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HomeMy WebLinkAboutNov 29, 1977OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA NOVEMBER 29, 1977 ASSESSMENT HEARING The Meeting was called to order at 7:36 p.m. Roll Call: Logacz, Heintz, Hentges, Nawrocki--present Norberg--absent Mayor Nawrocki pointed out that Councilman Norberg had a conflict and would be joining the Council later in the meeting. STATEMENT OF PURPOSE OF MEETING The Mayor noted that this was a special meeting to consider assessments as proposed for public works projects completed this past construction season. He stated that if there were any questions on costs or the quality of work done, they should be brought to the attention of the Council at this meeting. PROJECT #707 - TREE REMOVAL Interim City Manager Anderson reported that there were four properties being assessed for tree removal; these four assessments totalling $2,114.68. None of these assessments were being contested or questioned. PROJECT #724 - DELINQUENT STREET LIGHT BILLS AND CONDEMNATION COSTS Mr. Anderson explained that there was a list of several delinquent mid-block lighting bills and the charges for one condemnation under this category of assessments. No one was present to contest the street light bills. Mr. John Chudek, owner of 4000 Central Avenue, was present to contest the condemnation costs on this building. Mr. Chudek has been assessed in an amount of $414. He explained that he was planning to take the building down before the action was brought by the City. He outlined the reasons that the burned building had not been taken down sooner as being: the cold weather, problems with his insurance company, and the lack of a demolition code in the City. He also mentioned that he must continue to pay taxes on the building, even though it no longer exists. Attorney Kalina replied that taxes paid in 1977 are based on the value of the building on January 2, 1976. The taxes payable in 1978 are based on the value of the building on January 2, 1977. He stated that, since the building was in a burned condition January 2, 1977, the value would be considerable lower than it had been in the past. The Attorney then explained that Mr. Chudek had been served with notices to remove the building prior to the initiation of the condemnation procedure. The building was not taken down, primarily because of some problems Mr. Chudek was having with his insurance company. November 29, 1977 On December 13, the Attorney and Building Inspector asked the Council for a condemnation order, mandating that the building be torn down and authorizing the City to go to court if it was not taken down within a specified period of time. The building was not taken down and on March 28 the City and Chudek wemt to court. Neither Mr. Chudek nor his attorney appeared in court to contest the proceedings. Mr. Chudek's lawyer never supplied the City with any evidence that the building would soon be taken down. Mr. Kalina pointed out that the state statute regarding the condemnation procedure authorizes the City to assess for full recovery of its costs. Mr. Chudek stated that he feels he is being unjustly charged for something. He also said[ he was sure the Council didn't authorize the charges. The Mayor asked the Attorney if the state statute regarding condemnation author- ized or required the recovery of costs by the City. Mr. Kalina replied that it authorized recovery. Councilman Heintz stated that, in light of the fact that Mr. Chudek will be paying taxes on a building that only stood until April, it would be an injustice to require him to reimburse the City for condemnation costs. Councilman Logacz agreed with this reasoning. Motion by Heintz, Seconded by Logacz to strike the special assessment of $414 against ~000 Central Avenue. Amendment: by Hentges to strike the assessment only if Mr. Chudek will be required to pay taxes on the building for the year it was torn down. Mayor Nawrocki noted that it had already been determined that taxes would be paid on the value of the building in its burned condition. Councilman Hentges' amendment dies for lack of a second. Roll Call.: Logacz, Heintz, Nawrocki--aye Hentges--nay Norberg--absent Motion carries. The total to be assessed under project ~724 was reduced to $481.67 with the deletion of the $414 in condemnation costs. PROJECT #728 - WEED CONTROL Mr. Anderson reported that there were several properties which were charged for weed control, the total assessed being $207.02. None of these assessments were contested. The Mayor answered some general questions on the weed control program. PROJECT #717 - STORM DRAIN, 39~5 AVENUE TO bOTH AVENUE, 500 FEET EAST OF CLEVELAND STREET The total cost of this project was $2,619,08 and affected owners of lots 3 to 8 and 9 to 14, block 3, Apache Heights. It was noted that the actual cost was slightly below the estimate for the work. November 29, 1977 The recommendation was to assess all twelve lots $179.11 for pipe installation and lots 9 through 12 an additional $117.44 (to total $296.55) to cover the cost of the grading. This had been discussed at the time of the hearing when the project was approved. Mr. Randy Tinsen, 2107 39½ Avenue; Mr. Ron Abrahamson, 2117 39½ Avenue; and Mrs. Elizabeth Smith, 2125 39~ Avenue (three of the four property owners being assessed $296.55) were present and had several questions for Engineer Brown. The owners and Mr. Brown went to the back of the room with the plans to discuss the project. PROJECT #718 - 42½ AVENUE TO 42ND AVENUE, RESERVOIR BOULEVARD It was noted that this assessment was based on the square foot assessment policy. The total cost was $2,115.74, slightly below the estimate. There were no questions on this project. PROJECT #720 - SIDEWALK REPLACEMENT Bob Owens of the Engineering Department staff explained the locations and procedures involved in the sidewalk replacement program. He noted the total cost of the project as being $42,826.50; this project is also slightly under the estimate. There was a gentleman in the audience speaking for Madeline vonHeideman, 3718 Central Avenue. He explained that three or four sections of sidewalk were marked for replacement and more were actually replaced; they wanted to know why. Also, the private service walk had been damaged by the sidewalk contractor and replaced. They were wondering if they were charged for this work. Jim Molinaro of the Engineering Department Staff replied that, in some cases, more sidewalk had to be removed and replaced than had been deemed hazardous when it was initially inspected because of grade problems. More sections were replaced to get a better grade. He also explained that since the private service walk had been damaged by the contractor, it was replaced at no cost to the owner. The Mayor asked why more sidewalk was replaced than was indicated. Mr. Molinaro replied that only hazardous sections were marked when the inspection was made and no allowance was made for correcting grades. Mayor Nawrocki asked if this was indicated to the owners prior to actually doing the work. Mr. Owens replied that it was not, and he apologized to these people for not notifying them. Ms. vonHeideman then pointed out that the boulevard was never sloped back after the work was completed. Mr. Owens took the address and stated that it would be checked and corrected. Mr. Ed Meyers of 4250 Central Avenue stated that the sidewalk he was billed for was not on his property. Again, the address was noted and this problem would be checked. PROJECT #717 (CONTINUED) Mr. Brown had discussed the questions and concerns of the affected property owners with them. He noted at this time that the grading which was to be charged to lots 9 through 12 had been done by the contractor who built these homes. Therefore, no cost was incurred on grading and all assessments would be equal. The total cost of the project was divided between the twelve affected owners for assessments of $218.26 each. November 29, 1977 Mayor Nawrocki asked that these owners be notified of the change. Councilman Norberg joined the meeting at 8:50 p.m. Mr. Tinsen of 2197 39~ Avenue stated that he felt the contractor who had built the homes should be responsible for paying the full assessment. Mayor Nawrocki noted that it is the City's practice to send the bill to the owner of the property. It would be the owner's responsibility to try to collect from the contractor. The Mayor then asked staff to check the minutes of the public hearing regarding this project to verify what was said by the contractor and the owners, to determine if there was any obligation on the part of the contractor. PROJECT #704 - CURB AND MAT Mr. Anderson pointed out that this was a rather complex project, and asked George Brown to explain. Mr. Brown explained the work involved, the area involved, and the delays which arose, making it impossible to complete the project this year. Councilman Heintz asked what assurance the people had that the work would be done. Mr. Brown replied that fifteen percent of the contract amount had been withheld from the contractor. Mr. Owens added that the City also has the contractor's performance bond. Mrs. She]lito, 403 Summit Street, stated that she did not feel she should have to pay the assessment since the work is not completed. The Mayor pointed out that most of the work was done. Councilman Heintz suggested letting the people in the construction areas check the lists of work left to be done that have been prepared by the City staff. They could then add anything they knew of which should be done. There was some general discussion on this project. RESOLUTION 77-80 ADOPTING ASSESSMENT ROLLS Adopting Assessment Rolls according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and confirming all other proceedings, heretofore had: Special Assessments numbered 704, 717, 718, 720, 724, 727, and 728. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:30 p.m. on the 29th day of November, 1977, at the Field House in Columbia Heights, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roi1 therefore. November 29, 1977 THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment rolls known and described as "Assessment Roll for Local Improvements numbered 704, 717, 718, 720, 724, 727, and 728." Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment rolls was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment." And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land respectively in said assessment rolls. Section 3. That said assessments may be paid in part or in full without interest on or before December 30, 1977, or in annual installments for a period of from one to ten years as designated on each assessment roll, pay- able on or before the 30th day of September, annually, with 8 percent interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10 percent penalty Js added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and re-determine to proceed with said improvements, does ratify and confirm all other proceedings heretofore had in regard to these improvements, and said improvements shall hereafter be known and numbered as Local Improvements numbers 704, 717, 718, 720, 724, 727, and 728. Section 5. This resolution shall take effect immediately upon its passage. Passed this 29th day of November, 1977. Offered by Logacz, Seconded by Heintz. Roll Call: Ail Ayes There was a short discussion regarding the City Hall addition and remodeling project. Motion by Heintz, Seconded by Hentges to~n at 9~2/~ Roll~all: Bruce G. Nawrocki, Mayo~ ~ ~ " r All Ayes Secretary