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HomeMy WebLinkAbout08-22-78 SMMINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Tuesday, August 22, 1978 Council Chambers, Municipal Building Meeting No. 78 -22 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 Greavu. The meeting for public hearings for adoption of assessments was scheduled for August 15, 1978, but due to the length of time for discussion of the Water Improvement 75 -16 project, the public hearings were rescheduled for August 22, 1978. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Roger F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARINGS 1. Assessment - Project 74 -15 - Edgerton and County Road B a. Mayor Greavu convened the meeting for a public hearing regarding adoption of of the assessment roll for Edgerton and County Road B Improvement 74 -15. Director of Public Works Bittner read the notice of hearing along with the dates of public- ation. b. Acting Manager Blank presented the staff report. c. Director of Public Works Bittner presented the specifics of the proposed assessment roll and how the rates were computed. The rates are as follows: Storm Sewer - Residential (R -1) $.025 per square foot Commercial .05 per square foot. It is recommended the assessment roll be adopted. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Dwight Jessup, 625 E. Co. Rd. B; Mr. Doug Hadrek, 2136 Bradley Street; Mr. Bob Swinehart, 2112 Bradley Street; Mr. Rod Cennus, 2124 Bradley Street; Mr. Bill Sivers, 2106 Bradley Street. - 1 - 8/22 f. Mayor Greavu closed the public hearing. g. Councilman Wiegert introduced the following resolution and moved its adoption: 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 Edgerton- County Road B Storm Sewer as described in the files of the City Clerk as Improvement No. 74 -15 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 consitiute the special assessment against the lands 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, 1979 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, 1978. To each subsequent installment when due shall be added interest for one year on all un- paid 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 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 improve- ments 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 Anderson. Ayes - all. 2. Assessment - Project 76 -3 - Carver Avenue - 2 - 8/22 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of assessments for Carver Avenue Improvement 76 -3. Director of Public Works Bit - tner read the notice of hearing along with the dates of publication. b. Acting Manager Blank presented the staff report. c. Director of Public Works Bittner presented the specifics of the proposed assess- ment roll and how the rates were computed. The rates are as follows: Water Mains 13.50 per front foot 1" service 327.49 each Sanitary Sewer 4" services 348.57 each It is recommended that the assessment roll be adopted. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Ambrose Ledo, 2510 Carver Avenue Ms. Irene Gonsogowski, 2575 Carver Avenue (did not get assessed, but objects to the wording on the hearing notice) Mr. Gerald Miller, 2405 Carver Avenue. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 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 McKnight Road Carver Avenue Water and Sanitary Sewer Ser- vices as described in the files of the City Clerk as Improvement No. 76 -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, 1979 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, 1978. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 3 - 8/22 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 intenetion of the Council, as authorized by Minnesota Statutes Sec- tion 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 - all. 3. Assessment - Project 74 -18 - County Ditch 17 a. Mayor Greavu convened the meeting for a public hearing regarding adoption of assessments for County Ditch 17 Project 74 -18. The Clerk read the notice of hear- ing along with the dates of publication. b. Acting Manager Blank presented the staff report. c. Director of Public Works Bittner presented the specifics of the assessment and how the rates were computed. The rates are as follows: Storm Sewer Residential (R -1) $.025 per square foot Commercial $.05 per square foot It is recommended that the assessment roll be adopted. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Frank McGinley, 2044 Prosperity Road Mr. James Tansey, 1684 Frost Avenue Mr. Joe Palmer, 1893 Kennard Street Mr. Dennis Schneider, 1894 Maryknoll Mr. Roger Krummel, 1638 Frost Avenue Mrs. Louise Salwasser, 1653 Frost Avenue Mr. Jack Apman, 1904 Maryknoll Mr. Leon Allen, 1928 Kennard Mr. Shu Mu Hwang, 2010 E. County Road B Mr. W. F. Frantz, 1750 Burke Avenue Mr. Curt Jones, 2128 Prosperity Road. - 4 - 8/22 f. Mayor Greavu closed the public hearing. g. Councilman Anderson introduced the following resolution and moved its adoption: 78 -8 -170 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 Ditch No. 17 Storm Sewer as described in the files of the City Clerk as Improvement No. 74 -18 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, 1979 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, 1978. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby delcared 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 improve- ments are made, but which are not herein assessed therefore, it si hereby de- clared 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 - all. h. Councilman Anderson introduced the following resolution and moved its adoption: 78 -8 -171 RESOLUTION DIRECTING STAFF TO INVESTIGATE CITIZEN COMPLAINTS REGARDING DESIGN AND CONSTRUCTION OF COUNTY DITCH 17 STORM WATER RELIEF SYSTEM (Proj. 74 -18) - 5 - 8/22 BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minn- esota, as follows: WHEREAS, at the hearing on the Assessments for the County Ditch 17 storm water relief system, Maplewood Project No. 74 -18, certain complaints were received by the Council regarding the design and construction of the project; and WHEREAS, the Council desires to investigate the adequacy of the design and the necessity for repairs; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, that the Maplewood City staff, and in particular its Engineer and Attorney be, and hereby are, authorized to initiate such investigations as are necessary to determine the adequacy of the design of the project for the purposes intended and to further investigate and determine whether said project was construct- ed in a acceptable and workmanlike manner. BE IT FURTHER RESOLVED, that the staff is specifically authorized and directed to report back to the Council as soon as possible its preliminary findings so that additional direction might be given and authority obtained, if necessary to retain independent consultants experts in the respective fields necessary to establish failure of design or inadequacy of construction. BE IT FURTHER RESOLVED, that the staff be prepared to recommend to the Council such repairs as may be necessary in order to correct the inadequacies alleged by the citizens who attended the hearings on the assessments herein. Seconded by Councilman Fontaine. Ayes - all. 4. Assessment - Project 73 -9 - Conway Avenue Improvements' a. Mayor Greavu convened the meeting for a public hearing regarding adoption of the assessment roll for Conway Avenue Improvement No. 73 -9. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Blank presented the staff report. c. Director of Public Works presented the specifics of the assessment roll and how the rates were computed. It is recommended the assessment roll be adopted. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Bob Ownes, 3M Company f. Mayor Greavu moved to reduce 3M Company's assessment by $183,000.00 with 583.000 to be from GO Funds and $100.000 from State Aid Funds. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Anderson, Fontaine, and Nelson. Nays - Councilman Wiegert. g. Mayor Greavu introduced the following resolution and moved its adoption: - 6 - 8/22 78 -8 -172 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 water mains and services as described in the files of the City Clerk as Conway Avenue Improvement 73 -9 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. 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, 1979 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, 1978. 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 servded by the improvement when one or more later extensions or improve- ments are made, but which are not herein assessed therefore, it is hereby de- clared 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 Anderson. Ayes - all. h. Mayor Greavu introduced the following resolution and moved its adoption: 78 -8 -173 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 street, curb and gutter and driveways as described in the files of the City Clerk as Conway Avenue Improvement 73 -9 and has amended such - 7 - 8/22 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, 1979 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, 1978. 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 improve- ments 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 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 Anderson. Ayes - all. Mayor Greavu called a 5 minute recess at 10:40 P.M. Mayor Greavu reconvened the meeting at 10:45 P.M. 5. Assessment - Project 75 -16 - Area Water Improvement (continued from August 15, 1978) a. Mr. Kent Lande, Kirkham, Michael and Associates answered questions regarding the water mains and water tower installed as Project No. 75 -16. b. Councilman Anderson intr (adopting assessment roll as resolution and moved its adoption: - 8 - 8/22 78 -8 -174 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 water mains and water storage tank as described in the files of the City Clerk as Improvement No. 75 -16 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 assess- ment 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, 1979 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, 1978. 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 improve- ments are made, but which are not herein assessed therefore, it is hereby de- clared 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 Nelson. D. ADJOURNMENT 11:23 P.M. Ayes - Mayor Greavu, Councilmen Anderson, Nelson and Wiegert. Nays - Councilman Fontaine. - 9 - City Clerk 8/22