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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
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: Roger Knutson, City Attorney; Keith Nelson, City
Engineer; James Robinette, Community Development Director; Patrick
McGarvey, City Administrator/Clerk.
Staff Announcements: The city administrator advised the council of
items coming up under Other Business on the council agenda.
Citizen Comments: Mayor Zaun advised the council that he had received
several calls from residents in the Valley Park area concerning the use
of dirt bikes on private property by youngsters. The mayor requested
the chief of police write a memo to the council advising everyone of
the policy the city presently uses and the state statutes and ordi-
nances that govern the situation. The council discussed the memo, and
the consensus was to have the police department enforce the laws
concerning the use of dirt bikes in accordance with the chief's memo
dated May 31, 1985.
Councilman Harvey removed Item 4a from the consent agenda.
85.240. Motion was made by Harvey, seconded by Sindt to approve the consent
agenda items 4b through 4h.
(Council Consent Agenda attached hereto is incorporated by reference
and specifically made a part hereof.)
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright,
Harvey.
85.241 Motion was made by Harvey, seconded by Nelson to approve the council
minutes of the May 20th meeting with two corrections.
Roll call was taken on the motion. Ayes, Zaun, Enright, Harvey,
Nelson. Sindt abstained as she was absent from the meeting.
At this time the city staff presented the recommendations from the
Natural Resources Committee of the. city to the council concerning the
request to use chemical treatment to remove weeds from areas of Orchard
Lake. Correspondence from the Minnesota Department of Natural Re-
sources on the matter was also presented, which indicated the depart-
ment did not look favorably on the use of chemicals for as large an
area as was being .requested.
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
85.242 Motion was made by Harvey, seconded by Enright to accept the recommenda
tion of the Natural Resources Committee that no city financial
participation be made for the use of chemical treatment to remove weeds
from Orchard Lake.
Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey,
Nelson, Zaun.
85.243 Motion was made by Nelson, seconded by Sindt to adopt Ordinance No. 271
rezoning the Samuel Testa property from R-2 to R-6, as recommended by
the Planning Commission.
Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson,
Zaun, Sindt.
At this time the city council took up consideration of the conditional
use permit requested by the Grist Mill. The council members questioned
a representative from the company present concerning the plans to
complete the parking lot expansion improvements necessary to serve the
company. It was agreed between the company official and the city
council that all work on the installation of the tanks plus the parking
lot and site improvements would be completed within 15U days from
approval of the conditional use permit.
85.244 Motion was made by Harvey, seconded by Nelson to approve a conditional
use permit for the Grist Mill with a change in the condition that all
work on the site improvements, including parking lot paving, and the
installation of tanks must be completed within 15U days from the date
of issuance of the conditional use permit by the City.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt,
Enright.
85.245 Motion was made by Enright, seconded by Nelson to adopt Resolution No.
85-43 vacating an easement on lot 11, block 1, of Overland Addition,
now a part of the LakeVale Townhomes plat.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright,
Harvey.
At this time Mayor Zaun opened the public hearing on the proposed
improvement of Junelle Path from 175th Street to 173rd Street and the
improvement of 173rd Street from Junelle Path to Kenrick Avenue,
including the installation of utilities. The city clerk attested to
the legal notice.
Mr. Keith Nelson presented slides showing the project area, location of
the various improvements, and cost estimates. The city administrator
explained that the reason for the report was that the City needed to
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
know the cost so the property owners in the area could be appraised of
the improvement costs their land would need in order to accommodate
commercial development which is projected for the area. Mr. Nelson
indicated that the. proposed street would be 40 feet wide with concrete
curb and gutter and a nine ton capacity design.
Mr. Nelson also indicated that the estimated cost for a 1985 project
would be $27.35 for sanitary sewer, $26.00 for water and $57.60 per
front foot for the streets.
At this time the mayor opened the meeting for questions and comments
from the audience.
Dan Gossard asked the engineer about how sewer would be extended
easterly along 175th Street to serve that area, and Mr. Nelson ex-
plained how that would be done.
Mr. Lynn Peterson expressed a need for the road and indicated that Paul
Krause was probably in favor of it also for the parcel of property he
owns in the area.
Mrs. Mae Walsh asked about the improvement costs to her property
located on the south side of 175th Street and indicated she had concern
about the costs and how it would effect the sale of her property.
Mr. Inouye was present and indicated that he did not wish to have.
assessments on his property at this time, which is being used for
residential.
Two other ladies present indicated that at the present time their
property had no commercial development plans, and they dial not wish to
have the assessments because of it at this time. They presented two
written letters to the City in objection to the project.
85.246 Motion was made by Harvey, seconded by Nelson to close the public
hearing.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey,
Nelson.
85.247 Motion was made by Harvey, seconded by Sindt to receive the letters
from the property owners concerning the project and place them on file.
Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey,
Nelson, Zaun.
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. CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
The city administrator advised the council that it might be in order
for the council to deny a portion of the proposed utility and street
improvements along Junelle Path from 175th Street to 173rd Street and
on 173rd Street from Junelle Path to Kenrick Avenue, but to leave open
for the time being the option of installing sanitary sewer and water
utilities along a portion of 175th Street until a future council
meeting.
85.248 Motion was made by Enright, seconded by Nelson to deny the proposed
project improvements except for the extension of the water and sanitary
sewer along 175th Street.
Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson,
Zaun, Sindt.
85.249 Motion was made by Harvey, seconded by Sindt to table a decision on the
proposed utilities along 175th Street until the July 1st council
meeting.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt,
Enright.
85.250 Motion was made by Enright, seconded by Harvey to adopt Ordinance No.
272 on amending the zoning ordinance as it pertains to the shoreland
requirements, as recommended by the Planning Commission.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright,
Harvey.
At this time the city council took up consideration. of agreements with
Credit River Township and Brackett's Crossing for the improvement of
Judicial Road north from 185th Street to the Brackett's Crossing
parking Iot. Mr. Robert Nicholas, attorney representing Credit River
Township, was present and addressed the City Council concerning the
concerns of the town board as to future costs.
The city administrator placed figures on the drawing board in the
council chamber indicating how the estimated 1986 assessments would be
paid if the project were ordered given the discussion occurring at the
meeting between the town board, Brackett's Crossing officials and the
City Council. Those estimates were $380 from Credit River to the City
of Lakeville, $4,833 from Brackett's Crossing for the property in
Credit River Township not paid by the township government or the
property owners, $1,824 for the property in the City of Lakeville owned
by Bracken 's Crossing and $3,389 from the City of Lakeville for the
deferred assessment on the Bartelds property in the City of Lakeville.
The administrator pointed out that these are estimated figures which
are subject to change given the final project cost if the project is
ordered in.
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
Mr. Nicholas indicated that he needed to have some changes made in the
joint powers agreement between the city and township and asked to have
the matter tabled to allow the two attorneys to work out the wording of
the agreement.
85.251 Motion was made by Sindt, seconded by Harvey to table the matter to the
June lU, 1985, special council meeting for further consideration.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey,
Nelson.
85.252 Motion was made by Enright, seconded by Nelson to adopt Resolution No.
85-44 authorizing the issuance, sale and delivery of the City of
Lakeville, Minnesota, Commercial Development Revenue Bonds for the
I-35/Lakeville Limited Partnership project in the principal amount of
$3,060,000.
Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey,
Nelson, Zaun.
85.253 Motion was made by Enright, seconded by Sindt to approve easement
settlements on parcels number 319, 320, 321 and 318 as recommended by
the city attorney, subject to the property owners signing all of the
necessary easement agreements, for the Highway 50/County Road 5 project
and authorize the mayor and clerk to execute them and approve payment.
Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson,
Zaun, Sindt.
85.254 Motion was made by Harvey, seconded by Sindt to receive the bids for
the public improvements in the SouthFork Village plat, project 85-2,
and table award of the contract until the developer informs the City
the development is ready to proceed.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt,
Enright.
85.255 Motion was .made by Nelson, seconded by Harvey to authorize the staff to
contact BRW Architects of Minneapolis for a written proposal for their
services to design an 80' x 100' cold storage addition to the city
maintenance building, and authorize the preparation of plans and
specifications for taking bids on the project once the council has
approved the agreement with the architectural firm.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright,
Harvey.
At .this time the city administrator presented the results of soil
borings taken by the city on the Wicklund property and the Pastoret
property located on the north and south sides of 176th street, both
parcels of which were being considered for a possible fire station
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
location. The soils tests indicated that a considerable amount of poor
soil exists in portions of each parcel of property, and the estimated
cost by the city engineer to remove and replace the soils on each
parcel was approximately $50,000 each. Based on this information and
the estimated cost for acquiring the property from the owners, it was
the consensus of the council to look at other possible sites in the
vicinity, especially along 175th Street east of Highway 50.
85.256 Motion was made by Harvey, seconded by Enright to authorize the city
staff to continue negotiations on the possible purchase of afire
station location site on one of the four quadrants at the corner of
175th Street and Junelle Path and report back to the City Council.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey,
Nelson.
At this time the City Council took up consideration of an addendum to
the ambulance agreement between the cities of Apple Valley, Farmington,
and Lakeville as recommended by the city attorney.
85.257 Motion was made by Harvey, seconded by Enright to approve the addendum
to the ambulance agreement with the cities of Apple Valley and Farm-
ington and authorize the mayor and clerk to execute it.
Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey,
Nelson, Zaun.
85.258 Motion was made by Sindt, seconded by Enright to table consideration of
the final plan review for phase two of North Creek Mobile Home Park
until it is ready for council consideration.
Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson,
Zaun, Sindt.
85.259 Motion was made by Sindt, seconded by Harvey to approve the purchase of
one utility van truck from Smith GMC in Apple Valley for the utility
department as per the low quote in the amount of $8,671.86.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt,
Enright.
85.260 Motion was made by Harvey, seconded by Sindt to authorize and direct
the city attorney to prepare an ordinance amending the zoning ordinance
concerning the inspection of the installation of mobile homes in mobile
home parks and the condition when they are sold.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright,
Harvey.
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CITY OF T.AKFVILLE COUNCIL MEETING
JUNE 3, 1985
At this time the City Council reviewed the proposed check list of the
city staff and the comments received from the operator and sponsor for
a benefit rodeo to be conducted during Pan-O-Prog in the Airlake
Industrial Park. It was determined that the sponsor had to comply with
the City's stipulations for conducting the event at the site.
85.261 Motion was made by Enright, seconded by Harvey to approve the operation
of a rodeo on July 4th and 5th in Airlake Industrial Park and the
conditions as set forth dated June 3, 1985.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey,
Nelson.
.85.262 Motion was made by Sindt, seconded by Harvey to approve and authorize
the mayor and clerk to execute a contract with Apple Valley Painting in
the amount of $1,186 for painting on the liquor store number one
building.
Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey,
Nelson, Zaun.
85.263 Motion was made by Enright, seconded by Sindt to approve a minor
variance in the rear yard setback of less than two feet to Owobopte
Industries as per the survey and building plan submitted.
Roll call was taken on the motion. Ayes, Enright, Nelson, Zaun, Sindt.
Nays, Harvey.
85.264 Motion was made by Nelson, seconded by Enright to authorize and direct
the chief of police and police department to enforce the state and city
laws and department policy on the operation of dirt bikes as outlined
in the chief's report to the council dated May 31, 1985.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey,
Nelson.
At this time, council member Enright had to leave the meeting.
85.265 Motion was made by Nelson, seconded by Sindt to extend the council
meeting.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun.
Mr. Louie Helkenn addressed the City Council concerning his complaints
on the work being done in the Rolling Oaks plat and the location of a
sewer manhole near his property. The council directed the city
engineer to investigate the matter the next day with Mr. Helkenn.
85.266 Motion was made by Sindt, seconded by Nelson to adjourn the council
meeting.
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 3, 1985
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
Time: 10:43 p.m.
Respectfully ~ubmitted~,
atrick E. McGarvey, Ci y lerk
Du a Zaun, M r
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CITY OF LAKEVILLE
AGENDA
COUNCIL MEETING
JUNE 3, 1985
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 May 20, 1985, council meeting.
b. Approval of the minutes of the May 29, 1985, special council
meeting/Board of Review.
c. Approval of the claims for payment.
d. Receive the minutes of the following advisory committee meetings.
Natural Resources Committee, May 21, 1985
Planning Commission, May 16, 1985
e. Appointment to the Park and Recreation Committee.
f. Call a public hearing for the assessment of public improvements in
the Lakevale Townhomes Second Addition for July 1, 1985.
g. Approval of storm sewer credits for Dodd Pointe 1st Addition.
h. Receive the 1985 1st quarter report from the Fire Department.
5. Report and recommendation from the Natural Resources Committee on use of
chemicals to remove weeds in Orchard Lake.
6. Application of Samuel F. Testa for rezoning from R-2, single family
residential, to R-6, medium density residential district, on land on
which a single family home and a four-plex currently exist at 20442
Icalee Path.
7. Application of the Grist Mill for a conditional use permit to construct
exterior liquid sugar storage tanks at 21405 Hamburg Avenue.
CITY COUNCIL AGENDA
. ~ June 3, 1985
8. Resolution vacating a dedicated 50 foot drainage easement as platted on
lot 11, block 1, Overland Addition.
9. Public hearing on the proposed improvement of Junelle Path from 175th
Street to 173rd Street and 173rd Street from Junelle Path to Kenrick
Avenue.
a. Attest to legal notice.
b. Presentation of the project.
c. Questions and comments.
d. Motion to close, or continue, the hearing.
e. Resolution order, or denying, the project.
10. Application of the City of Lakeville for amending the zoning ordinance,
section 47, pertaining to the shoreland district.
11. Consideration of ordering, or denying, the improvement of Judicial Road
from 185th Street (Minnreg Road) north to Brackett's Crossing.
a. Agreement with Credit River Township for their cost participation in
the project.
b. Agreement with Brackett's Crossing for their cost participation in
the project.
c. Resolution ordering, or denying, the project.
12. Resolution of final approval on the industrial development revenue bonds
for I-35/Lakeville Limited Partnership for the Thrifty Scott Motel
project.
13. Approval of settlements with the owners of parcels numbers 318, 319,
320, 321, 301 and 302 on the easements necessary for the Highway
50/County Road 5 project.
14. Receive bids and recommendations on the public improvements for the
SouthFork Village plat, Project 85-2.
15. Approval for preparation of plans and specifications for a cold storage
addition to the city maintenance garage.
16. Receive report on the site acquisition for a branch fire station in the
northwest area of Lakeville.
a. Authorization to negotiate a purchase agreement on one or more
parcels of land near Highway 50.
17. Approval of the revised joint powers agreement with Apple Valley and
Farmington for operating of the ambulance system.
18. Final plan review for phase two of the North Creek Mobile Home Park.
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CITY COUNCIL AGENDA ,
June 3, 1985
19. Approve purchase of one truck for the utility department.
20. Approval of staff recommendation for enforcement of inspection of mobile
home installations in the mobile home parks.
21. Any other business.
22. Adjourn.
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