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HomeMy WebLinkAbout05-07-84 t~ ~ ~ i • ~ _k CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 The meeting was called to order by Mayor Zaun at 7:00 p.m. 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: Keith Nelson and Darrell Schneider, Consulting City Engineers; Roger Knutson, City Attorney; Richard Radermacher, Chief of Police; Greg Grose, Assistant Chief of Police; James Robinette, Community Development Director.;. Steve Michaud, Park & Recreation Director; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The city administrator advised the council of items to be taken up under Other Business on the agenda. Citizen comments: There were none. 84.208 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items, including an amendment to motion No. 84.205 of the council minutes by adding the words, "non-intoxicating". Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time Mayor Zaun took up consideration of an ordinance amending Title 5, Chapter 2, of the Lakeville City Code pertaining to shooting and carrying of firearms in the city. The mayor read the major provisions of the ordinance for the audience. Richard Rader- coacher read a resume of how the matter came up before the city and gave a background history of the work of the citizen committee in drafting the proposed ordinance. Mr. Darrel Gonyea, Chairman of the committee, explained how the committee handled its task. At this time several citizens asked questions concerning the meaning of certain provisions of the ordinance and clarifications. Mr. Ross Opsahl, Conservation Officer for the Minnesota Department of Natural Resources, read to the. audience the current state hunting regulation provisions and the use of private property by hunters. Mr. Zane Henry stated that his property has been hit by shots, mainly from people using the railroad right-of-way to gain access, and he indicated he was in support of the ordinance. Mr. Robert Sayers, from'Farmington, indicated concern over Lakeville implementing these hunting requirements and the impact it may have on Farmington. ~ • • CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 Several local hunters expressed concern and asked questions as to how the ordinance may effect their activity, which were answered by the chief of police .and mayor. At this time each council member stated that they felt the ordinance was a reasonable and necessary ordinance to protect the public safety of the citizens of Lakeville in a growing community, and yet allow certain types of hunting activity to continue in some areas of the. city. 84.209 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 244 with the words, "or dismantled", in section 5-2-1-3, paragraph A deleted from the. ordinance. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time the city council took up consideration of the Lake Marion high water level and associated problems with it. The city administrator and park & recreation director recommended the council, at this time, officially close .Antlers Park beach for any public swimming, due to the high water and inundation of the beach area making it in unsafe condition. It was recommended the beach be closed until the water recedes to approximately 983.1 level. 84.210 Motion was made by Harvey, seconded by Sindt to close the Antlers Park beach until such time that the .lake level recedes to approxi- mately 983.1, at which time the city council will consider reopening the beach for public use. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. The city administrator recommended that the council institute a moratorium on the issuance of permits for skiing or slalom courses on the lake and indicated that it may be necessary to also institute in the future a "no .wake" designation on the entire lake if the water level continues as is or increases. Mr. Robinette stated that there will be a joint meeting of the Park & Recreation and Natural Re- sources Committees on May 15, 1984, at the city council chamber at 7:00 p.m. to consider some of the problems associated with Lake Marion due to the water condition. The citizens present spoke in favor of the moratorium, and Mr. Gordon Lane stated he did .not feel the moratorium was necessary for slalom skiing. 2 ~ • s ~ CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 84.211 Motion was made by Sindt, seconded by Enright to place a moratorium on Lake Marion for issuance of any permits for boat racing, skiing events and slalom courses until the lake recedes to approximately 983.1 in elevation, at which time the council will reconsider continuation of the moratorium. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time Mr. Rick Ringeisen advised the council of the conditions the boat launch area was causing to adversely impact his property, and his neighbors', near the Antlers Park boat launch and asked the council to close it until the water recedes. 84.212 After discussion, a motion was made by Enright, seconded by Harvey to officially close the boat launch public access at Antlers Park due to the necessity to maintain the public safety in the area. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 84.213 Motion was made by Enright, seconded by Sindt to direct the Park & Recreation and Natural Resources Committees to study the need for, and possibility of, instituting a "no wake" zone on Lake Marion during the high water conditions and report back to the city council. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time the staff advised the council of the current status of the water flowing from the 30 inch culvert under County Road 64 and the nearby driveway across the farm fields toward Dodd Road and into the 15-inch culverts near the Lakeville police station. Due to the fact that the water is flowing almost to full capacity in the 15-inch culverts, the staff advised the council that it may not be necessary, for now, to take action to acquire easements for channel construction in that area. Mr. Keith Nelson showed slides indicating the Lake Marion drainage area, the drainage route from Lake Marion to the city of Farmington, a slide showing the design of a sluice gate, which is recommended for installation on the 30-inch culvert at Lake Marion, and a slide showing the contours of the ground from Lake Marion to the downtown area of Lakeville. The city staff recommended the council authorize an application to be filed with the DNR to acquire a permit to install a weir at 982.1 elevation on Lake Marion and to authorize the installation of a sluice gate. 3 ~ • ~ • S. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 84.214 Motion was made by Sindt, seconded by Nelson to authorize the staff to apply to the Minnesota Department of Natural Resources for a permit to install a weir at 982.1 elevation and advise the DNR that the city would be installing a sluice gate to control the out flow. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. The city staff also recommended the council authorize Consulting Engineers Diversified to prepare a preliminary engineering report on the alternatives and associated costs for providing a controlled outlet for Lake Marion for a cost not to exceed $3,500. 84.215 Motion was made by Enright, seconded by Harvey to authorize Consult- ing Engineers Diversified to prepare a preliminary engineering report for the Lake Marion outlet for a cost not to exceed $3,500. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.216 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 84-54 setting a public hearing for the June 4, 1984, council meeting on the issuance of $2.5 million of industrial revenue bonds for RJTP Company. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.217 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 84-58 calling a public hearing for the June 4, 1984, council meeting for the issuance of $500,000 of industrial revenue bonds for Star Tex Corporation.. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time Mayor Zaun reopened the public hearing on the proposed extension of 185th Street from Trunk Highway 50 to I-35 and Minnreg Road. Mr. Byron Watschke was present and indicated that he is the largest private property owner to be assessed for part of the improvements, and that he would prefer that the project not be instituted until at least 1985 so that the first year assessment would not be paid until 1986. He indicated that he felt part of his property would begin to develop in 1985. Mr. Ron Ecklund stated that he hoped the project would proceed ahead at this time. The city administrator stated that the problem the city faced was that the four property owners involved would need to dedicate their portions of the right-of-way to the city to help move the project ahead and be ready to pay their assessments. 4 ~ • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 The administrator indicated that the way for the property owners to help the project move ahead in the near future would be for all of them to agree to dedicate the 100 foot wide right-of-way to the city this year so that the project would be able to move ahead quickly in the future. 84.218 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.219 Motion was made by Sindt, seconded by Nelson to deny the ordering of the proposed extension of 185th Street from Trunk Highway 50 to I-35 and Minnreg Road. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.220 Motion was made by Harvey, seconded by Nelson to authorize the city attorney and city engineer to prepare documents necessary for the city to acquire, by dedication, a 100 foot wide right-of-way for the future extension of 185th Street from T.H. 50 to I-35 and Minnreg Road. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. Three of the four property owners were present and indicated their willingness to dedicate the necessary right-of-way. 84.221 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 84-59 approving the final plat of Weishaar Addition and authorize the mayor and clerk to execute the development agreement. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time Mr. Steve Grohoski and Mr. Jack Lynch, from Westward Engineering, presented the preliminary plat of Ridgeview Addition. 84.222 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, Harvey, Nelson, Zaun, sindt, Enright. 84.223 Motion was made by Enright, seconded by Nelson to approve the preliminary plat of Ridgeview Addition, including a variance for a cul-de-sac for length, and in accordance with the recommendations of the Planning Commission and staff regarding the plat. 5 ~ ~ • • . 4' CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.224 Motion was made by Nelson, seconded by Harvey to authorize Consulting Engineers Diversified to prepare a preliminary engineering report for the phase one Ridgeview Addition improvements. Roll call was taken on the motion. Ayes, Zaun, Sindt. Enright, Harvey, Nelson. 84.225 Motion was made by Enright., seconded by Sindt to approve a special home occupation permit to Nancy Brenna at 16940 Florian Avenue as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.226 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 84-60 calling a public hearing on storm drainage improvements for the west side of Jacquard Avenue from 210th Street to north of 208th Street for the June 4, 1984, council meeting. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.227 Motion was made by Sindt, seconded by Enright to approve the amend- - went of the Brackett's Crossing liquor license to include authoriza- tion to sell liquor at structures located near the sixth and four- teenth tees. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 84.228 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 84-61 awarding the contract. to Richard Knutson, Inc. for projects 83-9, 83-14 and 84-6 in the amount of $1,009,026.00. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.229 Motion was made by Enright, seconded by Nelson to receive the bids on project 83-7 and table award of the contract until the city receives approval from the Minnesota Department of Transportation to award the contract. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 6 • • , CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 84.230 Motion was made by Harvey, seconded by Enright to approve the joint powers agreement for the Black Dog watershed management organization and authorize tKe mayor and clerk to execute the agreement. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.231 Motion was made by Sindt, seconded by Enright to approve a joint powers agreement for the Vermillion watershed management organization and authorize the mayor and clerk to execute the agreement. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.232 Motion was made by Sindt, seconded by Harvey to table indefinitely consideration of approving the Credit River watershed management joint powers agreement until it is completed. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 84.233 Motion. was made by Harvey, seconded by Enright to approve a dance license for the Lakeville. Jaycees for a street dance on Saturday, July 7, 1984, and authorize the closing of 208th Street from Holt Avenue to Holyoke Avenue for the event. Roll call was taken on the motion. Ayes., Nelson, Zaun, Sindt, Enright, Harvey. 84.234 Motion was made by Harvey, seconded by Nelson to approve a temporary non-intoxicating malt liquor license for the Lakeville Jaycees for the street dance, subject to crowd control requirements as determined by the Lakeville police department for the event. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.235 Motion was made by Nelson, seconded by Enright to approve a temporary non-intoxicating malt liquor .license for the Lakeville Optimist Club for events to be held on July 6th through July 8th. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.236 Motion was made by Sindt, seconded by Harvey to table consideration of the Lakeville Softball Association non-intoxicating malt liquor license until it is complete. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 7 • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 84.237 Motion was made by Enright, seconded by Harvey to receive a resolu- tion and petition from the City of Farmington concerning reduction of the speed limit on County Road 31 and refer it to staff for a recommendation. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 84.238 Motion was made by Sindt, seconded by Enright to approve the closing of wells number one and five and .authorize a purchase order to Keys Well Drilling for the work. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time the city council took up consideration of an agreement with John R. DuBois for professional services for design and instal- lation of the radio communication systems. It was pointed out by staff that there may be reductions and modifications in the suggested system in Mr. DuBois' report,. and the specifications will be prepared in accordance with council direction concerning the scope of improve- ments the council wishes. 84.239 Motion was made by Enright, seconded by Nelson to approve and authorize the mayor and clerk to execute an agreement with Mr. DuBois for the radio system improvements as determined by .the city council. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson.. 84.240 Motion was made by Sindt, seconded by Enright to approve a raffle license to the Lakeville Band Boosters and waive the bond. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.241 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 84-62 approving the final plans and contract special provisions for the improvement of Trunk Highway 50 at the intersection of County Roads 64 and 15 (Holyoke Avenue and 202nd. Street). Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.242 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 84-63 authorizing the filing of a grant application for the position in the Lakeville police department. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 8 • ~ ~ • , CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1984 84.243 Motion was made by Enright, seconded by Nelson to approve the payment of a bill to Pat Rooney in the amount of $261.25. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.244 Motion was made by Nelson, seconded by Enright to authorize C.E.D. to prepare a preliminary engineering report for improvements in the Malmanger plat. Roll call was taken on the motion.. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.245 Motion was made by Harvey, seconded by Enright to refer to the liquor store committee the possibility and need for screening near the liquor store in downtown Lakeville. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.246 Motion was made by Harvey, seconded by Enright to adjourn the council meeting. Roll call' was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. Time: 11:29 p.m. Respe tfull -subm tied, Patrick E. Mc a vey, City Clerk t Dua a Zaun, Mayo 9 CITY OF LAKEVILLE AGENDA COUNCIL MEETING MAY 7, 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 April 16, 1984 meeting. b. Approval of the claims for payment.. c. Receive the minutes of the following advisory committee meetings. Planning Commission, April 19, 1984 Park & Recreation Committee, April 18, 1984 Natural Resources Committee, April 17, 1984 d. Receive the first quarter fire department report. e. Approval of change order number one to Wood Bee in the amount of $1,430 for the liquor store. f. Approval of change order number four to Morcon Construction in the amount of $1,590 for the liquor store. g. Approval of change order number three to Kenko Construction for Barrett's Addition, project 83-6, in the amount of $4,500. 5. Ordinance amending Title 5, Chapter 2, of the Lakeville City Code pertaining to shooting and carrying fire arms. 6. Report on the high water conditions in and near Lake Marion and recommendations to alleviate the situation. a. Antlers Park beach and swimming. b. Regulation of motor boat use of the lake during high water level. c. Public safety and streets. d. Establishment of a temporary outlet control and drainage plan. e. Authorization of an engineering report for permanent drainage control. _ ~ CITY COUNCIL AGENDA (CONT.) 7. Resolution calling a public hearing for issuance of up to $2,500,000 of industrial. revenue bonds for RJTP Company. 8. Resolution calling a public hearing for issuance of up to $500,000 of industrial revenue bands for Star Tex Corporation. 9. Continued public hearing on the proposed extension of 185th Street from Highway 50 to I-35/Minnreg Road. a. Motion to close.. the hearing. b. Motion to order or deny the project. 10. Resolution approving the final plat of Weishaar Addition. 11. Application of Consumers Realty and Development Company, Inc., for preliminary plat approval of Ridgeview Addition located on the north side of 175th Street and approval of a variance in the length of a cul-de-sac street. 12. Application of Nancy Brenna at ..16940 .Florian Avenue for a special home occupation permit for a beauty salon. 13. Resolution ordering a public hearing for a storm sewer project on the. west side of Jacquard Avenue. between 208th Street and 210th Street. 14. Approval of an amendment. to the on-sale liquor license for Brackett's Crossing to allow sale of liquor. at permanent stands at the sixth and 14th tees. 15. Receive bids on the extension of sanitary sewer and water utilities on County Road 64 west to Kenrick Avenue., south on Kenrick to County Road 70 and water on Dodd Road from 208th Street to 210th Street, and recommendation on the award of the contract. a. Resolution awarding the contract on projects 83-9, 83-14, 84-6. 16. Receive bids on the 175th Street and Ipava Avenue street improvements, Project 83-7, and recommendation. a. Resolution awarding the contract. 17. Approva of a joint powers agreement for the .Black Dog Watershed. 18. Approval. of a joint agreement for the Vermillion Watershed. 19. Approval of a joint powers agreement for the Credit River Watershed. 20. Approval of a dance license .for the .Lakeville Jaycees for a street dance on Saturday night, July 7, 1984. 21. Approval of a temporary non-intoxicating malt liquor license for the Lakeville Jaycees for the street dance. 2 ~ ~ • • CITY COUNCIL AGENDA (CONT.) 22. Approval of a temporary non-intoxicating malt liquor 1'icense for the Lakeville Optimists. 23. Approval of an on-sale non-intoxicating malt liquor license for the Lakeville Softball Association. 24. Receive a resolution and. petition from the City of Farmington on the proposed reduction of_the sgeed limit on County Road 31 .between County Road 42 and 190th Street. 25. Approval to close city wells number one and. five in accordance with .state requirements. 26. Approval of agreement and. authorization for :John DuBois to prepare specifications_for the city radio communication systems. 27. Approval of a raffle license for the Lakeville Band Boosters. 28. Any other business. 29. Adjourn. 3