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HomeMy WebLinkAboutNov 30, 1978OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA NOVEMBER 30, 1978 The meeting was called to order at 7:40 p.m. Roll Call: Logacz, Heintz, Hentges, Nawrocki Present About 20 residents were present. PURPOSE OF MEETING Mayor Nawrocki noted that this was a special meeting to consider projects which have been completed during the past construction season. These projects were the subject of previous hearings and were approved at that time. The purpose of the meeting tonight is to review the costs and answer questions on the work or the assessments, if anybody feels there may have been an error. PROJECT 595 - 5th STREET STORM SEWER The City Manager stated that the project cost was $145,604.52. The staff has reviewed the records for this area and the assessor has found additional credits of $1,231.80. The new assessment figure to be assessed to all benefitting properties will be $144,372.72. Slides were shown indicating the dollar amounts provided by EDA grants, state aids and grants, transfers from sewer and storm sewer funds. Discussion followed on where the storm sewer was installed. Mrs. Shellito, 403 Summit N.E., questioned her billing because she was told by the bank at the time she bought her home that there were no pending assessments. As a result, no money has been escrowed for this project. Several other residents stated they also had not been informed of the pending improvements when they purchased their homes. They were told to contact the City Attorney with their questions. Discussion followed on the amount of the assessment, whether this was a final price, and on work that was done in 1970 at the 1½¢ per square foot figure and work done since at 2¢ per square foot. Motion by Heintz, seconded by Logacz, that the Council, if the project is approved, incur the costs assessed to Mrs. Shellito, if in fact the lending institution cannot go back to the original owner and get the money, as the City was in error in providing information. Mayor Nawrocki stated he would not vote for the motion until he heard from the City Attorney. The City Attorney stated that the special assessments search done for the bank does not have this project listed as a pending improvement. It is stamped on the notice, however, that the City does not assume liability for the information. The benefit is still accruing to the property. Another resident asked why she could not be included in the motion because she felt that her assessment was also done improperly. Mayor Nawrocki explained that if the City Attorney's search proved that the City was liable, any resident could ask for a rebate of an assessment at any time. Discussion followed on the procedure. November 30, 1978 Page 2. Roll Call: Logacz, Heintz - Aye Hentges, Nawrocki - Nay Mot ion fails. The Mayor asked the City Attorney to make a report to the Council. If there is a justified reason for an abatement of the assessment, the matter will be taken up again. He asked that Mrs. Shellito be notified in writing when the City Attorney has an answer. PROJECT 688 CENTRAL AVENUE URBANIZATION The City Manager stated that this project was the urbanization of Central Avenue including asphalt, curb, gutter, and sidewalk. The assessment is $72,409. Some money for the project will come from state aids and transfers from storm sewer fund. Discussion followed on whether Hilltop was being charged at the same rate as Columbia Heights. PROJECT 721 - SANITARY SEWER Mr. Hemp, 4048 3rd St., asked why the City doesn't open 3rd St. up to 41st Ave. and said the police drive around the barricade all the time to patrol. Councilman Heintz explained that the property belongs to the school district and not the City. Mayor Nawrocki asked the City Manager to have the Police Chief contact Mr. Hemp to discuss the matter of patrolling on 41st. Mr. Moneta, 4312 Madison St., asked how many sides of his property were being charged for the sewers and why the administrative costs on his property amounted to $1600. He stated he doesn't fee] the piece of property justifies the assessment and feels the property assessment should be adjusted to allow for the odd size of his property. Hillie Carlson, City Assessor, explained to the Council that an adjustment has been made on Mr. Moneta's assessment already. Mr. Moneta stated he doesn't agree with the method the City Assessor used to figure his adjustment. Councilman Norberg joined the meeting at 9:00 p.m. PROJECT 725 - WATERMAIN The City Manager stated that this is in the same general area as project 721. The project was authorized in September of 1977. The total project cost is $9,307. Mr. Moneta stated he objects to this charge on the same basis as his objection to the other assessment. Millie Carlson stated that he was given the same adjustment on this project as on the other. PROJECT 722 - STORM SEWER The City Manager stated this project was authorized in August of 1977 at 2¢ per square foot. The total project cost to be assessed is S9,209.50. November 30, 1978 Page 3 PROJECT 731 - SIDEWALK REPAIR The City Manager stated that in May, 1978 the Council authorized the project. The total assessment is $13,833.27 for streets and $947.85 for avenues. Mrs. Lorraine Tulek, 1010 42nd Ave., stated that some concrete was taken up in front of her home that wasn't supposed to be. The workers told her that the contractor would contact her, but he never did. She doesn't feel she should pay for the part that was damaged in error. Councilman Heintz asked if the Engineering Department knew of the damage and still proposed to charge her for the work. George Brown, City Engineer, answered that approximately nine square feet will be removed from the assessment. Councilman Norberg asked if the City would have to pay for it or how the City can get the money back from the contractor. George Brown answered that the final payment has not been made to the contractor and some money is being held back. PROJECT 740 - MISCELLANEOUS BILLS The City Manager stated that this is a list of miscellaneous delinquent bills. He is requesting that these be assessed to the property owners. Discussion followed on several of the bills and what they were for. RESOLUTION 78-63 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 595, 688, 721, 725, 722, 731, and 740. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:30 o'clock P.M. on the 30th day of November, 1978, at the Field House, 530 Mill Street N.E., 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 roll therefore. THE CITY OF 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 as amended by the additional credits 595, 688, 721, 725, 722, 731, and 740. 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 November 30, 1978 Page 4 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 is the amount set opposite the description of each such lot or parcel of land respectively in said assessment rolls. Section That said assessments may be paid in part or in full without interest on or before December 29, 1978, or in annual installments for a period of from one to ten years as designated on each assessment roll, payable on or before the 30th day of September, annually, with 8~ interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 1OS penalty is added and the said delinquent special assessment is certified to the County for collection with the rea] estate tax. Section That this Council did hereby determine and redetermine 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 numbered 595, 688, 721, 725, 722, 731, and 740. Section 5. This resolution shall take effect immediately upon its passage. Passed this 30th day of November, 1978. Offered by: Heintz Seconded by: Hentges Councilman Norberg stated he believes that on the basis of the area of the ]and involved on either side of 3rd St., it seems to be inequitable to charge 2/3 of the assessment to the property on the east side of the line. The current use of the land is still the same on both sides of the street and the zoning code doesn't permit any heavy development that would benefit the property in that proportion. Nayor Nawrocki pointed out that the cost of the pipe has a relation- ship to the length of the pipe. Discussion followed on the method of figuring the assessment. Hayor Nawrocki pointed out that Hr. Noneta had been given an adjustment already. Roll Call: All Ayes RESOLUTION 78-64 Being a resolution appropriating Sewer Utility Funds to various construction projects. WHEREAS, the City of Columbia Heights has completed certain construction projects that benefit the sanitary sewer operation, November 30, 1978 Page 5 Now, therefore, be it resolved by the City Council of the City of Columbia Heights as follows: There is appropriated from the Sewer Fund $69,083.85, $11,210.40 to Fund 595 - 5th Street Storm Sewer fund, $21,748.62 to Fund 522 - Storm Sewer Project 722, and $36,124.83 to Fund 304 - Project 688 Central Avenue Urbanization. Passed this 30th day of November, 1978. Offered by: Heintz Seconded by: Hentges Roll Call: All Ayes METROPOLITAN WASTE CONTROL COMMISSION JOINT USE RENTAL AGREEMENT FOR 1979 The City Manager stated that this is an item from Monday night's meeting. The City has entered into this agreement since 1972. The purpose of the agreement was to reimburse the City for a trunk line being used to facilitate use by other communities. The question was raised on whether the rate was negotiable. He explained how the rate was established and stated that the City was receiving payments on a monthly basis. Discussion on whether more volume would lead to faster deterioration of the pipe, depreciation, replacement costs, and how replacement would be assessed. Motion by Heintz, seconded by Logacz, to authorize the Mayor and City Manager to enter into continuance of the contract. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Nay SULLIVAN LAKE DEVELOPMENT PROPOSALS The City Manager stated that this item is a result of a meeting with Councilman Heintz and the City Attorney to review the Sullivan Lake proposals. Three of the proposals were for townhouse developments. Others were for a combination of townhouses, condominiums, and office facilities with parking. He asked if the Council would consider a more intense use of the property or if the Council would rather stay to the townhouse type of development which is more in line with the existing zoning. The more intense use would add to the assessed value as well as the selling price. Discussion followed on the zoning, the problems that might occur with the development of units of this type, commercial benefits versus residential benefits on tax base, fiscal disparities, and state aids per person. Councilman Heintz stated he would like the City to use the Planned Unit Development to make use of townhouse, condominium and commercial use. Councilman Norberg stated he cannot stand the idea of increasing the density to this degree but he would support a Planned Unit Development proposal of a lower density. November 30, ]978 Page 6 PAYMENT IN LIEU OF TAXES FOR PROPOSED CRESTVIEW APARTMENTS Residents have been notified of the public hearing scheduled for December 4th to have a second readin9 of the ordinance to change the zoning of the Crestview property. The City Attorney indicated that there is no way the City can have an enforceable contract for payment in lieu of taxes. Any agreement would be in 9ood faith on Crestview's part. Discuss on followed on how the City could be assured of a payment. Motion by Heintz, seconded by Logacz, to adjourn at 10:40 p.m. Roll Call: All Ayes Bruce~'l~. Nawrocki, Mayor Counci ] Secretary