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10/10/1962 - 00023503�� ASSESSMI�'TS ON STORM SEWF•R PROJECT ND. 52: The City Clerk noted that there were two assessment maps prepared for Project #52. One included four lots in Pearson�s Craigway Addition� and one did not. Th� Council stated that if the lota in Pearson�s Craigway Addition were within the drainage district, they should be included. WATER AND SEWER ON 6 RD AVENUE: Mr. Knutson stated that the plan was to loop the line from 69rd Avenue north to 64th Avenue and tie into this ]ine� but that properties betueen 63rd and bl,th were served by a private 2 inch line on the rear of their propertyy and wondered if the Couttcil would still want to ga ahead with this plan. He stated that the bid date is next MQ�ndsy� October 15� 1962. Mr. Johanson stated that he would hate to have water go in if the people did not want it in the stores, and wondered if something could not be determined as to whether or not they did want it. There was no motion on this matter. Motion by Sheridsn to adopt the above resolution. Seconded by Nee. Upon a voice vote, there being no nays, the motion earried unanimously. ADJOURNMFNT• �here being no further husiness, Mayor Greig dedlered the meeting adjourned. Respectiully submitted: Marv n C�. Br�unsL1e1� Secretary to the Council f �, _. MAy•R — T'. E. Greig SPECIAL COUNCIL MF�TING MINUT,;S — OCTO$ER 10� 1962 A special meeting of the City Council was called to order by Mayor Greig at 9:10 P.M. ROLL CALL: Membera present: Greig�.Sheridan� Nee Members sbsent: Wolke, Johanson P[1BLIC HFARING — 1960-1 STREET AND STREET AND STORM SEWER PROJF,CT #43: The four alternate me'�hoda of distributis�g the cost of the storm drainage portion o£ the 1q60-1 Street Program were pointed out. Mr. Don Bolin, 1344 Skywood Lane� said that since the storm sexer was put in srithout a separate hearing� he thought the project should be lumped together with the street assessment rather than two separate assessments. Mr. Ray Sheridan stat�d that the street could not have been put in without the storm sewer worky and therefore, he felt they should be conaidered as one. Mr, LeVander, Attorney representing 5wanstrom Company� 934 Midland Sank Building� was present and stated that siace the original notice did not mention the storm sewer� it would not be a valid hearing, and there was no actual hearing hcld on the storm sewer. He stated that hia elient would be adversly affected by lwqpiu� together the storm drainage and the street portion of the project� and he does not want his client to be � i� iu �L� � �� put in a poaition of being adversly affe.cted lumping these two parts of the project together. Mr. Kohlan stated that based on previoua discussion with Mr. LeVander� he realizes that he is not interested in combin�ng the two parta o£ the project, He stated that this determination is as much of a legislaiive datermination as a legal. He stated that this work was done at the same time as the atreet surfacing, and i,nder the same con- tract, and the street apecificationa call £or cert.ain storm drainage work to Ue put in. Mr. Kohlan stated that the drainage work afforded benefits to the street work� and he xill advise the Council that it is a matter of their discretion� as to whether or not it should be lumped ' together. He stated that in the long run� it would have little ef�ect� except some people ma,p hav� provisions in their private contract agree- ments with the builder relative ta the assessments, and it is a question of their individual contracts� and not something for the City to decide. The City �ouncil csnamt make this datermination on the private contracts� and he febla it is in within the discretion of the Council to assess these two items separately� or,together. Mr. LeVander stated that he wanted to call tlae attention of the Council to Ordinance No. 75� Section 8� with reference to the street. He stated that the storm sewer is mentioned separatelq in the ordinance. One o£ the property owners asked how the amount of the escrow money is determined, as the amaunt deposited in escrow is apparently quite a bit more than the street cost. It was explained that the City elways attempts to hold more escrow money� or to estimate high on theee assessments} although occasionally the estimate can be low, too. Howard Templin, 1336 Skywood Lane asked if the Couneil is going to call this a sto:m sewer or a street drainage system. Mr. Greig stated that is what the Council has to decidc here tonight. Mr. Nee stated that perhapa this is a matter of discretion� and the concept of combining them will be useflxl i.n other areas, The street� on Talmadge Way for instance� could very well be combined with the drainage worki and would 6e the most equiteble in that case. He stated that it seems that the Council has to dcviate fi�om the normel procedure somewhere along the line� snd he would have no anxiety in doing so in this instance� as it seems it was an element of the street � construction. Mr. Sheridan stated that he feels that it is a part of the street program, and the specifications in the contract call for certain til� and drainage work as a part of the str�et contract� and was so bid. Mr. George M6wAorter� 1330 Skywood Lane� siat,ed that in the Marian Hills Addition area the st6rm sewer is segregated. Mr. Slowers� 1344 Highway �/lOD Northeast, on Lot 1� saked Mr. Anutaon how much he 6enefitted� and how mueh of his uater uould flow into the atoa,m sewer. Mr. Lea Knutson� of Comstock and Davis, Inc.� stated that this gentle- mnn'a water does flow to the east, Mr. LQVander stated that they are entitled to a notice and there s+as failure to givc notice of the storm sewer work in thie instance. Mr. Kohlan atated that he would be aoms- what in agreement with Mr. LeVander� but ir� checking the minutes, the storm sewer trork was discussed at the mecting held for the hearing on the atre�t improvements� and therefore� the matter was brought up; Then the matter was called to the attentian of the Council and the property owners that there would be some storm drainage work necessary. One of the residenta atated that inasmuch as the City had mada a miatake� maybe the solution would be a compromise� ar.d the Council should pay half of the cost from the Genernl Fund, Mr. Greig stated that he does not feel that the City ce.n go on paying theae thfnga out of the General F1znd. The City Manager stated that faulty pro8edure� if there is an�, can be corrected aPter the fact. Mr. Nee stated that it appears that at the time it vas under consideration� the Council msde a determination to go ahead with the street work� and the drainage werk as an elemeri, o£ th� strect construction, N?r. Kohlazz stated that thc amoanL oE storm sewer � work involved was not great� in relat-�on to the i,otdl �noti�nt o1' tiie contracfi., One of the residents asked iC �ne Coimcil runlly l�ad in fac1, made a mistake� inasmuch as it was brouPht out at the hearinr i,hac t,here would he scme storm drainage work involved. Mr, Sheridan �sked 1!r„ xolllan ir he wQnt�ed t??z matter of the proceeain€ s cleared up before the roll *.�rss certifiea. I�ir. �ohlan stated not necessasnly, i£ there was an appeal made� Llie Council wo,�1d have tn go bhrour�h u� th th2 nz�r assessrrier_t. I�r. Sheridan pointed out that i£ it is not out �n tihe ro11 1_n 196s, Lhere woulrl be add�ticnal ?nteresf, put on it, ancl a�ked 1,he Cit;� Clerk �_£ he could estimate what the interest aould oe, and the City Clerk stated th�t it would be in t��e rtei�hborhood of l��„ Nir. iCcl�}.an stated that so +'ar a� the bulk of thE prorerty is eonceinrd, �l handlec� ezther 54 way� the assessment would not vary greatly. Certain lots would be affedted differently than othera� however� and some wou�d be raised and some wauZd he lowered. He did not think the Covncil'a decision will afFect the con�ract between the buyer and the seller. Mr.,LeVander asked why the City cou],d not certify so much for the atreet and so much £or the storm sewer. Mr. Rohian stated that would be merelq a mechanical process, snd he stated that he realized that there are tvo sides to the question� and the Council is really just trying to be fair. One of the residents steted that this question of notification has come up several times� and that the builder has stated that the sssessments are all in and paid for, Mayor Greig atated thet the , prmblem s�ems to be� or the question seems to be� whether or not thia would be treated separately in two separate asaessments� or whether it xould bc assessed togeth�ro Mr. Mewhorter stated that he felt the majority wanted the street and storm sewer aeparated. Mr. Sheridan stated thst he felt that it was necessary part of the street pragram and should be assessed on e front footage basis. Mr. Greig asked for a shov of hands of thoe� people who would want the assessment for the storm sewer and street left intact and assessed as one� 13 werc 3n £avor. Of thos� who wanted it aeparated� there were 7 in £avor. The Mayor declared the hearing cloaed on the 1960-1 Street and Storm Sewer Project. Motion by Nee that the assessment roll for the atorm drainage and street work for 1960-1 Strcet Project not be segregated, and the assesaments be computed on lineal Poot basis� as the Council £inda thet this storm drainage work is an integral part of the street work. Motion was sac- onded by Sheridan. Upon a voice vote� those voting in favor� Greig� Sheridan� Nee. Opposed, None. "�o3:ke and Johanson absent. Motion carried. _ Mr. Sheridan etated that anyone who had a� objection ahould ir,oice it now, and also follow it up with a written obj�etion. The £ollowing people ob�ected. John Po�lard - 1376 Highway #100 N,E. Hc objects as he does not benefit now� as the drainage goea the other way. A resident at 1259 Skywocd Lane asked what about the three mapa� ' that they were not uaed as presented. Mr. LeVander� AttorMey for Swan- strom Companq stated that this would serve as a notice of the S�+anstrom Company objcction, A resident at 1368 Highuay i/100 N.F., George Balthsaor objected. Mr. Shields� 1350 Highway /{100 N.F, objected. He stated that the Council should have the minutes of the meeting for the hearing� and he objected to the project� and asked if the Engineer had brought this matter up. Mr. Knutson stated that their company had advised the Council that it was a low area on Skywocd Lane and storm sewer would be required before street surfacfng shauld be pat in. Mr. Shields saked why the Highway Department was not included in the storm sewer assessment� snd he feels that the costs are too high. The resident at 1259 Skywood Lsne is J, H. Nlathews� and objected to the e�orm sewer claiming he does not benefit� as does �he resideat at 1298 Skywaod Lane. STORM SF,WER AND STREET PROJECT #43: The resident at 5210 Lincoln Strect Northeast stated that he would like to hane the storm sewer and street asseseed together. A question we.s asked how it would be assessed. It was stated that in thia project� the storm drainage work would be separate. There were no other persons who spoke for or against the improvement. The Meyor declared the h�sring cloaed. Mr. Fd Serg asked what area was involved. He stated that there is an area in the amount of square fo�tage in his lot� tt�at ir�dicatea an over- ' lsp. A question was ssked if there would be further drainage in the area of Marian H311s. It was stated that there would be� and there would De further assessments. The question was asked why the Council is assess- ing this project separately. Mr. Wyman Sinith, Attorney for Marian Hills Development Company� statad that he is satisfied with either propossl for spreading the assessment. RESOLUTION N0. 173-1962 CONFIRMING ASSESS1dENT F�R ST. & SS#43: Motion by Nee to adopt the assessment roll for SS&ST.#43, and adopt � , � the resolution confirming the assessment ro71 as shown on Map #2 for Project SSRaST,#Q3, Seconded by Sheridan. Upon a voice vote� therc being na nays� the mation carried unanimously. RESOLUTION N0. 174-1962 CONFIRMING ASSESSMENT '�OR ST. 19b�-1: Motion bq Sheridan to adopt the assessment ro11 for 1960-1 Street Suri'acirig Project. Seconded by Nen. Upon a voice vote� there being no nays, the motion carried unanimously. • � i 1��-ti1�1� There being no fUrthar busineas� the Mayor declared the meeting adjourned. Respectflilly aubmitted: Clfi2'V1II c. �8�1'Ull3C1� Secretary to the CQUncil i}Yo T. E, Greig COUNCIL MINUTES — OCTOBER 15� 19�2 A regular meeting of the City Council was called to order by Acting Msyor Nee at 8:15 P.M. ROLL GALL; Memters present; Neet Johanson� Wolke, Greig (arrived 10:50 P.M.) Members abaent: Sheridan APPROVAL OF MINUTES: Motion by Johanson to approve the minutes of the Oetober 1, 19b2 regular meeting as received. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimous7y, Motion by k�olke to approve the minutes of the October S� 196?_ special meeting ss rece3ved. Seconded by Johanson, Upon a voice vote, there being no nays, the motion carried unanimously. Mot3on by Johanson to approve the mi�utes o£ the October 10, 1962 special meeting as received. Seconded by Wolke. Upon a voice vote� there bising no nays� thc motion carried unanimously. QD BU5INESS• SECOND READING OF ORDINANCE 219 VACATING EASEMENT — SYLVAN HILLS PLAT #5: The above ordinance was read by the City Clerk, Motion by Wolke to acccpt this as the second reading ofl the above ordinance and to have it publiahed. Seconded by Johanaon. Upan a voice vote} there being no nays} the motion carried unanimously. AT Mr. Graydon Boeck £rom the Minnesota State Highway Dcnartment was present and stated that the City Mana�er had sent a letter to the Highway ➢epartment on September 10� and'this was answered on September 12th� relative to the storm sewer on T.H. �1�7 and T.H. #/100. Mr. Boeck atated that it seemed �r S .r t i�