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HomeMy WebLinkAbout07-31-79 CCMR-79-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING ASSESSMENT. 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 First Street and Immanual Avenue. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 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 land named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. , 2. Such assessment shall be payable in equal installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1980 and shall bear interest at the rate of eight percent (8%) per annum from the date of the adoption of this assessment Resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1979. To each subsequent installment when due shall be added interest for one (1) 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 on or before October 10, 1979. The owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County, and such assess- ment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Lake Elmo this 31 day of ',71i , 1979. ATTEST: �� Y C rr �--'',, +.�e . r. [ Laurence E. Whittaker City Administrator Thomas G. Armstrong, Mayor -2- R79-35 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO THE ADOPTION OF THE ASSESSMENT ROLL RELATING TO SURFACE WATER CONTROL PROJECT III. 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 known as Surface Water Control Project III. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota: 1. The proposed assessment roll as amended, 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 proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable on or before October 10, 1979, or said assessment shall be certified with real estate taxes due and payable in 1980. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall. be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 31st day of July, 1979. homers G. Armstrong, Mayo ATTEST: 1 Cx. E Laurence E. Whittaker City Administrator CITY OF LAKE ELMO CITY COUNCIL MEETING, JULY 31, 1979 Mayor Armstrong convened the meeting at 6:40 p.m. Councilors in attendance: Mottaz, Morgan, Johnson and Pott. Also present, Administrator Whittaker and Engineer Bohrer. AGENDA: Addition to the agenda to include Agenda for the August 1 meeting. KIESTER SUP FOR FILL: Mayor Armstrong reviewed the file and the recommendation of the Planning Commission. Mr. Kiester will be displacing 1/6 of an acre foot of water by filling. He desires to fill in order to make his property more useable. The ground water on his property is higher due to the driveway to the north. The fill is all above the high water mark, and will contain no more than 300 yards. The Administrator had an inquiry about adjacent unbuildable lots adding fill to the same elevation to make them buildable. The administrator indicated that obese lots would remain unbuildable even if fill were added to the 889.7 elevation. Pott moved, Johnson seconded, to accept the recommendation of the PZC and approve the SUP for Charles Kiester to add up to 300 cu. yd. of full, not to exceed the 889.7 elevation. This approval subject to the recommendations of the City Engineer. Motion carried 5-0. The Council expressed concern about other residents adding fill in this area without the necessary permits. Any change in topography by filling necessitates a Special Use Permit. Armstrong moved, Morgan seconded, the Building Inspector submit to to the Council any building permit application with lots adjoining any stream, lake, pond, water storage area, etc. before said permit can be issued. Amendment to the motion — this requirement to be a temporary enforcement measure until a City policy document is drafted. Motion carried 5--0. The City Engineer was requested to ascertain the natural waterway through this area. FIRST STREET AND IMMANUAL ASSESSMENT HEARING — This project was petitioned for by the area residents, ,and together with the City Engineer an economically feasible project was designed. Tom Noyes, City Engineer, agreed to the assessment roster on 6-5-78. The assessment was to be divided into eight shares. The project is complete and the breakdown of the assessment is being questioned. Also questioned, was the condition of the curb. Engineer Bohrer indicated a bituminous curb was deleted from the contract. The Engineer will inspect the area for poot material or workmanship. Mr. Kimbrel, owner of the duplex at the time of the project, indicated he did not feel he should be paying 1/4 of the total assessment. He does not feel he is benefited any more than the surrounding residents. ( He desires the total amount be divided equally among the seven property \, owners. CITY OF LAKE ELMO CITY COUNCIL MEET ING, JULY 31, 1979 —2— FIRST STREET AND IMMANUAL —CONTINUED — Mr. Gravink presented the Council with the original Engineers memo which divided the assessment by eight. Mayor Armstrong closed the hearing at 7:40 p.m. Armstrong moved, Morgan seconded, to adopt Resolution 79-34 accepting the agreement in the original memo and assess according to the Engineers memo showing division of the assessment by eight (8). 1 share per dwelling unit. The terms for payment to be 8% for 10 years. Motion carried 5-0. Mr. Kimbrel asked what recourse he has to appeal this decision. Mayor Armstrong indicated he has 20 days from the hearing date to file notice with the City. LAKE JANE HILLS DRAINAGE IMPROVEMMI TS (IRVIN COURT) FEASIBILITY HEARING — Administrator Whittaker reviewed a letter from Bruce Folz indicating Mr. Mogren will assume the cost of construction for this project. Engineer Bohrer reviewed the proposed project and the area where the improvement would be. Remarks from the audience: Mr. Jungmann — questioned whether there was a drainage map of the area before Irvin Court was constructed. Engineer answered no. Mr. Jenson questioned why the proposal is for an 1811 culvert rather than a 27" culvert, as previously discussed. The Engineer maintains an 181, culvert will handle the current problem. Mr. Jungman asked what provisions have been set up to maintain the level of Jane. He would like another alternative rather than piping more water into the lake. Residents indicated before the development of Lake Jane Hills 3rd there was a ponding area where Irvin Court is now, with the water being held there by a berm. The developer leveled the berm, thereby, increasing the water flow to Jane. Bruce Folz stated there is no greater amount of water going into Jane now than before Lake Jane Hills. A berm constructed to the east diverts a large portion of what use to flow into Jane to the south. More water may be going down Irvin Court, but no more water is flowing into Lake Jane because of the development. Another resident indicated they are to be assessed for something they were assured would not happen when plat approval was given. Mollie Hedges stated that there was never any water on their property at this location before Irvin Court. Mr. Schaubslager felt the developer should be totally responsible for correcting the problem. Residents are already being assessed to: pump Lame.Jaheob_ecaliserof flooding and will be assessed again to put more water back into the lake. Mr. Praus questioned why existing property owners should be assessed at all. They were told there would be no increase in run—off. There was no problem before Irvin Court filled in a holding area. Richard Connors stated he has been fighting'the.flood problem for the past couple years. He feels no additional water should go into Jane. He suggested the developers put in a holding pond in sone other area of the development to take care of this run—off. CITY OF LAKE ELMO CITY COUNCIL MEETING, JULY 31, 1-979 —3- IRVIN COURT CONTINUED — Engineer Bohrer stated 27 acres is the total area concerned. A 6„ rainfall constitutes 500% of the run—off or 8 acre feet. This would be adding .05 of a foot of water to Jane. Mr. Deyo stated that since pumping is the only solution according to the City Council a berm should be recreated and the water pumped the other way. Mayor Armstrong questioned the acre feet of water flowing into Jane before Irvin Court vs now. '62 acre feet flowed into Jane before vs 8 acre ft. now. Mrs. Jungmann proposed Mr. Mogren post a security bond to guarantee the residents no more repercussion from his development. Mr. Deyo questioned the drainage to Jane from Green Acres and Foxfire. Mayor Armstrong closed the hearing at 8:25 P.M. This item will be on the August 21, 1979 agenda at 7:45 p.m ASSESSMENT FOR FLOOD CONTROL PROJECT III (1978 PUMPING) — Administrator Whittaker explained the formula and how the assessments were arrived at. Mayor Armstrong indicated this is the last time the City of Lake Elmo will be assessing for pumping. Valley Branch Watershed is assuming the responsibility and they have the ability to assess out the project to 100% of contributing area vs Lake Elmo only being able to assess the 4010 in the Tri—Lakes area. Audience remarks: Conrad Adams read a letter he presented to the Council protesting the pumping. He feels the City should take the necessary steps for a permanent solution to the problem. Harry Zabrock — feels the assessments are a lien against his property. He refered to a letter from Tom Noyes, City Engineer, indicating numerous homes where flood threatens the septic systems. He questioned what compensation is he receiving from these 'liens'. His home and property are not threatened and he feels his is paying in order that homeowners on Lake Jane will not have to rectify their own problems. He is opposed to the pumping. James Jungmann questioned with Valley Branch and the City of Lake Elmo, where does the responsibility to residents begin and end. Mottaz indicated the responsibility rests with the citizens. Mottaz stated the citizens must organize and sign a petition requesting a permanent solution from VBWD. The costs for the/project will be assigned to those who petition, if the project ffils. preliminary fund for the Harry Zabrock questioned those who were not included on the Valley Branch map Mayor Armstrong explained the City has added many areas and is confident all contributing properties are included. Conrad Adams questioned whether a lot that is under water is subject to assessemnt. Mayor Armstrong stated he should come in and file a written protest if he feels part of the assessment unfair. Mayor Armstrong closed the hearing at 9:20 p.m. Mottaz moved, Johnson seconded, to adopt Resolution 79-35, A Resolution Ordering Preparation of Assessment Rolls with Respect To Surface Water Control Project III and Ordering Hearing Thereon, assessment schedule for the 1978 pumping of Lake Jane. Motion carried 5-0. _ CURFEW ORDINANCE: Mike Ahrens, Cimarron, suggested raising the age limit from 12 to 15. Armstrong moved, Morgan seconded, the Council adopt Ordinance 780b, Curfew Ordinance, with the addition that any minor person under 15 years of age have a curfew of 10 o'clock and those under 12 years of age have a curfew of P nVoInnk_ Mn+Ann nn nroi aA r—n CITY OF LAKE ELMO CITY COUNCIL MEETING, JULY 31, 1979 -4- AGENDA FOR AUGUST 11 1979: Council members should come to the meeting with long term goals ready for aiscussion, also items of inaividual priority. 3:30 p.m. has been set for adjournment. ADJOURNMENT: Mottaz moved, Morgan seconded, to adjourn the meeting at 9:45 p.m.