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HomeMy WebLinkAbout09-08-88 • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING SEPTEMBER 8, 1988 The meeting was called to order by Acting Mayor Robert Nelson at 7:00 p.m. Roll call was taken. Present: Councilmembers Nelson, Enright, and Sindt. Absent: Harvey and Zaun. Also present: Daryl Zuelke, Keith Englesby from Donohue and Associ- ates; Patrick Farrell, City Attorney; James Robinette, Community Development Director; Dennis Feller, Finance Director; Leslee Gustafson, Special Assessment Clerk; Patrick McGarvey, City Adminis- trator/Clerk. At this time, the public hearing was opened on project 86-15, and the City Clerk attested to the legal notice. Mr. Zuelke presented slides showing the components of the project improvements and the costs associated with the project and how the assessments were arrived at. 88.397 Motion was made by Sindt, seconded by Enright to receive the four letters of protest on the assessment in the Clerk's possession and refer them to the engineering and legal staff. Roll call was taken on the motion. Ayes, Nelson, Enright, Sindt. Tom Ryan asked the engineer why there was a cost difference and increase for the sanitary sewer and storm sewer portions of the work, and Mr. Zuelke explained that the major reason was that the low bid received from the contractor for that portion of the work was higher than the engineer's original estimate. Rose Green asked what the age for senior citizen deferment applica- tion was, and the answer was given as age 65 or older. Lorraine Halli asked when requests for deferments needed to be filed, and the answer was within the next 30 days after the September 8th public hearing. 88.398 Motion was made by Sindt, seconded by Enright to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson. The City Administrator explained that the project was being assessed over a period of 20 years, and the interest rate was 9.9% on the unpaid principal, with the first year's interest being for a period of 15 months. • i CITY OF LAKEVILLE SPECIAL COUNCIL MEETING SEPTEMBER 8, 1988 88.399 Motion was made by Sindt, seconded by Enright to adopt Resolution Nn. 88-116 adopting the assessment rolls nn Project 86-15, Ipava Avenue and 165th Street. Roll call was taken nn the motion. Ayes, Sindt, Enright, Nelson. Mr. Farrell explained to those present that if they wish to carry their appeal to the district court, they had to file their appeal within 30 days of September 8th. At this time, the public hearing nn project 88-5, the 1988 seal coating improvements, was opened, and the clerk attested to the legal notice. Mr. Zuelke presented maps showing the project area and slides showing the costs. At this time, Councilman Harvey arrived and took his chair, time 7:45 p.m. 88.400 Mntinn was made by Sindt, seconded by Enright to receive a letter of objection. Roll call was taken nn the motion. Ayes, Enright, Sindt, Nelson. Harvey abstained. Mr. Robinette explained why the City seal coats streets every seven years and why it is necessary to do sealcnating in order to maintain the life of asphalt streets in Minnesota. Councilman Harvey ex- plained why the Council adopted the policy three years ago where the City pays 50% of the cost of sealcnating, and 50% is assessed to the abutting benefitted property. Kirby Linder stated that his address in Fnxbornugh Addition was developed only four or five years ago, and questioned why the need to seal the streets this soon. It was explained that the City does the sealcnating nn an area basis, and needs to cover all the streets in each area, as we cannot expect the contractors to be jumping around the city if you wish to get the best unit prices nn the bids. Ron Draper asked why the City does not pay for all of the sealcnating nut of the general fund maintenance budget, and once again it was explained that the City does not believe it is fair to pick up all of the maintenance costs for sealcnating when we have many miles of gravel roads in the City and these tax payers receive a similar type of service. Manley Wheeler indicated that he felt the assessments should be done on a unit basis, not on a front footage basis, because the use of the streets is by dwelling units and their occupants and not on front footage. 2 • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING SEPTEMBER 8, 1988 88.401 Motion was made by Enright, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Enright. 88.402 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 88-117 adopting the assessment roll for the 1988 seal coating project, 88-5. Roll call was taken on the motion. Ayes, Harvey, Nelson, Enright, Sindt. At this time the public hearing was opened on the assessments for project 86-6, improvements to the Brackett's Estates Townhomes and Townhomes 2nd Addition. The City Clerk attested to the legal notice, Mr. Ben Meledandri was present, who is the developer of this prop- erty, and indicated he did not need to have a presentation made and indicated that he felt the project went very well and complimented the engineers for their fine job. 88.403 Motion was made by Enright, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Enright, Sindt, Harvey. 88.404 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-118 adopting the assessment roll on project 86-6. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson. At this time, the public hearing was opened on the assessments for project 87-10, improvements extending the trunk lateral water and sewer lines easterly along the south side of County Road 46 to the Trotter's Ridge Addition. The City Clerk attested to the legal notice. Mr. Lee Johnson, representing U.S. Homes, was present and indicated he had sent a letter in to the City objecting to the assessment of the trunk line to the Trotter's Ridge Addition as a lateral benefit line and indicated he felt that the lines should have been re- engineered and re-located through the interior of the plat if it was going to be assessed as a lateral benefit, He indicated their company had purchased the property from another developer who then purchased it from the owner who had received the notice for the 3 . ~ ~~i • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING SEPTEMBER 8, 1988 original public improvement hearing. He indicated he did not feel U.S. Homes was being treated fairly in this assessment, although the process may be entirely legal, 88.405 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Enright. 88.406 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-119 adopting the assessment roll on project 87-10. Roll call was taken on the motion. Ayes, Harvey, Nelson, Enright, Sindt. At this time, the public hearing was opened on the assessments for project 87-20, the extension of utilities along Cedar Avenue north and south of County Road 70. The City Clerk attested to the legal notice. 88.407 Motion was made by Sindt, seconded by Harvey to receive the .two letters of protest from Curt Fisher and Maynard Johnson concerning the costs associated with the project being assessed to their property. Roll call was taken on the motion. Ayes, Nelson, Enright,. Sindt, Harvey. There was no one present wishing to have a presentation of the project or the project costs. Mr. Curt Fisher was present and stated that he had put in a letter of protest because the costs being assessed were higher than the 1985 estimates in the feasibility report. The City Engineer pointed out that the project was not constructed in 1985 and was later con- structed based on estimated costs in the 1987 feasibility report, which were higher. 88.408 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken nn the motion, Ayes, Enright, Sindt, Harvey, Nelson. 88.409 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 88-120 adopting the assessment roll on project 87-20. Roll call was taken on the motion, Ayes, Sindt, Harvey, Nelson, Enright. 4 CITY OF LAKEVILLE SPECIAL COUNCIL MEETING SEPTEMBER 8, 1988 88.410 Motion was made by Harvey, seconded by Sindt to authorize and direct . the City Attorney to redraft the agreement with Lynn Kaufenberg for software computer work within the Police Department records informa- tion system with the payment for the work to be based on a lump sum payment of $3,600 based upon the satisfactory completion of her work with the project; and the mayor and clerk were authorized to sign the agreement. Roll call was taken on the motion. Ayes, Harvey, Nelson, Enright, Sindt. 88.411 Motion was made by Harvey, seconded by Sindt to adjourn the special council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Enright, Sindt. Time: 9:00 p.m. Respe lly ubmit;ted, atrick E. Mc arvey, City Clerk ~ Robert Nelson, Acting Mayor 5