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HomeMy WebLinkAbout10-08-86 ~ ~ CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 8, 1986 Meeting was called to .order at 7:00 p.m. by Mayor. Zaun. Roll call was taken. Present: Councilmembers Nelson, Sindt, Enright, Harvey, and Mayor Zaun. Also present, Dave Grannis, City Attorney; James Robinette, Community Development Director; Keith Nelson and Tim Hanson from Donohue & Associates; and Fatrick McGarvey, City Administrator/Clerk. Mayor Zaun opened the public hearing on the assessment of the Judicial Road, 162nd Street, 163rd Street and Linch Path Paving Project 86-5. The City Clerk attested to the proper legal notices for the hearing. Keith Nelson presented slides showing the project area and the cost for the project. Mr. Nelson pointed out that the final project cost came to $130,477.96 which resulted in a per unit lot assessment of $2,984. At this time Mayor Zaun opened the meeting for questions and comments from the audience. Eugene Thompson stated that the drainage along 163rd Street near his house was not to his satisf action. Mr. Nelson indicated that the City would take a look at the drainage ditch near Mr. Thompson's house. Joanne Lambert stated her concern about being assessed in the future for 167th Street which is the other part of her lot number 7.~ Shy indicated since` the corner lot assessments. were. dropped for this project and costs added on to all of the property owners increasing the full unit cost, she felt the City should take a position now that, if and when 167th Street is paved with asphalt, lot 7 would not be assessed. Mr. Elmer Fritz indicated that he had the same concern for lot 4 across 167th Street from the Lambert property. The City Administrator suggested the Council adopt a motion stating the the City should not assess lot 7 or lot 4, if and when lower 167th Street is paved with asphalt to be consistent with the policy used in assessing Project 86-5. Councilman Harvey pointed out that this policy will increase the cost for the two remaining lots further west on 167th Street, if and when it is paved. . ~ . CITY OF LAKEVILLE SPECIAL COUNCIL MEETING ' OCTOBER 8, 1986 86-425 Motion made by Enright, seconded by Sindt to include in the City records that lot 7 and lot 4 at the corner of 167th Street and Judicial Road should not be assessed for asphalt paving improvement on lower 167th Street to be consistent with the policy used in assessing Project 86-5. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, and Enright. Nayes, Harvey. Jim Bragg asked about the difference in the cost shown in the legal notice for the project and the final cost stated at the hearing tonight. Mr. Nelson pointed out that the figure of a $140,123.80 in the legal notice of the newspaper was based on an estimated final price, whereas, the $130,477.96 was the actual final price. It was the actual final price divided by the units to be assessed which determined the final unit price of $2,984. Carol Jacobson stated the ditch needed further attention in front of her house at the corner of 162nd Street and Linch Avenue. Janet Lekson requested that the City do radar checks for speeding on Judicial Road to determine whether or not stop signs should be installed along it. Staff instructed the Police Department to do radar checks and report back to the Council on their findings. 86-426 Motion was made by Enright, seconded by Harvey to close the public hearing on Project 86-5. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, and Nelson. Time: 7:30 p.m. 86-427 Motion made by Sindt, seconded by Harvey to adopt Resolution 86-117, adopting the assessment roll on Project 86-5. Roll call was taken on the motion. Ayes, Sindt, Harvey, Enright, Nelson, and Zaun. At this time Mayor Zaun reopened the continued public hearing on Project 85-2, SouthFork Village Apartments improvements. There was no one present wishing to speak on the project. The staff inf ormed the Council that a meeting had been held on the afternoon of October 8 with the Developer to explain the project costs and assessments and they were satisfied with them. 2 CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 8, 1986 86.428 Motion made by Harvey and seconded by Sindt to close the public hearing on Project 85-2. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, and Sindt. 86.429 Motion made by Harvey seconded by Nelson to adopt Resolution 86-118, adopting the assessment roll on Project 85-2. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt and Enright. City Council recessed the Special Council Meeting until 8:30 p.m. At 8:30 p.m. Mayor Zaun reopened the public hearing on the assessments for Project 85-9, Clay's Acres storm drainage and road improvements. Mayor Zaun then read from Keith Nelson's report of October 1, 1986 which addressed the issues and questions raised by citizens at the September 25th public hearing on this project. While the Mayor read from the report, Mr. Nelson pointed out the location of the various improvements involved in this project on a map for the audience present. At this time Mayor Zaun opened the meeting for questions and comments from the audience. Jan Johnson stated that her back yard still has water in it and dial not feel the project was benefiting her, especially the storm drainage portion of it, because of the water. Keith Nelson pointed out that the water which once crossed through the culvert from the south side of 210th Street and down the back yards and streets of Clay's Acres has now been diverted into the storm sewer system constructed as part of this project. He also pointed out that the water from the driveway and front yard area of this property runs down onto the streets and in to storm sewer system. James Stephen asked about prepayment terms for the assessments. The City Administrator pointed out that the citizens could pay off the entire assessment within the next thirty days without any interest or they could prepay a part of the assessment without any interest within the next thirty days; and that they also have the option of prepaying part of the assessment in future years if they so desire. They can also pay off the entire assessment in future years. 3 ( •r CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 8, 1986 Steve Adochio asked about the property on the streets where the drain the does not now exist, and if they will be assessed in the future for drain the if and when it is extended. Mr. Nelson indicated that if it is necessary to extend the drain the further south along any of the streets in Clay's Acres to collect ground water, that those lots involved with the exten- sion at that time would face an assessment for the storm drain tile. Dave Zueger asked about the legal notice for tonights meeting and how the project is involved to show benefit to property. City Administrator pointed out that the October 8th meeting on this project was a continuation of the public hearing that was called for September 25, 1986 for which legal notice was printed in the official City paper and mailed to the property owners. Dave Grannis indicated that the state statute requires that a public improvement project must add increased value to the prop- erty, at least equal to the amount being assessed for the public improvement. Patrick Flannigan indicated he thought the Sullivan's farm property to the west of Jacquard Avenue should be assessed at this time as the water from that area drains through the storm drainage system. Mr. Nelson indicated that when that property develops along with the future Meadows Addition property to the north, a storm sewer fee will be charged to the developers and further storm drainage improvements will be installed to the west which will assist in controlling the quantity and flow of water. Larry Olmstead indicated that he felt the pipe under Italy Avenue and north of 208th Street is blocked which is causing storm water to over flow from the ditch in his back yard and affecting his basement. City staff indicated they will investi- gate to see if the drainage way is blocked in any manner; and if so, will have it cleaned. Jim Dupay asked why the drain the was extended further on Italy Avenue of ter the public improvement hearing last year. Mr. Nelson indicated that at the public improvement hearing, it was pointed out that if additional problems were noticed once the project started, that the drain the would be extended and that the engineering firm observed problems .further south on Italy Avenue, necessitating the extension of the drain the system during construction. Dianne MacGibbon objected to the property along Iterri Avenue being assessed the $447 for the street improvement as she felt the $447 was to cover street patching and she did not feel any street patching was done on Iterri Avenue bef ore the overlay. 4 ' ' r" ' CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 8, 1986 At this time Mayor Zaun asked the Council for any comments. Mayor Zaun stated one of the chief concerns of the City Council on any project, and especially this one, was how much should the City participate in the project. He indicated that he thought it would be appropriate for the City to share in one-third of the cost of the drain the improvements affecting the 64 lots. Councilman Nelson pointed out that the City had picked up none of the costs when the asphalt roads in the Dakota Heights Addition were removed so that sewer and water could be put in and that a new road put back within two years of the initial installation of asphalt roads was paid for 100 percent by the property owners. Councilman Nelson stated that in his opinion with the City picking up 32% of the over-all project costs and 76% of the street costs that the City had been fair in the assessment policy for the project. Councilmember Sindt indicated that she had inspected the streets at 4:00 p.m. today and thought the improvement had made a signif icant improvement to the neighborhood. She indicated. that there were problems that needed to be solved there and that the Council had had five meetings prior to the initiation of the project to discuss the problems with the neighborhood and explore solutions. Councilmember Enright stated that she supported the assessments as presented and indicated that it was not an easy project or easy for the Council to determine the best solution and assess- . went policy. She indicated that she felt that the project as completed represented the best solution for the problems in the area. Councilman Harvey pointed out that the people who own the property in Clay's Acres have not, until this time, paid for any storm sewer lateral system, area trunk storm sewer charge, or drain tale cost, because none of the improvements had been made bef ore. He indicated that he felt the value of the houses had probably gone up in the area as a result of the project and that the homes seem to be selling better in the neighborhood this year. Mary Englett spoke and indicated that she was not opposed to the trunk storm sewer charge or drain the portion of the project, but was not supporting the street restoration charge. 86-430 Motion made by Enright, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, and Harvey. 5 . ~ • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING ' OCTOBER 8, 1986 86-431 Motion made by Nelson, seconded by Enright to adopt Resolution 86-119 adopting the assessment roll on Project 85-9. Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson. Nayes, Zaun and Harvey. Mayor Zaun stated he voted no because he felt the City should participate in one-third of the cost of the drain the system and the community could afford it, for this improvement. Councilman Harvey indicated that he voted no because he feels the City should not be participating in this project or other similar projects by picking up a portion of the costs from City funds. 86-432 Motion made by Nelson, seconded by Enright to adopt resolution 86-120 for cooperation with the State for snow removal on Trunk Highway Number 50. Roll call was taken on the motion. Ayes, Enright, Harvey., Nelson, Zaun, and Sindt. 86-433 Motion made by Sindt, seconded by Harvey to adjourn the special council meeting. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, and Sindt. Time: 32 r t Patrick E. cG vey, C ty Clerk -~c,=rf Du ne Zaun, M o PEM/lb 6 CITY OF LAKEVILLE AGENDA SPECIAL COUNCIL MEETING WEDNESDAY OCTOBER 8, 1986 7:00 P.M. 1. Roll call. 7:00 2. Public hearing on the assessments for project 86-5, Judicial Road, 162nd Street, 163rd Street and Linch paving project. a. Attest to legal notice. b. Presentation of the project costs and assessments. c. Questions and comments. d. Motion to close the public hearing. e. Resolution adopting the assessment roll. 8:30 3. Continued public hearing on the assessments for project 85-9, Clay's Acres storm drainage and road improvements. a. Presentation of the project costs and assessments. b. Questions and comments. c. Motion to close the public hearing. d. Resolution adopting the assessment roll. 4. Continued public hearing on the assessments for Project 85-2 Southfork Village Apartment's plat improvements. a. Presentation of the project costs and assessments. b. Questions and comments. c. Motion to close the public hearing. d. Resolution adopting the assessment roll. 5. Adjourn.