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06-01-87
r Y Y CITY OF LAKEVILLE COUNCIL MEETING 4~ JUNE 1, 1987 The meeting was called to order at 7:00 p.m. by MayorLaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council members Enright, Sindt, Harvey, and :favor Zaun. Absent: Councilman Nelson. Also present: Roger Knutson, City Attorney; Daryl Zuelke, Consulting City Engineer; James Robinette, Community Development Director; Richard Radermacher, Chief of Police; Patrick McGarvey, City Administra- tor/Clerk. Staff announcements: The City Administrator advised the council of eight items under Other Business on the council agenda. Citizen comments: There were none. Consent agenda: Councilmember Sindt deleted receiving the Natural Resources Committee minutes and Cable TV Board minutes on the consent agenda, as they were not ready. 87.243 Afotion was made by Sindt, seconded by Harvey to delete the receiving of the above two minutes and add other business items 24 a, b, c, e, f, g and h to .the consent agenda. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 87.244 Motion was made by Enright, seconded by Sindt to approve the consent agenda as amended. (Council Agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. Councilman Harvey asked the staff to report to the council on why the delinquent utility bills for the Thompson and Lynch property in the amount of $364 and $552 were that large. 87.245 Afotion was made by Harvey, seconded by Sindt to approve the delinquent utility bills list and certify them to the County Auditor to be included on the property tax statements for the respective properties. Roll call was taken on the motion. Sindt, Harvey, Zaun, Enright. 87.246 Afotion was made by Enright, seconded by Harvey to adopt Ordinance No. 318 rezoning property on the south side of County Road 46 and west of the new Ipava Avenue from R-7 to B-2 and from B-2 to B-4. .Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. ~ ' • ~ . y= CITY OF LAKEVILLE COUNCIL MEETING JUNE 1, 1987 At this time, Mr. Bill Stewart introduced Mr. Jack Levin who presented a concept plan for the 330 acre area on the east side of I-35 north of County Road 70 and north of County Road 64 for future land use and development. The City Council discussed the proposed land uses shown on the concept plan with the property owners present and indicated their consensus that the concept had substantial merit to it and hopefully would be followed up with the appropriate applications for development approvals in the future. 87.247 Motion was made by Enright, seconded by Harvey to receive the Stewart Concept Plan for an approximate 33U acre area on the east side of Kenrick Avenue north of County Road 70. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 87.248 Motion was made by Enright, seconded by Sindt to adopt Kesolutian No. 87-63 approving the final plat of Walnut Ridge addition and authorize the mayor and clerk to execute the development agreement and include the final plat area into the 1990 Urban Service Area by a minor comprehen- sive plan amendment. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 87.249 Pfotion was made by Harvey, seconded by Sindt to table consideration of the Northwood final plat until the Community Development Director returned to the meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey,Laun, Enright. At this time, Mr. Warren Isrealson presented the final plat of Creekview Second Addition. 87.250 Motion was made by Harvey, seconded by Enright to adopt Resolution No. 87-65 approving the final plat of Creekview Second Addition and author- izing the mayor and clerk to sign the development .agreement, including the final plat into the 1990 Urban Service Area by approving a minor comprehensive plan amendment. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. 87.251 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 87-66 approving the final plat of Chapel Hills addition, authorizing the mayor and clerk to execute the development agreement and approving a minor comprehensive plan amendment to include the plat into the 1990 Urban Service Area. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. s • ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 1, 1987 87.252 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 87-67 approving the final plat of The meadows 6th Addition and authoriz- ing the mayor and clerk to sign the development agreement, and approving a minor comprehensive plan amendment to include the plat in the 199© Urban Service Area. Roll call was taken on the motion. Ayes, Enright, Harvey, Sindt, 'Laun. At this time, the City Council took up consideration of approval of the final plat of the Northwood Addition located on the west side of I-35 north of County Road 64. The council discussed issues concerning the park dedication rate, the cost of the public improvements going in this plat at this time for the posting of financial security for their satisfactory completion. This plat was first brought to the City Council back in late 1986 for final plat approval, and the council determined that the park cash fees should be $375 per lot, and the storm sewer assessment would not to be covered by a letter of credit. The. city engineering consultant was directed to use an hourly inspection estimate for the public improvements to be made by the developer. The engineer advised the council that the correct amount for the financial security should be $62,825. 87.253 notion was made by Enright, seconded by Sindt to adopt Resolution No. 87-64 approving the final plat of Northwood Addition and authorizing the mayor and clerk to sign a development agreement once the developers have signed the agreement and posted the $62,825 financial security and paid the $1,875 cash park dedication fee. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, 5indt. At this time, the City Council took up consideration of an ordinance amending the zoning ordinance by changing the sideyard setback require- ments in the shoreland overlay district from the required 20 feet to 10 feet. Councilman Harvey indicated that he did not feel the change was warranted. 87.254 motion was made by Sindt, seconded by Enright to adopt an ordinance amending the shoreland ordinance. 87.255 Motion was made by Sindt, seconded by Enright to table the matter to the June 15, 1987, council meeting, when the full council can be present, as this ordinance would require a 4J5 positive vote from the council to be adopted. Roll call was taken on the motion. Ayes, 'Laun, Enright, Sindt, Harvey. 87..256 Motion was made by Harvey, seconded by Enright to approve Resolution No. 87-68 approving the vacation of drainage and utility easements on lots in the Foxborough 2nd Addition. • 4 , ti ti' ` CITY ~F LAKEVILLE COUNCIL MEETING JUNE 1, 1987 Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 87.257 Motion was made by Harvey, seconded by Sindt to receive the engineering feasibility report for extending utilities to two lots proposed by Ken .Larson on .the south side of County Road 64 near Antlers Park and to approve a development agreement with Mr. Larson for the making of the. public improvements and to offer the making of the improvements to the property owners to the west, if they wish to be included in the project, by signing the agreement soon.. Roll call was taken on the wotion. Ayes, Harvey, Zaun, Enright, Sindt. At this time, Mr. Ken Larson, Secretary of the Lakeville Fire Relief Association,. and Paul Hennen of I,R.I. Asset Management, Inc., appeared before the council for review and approval of an agreement for the management of the Lire relief pension funds. Mr. Larson indicated that the council previously gave approval in 1983 far this firm to manage .and invest .their funds in mutual funds. The city administrator and city attorney stated that they had not received a copy of the actual agree- ment with IRI in their packet and recowmended that the matter be tabled to allow the attorney to review the agreement and financial status and security of the firm in handling public monies. 87.258 Motion was made by Enright, seconded by Harvey to table consideration of approving the agreement to the June 15, 1987,. council meeting to allow the city attorney to further review the agreement and firm. Roll call was taken on the motion. Ayes, Zaun, Enright., Sindt, Harvey. At this time, Mayor opened the continued public hearing on Improvement Project 87-9, extension of utilities to Chapel Hills, Cedar Glen and the Carroll First Addition. There was no one present wishing to comment or ask questions on the project. 87.259 Notion was made by Enright, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 87.260 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 87-69 ordering Improvement Project 87-9 under option A as proposed by the engineering feasibility report, and authorizing Donohue & Associates to prepare plans and specifications. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright. At this time, Mayor Zaun reopened the public hearing on Improvement Project 87-10, extension of utilities to the Trotter's Ridge plat located west of Highview Avenue south of County Road 46. .There was no one present wishing to ask questions or comment on the project. ~ ~ s . CITY OF LAKEVILLE COUNCIL MEETING JUNE 1, 1987 87.261 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, 'Lawn, Enright, Sindt. 87.262 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 87-70 ordering Improvement Project 87-10 and authorizing Donohue and Associates to prepare engineering plans and specifications on the project. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. At this time, the mayor opened the public hearing on Project 87-11, extension of utilities to serve the Walnut Ridge plat located southeast of the corner of Ipava Avenue and 165th Street. The City Clerk attested to the legal notice. The city engineer presented slides showing the scope and location of the project and the costs involved. It was pointed out that the utility extensions are needed to serve the second phase of the Walnut Ridge plat development. The property owner located to the southeast of the Walnut Ridge plat questioned the need for storm drainage improvements on his property and the assessment proposed of $1,600. The city engineer stated that further analysis indicated that the work would not be necessary and, therefore, the assessment would not be necessary, as the work would not be included in the project. 87.263 Alotion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 87.264 Tiotion was made by Harvey, seconded by Enright to adopt Resolution No. 87-71 ordering Improvement Project 87-11 and authorizing Donohue and Associates to prepare engineering plans and specifications. Roll call was taken on the motion. Ayes, Sindt, Harvey, Enrig~it, 'Zaun. At this time, the City Council discussed the Cedar Avenue improvement project and status of the City being able to fund its share of the cost for this 1988 scheduled project. The city administrator pointed out that the funding sources are special assessments to benefited property, a special tax levy, the use of MSA funds off system, and, hopefully iri the future, the road access charge if the Ttinnesota Legislature adopts a law allowing the city to use such a charge. The council also discussed the city engineer preparing the storm sewer plans for this future project. i • i ~ .Ya CITY OF LAKEVILLE COUNCIL MEETING JUNE 1, 1987 87.265 notion was made by Harvey, seconded by Sindt to authorize llonohue and Associates to prepare the storm sewer plans for Dakota County for the 1988 Cedar Avenue improvement project. Roll call was taken on the .motion. Ayes, I~arvey, Zaun, Enright, Sindt. The city staff was directed to prepare a financial plan for the council on how the city will be able to fund the city's share of the 19$5 Cedar Avenue improvement project. 87.266 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 87-72 awarding the construction contract to Arcon Construction for Project 86-3. Roll call was taken on the motion. Ayes, 'Laura, Enright, 5indt, Harvey. 87.267 Motion was made by Harvey, seconded by Enright to adopt Ordinance No. 319 amending Title 3, Chapter 1, of the City Code requiring the City of Lakeville to carry a minituum of $500,000 liquor liability insurance on the municipal liquor store on and off-sale operation.. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 87.268 notion as made by Enright, seconded by Sindt to receive the application of Donald and Charles Speiker for an on-sale liquor license for the Lakeville Family Bowl and call a public hearing on the application for the June 15, 1987, council meeting. Koll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright. 87.269 Motion was made by Enright, seconded by Sindt to receive a report from the City Administrator on the three proposals from developers for the purchase of part of lot 1, block 1, Carroll Addition, from the City of Lakeville and refer the matter to the Liquor Committee for a recommenda- tion at the July 6, 1987, council meeting. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. 87.270 Motion was made by Sindt, seconded by Harvey to approve the temporary construction easement with J. ayron Watschke on the Lakeway Park PUD for the pedestrian trail along Highway 50. Ro11 call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 87.271 Motion was made by Sindt, seconded by Enright to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. Time: 9:35 p.m. 1 .t CITY OF LAKEVILLE COUNCIL MEETING JUNE 1, 1987 Respectfully submitted, / Patrick E. McGarvey, City Cler Du ne Zaun, May ~ ! • . a CITY OF LAKEVILLE AGENDA COUNCIL MEETING JUNE 1, 1987 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 18, 1987, council meeting. b. Approval of the minutes of the May 26, 1987, special council meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. Planning Commission, May 21, 1987 Park and Recreation Committee, May 20, 1987 Natural Resources Committee, May 19, 1987 Cable TV Board, May 19, 1987 e. Approval of a minor comprehensive plan amendment to include the Lynwood South addition in the 1990 urban service area. f. Approval of a minor comprehensive plan amendment to include the Valley Park 8th Addition, Phase 4, in the 1990 urban service area. g. Receive engineering feasibility reports for Lynwood North utilities, project 87-13, and 185th Street extension from T.H. 50 to I-35, project 87-14. h. Authorize Donohue and Associates to prepare an E.A.W. for Cherryview. i. Resolution of negative declaration on Walnut Ridge and Trotter's Ridge plats. j. Resolution certifying delinquent utility bills to the County Auditor. k. Approval of a temporary construction easement with James G. and Carole. Y. Hynes on Oak Shores 3rd project. • • CITY COUNCIL AGENDA JUNE 1, 1987 5. Application of the Crystal Lake Company to rezone land on the south side of County Road 46 to the west of the new Ipava Avenue from R-7 to B-2, and from B-2 to B-4. a. Ordinance amending the zoning ordinance for the rezoning. 6. Review of the proposed land use concept plan received from Stewart Properties for an area east of Kenrick Avenue and North of County Road 70 to north of County Road 64. 7. Approval of the final plat and development agreement for Walnut Ridge. 8. Approval of the final plat and development agreement for Northwood. 9. Approval of the final plat and development agreement for Creekview 2nd. 10. Approval of the final plat and development agreement for Chapel Hill. 11. Approval of the final plat and development agreement for Meadows 6th Addition. 12. Application of the City of Lakeville for an ordinance amending Ordinance No. 167 to require a 10 foot side yard setback instead of a 20 foot side yard setback in the Shorland Overlay District. 13. Vacation of drainage and utility easements in Foxborough 2nd Addition. 14. Receive engineers feasibility report on the extension of utilities on the south side of County Road 64 near Antlers Park as requested by Ken Larson, and authorize the project and approve an agreement with Ken Larson for assessment of the costs. 15. Receive a report and request for approval of an agreement with I.R.I. Asset Management, Inc. for management of the Lakeville Fire Relief Pension Funds. 16. Continued public hearing on the proposed improvement project 87-9, extension. of utilities to the Chapel Hill, Cedar Glen plats and street improvements with utilities to the Carroll 1st Addition located south- west of the corner of County Roads 46 and 23 (160th Street and .Cedar Avenue). a. Attest to the legal notice. b. Presentation of the project by the city engineer. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying, the project. 2 • • CITY COUNCIL AGENDA JUNE 1, 1987 17. Continued public hearing on the proposed improvement project 87-10, extension of utilities to the Trotter's Ridge plat located west of Highview Avenue and south of County Road 46/160th Street. a. Attest to the legal notice. b. Presentation of the project by the city engineer. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying, the project. 18. Public hearing on the proposed extension of utilities to serve the Walnut Ridge plat located southeast of the corner of Ipava Avenue and 165th Street, project 87-11. a. Attest to the legal notice. b. Presentation of the project by the city engineer. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying, the project. 19. Authorize Donohue and Associates to prepare the storm sewer design for the Cedar Avenue project for Dakota County from 160th Street to south of the Dodd Road intersection. 20. Approve the award of the contract to Arcon Construction for the 165th Street project 86-3. 21. Adopt ordinance amending Title 3, Chapter 1, of the City Code requiring the City of Lakeville to carry a minimum of $500,000 liquor liability insurance. 22. Receive an application .from Donald and Charles Speiker for an on-sale liquor license for the Lakeville Family Bowl and call a public hearing on the application for the June 15, 1987, council meeting. 23. Receive proposals of the sale/development of lot 1, block 1, Carroll Addition and refer to the Liquor Committee for review and recommenda- tion. 24. Any other business. 25. Adjourn. 3 CITY COUNCIL AGENDA ' JUNE 1, 1987 24. ANY OTHER BUSINESS. a. Approve partial payment of $92,902.79 to Friedges Landscaping for Project 86-13, North Park. b. Approve partial payment of $21,338.58 to Holst Construction for Project 87-1, Aronson Park. c. Authorize feasibility report for utilities to Second Season Golf Center. d. Approve temporary construction easement with J. Byron Watschke on Lakeway Park PUD. e. Approve a deed of reconveyance on Outlot H of Donnay's Valley Park 2nd Addition. f. Resolution requesting the installation of stop signs on T.H. 50 at Dodd Road (Dakota County. .Highway No. 9). 4