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HomeMy WebLinkAboutCity Council Minutes 10-08-1970 SpecialSTREET LIGHTING: Public hearing opened at 7:45.11.M., no one appeared. hearing closed. LOTION was made by Councilman Hintz, second by Councilman Kindseth to R, h NNoe 10-41_2 adopt RESOLUTION N0. 70-412, A RESOLUTION CONFIRMING AND ADOPTING THE STREET LIGHTING ASSESSMENT OF $595.25 FOR STREET LIGHTING IN 'THE SEVEN PONDS ADDITION. 7 PONbS (Levy 5110) Motion carried, 4 aye roll call vote. MOTION was m&ide by Councilman Hintz, second by Councilman Kindeeth to _N_ 70-413 adopt RESOLUI"ION N0. 70-413, A RESOLUTION CONFI°)'u'NG AND ADOPTING '"!ir STREET LIGHTING ASSESSMENT 01' $461.18 FOR STREET LIGHTING IN THE GLEANLOCH ACRES CLEAN'LOCH ACRES ADDITION. Motion carried,. 4 aye roll call vote. (Levy 5116) MOTION was made by Councilman hints, second by Councilm-in Kindseth to R401, 770-4_14 adopt RESOLUTION NO. 70-414, A RESOLUTION CONFIRMING AND ADOPTING THE STREF LIGIITING ASSESSMENT OF $855.13 FAR STREET LIGHTING IN PLY`M0UT11 MANOR% ,Totion PLYMOtTEI MANOR carried 4 avo roll call vote. (Levy 5117) MOTION was made by Couacilman 11inta, second by Councilman Kindseth to RESo 7. 0dopt RESOLUTION N0. 70-415 A RESOLUTION CONFIRMING AND ADOPTING THE STREET LIGHTING ASSESSMENT OF $2097.49 FOR STREET LICHTING IN CRCRKWAOD uEIG11TS. CREW= HEIGHTS Motion carried., 4 aye roll call vote. (Levy 5118) 3 I 1 MINUTES OF A SPECIAL COUNCIL MEETING ' PLYMOUTH, MINNESOTA OCTOBER 8, 1970' A special meeting to adopt the assessment rolls was held on October C, 1970 at the Beacon Heights Elementary -School, 12315 Highway 055 and called to der by Councilman Johnson who acted as Mayor at 7:30 P.M. PRESENT: Councilmen Johnson, Hintz, Kindseth and Spaeth, Manager Crawford, Engineer Hagen, Consulting Engineers Bonestroo and, Frigaard and Attorney WBOvn. , ABSENT: Mayor Hilder PUBLIC HEARINGS DELINQUENT SANITARY SEWER CHARGES: Public hearing opened at 7:40 P.M..`no one appeared, hearing closed. MOTION was made by Councilman Hintz, second by Councilman Spaeth to adept RES. NO. 70-_410 RESOLUTION NO. 70-410, A RESOLUTION CONFIR2IING AND ADOPTING THE ASSESS-7',, DELINQUENT SEWER MFM FOR DELINQUENT SANITARY SEWER CHARGES IN THE AMOUNT OF $99631.00 CHARGES (Lt:vy 5113; WITH INTEREST AT THE RATE OF 32 TO BE ADDED TO THE ASSESSMENT ROLL FROM THE DATE OF ASSESSH'ENT ADOPTION. Motion carried, 4 aye roll call vote. DELINQUENT WATER CHARGES: Public hearing opened at 7:43 P.M., no one appeared. hearing closed. MOTION was made by Councilman Kindseth, second by Councilman Hintz to ANO. 70-411, adopt RESOLUTION N0. 70-411, A RESOLUTION CONFIRMING AND ADAPTING THE DELIN DENT WATER ASSESSMENT FOR DELINlUENT WATER CHARGES IN THE AMOUNT OF $1683.81 WITH CHARGES (Usvy 5112) INTEREST AT THE RATE'OF 8X TO BE ADDED TO THE ASSESSI(ENT ROLL F40M DATE OF ASSESSMENT ADOPTION. Motion carried, 4 aye roll. call vote. STREET LIGHTING: Public hearing opened at 7:45.11.M., no one appeared. hearing closed. LOTION was made by Councilman Hintz, second by Councilman Kindseth to R, h NNoe 10-41_2 adopt RESOLUTION N0. 70-412, A RESOLUTION CONFIRMING AND ADOPTING THE STREET LIGHTING ASSESSMENT OF $595.25 FOR STREET LIGHTING IN 'THE SEVEN PONDS ADDITION. 7 PONbS (Levy 5110) Motion carried, 4 aye roll call vote. MOTION was m&ide by Councilman Hintz, second by Councilman Kindeeth to _N_ 70-413 adopt RESOLUI"ION N0. 70-413, A RESOLUTION CONFI°)'u'NG AND ADOPTING '"!ir STREET LIGHTING ASSESSMENT 01' $461.18 FOR STREET LIGHTING IN THE GLEANLOCH ACRES CLEAN'LOCH ACRES ADDITION. Motion carried,. 4 aye roll call vote. (Levy 5116) MOTION was made by Councilman hints, second by Councilm-in Kindseth to R401, 770-4_14 adopt RESOLUTION NO. 70-414, A RESOLUTION CONFIRMING AND ADOPTING THE STREF LIGIITING ASSESSMENT OF $855.13 FAR STREET LIGHTING IN PLY`M0UT11 MANOR% ,Totion PLYMOtTEI MANOR carried 4 avo roll call vote. (Levy 5117) MOTION was made by Couacilman 11inta, second by Councilman Kindseth to RESo 7. 0dopt RESOLUTION N0. 70-415 A RESOLUTION CONFIRMING AND ADOPTING THE STREET LIGHTING ASSESSMENT OF $2097.49 FOR STREET LICHTING IN CRCRKWAOD uEIG11TS. CREW= HEIGHTS Motion carried., 4 aye roll call vote. (Levy 5118) 3 I Page 29 Spe Al meeting. October 8, 1970 WEEDCONTROI,i ASSESSMENT: Public hearing opened at 7:47 P.M., no one, appeared, hhartng closed. MDTION was made by Councilman Spaeth, second by Councilmanjintz to RE_ Nf . 70-41F " adopt RESOLUTION NO. 70-416. A RESOLU'T'ION CONFIRMING' AND ADOP,ING WEEDf; of ROL THE ASSFS411ENT OF $59580.46 FOR WEED CONTROL ASSESSMCNTS. Mot on (Ltvy !409) carried 4 ye roll call vote." Mr. Bill 1,veen, 516 Shady Way Road, appeared at 8:15 P.M. to talk on Weed Cont400l. Inasmuch as the hearing was closed and another public hearing Mas in progress he could not,.be heard. FOUR SEASONS WATER PROJECT:,Public,hearing opened at 7:49 P.M RE • F111, "SEASONS WATER Mr. Charles Spears, 9909 37th Avenue North, asked achy a change of the water system was,required. Councilman Rintz told him the Four Seasons System i0as not adequate and had presented many problems. By connect- Ing to the village water system there now is adequate water for fire protection. good water pressure and service,for which the assessment Is made. Councilman Kindseth stated that upgrading of the water in, that area was necessar; and the assessment iq to pay fdr part of the cost. Mr. Tom Teigen, representing Belmar's 4 Seasons Villa, said he submitted a letter to the Village Manager outlining their position on the mutter of the assessment period. He said that when, -.they purchased their pro- perty three years ago the improvements were its and paid for and their obligations were based on their expenses at thi t time. However, since the water system has become inadequate they agree the change was nec- essary and now it is of better quality and the pressure has improved. They are however, asking Council to considar allowing the $24,000 assessment to be spread over a 30 year period rather than three years. Engineer Bonestroo explained the circumstances concerning purchase of the Four Seasons System. Mr. Harold Posnick said he was told all assessments were in and paid for when he bought his property three or four years ago and that the services would be supplied by the developer. Now, he said, we are,,,,' re,, confronted with a hookup charge of $175 per apartment unit. You say you are taking funds out of this fund to pay Mr. Bernardi for the aystemb we own the system. The money should be turned over to the village. I should not be getting the charge now for an old system. We are bringing something to the comm- unity with our apartments. We should be charged on a meter basis not a per unit basis. It is not fair., and much higher than it should be. We are sitting ducks. Why was Mr. Bernardi allowed ;o put in his system in the first place? Engineer Hagen said he was alldwed to put it in because it was more adequate than you could have put one in fors for your apart- ments. It was adequate at that time but as more developments took place they were added to the system. If the village had not purchased the operating rights to this system in order to maintain reasonable fire rates for your apartments and the people. increased rated would have resulted. Mr. Posnick said, I would like to know what recourse I have. Something is wrong, first we pay for the system and get socked again. Engineer Hagen said you are paying for laterals, there is no trunk line in this addition. Engineer Bonestroo said the number of breakdowns and service costs for that system was fantastic I can assure you the Council acted very well in purchasing it and should be commended for it. 0 0 u J 1 r I 1' Q 11 Page 3, Special meeti g,lOctober 89 1910 1 Mr. Teigen said In regard to increased cost of water rates it can be comp- eneated for by dent control costs and adjusted accordingly, but the 24,000,special assessment period creates a hardship,,for us. Public hearing closed. Countilman Johnson told him he could make an appeal within 20 days. MOTION was made by Councilman Hints, second by Councilmav Spaeth to adopt RESOLUTION N0. 70-4179 A RESOLUTION TO MNFIRM AND ADOPT THE ASSESSMENT,,OF $1199942.66 FOR THE FOUR SEASONS WATER PROJECT WITH IN- TEREST AT THE RATE OF B2 TO BE ADDED TO THE ASSESSMENT R^LL FR,5M THE DATE OF ASSESSMENT ADOPTION. Motion carried, 4 aye roll call vote. J RES. N0. 70-417 FOCR SEASONS WATER Levy 5111) CENTRAL AREA SEWER AND WATER, PLATTED AND UNPLATTED AREA: Public hearing RE: PROJECTI oponed 'at 8:18 P.M. 069-4,04\, Mr. Reg. Kroskin, 14221) County Roaa h6 commented that the assessment for his mother's property as excessive. All assessments amount to approxi- mately $40,000 and he questioned the basis for this. Engineer Hagen told Itim thpt the assessment was based on how the property is guided to dev- elop and some areas arts favorable for light comeiercial. Mr. Kroskin asked if the zoning way guaranteed." Engineer Hagen said if it was not zoned so,byou would he entitled'to a refynd. Mr. Kroskin said on behalf of his parents he requests an extension of time to pay, if possible, due to the fact that they did not purchase the land for development purposes and they want to conti;iue to live there, but it is economically impossible with this assessment. Mr. H. D. Flasch, 1500 Fiat National Bank Bldg., St. Paul, Minn. questioned what the area charge is and he was told it is $100 per unit. He said his is 300 per omit. Engineer Hagen said the unit charge for multiples and in- dustrial on bare land is WO per acre lot or $300 per acre equivalent for sever which is $375 per etre or lis times the residential rate. Mr. Richard O'Fallon cnpmentec that it used to be that you could not make a refund. Engineer Haden said a reassessment roll can be made and Mr. O'Fallon questioned tho cost for same. Mr. O'Fallon said if the land is set up at a rural rate and becomes counrcial it is unfair to the residential owner. Engineer Bonesl:roo discussed the area charges, front foot charges and oversized pipes for this area. Hearing closed. 0 MOTION was made by Cowecilman Spaeth, second by Councilman Hints to adopt RES. N0. 70-418 RESOLUTION N0. 70-418, A RESOLUTION CONFIRMING AND ADOPTING THE ASSESS- CENTRAL SEWER - MENT OF $246987.15 FOR THE CENTRAL AREA SEWER, PLATTED AREA, PROJECT PLATTED AREA A69 -1,0-C, WITH INTERE$'T AT THE RATE OF 82 TO BE ADDP.D TO THE ASSESSMENT (Levy 5107) ROLL FROM DATE OF SAID ASSESSMENT ADOPTION TO COVER A TEN YEAR PERIOD. Motion carried 4 aye roll call vote. MOTION was made by Coutmilman Spaeth, second by Councilman flints to RES. N0. 70-419 adopt RESOLUTION No. 70-4190 A RESOLUTION ADOPTTNG THE ASSESSMENT OF CENTRAL WATER 59.565.05 FOR T11E CENTRAL AREA WATER PLATTRD, PROJECT 1169-1,0-G WITH PLATTED INTEREST AT THE RATE 014 8t TU RE ADDED TO THE ASSESSMENT ROLL FOOM DATE: (Levy 5105) OF SAID ASSESSMENT ADOPTION TO COVER A PERIOD OF TEN YEARS. Motion carried 4 aye roll call vote. 13 I Page , 4, Special meeting, October 8, ,1970 MOTION was made by Cc cilman Spaeth, second by Councilman Hintz to RES.. NO. 70-420 adopt RESOLUTION NO. 71420, A RESOLUTION CONFIRMING AND ADOPTING CENTRAL AREA SEt-YER THE ASSESSMENT OF $273,041.55 FOR THE CENTRAL AREA SEWER, UNPLAITED UNPLATTED (Levy 5108) PROJECT 069-190-G WITH INTEREST AT THE RATE OF 82 TO BE ADDED TO :'HE ASSESSMENT ROLL FROM DATE OF SAID ASSESSMWr,' ADOPTION FOR A PERIOD OF 15 YEARS. Motion carried 4 aye role: call vote. MOTION was made by Councilman Spaeth, second bye Councilman Hintz to RES. N0. 70-421 adopt RESOLUTION N0, 70-4219 A RESOLUTION CONFIRMING AND ADOPTING CENTRAL WATER, THE ASSESSMENT OF $2560375.17 FOR THE CENTRAL AREA WATER, UNPLATTED UNPLATTED PROJECT 069-160-C, WITH INTBREST AT THE RATE OF 87, TO BE ADDED TO Levy 5106) THE ASSESSMENT ROLL FROM DATE OF SAID ASSESSMENT ADOPTION COVERIVG A PERIOD OF 15 YEARS. Motion carried 4 aye roll call vote. CENTRAL AREA STORM SEWER: Public hearing opened at 8:30 P.M. RE: PROJ. 069-2D CENTRAL STORM SkWER Mr. McDonald of the Circle Star Development Center said the parcel marked in red on the map is zoned R-1 and their assessment is for R-4 with a SC rate instead of 20. The light red R-4 areas are allright but the dark red areas will remain residential and should be assessed at 2C. Engineer Hagen said he is correct. The frontage on County Road 06 is guided single residential and'should remain at the 2C rate. Mr. Bob Sevey, 14100 County Road 06, was represented by Attorney t'ack Strothman, 86n N. W. Bank Bldg, Na presented a copy of a letter which had been sent to the Mayor, Attorney and Consulting Engineer, which Councilman 3ohnson read to Council. Mr. Sevey objected to the assess - rent and questioned the benefit to be derived from this project and said if a satisfactory decision cannot be arrived at, litigation will result. Attorney O'Brien said after' a review was made of this matter It is believed the ass^bament Is fair and ;:could not be changed. Eng sneer Hagen explained the drainage and design of the storm sewer for future development of the land. Councilman Hintz remarked that his parcel lies in the center of the project area. Mr. Sevey said this is money I can ill afford. My land contributes no water to the storm sewer system. It is difficult to understand why I am paying the same price as swamp land. I ask that you please consider this before you pass on this or I will be forced to appeal. Attorney O'Brien told him there is a 20 day appeal period. Mr. A. M. Johnson said many residents feel the same way about benefits. Mr. Flasch asked that when a building permit is applied for is the total assessment due or will it continue to run for 10 years. He was told by Engineer Hagen that if you are in the Circle Star Business Center plat or Metro InduRtrial Park there is a development agreement that requires the full amount to be paid at the time of the building permit request, but not others. 2.52 of the assessment has been paid by they developers. Mr. hroskin said btv- land is adjacent to this for me to find justice for this assessment. the second time around. It is low land and d west and I repitat that we do not live here as unreasonable asaenament against 6.51 acres at ment for the road which was not requested. I area and it is difficult Our property was included oes not drain to the north - developers, This is an this stage, also assess - respectfully request leeway 0 Page S. Special aeeting, October 8, 1970 to pay for this assessment. Councilman Hints said your case is different than Mr. Sevey's in that he is in the middle of an industrial area whfle you are not. Mr. Robert J. Ford, 1 730 Ithaca Lane, sold he quarrels with the manner in which the project proceeded. At the public hearing we were under the impression that the Engineer was going to check further on it and a short time later they started digging. Engineer Hagen said the pro- ject did not start until after the first of July.' Engineer Bonestroo s#id the first hearing was held December 1, 1969 and the revised plan was heard June 15, 1970. Mr. Ford said you must have had it .all set by the June 15th meeting,,because bids were coming in and bonds were being sought if the sever and water, could proceed and the staff was ordered to investigate the matters of assessment to equalize and give breaks to residents. It was,proposed to be 4c now its changed to 2C and SC. Attorney O'Brien explained what areac,vere based on the 2C and SC rate. Rearing closed. Attorney O'Brien advised that adjustments can be made within but the assessment rolls should be adopted at this time. 20 days, Councilman Hintz said this project was discussed at our last meeting on the storm sewer and we were all concerned. We do not like this type of assessment but the project must be paid for. NOTION was made by Councilman Spaeth, second by Councilman Hintz to adopt RESOLUTION NO. 70-422, A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT\bF $227,668.12 FOR THE CENTRAL STORM SEWER, PLATTED PROJECT 069-2D WITH INTEREST AT 8T TO BE ADDED TO THE ASSESSMENT ROLL FROM DATE OF SAID ASSESSMENT ADOPTION PAYABLE OVER A TEN YEAR PERIOD. Motion carried 4 aye roll call vote. RES. N0, 70-422 CENTRAL AREA STORM SEWER Levy 5102) MOTION was made by Councilman Spaeth, second by Councilman Mints to RES. N0. 70-423 adopt RESOLUTION NO. 70-423, A RESOLUTION CONFIRMING AND ADOPTING CENTRAL. STORM THE ASSESSMENT OF $709,940.88 FOR CENTRAL AREA STORM SEWER, UNPLATfEDSE1JL16 UNPLATTED PROJECT 069-2D WITH INTEREST AT THE RATE OF 82 TO BE ADDED TO THE (Lever 5103) ASSESSMENT ROLL FROM DATE OF SAID ASSESSMENT ADOPTION TO CWER A 15 YEAR PERIOD. Motion carried 4 aye roll call vote. MOTION was made by Councilman Spaeth, second by Councilman Hints to RES. NO. 70-424 adopt RESOLUTION NO. 10-424, A RESOLUTION CONFIRMING AND ADOPTING CENTRAL STORM THE ASSESSMENT OF $11,787.34 FOR CENTRAL STORM SEWER, RESIDENTIAL, SEW4R9 RESIDENTIAL PROJECT #69-2D WITH INTEREST AT 8% TO BE ADDED TO THE ASSESSMENT (Levy 5104) ROLL FROM DATE OF SAID ASSESSMENT ADOPTION COVERING A TWENTY YEAR PERIOD. Motion carried 4 aye roll call vote. STREETS, CURB AND GUTTER IN CENTRAL AREA% Public hearing opened RE: PROJECT at 9:05 P.M. Engineer Hagen gave the basis for the assessment 069-8,9-G figures. Mr. McGowan, 14300 County Road 116, asked his assessment was arrived at. Engineer one-half of the normal assessment as well Fernbrock. Public Hearing closed. for an explanation of how Hagen said it was based on as the 4 lots that &batt J I Page 6, Special Meeting, Oct. 8, 1970 NOTION vas made by Councilsian Kindseth, second by Councilman Spaeth to adopt RESOLUTION NO. 7A-425, A RESOLUTION CONFIRMING AND ADOPT- ING THE ASSESSMENT OF $5270157.25 FOR CENTRAL AREA STREET IMPROVE-, HENT PROJECT #694,9-G WITH INVEST AT THE RATE OF 82 TO BE ADDED TO THE ASSESSI]NT ROLL FROM uATE OF SAID ASSESSMLUT ADOPTION COVERING A FIVE YEAR PERIOD, Motion carried 4 aye roll call vote. MOTION was made by Councilman Kindseth, second by Councilman Spaeth to adopt RESOLUTION NO. 70-4,26, A RESOLUTION CONFIRMING AND ADOPT- ING THE ASSESSMENT OF $459344.40 FOR CENTRAL: AREA CURB AND GUTTER, PROJECT 069-8,9-G WITH INTEREST AT THE RATE OF 82 TO BE ADDED TO THE ASSESSMENT ROLL FROM DATE OF SAID ASSESSMENT ADOPTION COVERING A FIVE YEAR PERIOD. Notion carried 4 aye roll call vote. BEACON HEIGHTS, GLEN ECHO WATER: Public hearing opened at 9:12 P.H. Councilman Johnson explained the c'ircumstanceo surrounding the con- tract held by Noyes Construction and the subsiaquent contractor finishing the project, which matter put the village in a difficult position. Mr%i Gene Schware, 1105 N. Quinwood Lfne, asked how the Council, could act on this assessment when the project, has not, been finished: There are holes in the streets and I do not -like to Fay for anything not completed. Engineer Hagen explained that this hearing was held to give people the chance to pay up their assetisment without interest, otherwise Interest will have to be paid for the whole year. The Eng- ineer further explaintf that the bonding company is responsible for the project contract and the'village will not pay anything until it is completed satisfactorily. RES. N0. 70425 CENTRAL AREA STREETS (J.evy 5105) RES. N0. 70426 CENTRAL AREA CURB b CUTTER 4Levy 5100) RE: PROJECT 069 -OC WATER, BEACON HTS. Mr. Richard O'Fallan said he was concerned why the hearing was left until October 8th. We usually give a month for reviews. This should have been planned to give people a chance to disuse it. He further qestioned the responsibility for the developer's run off in the area. Engineer Hagen said it is the responsibility of Mr. Fraser and his cohorts. Mr. O'Fallon questioned laying of sod where it was before and coverage for fences, planta and private property damage. Attorney O'Brien said the contractor is responsible to get it back as it was originally. Councilman Johnson said the village should he advised of any such matters so they can follovi up on them with the contractor. Manager Crawford said such information should oe given to him so that whatever action is required may be taken. Mr. Bud Manders, 1120 Kirkwood Lane, said he called the village last fall regarding his mail box and has never sewn anyone. Councilman Johnson said it will. be checked out tonewrrow. Mr. Harry Anderson asked if the street restorati-In would be a patch job or not and if those with wider streets have to pay more. EnSineer Bonestroo said costs do not vary for wider streets. Streets are beicig restored to what they were with patching. Mr. John Harsell said they are tearing up our streets and it What will happen if the street job is not finished this fall, have to wait? Tonigiht my tailpipe was knocked off. Enginetr 1 is raining,, will we Bonestroo 3 LJ Page 7, Special Meeting, Oct. S. 1970 said the -contractor assured the village that they vill`be done in two weeks. Howevfir, we have not been satisfied with their %;ork'and urged the'bonding compa;ty to have then finish the job or get but of there. If they do not, gravelling will have to be done and they viZl recelvti no money until the job is done and'finished satisfactorily. Mr. Hartzell suggested that gravel be put in so they can get out. Mr. O'Fallon asked how much the water meter cost and if there is a mandatory water. hookup. Engineer Hagen explained the village policy on this. Public hearing closed. I i MOTION was made by Councilman Spaeth, second by Councilman Kindseth to adr:pt RESOLUTION NO. 70-427, A RESOLUTION CONFIRMING AND ADOPTINC THE ASSESSMENT OF $148.174.70 FOR WATER IN BEACOK HEIGHTS, GLEN ECHO, PRO- JECT f 69-O,C WITH INTEREST AT THE MITE OF 82 TO BE ADDED TO THE ASSESS- MENT ROLL FROM DATE OF ADOPTION OVER A 30 YEAR PERIOD. Motion carried 4 aye roll call vote. SEWER EAST MEDICINE LAKE: Public hearing opened at 9:32 P.M. Mr. R. F. Skarnes, 3270B Jonquil Lane, asked if it is Cow,ril's policy to go ahead without telling people what is happening until they see the contractor on his property doing the work and papers presented for signature without counsel. There is something wrong with communications. Engineer Hagen said legal notices are published in the official paper as required by law and an attempt was made to contact everyone that was on a list submitted by the County Auditor's office. In some cases the mortgage holder gets the notice. :f a portion of the lot will have to be taken, a legal notice wo•.Ad have been sent. Councilman Johnson told him to contact the vOlage manager or engineer the next day to pursue Vie question on taking some of hie land for the road. We do what is required by law relating to propose4 projects in making contacts with citizens. Mr. Skarnes said he had no objection. Mr. Tony Norris said he lakes living in auhurbia. lie has to put tip with temporary bad rcad 4onditions too. There are ppor soil condl,tions to contend with and some people do not understand the conditions that exist. The Council should be commended for doing a good job. The roads will get taken care of. A RES. N0. 70-427 WTER. BEACON HTS., GLLN ECHO (Levy 5092) RE: PROD. SEWER. E. LACE BLVD* Mr. Alan T. Stensrud, 3051A Quaker Lane, said he received his tax state- ments from the County, but he also did not receive a notice about the project. This last notice was forwarded from Washington. D. C. Council- man Johnson said we rely on the Hennepin County Auditor's office and wonder how we could have done better, 1200 to 1400 families were involved. The initial hearing was held in 1968 and accepted in 1969. Mr. R. Campbell, 2660 E. Medicine Lake Blvd., asked why they are being aaResRed when this was pint in for the school. Engineer Hagen said it was put in as a matter of priawrity for the good of the whole community and for the school also which will, open netober 13th. qtr. Campbell said we can't get service out of it, tho assessment is ridiculous, maybe we will have to resort to litigation. Engineer Hagen said the contractor has your's ind will go hank to take care of you when he can ,ter, there. Engineer Roneatroo Raid you should understanO we have a priority list and the school .is to he taken rare of first. You are on the list And I recall that you are cne of 0 t176 1,0-5 MEnICINE Page S. Special Meeting, Oct. 89 1970 a few who asked for special treatment but 2,000 children moat be taken care of first. Mr. Campbell asked what the completion date to and Engineer Honestroo told him it is November 15th, Mr. Richard Martin, 2650 E. Iedicine Lake Blvd., said he did not want to pay intereat'on something vim• cannot use. Logineer Hagen said when you build a home you pay interest as soon as you take out the mortgage. The village must do the same on their bonds. Mr. Martin said we cannot park our cars, mail is not being delivered, loose gravel will fix it up. Councilman Johnson said he should call Manager Crplord tomorrow morning and state these problems so he can have them checU:ed out. Mr. Harold Severson said we have been whiting for sewer and water and have not recetvt,'d it. About a month ago a rlslease was signed so a contractor could go in and dig but nothing has been done. Engineer Bonestroo asked If he lives on 30 Avenue and he said yes. Attorney O'Brien asked Mr. Severson if the Judge reigned the right-tf-way papers and he said yes. Engineer Hagen said it is one .)f the stubs off of the line going to the school. It will be checked and we will find out where you are. Public hearing closed. MOTION was made by C/3uncilman Hintz, second by Councilman Findseth to adopt RESOLUTION NOo 70-4289 A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT OF $399,5165.00 FOR SEWER, EAST MEDICINE LAKE PROJECT U70 -1,O -E WITH INTr3EST AT dI TO BE ADDED TO THE ASSESSMENT ROLL FROM DATE OF ADC'TION COVERING A 30 YEAR PERIOD. Motion carried 4 aye roll call vote. MOTION was made by Councilman Hints, second by Councilman Kindseth to adopt RESOLUTION NO. 79-41119, A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT OF $221024;'.20 FOR WATER, EAST MEDICINE LAKE PROJECT 70-110-E WITH INrE FST OF 8% TO BE ADDED TO THE ASSESSMENT ROLL FROM DATE OF ADOPTION COVERING A THIRTY YEAR PERIOD. Motion carried 4 aye roll call vote. WATER 13TH AVE. TO BASSETTS CREEK: Public hearing opened at 9:57 P.M. Mr. L. P. Mason of the Chicago, Northwestern Railway asked If the assessment to them had been cancelled. Councilman Johnson said it has been deleted. Publl.z hearing closed. MOTION was made by Councilman Kindsethe second by Councilman Hintz to adopt RESOLUTION N0. 70-430, A RESOLUTION CONFI&MING AND ADOPTING THE ASSESSMENT 0'c $8,288.50 FOR WATER AT 13TH AVENUE TO BASSETTS CREEK, PROJECT 1159 -O -D WITH INTEREST OF 84R, TO BE ADDED TO THE ASSESS- MENT ROLL FROM DATE OF ADOPTION COVERING A 30 YEAR PERIOD. Motion carried, 4 aye roll :all vote. RES. N0. 70-428 SEWER, EAST MEDICINE LAKE BLVD. Levy 5096) RES. NU. 70-429 WATER, EAST MEDICINE LAKE BLVD. Levy 3091) RE: PROJ. 069.0-D RESt N0; 70-430 ATM 15TH E. TO BASSETTS CREEK Levy 5093) SEWER, COUNTY ROAD (19 TO 36TH AVENUE: Public hearing opened, 4:SO P.M. RE% PROJECT 1168-2A Mr. Mengelkoch asked where the iatorm sewer was being installed. ngineer Hagen outlined the route. Public hearing closed. MOT10i wns made by Councilman Kindeeth, second by ;.,,incilman 11ints to adopt RESOLUTION NO. 70-431, A RRSOLLrrION CONFIRMI IG A4411 ADOPTING THE ASSGSSrMNT OF X7,081.44 FOR S'CORM SFWFR, CTY. RD. 119 TO 36T11 AVENUE, PROJECT 1168-2A WITH INTEREST AT 87 TO HE4 A0013141) TO THE ASSESSMENT ROLL F11OM OATH' 6F A114!'TTON COVER1NC A 20 YEAR PERIOD. Motion carried 4 aye roll call vote, int±:+ . NO s 70-411 STORM SEWUR, CTY. RDs #0 Tr) 36T11 levy 5099) 11 Page 91,Special MeetinE, Oct. 8,'1970 SEWER A 6 WATER, ZACHARY SCHOOL: Public hearing opened at 10:00 P.M. RE: PROJECT U69 -1.0-C qtr. Fred Mengelkoch, 10440 Rockford Road, said when this project was discussed by Council Engineer Bonestroo said that the school.and Quality Homes Development would pay the entire assessment for this particular project and we would not have to pay until such time it was put to use by us. I was told a stub would cost $900. And now it is a 7310 assessment, I do not understand. Engineer Hagen sald'he checked the Council minutes and found no such reference. Engineer Bonestroo said Mr. Hengelkoch requsted service after we had gone by acid he asked Council if service could be providea. We said we would if it is wanted. We did not intend to and we had to run 600' of sewer and 6044,' of water lines so he could develop his property. Mr. Mengelkoch sale yes, but he understood it would be about $900. Councilman Johnson sFid we must be consistent with what was done in other areas. Mr. Mengelkoch said he understood the assessment would apply when it was put to use and I agreed this should be done when it was said it could be done. Enginetir Bonestroo asked him if he signed a waiver and he said he had not. This length of the stub was discussed. Engineer Hagen asked if lie was ask- ing for a deferred assessment on the front footage charge. Mr. Mengel- koch said lie was told it would be taken care of by the school and Qw-ility Homes. Councilman Kindseth said he has information regarding the costs being paid for by them, because his property could not be served by the line gong to the school. Engineer Bonestroo said Mr. Mengelkouh def- initely came hack and asked for the stub. Public hearing closed. Mr. Mengelkoch was told he can make an appeal within, the next 20 days for reviewai and lie would be notified what decision was made. MOTION was mane by Councilman Spaeth, second by Councilman Hintz to RES. NO. 70-432 adopt RESOLUTI:h N0. 70-432, A RESOLUTION CONFIRMING AND ATk'PTING SEWER b WATER, THE ASSESSMENT OF 5131.315.00 FOR SEWER AND WATER, ZACHARY SCHOOL ZACHARY SCHOOL PROJECT 66o -110-C WITH INTEREST ADDED AT THE RATE OF 82 TO THE (Levy 5097) ASSESSMENT ROLL FROM DATE OF ADOPTION COVERING A 30 YEAR PERIOD. Motion carried G aye roll call vote. NOLTHWEST INTERCEPTOR: Public hearing opened at 10:10 P.M. A brief RE: NORTHWEST summary of the interceptor route was pointed out on a map by INTERCEPTOR Engineer Bonestroo, Mr. Gary Gardner, 14210 35th Ave. No., asked how lits street will be restored. Engtriver Hagen asked if it was gravelled and he said it was. lie was told it will be put back the same way and completed within the next week. Mr. Gsrdner said there should he some compaction. Councilman Johnson said this will be checked out. Mr. Gardner asked if projects are checked before payment is made. Councilman Johnson said money is withheld until the pro4i:ct is completed and added that resi- dence should notify the village U they have any complaints as the village wants to know what their concerns are. Mr. Ray Johnson, 13120 34th Ave. N., said lie is concerned about \enium Lane being the only access tHey have to their home. Now, we find our road is agni•1 impossible And asiced what will he, done to restore it even though it wan not the i,nut. with it's soft spots and some people any the whole road is soft. Engineer 11agan said a request to blacktop Xenium was made, two years ago but the people opposed it becaure it would bA like a freeway, so it was net undertaken, 1 c Page 10, Special Meeting, Oct. 8, 1970 Mr. Dale Berthiaume, 13985 County Road #9, asked hoar long the assess- ment was for. He was told it was 30 years. Mr. L&ViI,ne, 3225 Fernbrook, asked if Belgarde is legally allowed to raise the land lying south of his backyard which will make the south half of it be under water. They are completely flooding it by digging 4' or 5' above my property. Councilman Johnson told him to call the village hall tomorrow in this regard. Mr. LaVigne asked what will happen to Fern6rook. Engineer Hagen said it will be restored with gravel to it's original condition or better. Mr. LaVigne asked about the holes, some of which are 2' to 3' deep, that should be filled. Cars will sustain damage, lights should be put on them. Engineer 4agen said the village will have the contractor fill them In. 'The rain has caused settling. lir. William Pehrson, 3345 Xenium Lane, asked if, Xenium will be fixed by this fall. The Engineer- avid it is defin*W7,, our plan to do so. Mr. Gary Gabriel said t1te only thing the village could probably do to get'away from these problems is to have better supervision -on Xentum. A trench was cut and never compacted. Beulah derwig, 3235 Fernbrook Lane, asked what the completion date is f:)r the Fernbrook sewer and water project. Engineer Bonestroo said water will be in by November 15th, sewer is in for hookup, the gmneral C leanup has yet to be accomplished. y Mrs Gary Gabriel asked if there were any plans now for 34th Avenue and Xenium for sewer and water. Councilman Hintz said lie believes there will be plans to do it next year and he will bring it up before Council. Puplic hearing closed. MOTION was made by Councilman Hintz, second by Councilman Kindseth to adept RESOLUTION NO, .;D-433, A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT OF $330,194.25 FOR NORTHWEST INTERCEPTOR PROJECT 068--111 WITH INTEREST TO BE ADDED AT THE RATE OF 8% TO THE : SSuSS"TENT ROLL FROM DATE OF ADOPTION FOR A THIRTY 'TEAR PERIOD. MOtiou carried 4 aye roll call vote. SEWEZ AND WATER, 5TH, 6TH & UPLAND: Public hearing opened, 10:30 P."l. Mr. R. B. Dawley, 15620 Sth Ave. N., asked about the problems on 5th Ave. whic:t were created when the developer opened the area. Street was b,lacktupped but water stood on it 40% of the time with no drainage. lie said he eiacussed the road with the developer vhen he bought the property and he said the village approved it. Pe thinks the road base is wrong. Engineer llagerl said the road has been patched and will re- ceive a n overlay and the drainage problem corrected so the street will not he affected. Mr. Trottor on 6th Avenue said his muffler was torn off his car. Ile was advised to notify Manager Crawfotd. P+iblic hearing closed. RES. NO. 70-433 NORT (JEST INTERCEPTOR Levy- 5094) RE: PROJ. #69-100-F J 0 Page 11, Special Meeting, occ. S; 1970 MOTION was made by Councilman Hintz, second by Councilma i Spaeth to adopt RESOLUTIONS N0. 70-4349 A RESOLUTION CONFIRMING AND kDOPTING THE ASSESSMENT FOR WATER AND SEWER, STH, 6TH AND UPLAND PROJECT ;69-1,0-F IN THE AMOUNT OF $77,067.17 WITH INTEREST AT 8% TO BE ADDED. TO THE ASSESSMENT ROLL FROM DATE OF ADOPTION COVERING A 30 YEAR PERIOD. Motion carried 4 aye roll call vote. SEWER AND WATER MINNEAPOLIS WG:tKHOUSE: Public hearing opened, no one appeared, hearing closed at 10:40 P.H. MOTION'u,as made by Councilman Hintz, second by Councilman Spaeth tc• adopt RESOLUTION Na. 70-435, A RESOLUTION CONFIRMING AND ADOPTING THE ASSESSMENT OF $1946000.00 FOR SEIIER AND WATER MINNEAPOLIS WORK- HOUSE WITH INTEREST AT 8E TO BE ADDED TO THE ASSESSMENT ROLL FROM DATE OF ADOPTION COVERING A 30 YEAR PERIOD. Motion carried 4 aye roll call vote. i MOTION was made Ly Councilman Hintz, second by Councilman Kindaeth to adopt RESOLUTION NO. 70-436, A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE PERMANENT AND TEMPORARY CONSTRUCTION EASE- MENTS FOR SEWER, WATER AND STREET PURPOSES FOR PROJECT M -110-8A PARKERS LAKE IMPROVEMENT. Motion carried 4 aye roll call vote. MOTION was made by Councilman Johnson, second by Councilman'Hintz to adjourn at 11:45 P.M, Motion carried, unanimous vote. Attest: RES. NO. 70-434 SEWER AND WATER, STH, 6TH b UPLAND Levy 5098) RES. NO. 70-435 SEWER AND WATER SLS. WORKHOUSE Levy 5095) a I RES. NO. 70-436 EASEMENTS FOR PROJ,. #70-190-8A i 1hp 0 V