Loading...
HomeMy WebLinkAboutCC 05-28-1985 MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Tuesday, May 28, 1985 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Present: Mayor Robert Woodburn, Councilrnembers Thomas Sather, Gary Peck, Nancy Hansen, Dale Hicks None Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Absent: Also Present: . Approval of Minutes Hicks moved, seconded by Peck, that the minutes of the May 13th Council meeting be approved as amended. Motion carried unanimously. (5-0) Business from the Floor None Hunter's Park - Proposed Procedure for Additions, Changes or Alterations to Single Family Homes Council was referred to Zehm's memo (4/25/85) and attachments thereto, and to Planning memo (5/22/85). Mr. Jim Crassweller. Chairman of the Hunter's Park Architectural Control Committee, described the regulations proposed by the Architectural and Environmental Committee of the Hunter's Park Home Owners' Association which will allow homeowners reasonable changes or additions to their properties and safeguard the City's concerns relative to the Special Use Permit. Crassweller explained that the Committee will establish some guidelines for Council's approval, as suggested by Planner Miller, which would control maximum lot coverage, minimum setbacks, etc. Crassweller explained that the Committee does have community input; Committee is comprised of three elected members and two appointed members (the two neighbors most affected by the requested alteration); feels the suggestions of the City Planner are good, and the architectural committee can live with the established guidelines; noted that it is virtually impossible to put in writing all the requests which may come before the committee, but he does understand the Planner's concerns; noted that Hunter's Park does not comply with R-3 District requirements as it exists, stated that he feels the residents of Hunter's Park should be able to add to their homes, within certain guidelines. In discussion, some of the concerns expressed by Council were that some guidelines re maximum lot coverage seem necessary, since the lots vary conSiderably in size, and minimum setbacks from property lines should be established to prevent adverse encroachment on neighboring lots. It was noted that the Special Use Permit is, in fact, the Zoning Ordinance for Hunter's Park; therefore, if changes are established, they will conse- quently constitute a change in the Special Use Permit. . Crassweller said they would like to reach some agreement with the City, and still have some level of flexibility, within established guidelines, to allow building permits; want to develop the best way to proceed. Council concurred that the proposed procedure for handling additions and alterations to homes in Hunter's Park be referred to Attorney Lynden. Crassweller said Lynden may contact him at 291-9333. Case No. 81-18, Time Extension for Variances, Lot 40, Block 1. Kerth Lake Estates Hicks moved, seconded by Hansen, that Council approve the time extension of the lake setback variance, Lot 40, Block I, Karth Lake Estates, until September 1, 1985. Motion carried unanimously. (5-0) Minutes of Regular Council Meeting, May 28, 1985 Page two Water Improvement No. 83-4, Approval of Change Order No.2. Acceptance of Project and Approval of Final Payment Council was referred to Change Order No.2, and Christoffersen's letter of 5/23/85 re Project W-83-4, Watermain along STH 10, north of STH 96. Hicks moved, seconded by Peck, that Council approve Change Order No. 2 in the amount of $1,854.00. Motion carried unanimously. (5-0) Hansen moved, seconded by Peck, that Council accept the project (W-83-4) and approve Final Payment in amount of $13,260.21. Motion carried unani- mously. (5-0) . Royal Hills North Park Dedication Proposal Council was referred to memo from Councilmember Hansen (5/16/85) relative to park dedication proposal for Royal Hills North. Hansen noted a correction from 23~ to 25~ per square foot, resulting in a cash dedication of $13,750. Hansen moved, seconded by Hicks, that Council accept the 10,000 square feet of pedestrian way, and $13,750 cash payment as fulfillment of the park dedication requirement for Royal Hills North, the cash payment to be payable in 28 equal installments, at issuance of building permits; total of $13,750 to be paid within two years (5/13/87). Motion carried unanimously. (5-0) Status Report - Northpark Business Center Park Dedication Hansen reported that a 10% of land market value park dedication is not acceptable to Woodbridge Properties for the Northpark Business Center; noted that the assessor's market value is $362,000 (actual cost is $823,000). Hansen had suggested the City accept a 7% cash dedication plus the fountain ($28,815) as satisfaction of the park dedication requirement; noted that surrounding cities require a 3% - 5% park dedication from commercial/indus- trial properties; reported that Woodbridge proposes a 3-1/2% dedication, plus the fountain. In discussion, Sather noted that Arden Hills is near the end in its ability to gather revenue from land development from park dedication; feels we'd be selling the City short by reducing the requirements. Hicks noted that Arden Hills has always required 10%; feels other cities' charge is irrele- vant. Sather noted that other cities also use general revenue for park land and development of parks. Hansen noted that the City has negotiated some park dedications in the past at 5%; noted that this is an indepen- dent and separate development from the Woodbridge Office Center on County Road E and should be negotiated on its own without reference to the County Road E park dedication requirement. After discussion, Hicks moved, seconded by Sather, that Council direct Hansen to pursue a $57,600 cash donation (7% of actual land cost), repre- senting a 3% credit for ponding, payable in ten years, 10% per year, beginning at building occupancy. Motion carried. (Hicks, Sather, Peck, Woodburn voting in favor; Hansen in opposition). (4-0) Public Safety Committee Recommendation re Signage Request Council was referred to Public Safety Committee minutes of 5/20/85 relative to request for installation of "Slow - Children" sign near intersection of Skiles Lane and Glenarden Court. . Mr. Moehnke, 1404 Skiles Lane, described the location of a hill; stated that drivers seem to automatically accelerate at seeing a hill; noted that the road also curves and drivers are going too fast to stop if a child should dart into the road. In discussion, it was noted that signs sometimes give a false sense of security, possibly putting children at more risk. It was further noted that the "Slow - Children" signs are ineffective in reducing speed. Moehnke said they want something that will be effective; noted that "speed bumps" were suggested. It was suggested by Council that a more appropriate Minutes of Regular Council Meeting, May 28, 1985 Page three sign might be "Blind Approach" or "Blind Intersection", or "Dangerous Approach". Council concurred to authorize the installation of a sign; referred the sign selection to Public Works Supervisor Raddatz, after he looks at the intersection, to see which he feels will be most appropriate and effective. Report on May 22nd Fire Board Meeting Hansen reported that Shoreview is pursuing the purchase of land for the north (third fire station) on its own, reportedly a parcel of land on County Road I, on Shoreview park property, east of Lexington; reported that Shoreview intends to continue with the present contract until July, 1986. . McNiesh suggested that the Arden Hills budget be modified if the money budgeted in 1985 for the third station will not be spent. Discussion - Fire Lane Parking Regulations Council was referred to McNiesh's memo re Fire Lane Parking (5/23/85) and to attached excerpt from Shoreview Code re Parking and Fire Lanes. Council referred the matter to Prosecuting Attorney Filla for his recom- mendations to Council. OTHER BUSINESS Park Tour Hansen reported that the park tour was very pleasant; reported that all the parks were well maintained. Hansen reported that the Parks Committee will be planting the prairie area of Crepeau Nature Preserve on Saturday, June 1st, starting at 8:00 a.m.; noted that access to the park is from Dellwood Avenue. REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MCNIESH Treasurer's Report - Investments (Lamb absent) 5/20/85 - $100,000 @ 10.25% interest for 1 year at American Savings and Loan, Stockton, CA. - $500,000 @ 7.65% interest for 6 mos. at Twin City Federal. - $200,000 @ 7.70% interest at First Federal, maturing 7/10/85. - $109,924.34 @ 8.50% interest for 1 year at First Federal. - $1,070,000 Treasury Bill @ 8.05% effective interest at Kidder Peabody maturing 5/15/86. Sather moved, seconded by Peck, to ratify the Treasurer's investments. Motion carried unanimously. (5-0) Claims and Payroll Peck moved, seconded by Sather, to approve the Claims and Payroll as pre- sented. Motion carried unanimously. (5-0) Ad;ournment Hansen moved, seconded by Sather, that the meeting adjourn at 9:05 p.m. Motion carried unanimously. (5-0) . ~-z;@~ Charlotte McNiesh Clerk Administrator f~~ Robert Woodburn Mayor Notice of Meeting The next Regular Council Meeting will be on Monday, June 10, 1985, at 7:30 p.m. at the Village Hall. .f EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA . 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, September 9, 1985, at 7:30 o'clock p.m. The following members were present: Mayor Woodburn, Councilrnembers Dale Hicks, Nancy Hansen, Gary Peck and Thomas Sather; and the following were absent: None. Also in attendance were Charlotte McNiesh, City Clerk Administrator; Dorothy Zebrn, Deputy Clerk; Donald Christoffersen of Short-Elliott-Hendrickson, City Consulting Engineer; Donald Lamb, City Treasurer; James Lynden, City Attorney. Mayor Woodburn opened the public hearing on Improvement No. SS-W-P-ST-84-l, Royal Hills North Addition and asked Clerk-Administrator McNiesh if we have the affidavits of publication. McNiesh answered yes, I have an affidavit stating that the notice was published in the New Brighton Bulletin on August 21, 1985, and a certificate of mailing stating that they were mailed on August 21, 1985 to affected property owners. Christoffersen was asked to briefly describe the improvement. Engineer Christoffersen stated that this hearing is for Improvement SS-W-P-ST-84-l, Royal Hills North, and abutting property; stated that it essentially includes sanitary sewer, waterrnain, streets and drainage, explained that the improvement benefits the lots on Arden View Drive, Royal Hills Drive and Arden Vista Drive, within the Royal Hills North plat, and the property abutting Arden View Drive north of Royal Hills North Addition, equiva- lent to seven building lots. . Attorney Lynden reported that the estimated cost of this project was $432,000.00; the actual cost as being assessed is $396,517.00. Lynden advised that the project is 1007. assessed to 21 lots on Royal Hills Drive and Arden Vista Drive at $9,964.22/lot and to 7 lots on Arden View Drive within Royal Hills North Addition at $13,376.29/lot and to the equivalent seven potential lots abutting the north side of Arden View Drive (north of the Royal Hills North Addition) at $93,634.03 ($13,376.29 x 7 potential lots). Lynden stated the proposal is to spread the assessment over six years at 10.57. interest/ annum, with the right of prepayment within 30 days after adoption of the assessment roll, or at any time during the 6-year period and save the resulting interest; the first installment is to be payable with the 1986 property taxes; 1/2 of the first installment will be May of 1986. McNiesh was asked by Mayor Woodburn if there are any written questions or objections; her answer was, none, Your Honor. Woodburn opened the meeting to comments from the audience. George J. Reiling, 661 Heinel Drive, Roseville, said he noticed Lynden say something about $13,OOO/lot on the north of the road and $9,000 on other lots - why the differential? " Lynden deferred to the City Engineer who developed the assessment formula. Christoffersen explained that there are seven lots on the Royal Hills North Addition that are also assessed at $13,000+ figure; the reason for the dif- ference is for the cost of obtaining easements for that one street; that was estimated to be approximately $47,000 which was divided by 14 ($3,4l2/lot). ReilinR - and you haven't put any of that cost on the other lots in the develop- ~ ment? Christoffersen said that is correct. Reiling addressed the Council and stated that he opposes any assessments on his property; said you condemned our property for the road and you butchered it, and now you ask us to pay for it. Reiling showed some photographs of their property and asked if anyone can tell him how they could have benefits. Reiling showed Council "before pictures" and "after pictures"; noted a lady standing at the bottom and said it would take about six times her size to get to the top of the hill - she is 5'4" - that would be 30 feet to the top - how are we going to put a house on top of that and get benefit? Reiling said that just west of the hill is a pond that comes to within about 20 feet of the road. You know, and I know, you aren't going to allow us to put a house there. If you would allow it, then the Department of Natural Re- sources won't allow it or the RCWD won't allow it. We base our non- assessments on the fact that we aren't going to use that road. We told you before the condemnation that we aren't going to use it. We told you during the condemnation that we aren't going to use it, and I'm telling you now - we aren't going to use it. If we don't use that road, I don't understand how you can possibly assess us. I want those pictures back because I don't have duplicates. Woodburn asked if there are any other comments; asked Reiling if the pictures of the hill are facing south or north. Reiling said they are facing north. They are taken at the same place, in both cases. Woodburn asked if there is a similar hill on the other side of the road. Reiling said there's a crevice 30 feet down which you also filled, and did a beautiful job of, but said he does not see any charge for that assessment; somebody benefitted, but what you are attempting to do is to charge us for that fill for Eibensteiner. It's a nice job, and I have nothing against.Mr. Eibensteiner, but he's got some pretty nice landfill there if he doesn't have to pay for the work that was per- formed. ' Woodburn asked Christoffersen if the portion of the pond that was filled was filled with Rice Creek's permission. Christoffersen asked if Woodburn is speak- ing about the pond on the Eibensteiner property. Woodburn said that was the only pond he remembers there - asked Mr. Reiling if that is the pond he was referring to. Reiling said the pond on our own property - our property has a pond in close proximity to the road - at the west end, north of the road. Christoffersen said Reiling also has a pond, on low area, that is designated on the Comprehensive Drainage Plan as a location for a ponding area; noted that this designation does not mean that the pond could not be altered or modified to accommodate houses to be constructed along the road. It gives the total volume of water needed to be stored in that particular area, and a rate of run-off. Christoffersen said, in his opinion, there could be some alterations made. Christoffersen said he is not aware that this pond is one of the Department of Natural Resources' protected wetlands. Christoffersen reported . -2- ~ that RCWD did approve the Arden Hills Comprehensive Drainage Plan. . Marcel Eibensteiner, the principal of the Royal Hills North plat, said he wants to make it clear for the record that all the money for grading that was spent, getting it ready for sewer and water, was paid by himself. This cost is not included on the tax roll or on the assessment roll; said he has a terrific grading bill, but has two homes right now sitting on 22 feet of compaction, said he spent an enormous amount for the grading, but it was all at his own expense. Woodburn asked if there is anything further from the audience. Woodburn then asked for comments or questions from the Council. Sather asked Reiling his intent for the property that he owns there. It's an investment and at some future time, we'll develop it. Sather asked if he has any idea of what he intends to develop it into. Reiling said it'd be homes - residential property. Hansen asked, on the land cut, if this is something the City restores; does the City grade this down to a more usable hill, or is that then the responsibility of Mr. Reiling. Eibensteiner said he is in the process now of shallowing that hill back to about a 3 to I slope; said he has a contract, signed right now, ready to pick up the fill and start excavating that and get it all cleaned up, but right now it has been raining every three days - by the time we just about get going, it rains again. If it doesn't stop raining, it may not get completed this fall, unless we have a dry October. Hansen asked if it will be restored more than it is now. Eibensteiner said it will be restored and seeded and mulched for erosion control. Christoffersen explained that this restoration is in the right-of-way that was taken for the road or in the temporary easement taken for road construction; advised that Eibensteiner has been responsible for all the grading, that is the reason the City has not been involved in the site grading. Hicks asked Christoffersen if he sees any problem with constructing driveways when this slope is graded 3 to 1, and any problem with subdividing this property into seven lots. Christoffersen said he sees some problem in divid- ing it as it sets naturally, but believes a developer that would make that into single family lots would have to do site grading - particularly the highest hill will probably be moved to the west of the lowest part (pond area) to develop other lots. Stated this would have to be done in any case - some site grading would have to be accomplished; noted that Mr. Eibensteiner also had to do site grading to make his land developable. . Hicks asked if the pond referred to is a low area, without necessarily standing water, that could be on-site graded and filled in for buildable lots. Christoffersen said that is correct; said that, obviously, part of the pond would have to remain - it's part of a low wetland. Christoffersen explained that the pond could be graded deeper to contain the same amount of water in a smaller area, smaller surface area coverage. The only thing we place on our storm water management plan is that it contain so many acre feet of storage volume-wise - you can alter the pond but keep the same volume there. Hicks asked the easement costs for that road. Christoffersen said roughly $43,000; it breaks out the costs paid to Mr. Reiling, interest, appraisers -3- ~ costs, payments to the Commissioners, Attorney fees and engineering fees. Hicks asked if that is the final settlement. Lynden said no, that it is not the final settlement. The appeal in Ramsey District Court has not been scheduled for trial; advised that Mr. Reiling is seeking $150,000 and the Commissioners awarded $33,000 and $30,000; so, no, it's an estimate on the part of the engineer. It is what has been approved by the lower court. It has been approved by the Commissioners; the appeal is to the lower court; the first stage is the Commissioners. . Hicks said let's suppose these assessments were levied to cover the current cost of $40,000 for easement, and the applicant is successful in his appeal in raising that; what do we do about assessments then? Lynden said you can do a supplementary assessment. Eibensteiner said the supplementary assessment procedure raises a question. Let's say I have all the lots sold by next spring; who picks up the assess- ments? Lynden said it would be the owners of the lots in the subdivision. Woodburn noted that it roughly translates out, then, that Mr. Reiling is giving the land and is getting seven lots for about $7,000 each ($49,000) and Mr. Eibensteiner is giving the land and getting seven for $91,000 ($13,000/ lot plus the road grading costs). That's correct. Reiling said he thinks the Mayor is somewhat befuddled; the $44,000 figure included the attorney fees. Woodburn said that's correct. Reiling said our award so far is $33,000; now if you divide that figure, you'll have the right figure. Woodburn said $8,570 vs $13,000+. Woodburn asked if there were any further questions. After determining there were no additional questions or comments, the public hearing was closed at 8:00 p.m. . -4- . . Councilman Hicks then introduced the following Resolution and moved its adoption: . Resolution No. 85-39 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR ROYAL HILLS NORTH ADDITION PUBLIC IMPROVEMENTS IMPROVEMENT NO. SS-W-P-ST-84-1 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. SS-W-P-ST-84-1 against every assessable lot, parcel or tract of land (the "parcel") affected thereby has been duly calculated upon the basis of benefi ts, 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 objections, if any, to such proposed assessments. 2. This Council, having heard no objections (none having been made), and being fully advised in the premises, finds that each of the parcels enumerated 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 parcel, respectively, and such amount so set out is hereby levied against each of the respective parcels therein. 3. The proposed confirmed as the proper parcels respectively. assessments are hereby special assessments for adopted each of and said . 4. The assessment against each such parcel of land, together with interest thereon at the rate or ten and one-half percent (10J.,%) per annum accruing on the full amount thereof until paid in full, shall be a lien concurrent with general taxes upon each such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of six (6) years, the first of such installments, together with interest on the entire assessment from the date hereof to December 31, 1986, to be payable with general taxes for the year 1985, collectible in . 1986, and one of each of the remaining installments, together wi th one year's interest on that and all other unpaid install- ments, to be payable with general taxes for each consecutive year 4It thereafter until the entire assessment is paid. 5. Prior to certification of the assessment to the Ramsey County Auditor, the owner of any parcel assessed hereby may at any time pay the whole or at least fifty percent (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 thirty (30) days after the date of this Resolution. 6. The Clerk-Administrator shall, with due dispatch, prepare and transmit to the Ramsey 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 Ramsey County, and said County Auditor shall thereafter collect such assessments in the manner provided by law. The motion for adoption of the foregoing Resolution was duly seconded by Councilman Peck, and upon vote being taken thereon, the City Council voted unanimously in favor thereof whereupon said Resolution was declared duly passed and adopted. 4It . . ~ STATE OF MINNESOTA 55. CERTIFICATE OF CLERK-ADMINISTRATOR COUNTY OF RAMSEY I, the undersigned, being the duly qualified and acting Clerk-Administrator of the City of Arden Hills, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular Council meeting of said City held on the 9th day of September, 1985, with the original thereof on file in my office, and the same is a full, true and complete extract of such minutes insofar as the same relate to Improvement No SS-W-P-ST-84-1. WITNESS MY HAND and the seal of the City this /7zl.. day of September, 1985. [SEAL] ae,A~~W1.~ Clerk-Admin~strator EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA . 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, September 9, 1985, at 7:30 o'clock p.m. The following members were present: Mayor Woodburn, Councilmembers Dale Hicks, Nancy Hansen, Gary Peck and Thomas Sather; and the following were absent: None. Also in attendance were Charlotte McNiesh, City Clerk Administrator; Dorothy Zebm, Deputy Clerk; Donald Christoffersen of Short-Elliott-Hendrickson, City Consulting Engineer; Donald Lamb, City Treasurer; James Lynden, City Attorney. Mayor Woodburn opened the public hearing on Improvement No. SS-W-P-ST-84-2, Lametti Addition, and asked Clerk-Administrator McNiesh if we have the affi- davits of publication. McNiesh answered yes. I have an affidavit indicating that the notice was published in the New BriRhton Bulletin on August 21, 1985 and a Certificate of Mailing stating they were mailed on August 21, 1985 to affected property owners. Christoffersen was asked to briefly describe the improvement. Engineer Christoffersen stated that this hearing is for Improvement No. SS-W-P-ST-84-2, Lametti Addition; stated that it includes sanitary sewer, watermain, streets and storm sewer for the lots in Lametti Addition, primarily along Lametti Lane and Lametti Circle with these extending to practically its full length. Hicks said he recalls there is an open outlot in the center. facing the lake; it appears there is not a property line drawn there (on the transparency of the plat). Christoffersen said, you're right; our drawing is in error; there should be a property line about here. . Lynden said the total cost of this project is $157,140.00; at the feasibility hearing it was estimated to cost approximately $162,900.00. Lynden said there are 14 lots in this addition and it is proposed that the improvement cost be assessed 100% so the per lot assessment will be $11,224.28. Again, the interest rate per annum is 10.5%. The payback is over a six-year period, principal and interest installments with the first installment payable in 1986. The property owners have 30 days to prepay, after the adoption of the assess roll. without interest. McNiesh was asked by Mayor Woodburn if there are any written questions or comments. Her answer was none, Your Honor. Woodburn opened the hearing to comments from the audience on this proposal; noted that the owner/representatives are here. -1- '- Councilman Hicks then introduced the following Resolution and moved its adoption: . Resolution No. 85-40 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE LAMETTI PUBLIC IMPROVEMENTS IMPROVEMENT NO. SS-W-P-ST-84-2 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. SS-W-P-ST-84-2 against every assessable lot, parcel or tract of land (the "parcel") 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 objections, if any, to such proposed assessments. 2. This Council, having heard no objections (none having been made), and being fully advised in the premises, finds that each of the parcels enumerated 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 parcel, respectively, and such amount so set out, is hereby levied against each of the respective parcels therein. 3. The proposed confirmed as the proper parcels respectively. assessments are hereby special assessments for adopted each of and said . 4. The assessment against each such parcel of land, together with interest thereon at the rate of ten and one-half percent (10~%) per annum accruing on the full amount thereof until paid in full, shall be a lien concurrent with general taxes upon each such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of six (6) years, the first of such installments, together with interest on the entire assessment from the date hereof to December 31, 1986, to be payable with general taxes for the year 1985, collectible in , . . 1986, and one of each of the remaining installments, together wi th one year's interest on that and all other unpaid install- ments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. 5. Prior to certification of the assessment to the Ramsey County Auditor, the owner of any parcel assessed hereby may at any time pay the whole or at least fifty percent (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 thirty (30) days after the date of this Resolution. 6. The Clerk-Administrator shall, with due dispatch, prepare and transmit to the Ramsey 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 Ramsey County, and said County Auditor shall thereafter collect such assessments in the manner provided by law. The motion for adoption of the foregoing Resolution was duly seconded by Councilman Hansen, and upon vote being taken thereon, the City Council voted unanimously in favor thereof whereupon said Resolution was declared duly passed and adopted. . . . . STATE OF MINNESOTA ss. CERTIFICATE OF CLERK-ADMINISTRATOR COUNTY OF RANSEY I, the undersigned, being the duly qualified and acting Clerk-Administrator of the City of Arden Hills, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular Council meeting of said City held on the 9th day of September, 1985, with the original thereof on file in my office, and the same is a full, true and complete extract of such minutes insofar as the same relate to Improvement No SS-W-P-ST-84-2. WITNESS MY HAND and the seal of the City this ~)7~ day of September, 1985. [SEAL] ~A#AzIp~~ Clerk-Administrator EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA . 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, September 9, 1985, at 7:30 o'clock p.m. The following members were present: Mayor Woodburn, Councilmembers Dale Hicks, Nancy Hansen, Gary Peck and Thomas Sather; and the following were absent: None. Also in attendance were Charlotte McNiesh, City Clerk Administrator; Dorothy Zehm, Deputy Clerk; Donald Christoffersen of Short-Elliott-Hendrickson, City Consulting Engineer; Donald Lamb, City Treasurer; James Lynden, City Attorney. Mayor Woodburn opened the public hearing on Improvement No. SS-W-P-ST-84-3, McClung Third Addition and asked Clerk-Administrator McNiesh if we have the affidavits of publication. McNiesh answered that she has an affidavit stating that the notice was published in the New Briahton Bulletin on August 21, 1985, and a Certificate of Mailing indicating that they were mailed to property owners on August 21, 1985. Christoffersen was asked to briefly explain the improvement. Christoffersen stated that this improvement includes sanitary sewer, watermain, streets and drainage to serve the McClung Third Addition. The sanitary sewer and watermain extend the length of the cuI de sac (indicated on a transparency the location of the storm drainage along a natural drainageway). Lynden was asked to explain the proposed financing. Lynden said the total cost of this project is $72,167.00; at the feasibility hearing it was estimated to cost $109,900. Lynden said there are 12 lots in this subdivision and the cost is proposed to be 100% assessed at $6,013.95/ lot. Again, this is proposed to be a 6-year payback at interest to accrue at 10.5%/annum. The first installment, principal and interest, to be payable with taxes payable in 1986, with the privilege of a 30 day prepayment, after adoption of the assessment roll. McNiesh was asked if there have been any written questions or objections. Her answer was no, Your Honor. . The hearing was opened to comments from the floor. Woodburn noted that Mr. McClung is present. (name not given) asked, on the street assessment. does the assessment include the final bituminous surfacing on the street. Christoffersen said that right now they have one finish wear course to put on; said, hopefully, we -1- can have this completed yet this fall. Christoffersen said we have con- struction problems we have to finish first, however; stated that as soon as they are corrected, if the weather is proper, we'll put the final wear on. It is included in the assessment. Woodburn noted that ordinarily the final wear coat is put on in the spring, as a matter of fact, on purpose, is it not. . Christoffersen said that is correct. Woodburn said sometimes it seems to set a little better if it sits over the winter. After determining that there were no additional comments from the floor, the public hearing was closed at 8:10 p.m. . -2- . Councilman Hansen then introduced the following Resolution and moved its adoption: . Resolution No. 85-41 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE McCLUNG THIRD ADDITION PUBLIC IMPROVEMENTS IMPROVEMENT NO. SS-W-P-ST-84-3 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. SS-W-P-ST-84-3 against every assessable lot, parcel or tract of land (the "parcel") affected thereby has been duly calculated upon the basis of benefi ts, 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 objections, if any, to such proposed assessments. 2. This Council, having heard no objections (none having been made), and being fully advised in the premises, finds that each of the parcels enumerated 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 parcel, respectively, and such amount so set out is hereby levied against each of the respective parcels therein. 3. The proposed confirmed as the proper parcels respectively. assessments are hereby special assessments for adopted each of and said . 4. The assessment against each such parcel of land, together with interest thereon at the rate of ten and one-half percent (10~%) per annum accruing on the full amount thereof until paid in full, shall be a lien concurrent with general taxes upon each such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of six (6) years, the first of such installments, together with interest on the entire assessment from the date hereof to December 31, 1986, to be payable with general taxes for the year 1985, collectible in f. 1986, and one of each of the remaining installments, together with one year's interest on that and all other unpaid install- ments, to be payable with general taxes for each consecutive year ~ thereafter until the entire assessment is paid. 5. Prior to certification of the assessment to the Ramsey County Auditor, the owner of any parcel assessed hereby may at any time pay the whole or at least fifty percent (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 thirty (30) days after the date of this Resolution. 6. The Clerk-Administrator shall, with due dispatch, prepare and transmit to the Ramsey 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 Ramsey County, and said County Auditor shall thereafter collect such assessments in the manner provided by law. The motion for adoption of the foregoing Resolution was duly seconded by Councilman Peck, and upon vote being taken thereon, the City Council voted unanimously in favor thereof whereupon said Resolution was declared duly passed and adopted. . .' . . . STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) CERTIFICATE OF CLERK-ADMINISTRATOR I, the undersigned, being the duly qualified and acting Clerk-Administrator of the City of Arden Hills, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular Council meeting of said City held on the 9th day of September, 1985, with the original thereof on file in my office, and the same is a full, true and complete extract of such minutes insofar as the same relate to Improvement No SS-W-P-ST-84-3. WITNESS MY HAND and the seal of the City this /7d day of September, 1985. [SEAL] ~ J9A~ Clerk-Administrator