HomeMy WebLinkAboutNov 26, 1980 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL
SPECIAL ASSESSMENTS PUBLIC HEARING
NOVEMBER 26, 1980
The meeting was called to order by Mayor Nawrockl at 7:30 pm.
Roll Call: Logacz, Norberg, Hentges, Nawrocki--present
Heintz--absent
The Mayor explained that the purpose of this meeting is to consider special
assessments for public improvement projects previously authorized and now
completed. The projects will be individually reviewed by staff and this meeting
will afford residents who received these assessments to ask questions or make
conuaents on the improvements.
The City Manager briefly reviewed the items to be discussed and the City Assessor
explained the assessment procedure.
Project No. 735 dealing with curb, gutter stub outs and asphalt mat on 42½ and
44½ avenues, as well as the entrance streets of Fillmore, Pierce and Buchanan.
This is a partial assessment, balance will be assessed and/or paid by the City
at a later date when all costs are known. Assessment period is for fifteen years
at 8~ interest.
Reverend Henry Beltz, 953 42½ avenue, is concerned about indentations in the
blacktop on 42½ avenue that were made by the contractor's trucks. The City Manager
felt these indentations were a result of exceeding the load limit design for
a residential street by the trucks.
Mrs. Helen Kocur, 1213 42nd avenue, referred to the meeting of December 12, 1978,
at which time sod for this project was eliminated. She wanted to know if the
assessment includes sod. The City Manager said he would find out. Also, Mrs. Kocur
was given an explanation as to why the dollar amount of her assessment given at
the prior public hearing was different than the one she received. One figure was
an estimate and the other was the actual cost bid.
David Brashowitz, 1312 42½ avenue, felt the price was fair, but was not at all
satisfied with the workmanship of the project. He was aware that the City is in
the midst of arbitration with the contractor and inquired as to the present
status of the arbitration. The City Attorney advised the residents that the arbi-
trators are dealing with the monies of this project and not with the on-going
warranties of workmanship. He assured the people that efforts will continue to see
that corrections are made on their property by the contractor. Mr. Brashowitz also
inquired as to why the residents are being asked to pay for something that was not
satisfactory. The City Manager explained that the project has been completed and
the improvements do exist. Some of the improvements are questionable. The City is
withholding some of the payment for poor workmanship until arbitration is com-
pleted.
John Ward, 965 44½ avenue, questioned his "corrected assessment" statement and was
told by the City Assessor that there was a balance on a previous assessment that
was included in this statement.
John Hunter, 1013 42½ avenue, had real concern with his driveway. It was originally
concrete with sand and wire mesh. The contractor replaced it with only concrete and
now most of it is cracked. He said he will not pay for any repair or replacement.
He also questioned the character of the landfill that was used to fill in behind
the curbs in the area. It was his observation that it had objectionable materials
in it. He was advised by the City Manager that the contractor was to have used fill
from the site and that this situation will be checked by the staff.
Robert Griffin, 1316 44½ avenue, has had damage done to his vehicles because of the
angle of his driveway. He has called the Engineering Department on this. The Public
Works Director said his department will follow through on this.
Thomas LaCount, 1129 42½ avenue, is also experiencing problems with his driveway as
is Ruth Daehn, 1220 44½ avenue. She questioned some cuts that were made in her drive-
way and markings that were made by someone she thought was a city crew. This matter
will be checked by the Public Works Department.
JBLIC HEARING-SPECIAL ASSESSMENTS
NOVEMBER 26, 1980
page 2
Joe Czech, speaking on behalf of his mother who is the owner of the lot at I021
42nd avenue, wanted to know if there were sewer and water stub outs on the pro-
perty. He was told the Public Works Department could show him the location of
these items, if he wished.
John Kruse, 1038 44½ avenue, wanted to know if the Engineering Department had a
list of those addresses in this area that are experiencing problems with drive-
ways and aprons. His concern was for those people who were not at this hearing
and that their needed repairs were on record with the City. He was advised that
a list was prepared based upon the inspections that were done by the Engineering
Department of the area.
George Eckenroth, llO1 44½ avenue, owns three parcels in this area and inquired
as to whether he was being assessed for aprons on these parcels or not. He was
advised that aprons were not assessed separately, they are included in the total
assessment amount.
Ellen Frasier, who owns a lot at 1145 44½ avenue, told the Council that an apron
was put on her lot whose placement she is not happy with. She was advised that
staff would check as to who indicated this placement and notify her.
Project No.739 dealing with an alley opening and blacktop west of Central, between
49th and 50th avenue. This is a partial assessment, balance will be assessed at a
later date when all costs are known. Assessment period i~ for five years at 8% interest.
Legal counsel for one of the property owners affected by this improvement told the
Council that his client felt the cost was much higher than he had first been led
to believe. His client a]so feels that this improvement did not benefit his busi-
ness and that the grade on the project was poorly done. The Mayor has viewed this
property on a number of occasions and suggested that the property had not been
adversely affected. In his opinion this improvement benefitted the property in that
this alley is the only access customers have to the business. The Mayor also told
the owner that one of the reasons that the suggested costs are as high as they are
is that this individual has been fighting this project which resulted in the need
for land acquisition.
Project No.754 dealing with lateral sanitary sewer and watermain extension for 3801
and 3755 California Street. The City Manager explained this project.
Assessment period is for five years at 8% interest.
Project No.755 dealing with seal coat in the area of University to Central avenues,
45th to 53rd avenues. Assessment period is for one year at 8% interest. This project
was explained by the City Manager. One resident inquired as to when the work would
be done and was advised that it had been completed in the spring of 1980.
Project No.757 dealing with alley blacktop surfacing on the alley south of Fairway
Drive, west of Chatham Road. Assessment period is for four years at 8% interest.
The City Manager explained this project.
Project No.758 dealing with alley blacktop surfacing on the alley 2½ to 3rd streets,
37th to 38th avenues. Assessment period is for three years at 8% interest. Gordon
Schnapp, 3737 2½ street, asked when the project on 37th avenue will begin as he feels
there will be a problem with this alley when 37th avenue is surfaced. He was advised
that the project on 37th avenue will start in the spring of 1981. Paul Janknowki,
3755 2½ street, questioned the grade changes that have resulted with this project an
is concerned with possible water problems. He also felt that this may not be an
equitable assessment because he does not use the ailey. He was informed that all
abutting property does benefit even though he does not use the alley.
:-dBLIC HEARING-SPECIAL ASSESSHENTS
N0VEHBER 26, 1980
page 3
Project No.759 dealing with alley blacktop surfacing on the alley Madison to
Monroe, ~Oth to ~lst avenues. Assessment period is for four years at 8~ Interest.
The City Manager explained this project.
Project No. 760 dealing with miscellaneous delinquent bills for mid-block llghting,
tree removal and weed control. Assessment period is for one year at 8~ interest.
The City Manager explained this project'. The City Assessor advised the Council
that those bills showing as being due by Gerald Uran and Neil Cleland for mid-
block lighting were paid after the assessment list for this meeting was printed.
The corrected total for all miscellaneous delinquent bills is
Motion by Norberg, second by Logacz to delete from Project No. 760 those bills
showing as being due for Gerald Uran and Neil Cleland as they have been paid.
Roll Call: Ali ayes
Project No.763 dealing with grading for storm drainage on lots 11 and 12, block
3, Reservoir Hills, Anoka County. The City Manager explained this project.
Assessment period is for a one year period at 8~ interest.
Councilman Norberg questioned the fifteen year assessment period on Project No.
735. The City Assessor explained why this period of time was allotted to pay
these assessments on this project. Her feeling was that to shorten the time
would find annual payments to be quite high, some ~ould be around three to four
hundred dollars. She advised that these time limits could be changed at the dir-
ection of the Council. The Mayor told Councilman Norberg he felt this observation
should have been made while the interested residents were still at the meeting.
In his opinion, a change at this time ~ould be iii-advised in that people left the
meeting understanding they ~ould have fifteen years to pay off the assessment.
The City Assessor requested that the date for the deadline to pay current special
assessments be changed from September 3Oth to September 15th starting with this
year's levy. Delinquent accounts must be certified to the County by October loth.
This timeframe has proven to be a hardship on the Assessor's staff because it is
so short. This date is not set by the City Charter but may be set by the Council.
Motion by Logacz, second by M~ntges to waive the reading of the resolution there
being ample copies available to the public. Roll Call: All ayes
Motion by Logacz, second by Nentges to amend the resolution in Section 3 to read,
"payable on or before the 15th day of September'~.
Roll Call on the amendment: All ayes
Motion by Norberg to delete Project No. 735 from the resolution. Motion dies for
1ack of a second.
Motion by Norberg, second by Hentges to modify Project No.735 from a fifteen year
period for assessment payments to a ten year period. Councilman Logacz felt this
motion had limited merit in that if people chose to pay these assessments in a
shorter period of time they could. He feels the fifteen year period was chosen
to avoid any possible hardship that could result from high payments that may occur
from a shorter time.
Roll Call on modification: Logacz, Hentges, Nawrocki--nay Norberg--aye Motion fails.
PUBLIC HEARING-SPECIAL ASSESSMENTS
NOVEMBER 26, 198o
page 4
R E S 0 L UT I 0 N / 80-75
Adopting assessment rolls according to the City Charter for the
following local Improvements ·nd determining that said Improvements
have been made ·nd ratlfylng and confirming all other proceedlngs,
heretofore had: Special Assessments numbered 735, 739, 754, 755,
757, 758, 759, 760, & 763.
WHEREAS, the City Council of the City of CoIumbla Heights, Minnesota,
met at 7:30 o'clock p.m. on the 26th day of November, 1980, In the City
Council Chambers, 590 - 40th Avenue N.E., Columbla Heights, Hinnesota,
being the time ·nd place set when ·nd where a)l persons Interested
could appear ·nd be heard by the Council with respect to benefits, ·nd
to the proportion of the cost of making the loca~ Improvements above
described, a notice of such hearing havlng been heretofore duly publlshed
as required by law, and a notice mailed to each property owner of record,
stating the proposed ·mount of the assessment;
VHEREAS, thls Council has heretofore estimated ·nd fixed the cost of
such local lmprov~nts ·nd has prepared an assessment rol1 therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this council does hereby adopt the ·for·said assessment
roils known ·nd described ·s '~ssessment Ro)) for Local
Improvements" numbered, 735, 739, 754, 755, 757, 758 759,
760, and 763. '
Sectlon 2.
Sectlon 3.
Sect ion 4.
That this council hereby finds ·nd determines that each of
the lots ·nd parcels of land enumerated in said assessment
roils was ·nd is especially benefitted by such Improvement
in ·n ~mount not less than the ·mount set opposite In the
column headed 'Total Assessment". And thls council further
finds ·nd determines that the proper proportlen of the
cost of such Improvements to be especlally assessed against
such lot or parcel of land Is the amount set opposite the
description of each such 1or or parcel of land respectively
In said assessment rolls.
That sald assessments may be paid in part or In full wlth-
out Interest on or before December 26, 1980, or in annual
Installments for · period of from one to fifteen years es
designated on each assessment roll, payable on or before
the l$ day of September, annually, with 8~ Interest
thereon. Failure to pay the annual Installment renders
the same delinquent end thereafter · 10~ penalty Is added
and the said delinquent special assessment Is certlfled
to the County for coil·etlon with the real ·state tax.
That this Councll did hereby determine end redetermlne
to proceed wlth said Improvements, does ratify and confirm
· 11 other proceedings heretofore had in recj~rd to these
Improvements, end sald Improvements shall hereafter be
known and numbered ·s Local Improvements namber·d 735, 739,
754, 755, 757, 758, 759, 760, and 763.
PUBLIC HEARING-SPECIAL ASSESSMENT
NOVEMBER 26, 1980
page 5
Section $. This resolution shall tike effect Im~edlete1¥ upon Its
passage.
Passed this 26th day of November, 1980.
Offered by:
Seconded by:
Roll Call:
Logacz
Hentges
Logacz, Hentges, tJawrocki--aye
Norberg--nay
~ruce G. Na~rocki, Kayor
Jo-Anne Student, Council Secretary
Notion by Logacz, second by Hentges to adjourn the meeting. Roll Call: All ayes
Adjournment: 10:q$ pm.