HomeMy WebLinkAbout02-17-81 s •
CITY. OF LAKEVILLE COUNCIL MEETING
February 17,.1981
The meeting was called to order at 7:30 p.m, by Mayor Lekson. The pledge
of allegiance to the flag was given.
Roll call was taken. Present:. Councilmembers Zaun, Sindt, Nelson and...
Mayor Lekson. Absent: Councilman Spande.
Also present: Roger Knutson, City Attorney; Darrell .Schneider, City Engineer;
Patrick McGarvey, City Administrator/Clerk.
81.78 Motion was made by Zaun, seconded by Nelson to approve;the':minutes of the
February 2, 1981 council meeting.''
Roll call was taken on the motion. ;Ayes, Lekson', Zaun, Sindt & Nelson.
81.79 Motion was made by Zaun, seconded by Nelson to receive the minutes of the
four advisory committee meetings..
Roll call was taken on the motion.... Ayes, Zaun, Sndt, Nelson & Lekson.
At this time Mayor Lekson stated to those x~resent that the council would
briefly discuss the proposed Renaissance Festival P.U.D. application and
would take any comments from proponents or opponents of the project which
are new and in addition to all of the previous written information and
letters submitted to the Planning Commission and City Council. xe stated
that the City Council would not take any action on the proposal at the-
meeting, and it would be tabled until there was a full council present.
At this time the mayor asked if anyone wished to speak in opposition to
the project with something new..
Mr. Carl Moe stated that the residents against the Renaissance would be
bringing in a petition before the. next council meeting asking the City
Council to support the recommendation of the Lakeville Planning Commission.
Mr. Fred Corrigan addressed the council. and stated that he questioned the
City°s intent of interstate corridor district zoning which was partially
provided to the eastern part of the proposed site. He further questioned
the City's intent on whether or not that type of zoning could be extended
to the property lines. He stated that Mid-America Festivals is buying
the Honeywell Golf Course as a buffer on the west side of the Renaissance
site. He stated that he did not believe the I.C.D.-and P.U.'D. Manning
concepts had been fully explored by the Planning Commission and the staff.
He also stated that he felt the Lakeville Park & Recreation Committee and
Natural Resource Committee should make their recommendations to the Cite Council
prior to the council's decision on the concept of the Renaissance Festival.
The City Administrator explained that the Interstate Corridor. District
zone may be extended through the normal rezoning application, review and
approval process the same. as any other zoning district under the City
ordinance.
At this .time Councilman Zaun stated that he would probably make a motion.
to table the matter to allow the Planning Commission time to receive and
review their minutes of their February 5, 1981 meeting prior to the council.
acting on their recommendations. Mr. Zaun also raised questions and concerns
involving whether or not the City P.U.D. ordinance procedure would be
completely adhered to by ruling on the concept for compatibility. questions
at this time. He also stated that he did not find any specific finding
of facts from the Planning Commission at their February 2nd meeting in
those minutes. He also raised the question on whether or not the City
Council should have the recommendation from the Natural Resource Committee
before making any decision and whether or not the applicant is the legal
land owner. He further stated that he wished to have more information
from the applicant concerning the completion date and beginning date of
each phase of the P.U.D. plan as submitted by the applicant.
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CITY OF LAKEVILLE COUNCIL ri'lEETING
February 17, 1981
Mr. Zaun further stated Ghat the traffic issue may or may not be resolved
in his opinion, and that if the City moves ahead to complete the environ-
mental assessment worksheet, the traffic issue. would obviously be addressed
in that process. He further stated that in a matter such as this, the
City Council considers the private los's versus the public gain on such
a project.
At this time Councilman Nelson explained that the City's requirement to
have the applicant file their application as a Planned Unit Development
was done to give the City as much legal control over the project as possible,
if it is approved.
Mr. Wally Hilgenberg stated that he is not opposed to the development in
this area of Lakeville but was opposed to the Renaissance Festival, and
he further: questioned what an interim use is in relation to the time period.
81, 8D Motion was made by Zaun, seconded by Sindt to table further consideration
of this application until the March 2, 1981 council meeting. There should
be a full council present, and the Planning Commission will have reviewed
their minutes of the February 5th meeting.
Ro11 call was taken on the motion. Ayes., Sindt, Nelson, Lekson & Zaun.
At this time the City Council reviewed the application of Lakeville School
District No. 194. for a conditional use permit to allow the construction
of a new elementary school at the northwest corner of 175th Street and
Ipava Avenue. Mr. Don McGuire, Superintendent, was ,present and stated
that he .had received the preliminary figures some time ago on the various
City improvement costs to the site and that he had just received a letter
from the City Engineer giving the~more updated and detailed figures for
site improvements.
The City Administrator explained that it would be necessary to extend a
sanitary sewer line north from 176th Street along Ipava Avenue to provide
service to this building, and that the school district and City may wish
to consider the improvement of Ipava Avenue once the utility lines have
been installed.
The City engineer pointed out the need for further engineering analysis
of the ponding area at_the southwest corner of Ipava Avenue and 175th Street
and for an outlet to that pond and storm drainage improvements in the area.
81,81 Motion was made by Zaun, seconded by Nelson to approve the conditional use
permit f_or Lakeville School District No. 194 for the new elementary school
at the northwest corner of 175th Street and Ipava Avenue subject to the
site plan which was approved by the Lakeville planning consultant and the
improvements necessary as itemized in the City engineer's letter of February
16, 1981, and including the provision for a loading dock in the front yard,
Roll call was taken on the motion. Ayes, Nelson, Lekson, Zaun & Sindt..
At this time Mr. Darrell Schneider presented an updated report on the latest
alternative for making storm drainage improvements in the area of Upper
206th Street. Mr. Schneider presented a slide presentation showing the
previous alternatives. which were presented in November, 1980., and a new
alternative identified as Alternative F which would provide for a ditch to
be built through the undeveloped property to the north and northeast of
Upper 206th Street. The estimated cost for Alternative F is $400,000
assuming the City would have to acquire the right-of-way and haul away
the excess dirt. If the right-of-way were dedicated by the property owner. and
any dirt could be spread`on undeveloped property in the area, the cost
could be much less, possibly as low as $200,000, in the engineer's opinion.
Mr. Schneider showed a map of a possible development plan for the undeveloped
property prepared by the City planning consultant to show how the location
of the ditch, could be installed to complement future development. He
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CITY OF LAKEVILLE COUNCIL MEETING
February 17, 1981
stated that if development were eminent, then it might be feasible to
pay some of the storm drainage costs through a tax increment type project
for the taxes that would accrue from the new development. However, there
is no development or developer who has expressed interest in this property
at this time.
The engineer discussed methods of paying for a storm drainage project, one
of which would involve a square foot assessment on property determined to
be benefited by the improvement, and the other would involve the establish-
ment of a drainage district. with a tax levy made by the council on property
within that district.
The City Administrator explained that before the council could proceed ahead
to call a public improvement hearing, one or more alternatives should be
selected. as the ones to be presented at the hearing so that area benefit
is known so that notices can be sent to the property owners for .the public
improvement hearing.
Residents present at the council meeting who live on or near Upper 206th
Street expressed their concern hat something be-done to reduce or elimin-
ate the storm drainage which presently inundates Upper 206th Street at
times.
81.82 Motion was made by Zaun, seconded by Nelson to direct the City staff to
prepare some alternative improvement districts on the Upper 206th Street
storm sewer project and have them ready for the council to consider at
the March 2, 1981 meeting for the purpose of aallna a public improvement
hearing.
Roll call was taken,on the motion. Ayes, Lekson, Zaun, 5ndt & Nelson.
At this time Mr. Paul Oxley presented the annual report for 1980 of_ the
Lakeville Police Reserve... .Mayor Lekson thanked Mr. Oxley-and members
of the Police Reserve for their dedicated volunteer service to the citizens
of Lakeville.
81.83 Motion was made by Nelson, seconded by Sindt to receive the Police Reserve
report for 1980.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson & Lekson.
At this-time the City engineer and City administrator presented the pre-
liminary layout map from the Minnesota Department of Transportation for
the road improvement project at the intersection of 202nd Street and
Holyoke Avenue. The City Council reviewed the City engineer's letter
of February 16, 1981 concerning recommendations on the preliminary plan,
tahich the City would like to have included.
81.84 Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 81-15
approving the preliminary layout for project 319 SP 1914-22.(50-50) with
the changes recommended by the City engineer.-
Roll call was taken on the motion. Ayesp Sndt, Nelson, Lekson & Zaun.
At this time Mr. Byron Watschke addressed the City Council concerning the-
posting of a letter of credit from his bank for the assessments on the
Lake Vi11a Golf_ Estates. He stated that his bank had a policy of not
providing .letter of credits for more than one year, but would issue a
new letter of credit year after year during the life of assessments on the
property. He stated that the bank charges one and one-half percent of
the dollar amount in a letter of credit, and that by having to put the
entire principal and interest amount for the life of the assessments in
the letter-or Being that the letter is issued for several years requires
the payment of one and one-hal£ percent on the entire amount, which is
expensive.
He stated in his opinion that he thought the development agreement he signed
in September, 1980 required him to put up a letter of credit for 200 of
the five year assessments, one year at a time. The City attorney and
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CITY OF LAKEVILLE COUNCIL MEETING
February 17, 1981
City administrator pointed out that the development agreement stated in
their opinion that the letter of credit needs to cover a1.1 of he ,assess-
ments.
bor. Klamm addressed the-City Council and stated that the City Council should
consider whether or not the present City ordinance and policy requiring
financial guarantee on all of the assessments oven the life of them may
not be eliminating the smaller medium size developer from Lakeville who
finds it difficult to comply with such a policy.
Mayor Lekson stated that it was the intent of the City Council to x~rotect
the citizens of Lakeville so that property owners would not have to pay
for any unpaid assessments that are made on a developer's property.
The matter was left to Mr. Watschke and his attorney and the City staff
to see if a atsfactory agreement could be reached concerning the proposed
improvements to Lake Villa Golf Estates and the method of assessments
for them.
81,g5 Motion was made by Nelson, seconded by Sindt to extend the council meeting
beyond the 10:30 adjournment time.
Roll call was taken on the motion.. Ayes, Nelson, Lekson, Zaun & Sindt.
81.86 Motion was made by Lekson, seconded by Zaun to adopt Resolution No. 81-16
stating the City°s .position on a proposed reallocation of fire state aid
fox Fire .Relief Associations.
Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt & Nelson.
81.87 Motion was made by Zaun, seconded by Nelson to authorize a ?purchase order
for the purchase of fire equipment from Minnesota Fire in the amount of
$9,972.12 as the low quote on the equipment.
Roll call was taken on the motion.. Ayes, Zaun, Sindt, Nelson & Lekson.
81.88 Motion was made by Zaun, seconded by Sindt to approve comments on the
Dakota County Comprehensive. Plan as recommended by the Planning Commission
and City consultants and forward them to the county.
Roll call was taken on the motion. Ayes, 5indt, Nelson, Lekson & Zaun.
81.89 Motion was made by Nelson, seconded by Sindt to approve a request to the
Metropolitan Council to extend for 30 days the deadline on the approval of
the Lakeville Comprehensive Plan.
Roza call was taken on the motion. Ayes, Nelson, Lekson, Zaun & Sindt.
81.90 Motion was made by Zaun, seconded by Sindt to approve payment of the claim
subject to the checking of claim No. 040033 to see that it had not been
previously paid.
..Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt & Nelson.
81.91 Motion was made by Zaun, seconded by Nelson to authorize the City attorney
to purchase Lot 3 Block 2 in the Oak Hi11s Addition for a cost up
to $13,900 as a part of the Oak Hills utility and street improvement project.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson &Lekson..
81.92 Motion was made by Zaun, seconded by Nelson to adjourn the council meeting,
Roll call was taken on the motion. Ayes, Si:ndt, Plelson, Lekson & Zaun.
Time: 10:57 p.m.
Respectfully submitted,
Gordon Lekson, Mayor Patrick E. McGar ey, City C1erk_
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