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HomeMy WebLinkAbout09/21/1987 Council Minutes (2)1 1 1 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. PAGE 1 019 020 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 PAGE 2 1 1 1 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. PAGE 3 021 022 COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987 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 PAGE 4 1 COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987 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 PAGE 5 023 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. PAGE 6 1 1 1 1 1 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 PAGE 7 025 026 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. =���• . 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. PAGE 8 1 1 1 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 PAGE 9 027 328 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. PAGE 10 1 1 1 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. PAGE 11 029 330 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. PAGE 12 1 1 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 PAGE 13 031 032 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 PAGE 14 1 1 1 1 COUNCIL SPECIAL MEETING SEPTEMBER 21, 1987 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 PAGE 15 033 034 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