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09-07-82
• CITY OF LAKEVILLE COUNCIL.MEETING September 7, 1982 The meeting was called to order at 7:00 p.m. by Ma~ior Jensen.-The pledge of allegiance to the flag was given. Roll :call was tal~en: Present:: Counclmembers Nelson, Zaun, Enright, `and -Mayor Jensen. A3~sent: Sindt. Also present: Roger_ Knutson, City Attorneyp Keith Nelson, City Engineer;. .Patrick McGarvev, City"Administrator/Clerk. - Staff anr?ou~cer~e~ts . The. City Engineer recommended that he council approve an extension-of two contracts for`city improvement projects. The extensions were recommended on tthe x~roject 82-2 and 82-3 and 81-8. 82,377 Motion w~a~ made..by Zaun, seconded by Nelson to grant an extension in the contract with McNamara/Vivant Contracting Comx~any to October 1, 1982, as requested, and a ~l0 d~v~extension;~in the contract with Alexander Con- struCtiox~ Company, as requested..: Ro11-ca11 was taken on the. motion. Ayes, Nelson, Jensen:, Zaun, Enright. At this :time-Councilmember Sindt arrived and took:.her chair. Citizen comments, There were none.. Consent agenda. Councilman Nelson moved to delete Item 4-c. From the consent agenda and add the Youth Advisory-Board minutes of August 18, 1982 under Item 4-d. 82,378 Motion was made by Zaun, seconded. by Sindt to apbro~re the amended consent agenda. - Roll call was taken on the motion. ..Ayes, Jensen, Zaun, Sndt, Hnright, Nelson. 82:379 Motion was made by Nelson, seconded by Zaun to approve the claims for payment as; presented.. Roll call was taken on the. motion. Ayes., Zaun, S.ndt, Enright, Nelson, Jensen. At this time the City .Council took up consideration of a recxuest from city property owners for an extension of the concrete curb and gutter - on Project. 81-12 along 172nd Street. Discussion was held on a 1,etter of recommendation to extend the curb and gutter from the Cty..Engineer. ...82.380 Motion was made by .Zaun, seconded by Nelson to approve the extension of curb and gutter on 172nd Street as apart of Project 81-12, contingent.. upon the xiroperty owners` ~i.gning the petition waiving their right to a public hearing for the improvement. Ralf call was taken on the motion. Ayes, Enright, Nelson, Jensen, Zaun, Sindt. 82.3ti1 Motion was made by Zaun, seconded by Sindt to receive three letters from property owners requesting curb and gutter be extended to in front. of their property as a...part of Project 81-12 on 172nc1 Street. Roll call was taken on the motion. Ayes, Sndt, Enright, Nelson.., Jensen, Zaun. At this. time Mr. John Pope with Pope.. Associates Architects.,presented the site plan for the proposed convenience grocery store/gas station facility at the northeast corner. of Dodd Road and Highway 50. Nir. James and Pat Bresnahan and Mr. Leo'Gray were also present as the developers. The City Council discussed the recommendations from the staff_.and Planning Commission, especially .the. concern expressed for the driveway onto Highway 50 and the location and need for future .access"onto Highway 50 from this. ,80 acre parcel. After discussion, Mayor Jensen recommended that the access onto Highway 50 from this parcel be limited to: right turns into the property frog Highway 50 and right .turns from the property onto Highway S0, with no left turns allowed. He'also pointed out that the Minnesota -1- • • CITY OF LAKEVILLE COUNCIL MEETING September 7, 1982 Department of Transportation would possibly require a longer turn lane... for traffic moving west and turning right into the facility. 82,382 Motion was made by Zaun, seconded by Sindt to grant a conditional use permit for the installation of the fuel facilities and approval of_ the convenience store and the condition that only the right turn be-permitted into and from the property onto Trunk Highway 50, contingent upon approval of the Minnesota Lepartment of Transportation and on Dakota County for the acoess onto Dodd Road, and the other conditions recommended by the' planning consultant andstaff... Roll call was taken on the motion. Ayes, Enright, Nelson,. Jensen; Zaun, Sindt. At this time the City Administrator presented the. appraisal done by Thomas Metzen concerning the value of the parcels ,of land along County Road 44. Mr. Walter Sternberg also presented an appraisal he had received from a realtor on the subject property. .82.383 Matian was made by Zaun, seconded by Nelson to receive the'two appraisals. Roll call was. taken on ahe motion. Ayes, Nelson, Jensen, Zaunj Sindt, Enright. At this. time Mayor Jensen called upon the city administrator to present , his recommendation concerning how. the project might be financed between the City and property gwners. The city administrator recommended that theproperty owners pay 25o down on the estimated cost, because the assessments appear to be high in relation to the value of the property and higher than the average costs of improved lots in the Orchard Lake area of the city in 1982 costs. He also recommended that the property owners. be required to sign an agreement agreeing to-these terms and not to sue the City for the assessments that would result from the improvements. Mr. Morris, Mr. Sternberg, Mr. O'Brien and Mr, Schoenik~ were all present at the meeting.. Mayor Jensen asked .the. property owners if they wished to have more time to consider the proposal being made, and they indicated they would.. 82.384 Motion was made by Zaun, seconded by Nelson to gontinue the public heating to the September 20, 1982 council meeting. Roll call was taken on the motion. Ayes., Jensen, Zaun, Sindt, Enright, Nelson. At this time the City Council took up consideration'of a proposedutlity and street improvement project to Jamaica Avenue from Oak. Shore Drive to 162nd Street. The city clerk attested to the legal notice. The'City Engineer, Mr. Keith Nelson, presented a slide rpresentation showing the location of the project and the estimated costs if the project were .constructed only to 161st.Street or to 162nd Street. It was pointed out that the lower unit costs for all ,the property owners involved would result by extending the project to 162nd Street because of some additional units that .are anticipated because of the duplex or multiple development of 'the residential prt~perty at the northeast corner of Jamaica A~renue and 162nd Street. Mr, Luthey stated that he is opt?osed to the proposed one-half'un:it street assessment on his property at the corner of Jamaica Avenue and Oak Shore Drive., The city administrator explained that the project would be assessed over a 20 year period: with the estimated interest rate at 12~, and the first year's interest payment would include a 15 month period of time. $2,3.85 Motion was made by Enright, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson, Jensen. -2- • CITY OF LAKEVILLE COtJNCIT, MEEZ'1NG September 7, 1982 82.386. Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 82-68 ordering improvement x~roject 82-7, utility and strut improvements on Jamaica Avenue from Oak Shore Drive to 162nd Street and authorizing the engineer to prepare plans and specifications. Roll. call. was taken on the. motion. Ayes, Sindt, Enright, Nelson, Jensen, Zaun. 82.387 Motion was made by Sindt, seconded by Zaun to receive and ax~prove and authorize the mayor and clerk to execute the joint't~owers agreement with' Credit River Township for the possible improvement of Judicial Road from Minnr~g Road to bounty Road 64 and forward it to the Credit River Town- ship.. board gfficials. Ro11 call was taken tin-the motion. Ayes, Enright, Nelson, :Jensen,. Zaun, Sindt. 82.388 Motion was made by Zaun, seconded by Nelson to receive the bids and authorize award of the contract to Aero Asphalt in the .mount of $35,992'•QO, Project 82-5. Ralf call was taken on the motion. Ayes,, Nelson, Jensen, Zaun, Sindt, Enright. 82.389 Motion was made by Nelson, seconded by Sindt ~o receive the bids and award -the contract to fro Asphalt in the amount of $31,550.00 on project 82-4. Roll cola was taken on the motion. Ayes, Jensen, Zaun, Sindt, Enright,. Nelson. 82.390 Motion was made by Sindt, seconded. by Zaun. to approve the_agreement with Metro Cable, Inc. concerning the security deposit subject to a change of warding requiring that the fund be brought back up to $50,000 security if .drawn .upon by the City. Roll call was taken on the motion.: Ayes, Zaun, Sindt, Enright, Nelson, Jensen. 82.391 Motion was made by Zaun, seconded by Sindt to recetre the citizen report nn the need for a new police station in Lakeville and place it on the September 20, 1982 council agenda for further discussion. Roll call ,was taken.. on the motion. Ayes, Sindt, Enright, Nelson, Jensen, Zaun. Mayor Jensen advised the. council and staff that he had received a ca11 from the Wren's requesting to be on the council agenda to present their, proposal for use of their building and property in downtown I;akeville for a police station facility. At this time Councilmember Sindt had to leave the meeting, as she was feeling i11. 82.392 Motion was made by Zaun, seconded by Nelson to table further consideration of adopting an,ordinance regulating and licensing mechanical amusement devices until the September 20, 1982 council meeting to allow more public awareness of the. proposed ordinance. R:al.lcall was tak~n.on the motion. Ayes, Enright, Nelson, Jensen, Zaun.:.. 82.393 Motion was made by Zaun, seconded by Nelson. to approve a bingo license for Meadowlark. Gala, Inc, and approve the waiving of the bond. Roll call was taken on the motion. Ayes, Nelson, Jensen, Znun, Enright, 82.394 Motion was-made by_Enright, seconded by Zaun to appoint Mr. Larry Olmsted. to a vacancy for a term on the Park and Recreation Advisory Committee. Roll-call was taken on the motion. .Ayes, Jensen, Zaun, Enright, Nelson. 82.395 Motion was-made by Nelson, seconded by Enright to receive the proposed 1983 general fund'and utility fund budgets and set the first work session on the budgets fox September 15, 1982, at 6:00 p.m. Roll ca11 was taken on the motion. Ayes, Zaun, Enright, Nelson, Jensen. -3- . ! • - ~ CITY OE ZAKEV~LLE COUNCIL MEETING September 7, 19$2 82..396 Motion was made by Zaun, seconded by Nelson to authorize Consulting Engineers Diversified to do a feasibility report on extending 185th Street from Trunk Highway 50 ~a the Minnreg Road/I-35 intersection for a cost' not to exceed $1,000.. Roll call was taken. on the motion. Ayes, Enright, Nelson, Jensen, Zaun. 82.397 Motion was made by Jensen, seconded by Zaun to direct the City: administrator to contact the Dakota County engineer Concerning the improvement of Cedar Avenue from Highway 50 south to the city limits. Roll call was taken on the motion. Ayes,. Nelson, Jensen, Zaun, Enright. .82.398 Motion was made by Nelson, .seconded by Enright to receive the management. letter from George M. Hansen Company concerning the. 1981 audit of the ctyfinancial statements. Ro11 ca1:1 was taken on therm©ton. Ayes, Jensen, Zaun, Enright, Nelson. 82.399 Motion was. made by Zaun, seconded by Nelson to receive reports from the Lakeville Eire Relief Association concerr?ing their retirement benefit fund and requests for 1983 benefits. Ro11 ca11 was taken on the motion. Ayes, Zaun, Enright, Nelson, Jensen. Mayor Jensen adjourned the meeting at 9:55 p.m. Respectfully. submitted, Patrick E. Mc Garvey, City C k Robert Je en, Mayor -4- • ~ ~ •J _ CITY OF LAKEVILLE AGENDA COUNCIL MEETING _Tuesday September 7, 1982 7:00 P.M. Call to order. Flag Pledge. 1. Ro11 call. 2. Staff announcements: A, Attorney B. Engineer C. Administrator 3, Citizen Comments. 4. Consent Agenda. a. Approval of the minutes of the August 16, 1982 regular council meeting, b. Approval of the minutes of the August 30, 1982 special council meeting. c. Approval of the claims for payment. d, Receive the minutes of the following. advisory committee meetings. Planning Commission, August l9 and September 2, 1982 Cable T,V. Board, August 25, 1982 Park and Recreation Committee, September 1, 1982 e. Adopt resolution waiving subdivision regulations on a portion of the former Milwaukee right-of-way in exchange for dedication of another portion of right-of-way within Jacquard Avenue to the City of Lakeville. (,82-61) f, Adopt resolution setting the assessment hearing on project 81-12, Kodiak Avenue utility and streets, for. 7:00 p,m, on September 30, 1982. (82--62), g. .Adopt resolution setting the assessment hearing on project 81-3, Ipava Avenue street project from 176th Street north, for 7:30 p,m. on September 30, 1982. (82-63) h, Adopt resolution setting the assessment hearing on project 82-2, Jacquard Avenue street improvement, for 8:00 p,m, on September 30, 1982. (82-64) i. Adopt resolution setting the assessment hearing on project 81-8, 185th Street from highway 50 to Jamaica Path, for 8:15 p.m, on September 30, 1982. (82.-0i) j, Adopt resolution setting the assessment hearing on project 82-2 Hu11 Avenue street improvement, for 8:30 p,m, on September 30, 1982. (82~-6 G) k, Acceptance of the bituminous paving of the street in the Knolls Valley addition. 1. Adopt resolution setting the`as essment hearing on the installation of decorative street lights in t1e..Oak Hills additions for 8:45 p,m. on September 30, 1982. (82-67) r ~ - ~ • i CITY COUNCIZ AGENDA (Cont. September 7, 1982. 5. Application of Kraus-Anderson Construction Co, for a conditional use permit for underground fuel, storage .facilities and a convenience grocery store at the northeast corner of Highway 50 and Dodd Road. 5. Continued public hearing on the extension of sanitary sewer and water service stubs along County Road 44 a distance of approximately 1300 feet-east of 158th Street. a, Questions and comments. b. Motion: to close or continue the public hearing. c. Motion to order or deny the project. 7. Receive three letters, from property owners on 172nd Street requesting concrete curb and gutter to be extended thru their property as a 'part of project 81-12. a. Approve or deny the change order for the additional curb and gutter, 8. Public hearing on improvement project 82-7, .sanitary. sewer, water- main and street improvements on Jamaica Avenue from Oak Shore :.Drive to .162nd Street west. a. Attest to legal notice. b. City engineer to present the project and costs. c. Questions and comments. d. :Motion to close or continue the public hearing. e. Motion to order ar deny the project.. 9. Receive reportfrom..staff. on''the petition to pave Judicial Road from Minnreg Road to ~ounty.Road 64. 10. Receive bidsand recommendations from the City engineer on the street improvement project-in the Acorn Heights addition. a. Award of the construction contract. 11. .Receive bids and recommendations from the City engineer on project 82-5, Jacquard Avenue street. improvement over to County ~2oad 64. a. Award of the construction contract. 12. Approval of an agreement between the City of bakeville and Metro Cable, Inc. regarding the security deposit for the faithful performance by Metro Cable, Inc. of the terms of the franchise agreement. 13. Receive the report from the Citizens Task Force Committee on the policebuildng. 14. Consideration of an ordinance regulating and licensing mechanical amusement devices. a. Adoption of theordinance. 15. .Approval of a bingo license for Meadowlark Gala, Inc. 15. Appointment to a vacancy on the Park and. Recreation Committee.. 17. .Receive the proposed 1983 General Fund Budget and Utility Fund report.: 18.- Authorize an engineering feasibility report on extending 185th Street from. Highway 50 west to Minnreg Road and I-35 intersection. 19. .Receive the management letter from George M. Hansen-Company on the 1981 City audit. 20. Review the .Lakeville Fire Department Relief Association report £or 1982-83. 21. Any other business. 22. Adjourn.