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Home My WebLink About06-29-81 e ~~.•r CITY OF LAKEVILLE SPECIAL.COUNCIL MEETING June 29, 1981.. The meeting was called to order by Acting Mayor, Duane Zaun, at 6:00 p,m. The pledge of allegiance to the flag was given. Ro11 call was taken. Present: Councilmembers Spande, Zaun, Sndt, Nelson_ .Absent: Mayor Lekson. Also present: Roger Knutson, City Attorney; Frank:Kriz and James Johnson, from the consulting engineering firm; Patrick McGarvey, City Administrator/Clerk. 81.275 Motion was made by Spande, seconded by Nelson to approve the minutes of the June 1, 1981 council meeting. .Roll cal]. was taken. on the motion.. Ayes, Spande, Zaun, Sindt & Nelson.. .Nays, none.- 81.276 Motion was made by Spande, 'seconded by Sindt to approve the claims fore payment as presented. Roll call was taken an the motion. Ayes, Zaun, Sindt, Nelson &Spande. Staff reports. There were none. At-this time Mr. Robert Pulscher from Springstead,,Inc. opened the bids on the sale of three bond issues. The issues were for $1,175,000 of general obligation improvement bonds, $90,000 of general obligation bonds for the civldefense siren system, and $170,000 of equipment certificates. Three bids 'were received. They were from Bank Northwest with a net interest rate of 9.6420, First Minneapolis with a net interest rate of 9.7119, and Continental Bank of.Chicagowith a net interest rate of 9.7277:10. Mr. Pinscher recommended>the council adopt four resolutions awarding the sales to Bank Northwest. 81.272 Motion was made by Ne son, seconded by Sndt to adopt Resolution"No. 81-37 awarding .the sale of .the bond issues to Bank Northwest. Ro11 call was taken on the 'motion.. Ayes, Sindt, Nelson, Spande & Zaun. Nays, none. Lekson, absent. 81.278 Motion was made by Spande`, seconded by Nelson to adopt Resolution No. 81-38 awarding ,the sale of the, $1,175,000 -issue. Roll call `was taken on the motion. .Ades, Nelson, Spande, Zaun & Sindt. 81.279 Motion was made by-Nelson, seconded by .Sndt to adopt Resolution No. 81-39 awarding the sale of the civil defense siren bonds... Roll call was taken~on the mbtitln. Ayes, Spande, Zaun, Sindt & Nelson. .Nays, none. 81.280 Motion was made by,Sindt, seconded by Spande to adopt Resolution No. 81-40 awarding the sale of the certificates of indebtedness. Roll call. was taken. on tree motion. 'Ayes, Zaun,,Sindt,,Nelson.& Spande..'. .Nays, none. At this time Acting Mayor Zaun o_n_ened the Board.of Reveiw meeting to the council for reviewing assessment of property by Dakota County. Mr.'Zaun asked if there was anyone present wishing to speak. concerning. their ..property: notices. There. were. none. ..:81.281 Motion: was made by Nelson, seconded by Spande to close the Board of Review meeting.` Roll call was taken on the motion.. Ayes, Sindt, Nelson, Spande & Zaun. -1- • • s CITY OF T.AKFVII,LE SPECIAL COUNCIL MEETING June 29, 1981 81.282 Motion was made by Spande,. seconded by 5indt to adopt. Resolution No. 81-41 stating the City's negative declaration of an environmental impact statement for the Renaissance Festival P.U.D. and authorizing it to be forwarded to outside agencies and governmental units as required. Roll. call .was taken on the. motion. Ayes, Nelson, Spande; faun &`Sindt. The administrator and staff discussed with the council the filing. of .the Highway Interchange Amendment Permit application to be filed by the City for the proposed Renaissance Festival with the Minnesota Department of Transportation and the Highway Interchange Criteria Evaluation to be filed'. by the City with the Metropolitan Council for the I-35 and Minnreg toad ramp widening. ;The administrator pointed out on page 20 of the" Highway Interchange Amendment permit the information, which was submitted by the applicant to the City, that the City would be stating in a cover letter that it" reserves the right to make a future decision on whether or not there should be a full interchange at I-35 and Minnreg Road/":85th St< 8.1.283 Motion was made by Spande, seconded by Nelson to authorize the filing of the permit applcations'with the Minnesota Department of Txansportation and the .Metropolitan Council"subject to the 'administrator's cover letter making-clear that the City,.may'.requre a full interchange at I-35 and Minnreg Road/18:5th Street. Roll call was taken on the'mation. ,,Ayes," Spande; Zaun, Sndt"& Nelson. Nays, none. 81.284 Motion was made by..Nelson, seconded by Sindt to receive the minutes of the advisory committee meetings-. Ro11 call was '.taken on. the motion. Ayes, Zaun, Sindt, Nelson &Spande. 81.285 Motion was made by Spande, seconded by Nelson to approve a preliminary and final plat for. Viking Square Second. Addition, author~ze..'thessuance:..: of a conditional use ..permit for the multiple housing units, :and approve the variance as recommended by the planning consultant and commission. Ro1lcall was. taken on the motion. 'Ayes, Sindt, Nelson, Spande & Zaun. Atthis time Mayor. Lekson arrived and took his chair. 81.286 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 81-42 approving the Niakwa Village 2nd Addition final plat subject to the developer signing the. development contract and posting the.required financial security. Roll call was taken on the .motion. Ayes, Nelson, Spande, Zaun & Sindt. Lekson, abstained. 81.287 Motion was. made by 'Spande, seconded by Nelson to approve the engineering.. plans and specifications for Niakwa Vi-llage 2nd Addition as recommended by .the City engineer. Roll call was taken. on the. motion. Ayes,: Spande,.Zaun, Sindt & Nelson: Lekson, abstained. 81.288 Motion was made by Spande, seconded. by Zaun to approve a conditional use .permit for School District No. 194 to install additional underground fuel .storage tanks near, the Lakeville Middle School as per their application and the recommendations of :the :Planning Commission. _Ro11 call was taken on the motion... Ayes, Lekson, Zaun, Sindt,.Nelson &Spande.: 81.289 Motion was made by Zaun, seconded by-Spande to approve the site plan of the commercial buildngbeing constructed by William Trailer near I-35 and Highway 50 with the understanding that the future driveway access for the> ,property will be limited to a shared access with the property to the south- east'on to"and off from Highway 50, with only one driveway serving the Trailer propertyatx.that time.. -2 - • • • • CITY OF LAKEVILLE"SPECIAL COUNCIL:.MEETING June 29, 1981 'Roll call was taken'on the motion, Ayes,,Zaun, Sindt, Nelson., Spande &Lekson.. Mr. Traiser was present at the .meeting and stated he understood and agreed to the conditions on the future. driveway requirements of the City. 81.290 Motion was made by spande, seconded. by Sindt to table to the July 2Qth meeting further consideration on the application of Ken Zak for a rezoning and conditional use permit. :Roll call was taken on the motion. Ayes,,Sindt, Nelson, Spande, Lekson & Zaun. 81.291 Motion. was made by Zaun, seconded. by Nelson to receive. the preliminary engineering report on the improvement of 185th Street east from Trunk Highway 50, and set a public improvement hearing .for August 3, 1981 at 8:30 on the proposed ,project. Roll. call was taken. on the motion. .Ayes,-Nelson., Spande, Lekson,-Zaun & Sindt, 51.292 Motion was made by Zaun,. seconded by ,Spande to table to the July 20th meeting °further consideration on the assessment of the`Lennart Nelson property -.for the :.street improvement. Ro1.l call was taken on the motion. Ayes, Spande, Lekson, Zaun., Sndt & Nelson. At this time Mr. Jim Johnson, .City Engineer, presented-:the preliminary. concept plan and. maps for 'future improvements of Trunk Highway 50 from 188th Street-to County Road;5 on the west side of T-35 up to -170th Street. Mr. Johnson went over the",proposed changes in`driveway access and future street. locations as they approach these two highways. He also.: reviewed,. the..proposed modifications. of the public roads from 125th Street:West to 171st Street with the council. 81.293 Motion was made by Nelson, seconded by Sindt to approve the concept plan .for the future improvements to Trunk_Highway 50 and Dakota County... Road,S', including east and west side frontage roads along I-35 as they approach and connect to these two highways for the area from_188th Street o,_170th Street and authorize the concept plan o be sent 'to the Minnesota. Department of Transportation. and the. Dakota County Highway Department for their review ..:.and comment . Roll .call was taken on .the motion. .Ayes, :Lekson, faun, Sindt, Nelson & Spande.' The City engineer presented a report requesting approval to place a`24-foot wide, 2-inch thick asphalt mat on 172nd'Street from County Road 5 a distance of 2,075 feet west.' Ths•would•place.the mat over. the recently installed City water and-sewer utilities'n this stretch of 172nd Street. It was pointed out`by the staff that the assessment to properties that. are benefited in this area for the sanitary sewer, water and street would have to be made at a future. date as .they either choose to connect to the utility systems` or when the street se~s'furtherupgradng and improvement. 81.294 Motion was made by Nelson,'seconded by Zaun to approve. placement of a 24-foot wide.2-inch thick asphalt mat on.172nd Street from County Road 5, a distance of 2,075 feet west, as recommended. .Roll call was taken on the motion. Ayes, Zaun,; Sindt, Nelson, Spande &Lekson. 81.295 Motion was made by Zaun, seconded by Spande to reset the. public improvement " hearing :.for sanitary sewer and street improvements on Tpava Avenue from 176th Street .north to the new elementary school for July,20` 1981, at 8:00 p.m. Roll call was taken on the motion... Ayes, Sinde, Nelson, Spande, Lekson &Zaun. 51.296. Motion was made. by Nelson, seconded by Sindt to approve change order No.' 1 in the amount of $8,610 on .project No. 80-7. Rolla call was taken on the motion. Ayes,"Nelson, Spande, Lekson,. Zaun & Sndt. -3- • CITY OF LAKEVILLE SPECIAL C~JUNCIL MEETING June 29, 1981. 81.297 Motion. was-made 'by Ne son,;seconded by Zaun to approve change order No. 3 in the amount of, $5,732 on project No. 80-11, the Oak Hills improvements. Roll call wastaken"on the-motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81'.298 Motion was made by Spande, seconded by Lekson to receive the bids and award the contract to K.R. Drangstveit, dba Orchard Builders, :in the amount of $19,194.10 with the understanding that the contract is to be, .reduced by change. orders where necessary. -Roll call was taken on the motion. Ayes, Lekson, Zaun; Sndt, Nelson & Spande. 81.299 Motion was"made by Zaun, seconded by; Nelson to adopt Resolution No. 81-43 .calling a public hearing an the. issuance of $4 million of industrial revenue " bonds for Despatch Industries, Inc. for July 20, 1981 at 7:30 p.m. Rolla call was taken 'on the motion. Ayes, Zaun, Sindt, Nelson, Spande &Lekson. The City administrator .presented the lease between J & J Holding Company and the City of Lakeville for. the former Lakeville State Bank building rental by the City for the City Hall offices. The administrator reviewed the provisions covering parking on the lot adjacent to the south side of 208th'Street for City employees and the provisions fore the installation of a stairway to the second floor either by the City or City and owner. -81.300 Motion was made by Zaun,-seconded by Nelson to approve the lease .and authorize the mayor and clerk to execute it with J & JHolding Company. .Roll call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson &Zaun. 81.301 Motion. was made by Nelson.,'seconded by Spande to approve the purchase of a 1981 Oldsmobile from Joe Graeve Motors in the amount of $9,289 as per the report from the City administrator dated June 26; 1981. .Roll call was taken on the motion. Ayes,. Nelson, Spande, Lekson, Zaun &,Sndt. 81.302 Motion was made by Spande, seconded by Sindt to adopt. Resolution No. 81-44 authorizing the transferfrom the Escrow Fund to the Park Improvement Fund for thee'Cedar Highlands 1st and 2nd,Addtions.- Roll call was taken on .the motion. Ayes, Spande, Lekson, Zaun, Sndt &:Nelson. 81.303 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 81-45 authorizing. the transfer from the .Escrow Fund o the Park Improvement .Fund for The Meadows plat. Ro11 call was taken on the motion. -Ayes, Lekson, Zaun, Sindt,' Nelson & Spande'. 81.304 Motion was made by Nelson, seconded. by Spande to adopt Resolution No. 81-46 establishing the fees to be charged for accident reports and photos purchased from the Lakeville Police Department.,. Ro11 call was taken on the motion. Ayes Zaun, Sindt, Nelson, Snande &Lekson. 81.305 Motion was made by Zaun, seconded by Nelson to grant anon-intoxicating beer license to Patricia Williams 'and William Gullekson'for the Prairie Provider Eatery at 2fl757 Holyoke Aveneu. , Rolf call was taken'on the motion'. 1~yes, Sindt, Nelson, Spande,,Lekson &Zaun. 81.306 Motion was made: by Zaun, seconded by Sindt to adopt ~rdnance:No. 186 amending he subdivision ordinance, ,Title 10, Section 10-1-6. Ro11'call was taken on the motion.` Ayes, Nelson, Spande, Lekson, Zaun & Sindt. -4- • • i CITY OF LAKEVILLE SPECIAL COUNCIL MEETING June 29 1981 81.307 Motion. was made by Zaun, seconded by Sindt to adopt Resolution`No. 81-47 stating the City Council's'position on the May, 1981 draft of the 208 Water Quality Management Development Guide/Policy Plan of the Metro Council, Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. ..The City"~dmirtistrator presented to the council the status of discussions of meetings between the City administrator and James; Barton of the Metro- politan Council staff concerning the-City and Metro council's differing positions on sewer flow allocations to the City of Lakeville for .thee year 1990 and 'the designation of the year 2000 and 1990 development areas in the City of Lakeville. The `administrator .pointed out that the City would need to follow a prescribed legal process in its attempt to get_thecello- cated sewer flow increase .from the present Metro Council position of L. 85 MGD for the year 1990 up to the requested City figure of 2.22 MGD. He also exp aned that the. discussions had centered on designating a year 2000 urban area -line of over 13,,000 acres in Lakeville, and then within that line designate an approximate .1,900 acre area where it is expected at this time the growth would occur :between now and the year 1990. He explained that if the City .agrees to the designation. on a map of the approximate 1,900 acre areas,..that it should do so only if the plan wording. permits the City to make changes within the larger urban service urea if circumstances warrant it over the years. He indicated that Mr. Barton thought thin would be an acceptable: arrangement. It was pointed outthat the staff. would continue to meet during.. the next week and. that a'further report 'will.. be made to the City Council at their July 6th. meeting. 81.308 Motion was.:. made by Zaun, seconded by"Sindt to authorize the installation of "no parking" signs on each side .of Garner Avenue between 163rd Street and. Gaunt let Court. Ro11 call was taken on the motion. Ayc , Lekson, Zaun; Sndt, Nelson &Spande. 81.309 Motion was made by Zaun, seconded by_Nel~on to approve change order No: 1 to Lee Electric for work on the,new fire station in the amount of $535.83. Roll call `was taken"on the motion. Ayes, Zauz~,:Sindt, Nelson, Spande &Lekson. 81.310 Motion was made by Spande, .seconded by Sindt to a~aprove payment. of $1,500 to the City of Shakopee in support of their legal .case. over the ..fiscal disparities law as in the best. interest of the City of Lakeville. Roll call was"taken on the motion. Ayes, Sndt, Nelson, Spande, Lekson & Zaun. 81.311 Motion was made by Zaun, seconded by Spande to authorize and approve the execution of the contract with Sandmark Construction for The Meadows 2nd Additionimprovements by the mayor and clerk on or before July. 15, 1981, subject to the developer of The Meadows 2nd Addition executing the develop- ment agreement for the addition and submitting an .acceptable letter of credit for the assessments. on or before July 15, 1981, and hat if the developer is unable to meet these requirements ,that the bids are rejected as of July 15, 1981. Roll call was taken on the motion.- Ayes, Nelson,.Spande'.Lekson, Zaun & Sindt. 81.312. Motion was made by Zaun, seconded by,Spande to authorize:. the closing of 208th Street from Howland Avenue to Holyoke Avenue from July 3 to July. 13 for, the Pan'--0-Frog events. .Roll call was taken on the ;motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81.313 Motion was made by .Spande., seconded by Sndt to approve and:. direct the implementation of the Natural Resource Committee recommendation concerning the treatment of Orchard Lake and Lake Marion for swimmer itch, limiting the treatment area to'thee-public swimming beaches operated by the City o~ Lakeville. -5- ~ • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING June 29,.1981 Roll call was taken on the'motian. Ayes, Lekson, Zaun, 5indt, Nelson & Spande. 81.314 Motion was made by °Nelson, seconded by Spandt to approve payment of $1,000 for an easement. to .Michael .Whelan as'recommended by the City attorney's office and'authorze the:'execution of the settlement and easement documents. Roll call was taken on the motion;. Ayes,,Sindt, Nelson, Spande &Lekson. Nays, none: Zaun, abstained. 81.315 . Motion'. was made by L,eksorn, seconded.. by ?aun to ;:approve ,,payment of $340 to Lucy Mallery for permanent easement and authorize-the mayor and clerk to execute itfor the Forest Hills.. project. Roll call was .taken ox the motion. Ayes, Nelson, Spande, Lekson,. Zaun & Sindt. 81:316 Motion was-made by Lekson, seconded by Spande to authorize payment of $270 to Zweber Realty for `a permanent easement and authorize the mayor and clerk to execute it for .project 80-10 and,SO.-1. Ro11 call was taken on the motion. .Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81.317 Motion was made by Zaun, seconded by Sindt to approve the payment of $15,000 to Vern Loken for the purchase of lat 2, block 4 and lot 7, block 1, Oak` .Shores- Addition, as recommended by the City attorney. Roll, call was taken on the motion. Ayes, Lekson, Zaun, Sndt, Nelson & Spande, 81:318 Motion was made by Spande, seconded by Sindt to approve the list of election judges and listed positions for. he July :14,..1981 special City election. Roll call was taken 'on the motion. Ayes, Zaun, Sindt, Nelson, Spande;~ Lekson. -The City administrator and Mr. Kriz presented a notice to property owners. whose property has been potentially improved by the recent installation of water an:d sewer along. 172nd Street dated May 28, 1981. The. staff reviewed the. notice: which outlines-the estimated cost. and how the property would have to pay if they choose to use the improvement, with the council. The staff indicated that he letter in the form of a notice would be sent to the property owners, as they had asked questions which the notice is attempting to answer. 81.319 Motion was made by Spande, seconded by Nelson to adjourn the council meeting. Roll:,call was taken on the motion. Ayes, Sindt, Nelson, Spande,.Lekson & Zaun. .Time.;... 9:06 p.m. Respectfully submitted, cr - ~~l-tc Patrick E: McGarvey, City erk ~j rdon Lekson, ayor -6--