Loading...
HomeMy WebLinkAbout09-30-80 k~~ f r, CITY OF LAKEVILLE SPECIAL COUNCIL MEETING September 30, 1980 LAKEVTLLE HIGH SCHOOL The meeting was called to order at 7:00 p.m. by Mayor Lekson. Roll call was taken. Present: Councilmembers Lekson, Spande, Zaun, Sindt and Nelson. Also present: Frank Kriz and Darrell Schneider, Consulting Engineers from Consulting Engineers Diversified; Patrick Farrell, City Attorney; Dennis Feller, Finance_Director; James Robinette, Public Works Director; and Patrick McGarvey, City Administrator/Clerk. Mayor Lekson opened the public hearing on Project. 79-8, Junelle Path street improvement, at 7:03 p.m. The City Clerk attested to the proper legal and mailed notice for the hearing. Mr. Schneider, City Engineer, presented the recap of the project costs and how-much was being assessed to the property. owners. on both the front foot and unit basis. The total amount proposed to be assessed was $58,012.76. The City Attorney explained that the proposed assessment is for 10 years at 8 percent interest on the unpaid principal, and that the property owners have 30 .days from the date of the adoption of the assessment rolls to pay without any interest. At this time Mayor Lekson recognized Mr. James Schneider,.a.n attorney representing Patrick Sweeney, Roger Radunz, Mike Danaher, Terry Zeien and Stan Harris, stated that on behalf of his clients. they were objecting. to the proposed assessment. because the footage for the. swamp area located on the north side of Junelle Path was not being assessed, therefore raising the assessments for the rest of the property owners. Mr. Farrell stated. that it is a legislative matter. for the council to decide on what is to be assessed, and the council has. the prerogative to adopt the assessment roll as it is being proposed or to amend it. Mr. Howard Lutke presented a map and letter indicating that part of his lot's:.front'.foo~age was not benefited by the project, and that his assess- ment should be reduced accordingly. 80.4.42 Motion was made by Zaun, seconded by Lekson to close the public hearing. Roil call was taken on the motion. Ayes,. Lekson, Spande, Zaun, Sindt & Nelson. .80.443 Motion was made by Spande, seconded by Nelson to adopt .Resolution No. 80-102 adopting the assessment roll for project 79-8 with one change for the. Howard W. Lutke assessment with the corrected assessment to be $267.00. Roll call was taken on the motion. Ayes, Spande, Zaun, Sindt, Nelson & Lekson. At 7:30 p.m. Mayor Lekson opened the public hearing on Project 79-1, Lake Marion relief trunk sewer.. Mr.-Farrell attested to the: proper legal and mailed notice for the hearing. Mr. Schneider presented a slide showing the project costs. He further. explained that the proposed front foot assessment for lateral benefit is recommended to be $30.25.: based on comparable 1979-80 city lateral sewer .projects. The preliminary report estimate had ''been $25 per front foot. Mr. Farrell stated that the proposed assessment for 20 years at eight percent interest on the unpaid principal at the first year includes interest for a 15 month period from October 1 thru December 31 of 1981. At this time Mr. Farrell read the names of citizens from letters received by the City Clerk objecting to the assessments. Also, Mr. Gary Parker asked about calculating the area assessment from county records and presented a letter indicating that the area calculations of his property were in error. Mr. Leo Gray asked questions concerning the total amount being assessed .for the area, front foot, and other assessments, plus the HUD grant received. He indicated that the amount in his. opinion being assessed, plus the HUD .grant, exceeded the project costs and that the assessments were too high. -1- y • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING - September 30, 1980 The City Administrator explained that the area trunk assessment goes into the trunk fund which is for the entire trunk sewer system, not just this segment of the system. The trunk fund has a deficit which needs to be re- coveredthrough future .area assessments, connection charges, and in some cases tax levies. Mr. Bernard Schweich spoke and stated that he had not .received notice of the hearing.. The mayor stated that the city staff would check the record to see who the. notices were sent to for the subject parcel of property he spoke of. 80,444 Motion was made by Zaun, seconded by Spande to continue the public hearing on Project. 79-1 to the council meeting on October 6, 1980 at 9:OO p,m. in the council chamber. Roll call was taken on the motion. Ayes; Zaun, Sindt, Nelson, Lekson &Spande. At this time Mayor Lekson. opened the public hearing on improvement Pro~~ect 79-14, Oak Shores Sixth and Seventh Addition improvements. The legal notice for the hearing was attested to by the attorney who stated that the developer would not be present. 80.445 Motion was made by Zaun, seconded by Lekson to close the public hearing on Project 79-14, Roll call was taken on the motion. Ayes, Sindt, Nelson, Lekson, Spande.&.Zaun. 80.446 Motion was made by Zaun, seconded by+Nelson to adopt Resolution No. 80-103 adopting the assessment rolls. for Project 79-14. Ro11 call was taken on the motion. Ayes, Nelson, Lekson, Spande, Zaun & Sindt, At this time Mayor Lekson opened the public hearing o~ Project 79-5, water and sanitary sewer extension. Mr. Farrell attested to the proper legal and mailed notice to the property owners and indicated that a letter sent along with official legal notice did have an error in the amount of assessments for individual property owners, but that in his-opinion it was still a legal hearing. due. to the total amount being assessed was not changed. The City Engineer presented a slide showing a recap of the project costs. Mr. A11en I. Nlva presented a letter requesting to break down from the sewer and water assessments being made to the former Texaco gas station property which he owns. Mr. Tom Wurst, attorney representing Mills Fleet Farms, presented a written objection to .protect the rights of his client and requested that they further break down the assessments before they would take any further action. Ms. Sandy Goetz presented a written objection and stated that she thought the price of the front foot assessments had doubled from the original hearing. The City Administrator read from a letter which was sent to all of the affected property owners for the second improvement hearing on the project dated September 13, 1979, which informed them that the front foot assessment rates would be approximately $47.10 per front foot for both sanitary sewer and water.. 80.447 Motion was made by Nelson, seconded by Zaun to close the public hearing. Roll call was taken on the motion, Ayes, Lekson., Zaun, Sindt, Spande & Nelson. 80.448 .Motion was made by Zaun, seconded by Sindt to adopt Resolution No. 80-104. adopting-the assessment roll on Project 79-5. Roll call was taken on the motion. :`Ayes,. Zaun, Sindt, Nelson, Spande & Lekson. -2- • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING September 30, 1980 At this time Mayor Lekson opened the public hearing on Project 79-13, Bassett's Third Addition improvements. Mr. Farrell .attested. to the proper mailed and legal notice for the hearing. The City Engineer presented a brief recap of the project costs. 80.449 Motion was made by Zaun, seconded by Ne]aon to close the public hearing. Roll call was taken on the motion. Ayes, Spande, Zaun, 8ndt, Nelson & Lekson. 80.450 Motion was made by Spande, seconded by Sindt to adopt Resolution No. 80-105 adopting the assessment roll for Project 79-13. Roll call was taken on the motion. Ayes, Zaun, Sndt, Nelson, Lekson &Spande. At this 'time Mayor Lekson. opened the public :hearing on Project 79-6 and 80-12, assessments for. the improvements in the Airlake.Second Addition. The City Attorney attested to the proper legal and mailed notice for the hearing.. 80.451 There being nobody present wishing to speak on the proposed assessments, motion was made by Zaun, seconded by Sindt to close the public hearing. Roll call was taken on-the. motion. Ayes, Sindt, Nelson, Lekson Spande & Zaun. 80.452 Motion was made by Spande, seconded by Nelson-to adopt`Resoiution No. 80-106 adopting the assessment roll on projects 79-6 and 80-12, improvements for Airlake .Second. Addition. Roll call was taken on the motion. .Ayes, Nelson, Lekson, Spande, Zaun & Sindt. At this time Mayor Lekson took up other business`an-the council agenda to await the time of the next scheduled public as essment hearing. 80.4b3 Motion was made by Zaun, seconded by Sindt to adopt :Resolution No. 80-107 authorizing the filing of a LAWCON grant. Roll call was taken on the motion.. Ayes, Lekson, Spande, Zaun, Sindt & Nelson. 80.454 Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 80-108 authorizing the sale of certificates. of indebtedness. Roll call was taken on the motion. .Ayes, Spande, Zaun, Sindt, Nelson & Lekson. 80.455 Motion was made by Spande, seconded by Sindt to authorize the closing of Holyoke Avenue for a brief parade on Ocotber 3rd and the closing of 208th Street between Holyoke Avenue and Holt Avenue for a pig roast on October 3rd as presented in a memorandum from the Chief of Police. Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Lekson & Spande. 80.456 Motion was made by Zaun, seconded by Nelson to amend the council minutes of March 17, 1980, motion 80.132, to include the wording on the adoption of Resolution 80-38 approving the final plat of Sanasha Knolls 2nd Addition. Roll call was taken on the motion. Ayes, Sindt, Nelson, Lekson, Spande & Zaun. At this time Mayor Lekson opened the public hearing on Project 79-2, .185th Street sanitary sewer project. Mr. Farrell attested to the proper legal and mailed notice on the project. Mr. Steve Grohoski was the only citizen present who was concerned with the project and stated he had no comments assuming the assessment roll was being adopted as he had reviewed it with the engineer. -3- . • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING September 30, 1980 80.457 Motion was made by Zaun, econded by Sindt to close the public hearing on Project 79-2. Roll call was taken on the motion. Ayes, Nelson, Lekson, Spande, Zaun & Sindt. 80.458 Motion was made by .Zaun,-seconded by Spande to adopt Resolution No. 80-109 adopting the assessment roll on Project 79-2. Roll call was taken on the motion. Ayes, Lekson, Spande, Zaun, Sindt & Nelson. At this time Mayor Lekson opened the public hearing on the assessment of Project 79-9, Woodridge Addition improvements. Mr. Steve Grohosk, owner of the property, was :present and agreed to the early starting time on .the assessment hearing as he was the.. only: one whose property was being assessed for the improvements. The City Attorney attested to'the proper-legal and mailed notice.. 80..459. Motion was made by Spande, seconded by Sindt to close the public hearing. .Troll call was taken on the motion. Ayes, Spande, Zaun, Sindt, Nelson & Lekson. .80.460 Motion was made by Nelson, seconded by Spande to adopt Resolution No. 80-110 adopting the assessment roll on Project 79-9. Roll call was taken on the motion. Ayes, Zaun, Sindt,;Nelson, Lekson & Spande. 80.461 Motion was made by Zaun, seconded by Nelson to remove the public hearing -from the agenda on the assessing of a parcel of property at the southeast corner of County Road 5 and 170th Street-West and to approve an .assessment agreement signed by the owner of the property and authorize the mayor and clerk to sign it for the City of Lakeville assessing the property. Roll call was taken on the motion. Ayes, Sindt, Nelson, Lekson, Spande & Zaun. 1~t-this time Mayor Lekson opened the public hearing on sewer, water and road improvements to the Szabo Addition and other property on the north and south side of 175th Street near the Forest Hills Addition improvements. Mr. Farrell attested to the proper published legal notice.. Mr. Duane Gustafson.. and Mr. Joe Retka were present and stated that they had not received a mailed notice as property owners in the Szabo Addition. The City Clerk stated that the records would be checked to see if an error had been made in mailing the notices. At this time Mr. Schneider proceeded with the public improvement hearing .and presented a slide showing the layout of the various improvements and the component costs of the improvements. Mr. Schneider stated that he was recommending in his preliminary report that an averagecost per lot be used in the Szabo Addition due to the wide variation in front footage. .The estimated average improvement costs per lot in the Szabo Addition for sewer, water and new street is $12,156.04. Mr. Schneider stated that the improvements could be considered at this time because of the improvements that are forthcoming in the Forest Hills Addition, but that if the property owners on the south side of 185th Street are interested in the improvements, they could be deleted from the overall Forest Hills improvement project. The City Clerk recommended the council continue the publid hearing to the October 20, 1980 council meeting at 7:30 p.m. to .;allow for getting proper mailed notice to property a,~m.ers involved. -4- • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING - September 30, 1980 80,462 Motion was made by Zaun, seconded by Nelson to continue the public improve- ment hearing to October 20, 1980 at 7c30 p,m. Ro11 cal], was taken on the motion. Ayes, Nelson, Lekson, Spande, Zaun & Sindt. At this time the City Council discussed with residents along 175th Street. the need for crosswalks and children warning signs at proper points along the street. The council consensus was to have the staff see that the proper signs were installed. 80.463 Motion was made by Nelson, seconded by Sndt to adjourn the special council. meeting. Roll call was taken on the motion. Ayes, Lekson, Spande; Zaun, Sindt & Nelson. Time: 10:05 p.m. Respectfully submitted, f. Patrick E. McGarvey, City Cler Gordon Lekson, Mayor -5-