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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.