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HomeMy WebLinkAbout11-05-84 ' • • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 1984 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present:. Council members Nelson, Sindt, Enright, Harvey, and Mayor Zaun. Also present: Roger Knutson, City Attorney; Keith Nelson, City Engineer; James Robinette, Community Development Director; .Patrick McGarvey, City Administrator/Clerk. There were no staff announcements. Citizen Comments: Mr. Paul Hammer addressed the city council concern- ing the abuse of three wheel motor. bikes due to property owners' property. Mayor Zaun indicated that an article would be placed in the next newsletter in an attempt to get more .cooperation .from. people who use these vehicles. Councilman Harvey removed Item 4(a) from the consent agenda. 84.577 Motion .was made by Enright, seconded by Nelson to approve the consent agenda items 4(b) through 4(g). Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.578 Motion was made by Harvey, seconded by Sindt to approve the October 15th council minutes with two corrections in motions 84.515 and 84.523. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time Mr. Scott Young from the city engineering consultant firm reviewed the report prepared by C.E.D for the Lake Marion outlet control project. Mr. Young indicated that the city would need an easement 60 feet wide from Dodd Road over to County Road 64. There would be a 20 foot wide channel centered in the 60 foot wide easement. He also indicated that the city would be requesting the Minnesota Department of Natural Resources to approve a permanent high water level outlet control at 982.1 MSL. The city administrator explained the .report from Keith Nelson dated October 31, 1984, concerning .the financing alternatives and recommenda- tion for this project. It was recommended that the council not do any special assessing or creation of a special taxing district for this project at this time due to the future needs in the drainage district as the community develops and grows that will necessitate either special assessing or taxing for those storm drainage improvements which will be considerably larger than the current project. • ~ • CITY OF LAKEVILLE COUNCIL MEETING November 5, 1984 At this time the mayor opened the meeting to questions and comments from the audience. Mr, Robert Hammer asked how much good the improve- ment would do if the lake drops only one foot in elevation. He also asked for a cost breakdown of the estimated project cost and the process for arriving at the cost of an easement. Mr. Nelson explained that the. level of the lake would have to drop more than afoot to get where it's at to the 982.1 elevation, and he also gave Mr. Hammer the cost breakdown from his preliminary report. Mr. Nelson then gave an outline of how the city would negotiate for an easement for the drainage ditch or settle the matter through condemna- tion if necessary. Pete Smith asked about the schedule the project would proceed on. Mr. Nelson explained that the project could move ahead yet this fall toward construction of part of the drainage ditch to allow the lake to .flow out during the course of the winter if construction could start before the lake freezes up. Otherwise the project would need to be started next spring. The late fall construction schedule could only be accomplished if the property owners would agree to allow the city onto their property through a waiver of trespass or early settlement of acquiring the easements. Mr. Weber asked if there was any connection between this project and the 206th Street storm sewer project, and the engineer indicated that there was none. Mr. Gordon Lane asked if the outlet of the lake could be established at a figure lower than 982.1 MSL. Mr. Nelson indicated .that the ordinary high water mark for the lake, as determined by the Minnesota DNR, has been set at 983.1 and that they had previously approved a permit, subject to submittal of engineering plans and specifications, for an outlet at 982.1, which is one foot below .the ordinary .high water mark on Lake Marion. Mr. McBreen stated that in his opinion the city should begin negotia- tions now with the property owners for the necessary easements. Mr. Terry Lind asked if there is any relationship between the lake level and ground water level. Mr. Nelson indicated that there may be. Mr. Joe Niedermayr asked about the effects on the lake level if rainfall and inflow is faster than the outlet, the cost per parcel for the project, why the engineer is proposing such a wide easement for the drainage channel and the possibilities of damage downstream from the outflow. Mr. Nelson indicated .that inflow into the lake could come at a rate faster than the outlet under ..extreme storm conditions; that the city does have a cost per parcel for assessing it, but it is very low per square foot due to the low cost of this project in comparison to the drainage district involved; that the easement needed to be 60 feet wide with a 20 foot wide channel bottom to reduce the velocity of the water 2 • • CITY OF LAKEVILLE COUNCIL MEETING November 5, 1984 flowing through the channel.; and that with the control mechanism in place as proposed, the damage downstream from the outflow from the lake would be eliminated through the control structure. Mr. Paul Hammer asked. if there was a chance that the .downstream storm sewer pipes in the south end of downtown Lakeville would freeze. Mr. Nelson indicated that they ordinarily do not, and in the event that they do, the city has steaming equipment to keep them open on the few occasions when they freeze up near inlets. At this time Mayor Zaun asked the members of the council for comments concerning the project. Councilmember Sindt indicated that she was in favor of the project. Councilman Harvey indicated that he was in favor of the project and in going ahead by authorizing plans and specifications. Councilmember Enright stated that she was in favor of the. project and that the City Council should proceed to call the public hearing on it. Councilman Nelson indicated that he was in favor of the project, and Mayor Zaun indicated that he was also in favor of it and was concerned over the adverse effects the high water was having on street conditions in and around the lake. Mr. Robert Sayers raised his concern about the effects of the project on the downstream property owners in Lakeville and Farmington. 84.579 Motion was made by Harvey, seconded by Enright to receive the October 31, 1984, report from Consulting Engineers Diversified and accept the recommendation contained in it, including and authorizing the city attorney to begin negotiations with the property owners for easements and authorizing condemnation to be commenced in the event negotiations are unsuccessful, calling a public hearing on the proposed project for a special council meeting on November 26, 1984, at 7:00 p.m. at the JFK Elementary School commons room, and also authorizing Consulting Engineers Diversified to prepare plans and specifications for the project. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.580 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 84-152 receiving the feasibility report from C.E.D. for improving Judicial Road north. from 185th Street to Brackett's Crossing and authorizing it to be forwarded to officials in Scott .County and Credit River Township. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.581 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 84-153 receiving the .preliminary report for extending sanitary sewer north on Holyoke Avenue and .easterly on 195th Street and calling a public hearing for December 3, 1984, council meeting. 3 • • CITY OF LAKEVILLE COUNCIL MEETING November 5, 1984 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time the city administrator gave the city council a report on negotiations for a new ambulance service agreement between the cities of Apple Valley, Farmington and Lakeville with Devine Redeemer Hospital and a mutual aid agreement between .the hospital and the city of Burnsville. It was indicated that the city of Burnsville would be entering into a mutual aid. agreement with the hospital and that it was also expected that the three cities would be entering into an agreement with the hospital for the service by one ambulance unit for the rest of 1984 through 1985. It was also pointed out that the cities had the service of two units during the month of October but would need to settle up on the subsidy cost for the two units as a part of the new agreement for the month of October. At this time Mayor Zaun opened the public hearing on the reassessment of sanitary sewer service for the Orchard Trail, 188th Street, Joplin Avenue extension and the .185th Street West improvement project 79-2. The city .clerk attested to the legal notice. .There was no one present concerned or wishing to speak on the project. 84.582 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the`~tnotion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.583 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 84-154 adopting the. assessment roll for .the reassessment of project 79-2. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.584 Motion was made by Harvey, seconded by Enright to approve an on and off sale beer license and cigarette license for Wayne Heath to operate the Old Station Pizza Restaurant. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.585 Motion was made by Sindt, seconded by Nelson to receive and approve the report from the city engineer on the storm sewer and. park credits .for the Foxborough 2nd Addition with Northland Mortgage Company. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.586 Motion was made by Enright, seconded by Sindt to approve the request of SuperAmerica, Inc. to leave their propane tank in place on the 175th Street side of their building until the 1985 Trunk Highway 50 con- struction project is underway, as requested. 4 CITY OF LAKEVILLE COUNCIL MEETING November 5, 1984 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time., the City Council took up certification of delinquent utility bills for the first sector of the city in the two .scheduled billing system. 84.587 Motion was made by Nelson, seconded by Harvey to adopt Resolution No. 84-155 certifying the delinquent accounts to the County Auditor. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey.. 84.588 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 84-156 changing the name of Minnreg Road to 185th Street from I-35 to the west city boundary. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.589 Motion was made by Harvey, seconded by Nelson to authorize Consulting Engineers Diversified to prepare a feasibility report on improving Flagstaff Avenue from Dodd Boulevard south to the Dodd Ridge plat, for a cost not to exceed $500, by adopting Resolution. No. 84-157. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time the city administrator presented a letter of request from Queen Ann Mobile Home Park owners requesting a feasibility report for extending Kenyon Avenue from the south edge of the existing mobile home park across the. Soo Line Railroad tracks to connect to 172nd Street, and to extend city water utilities to serve the park. 84.590 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 84-158 authorizing Consulting Engineers Diversified to prepare a feasibility report on extending. Kenyon Avenue from the west side of the Soo Line Railroad tracks over to 172nd Street on the east side and include in the report cost estimates for extending any necessary water or sanitary sewer service in that area, for a cost not to exceed $2,000. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.591 Motion was made by Nelson, seconded by Harvey to adopt Resolution No. 84-159 approving the 1985 utility fund budget with a correction to reflect the minimum quarterly water bill. to be $8.50 and the cost per 1,000 gallons of .water to be set at $.70 after .the first 10,000 gallons. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 5 CITY OF LAKEVILLE COUNCIL MEETING November 5, 1984 84.592 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 84-160 setting the water and .sanitary sewer user rates effective with the first quarter of usage in 1985. Roll call was taken on the motion. Ayes, Nelson, Zaun., Sindt, Enright, Harvey. 84.593 Motion was made by Sindt, seconded by Harvey to table .until the quotes are received for-installing lights on the I-35/County Road 70 water tower. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.594 Motion was made by Enright, seconded by Sindt to approve the final payment in the amount of $7,933.34 and accept the. improvements in project 83-7, 175th Street & Ipava utilities. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.595 Motion was made by Enright, seconded by Sindt to approve an addendum to the. development agreement with Duane Dietrich for the Rolling Oaks South development for the purpose of grading and authorize the mayor and clerk to execute it subject to the posting of the required finan- cial security. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.596 Motion was made by Nelson, seconded by Sindt to withdraw the offer to enter into a contract with. Crossings, Inc. for a storm ponding drainage improvement and approve the contract with Fredrickson Excavating in the amount of $11,324 for the same project. Roll call was taken on the motion. Ayes, Harvey., Nelson, Zaun, Sindt, Enright. 84.597 Motion was made by Sindt, seconded by Enright to accept the resignation of Judy Chaffee-Heald from the .Planning Commission. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.598 Motion was made by Sindt, seconded by Nelson to appoint Mr. Steve Cammack to the Planning .Commission for a term expiring on January 1, 1987. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.599 Motion was made by Sindt, seconded by Nelson to approve the special assessment agreement with Mr. & Mrs Jerome Perry and authorize the mayor and clerk to execute it. 6 CITY OF LAKEVILLE COUNCIL MEETING November 5, 1984 Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey,. Nelson, Zaun. 84.600 Motion was made by Nelson, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. Time: 9:36 p.m. Respectfully submitted, Patrick E. McGarvey, ity C1 Duane Zaun, Ma o 7 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING NOVEMBER 5, 1984 7:00 P.M. Call to order. Flag pledge, 1. Roll call. 2. Staff announcements A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of .the October 15, 1984, council meeting. b. Approval of the minutes of the October 29, 1984, special council meeting. c. Approval of the claims for payment. d. Receive the mnu es of the following. advisory committee meetings. Planning .Commission, October 18, 1984 Park & Recreation Committee, October 17, 1984 Natural Resources Committee,, October 16, 1984 e. Approval of a cooperation agreement with the Dakota County H.R.A. on low rent housing. f. Resolution in cooperation with the State for. snow removal on Trunk Highway 50. g. Approval of assessment abatements as recommended by the County Assessor. 5. Receive from staff the report for financing the Lake Marion outlet control project and recommended schedule and process .for the project. 6. Receive the feasibility report on the paving of Judicial Road from Minnreg Road north. to Brackett's Crossing. 7. Receive the feasibility report on extending sanitary sewer service to 195th Street on the east side of Holyoke Avenue and call a public hearing. 8. Report on agreements for ambulance service from Devine Redeemer Hospital and mutual aid.from the City of .Burnsville. 9. Public hearing on the reassessment of sanitary sewer services and appurtenant work for Orchard_Trail (.188th Street),_Joplin Avenue extension and 185th_Street West, Improvement Project 79-2. a. Attest to .the legal notice. b. Presentation of .the project costs and assessments. c. Questions and comments. d. Motion to chose -..the public hearing. e. Resolution adopting the assessment roll. 10. Application of Wayne Heath for anon and off-.sale non-intoxicating malt liquor license and a cigarette license for the Old St.ation.Pizza Restaurant. 11. Approval of the report from the City Engineer on storm sewer and park credits on Foxborough 2nd Addition. 12. Request from SuperAmerca to leave their propane tank in place until the start of the 1:985 highway construction project. _13. Certification of .delinquent. utility bills to the county auditor. 14. Approval to-change the name of Minnreg Road from I-35 to Judicial Road to ..185th Street. 15. Authorization to C.E.D. to prepare a feasibility report on improving Flagstaff Avenue from Dodd Boulevard south to the Dodd Ridge plat. 16. Authorization for C.E.D. to prepare a feasibility study on extending Kenyon Avenue from_the west ide_of_the Soo Line .Railroad tracks over to 172nd Street near the corner of 172nd Street and County Road 5, includ- ing water and sanitary sewer. 17. Resolution approving the 1985 Utility Fund Budget. 18. Resolution setting the water and san tart';sewer rates effective with the first quarter usage in 1985. 19. Approval of a purchase order on the installation of lights on the County Road 70 water tower. 20. Approve final payment and acceptance of utilities on 175th and Ipava, Improvement Project 83-7. 21. Approval of grading permit from Duane Dietrich for Rolling Oaks South development. 22. Cancel construction contract with Crossings, Inc. and award contract to the next lowest bidder, Fredrickson Excavating, on Dako a Heights storm sewer project 84-15. 2 ~ i ~ 23. Appointment to Planning Commission. 24. Any other business. 25. Adjourn. 3