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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.