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HomeMy WebLinkAbout78-051 ,. . . , Extract of Minutes of Meeting of City Council City of Arden Hills Ramsey County, Minnesota Held: August 28, 1978 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Arden Hills, Minnesota, was duly held in the City Hall in said City on Monday, the 28th day of August, 1978, at 7:30 o'clock p.m. The followinq members were present: l1ayor Crepeau and Councilmen Hanson, Wingert, Crichton and Woodburn1 and the following were absent: None. Also in attendance were Charlotte McNiesh, City Clerk Administrator~ James S. Lynden of Stringer, Donnelly, Courtney, Cowie & Rohleder, City Attorney~ Donald Christoffersen of Short, Elliot, Hendrickson, City Consulting Engineer, Donald Lamb, City Treasurer, and Peter S. Popovich, of Peterson, Popovich, Knutson & Flynn, City Bond Consultant. The City Clerk Administrator presented an affidavit showing publication of notice of hearing on the proposed assessment for Improvement No. P-ST-77-6 in the New Brighton Bulletin on August 10, 1978, which affidavit was examined, found satisfactory, and ordered placed on file. The Clerk Administrator also exhibited a Certificate of Mailing Notice of Hearing to all affected property owners. MAYOR CREPEAU: At this time I'd ask our City Engineer, Don Christoffersen, to briefly explain the improvement. MR. CHRISTOFFERSEN: The improvement included the construc- tion of bituminous surfacing, street, concrete curb and gutter, , ,. and storm drainage facilities on Connelly Avenue generally located east of Snelling Avenue, south of the Soo Line Railroad, north of County Road E and generally west of McGuire's. MAYOR CREPEAU: At this time I'll ask our fiscal consul- . tant, Mr. Peter Popovich, to explain the financing. MR. POPOVICH: The total cost of this improvement is $8l,823.00, of which $67,110.00 is street cost and $14,713.00 is storm sewer cost. There are 6. 3 acres bene fi ting from the storm sewer improvement. The project is assessed at 100%. It will amount to $36.85 per front foot for the street improvement, and $2,335.40 per acre for the storm sewer portion of the project. Aqain, this will be spread over 20 years with the 8% carrying charge with the usual right of prepayment. The l4ayor announced that the meeting was open for the consideration of objections, if any, to said proposed assess- ment. All persons present were then given the opportunity to present oral objections, and all written objections theretofore filed with the City Clerk Administrator were presented and con- sidered, and all such objections were tabulated as follows: Mrs. Charlotte MCNiesh, Clerk Administrator, presented a letter dated August 21 from John Rysgaard relating to the property at 1253 West Connelly. Mr. Rysgaard said that no ten- tative plan or design was submitted for his acceptance or review and he felt the following deficiencies were unacceptable: 1. No provision was provided for the utilization of his off-street parking area required by the village under his orLgi- nal construction planning. 2. Insufficient access was provided in the curb opening for driveway access to the yard portion to allow inqress and egress of the semi-trailers. 3. Has received a notice of the assessment hearing to be held on August 28 but has no record of having been advised in advance of this project for any hearing. Therefore, he was not aware that any part of the Flaherty - Connelly Street improvement would affect him physically or monetarily and he denied any liability for costs incurred. . In addition, it would be necessary that the curb be in- stalled in such a manner to not cause him damages. I'- . , . , Mrs. McNiesh reported that her records show that a notice of the feasibility hearing on the proposed Connelly Avenue was sent on January 20, 1978 to J.R.R., Inc., 527 Shoreview Park Street, the same address to which the assessment notice was sent, and that the feasibility hearing notice was never returned. Therefore, she assumed it was delivered. MR. JOHN RYSGAARD, owner of the property at 1253 West Connelly: Objected to the fact that St. Paul Book and Station- ery is not being assessed for part of the cost of the storm drainage facilities. Mr. Rysgaard further said that there had been total street construction there previous to this program which included provision for storm water and that the present storm water program is for the benefit of only one property OWner and should be paid for as a part of that owner's improve- ment project. He said he was referring to the Flaherty improvement. So far as the assessments for street, curb and gutter are concerned, I>!%'. Rysgaard said that only 58% to 59% of the costs are being allocated to Flaherty, but his property abuts on 70% of the street. McDonald's property has 13% frontage and 13% assessment. Shaw Lumber is 3% frontage and 6% assessment. His own property has 6% of the frontage and 12% of the assess- ment. Sheet metal is at 8% and 10%. He further said the cal- culation used for his property was 220 feet, but he has only 187 feet. Mr. Rysgaard said he believes the assessments should be consistent with the proportionate value. He also said that 30% of the street project should have been part of the Flaherty project and not spread over the assessment of abutting property owners. Councilman Hanson then introduced the following resolution and moved its adoption: RESOLUTION NO. 7~-.ff7 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR I~W~4ENT NO. P-ST-77-6 BE IT RESOLVED by the City COuncil of the City of Arden Hills, Minnesota as follows: 1. The amount proper and necessary to be specially assessed at this time for Improvement No. P-ST-77-6 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 objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and an opportunity has been given to all interested persons to present their Objec- tions, if any, to such proposed assessments. . 2. This Council, having heard and considered all objec- tions so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumer- ated in the proposed assessment was and is specially benefited by the construction 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 respec- tive 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 assess- ment shall be payable in equal annual principal installments extending over a period of twenty (20) years, the first of said installments, together with interest on the entire assessment from the date hereof to Decerilber 31, 1979, to be payable with general taxes for the year 1978, collectible in 1979, 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 City Treasurer, but no interest shall be charged if such payment is made within 30 days after the date of this resolution. . 5. The City 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 assessments in the manner provided by law. The motion for the adoption of the foregoing re$olution was duly seconded by Councilman Wingert, and upon vote being taken thereon, the following voted in favor thereof: All; and - . i. . the following voted against the same: None~ whereupon said resolution was declared duly passed and adopted. ~ - r9l~ ~~W~