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01-22-75
r ~ • CITY. OF LAI~.'V'ILLE SPECIAL COUNCIL MEETING JANUARY 22, 1975 The meeting was called to order bq Mayor Mako at 8:C1~ P.M. at the Orchard Lake School. Flag pledge followed. .Present; Zaun, Brander, Mako, Ennond and Clarkson, Also present; Robert Frigaard and Robert Rosene, Citq engineers, Richard B. Hogan, Citq Administrator and Pat Farrell, City Attorneq. The hearing on the Water and Sewer~Extensions Orchard Lake District was opened and Mr. Frigaard reviewed the preliminary report for the interested. persons present, A list of interested persons present is attached to these minutes. Gordon Lexson felt that the tex~ "beneftted property" is a vexy 1©ose term. Mr. Richard LeRoq asked what. is a water and sewer lateral and what is the restorati~a which was then explained. by the Engineer. He told the audience that the laterals are the lines that physicallq run in front of the house and the restoration of grade is when the road is brought back up to grade. Also restoration included resedding and reseeding..- John Asmus asked if the lift station would be of sufficient depth.. The answer was qes but in the future for more development there would have to be additional pumping stations. . Steve Johnson asked the exact location of the lift station as he thought it might be where his business is situated. Mr. Joe Schweich asked what area is included in this hearing and Mr. Farrell explained that some of the people present had been sent notices and were not within this benefitted area. .Dennis McNelis asked whq he had not received a notice for the previous hearing for Lake Marion North. Mrs. Parrish asked what part of the property is assessed. Jerry Anger of the Chart House asked if the water and sewer. pipes would be low enough and was assured that theq were. Jerry Toberman of tueen Anne Trailer Court asked how the trailer court would be assessed and was told a practical formula would have to be worked out but the formula for. the SAC charge is 8th. Terry Gilman is opposed to-the sewer and water project and asked whq the gravel base costs ire to install than the former blacktop. Louis Helkenn felt that the moneq for the assessments should have .been collected at the time the homes were built. Mr. Halvorson asked how this project would benefit him as most of his land is swamp. Steve Johnson said that mariq homes were built a long distance from the road and would this affect the assessment. He was advised that it is the property that is assessed not the house. Mrs. Anderson on 172nd St. asked how her property would be assessed if she has no frontage on the read. The. trunk charge was explained at this time.. Mr. Stated asked who would foot the bill if the railroad caved in when the sewer is installed. He was advised that the contractors had insurance, Mr. J. Freundschuch of Judicial Road said that he is opposed to these charges. Mrs. Richard Schult asked if the $25o charge would be credited to them and the answer was qes. Mr, AZ Patenaude asked if the street is wide enough for this project and was told that this matter is not under consideration at this time. MI'• Howard Christiansen of 175th St. asked if the Council policies for assessments ~1) • CITY CF LAKEVILLE SPECIAL C~UIdCIL MEETING JANUARY 22, 1975 be down in black and white or can another council change these. .Fie also feels. that these assessments will hurt many elderly people and this hhould be considered in this policy. Harland Simchuck said that he had never seen a petition for this project in his area which will be receiving water and sewer laterals if-this project is approved. Mrs. aalehutt Baia she lives on the lake and is in favor of this project. Mrs. Dawson asked how her thirty two acres will be assessed. Mr. Julius Suleaki of 162nd St. said that the problem is in Lakeville Hills area and asked-why building permits had been given when it was knoEan that this problem existed. John Jones feels that water and sewer are needed but feels .that the cost is too high and that not enough people signed the petition. Mrs. Henry Bartelds asked haw her property would be assessed and was told an an area charge only. Mr. Sternberg felt that there should be a show of hands but was told that the council position of a show of hands would. be unfair. Mrs. Monson of Lakeville Hills said that 9 out of 14 house have problems and Mr. LeRoy.Tongen stated the same fact. Ed Pirie said that he did not have problems and is .strongly opposed to this project. Qrady Alderman recommended that progress should be made, however, a plan is needed tc> assure other pe©ple as to when they will get service. Larry Bakken asked why water and sewer were not being installed aide by side and also asked about floridated water. Mr. Lexson said that as Lakeville is designated as a rural area, he could not see how the Council could justi~p -thin project. Zt was explained that the Council feels that this is a health problem and that orchard Lake could be contaminated and that is why the Cauncl;s trying to extend water and sewer where it is needed. Richard LeRoy asked if the ~25o area charge is a one time charge and what is the ball. park figure for two and one half acres. Mr. John Asmus asked what the user fee is . Cherril asked if the assessment hearing will decide whs.t the assessments will be. She also asked how the citizens could start a petition against thins project. Don Peterson asked if the Council had considered the lands that ark incapable of holding water and sewer when the land had been developed. John Jones asked if it is required to connect if not needed and what is the law regarding connecting to the City water and sewer lines. Other questions that were asked are as follows: Whit right do the citizens have'in whether or not this project will go through. "How was the '69 trunksewer paid for. Will the blacktop be installed again and who would pay for the same.. When will we be assessed if this .project goes through. Would it be possible to put off the area charge until the laterals are installed. 75.92 Motion by Mako seconded by Emond to close this hearing on water & sewer extensions to the Orchard Lake District. Zaun, Brandes, Mako, Emond and Clarkson Faye", motion carried. 75.93 Motion by Brandes seconded by Zaun to table a decision on this project until Wednesday, the 19th of February at 8st~ P.M. in the Orchard Lake School. (~1_ CITY`OF LAKFYILLE SPECIAL CCIINCIL MEETIAIG JANUARY 22, 1975 Brander, Mako, fond, Clarkson and Zaun "aqe", motion carried. Mr. F~nond explained that he would look at ..the pro3ect more favorably ifmare area would be covered by the water and sewer laterals.' It was explained to the Council that.the zoning Ardinanee aMould be amended so that the planner's fees could be passed on to the developers. 75.9 .Motion by Clarkson seconded by Emond to set up the reading cif a proposed amendment to the coning ordinance to pass on the planner's fees to the` developers on 1~th and 18th of February and instruct the administrator and the attorneg to prepare this amendment. Mako, E~ond, Clarkson, Zaun and Brandeis ,,t~?ye}', motion carried. The planner's contract wsa discussed and Mr. Farrell `said, that. there eho~ld be a non compete clause of 9°daga to 1 year for Midwest Planners. g letter from Mr. Walters was also presented to .the Council. The matter of a lawsuit was also discussed. .Motion by baond seconded by Zaun was carried unanimously.. Respectfully submitted, CLERK MA'St'~R