HomeMy WebLinkAbout08.09.79 SMMINUTES OF MAPLEWOOD CITY COUNCIL
6:30 P.M., Thursday, August 9, 1979
GLADSTONE COMMUNITY CENTER
MEETING NO. 79 -20
A. CALL TO ORDER
A special meeting of the City Council of Maplewood, Minnesota, was held in the Gladstone
Community Center, Frost Avenue and Manton Street and was called to order at 6:30 P.M. by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Burton A. Murdock, Councilman Present
Earl L. Nelson, Councilman Present
Donald J. Wiegert, Councilman Present
C. PUBLIC HEARINGS (Assessments — Public Improvements)
1. 1978 Diseased Shade Tree Removal, Project 78 -6 6:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the
assessment roll for the 1978 Diseased Shade Tree Removal Project 78 -6. The Clerk noted
the publication dates of the hearing notices.
b. Manager Evans presented the staff report and recommended adoption of the assessment
roll as submitted.
c. Mayor Greavu explained the procedures of the assessment hearing. Forms are available
for anyone wishing to appeal the assessments.
d. City Attorney John Bannigan stated he had reviewed the public hearing procedures and
found the hearing was properly called.
e. Mayor Greavu called for proponents. None were heard.
f Mayor Greavu called for opponents. None were heard.
g. Director of Public Works Bittner presented requests for revisions of the assessments.
1. Edward and Kathleen Schones, 1709 E. County Road B, disputed the amount
charged for 18" trees.
An adjustment to assessment has been made reflecting fact owners cut down tree. City
contractor removed the wood from site.
2. Lawrence Mraszak, 2147 E. Larpenteur Avenue, stated oil spill from contractors
machine has killed grass.
Corrective measures are being taken to replace sod.
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3. C. J. Rosell, Hillcrest Animal Hospital, stated he did not receive ade-
quate time to remove tree.
State Law required diseased trees be taken down within 20 days of identifi-
cation. The City program allows 7 days for the property owners to remove
their trees. Contract is assigned after 7 day period. The City does allow
extra time where owner shows good faith effort in removing trees.
h. Mayor Greavu closed the public hearing.
I. Councilman Anderson introduced the following resoltuion and moved its adoption:
79 -8 -210
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 removal of diseased trees as described in the files of the City Clerk
as Shade Tree Control Program Improvement No. 78 -6 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-
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 five (5) years, the first of the installments to be payable
on or after the first Monday in January, 1980 and shall bear interest at the
rate of eight (8) 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, 1979.
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 extension 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 429.101 and 18.023 Subdivision 6 to reimburse the City
by adding any portion of the cost so paid to the assessments levied for any
of such later extension or improvement.
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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. Roselawn Booster Station, Project 75 -16 - 6:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the assessment roll for Roselawn Booster Station Project 75 -16. The Clerk
noted the dates of publication for the hearing notices.
b. Director of Public Works Bittner presented the specifics of the assessment
and how the rates were computed. The rates are as follows:
$450.00 per acre.
It is recommended the assessment roll be adopted.
C. City Attorney Bannigan stated he had reviewed the hearing procedures and
found the hearing was properly called.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Wayne Sether, representing his mother, Mrs. W.H. Sether, 471 E. Roselawn
Avenue;
Mr. Robert Swunehart, 2112 Bradley Street, read a letter from Mr. Bill
Sievers, 2106 Bradley Street;
Mr. Walter Sitko, 359 E. Lark Avenue;
Mrs. Claire Healy, 375 E. Roselawn Avenue;
Mr. Dominik Schneider, 443 E. Roselawn Avenue.
f. Director of Public Works Bittner presented the following appeals of the
assessments:
Mr. Michael Mandell, 500 E. County Road B, Parcel No. 240
Mr. Marlo Dahl, 2103 McMenemy Road;
Mr. Edwin H. Chun, Parcel No. 299;
Mr. Dominik J. Schneider, 443 E. Roselawn, Parcel No. 63
Mrs. Albin Oscarson;
Mrs. Frank Ferritti, 426 E. Co. Road B, Parcel No. 154
Senior Citizen Deferment form sent;
Mr. & Mrs. Walter Littlefield, 1986 McMenemy, Parcel No. 48;
Mr. Herbert Toenjes, Sr., 1966 McMenemy, Parcel No. 49, 52 & 53;
Mr. and Mrs. Thomas DeCorsey, 2080 Bradley Street, Parcel No.
Mr, and Mrs. Kennard Ward, 353 E. Roselawn Avenue;
Council took no action.
g. Mayor Greavu closed the public hearing.
h. Councilman Wiegert moved to
DeSoto Street to Edgerton Street
nrnnerries on Roselawn Avenue be
120 foot death o
ties on Roselawn
ent roll and to
ad to Desoto Str
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ust
Seconded by Councilman Murdock. Ayes - all.
i. Councilman Wiegert introduced the following resolution and moved its adoption:
79 -8 -211
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 the Roselawn Avenue Booster Station 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 MAPELWOOD, 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, 1980 and shall bear interest
at the rate of eight (8) 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,
1979. 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 assessment 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 Murdock. Ayes - all.
3. McKnight Road Sewer and Water Project 77 -10 - 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the assessment roll for McKnight Road Sewer and Water Project 77 -10. The
Clerk noted the dates of publication of the hearing notices.
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b. Director of Public Works Bittner presented the specifics of the assessment
roll and how the rates were computed. The rates are as follows:
Sanitary Sewer Mains
Sanitary Sewer Services
Watermains
Water Services
$ 33.48 per front foot;
593.86 each
13.50 per front foot
704.02 each
It is recommended the assessment roll be adopted.
c. City Attorney Bannigan stated after reviewal of procedures the hearing is
duly called.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
City Attorney Bannigan read a statement from Garet M. Bros, 850 So.
McKnight Road.
f. Director of Public Works Bittner presented the following appeals of the
assessments:
Mr, and Mrs. Karl Maidment, 824 So. McKnight Road, Parcel No. 4 and 4A.
Council took no action.
g. Mayor Greavu closed the public hearing.
h. Councilman Wiegert introduced the following resolution and moved its adoption:
79 -8 -212
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and heard and passed upon all objection to the proposed assess -
ment for the construction of McKnight Road Sewer and Watermains and services
as described in the files of the City Clerk as Improvement No. 77 -10 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, 1980 and shall bear interest
at the rate of eight (8) 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,
1979. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
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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 extension 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 Anderson.
Ayes - all.
4. County Road B Sewer and Water, Project 78 -8 - 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the assessment roll for County Road B sewer and water improvement Project No.
78 -8. The Clerk noted the dates of publication of the hearing notices.
b. Director of Public Works Bittner presented the specifics of the assessment
roll and how the rates were computed. The rates are as follows:
Sanitary Sewer Mains
Sanitary Sewer Services
Watermains
Water Services
$ 24.71 per front foot;
402.35 each
13.50 per front foot
669.70 each.
It is recommended the assessment roll be adopted.
c. City Attorney Hannigan stated he had reviewed the procedures and the hearing
was legally called.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilman Wiegert introduced the following resolution and moved its adoption:
79 - 8 - 213
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 water mains and services as described in the files
of the City Clerk as County Road B Improvement 78 -8 and has amended such proposed
assessment as it deems just;
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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, 1980 and shall bear interest
at the rate of eight (8) 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,
1979. 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 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.
5. McKnight Road T.H. 36 - Lydia, Project 77 -1 - 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the assessment roll for McKnight Road - T.H. 36 to Lydia Improvement Project
No. 77 -1. The Clerk noted the dates of publication for the hearing notices.
b. Director of Public Works Bittner presented the specifics of the assessment
roll and how the rates were computed. The rates are as follows:
Concrete Curb, Gutter, Sidewalks - $712.66 each lot.
c. City Attorney Bannigan stated he had reviewed the proceedings and found the
hearing legally called.
d. Mayor Greavu called for proponents. None were heard.
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e. Mayor Greavu called for opponents. The following were heard:
Mr. Young, 2254 Beam Avenue.
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson introduced the following resolution and moved its adoption:
79 -8 -214
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and heard and passed upon all objection to the proposed assessment
for the construction of curb, gutter and sidewalks on McKnight Road as described
in the files of the City Clerk as Improvement No. 77 -1 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, 1980 and shall bear interest at the
rate of eight (8) 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,
1979. 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
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 Mayor Greavu. Ayes - all.
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6. Mailand Road Booster Station, Project 76 -7A - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the assessment roll for the Mailand Road Booster Station Improvement Project
76 -7A. The Clerk noted the dates of publication of the hearing notices.
b. Director of Public Works Bittner presented the specifics of the assessment
roll and how the rates were computed. The rate is as follows:
$450.00 per acre.
It is recommended the assessment roll be adopted.
C. City Attorney Bannigan stated he had reviewed the proceedings and found the
hearing legally called.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mr. John Severance, 2320 Mailand Road;
Mr. Marlin Grant, representing Marvin Anderson Construction.
f. Director of Public Works Bittner presented appeals of the assessments:
Mr. Jack Wade, 469 Mary Street, Parcel No. 111
Ms. Mary Jane Miklas, Parcel No. 190.
No action taken.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson introduced the following resolution and moved its adoption:
79 -8 -215
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 Mailand Road Booster Station as described in the files
of the City Clerk as Improvement No. 76 -7A 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 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, 1980 and shall bear interest
at the rate of eight (8) 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,
1979. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
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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 overin the same manner as
other municipal taxes.
Seconded by Councilman Murdock. Ayes - all.
7. Mailand Road Improvement Project 76 -7 8:00 P.M.
8. Londin Lane Improvement Project 71 -12 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the assessment roll for Mailand Road Improvement Project 76 -7 and London Lane
Improvement Project 71 -12. The Clerk read the dates of publication of the hearing
notices.
b. Director of Public Works Bittner presented the specifics of the assessment
roll and how the rates were adopted. The rates are as follows:
Sanitary Sewer Mains
Sanitary Sewer Services
Water Mains
Water Services
Streets
Driveways
Storm Sewer
$ 9.91 per front foot
334.91 each
13.50 per front foot
562.65 each
38.91 per front foot
298.53 each
.025 per square foot
It is recommended that the assessment roll be adopted.
C. City Attorney Bannigan stated he had reviewed the proceedings and found the
hearings legally called.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mrs. John Severance, 2320 Mailand Road;
Mr. F.W. Krinkie, 504 S.McKnight Road;
Mrs. F.W. Krinkie, 504 So. McKnight Road;
Mr. John Kirby, 2488 Mailand Road;
Mr. Philip Krinkie, 504 So. McKnight Road.
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f. Director of Public Works Bittner presented the following appeals of the
assessment.
Ms. Mary Jane Miklas, Parcel No. 18.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson introduced the following resolution and moved its adoption:
79 -8 -216
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 Mailand Road Street and driveways as described in the
files of the City Clerk as Improvement No. 76 -7 and has amended such proposed
assessment as it deems just;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MIN14ESOTA:
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-
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 nine (9) years, the first of the installments to be payable on
or after the first Monday in January, 1980 and shall bear interest at the rate
of eight (8) 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, 1979. 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 Nelson. Ayes - all.
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h. Councilman Anderson introduced the following resolution and moved its adoption:
79 -8 -217
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 construction of utilities on Mailand Road and Londin Lane as described
in the files of the City Clerk as Improvements No. 76 -7 and 71 -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 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, 1980 and shall bear interest
at the rate of eight (8) 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,
1979. 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 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 Nelson. Ayes - all.
D. ADJOURNMENT
8:58 P.M.
i
Ci.ty Clerk
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