2005.10.03 CC Minutes - Laserfiche WebLink

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City Council meeting of October 3, 2005 Page 3 APPROVE DENIAL OF PERMIT APPLICATION FROM RCWD FOR WEIR INSTALLATION ON JD2 Council member Frank Puleo requested that this item be removed from the Consent Agenda for Council discussion. To avoid any conflict of interest, Mayor Fran Miron removed himself from discussion and passed the gavel to acting Mayor Becky Petryk. At its September 19, 2005 meeting, Council considered a permit application from the RCWD for the installation of a weir in JD2 for the purpose of increasing the lake level in Rice Lake. After discussion, Council tabled the application and directed staff to prepare a resolution regarding the issue of an outlet structure for Rice Lake, as well as preparation of a map of potential impact areas. City Attorney Dave Snyder discussed with Council a resolution of Findings of Fact highlighting the reasons for denial of the permit. After further questions and discussion: Puleo made motion, Granger seconded, to adopt RESOLUTION 2005-55 DENYING THE PERMIT REQUEST BY THE RCWD FOR A PERMIT TO INSTALL A WEIR TO SERVE AS AN OUTLET TO RICE LAKE. VOTING AYE: Granger, Petryk, Puleo ABSTAINED: Haas Motion Carried. 132ND STREET ASSESSMENT HEARING At its September 6, 2005 meeting, Council adopted Resolution 2005-51 calling for an assessment hearing, which has been scheduled for October 3, 2005. The hearing was scheduled after the City received a duly signed petition for the bituminous surfacing of 132nd Street, between the east line of Goodview Avenue and to the west line of Henna Avenue, in the fall of 2003. On September 7, 2004, Council awarded the bid for the project to North Valley, Inc. The feasibility report adopted on May 17, 2004, contained a project estimate of $345,000 of which $320,000 would be assessed on a developable unit basis. Based on 39 developable units, the total assessment per unit was estimated at $8,205. Staff announced that, due to an excellent bidding climate and project management oversight, the actual cost has been decreased to $183,799.38 over a reduced assessable unit to 36.35 units, for an assessment per unit of $5,056. City Attorney Dave Snyder commented on a letter from the White Oak Heights homeowners association requesting that individual parcels be assessed rather than the association. Dave stated that this would not be a problem, assuming no property owners contest the assessment. Mayor Fran Miron called the public hearing to order to receive public comment on the issue. Sally Cain, treasurer of the White Oaks Heights homeowners association, stated that all homeowners pay their own taxes, and they are not legally set up as an association, thereby explaining their request to be assessed individually. Jerome Jessen requested Council consideration of a lower interest rate and the possibility of being able to make monthly payments. Lee Roepke thanked Council for the project and requested Council consideration of The Garden participating in the assessment as the business generates a good amount of traffic.