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HomeMy WebLinkAbout73-033 ",," .. . . . . :?;-~~j Extract of Minutes of Meeting of Village council Village of Arden Hills Ramsey county, Minnesota Held September 6, 1973 Pursuant to due call and notice thereof a special meeting of the Village council of the Village of Arden Hills. Minnesota, was duly held in the Village Hall in said Village on Thursday, the 6th day of September, 1973, at 7:00 o'clock p.m. The fOllowing members were present: Mayor Crepeau and Councilmen Olmen, Bollenhorst, Cricht.on anCl Herrick and the following were absent: None Also in attendance were: Charlot.te MeNiesb, village Clerk Administrator, Don LunCl of Banister, Short, Blliott, Hendrickson & ASSOCiates, village consulting engineers, and Peter S. Popovich of Peterson & popovich, Village bond consultants. The Village Clerk Administrator presented an affidavit showing publication of notice of hearing on the proposed assess- ment for Street Improvement No. 72-3 in the New Brighton Bulletin on August 16, 1973. which affidavit was examined. found satisfactory, and ordered placed on file. The Clerk Administrator also exhibited a Certificate of Mailing Notice of Rearing. to all affected property owners. The Mayor anunounced that the meeting was open for consid- eration of objections, if any, to said proposed assessment. . . . . All persons present were then given an opportunity to preeeDt oral objections, and all written objections theretofore filed with the Village Clerk Administrator were presented and con- sidered"and all such objections were tabulated as follows: MIll. L~--:S He OOJIlUoD, 4125 .::r... C1z'cle. II'U. water probl_ 1a h1a dr1ftWay that be th1Dka 1IhoQ1d . CICIIn'edtecI .fon tblI ....~ta are fiDaU..d. I'Urtbllr iluUcat.e4 that tblI oOll8tnot1ClD en:= that cauMd h1. water prOblea wlll coat .dcI1t1oaa1 .rMty to . Cloz-.reeted and tblI .4cU.U.oaa1 amount 1Ihoq1d be nfleeted ill M. ..._17 r..t v:wm will u1t."'-tely be paW by tblI fomu Q'lfM:r-4e_1oper of tblI pz'OpUty. MIll. UCIIUJ) IOBU, 4117 Gale c1z'cl.. ... ~ ... prabla. '1'be berI8 &Cr". h18 dr1waway dele.'t keep tM water out of t:hlI drl"...y. lald be U1Dlc8 it'. . du1gD IIIUS CClIIIet.nClt1Oft pralblea IIIUS be 1Ihou1dD't ha_ t.o pay lUl ..._V-..t. for . ~oadway that be CllUl't .... MIll. 1.0.. D.U8, ill proc... of bulld1R9 . ~ .t 4127 Gale Circle. laW be w111 haw t:hlI ... problea that Mr. Myer. ba.. '1'be water Cf*a. frea P1or.1 Dl'i_ to tM wa8t .ide of Gale circ1. aD4 WbaD be caaplete. h18 driftW&y tM water w111 ~ throu9h hi. driftWay, &Cr". U. YtU:d and 1Dto Mr. Myer.' yard. MIll. ...08 of Act1ClD Propert1e., 8.. 1feat. COQIlty IlOad D, ... arightOft. If tM ....~Un1: roll 18 c:er1:U1ed to tM ClOaIlty, how would . P&'operty owatr ever get. an .dju.. .t Oft b1a ...._.t U an en:or bad been _de. Mr. PCpOV1Gh explained tM P&'oaecIun of golD9 to D18tr1Gt CCNrt aD4 .ho the _pp1 tal.... -rat P&'OCllIcIure. Mr. .....(Me 8Ufte8tecl that perllllp. t1Ie COIlDCll1 or eft91wter 1Ihoq14 look .t .... of ~ parcel. of propany beloN tM .....WlI .1: roll 18 fiDal. D. ..... S. 070_011, 1tO\It:e 3, BOx l6, oru4 MpU., Mt_llOta. Po.a:.er1y owned the proparty an wh1ch .::r_. Circle i. pl.tted. .. 8014 tM lot. w1th tM \lDd8r8tand1D9 that 11: wa. hi. n....1biUty to haw tM road blacktopped. .. ha4 pr.1u.1na1'y WOl'k cIane an the road prepar.tory to haviag- it h1acktoppe4. At that: tiae tblI vill.ge water illpro. "'t: wa. =d8recl f= ~ area IIIUS WDl."k an the ~oad laad to 8top. Be had cIane lIhout .,,000 or $4,000 of WDl."k an the road . . . . , and is now obligated for the entire assessment on James Circle of about $16,000. When he sold the first four or five lots he didn't take into consideration the cost of the street in the price of the lots. Asked if some adjustment could be made on the assessment for James Circle in consideration of the preliminary work he had done. Mr. Lund, village consulting engineer, verified that he had seen a statement that was sent to Mr. Johnson for $3,367.50 of which about $2,003.00 represented work that did not have to be done by the Village under the improvement. Mr. Lund further said that if the Council gave a credit to Mr. Johnson for the $2,003.00, that amount would have to be raised somewhere and it would be added to the project cost. He would still end up paying for it, but over a ten year period rather then immediately. COUNCILMAN OLMEN= Asked if the contractor would be responsible for fixing the road so water doesn't drain on to private properties. Mr. Lund replied that a part of the problem is caused by the fact that there are no storm sewers available for the area. Further connnented that aerial contour photos are being prepared from Which an overall storm sewer study of the village will be made. When that is completed a financial program can be adopted so everyone in the village is charged the same amount. If a small project like this would be done now, these people might pay far more for it than the balance of the village would pay whenever a complete plan is decided on. He further said the Council had discussed this and the outcome was that they would try to carry the storm water to the street. However, there have been some heavy rains and the water can't be carried in the gutter. There will be some problem until the storm sewers are built. MR. RICHARD MYERS, 4117 Gale Circle (Spoke before): they can't wait five :years for a st03:'m sewer improvement. Mr. Lund if he had a suggestion for an interim solution. Lund replied that he would be happy to vieW the site. Said Asked Mr. MR. STANLEY BERGLtJND, 4133 James Circle I Asked why he was being assessed for a project that was supposed to be constructed by the developer. Mr. James Jolmson replied that he would have to make arrangements with each individual owner to pay the assessments. Mr. Berglund asked why this would appear on his tax statement. Mr. Popovich replied that Mr.. Johnson had admitted his obl:l.gat.ion and this was a private agreement between the developer and the purchasers of the property.. . . . . MR. LOREN KAUS (Spol:e before): Asked if it would be possible to put a half culvert across the driveways. Mr. Lund replied that it may be possible. COUNCILMAN HOLLENHORST suggested that if additional work has to be c'lone to correct the situation, he thought it possibly woulc'l have to be a separate improvement. COUNCILMAN CRICHTON said he's inclined to think it would be to everyone's ac'lvantage to finish this as it is. If it has to do with worlananship, then the contractor is responsible. MR. STANLEY BERGLUND, 4133 James Circle (Spoke before): Asked Mr. Lund What steps and procec'lures they take when engineering a street project. Mr. Lund explained. Mr. Berglunc'l asked why storm sewer hadn't been put in. Mr. Lund again explained the financial reasons for conSidering storm sewers for a larger area. Mr. Lund further said he hoped that some temporary solution could be founc'l to the problem until a per.manent storm sewer program is undertaken. MR. RICHARD MYERS, 4117 Gale Circle (Spoke before): Pointec'l out that there is a fire hydrant at the end of Gale Circle where the dirt has washec'l away. Asked if it was possible that the water line might freeze. A c'liscussion followec'l by Councilmen Hollenhorst anc'l Crichton and Mr. Lunc'l relating to a cul-de-sac at the enc'l of Gale Circle. There is no cul-c'le-sac there at the present time and Councilman Hollenhorst asked that this be looked into to determine whether there's an error on the plat that's filed and, if so, if it can be corrected. COUNCILMAN HOLLENHORST asked Mr. Lund if the drainage problem should be considered as a separate drainage project or considered as part of this roac'l project. Mr. Lund replied that he believes they can provide some kind of 'i:emporary solution - perhaps berming across the driveways - to keep the water out of the yards and he didn't think it would amount to a major project. MR. STANLEY BERGLUND, 4133 James Circle (Spoke before); Said if the improvement had been engineered properly there would be no problem. MAYOR C,REPEAU pointed out that it may have been a construction error. MR. RICHARD MYERS, 4117 Gale Circle (Spoke before): Said the berm that was supposed to take care of the situation has proved ineffective and doesn't see how the assessments can be carried out when the job was not done properly from an engineering or contrac- tor's standpoint. Mr. Lund replied that the engineers had been opposed to the platting of Gale Circle because they could see that there would be problems. . MR. STANLEY BERGLUND' 4133 James Circle (Spoke before): Said he's objecting to the engineering and the installation of the streets. . COUNCILMAN FlBRRICK asked Mr. Berglund if he would indicate why he Objects to the installation of the streets. MR. BERGLUND replied that everything had been brought out and asked what will be done about it. COUNCILMAN HBRRICK said. if they knew specifically what Mr. Berglund's objection was they could ask the engineer to try to correct the situation. " COUNCILMAN HOLLENHORST canmented that if there are serious drainage problems outside the scope of this improvement they couldn't be taken care of under this project. MR. LORB'N RAUS (Spoke before): Asked if the engineers had approved the road and gutter construction prior to this meeting. Mr. Lund replied that the final construction payment has not been made and that's normally the time when the project is approved. COUNCILMAN HBRRICK indicated that the village holds back 10% of the payment and one year remains before they finalize and accept the work. COUNCILMAN HOLLENHORST asked that the record indicate that he recognizes the problems wi th the drainage and believes they have been adequately discussed. . . . . . . After a discussion of the views presented by the affected property owners, Councilman Bollenhorst then introduced the following resolution and moved its adoption: Resolution No. ~-33 RESOLU'l'ION ADOPTING AND CONFrRMING ASSESSMENTS FOR STREET IMPROVEMENT NO. 72-3 BE IT RESOLVED by the Village Council of the Village of Arden Hills, Minnesota, as follows: 1. The amount proper and necessary to be specially assessed at this time for Street Improvement No. 72-3 against every assessable lot, piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, as amended, and notice has been duly mailed and published, as required by law, that this COuncil would meet to hear, consider and pass upon all objec- tions, if any, and said proposed assessment has at all times since its filing been open for public inspection, and an oppor- tunity has been given to all interested persons to present their objections, if any, to such proposed assessments. 2. This COuncil, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the con- struction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein. 3. The proposed assessments are hereby adopted and con- firmed as the proper special assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of 8% per annum accruing on the full amount thereof from time to time ~ . . . . . unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal install- ments extending over a period of ten (10) years, the first of said installments, together with interest on the entire assess- ment from the date hereof to December 31, 1974, to be payable with general taxes for the year 1973, collectible in 1974. and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot. piece or parcel of land assessed hereby may at any time pay the whole or at least 50% of such assessment. with interest to the date of payment, to the Village Treasurer, but no interest shall be charged if such payment is made within 30 days after the date of this resolution. 5. The village Clerk Administrator shall, as soon as may be, prepare and transmit to the COunty Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County. and the county Auditor shall thereafter collect said assessne nts in the manner provided by law. The motion for the adoption of the foregoing resolution was duly seconded by councilman Olmen and upon vote being taken thereof, the following voted in favor thereof: All and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. . STATE OF M1NNBSOTA ) ) ss. COUN'rY OF RAMsEY ) I, the undersigned, being the duly qualified and acting ~ Clerk Administrator of the Village of Arden Bills, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a ~ special meeting of the Council of said Village held on the 6th day of September, 1973, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to Street Improvement No. 72-3. WITNESS MY HAND and the seal of said Village this 6 day of September, 1973. ~~AUI r.g;,152d~ I-. Village Clerk Administrator ~ (SEAL) ~ .