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HomeMy WebLinkAbout10-04-88 w ~d ~ CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 4, 1988 The meeting was called to order at 7:00 p.m. by Mayor Zaun. Roll call was taken. Present: Councilmembers Sindt, Harvey and Mayor Zaun. Absent: Nelson and Enright. Also present: Patrick Farrell, City Attorney; Patrick McGarvey, City Administrator/Clerk; Daryl Zuelke, Consulting City Engineer; Dennis Feller, Finance Director; James Robinette, Community Development Director. At 7:00 p.m. Mayor Zaun opened the public hearing on the assessment of Project 87-9, improvements to the Cedar Glen Addition and Carroll Addition area on the west side of Cedar Avenue. The City Clerk attested to the legal notice. There was no one present wishing to speak on the assessments. 88.463 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 88.464 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-134 approving and adopting the assessment roll on Project 87-9. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. At 7:15 p.m. Mayor Zaun opened the public hearing on the assessment of project 87-25, the improvements to 175th Street east of Ipava Avenue. The City Clerk attested to the legal notice; and there was no one present wishing to speak on the project assessments. 88.465 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. 88.466 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-135 approving and adopting the assessment roll on Project 87-25, 175th Street improvements east of Ipava Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. At 7:30 p.m., Mayor Zaun opened the public hearing on the assessment of project 87-4, improvements to 165th Street for that portion of 165th Street east of Ipava Avenue. S CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 4, 1988 The City Clerk attested to the legal notice; and Mr. Norm Poquette was present representing the Walnut Ridge Addition. He indicated his desire to have the assessments spread for 165th Street in a different manner than what was being proposed by the City in preparation of the assessment roll. He wished to have the assessment placed partially on the final platted lots in Walnut Ridge Addition, and the remainder on the platted portion of his property. The Finance Director gave the Council an update on the amount of delinquent bills Mr. Poquette owes the City primarily for engineering service and development of his addition, and the Administrator pointed out that the completion of the streets within his first addition have not been satisfactorily finished. The Council questioned Mr. Poquette as to the reasons for the condition of the streets, the delinquent accounts to the City and the need to continue his letter of credit. 88.467 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. 88.468 Motion was made by Harvey, seconded by Sindt to adopt the assessment rolls as presented on the assessments for the 165th Street improvement to be levied against 86 lots in the Walnut Ridge Addition, unless Mr. Poquette delivers a new letter of credit in the amount of $461,000 on or before 4:00 p.m. on Monday, October 10, 1988, with the authorization and understanding that if such a letter is delivered, the staff may spread the assessments over the project 87-4 on Mr. Poquette's property so that part of the assessments are on the Walnut Ridge Addition and part on the undeveloped, yet to be final platted, part of his property. Roll call was taken on the motion. Ayes, Harvey, Sindt, Zaun. 88.469 Motion was made by Harvey, seconded by Sindt to call a public hearing for the November 7, 1988, regular council meeting to assess the lots under the ownership of Mr. Poquette in the Walnut Ridge Addition, all of the delinquent bills due the City, plus the cost of satisfactorily completing the streets in the Walnut Ridge Addition if necessary and direct the staff to prepare the necessary notice to the public and assessment roll for consideration at the November 7, 1988, meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 88.470 Motion was made by Harvey, seconded by Sindt to acknowledge receipt of a letter from Santeen Products on their assessments on project 87-4. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. 2 CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 4, 1988 88.471 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-136 adopting the assessment roll on project 87-4, with the exception that the roll may be changed if Mr. Poquette complies with the require- ments of the above adopted motion. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. At 8:00 p.m., Mayor Zaun opened the public hearing on the assessment of project 88-4, the multi-purpose trailways along 165th Street and Ipava Avenue. The City Clerk attested to the legal notice. 88.472 Motion was made by Harvey, seconded by Sindt to receive a letter of protest on the assessments from Delta Development Corp. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. There was no one else present wishing to speak on this trail project along the western part of 165th Street. 88.473 Motion was made by Sindt, seconded by Harvey to close the public hearing nn project 88-4. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. 88.474 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-137 approving and adopting the assessment roll on project 88-4. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. At this time, Mayor Zaun opened the public hearing on the assessment of project 86-15, the multi-purpose trailways along 165th Street, east of the part of the trails involved in project 88-4 and leading up to Ipava Avenue, and for the trails along Ipava Avenue from 173rd Street to County Road 46. The City Clerk attested to the legal notice. The City Engineer presented the costs for the trials and how they were assessed, indicating that five feet of the eight foot wide trails are assessed to the adjacent benefited property, and the City picks up three feet of the eight foot wide trail costs from the multi purpose trail fund. Mr. & Mrs. Raymond Tabaka were present and questioned the reason for assessing any part of the trail cost and how the cost was assessed. The City Administrator explained that the City did not assess the total cost of the eight foot wide trail and that five feet had been assessed, with the City paying for the remaining three feet. There was no one else present wishing to speak. 3 • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 4, 1988 88.475 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. 88.476 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-138 approving and adopting the assessment roll on project 86-15 for the multi purpose trails. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. At this time, the City Attorney reviewed with the Council the manage- ment agreement received from Wong Restaurants, Inc. and Four Eleven, Inc. The attorney indicated that the agreement was properly drafted and executed in compliance with the recent city ordinance allowing a management agreement of this nature. 88.477 Motion was made by Harvey, seconded by Sindt to approve the management agreement between Wong Restaurant Enterprises, Inc. and Four Eleven, Inc,, with the stipulation that such an agreement is not to be used after December 31, 1988. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 88.478 Motion was made by Sindt, seconded by Harvey to adjourn the special council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. Time: 8:20 p.m. Resp ct ull submi ~d, atrick E, Mc a vey, ity Clerk r~ Du ne Zaun, a or 4