how the rates were computed. The rates are as follows: Sanitary Sewer Mains 4" Service South Side 6" Service North Side Water Mains $ 07.98 per front foot $ 52.40 each $589.50 each Mains $ 13.50 per front foot 2" Service South Side $ 393.95 each 2" Service North Side $ 459.61 each 6" Service North Side $ 1,181.86 each It is recommended that the assessment roll be adopted. 3. Mayor Murdock called for proponents. None were heard. - 6 - 9/15 4. Mayor Murdock called for opponents. No one appeared at this hearing. At the previous hearing held August 16, 1977 the following were heard: Mr. Michael Welsch, 2036 E. County Road D 5. Mayor Murdock closed the public hearing. 6. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -183 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of County Road Utilities as described in the files of the City Clerk as Improvement No. 77 -3 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1978 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, 1977. 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 improvemnt 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 improvement 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 City 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. - 7 - 9/15 d. McKnight Road Improvement No. 75 -12 8 :30 P.M. 1. Mayor Murdock convened the meeting for a public hearing regarding adoption of the assessmetn roll for McKnight Road Curb - Gutter - Sidewalk Improvement No. 75 -12. The Clerk read the notice of hearing along with the dates of publication. 2. Engineering Services Coordinator Cass presented the specifics of the proposed assessment roll and how the rates were computed. The rates are as follows: Sidewalk $ 8.55 per front foot Concrete curb and gutter $ 4.43 per front foot It is recommended that the assessment roll be adopted. 3. Mayor Murdock called for proponents. None were heard. 4. Mayor Murdock called for opponents. The following were heard: Mr. Carl Buetow, 2287 Beam Avenue, forwarded a letter objecting to the assessments. 5. Mayor Murdock closed the public hearing. 6. Councilman Wiegert introduced the following resolution and moved its adoption: 77 -9 -184 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of McKnight Road Curb and Gutter and Sidewalk as des- cribed in the files of the City Clerk as Improvement No.75 -12 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1978 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resoltuion. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1977. 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. - 8 - 9/15 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 City 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 Kent. Ayes - all. e. Utility Improvements - County Road D and Hazelwood Street 8:45 P.M. 1. Mayor Murdock convened the meeting for a public hearing regarding adoption of the assessment roll for County Road D, Hazelwood Street Improvement No. 74 -11. The Clerk read the notice of hearing along with the dates of publication. 2. Engineering Services Coordinator Cass presented the specifics of the proposed assessment roll and how the rates were computed. The rates are as follows: Sanitary Sewer Mains $ 23.25 per front foot 4" Service $777.16 each 8" Service $812.91 each Water 2" Services $ 799.91 each 4" Services $1,185.29 each 8" Services $1,602.60 each Curb and Gutter $ 2.97 per front foot Storm Sewer $ .05 per square foot It is recommended that the proposed assessment roll be adopted. 3. Mayor Murdock explained the procedures of the assessment hearings. 4. Mayor Murdock called for proponents. None were heard. 5. Mayor Murdock called for opponents. The following were heard: Mrs. Jean Coins, 1729 E. County Road D Mr. George Supan, 3050 Hazelwood Street Mr. John Arnal, 1990 E. County Road D Application for adjustments were received from: Clarence LaBathe, 1611 E. County Road D George Supan Mrs. Leonard Olson (Flodine - new owner) 3016 Hazelwood Avenue Richard Schreier Richard Hezelton, representing Burlington Northern Ronald Dettmer, 3062 Hazelwood Avenue Mr. Lloyd Sinn, 1655 E. County Road D - 9 - 9/15 6. Mayor Murdock closed the public hearing. 7. Councilman Greavu moved the assessment rate at $22.43 per front foot for County Road D and a wood Avenue based on the reason that the two prc and combined at the time of bid award_ Seconded by Mayor Murdock. Ayes - all. 8. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -185 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of County Road D Curb and Gutter as described in the files of the City Clerk as County Road D Improvement 74 -11 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1978 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, 1977. 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 hear- ing as provided for the assessments herein 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 improvement 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 429.051, to reimburse the City 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 Mayor Murdock. Ayes - all. - 10 - 9/15 9. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -186 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of County Road D - Hazelwood Utilities as de- scribed in the files of the City Clerk as Improvement No. 74 -11 and has amended such proposed assessment as it deems just, NOW, THEREFORE BE IT RESOLVED BY THE CITY 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 nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1978 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, 1977. 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 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 429.051, to reimburse the City 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 Mayor Murdock. 10. Councilman Greavu ect to s Seconded by Councilman Kent. Ayes - all. hat property used as R -1 and sewer with the remaining 2'-c Ayes - all. - 11 - 9/15 oot 11. Mayor Murdock moved to def service and an 8" water servic owned by Jean L. Coins, 1729 C policy. Seconded by Councilman Greavu. KIM .! Ayes - all. f. Northeast Area Streets Improvement 73 -13 9:00 P.M. bed as 5 a 2" water 1. Mayor Murdock convened the meeting for a public hearing regarding adoption of the assessment roll for Northeast Area Improvements No. 73 -13. The Clerk read the notice of hearing along with the dates of publication. 2. Engineering Services Coordinator Cass presented the specifics of the pro- posed assessment roll and how the rates were computed. The rates are as fol- lows: Sanitary Sewer Mains $ 20.51 per front foot 4" services $ 711.59 each 6" services $ 953.18 each 8" services $1429.28 each Water Mains $ 9.50 per front foot 1" service $ 475.13 each 1z" service $1659.61 each 2" service $1956.42 each 6" service $1421.78 each 8" service $3118.33 each Storm Sewer Residential $ .025 per square foot Commercial $ .05 per square foot 15" leads $ 308.03 each 18" leads $ 369.69 each 21" leads $.503.45 each 24" leads $ 652.25 each Streets Land Use RL $ 22.06 per front foot Land Use RM $ 44.12 per front foot Land Use LSC $ 88.24 per front foot 10' Driveway $ 169.50 each 11' Driveway $ 186.45 each 12' Driveway $ 203.40 each 14' Driveway $ 237.30 each 15' Driveway $ 254.25 each 16' Driveway $ 271.20 each 17' Driveway $ 288.15 each 18' Driveway $ 305.10 each 22' Driveway $ 372.90 each 24' Driveway $ 406.80 each 28' Driveway $ 474.60 each Sidewalk $ 1.93 per square foot - 12 - 9/15 3. Mayor Murdock explained the procedures for the assessment hearings. 4. Mayor Murdock called for proponents. None were heard. 5. Mayor Murdock called for opponents. The following were heard: Michael T. Hoekstra, attorney representing Mathilda Howlett Michael Welsch, 2036 E. County Road D Jack Hillstrom, representing Don Regan, Maplewood State Bank Bill Bruentrup, representing Herb Bruentrup Ray Rossbach, 2055 Radatz Road Dale Reed, 2014 Radatz Road Francis Trepanier, 2810 White Bear Avenue Bill Mikiska, 2001 Radatz Road Councilman Greavu moved to continue the meeting past the Midnight curfew. Seconded by Councilman Wiegert. Ayes - all. 5. Opponents (continued) Maplewood Plaza, 3000 White Bear Avenue 6. The following voiced their opposition either by letter or in person at the public hearing held on August 23, 1977 in regard to the adoption of Northeast Area Improvement No. 73 -13: (This hearing was ruled invalid as notice was not published for two weeks) Mr. Jerry Lindahl, 2245 Lydia, representing himself and Netnorlin, Inc. Mr. Scott Hutchinson, appraiser Mr. Ray Rossbach, Radatz Avenue Mr. John Daubney, attorney representing Mr. Edward Weyandt, 1984 Radatz Avenue Mr. Michael Welsh, 2036 E. County Road D Mr. Don Conklin, speaking for Mathilda Howlett, County Road D Mr. Bill Mikiska, 2009 Radatz Avenue Mr. Robert Hajicek, 1700 E. County Road D Mr. Don Regan, Maplewood State Bank Mr. Francis Trepanier, 2810 White Bear Avenue Mrs. Leslie Hause, 2090 E. County Road D Mr. David Sellergren, representing the Maplewood Plaza Mr. Richard Schreier, 2125 Desoto Street Mr. Robert H. Hajicek, 1700 E. County Road D The objections of that meeting are included in this meeting. 7. Mayor Murdock closed the public hearing. 8. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -187 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of Northeast Area Streets as described in the files of the City Clerk as Improvement No. 73 -13 and has amended such proposed assess- ment as it deems just; - 13 - 9/15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1978 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, 1977. 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 improvement 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 429.051, to reimburse the City 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. 9. Councilman Greavu introduced the following resolution and moved its adoption: 77 -9 -188 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of Northeast Area Utilities as described in the files of the City Clerk as Improvement No. 73 -13 and has amended such proposed assess- ment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. - 14 - 9/15 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, 1978 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, 1977. 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 City 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. 10. Adjustment Requests: a. Michael Welsch, 2036 E. County Road D. Councilman Greavu moved to defer the difference between mercial rates for storm sewer ($3,377.37) and for street property described as 57 00210 010 02 Michael Welsch, 2 subject to standard deferment Dolicv. Seconded by Councilman Wiegert. Ayes - all. b. Richard Schreier Assess as proposed. c. Robert Hajicek, 1700 E. County Road D Assess as proposed. d. Leslie Hause Assess as proposed. - 15 - 9/15 and com- ) for v Road D e. Mrs. Mathilda Howlett Assess as proposed. Instructed to apply for Senior Citizen Deferment. f. Maplewood State Bank Assess as proposed. g. Mr. Elmer M. Birkeland, 2015 Radatz Avenue Assess as proposed, h. Robert J. O'Dea, 1995 Radatz Avenue Assess as proposed. i. Mr. Donald Regan, Maplewood State Bank Assess as proposed. j. Mr. Edward Weyandt, 1984 Radatz Avenue Assess as proposed. k. Mr. Dale Reed, 2014 Radatz Avenue Assess as proposed. Staff to investigate easement. 1. Mr. Francis Trepanier, 2810 White Bear Avenue Assess as proposed. m. Mr. Ray Rossbach, 2055 Radatz Avenue Mayor Murdock moved to defer the difference ($1,184.48) between the cost of a 1" water service to a 1'z" water service for Code No. 57 00210 270 75 subject to the standard deferment policy. Seconded by Councilman Greavu. Ayes - all. n. Netnorlin, Inc. Assess as proposed. o. Herbert Bruentrup, 2980 White Bear Avenue Councilman Greavu moved to defer the cost difference between streets - med- ium to streets commercial ($29,119.20) for property Code No. 57 00210 080_ 3 owned by Herbert Bruentrup, subject to standard deferment policy. Seconded by Councilman Wiegert. Ayes - all. p. Lawrence Schroeder, Code No. 57- 00210 - 260 -75 Councilman Greavu moved to defer the cost difference between a 2" water service to a 1" water service ($1,481.29) for property Code No. 57 00210 08 30 owned by Lawrence Schroeder subject to the standard deferment Dolicv_ - 16 - 9/15 Seconded by Councilman Kent. Ayes - all. APPROVAL OF ACCOUNTS 1. Application for payment a. Manager Miller presented an application for payment that should have been included in the accounts payable for the Council meeting of September 8, 1977. Healy, Inc., is expecting payment soon; we thereby request that a special order be issued, instructing the Finance Director to make payment at the special meet- ing of September 15, 1977. b. Councilman Greavu Estimate No. 4 on the Seconded by Mayor Murdock. G. COUNCIL PRESENTATIONS None. H. ADMINISTRATIVE PRESENTATIONS None. I. ADJOURNMENT 1:07 A.M. staff to issue Ayes - all. 'City/Clerk - 17 - 9/15 Inc. for