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Home My WebLink About01-131 - ADMIN Resolution - City Council - 2001/11/19• • RESOLUTION NO. 01-131 LEVYING ASSESSMENT AND REASSESSMENT FOR DELINQUENT UTILITY ACCOUNTS, TREE REMOVAL/INJECTION, NUISANCE ABATEMENTS, FALSE ALARM FEES AND OTHER MISCELLANEOUS CHARGES WHEREAS, the City Council has heretofore determined by ordinance the rates and charges for water, sewer and refuse services of the city and has provided for the abatement of tree removal/injection, grass/weed cutting and other miscellaneous charges to a home or business shall be at the expense of the owners of the premises involved; and WHEREAS, all such sums become delinquent and assessable against the property served under Section 6-158, Section 6-206, Section 9-103, Section 9-110, Section 11-2004 of the St. Louis Park Ordinance Code and Minnesota Statutes 18.023, 18.271, 443 and 429; and WHEREAS, the City Clerk has prepared an assessment roll setting forth an assessment against each tract or parcel of land served by water, sewer and refuse services of the City or charged for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid on November 9, 2001; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that said assessment roll is hereby adopted and approved, and is hereby levied and assessed or reassessed against each and every tract of land described therein an assessment in the amounts respectively therein abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid on November 9, 2001; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to deliver said assessment or reassessment roll to the Auditor of Hennepin County for collection of the assessment in the same manner as other municipal taxes are collected and payment thereof enforced with interest from the date of this resolution at the rate of four point eight seven percent (4.87 %) per annum. Reviewed for Administration: •-%)W City Manager Attest: • ty Clerk Adopted by e G y Council November 19, 2001 ' C1 C6(e-t May `r RESOLUTION NO. 01-132 Amends and Restates Resolution 85-183 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 85-183 ADOPTED ON OCTOBER 21, 1985, AND GRANTING AMENDMENT TO CONTINUED SPECIAL USE PERMIT UNDER SECTION 14:8-6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO RELIEVE APPLICANT OF OBLIGATIONS TO MAINTAIN EMERGENCY ACCESS ROAD FOR PROPERTY LOCATED IN THE R-3, TWO FAMILY RESIDENCE DISTRICT AT NORTHWEST QUADRANT OF STATE HIGHWAY 7 AND STATE HIGHWAY 169 FINDINGS WHEREAS, Lohman's Amhurst Homeowners Association, has made application to the City Council for an amendment to a continued special use permit under Section 14:8-6 of the St. Louis Park Ordinance Code to allow 288 cluster housing units to remain without an emergency access from Highway 7 at the northwest quadrant of Highway 7 and Highway 169 within an R-3 Two Family Residence Zoning Distnct having the following legal description: Lohman's Amhurst and Lohman's Amhurst Second and Third Additions WHEREAS, the City Council has considered the information related to Planning Case Nos. 78 -110 -SP, 85-79-SP/S, and 01 -55 -CUP and the effect of the proposed amendment on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan, and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 85-183 of the St. Louis Park City Council dated October 21, 1985 which contained conditions applicable to said property; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 6418 of the St. Louis Park City Council dated November 5, 1979 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 85-183 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case Files 78 -110 -SP, 85-79-SP/S, and 01 -55 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 01-132 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-183 is hereby restated and amended by this resolution which continues and amends a special use permit to the subject property for the purposes of cluster housing within the R-3 Two -Family Residence Zoning District at the location descnbed above based on the following conditions: 1. The site shall be developed in accordance with the plans and specifications filed in accordance with the final plat and shall be developed, used and maintained in accordance with the following exhibits. 9 Exhibit A — Site Plan (revised) Exhibit B-1 — Berm/Fence Plan — Southwest edge (Revised) Exhibit B-2 — Berm/Fence Plan — Northwest edge (Revised) Exhibit C — Planting — Intenor (Revised) Exhibit D — Planting (Right -of -Way) per plan received October 3, 1985, provided, however, all trees shall be a minimum of 2'/i inches measured one foot off the ground at the time of planting. Exhibit E — Drainage and Grading Plan (Revised) Exhibit F — Building Elevations (Revised) Exhibit G — Fire Protection and Construction Access Map (amended by condition 7 adopted on November 19, 2001) (The revised Exhibit D noted above shall also constitute Exhibit D referred to in item 2.f of the Subdivision Contract No. 1389 dated May 19, 1980 between the City and Cheyenne Land Company.) The total number of units shall not exceed 275 units as per the Site Plan (Revised). 3. All subdivision documents shall be executed by the developer and the final plan shall be filed with the County. 4. All utilities, including but not limited to electnc, gas, sewer, water, telephone and cable television, shall be placed underground. 5. All access to the subject property shall be from West 36th Street, except for temporary access from County Road 18. Emergency access shall be provided from Highway 7 as shown on Exhibit G. (Amended by condition 7 adopted on November 19, 2001.) 6. All improvements, including buildings, roadways, utilities, landscaping, berms, curbing and ponding areas and other improvements as shown on the exhibits shall be completed by October 1, 1982, except Exhibit D — Planting (Right -of -Way) per plan received October 3, 1985, which shall be completed by May 15, 1986. Resolution No. 01-132 -3- 410 7. The special use permit shall be amended on November 19, 2001 (Case No. 01 -55 -CUP) to incorporate all of the preceding conditions and add the following conditions• a. Exhibit G (condition 1) shall be amended to eliminate the emergency access from Highway 7. b. Condition 5 shall be amended to eliminate the requirement for emergency access from Highway 7. Assent form must be signed by applicant for the special permit amendment to be effective. Review d for Admini;,tration Adopted . the Cit Council November 19, 2001 City Manager Attest: May