HomeMy WebLinkAbout4I, Adopting and Confirming Special Assessment for Abatement of Public Nuisance�
EN HILLS
Request for Counci� Action
Prepared By: _�.�_ T ��" __..�_.
Sue Iverson, Finance Director
Pang Silseth, Accounting Clerk Council Meeting Date: December I3, 2010
Adopting and Confrming S�ecial Assessmen� far Abatement o� Pub�ic Nnxsance
Budgeted Amount: Actual Aznount: Funding �ource:
N/A N/A NIA
Recommendation:
Motion to apprave Resolution 2010-063: Adopting and Confirming Special Assessment for Public
Nuisance Tree at 3223 Lake Johanna Boulevard, ResoIution 2010-074: Adopting ar�d Confirming
Special Assessment for Excessive Vegetative Growth at 1960 County Road E2, and Resolution 2010-
075: Adopting and Con�zxning Special Assessment for Excessive Vegefiative Growth at 4108 Valentine
Crest Road.
Su ortin Documents:
L Memorandum dated December 8, 2D 10 from Sue Iverson, Finance Director and Pang Silseth, Accounting
Clerk
2. Resolution 2010-Ob3
3. Reso�ution 2010-074
�4. ResoIution 2010-075
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EN HILLS
MEMORANDUM
DATE: December 8, 2010
TO: Honorable Mayor and City Council Members
Patrick K.laers City Administrator
FROM: Sue Tverson, Finance Director C�`f
Pang Silseth, Accounting Clerk
SUBJECT: Certification of Special Assessments for Abatements to Ramsey Couniy
Back�round:
Earlier �his year, the City Council approved the abatement of the �ollowing properties for public
nuisance.
Propert,�dre�s Natu�re af Abaternent
3223 Lake Johanna Boulevard ..........Public Nuisance Tree
4i08 Valentine Crest Road ................Excessi�e Vegetative Growth
1960 County Road E2 ........................ Excessive Vegetative Growth
Discussion•
The City has n.ot received payment �or the abatement costs at the above rr�entioned properties. It
is requested that the Council authorize the transmission of the abate�nnent costs, including
adminisirative fees to Ramsey County to be l�vied against those properties and payable in 2011.
Recommended Act�on:
Motion to appra�e Resolution 2010-063: Special Assessment for abatezx�ent of public nuisance
t�ee at 3223 Lake Johanna Boulevard; Resoluiion 2010-074: Special Assessment for abatement
of excessive vegetative growth at 1960 County Road E2; and Resolution. 2010-075: Special
assessment far abaiem�ent for excessive vegeta.tive growth at 4108 Valentine Crest Road.
P:1FinancelAccouncing ClerklUtitity SillinglDelinquent Certification12010 De[inquentlCauncil Memo Abatemenk.doc
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� EN HILL5
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CYTY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NU. 2010-063
RESOLUTION ADOPTYNG AND CQNFIRMING SPECIAL ASSESSMENT FOR
ABATEMENT OF PUSLIC NUI�ANCE TREE AT 3223 LAKE JOHANNA
BOULEVARD
PID: 333023340020
Legal Description: The east 2i7.8 feet of the south 100.0 feet of the north 1576.0 feet of the
southwest quarter of Section 33, Township 30, Range 23; except the east 33 feet therof for
Lake Johanna Blvd.
WHEREAS, the amount to be specially assessed for THIS PUBLTC NUISANCE
TREE has been duly calculated in accordance with the provisions of the Municipal Code and
Minnesota StatutEs; and
WHEREAS, notices have been duly mailed as required by law; and
WHEREAS, tl�e property owner acicriowledges that it has received, reviewed and
understands the provisions of the Shade Tree Regulations {City Code 710.12); and
WHEREAS, the property owner waives any further notices or hearing which it may
otherwise be entitled io pursuant to the Shade Tree Regulations.
WHEREAS, the property owz�er authorized the City to remove and dispose of the Elm
Tree pux,suani to ihe Shade Tree Regulations for a cosi of $660.49.
The amounis so calculated and set forkh in said notices are hereby Ievied against
the respective parcel of land described therein; and
2. The proposed assessment is hereby adopted and confirn�ed as a special
assessment for this parcel of Iand and the assessment shall be paid in ihree equal
annual installments of principal and shall bear interest at the rate of 4.5% from the
date of the adoption of the resoluiion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Arden
Hills, Minnesata, that the City Administrator be autharized and directed to trarismit to the
Caunty Auditor a certified duplicafe of the assessnraent roli to be extended upan the property tax
lists of the County, and the Count� Auditax shall coilect said special assessments with taxes
Ie�ied in 2010, payable in 20i 1, 2012, 2013.
ADOPTED BY THE CITY C�UNCIL OF THE CITY OF ARDEN HYLLS THIS
13th DAY OF DECEMBER, 2010.
ATTEST:
PATRICK KLAERS, CITY ADMINISTRATOR
Certification:
STATE OF MINNES4TA)
COUNTY OF RAMSE�
CITY OF ARDEN HILLS)
STANLEY HARPSTEAD, MAYOR
I hereby certffy that Resolution No. 2010-063 is a true and correct copy presented to and adopted
by tY�e City Council of the City of Arden Hills at a meeting thereof held in the City of Arden
Hills, Rarnsey Caunty, Minnesota, on the 13�' day of December, 2010.
Patrick Kiaers
Ciiy Administrator/City Clerk
0
DISEASED TREE
ABATEMENT AGREEMENT
1.0 Parties. This Diseased Tree Abatement Agreeznent ("Agreement") is entered irzto by and
between the City of Arden Hills, a Minnesota statutory c�ty ("City"); and Michael D.
3ohnson and Lisa D. Johnson (coIlectively "Johnson"}.
2.0 Recital,s.
A. Johnsan is the fee owner af residentzally zoned pr�perty located at 3223 Lake
�ohanna Blvd., Arden HiIls, MN {"Property") which is legally described as
fallows:
The east 2I 7.8 feet of the south � 00.0 feet of the north
1576.0 feet of the southwest quarter of Section 33,
Township 30, Range 23; �xcept the east 33 feet thereaf for
Lake Johanna Blvd.
B. The remains of a dis�ased Dutch Elm tree {"Elm Tree"} as shown on Exhibit A
attached, is located on the Property.
C. Pursuant to the provisions of the A.�den Hil�s City Code §710.12 and its
subdivisions {"Snade Tree Regulations"}, the EIm Tree is declared a public
nuisance which needs to be abated.
D. 3ohnson ha.s requested that the City remove #he Elm Tree and assess the cost of
removal against ihe Property.
3.0 Terms. Tn consideration of the mutual undertakings herein expressed, the parties agree
as follows:
A. �ohnson Ac�owIed e�nent. Waivers ar�d Re uests.
1. Johnson acicnowledges that �t has reeeived, re�Tiewed and unders�ands the
provisions of the Shade Tree Reguiations.
2. Johnson, fox itself and its heirs and assigns:
a. Waives any further natices or hearings whicl� it may ot�erwise be
entitled ta pursuant to the Shade Tree Regulations.
b. Requests the City to remove the EIm Tree and dispose of the Elm
Tree pursuant ta the provisions of the Shade Tree Regulations.
c. Authorizes #he City and its agents, cantractors and err�p�oyees to
enter upon the Property for the purpose of removing and disposing
of the Elm Tree; provided that the City gives Johnson at Ieast two
Q
(2) days advance notiee of its intent to enter upon t�e Property for
such purpose.
d. Assess all aetual cost incurred by the City for the remaval and
disposaI of the Elm Tree. Current estimated cosi for iree removal
and dispositian is $660.49.
B. Citv's Responsibilities.
l. On ar before the 15i c�ay of Decernber, 2010, the City or its cantractors
shal� reznove the Elm Tree from the Property.
2. Upon completio� of the remaval and dis�osal of the Elm Tree fram the
Pro�erty, the City Cauncil shaIl adopt a reso�ution directing tl�e Ra.msey
County Au�itar to assess the Property for the cost acEually incurred by the
Ciry to remove the E�rr� Tree. The assessment shall be paid in three (3)
equal annuai instaltments and shall bear interest at the rate of 4.5% fro�n
the date o� the adoption of the resolution. The first instaliznent shall be
d�ae and payable in 2011.
4.0 Itestoration of Pro er . Johnson shail be responsible �'or � estoring the Property after
the Elm Tree has been removed.
5.4 Le�al Document. This Agreement is a legaliy binr�ing docuznent and each of the parties
has had an opportunity to review zts terms with legal cou�sel.
2
iN WITNESS WI�EREOF, �e above-narned parties have hereunto set their hands_
CYTY QF ARDEN�
a �1�esota sta tory city
ATTEST:
S
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Patrick Klaers, City Administrator
STATE OF MINNESOTA )
_ ) ss.
COUNTY OF {
4n this � ciay oi , 20I0, befare me, a notary pubIic witl�in and for said
county, personally appeared Stanley Harpstead and Patrick Kiaers, to me known to 6e
respective�y the Mayor and City Administrator of the City of Arden Hil�s, and they exec�ted the
foregoing instru�nent and acknowtedged that they executed the same by authority of and on
behalf of City of Arc�en Hills.
,�___--____
Notary 1'�blic
SHERRE ANN EIS�IBRAUM
�ry P�Itc
� . A�iy Co+nmie�ian� . �1. 20!
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Michae� D. Tohnson
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�� 11��- � �� �� �
. � t ;
STATE OF MINNESOTA }
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COLTNTY OF .-r��
On this �°day of (�i/�rn 20�0, befare me, a nota.ry pub�ic witl�in and
for said co�nty, personaily appeared Michael D. Iohnson and Lisa D_ Johnson, husband and
wife, have executed the foregaing Agreement and acknowledged the same.
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Notary Publie
pAMEU4.�. SVVEENEY
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� � �y �� Jan. Jt, 2EF15
r�-den ]-Ii11s1Agree�nentslAH-Johnson.v6.doc
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�I�EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2010-074
RESULUTION ADOPTING AND C4NFIRMING SPECIAL ASSESSMENT FOR
ABATEMENT OF EXCESSIVE VEGETAT�VE GROWTH AT 1960 COUNTY ROAD EZ
PID: 283023320026
Legal DescriPtian: Lot I, Block 1, Munson Subdivisian
WHEREAS, fihe arnount to be specially assessed for THYS PUBLIC NUISANCE
TREE has been duly calculated in accordance with the provisions of ihe Municipai Code and
Minnesota Statutes; and
WHEREAS, notices have been duly rnailed as required by law; and
WHEREAS, the Property owner did not respond to the Violation Notice or otherwise
rernove the excessive vegetative grovvth; and,
WHEREAS, on the 12�" Day of July, 2010, the City Council conducted a heaxing;
considered the comments made by parties who wished io be hea�rd; and �etermined, based upon
#he evidence pr�sented, that the excessive vegeta#ive growth o�n the Property was a public
nuisance as defined by Arden Hills City Regulations.
WHEREAS, the City Council authorized the City to cause the excessive vegetative
growth to be removed and disposed af, and and to charge the property owner for 125% of the
cost o� abaternent, including administxative costs.
The amounts so calculated and set forth in said notices are hereby Ievied against
the respective parcel a� land described therein; and
2. The praposed assessment is hereby adopted and confirmed as a special
assessment for this parcel of land and the assesszx�ent sha11 bear interest at the xate
of 4.5% from the date o� the adoption of the resalution.
NOW, THEREFORE, SE IT RESOLVED by fhe City Council of the City o� Ard�n
Hills, Minnesoia, that the City Administraior be authorized and directed to transmit ta the
County Auditor a certified duplicafie of the assessmeni roll to be extended upon ihe property t�
lists of the County, and the County Auditor shall collect said special assessments with taxes
levied in 2010, payable in 2011.
ADOPTED BY THE CITY COUNCIL UF THE CITY OF ARDEN H�LLS THIS 13�"
DAY OF DECEMBER, 2010.
Stanley D. Harpstead, Mayor
ATTEST:
Patrick HIaers, City Adminisfrator
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�.�EN HYLLS
CITY 4F ARDEN HILLS
COUNTY OF RAMSEY
STATE UF MINNESOTA
RESOLUTION NO. 2010-475
RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENT F4R
ABATEMENT OF EXCESSIVE VEGETATIVE GROWTH AT 4108 VALENTINE
CREST ROAD
PID: 21.3023430004
Legal Description: Haule Addition, Lot 6, Elock I
WHEREAS, �he amount to be specially assessed far THYS PUBLIC NUISANCE
TREE has been duly calculated in accordance with the provisions af ihe Municipal Code and
Min.nesota Statutes; and
WHEREAS, notices have been duly zx�ailed as required by law; and
WHEREAS, the Property ovvner did n.ot respond to ihe Violaiion Notice or oth.erwise
remove the excessive vegetative growfh; and,
WHEREAS, on the 12�' Day af July, 2010, �lie Ciiy Council conducted a hearing;
considered �he co:mments made by parties who wished to be heard; and detezmined, based upon
the evidence presented, that the excessive vegetaii�ve growth on the Properiy was a public
nuisance as defined by Arden Hills City Regulations.
WHEREAS, the City Council authorized the City to caus� the excessive vegetati�e
growth to be removed and disposed o�, and and to charge the property owner �or 125% of the
cost of abatement, including administrative costs,
L The axr�ounts �o calculated and set farth in said notices are hereby levied against
the respective parcel o� land described therein; azid
2. The proposed assess�ent is hereby adopted and confirmed as a special
assessment far this parcel of land and the assessment shall bear interest at the rate
of 4.5% from the date of the adoption of the resolution.
NOW, THEREFORE, BE IT RESOLVED by �he City Council af the City of Arden
Hills, Minnesota, that the City Administrator be a�thorized and directed to transmit to the
County Auditor a certified duplicate of the assessment roil to be extended upon the property tax
lists of t.�e Coi.u�ty, and the County Auditor shall callect said special assessments with fiaxes
levied in 2010, payahle in 2011.
ADOPTED BY THE CrTY COUNC�L OF THE CTTY OF ARDEN HILLS THYS 13�h
DAY OF DECEMBER, 2Q10.
Stanley D. Harpstead, Mayo�r
ATTEST:
Patrick Klaers, City Administrata�