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HomeMy WebLinkAbout85-039 A . . /U" t"fF-.&'1 . , 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-El1iott-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-84-1, 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 Bri~hton Bulletin on August 21, 1985, and a c~rtificate 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-84-1, Royal Hills North, and abutting property; stated that it essentially includes sanitary sewer, watermain, 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 100% assessed to 21 lots on Royal Hills Drive and Arden Vista Drive at $9,964.22/10t 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 10.5% 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. GeorRe J. Rei1in~, 661 Heinel Drive, Roseville. said he noticed Lynden say something about $13,000/10t on the north of the road and $9,000 on other lots - why the differential? , i . ... 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 ($3,412/10t). Rei1inR - and you haven't put any of that cost on the other lots in the deve10p- . 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 1 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 I, 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 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 rema~n~ng 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-84-1. WITNESS MY HAND and the seal of the City this /;t~ day of September, 1985. [SEAL] (2tU~I)1}J~ Clerk-Administrator