HomeMy WebLinkAbout04-06-87 CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
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, Enright, Sindt,
Harvey and Mayor Zaun.
Also present: Patrick Farrell & Roger Knutson, City Attorneys; Darrell
Schneider and Daryl Zuelke, Consulting City Engineers; Steve Michaud,
Park and Recreation Director; James Robinette, Community Development
Director; Richard Radermacher, Chief of Police; 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: Verlie Hardie asked the council if there would be a
report on the citizen survey taken for the multi-purpose arena, and
Mayor Zaun indicated that there would be information provided on the
results under Item X611 on the agenda.
87.137 Motion was made by Harvey, seconded by Enright to add Other Business
items 22a, b and c to the consent agenda..
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
87.138 Motion was made by Sindt, seconded by Enright to approve the consent
agenda as amended with the exception of the bill to the Minnesota
Vikings for the purchase of 1987 tickets from the liquor fund.
(Council Agenda attached hereto is incorporated by reference and
specifically made a part hereof.)
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
At this time, Patrick Farrell briefed the City Council on negotiations
he had had with .the Winkler property owners concerning purchase of
street right-of-way for Ipava Avenue and for the 1.4 acre size parcel
that would be on the east side of Ipava Avenue adjacent to the Lake-
ville school district site. Mr. Farrell stated that the owner had
.agreed to sell the property to the City for $12,000 per acre, and that
the school district officials had indicated to him that they would
purchase the 1.4 acre parcel from the City if it is acquired at that
price per acre. Mr. Farrell also indicated that as a part of negotia-
tions, the Winkler property owners had agreed to the price per acre
with the understanding that. the council would give favorable considera-
tion to rezoning a part of their R-7 zoned property to B-2 to compen-
sate for the B-2 zoned property being taken for the street right-of-way
f
s • '
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
and parcel for the school district. Mr. Farrell also indicated that
the property owner may apply for rezoning on a part of their B-2
property adjacent to the future corner of Ipava Avenue and County Road
46 to accommodate a convenience grocery store-fuel station, which would
require B-4 zoning.
Mayor Zaun asked Dr. Wahlstrom which alignment of Ipava Avenue the
school board preferred.. Dr. Wahlstrom indicated that the school board
preferred approval of the alignment shown on the exhibit prepared by
the engineer for the April 6th council meeting, which indicated there
would be a 1.4 acre parcel of property on the east side of Ipava which
the City would acquire and sell to the district as outlined by the City
Attorney.
Councilman Harvey asked the engineer about the added cost for the new
alignment of Ipava Avenue and who is receiving the benefit for the new.
alignment. Daryl Zuelke indicated that the estimated additional cost
is $60,000, which works out to $5.85 per front foot for the Ipava
street improvement project. Councilman Harvey indicated he was
uncomfortable with asking .the other property owners along Ipava to pick
up the $5.85 additional assessment for this alignment.
The city Administrator pointed out that the council needed to make a
decision on the portion of Ipava Avenue and later on February 19th as
first proposed as an interim rural section or a complete urban section
with concrete curb and gutter.
87.13 9 Motion was made by Harvey, seconded by Sindt to close the public
hearing..
Roll call was taken on the motion. Ayes., Enright, Sindt, Harvey,
Nelson, Zaun.
87.140 Motion was made by Harvey, seconded by Sindt to approve the joint
powers agreement with Lakeville School District No. 194 and authorize
the mayor and clerk to execute it.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
87.141 Motion was made by Harvey, seconded by Sindt to adopt Resolution No.
87-27 ordering project 86-15, improvement of Ipava Avenue from 173rd
Street to County Road 46 and the improvement of 165th Street west of
Ipava Avenue, with the 165th Street improvement to be urban designed.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright,.Sindt.
2
•
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 198 7
87.142 Motion was made by Enright, seconded by Nelson to approve the purchase
agreement with the Winkler property owners and authorize the mayor and
clerk to execute it, and to adopt Resolution No. 87-26 authorizing
condemnation on the road right-of-way for project 86-15, Ipava Avenue
and 165th Street.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
87.143 Motion was made by Harvey, seconded by Nelson to authorize the city
staff to prepare an alternative assessment roll based on the actual
extra cost of the Ipava road improvement part of the project showing
part, if not all, of the costs that may be attributable to the re-
alignment to accommodate the Lakeville School District site planning
needs, and report back to the City Council with the alternatives prior
to the assessment hearing.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
Mr. Buss Wierke asked the City Council on behalf of the School Board if
those alternatives would be presented to the School Board to study
.prior to the assessment hearing, and Mayor Zaun indicated that they
would be.
87.144 Motion was made by Harvey, seconded by Enright to call a public hearing
on the extension of 165th Street east of Ipava Avenue to the east
property line of the Walnut Ridge proposed addition and set the public
hearing for the May 4, 1987, council meeting. (Resolution No. 87-28)
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
At this time, Mayor Zaun recognized the developers of the Brackett's
planned unit development, and their engineer presented the final
development plans and plat.
Councilman Nelson asked about what the plans showed for a future street
connection between the Brackett's property and 175th Street, and he
indicated he felt that at some time in the future there should be a
connection between this property and the 175th Street area.
Mayor Zaun explained that at this time there would be no direct
connection, but the possibility exists in future years to provide
additional street connections to either the east end of 175th Street,
172nd Street and through the Lake Villa Golf Estates when it further
develops.
3
• ~ •
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
87.145 Motion was made by Enright, seconded by Sindt to adopt Resolution No.
87-29 approving the final plat and development stage plans for Brack-
ett's Townhomes planned unit development phase one, and to authorize
the grading of the property in accordance with the approved grading
plan, including .the phase three single family home area of the P.U.D.
and authorize the mayor and clerk to execute the development agreement.
Further discussion occurred on the project. Councilmember Enright
called the. question. The council and mayor discussed what, under
Roberts Rules of Order, is the effect and procedure when the question
is called. Councilmembers felt it means that debate ends and the roll
call is taken on the motion on the floor. The Mayor indicated he did
not feel calling the question is supposed to work in that manner, but
would honor the consensus of the council.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
Mr. Steve Johnson asked what the plans were for the single family area
of the project, and the developer answered that the preliminary and
final plat for the 29 lot single family area identified as phase three
and the P.U.D. are now proceeding through the Planning Commission to
the City Council for approval.
Mr. Whitey Whitehouse stated that he felt there should be a future
street connection between the Brackett's development and the Orchard
Lake area.
87.146 Motion was made by Harvey, seconded by Nelson to authorize Donohue and
Associates to prepare the plans and specifications for the making of
the public improvements for the phase one and three Brackett's P.U.D.
project.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
At this time, Mr. Scott Johnson presented the preliminary plat of
Lynwood North and South and indicated that all of the issues on the
park dedication of 15 plus acres had been resolved between the City and
developer, and that in addition, the developer would be making some
grading improvements to the property as a part of the dedication. Mr.
Johnson also indicated the area where he wished to cut a bridge at the
rear of lots in the park area grading, this would be done in accordance
,with the Dakota County Soil and Water Conservation direction.
87.147 Motion was made by Enright, seconded by Harvey to approve the prelimi-
nary plat of Lynwood North and South Additions.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
4
~ • •
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
At this time, Mr. Ken Carlson presented the preliminary plat of
Foxborough Third Addition, which is a replat. He indicated that 32
duplex lots were being replatted into 19 single family lots under R-3
zoning district requirements for the single family lots.
87.148 Motion was made by Enright, seconded by Nelson to approve the prelimi-
nary plat of Foxborough Third Addition.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt,
Nelson. Nays., Harvey. Harvey voted NO because of the change to R-3
single family zoning.
87.149 Motion was made by Sindt, seconded by Nelson to adopt Resolution No.
87-30 approving the final plat of Cherrywood Heights Third Addition and
authorizing the mayor and clerk to execute the development agreement,
and including the area in the 1990 urban service area by approving a
minor comprehensive plan amendment.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
87.150 Motion was made by Enright, seconded by Sindt to approve an amendment
to the comprehensive plan of the City in Planning District No. 7 to
include a portion of Planning District No. 7 as outlined in the
planner's report dated March 30, 1987, and authorize submittal of the
proposed amendment to the Metropolitan Council for their review and
approval and adjoining communities.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
At this time, Mayor Zaun recessed the council meeting for 10 minutes.
Mayor Zaun reconvened the council meeting and called on Park and
Recreation Director Steve Michaud, who gave a report concerning the
citizen committee task force studying the multi-purpose recreational
complex. Mr. Michaud reviewed the report presented to the council by
the committee. Mr. Del Erickson, architect retained by the City as a
consultant on the project, presented conceptual building plans and site
plans for the phase one and future phases of the complex. Mr. Michaud
also reported on the results of the survey taken by the City as a part
of the February newsletter.
Councilman Harvey indicated that he did not feel a multi-purpose
recreational arena was a number one priority building project for the
City, as there is a need for a city hall and major road building
improvements of higher priority.
Councilman Nelson indicated he felt the time had come to allow the
project to be voted on for the phase one portion of the project
recommended by the task force committee.
5
! •
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
Councilmember Sindt indicated that she felt the issue should be voted
on but not at a special election, and that it should await a referendum
at the November City election.
Councilmember Enright indicated she felt the issue deserved to be voted
on at a special referendum in May, 1.987.
Mayor Zaun indicated he felt the time had come, due to the growth in
the city, for the issue to be decided by the citizens of the community
at a special referendum in May, 1987, so that the matter would be
cleared from the council's agenda one way or another in time for the
budgeting process for 1988.
87.151 Motion was made by Enright, seconded by Nelson to receive the repor t
from the citizen committee task force and adopt Resolution No. 87-31
calling a special referendum in the amount of $2,100,000 for May 12,
1987, on a multi-purpose recreational arena.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright.
Nays, Sindt, Harvey.
At this time, the City Administrator reported on the four proposals.
received on March 27th from developers for the purchase and development
of a small strip shopping center on the two acre parcel the City owns
on the west side of Cedar Avenue between 161st Street and 162nd Street.
The administrator advised the council that since that date, some
interest had been expressed in the property by the SuperAmerica
Corporation and that after consulting with a financial real estate
broker, there may be other alternatives the council might want to
consider in seeking proposals for this valuable piece of city property
in its future development. The administrator recommended that the
proposals be referred to the City Council Liquor Committee for further
review and recommendation to the council.
87.152 Motion was made by Sindt, seconded by Nelson to receive the proposals
and refer them to the Liquor Committee of the City Council for further.
study and recommendations back to the City Council.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
The City Council reviewed a report from the City Administrator outlin-
ing a suggested process and schedule for possibly selling the on-sale
liquor store in downtown Lakeville, or leasing it.
87.153 Motion was made by Harvey, seconded by Sindt to receive the report from
the administrator dated April 3, 1987, and authorize an appraisal in
the amount of $1,500 from Appraisal Research Associates on the land,
building and fixtures in the on-sale liquor store.
6
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
Roll call was taken on the motion. .Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
At this time, the City Council took up consideration of a report from
the City Administrator on a proposed lease/purchase of a new city hall
building at the northwest corner of 202nd Street and Holyoke Avenue and
discussed the proposal. Included in the proposal was a suggested.
process and schedule for accomplishing the project.
87.154 Motion was made by Enright, seconded by Nelson to receive the report
and authorize the preparation of requests for proposals from the
architectural community for a conceptual plan and estimated cost for a
building in the 20,000 to 21,000 square foot range at the northwest
corner of 202nd Street and Holyoke Avenue.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
87.15.5 Motion was made by Harvey, seconded by Nelson to adopt Resolution No.
87-32 adopting the 1987 utility operating fund budget with direction to
the staff to keep working on reducing the inflow and infiltration in
the sanitary sewer system in an effort to reduce the costs to the
Metropolitan Waste Control Commission for sewage treatment.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
87.156 Motion was made by Harvey, seconded by Sindt to authorize and approve
an expenditure of up to $4,000 to the Lakeville Chamber of Commerce
associated with putting on the first annual Lakeville Commerce &
Industry Day tour set for May 28, 1987.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
87.157 Motion was made by Harvey, seconded by Nelson to extend the council
meeting beyond the 10:30 adjournment time.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
87.158 Motion was made by Enright, seconded by Sindt to receive a report from
the staff requesting consideration of adding positions in City Hall and
place it on a council work session agenda for a meeting to be held on
April 27, 1987, at 7:00 p.m. at City Hall.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
7
f ~ ~ ~ •
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
87.159 Motion was made by Enright, seconded by Sindt to adopt Ordinance No.
310 establishing a process for the council to designate "No Parking"
areas in city parks and authorizing the park ranger to issue citations
for violation of the parking restrictions.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
87.160 Motion was made by Harvey, seconded by Sindt to approve the job
description for the park ranger position with the City of Lakeville.
Roll call was taken on the motion. Ayes, Harvey,. Nelson, Zaun,
Enright, Sindt.
87.161 Motion was made by Harvey, seconded by Nelson to receive a recommenda-
tion from the city staff. concerning computer improvements from Ameri-
Data Corporation in the Police Department and authorize purchase of
equipment as recommended.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
87.162 Motion was made by Harvey, seconded by Sindt to receive the feasibility
study from the consulting engineer for the Arkell Cottages of Lakeville
development and improvements to Holyoke Avenue, with the engineer to
amend the report to reflect the costs proposed for the improvements on
Holyoke to be paid by special assessments to the benefited property
and/or through possible proceeds from a tax increment project if
approved on the Arkell development, and to set the public hearing for
the proposed improvement project for the May 4, 1987, council meeting.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
87.163 Motion was made by Enright, seconded by Nelson to receive the bids for
equipment for off-sale liquor store number one and two and reject them
and .authorize the re-advertisement for taking of bids on April 30,
1987, at 10:00 a.m. at City Hall for the equipment.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
87.164 Motion was made by Enright, seconded by Nelson to direct the staff to
advise our state representative and senator that council opposes House
File 1342 which would allow the sale of wine in grocery stores.
Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright.
Nays, Harvey.
8
~ ~ i
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 6, 1987
It was decided to put on the April 27th work session agenda considera-
tion of adopting Roberts Rules of Order for the conduct of council
meetings.
87.165 Motion was made by Enright, seconded by Nelson to adjourn the council
meeting.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
.Time: 11:05 p.m.
Respectfully submitted,rtM
Patrick E. Mc arvey, ity Cler
D ane Zaun, yor
9
:i •
CITY OF LAKEVILLE
AGENDA
COUNCIL MEETING
APRIL 6, 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 March 16, 1987, council meeting.
b. Approval of the claims for payment.
c. Receive the minutes of the following advisory .committee meetings.
Planning Commission, March 19, 1987
Park and Recreation .Committee, March 18, 1987
Cable TV Board, March 17, 1987
d. Approval of assessment abatements as recommended by Dakota County
Assessor on three parcels.
e. Approval of payment for 1987 fire fighter compensation.
f. Approval of a f arm property rent lease with Vernon C. Hallcock.
g. Approval of a release of the development contract against lots in
Barrett First Addition.
h. Approval to submit applications for LCMR/Lawcon grants for the North
Park property.
i. Approval to relocate park playground equipment from Hershey Park to
Terrace Park.
j. Resolution establishing the rules. and rental fees for use of city
paxks.
k. Adopt a resolution designating depositories.
•
CITY COUNCIL AGENDA
April 6, 1987
1. Approve plans and specifications for 165th Street sewer and water
main, improvement project 86-3, and authorize advertisement for
bids.
m. Receive Walnut Ridge EAW and authorize distribution.
n. Receive Trotter's Ridge EAW and authorize distribution.
o. Receive feasibility study for 165th Street and utility extension from
Ipava Avenue to Highview and schedule a public hearing.
p. Receive feasibility study for sanitary sewer and water main for
Cooley-Naegele property.
q. Authorize preliminary study for 1987 seal coating program.
r. Adopt resolution directing the Police Department to investigate ,
criminal history and driver's license records of applicants for
employment.
5. Continued public hearing on the. proposed utility, street and pedestrian.
way improvements on Ipava Avenue from 173rd Street north to 162nd Street
and on 165th Street east of Ipava Avenue to approximately 2,600 feet west
of Kenrick Avenue.
a. Presentation of the staff meetings with M/DOT and property owner on
part of the right-of-way needs and agreement form with Lakeville
School District.
b. Questions and comments.
c. Motion to close, or continue, the public hearing.
d. Approval of an agreement with Lakeville School District on the
purchase of 1.4 acres by the District from the City on the east side
of the new Ipava Avenue.
e. Approval of an agreement with the Winkler property owners on the
right-of-way acquisition.
f. Resolution ordering the project and authorizing preparation of .plans
and specifications.
6. Approval of the final plat, development agreement and planned unit
development stage plans for the Brackett's Phase. I townhomes and grading
plan for the Phase III single family home area of the P.U.D.
7. Approval of the preliminary plats of Lynwood North and South located
.north of 175th Street, south of 165th Street and west of Ipava Avenue.
8. Approval of Foxborough Third Addition preliminary plat located on the
west side of Cedar Avenue.
2
•
_ CITY COUNCIL AGENDA
April 6, 1987
9. Approval of the final plat and developer agreement for Cherrywood Heights
Addition.
10. Recommendation from the Planning Commission to amend the Comprehensive
Plan in planning district seven to include a portion of the area into
the Year 2,000 Urban Service Area.
a. Preliminary approval and referral to the Metropolitan Council for
approval.
11. Receive the report from the Citizen Committee on the multi-purpose
recreation/ice arena building, and recommendation to set a bond referen-
dum on phase one.
a. Resolution setting the date for a bond referendum.
12. Receive proposals and staff report on the sale of lot one, block one,
Carroll Addition, on the west side of Cedar Avenue between 161st Street
and 162nd Street and selection of a developer for the convenience
shopping center and lease of 6,100 square feet for of-sale liquor store
three.
13. Receive staff report recommending steps and schedule for the possible
sale of the on-sale liquor store, and authorize an appraisal on the
property.
14. Receive the staff report on the proposed lease-purchase of a new
building for a city hall from present funds annually received by the
City.
15. Receive and approve the 1987 utility fund operating budget.
16. Approval of participation in the 1987 Chamber of Commerce, "Commerce and
Industry Day", set for May 28, 1987.
17. Receive staff report on the need for and funding of additional city hall
staff .
18. Approval of an ordinance amending Title 7, Chapter 1, of the City Code
authorizing the Park and Recreation Director to designate parking areas
in the parks and the issuance of citations for violations.
19. Recommendation from staff on the purchase of computer equipment and
software from Ameridata for the Police Department.
20. Receive feasibility study for streets, sanitary sewer and water main for
Arkel, Cottages of Lakeville, development and schedule public hearing.
21. Receive bids and staff recommendation on equipment for off-sale liquor
stores one and two and award the contract for the equipment.
22. Any other business
23. Adjourn.
• ~ i
CITY COUNCIL AGENDA
APRIL 6, 1987
OTHER BUSINESS
a. Request to extend sewer and water to the Second Season Golf
Center property.
b. Receive the Fire Department 1986 Annual Report.
c. Approval of a special assessment agreement with Robert &
Mildred Herzberg.
d. Resolution opposing Wine & Grocery Store Bill.