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219480CITY OF ST. PAUL Resolution Rafltvmg Assessment I s y 219480 COUNCIL FILE NO. By— L File No. 14806 r the matter of the assessment of benefits, hosts and expenses for ,,gmai* Magnolia Ave,. fr YAChanic Ave. to Hazelwood Street. PUBLISHED under Preliminary Order 1 -95681 f , approved l'ebruarg 3 o 1960 t ' Intermediary Order 196160 * , approved April 3.9-: --196o , 1 Final - Orde 197152 , approved August 31, 1960 A public hearing having been had upon the assessment for the above improvement, and said assess- ment having been further considered by the Council, and having been considered finally satisfactory, be it therefore RESOLVED, That the said assessment be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court of the County of Ramsey for confirmation. BE IT FURTHER RESOLVED, That the said assessment be and it is hereby determined to be payable in equal install ment . SBOLIITION RATIFYING %{{ ASSESSMENT 9tr .1w File No .2i' ;80- `d :eit.I `' . , •.t.l r" •: +r ' 7.• l::eCls.rr / ,.qp;a� �,'`•xi�,y.1,'b • Ia is J _ • COUNCILMEN Yeas Nays Dalglish Holland Y Loss Me tff't"t' Peterson Rosen Vavoulis Form R -2 2M 10 -68 8 / - Tn Favor U Against ' f Adopted by the CouncilAUG 5 1964 al9 io GRADE•MAGNOLIA STREET FROM MECHANIC AVENUE TO HAZELWOOD STREET From its i ception this of the mediate area ai con 1bution; hence the residential property with any fluctuation of improvement was of a local nature for the benefit ad as such would not normally call for a city aid engineers' original estimate of $10.12 per foot was not a firm figure but was subject to revision the total job cost. On this basis, an upward revision of the assessment rates was necessary because the final cost was 64.8% higher than the estimated cost. These new rates were determined at $14.14 per foot on residential property and $17.68 per foot on commercial property. Subsequent to this it was decided that relief might be given to residen- tial property by holding the residential rate to the original engineers' estimate of $10.12 per foot. This was accomplished by council resolution C.F. 217256 adopted March 26, 1964. This would in effect reduce the resi- dential rate by 28.4% which comes close to the one -third reduction, a figure which was mentioned several times in the council proceedings. ENGINEERS'- ESTIMATE FINAL COST (NO AID) Cost Rate Cost Rate $335522.00 $10.12 Residential $55,229.00 $14.14 Residential $12.65 Commercial $17.68 Commercial FINAL RESIDENTIAL RATE $10.12 per foot (Allocation of $4,744.25 city aid monies by resolution) FINAL COMMERCIAL RATE $17.68 (no change) Valuation Bureau July 27, 1964 it '• +II ii H' fl CITY OF ST. PAUL 219 Sp OFFICE OF THE COMMISSIONER OF FINANCE Report of Completion of Assessment File No i- ` In -the matter of the assessment of b6nPT4 p:. COAt*- *Md 408 f gMd1 AVO# under Preliminary Order 1 5 1 , approved k6=17 3. 19k , Intermediary Order , approved 'A'April, i9s196 , Final Order , approved Auk 311 IS To the Council of the City of St. Paul: The Commissioner of Finance hereby repo is to the Council the following as a statement of the ex- penditures necessarily incurred for and in connection with the making of the above improvement, viz: Total construction costs ........................... Engineering ...... ............................... Inspection ........ ............................... Postal cards ...... ............................... Publications ...... ............................... Collection costs ... ............................... Court costs for confirmation ....................... TOTAL EXPENDITURES ........................ Chargeto ........ ............................... .................. ............................... Net Assessment ... ............................... Said Commissioner further reports that he has assessed and levied the total amount as above ascer- tained, to-wit: the sum of $ 55,228.79 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Commissioner, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. t Dated February 41 1964 Form R^2 2M lass s J �1 l y, ♦ . r' 1. - ' _ -a _ Wt Son• Milton Rosen Comsr.'of Public Works - - -. Udlng bear Sik: _ The City Council' Said over "to 8 ter of the REKLU.QON RATI FMG A33F�H'P for grading Magnolia Ave.. is Aver to Hazelwood &t. under r P.4'. 195681 approved February �, a Very truly Yom, i ] City Clerk a April- 8, i964 Ron. .dames -J. Dalglish- . -, Conmsr. of 'Finance Dear Sir i -The City Council -laid over to`ApAl ON RATIFYING ASS 1T: , `. For grading Magnolia Ave. from Mchanic zelwood St, ,'your File 1+806, t . Very, truly_ yours, City Clerk - - ~ - +Y!y'..- �• ` - '- rr J 4 • L.. /_ t - • f - i •rte - ' `r_ r-- - ' L ^• - ` ' ' - • COMMERCIAL AND INDUSTRIAL ��(( DEVELOPMENT, LEASING, SALES • �QQ�iO1lS • AND INSURANCEGEM @NT TEL. 222 -0591 COMMERCE BUILDING ST. PAUL 1. MINNESOTA April 10, 1964 Commissioner Milton Rosen Public Works Department City Hall and Court House St. Paul 2, Minnesota Dear Commissioner Rosen: I will as soon as possible get in touch with you concerning the assessment for the improvement of Magnolia Street, but in the meantime request that the matter be laid over until the .-,29th of April as I will be out of town all of the preceding week. CGR /er Yours very truly, C. G. REIN CO. Clayto G. Rein "A GOOD DEAL DEPENDS ON THE DEALER" +I. r .i I t April 140 • Ja WilliatA Daionran - - _ i Ap\s ; an st. Valu%tia_ Engineer _ , • _ - .' f ;Dear •'Sirs " � - � � , ' _ _ • . • _ _ �- :� -� 'fie , COUnca tOdaY 4B O84 t6 `poatpoa to for the imyz'ovemant on St• w , h 'was set for 'ing on April 220d, until -such time as ' l�r. _ 'returns to. the city. We understaW tb4s will-bo sowt$w of 2MO 1 " YOUrso City Clerk TA • +YS _ 1• 4_. • - •, r•- e "• -r • mow- .v - > • a -_ ♦.r I - _ . f - IIQn r iOSS J- Da144ish `- Cassre of : Fli3V=e ]uildbg ,r y Dear ~Sirs The City Counell regwsted set . date for hearing and $end• ' noticed to pMexty own n the r he assessment for benefits, coats -end expapses'for, - ing x4mo Av6.,trom Meah�Ulc -Aver to Hazel. wixA Stpevt =your File No.. = ; arY rub ym=,p , ri Y � CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 224 -4612 April 15, 1964 City Clerk File 14806, Page This letter is to inform you that the City Council, in order to give.all interested parties an opportunity to be heard, has ached to postpone for an indefinite period the public hearing in regard to the matter of the assessment of benefits, costs, and expenses for grading'Magnolia Avenue from Mechanic Avenue to Hazelwood Street. This matter had been scheduled for public hearing on April 22, 1964, When a new date for public hearing has been set, you will receive notification by mail in advance. JAMES J. DALGLTSH Commissioner of Finance City Clerk CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 224 -4612 22 July 3, 1961 File 14806 Page A public hearing will be held at 10 a.m. on July 22, 1961 in the Council Chambers of the City Hall and Court House at St. Paul, Minnesota at which the City of St. Paul proposes to assess the cost of benefits arising from grade Magnolia Avenue from Mechanic Avenue to Hazelwood Street The total cost of this improvement is $ 55,228.79 and it is proposed that each of the following lots or parcels be assessed as follows: Lot Block Subdivision Assessment You are invited to meet with the technical advisors in Room 286 between 9 and 9:30 a.m. the same date for more detailed information. You may also telephone 224 -4612, extension 449, for construction in- formation, or call 224 -4612, extension 346, for assessment information. Formal billing will be made approximately 60 days after approval of this assessment by the City Council. JAMES J. DALGLISH Commissioner of Finance. i. May 17th y 1960. 7 L52. FINAL ORDER Grade Magnolia Ave., from Mechanic Ave*' to Hazelwood St. under P.O. 195681 approved Feb- 3., ig6o. Petitions signed by 10 and 19 property owners respectively opposing the improvement were noted* 3 property owners appeared in opposition and claimed that the job would be of benefit only• to the operators of a shopping center in the vicinity;' No one appeared in support of the petition. Comsr. Winkel moved that all orders in the matter be discontinued., Motion carried. Yeas 4 Nays 0 Ago Y j R/ 46 o Commissioner Winkel said that on May 17, 1960, the Council rescinded all proceedings in the matter of grading Magnolia Avenue from Mechanic Avenue to Hazelwood Street, being Council File No.-197152, and also the Final Order No. 197153 for condemning easements necessary for cuts, slopes and fills,. He said that,through inadvertence,' the petitioner was not in attendance at the hearing. He therefore moved that the Council reconsider their action. Motion carried, Nays Yeas .- 0 , Commissioner Winkel 'then moved ,that the matter' be'set fog hearing again, and 'new notices be sent to .property owners. Motion carried. Yeas % Nays 0 �i T • JUt\Ic a1_il9fc o Re- hearing was held in the matter of grading Magnolia from Mechanic to Hazelwood under M`• P.O. 195681 and slopes order therefor under P -O- •195682. Petition in opposition was noted together with a letter of Comsr. Holland reporting that the same is not in proper form for petition of remonstrance. About 11 property owners in the vicinity appeared in opposition to the improvement and pointed out that the Council had discontinued the orders on May 17th, 1960. It was pointed out that the Council reconsidered that action on May 18th and directed that a new hearing be held. - I Eltor A. Dehn explained the proposed assessment and said that the rate will be higher against Commercial property than against residential property. The property-owners complained of standing water in their yards and problems caused as they claimed by the filling of the Phalen Center property. They also claimed that the owners of Phalen Center property would be the only ones benefitted by this improvement. r" Messrs. Avery and Beckett discussed the improvement. Mr. Heroff opposed the improvement and pointed out that the Council discontinued it on Yay 17th. A property owner at 1505 Nh,gnolia also spoke in opposition. Clayton G. Rein, representing Phalen Center, favored the improvement and said that the street is necessary for access as well as to provide for sewer service. He said Vmt it may cost more in future years and -that there is no other way of'access to the property. He said we must con- sider the over -all benefit to the city. Jos. Speciale, representing the M. & M. Investment Co., said that they own about 5 acres on Magnolia and want to develop the property but that there is no suitable access at present. He said he thinks that an agreement can be worked out as to the assessment and drainage matters. Howard Pierre, owner of 96 lots in the area, said that it will work a hardship on his property if the improvement is not made and that it is needed for access. - Ralph Stacker, representing Mr. Pierre and Phalen Center, said that $10,000,000 in improvements can be put on the tax rolls if the property in the area is made accessible with streets. He said that the flooding is an engineering problem and that his interests will cooperate. Mr. President Vavoulis asked property owners if the water problem is taken.care of, whether _ they would oppose the improvement and several expressed the opinion that the problem cannot be taken care. Mr. Avery said that the water could be pumped from the area but that•the improvement would be very expensive. Several property owners said that they did -not have this water problem until certain property was filled. Comsr. Rosen moved that the order be laid-over indefinitely and be referred back to the Public Works Dept. for further study and that new notices be sent to property owners when a new date of hearing is set. Motion carried. ° Yeas 7 - 3 Nays - 0 ti �i + ,. i Rehearing was held in the following matters: i7152-e FINAL ORDER Grade Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb.3,1960.,, 17153. '" FINAL ORDER IN CONDEMNATION PROCEEDINGS Condemning and taking an easement in land necessary for slopes, cuts and fills in grading o Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195682 approved Feb. 3, 1960. Both of the foregoing orders had been discontinued on May 17, 1960.; Albert Heroff and others appeared in opposition to the improvement and asked various questions about the grade. , . ' ' -. Mr. Avery gave aIhistory of the proceeding and said that Mr. Rein will construct a drainage swale at his own expense. _ /There was considerable discussion. / Comsr. Rosen said the city may be able to pay 1/3 of the cost on "A" Residence property. JJ Mr. Rein said the owners of the property which he'represents have no interest in the grading of- the street or assessment. He said the,petition was filed by them at the request of the city. Yayor Vavoulis suggested that the matter be,laid over and that interested parties meet with Comsr. Rosen and Mr. Avery on the matter. i _- Comsr. Rosen moved that the matter be laid.over one day to Aug. 31st. Motion carried. Yeas - 6 �_,;, Nays - 0 J August 31st. 1960. 97152: 197153 FINAL ORDER 1 Hearing was again held in the matter'of grading Magnolia Avenue from Mechanic Avenue to' Hazelwood Street; =0 in the matter of condemning and taking an easement in the land + necessary for slopes,.Icuts and fills in the same matter. ?•R•l7 approved Fib. It was noted by the Public Works Engineer that the people i1 oosi ion ' the order;. have now agreed to the improvement-,- Comsr. Holland moved passage of both orders. Motion carried. i Yeas - 5. Nays -0 21 83. RESOLUTION RATIFYING ASSESSM ENT Il�1 In the matter of the assessment of benefits, costs and expenses for grading and surfacing with bituminous material Barclay Street from Magnolia Ave. to Maryland Ave., under P. 0. 200483, approved Jan. 18, 1961,•payable in ten equal installments. Ronald Blomquist, 2800 N. Edgerton, said that he understands that C. G. Rein will pay the assessment for this improvement, but that he wants to know when he will pay it and whether /in a lump sum or by installments. He.said that he needs this information for financing purposes. • • " : ' Eltor Dehn said that Mr. Rein had agreed to pay the assessment, but that he does not know , when, or haw, he proposes to do so.' •- Mr. Blomquist was advised to confer with Mr. Rein and Mr. Roll call on the Resolution. �• `` • r Yeas - Nays 0 Adopted. _ a Resolution reducing the assessment from $55,228.79 to $50,484.54, as approved'by C.F. 216+61 in connection with the grading of bd.gnolia Ave. from Mechanic Ave. to-Hazelwood St: feeaZ ted. _,.. r; ) c •M. .ti i. 't'. .f.- :'�'.`c u`• • �_ i �!, j,a: ^: o.� -s5 ii�� •l.i i� a:. .4` r... t+ i _-�.� Nays - 0 • n 1 • I • - j :n • iI ' v April 1st, 1964. . • RESOLUTION RATIFYING ASSESSMENT " Grading Magnolia Ave. from Mechanic Ave. to Hazelwood St: under P.O. 195681 approved Feb.•3, 196, A resident at 1505 Ames Ave. said this matter has come up before the Council several times and h� has had many discussions with various engineers and officials. He said at an earlier hearing,it was agreed that they would receive a discounted assessment from $10.00 to $7.00, and now the assessment remains at $14.00. W. Avery explained that a resolution has been adopted recently reducing the assessment to the engineer's estimate of $10.00 a foot.' A lady at 1515 Ames Ave. objected to the.assessment•and said they have no need for the street1� and it was graded for the purpose of the shopping center. The Chief Engineer recommended that the matter be laid over one week, and Comsr. Loss moved that the matter be laid over to April 8trh in order that Comsr. Rosen could be present. Motion carried. ' ''�:... ..�.i7 .J,: -'• a,.. 'r ,�.iJ •.w.'e'�'; �� '37- .�t.,�t. `J .t� -� •.. ..,. a - Yeas = 5 :A �- — - _- RESOLUTION RATIFYING ASSESSMENT Grading Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb. 3, 196o. x Comsr. Rosen pointed out that this improvement was constructed at the request and mainly fo the benefit of the Phalen Park Shopping Center, and he asked Mr. Holmboe, representing Mr. Rein, if- possibly W. Rein would pay part of the assessment. Mr. Holmboe said that he would convey the request to Mr. Rein. Comsr. Rosen moved that the matter be laid over to Aril 22nd. Motion carried. ; Yeas - 6 _ Nays _ O j "t i. JI u l E r� I " May 17th 196o. L52. ' ' - FINAL ORDER ? Grade Magnolia Ave. from Mechanic Ave. to Hazelwood St. under. P.O. 195681 approved Feb. 3, 196o. = Petitions signed by 10 and 19 property owners respectively opposing the improvement were noted. 3 property owners appeared in opposition and cljaimed that the job would be of benefit only - to the operators of a shopping center in the vicinity: No one appeared in support of the petition. + "' }' " Comsr. Winkel moved that•all orders in the matter be discontinued: - Motion carried. Yeas - :`_ . F.,r�t: Yu:,: •`. ; �, ,. _ Days _ p May 6o Commissioner Winkel said that on May 17, 1960, the Council rescinded all proceedings in the matter of grading Magnolia Avenue from Mechanic Avenue to Hazelwood Street, being Council File No. 197152, and -also the Final Order No. 197253 for condemning easements necessary for cuts, slopes and fills. He said that,through inadvertence; the petitioner . was not in attendance at the hearing. -• _ He therefore moved that the Council reconsider their action. Motion carried. d Yeas - 4 Nays.- O `4 Commissioner Winkel then moved•that the matter be set fox hearing again, and•new notices be sent to •property owners. Motion carried. Yeas — 4 .�... r i '. sx' t ' .. :z'.:= :e_, `�.•K . Nays - . - . � n4, 4 . `y ' J: _4J. •.. C. r, r•{ ..`r••, +4 .sit;y A _.F:. a i.}.r;.t�i'+: L � • ,•fi �. ,J`,,•,. _ "�, .• :""`" f' r7'"...? t+..' 3' �Y' ��a. + r..w.....ta..,.:s.+-- �..•R: - =' _ .L.;`f v^✓'. � {:r •, - i�.T•---- '--- • - - -�. i!i:.._-- .._`}_ _* ^, ..- _..__ •': __ -._ _ _ - _ - - - • .J r 'r r r- F •. -_ -- �j Re- hearing was held in the matter of grading Magnolia from Mechanic to Hazelwood under P.O. 195681 and slopes order therefor under P-0- 195682. Petition in opposition was noted together with a letter of Comsr. Holland reporting that the same is not in proper.form for petition of remonstrance. About 11 property owners in the vicinity appeared in opposition to the improvement and pointed out that the Council had discontinued the orders on'May 17th, 1960. It was pointed out that the Council reconsidered that action on May 18th and directed that a new hearing be held. - •Eltor A. Dehn explained the proposed assessment and said that the rate will be higher against Commercial property than against residential property. The property owners complained of standing water in their yards and problems caused as they claimed by the filling of the Phalen Center property. They also claimed that the owners of Phalen Center property would be the only ones benefitted.by this improvement. Messrs. Avery and Beckett discussed the improvement. Mr. Heroff opposed the improvement and pointed out that the Council discontinued it on May 17th. A property owner at 1505 Magnolia also spoke in opposition. Clayton G. Rein, representing Phalen Center, favored the improvement and said that the street is necessary for access as well as to provide for sewer service. He said that it may cost more in future years and -that there is no other way of'access to the property. He said we must con- sider the over -all benefit to the city. r Jos. Speciale, representing the M. & M. Investment Co., said that they own about 5 acres on Magnolia and want to develop the property but that there is no suitable access at present. He said he thinks that an agreement can be worked out as to the assessment and drainage matters. - Howard Pierre, owner of 96 lots in the area, said that it will work a hardship on his property if the improvement is not made and that it is needed for access. - Ralph Stacker, representing Mr. Pierre and Phalen Center, said that $10,000,000 in improvements can be put on the tax rolls if the property in the area is made accessible with streets. He said that the flooding-is an engineering problem and that his interests will cooperate. Mr. President Vavoulis asked property owners if the water problem is taken care of, whether they would. oppose the improvement and several expressed the opinion that the problem cannot be taken care. Mr. Avery said that the water could be pumped from the area but that the improvement would be. very expensive. Several property owners said that they did-not have this water problem until certain property was filled. Comsr. Rosen moved that the order be laid over indefinitely and be referred back to the Public Works Dept. for further study and that new notices be sent to property owners when a new date of hearing is set. _ ,Motion carried. ; Yeas - 7 Nays ` 0 C3 `If j . j f I I f :a ,j 1 • L `If j . j f I I f :a ,j 1 Rehearing was held in the following matters: 715?.- FINAL ORDER Grade Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb.3,1960,__, 7153• FINAL ORDER IN CONDaZiATION PROCEEDINGS Condemning and taking an easement in land necessary for slopes, cuts and fills in grading of Magnolia Ave. from Mechanic Ave., to Hazelwood St. under P.O. 195682 approved Feb. 3, 1960- Both of the foregoing orders had been discontinued on Nhy 172 1960., Albert Heroff and others appeared in opposition to the improvement and asked various questions about the grade. Mr. Avery gave a'history of the proceeding and said that Mr. Rein will construct a drainage swale at his own expense. - /There was considerable discussion. JComsr. Rosen said the city may be able to pay 1/3 of the'cost on "A" Residence property. Mr. Rein said the own—e-r-F-18T the property which he represents have no interest in the grading of the street or assessment. He said the,petition was filed by them at the request of the city. Mayor Vavoulis suggested that the matter be,laid over and that interested parties meet with Comsr. Rosen and Mr. Avery on the matter. Comsr. Rosen moved that the matter be laid over one day to Aug. 31st. Motion carried. Yeas — 6 ' Nays - 0 August 31st. -1960. 97152= 197153 FINAL ORDER Hearing was again held in the matter of grading Magnolia Avenue from Mechanic Avenue to Hazelwood Street; AISO in the matter of condemning and taking an easement in the land necessary for slopes.:_Jcuts and fills in the same matter. P :�.19 ��apprgved Fpb. �,19�0. It was noted by the Public Works Engineer that the people i of osi iono the order have now agreed to the improvement. Comsr. Holland moved passage of both orders. Motion carried. Yeas 5 Nays - o 21 83. RESOLUTION RATIFYING ASSESSMENT MJ R C.l7 7 In the matter of the assessment of benefits, costs and expenses for grading and surfacing ,. .with bituminous material Barclay Street from Magnolia Ave. to Maryland Ave., under P. 0. - 200483, approved Jan. 18, 1961.'payable in ten equal installments. / Ronald Blomquist, 2800 N. Edgerton, said that he understands that C. G. Rein will pay the assessment for this improvement, but that he wants to know when he will pay it and whether jin a lump sum or by installments. He said that he needs this information for financing ; purposes. Eltor Dehn said that Mr. :Rein had agreed-to pay the assessment, but that he does not know when, or how, he proposes to do so. Mr. Blcmquist was advised to confer with Mr. Rein and Mr.'Dehn. Roll call on- the Resolution. Yeas - Nays - p - Adopted. Resolution reducing the assessment from $55;228.79 to $50,484.54, as approved by-C.F. 216+611, in connection with the grading of Magnolia Ave. from Mechanic Ave. to-Hazelwood St: _ eaopted. s Nays- 0 • ,_ � • .......;�_ ...� � ... • - ,•`r , -• . . ,,'. • :�. {__ ...� �_,..,,.y'.�..,: �_.��.'. ..._. - -., •. •` A. April lst, 1964. . RESOLUTION RATIFYING ASSESSMENT- Grading Magnolia Ave. from Mechanic Ave. to Hazelwood St: under P.O: 195681 approved Feb. 3, 196 A resident at 1505 Ames Ave. said this matter has come up before the Council several.times and h has had many discussions with various engineers and officials. He said at an earlier hearing,it was agreed that they would receive a discounted assessment from $10.00 to $7.00, and now the assessment remains at $14.00. Mr. Avery explained that a resolution has been adopted recently reducing the assessment to the engineer's estimate of $10.00 a foot. - A lady at 1515 Ames Ave. objected to the.assessment• and said they have no need for the street and it was graded for the-purpose-of the shopping center. The Chief Engineer recommended that the•matter be laid over one week, and Comsr. Loss moved , that the matter be Laid over to A ri��l 8trh in order that Comsr: Rosen could be present. notion carried. Yeas 5 .,';: 'r r: {�.- ... ,. �F... :�.. .J':. w.. .. )1 ••1, . •- _` ..:. :.' .. - , Nays - 0 April RESOLUTION RATIFYING ASSESSMENT Grading Magnolia'Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb. 3, 1960. r Comsr. Rosen pointed out that this improvement was constructed at the request and mainly fo the benefit of the Phalen Park Shopping Center, and he a8ked Mr. Holmboe, representing Mr. L- Rein, if possibly W. Rein would pay part of the assessment. W. Holmboe said that he would convey the request to Mr. Rein. Comsr. Rosen moved that the matter be laid over to Aril 22nd. Motion carried. Yeas - 6 Nays - 0 , ,: ,: • :�' _ ' � a o� n- 1 ' f May 17th; 1960. 1 ORDER M FI . L 2 - 5 .i Grade Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb. 196o. Petitions signed by 10 and 19 property owners respectively opposing the improvement were noted. 3 property owners appeared in opposition and claimed that the,job would be of benefit only, to the operators of a shopping center in the vicinity: lN appeared in support of the petition. 0 one ; .. .:: • , . . , _.:_;. { Comsr. Winkel moved that all orders in the matter be discontinued•,, Motion carried.; , b. i• r , . i Yeas :... _ .... _ • . ;.:�- s . ,. _ Nays 0 May 46o Commissioner Winkel said that on May 17. 1960, the Council rescinded all proceedings in the matter of grading Magnolia Avenue from Mechanic Avenue to Hazelwood Street, being Council File No. 197152, and also the Final Order No. 197153 for condemning easements necessary for cuts, slopes and fills.' He said that,through inadvertence,' the petitioner was not in attendance at the hearing. ; He therefore moved that the Council reconsider their action. Motion carried. Yeas _ 4 Nommis Commissioner Winkel -then moved -,that t: h, e matter be set fog hearing again, and'new notices be sent to.property owners. • Motion carried. Yeas -Nays _ 0 a :'y ,. = • ` p • , . -y. .a vx- .. :w .vim-• �t7. -• r ". .y �. •.r... .. a r', ., i }. .'ti• r � Tc., t_ , -.• '• ... '2 _: %d• � r,'' ter.: .f. _ �_ _ - '�'Y.fc.aC w .._c'•:,i aCC+setra+..xc++s..,.....�. �. - - ".. - - - r _ , t_ - .. <<_. ._ii ._ -_. �_. -._ S -' _ .._- ._ -"1': _ . }• -___ 3 � .4 _ _. _. .. � _ _ • p /j Re- hearing was held in the matter of grading YAgnol'ia from Mechanic to Hazelwood under P.O. 195681 and slopes order therefor under P.O. 195682• } Petition in opposition was noted together With a letter of Comsr. Holland reporting that the same is not in proper.form for petition of remonstrance. About 11 property owners in the vicinity appeared in opposition to the improvement and pointed out that the Council had discontinued the orders on'May 17th0 1960. It was pointed out that the Council reconsidered that action on May 18th and directed that a new hearing be held. - Eltor A. Dehn explained the proposed assessment and said that the rate will be higher against Commercial property than against residential property. The property owners complained of standing water in their yards and problems caused as they claimed by the filling of the Phalen Center property. They also claimed that the owners of Phalen Center property would be the only ones benefitted by this improvement. Messrs. Avery and Beckett discussed the improvement. Mr. Heroff opposed the improvement and pointed out that the Council discontinued it on May 17th. A property owner at 1505 Mbgnolia also spoke in opposition. Clayton G. Rein, representing Phalen Center, favored the improvement and said that the•street is necessary for access as well as to provide for sewer service. He said Vlat it may cost more /in future years and trat there is no other way of'access to the property. He said we must con- sider the over -all benefit to the city. Jos. Speciale, representing the M. &.M. Investment Co., said that they own about 5 acres on Magnolia and want to develop the property but that there is no suitable access at present. He said he thinks that an agreement can be worked out as to the assessment and drainage matters. -Howard Pierre, owner of 96 lots in the area, said that it will work a hardship on his property if the improvement is not made and that it is needed for access. - Ralph Stacker, representing Mr. Pierre and Phalen Center, said that $10,000,000 in improvements can be put on the tax rolls if the property in the area is made accessible with streets. He ,said that the flooding is an engineering problem and that his interests will cooperate. Mr. President Vavoulis asked property owners if the water problem is taken.care of, whether they'would oppose the improvement and several expressed the opinion that the problem cannot be taken care. 's Mr. Avery said that the water could be pumped from the area but that the improvement would be. very expensive. Several property owners said that they did -not have this water problem until certain property was filled. Comsr. Rosen moved that the order be laid over indefinitely and be referred back to the Public Works Dept, for further study and that new notices be sent to property owners when a new date of hearing is set. F• Motion carried. Yeas - 7 Nays - 0 • C f • � f Rehearing was held in the following matters: 7152:e - FINAL ORDER Grade Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb.3,1960,_, 7153. FINAL ORDER IN CONDEMNATION PROCEEDINGS Condemning and taking an easement in land necessary for slopes, cuts and fills in grading of Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195682 approved Feb. 3, 1960. Both of the foregoing orders had been discontinued on May 17, 1960., Albert Heroff and others appeared in opposition to the improvement and asked various questions about the grade. - Mr. Avery gave a' history of the proceeding and said that Mr. Rein will construct a drainage swale at his own expense. /There was considerable discussion. / Comsr. Rosen said .the city may be able to pay 1/3 of the cost on "A" Residence property. JJJ Mr.. Rein said the owners of the property which he "represents have no - interest in the grading of the street or assessment. He said the petition was filed by them at the request of the city. Mayor Vavoulis suggested that the matter be`laid over and that interested parties meet with Comsr. Rosen and Mr. Avery on the matter. ; Comsr. Rosen moved that the matter be laid over one day to Aug. 31st. Motion carried. . . • �- . , Yeas — 6, Nays - 0 J August 31st. 1960. 97152: 197153 FINAL ORDER, 'Hearing was again held in the matter of grading Magnolia Avenue from Mechanic Avenue to'.! Hazelwood Street; AISQ in the matter of condemning and taking an easement in the land necessary for slopes,�cuts and fills in.the same matter..19apprpved Fib. ,19�0: It was noted by the Public Works Engineer that the people i of osi ion `to the"- order, have now agreed to the improvement-. Comsr. Holland moved passage of both orders. `` ; ',' `• i'" '" "' ' "' " Motion carried. '. Nays _ 0 21 83. RESOLUTION RATIFYING ASSESSMENT In the matter of the assessment of benefits, costs and expenses for grading and surfacing, with bituminous material Barclay Street from Magnolia Ave. to Mdryland Ave., under P. 0. 200483, approved Jan. 18, 1961,'payable in ten equal installments. Ronald Blomquist, 2800 N. Edgerton, said that he understands that C. G. Rein will pay the assessment for this improvement, but that he wants to know when he will pay it and whether jin a lump sum or by installments. He.said that he needs this information for financing •:' ;-: purposes. Eltor Dehn said that Mr. Rein had agreed to pay the assessment, but that he_does not know when, or how, he proposes to do so." Mr. Blomquist was advised to confer with Mr. Rein and Mr. Dehn.`';' Roll call on the Resolution. Yeas - 5 .' Nays _ 0 Adopted. Resolution reducing the assessment from $55,228.79 to $50.*484.54,v as approved by C.F. 216461 in connection with the grading of Magnolia Ave f Mechanic from Me nic Ave. ta•Hazelwood St. A opted. Yeas5 ?n .4 •Yr y d• ` y i E'l rc .., ..•A':.. -:� K�`� n t Nays _ - irk .W L April lst, 1964. :. RESOLUTION RATIFYING ASSESSMENT Grading Magnolia Ave. from Mechanic Ave. to Hazelwood St: under P.0: 195681 approved Feb. 3, 196 A resident at 1505 Ames Ave. said this'matter has come up before the Council several times and h has had many discussions with various engineers and officials. He said at an earlier hearing,it was agreed that they would receive a discounted assessment from $10.00 to $7.00, and now the assessment remains at $14.00. W. Avery explained that a resolution has been adopted recently reducing the assessment to the engineer's estimate of $10.00 a foot. - •• ' .. ' . . A lady at 1515 Ames Ave. objected to the.assessment-and said they have no need for the street and it was graded for the purpose of the shopping center: The Chief Engineer recommended that the matter be laid over one week, and Comsr. Loss moved that the matter be laid over to April 8th in order that Comsr. Rosen could be present. Motion carried. ' Yeas - -5 ,..,}:� .;J1, •t:':'.a. '7� 'ii''. .�'�' .a..•.nl' .,k ;'r S' - ^ °`i :i'r - _ " ., Nays - 0 __��� - - - -- - •:'r x '; _ _ _� . .c:w::, Apri RESOLUTION RATIFYING ASSESSMENT Grading Magnolia Ave. from Mechanic Ave. to Hazelwood St. under P.O. 195681 approved Feb. 3, 1960. 1 V Comsr. gosen pointed out that this improvement was constructed at the request and mainly fo the benefit of the Phalen Park Shopping Center, and he asked Mr. Holmboe, representing Mr. Rein, if ,possibly W. Rein would pay part of the assessment. Mr. Holmboe said that he would convey the request to Mr. Rein. Comsr. Rosen moved that the matter be laid over to Aril 22nd. Motion carried. Yeas - 6 Nays - 0 T '. t�