HomeMy WebLinkAbout09/21/1987 Council Minutes (2)1
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
A special meeting of the Lino Lakes City Council was called
to order by Mayor Benson at 7:15 P.M. Council Members
present: Marier, Bohjanen. Council Members absent: Bisel
and Reinert. City Engineer, Ron Stahlberg; Administrator,
Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were
also present.
The purpose of the meeting was to conduct the public
hearings on the assessments for the following projects: 4th
Avenue Improvement and the restoration of Ditch No. 22, the
Deer Pass Trail Improvement, the North Road improvement and
the Ash Street sewer and water installation.
Mr. Stahlberg explained that booklets have been prepared
outlining the procedure for this hearing. Each speaker will
have three minutes to make their presentation.
4TH AVENUE ASSESSMENT PUBLIC HEARING - RESOLUTION NO. 51 -
87
Mayor Benson called to order the public hearing for the
assessments for 4th Avenue at 7:18 P.M. Mr. Stahlberg
presented the background on this improvement indicating that
the improvement was initiated several years ago because of
drainage problems in the area south of Main Street. He
outlined the costs of the project. The total cost is
$713,232.00 and costs ineligible for MSA funding are
$71,288.00. Anoka County has agreed to contribute $10,000
and Rice Creek Watershed District has agreed to contribute
$9,600 to the maintenance of Ditch No. 22. This leaves a
balance to be assessed of $51,688.00. There are twenty
eight parcels of land along 4th Avenue and thirty three lots
in Sherwood Green that are being proposed to be assessed.
Mr. Stahlberg explained the Council has decided to assess on
the basis of front footage and using a maximum depth of 150
feet. Lots not adjacent to 4th Avenue will be assessed at
$500.00 each. Two lots have been excluded from the
assessment because they are being used for holding ponds and
are not buildable. In addition the Council has decided that
the two different zonings in the area should be considered
and it was decided to assess the Light Industrial zoned
property at a higher rate than residential property. Also
the Council discussed requiring the developer of Sherwood
Green to participate in the assessment.
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
Harvey Cheesebrough, 7655 - 4th Avenue - Mr. Cheesebrough
said the Council originally has indicated that no property
south of Thomas Street would be assessed. Since then the
Council has taken property from him for easement purposes
and is now proposing to assess him approximately the same
amount as was paid him for the easement. He felt that he
and Molin Concrete Products would be paying about 25% of the
cost of the entire improvement. In addition he noted that
he felt the assessment was at the wrong end of the project.
He felt that those further to the north should pay more
since they would be receiving more benefit than his
property. Mayor Benson told Mr. Cheesebrough that he was
not being assessed the full amount and he was receiving an
area wide benefit.
Mr. Stahlberg explained to Mr. Cheesebrough that he was
being assessed on a front foot basis as was everyone else
along 4th Avenue. At the time the improvement was ordered
the Council did not have an assessment policy and this is
why there has been some confusion as to who would or would
not be assessed. Also this is the first state aid
improvement project completed by this City. Mayor Benson
noted that at the beginning he felt that the Council said
there would be no assessment for the improvement of 4th
Avenue only. There would be an assessment for the
improvement of Ditch No. 22.
Mr. Cheesebrough said he felt sorry for those who did have a
drainage problem but felt he was bearing an unnecessary
large portion of the costs.
Neil Banta, 7829 Nottingham Lane - Mr. Banta said he
remembered a meeting about a year ago when the Council
discussed an escrow account of the developer of Sherwood
Green which was to be applied to this improvement. He
wondered what happened to this account. Mr. Banta also
noted that the area north of Main Street certainly benefits
from the improvement of Ditch No. 22 because water is now
able to get out of the area faster. Mr. Stahlberg told Mr.
Banta that the property owners north of Main Street will be
paying an assessment in the future when the ditches north of
Main Street are cleaned and improved. These property owners
are outside of the district and cannot legally be assessed.
Mr. Banta felt that they get direct benefit and felt they
should have been included in the assessment. Mayor Benson
said they were outside of the scope of the project and if
the Council were to consider assessing the property north of
Main Street they would have to address the question of how
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
to make residents in Columbus Township pay since they surely
would benefit as much as the Lino Lakes residents. This
project did not change the flow of the water in this area,
just improved the vehicle by which the water was taken out
of the area.
Bill Frogner, 475 Lois Lane - Mr. Frogner said the original
culvert under Main Street drained into nothing. This was
causing the problem on his property. He felt the problem in
his area was caused by drainage from north of Main Street
and they should not be excluded from the scope of the
project.
Mr. Schumacher explained that the City has access to an
escrow provided by the developer. Mr. Nelson has indicated
that he is willing to pay his fair share of the improvement.
This account amounts to about $10,000.00. Mr. Marier said
he thought that the developer was going to be responsible
for about $20,000 of the improvement and asked that the
minutes be researched on this matter.
Stan Weiss, 7770 - 4th Avenue - Mr. Weiss asked if Mr.
Nelson was responsible to run a line to Ditch No. 22 to
handle the run -off from the Sherwood Green subdivision.
Mayor Benson said that the City had a different engineering
firm as consultant and the engineering on the development
was apparently not completed. Mr. Schumacher said that Rice
Creek Watershed District was involved in the original plat
to be sure that ponds were sized correctly. Unfortunately,
outlets for the ponds were not one of their concerns. They
were only concerned than water did not flow from the plat at
a faster rate that what had occurred prior to the
development. Mr. Frogner said that the plat was based on
the supposition that the county ditches be of a certain
capacity. However, they have long since filled in.
Julie LeBlond, 7865 - 4th Avenue - Mrs. LeBlond asked how
the Council could arrive at an assessment rate when Mr.
Nelson's portion has not been decided. Mr. Cheesebrough
said that $20,000 was the amount mentioned last year.
Leroy Wood, 499 Lois Lane - Mr. Wood felt his assessment was
too high. When he built his house he was required to build
a more expensive mound septic system. He has also a
oa
lot of money to be sure his house remains dry. this
these precautions, he felt he should not have to pay
high of an assessment.
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Joseph Goetz, 7811 Nottingham Lane - Mr. Goetz said he built
on grade to avoid a water problem in his home. He felt the
improvement did not benefit him and asked when he would know
if there is a new assessment figure. Mayor Benson explained
that his property is in the scope of the project and he will
be receiving an assessment. This City will notify him
shortly regarding the exact amount of the assessment.
Mr. Stahlberg noted a letter from Molin Concrete Products
indicating that they plan to protest their assessments. He
noted that prior to the improvement of 4th Avenue, Molin was
restricted from using 4th Avenue when their trucks were
loaded. Mr. Cheesebrough noted that even now they do not
use 4th Avenue except for only a short length of the road.
Lon and Susan Stole , 7830 Nottingham Lane - Mr. Stole said
he had never had a water problem and wondered what his
benefit would be.
Valerie Rosengren, 7943 - 4th Avenue - Mrs. Rosengren told
the Council that she had a large amount of sandburs on the
boulevard in front of her residence. She also noted that
she did not get a culvert but does have two driveways. Mr.
Stahlberg said, that the area was seeded and should be
sprayed for sandburs.
Gerald Dorn, 7942 - 4th Avenue Mr. Dorn asked when he
could expect the ditch from Main Street to 4th Avenue to be
completed. Mr. Stahlberg explained that it was promised
within the next two weeks. Mayor Benson asked that a letter
be sent to the County saying the Council expected that this
portion of the project would be completed within two weeks.
Stan Weiss - 7770, 4th Avenue - Mr. Weiss said he was
concerned with the quality of grass, the growing season was
very dry and it looks terrible. Mr. Stahlberg will check on
this matter.
Jeanne Goldade, 7801 - 4th Avenue - Mrs. Goldade asked when
the residents would know when the new assessment would be
available. Mr. Stahlberg said he did not know yet, the
Council must determine which way they are going to assess
for Sherwood Green and how much the developer should pay.
Jim Wrobel, 7780 Lois Lane - Mr. Wrobel asked why Thomas
Street and Carl Street were not included in the assessment.
He noted that originally RCWD had indicated that the entire
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area to Ditch #22 was to be included in the assessment area.
Mayor Benson disagreed with this statement.
Mr. Frogner indicated that when he was pumping water twenty
four hours a day, the residents along Carl Street benefited
from the process. He also noted that there were basements
along Carl Street that were flooded and there was trenching
across Carl Street to relieve this problem. Mr. Stahlberg
asked Mr. Frogner if he felt that the scope of the project
should have included areas near the Air Park. There was
discussion on this matter.
Brad Lindgren, 388 Thomas Street - Mr. Lindgren asked if
everyone along 4th Avenue is getting assessed. He was told
they all were from Lilac Street to Main Street.
Don Shackle, 7961 - 4th Avenue - Mr. Shackle noted that
water is the issue here. There is only one way for the
water to exit the area and that is through Ditch #22.
Everyone in the area of Ditch #22 benefited from the
improvement.
Mr. Frogner asked where the water goes from the Air Park.
Why are they not contributing to the cost of the
improvement? Mayor Benson told the audience that RCWD and
Anoka County paid the cost of improving the drainage in the
ditch and the costs that are being assessed are costs not
covered by MSA funding for the improvement of 4th Avenue.
Mr. Marier moved to close the public hearing at 8:12 P.M.
Mr. Bohjanen seconded the motion. Motion carried
unanimously.
Mr. Stahlberg summed up the project and the proposed method
of assessment. The total cost to be assessed is $51,688.
This money has to come from somewhere. These are the
questions he asked: 1) should Sherwood Green be assessed a
lump sum ($500) per lot or be assessed per front foot; 2)
should the scope of the project be enlarged, legal advice
would be required for this; 3) how much of the improvement
should be assessed and what procedure should be used.
Mr. Marier noted that the residents could not be told
tonight what their assessment would be. Additional
information will be required: 1) what will the developer of
Sherwood Green be required to contribute ?; 2) will need to
determine why the seeding of the boulevards is not according
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
to contract; 3) answer questions regarding culvert.
installation.
Mayor Benson explained that many meetings were held to
determine the scope of this improvement. The Council would
have to start at the very beginning with public hearings and
all the other legal requirements in order to enlarge the
scope. This would delay the assessment until 1989. Mr.
Bohjanen noted that the costs of re- evaluating the scope
could cost so much that it would erase any benefit in
assessment reduction.
Mrs. Rosengren told the Council she was not satisfied with
the provision for access to both parcels of her property. A
ditch runs through her property and the City has provided a
driveway for each parcel. However she would like a culvert
so that she does not have to go onto the roadway to get to
the other parcel.
Mr. Bohjanen asked Mr. Schumacher if the Council could
assume that Mr. Nelson has $10,000 in escrow for this
improvement. Mr. Schumacher said the figure was about
$9,600. He also noted that Mr. Nelson has completed some of
the ponding work in the subdivision.
Mr. Marier moved that the area assessment for 4th Avenue be
computed on a basis of front footage adjacent to 4th Avenue
with depth not to exceed 150 feet; 2) the Sherwood Green
subdivision be assessed at a lump sum of $500 per lot for
the interior lots not adjacent to 4th Avenue; 3) that the
developers letter of credit be part of the reduction of the
total assessment and 4) rate of .035256 per square foot for
property zoned light industrial and .022035 per square foot
for residential property and adopt Resolution No. 51 - 87.
This is the lesser of all the evils in this improvement.
Mr. Bohjanen seconded the motion. Motion carried
unanimously. Mr. Marier noted that the questions regarding
seeding will be looked at as well as the question on the
culvert. He noted that all of the requests have not fallen
on deaf ears.
CITY OF LINO LAKES
RESOLUTION NO. 51 - 87
RESOLUTION ADOPTING ASSESSMENT FOR 4TH AVENUE IMPROVEMENT
PROJECT.
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment
for the improvement of 4th Avenue between Main
Street on the north and Lilac Street on the south
and the maintenance of Ditch #22.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the pro-
posed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual in-
stallments extending over a period of fifteen years,
the first of the installments to be payable on or
before the first Monday in January, 1988 and shall
bear interest at the rate of nine (9) per cent per
annum from the date of the adoption of this assess-
ment resolution. To the first installment shall
be added interest on the entire assessment from the
date of this resolution until December 31, 1987. To
each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any
time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment
on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest
shall be charged if the entire assessment is paid with-
in thirty (30) days from the adoption of this resolut-
ion; and he may, at any time thereafter, pay to the
City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31,
of the year in which such payment is made. Such pay-
ment must be made before October 15, or interest will
be charged through December 31 of the next succeeding
year.
4. The Clerk shall forthwith transmit a certified dupli-
cate of this assessment to the County Auditor to be
extended on the property tax lists of the County. Such
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SEPTEMBER 21, 1987
assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this twenty first day of September,
1987.
=���• .
Benj n G B nson, Mayor
Anderson, Clerk- Treasurer
Mr. Stahlberg said that he is still dealing with correcting
a driveway problem and with a problem on a washout on the
south end of the project.
DEER PASS TRAIL ASSESSMENT HEARING - RESOLUTION NO. 52 - 87
Mayor Benson opened the Deer Pass Trail assessment hearing
at 8:32 P.M. and explained the same process will be used for
this public hearing as for the previous hearing.
Mr. Stahlberg explained that the method of assessment is
based on the same method as the feasibility report. He did
note that he had a question about the three lots on the
cul -de -sac.
Wayne Ellison, 2201 Deer Pass Trail - Mr. Ellison noted that
he owns parcel *3 on the cul -de -sac. He asked several
questions; 1) why should the cul -de -sac be treated
differently than the other lots along Deer Pass Trail? He
noted that in two places on the report his estimate was
based on width rather than front footage. Mr. Stahlberg
explained that his frontage is just the road right -of -way.
2) There appears to be a discrepancy in the credit. What
happened to $1,050 of the credit? Mr. Stahlberg noted that
each of the three lots on the cul -de -sac were given credit
in the amount of $1,116.67. Mr. Ellison said that if he was
to be assessed on the larger width he should receive a
larger portion of the credit. 3) Mr. Ellison understood
that the improvement of Deer Pass Trail was to be based on a
width of 30 feet. Mr. Stahlberg said that the assessment
was based on the same width.
Wilber Blain, 2193 Deer Pass Trail - Mr. Blain wanted to
know if any improvements were planned for the cul -de -sac.
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
Mr. Stahlberg explained that it would be overlayed as well
as the rest of Deer Pass Trail. There are some bad spots in
the street and they will be repaired. Mr. Blain asked if
this would be considered maintenance rather than an
improvement. Mr. Stahlberg explained that this was covered
at the improvement hearing, originally the street was not
completed and the City withheld building permits. However,
building permits have been requested and it was decided to
complete the street to issue the permits. Mr. Blain noted
that this is the only street he drives on in Lino Lakes that
will meet specifications of the City. Mayor Benson noted
that the improvement was not initiated by the City but by
some of the residents on that street.
Mr. Blain felt that the way the assessment was structured,
the residents on the cul -de -sac owned 20% of the street but
were being assessed 30% of the improvement costs.
Mr. Bohjanen moved to close the public hearing at 8:55 P.M.
Mr. Marierseconded the motion. Motion carried unanimously.
Mr. Stahlberg explained that there are two questions to be
addressed. 1) Should he follow the front footage as in the
initial report? and, 2) should he give a larger credit to
the larger lot?
Mr. Bohjanen moved to cut back the frontage on the
cul -de -sac to 150 feet for each lot and the credit would
remain the same and adopt resolution No. 52 - 87. Mr.
Marier seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 52 - 87
RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT OF DEER PASS
TRAIL.
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment
for the improvement of the entire length of Deer
Pass Trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the pro-
posed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual in-
stallments extending over a period of fifteen years,
the first of the installments to be payable on or
before the first Monday of January, 1988 and shall
bear interest at the rate of nine (9) per cent per
annum from the date of the adoption of this assess-
ment resolution. To the first installment shall
be added interest on the entire assessment from the
date of this resolution until December 31, 1987. To
each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any
time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment
on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest
shall be charged if the entire assessment is paid with-
in thirty (30) days from the adoption of this resolut-
iion; and he may, at any time thereafter, pay to the
City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31,
of the year in which such payment is made. Such pay-
ment must be made before October 15, or interest will
be charged through December 31 of the next succeeding
year.
4. The Clerk shall forthwith transmit a certified dupli-
date of this assessment to the County Auditor to be
extended on the property tax lists of the County. Such
assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this twenty first day of September,
1987.
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COUNCIL SPECIAL MEETING
cs,I
Mari1yriJ 0. Anderson, Clerk- Treasurer
Y
SEPTEMBER 21, 1987
NORTH ROAD ASSESSMENT HEARING - RESOLUTION NO. 53 - 87
Mayor Benson opened the hearing at 9:00 P.M. Mr. Stahlberg
explained the background of this improvement indicating that
this is part of the extension of the Metro sewer to the Rice
Lake Estates area. He explained the costs involved in this
improvement will be the same as for Rice Lake Estates. The
assessment will be for a portion of the curb and gutter,
driveway access and for the sewer and water improvements.
The water is from the City of Circle Pines. The costs
outlined are just for the installation and there are no add -
ons.
Mr. Frank Mvelkin represented Jan Clingingsmith of 6808
Lakeview Drive. He asked several questions. When was this
considered to be a pending project? When was the project
completed? When were the previous property owners given
notice of the improvement? What is the cost of the
improvement per foot?
Mayor Benson asked the Clerk to provide this information to
Mr. Mvelkin. Mr. Mvelkin told the Council that Ms.
Clingingsmith was filing a formal objection to the
assessment.
Bob Doocy, 43 North Road - Mr. Doocy told the Council that
the utility connection installed for his property is not in
the proper location but at the far end of his lot. Mr.
Stahlberg noted that the project was designed by another
engineering firm for Metro Waste Control. He did ask that
engineering firm to contact the residents before installing
the connections, however this was never done. Mr. Doocy
said that the October 27, 1986 Council minutes contain a
motion instructing that this problem be addressed and the
residents notified of the results. This was never done as
he still has not heard from the City. Mr. Stahlberg
explained that he did investigate the matter with Metro
Waste Control. They would not adjust their error. Mr.
Stahlberg's recommendation was that Mr. Doocy enter into an
agreement with his neighbor and both connect to one
connection. Mr. Stahlberg explained that this would require
an easement. Mr. Marier felt that it was not Mr. Doocy's
responsibility to get an easement to correct this error.
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
Mr. Doocy told the Council that Mr. Becker, 51 North Road
still did not have a driveway apron. Mr. Stahlberg
explained that this has been brought up to the Metro Sewer
Board.
Roy Stanley, representing Rosemary and Dale Gourley, owner
of Lot 10, Block 7, Lexington Park Lakeview told the Council
that this lot already has an assessment on it from the
Sunset Road improvement. Now it will have three
assessments. Mr. Stahlberg explained that the Gourleys now
can subdivide the lot into three lots. Each lot has sewer
and water hookups available. Mr. Stanley asked if he came
in with a survey to divide the lot into three, will there be
any problems. Mr. Schumacher said no, this would be a minor
subdivision. Mr. Stanley asked if the lot were subdivided
who would pay for cutting in driveway aprons. Mr. Stahlberg
said this would be the responsiblity of the owner. Mr.
Stanley asked if the lot were sold as one lot, would the
buyer have to pay all three assessments. Mr. Stahlberg said
only the one that is being used.
Mr. Marier moved to close the public hearing at 9:24 P.M.
Mr. Bohjanen seconded the motion. Motion carried
unanimously.
There was further discussion on when the Rice Lake Estates
improvement would be completed. Mr. Stahlberg explained
that the flow metering device was not functional and there
were other items to be completed. He felt that all
additional equipment to complete the project would be on
site within two weeks. Mayor Benson asked that Mr.
Stahlberg update the Council on this matter at the October
14, 1987 Council meeting as well as the matter of the
missing driveway apron. He also asked that Mr. Hawkins
prepare the easement document for Mr. Doocy. He asked that
Mr. Mvelkin be given the documents he needed regarding the
Clingingsmith property.
Mr. Marier moved to approve this assessment as proposed by
the Engineer and adopt Resolution No. 53 - 87. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 53 - 87
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF NORTH
ROAD.
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
WHEREAS,
pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment
for the improvement of North Road and the install-
ation of sanitary sewer and municipal water for
North Road from Sunset Drive to Lake Drive.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the pro-
posed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual in-
stallments extending over a period of fifteen years,
the first of the installments to be payable on or
before the first Monday in January, 1988 and shall
bear interest at the rate of nine (9) per cent per
annum from the date of the adoption of this assess-
ment resolution. To the first installment shall
be added interest on the entire assessment from the
date of this resolution until December 31, 1987. To
each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any
time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment
on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest
shall be charged if the entire assessment is paid with -
in thirty (30) days from the adoption of this resolut-
ion; and he may, at any time thereafter, pay to the
City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31,
of the year in which such payment is made. Such pay-
ment must be made before October 15, or interest will
be charged through December 31 of the next succeeding
year.
4. The Clerk shall forthwith transmit a certified dupli-
cate of this assessment to the County Auditor to be
extended on the property tax lists of the County. Such
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COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this twenty first day of September,
1987.
Ben,
Ma lyn, Anderson, Clerk- Treasurer
in G. Benson, Mayor
ASH STREET SEWER AND WATER INSTALLATION ASSESSMENT HEARING -
RESOLUTION NO. 54 - 87
Mayor Benson opened the public hearing at 9:29 P.M. Mr.
Stahlberg explained that the same procedure would be
followed as for the previous three assessment hearings. He
further explained that this improvement has been discussed
for several years. This spring residents in the area
submitted a petition for service from Shoreview. The City
conducted the improvement hearings and called for bids. The
bids were not acceptable according to the terms of the
Charter and all were rejected. Mr. Stahlberg then
negotiated with a contractor to install the services by day
labor.
Jan Darrow, 175 Ash Street - Ms. Darrow explained that she
has recently purchased her home. At the time she was
contemplating the purchase, she negotiated with the seller
for the installation of municipal facilities. She then
called City Hall and was told that there were no plans for
the installation of municipal water and sanitary sewer. She
then negotiated with the seller of her house for him to put
in a mound septic system. This system has already been
installed. Shortly after she moved into the house, she
found out that the services were actually to be installed.
She was concerned because she was told one thing by City
Hall and something else actually happened. Mayor Benson
explained that the installation was not approved. It was
later that Mr. Stahlberg was able to negotiate the
installation. Ms. Darrow also felt that the petition was
misrepresented by the person circulating in the area.
Ms. Darrow asked if there was any way for the seller of her
property to be liable for the cost of the municipal
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installation. Mayor Benson said that the Council did not
know but she should check with her attorney. Ms. Darrow
said she was officially filing an objection to her
assessment.
Mr. Marier asked when the seeding of the boulevards would be
completed. Mr. Stahlberg said that the contractor is
concerned about settling and also noted that the driveways
are temporary and will need to be permanently installed.
Mr. Marier moved to adopt the assessment as laid out by the
City Engineer and adopt Resolution No. 54 - 87. Mr.
Bohjanen seconded the motion. Motion carried unanimously
with Mr. Marier asking that the restoration be completed as
soon as possible.
CITY OF LINO LAKES
RESOLUTION NO. 54 - 87
RESOLUTION ADOPTING ASSESSMENT FOR INSTALLATION OF MUNICIPAL
WATER AND SANITARY SEWER FOR CERTAIN RESIDENTS OF ASH
STREET.
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment
for the installation of sanitary sewer and munic-
ipal water to 155 Ash Street, 165 Ash Street, 175
Ash Street, 185 Ash Street, 205 Ash Street, 215
Ash Street, 225 Ash Street, 245 Ash Street and
255 Ash Street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the pro-
posed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annul in-
stallments extending over a period of fifteen years.
The first of the installments to be payable on or
before the first Monday in January, 1988 and shall
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034
COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987
bear interest at the rate of nine (9) per cent per
annum from the date of the adoption of this assess-
ment resolution. To the first installment shall
be added interest on the entire assessment from the
date of this resolution until December 31, 1987. To
each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any
time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment
on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest
shall be charged if the entire assessment is paid with-
in thirty (30) days from the adoption of this resolut-
ion; and he may, at any time thereafter, pay to the
City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31,
of the year in which such payment is made. Such pay-
ment must be made before October 15, or interest will
be charged through December 31 of the next succeeding
year.
4. The Clerk shall forthwith transmit a certified dupli-
cate of this assessment to the County Auditor to be
extended on the property tax lists of the County. Such
assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this twenty first day of September,
1987.
Marilyn G. Anderson, Clerk- Treasurer
Mr. Bohjanen moved to adjourn at 9:53 P.M. Mr. Marier
seconded the motion. Aye.
PAGE 16