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HomeMy WebLinkAbout10-04-78 t: F ~ . CITY'OF LA&CEVILLE SPECIAL-.COUNCIL MEETING OCTOBER 4, 1978 The meeting was called to order by Mayor Lekson at 7:30 P.M. Roll call was: taken. Present: Councilmembers Spande, Curry, Zaun,_Nelson and Mayor Lekson. Also present:' Patrick McGarvey, City Administrator/Clerk; Darrell Schneider, City Engineer; Patrick Farreh, City Attorney and Dennis Feller, Finance.Direc-- tor. At this ime Mayor`Lekson-opened the public 'hearing on the-assessment of the 175th Street `improvement project.. Patrick Farrell 'attested to the legal notice and the legality o€ the hearing. Darrell Schneider presented .the assessment policy as it was .adopted by the City Council on March 27, 1978 and reviewed the rates.being used: for the assess- ments on, this project. Mr. Schneider explained that: the front foot rate for the residential curb and gutter section for this project was $13.00 a'foot~far the counnercial property zoned for coma?ercial use and being used for commercial purposes at,l~ times the r&te or $19.50'-a foot and for the stretch of the-road with no concrete:- curb and gutter, `$9.00 per foot. Mr. Farrell explained that the property owner has 30 days to pap the assess- ment without any intere t caets from the date the .Council adopts the assess- ment roll. Mr. Farrell explained 'that the. assessments would be spread over a-ten year period with the first payment on the 1979 tax. statement. He scat- ed that 'the first year's interest.willinclude interest from October 4,:.1978 through December 3l, 1979 at ahe rate of 8% on the unpaid ::balance. Eft this .time-Mayor -Le'ksan opened the meeting, for ques ions"or comments from citizens-present..:..{ Mr. Christianson questioned about the cost for unpaid bills on a well that' is located in the rigt~t~-of-way recently. acquired from him by the City. Mr Farrell stated that the matter taould have to be Considered as a part of thee. .final taking. of.tne~property, now under consideration.. Mr. Farrell explaine~T that ,in ~w©' or- three instances `the contractor did tre~- pass on'the private property outside.of the::City acquired righC-of-way or .temporary easements. >He advised any of those present who own such aparcel. of property to send a letter to the City on ahe matter immediately. He stated the Engineer would take'it up with the Contractor. Mrs. Walsh asked.: about the difference in the construction of her driveway and also about-the form necessary:: for deferment of the assessment. Mr. Farrell explained to the Council the problem concerning the lacatir~n of her septic system_drainfield and how it'affected the 17Sth Street imp~ovent. Mr'. nern Kelly asked about the area charge being assessed against the Skelly Station: Mr. Schneider'-explained the rationale for equivs3ent automobile trips using State adopted statistics which related to the equivalent of approximately .111 trips per. day for his station. Each ten trips`,equal one $l00 area charge. The total of llletrps were half of the Cotal estimated for the. station taking-into account that 175th Street is just on one side o€ the stations property.' Mr. Schneider explained that the City's police, w~~ that. there would be a pne~time area. charge. Mrs. h~xldquist asked if the records concerning the City's acquisition of property Mere public. Mr. Farrell explained that they were. i~r Farrell ..then explained: the price the City paid for the taking... of additional right-" of-way, a permanent. easement, and-the removing of the Kiicke House. Mrs:. Dvorak .asked about the completion date of the project.. She was advised that the completion dame is;0etober 17, 1978 and that theee are';liquidated das~ges of $ZOb per calendar. day. thereafter on the contract. .Mrs. Palmiter'stated that she objected to ;the from foot assessment on~her property compared to what is being assessed for parcels not abutting on the street. -1- r CITY OF' LAI~IILL~SPECIAL COUNCIL MEETING OCTOBER 4, 1978, 78.475 Motion was made by.ZSun;~seco~.ded by Spande to close the public hearing. Mr.` Farrell'"then explained that anq property owner can ;appeal the Council's assessment within 20 logs ,b~ `filing notice with the District Court of Dakota County He advised those.,t,~at the time period is strict and that. if they go beyond the 20~daq theq Iose their right to .file. Roll call was taken on.-:the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. Time: 8:35 P:M.,~ 78..476 Motion was made by Curry, seconded bq Nelson to adopt Resolution"#78-73 adopt- ing the asses meet roll on the 175th Street improvement profect. Ro1I call was taken on~the~motian. Ayes, Lekson, Curry, Zaun, Nelson and Spande. At this time Mayor Lekson,opened the public hearing on the reassessment of:the Dakota Heights/oak Hills street projec€ of 1976. The: Gitp Attornep attested to thee. legality of the hearing. and notice. Mr. Feller presented the costs used at the arig3.na1 assessment and those being used far the reassessment as determined by the State Audit, and his work. Pat.Farreh advised the'Couneil of the possible problem of refund ng on lots where the assessment has alreadq been prepaid and_;the property-has been sold. The question:-is who should receive the refund. Mr. Farrell-advised that in most cases the seller passes along the'eost to the buyer. 78.477 Motion was made by Nelson, seconded by Zaun to close the public hearing on the reassessment. Roll call was taken on the motion, .,Ayes, Curry, Zaun, Nelson, Spande and Lekson. Time: 9:02 P:M. 78.478, i~ti©n was made bq Curry, seconded bq Zaun to adopt Resolution X78-Z4 approving tt~e reassessment'.roll on.the Dakota Heights/Oak ::Hills street project of 1976. Ra11 call was taken on the motion. Ages, Zaun, Nelson; Spande, Lekson and Curry. At this ime Mayctr`Lekson,opened..the public hearing on 'the reassessment of the Oak''Shores/Logarto`Additians ewer, water and storm-sewer project.. Patrick Farrell attested to the legal. noticeand legality of the hear ng. Dennis Feller presented the figures used in the original assessment per lot com- gated to-.the-figures obtained. by the State Audit and his work. There was one citizen present for the hearing and no one wishing to speak to the Council..: 78,.479 Motion was made by Zaun, seconded hq Nelson to close the public hearing on the reassessment of the Oak Shores/Logarto`Addition project. Roll call was, taken on the motion. Ayes, Nelson, Spande, Lekson Curry and Zaun. Time: 9:OS P.M. 78.480 Motion was made by Nelson,`aeconded bq Spande to adopt Resolution ~~T8-75 approv- ing the reassessment rolls on the Oak Shores/Logarto'Addition project. Roll cal~.~wen taker:~.sn the motipn, Ages, Spande, Lekson, Curry,: Zaun and Nelson. At this time Mr. Darrell. Schneider explained change orders ~~2, 3 and 4 on 175th Street improvement-prc~j~ct.._ Change order 4~2 is for a net estimated .additional :cost of $2,204. Cuge~-order ~~3 has no additional cost to the car~tr-act amount.' Change order ~k4 is °fo'"r a net estimated addit onal' cost of $2,735. ~ 78.481 Motion was made by Curry, seconded by Zaun,to approve chanffie orders X62, 3 and 4 to the 175th Sheet contract with Fischer Constructiaxt for ,a total estimated cost not to eztceed $4,939, with change order 4~2 to be accompanied by a future x 4 2 . -2-~ • M CITY OF LAKEVILLE SPECIAL COUNCIL, MEETING OCTOBER 4, 1978 written agreement :between the City and `'the benefitted property owner. Roll call was taken on the motion. Ayes, Lekson,' Curry, Zaun, Nelson and Span:de. At this time the City Council met. in an=e~ecut~ive session with the City Attorney' eon¢erning the litigation between the City and Dakota`Restaurant's, Inc. over thee'acqusition of an easement on their property:" Thee City`.. Council also discussed the potential acquisition of three acres from Mr. .George Warweg to expand tl~e Antlers Park parking lot. The Cray Administra- tor reported that the, State Panning Office. had urged :the City. to, make another. attempt to acquire the 'three;acre~ as land acquisition ie anti., important parfi of the. Grant proj.ecp; The State' Planning Office had advised t~`at if the cost-ex- ceeded the ~arigiiial estimates includ~cl in the contract that the overage could be funded at least 54% by Faderal funds with;~the City making up the difference, Thare would .then-. be :the gossfbilty ire the ~fu`ture `of the City making a new Grant application-for'finding on asphalt improvemehts to the parking lot and roads. 78.482 Motion was made by Zaun, seconded'by Curry to adjourn the Council meeting. Roll call was aaken on ahe ~t~tibn.,~Ayes, Lekson,,Curry, Zaun, Nelson and Spande. Time: 9:24 P.M. Respectfully submitted Patr `ck Mc a ey, ; Cit ° lerk don Lekson, Mayor