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HomeMy WebLinkAbout11-02-87 • i CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 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: Councilmembers Nelson, Sindt, Harvey and Mayor Zaun. Absent: Councilmember Enright. Also present: Roger Knutson, City Attorney; Darrell Schneider, Consulting Engineer; Richard Radermacher, Chief of Police; James .Robinette, Community Development Director; Dennis Feller, Finance Director and Patrick McGarvey, City Administrator/Clerk Staff announcements: The City administrator requested the council to set a special council meeting for Wednesday, November 4, 1987, at city hall to canvass the city election results from November 3rd. 87.461 Motion was made by Harvey, seconded by Sindt to set a special council meeting for November 4, 1987, at city hall at 7:00 p.m. Roll call was taken on the motion. Ayes, Nelson,. Zaun, Sindt, Harvey. Citizen comments: There were none. 87.462 Motion was made by Sindt, seconded by Harvey to approve the consent agenda. (Council Agenda attached hereto is incorporated by reference and specifically made a part hereof . ) Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time, Darrell Schneider presented a detailed review of the proposed assessments on project 86-3, 165th Street improvement, east of Kenrick Avenue and recommended a revised assessment schedule for parcels the city had received an appeal on at the October 8th special council meeting concerning this project. Mr. Schneider pointed out that the main difference in the final cost compared to the estimated project cost at the June 26, 1986 public improvement hearing was due to the change in the storm sewer system from a rural ditch type to an urban pipe. The change was necessary to effectively accommodate the storm drainage resulting from development in the project area. Mr. Schneider showed a slide presentation on how the funding would support the final project cost, including the reduction in the assess- ments for the storm sewer on these parcels at this time, with the amount being reduced to be picked up in the future through assessment of the storm drainage costs set by council resolution every time a development agreement is approved for the undeveloped property. For the platted property, it was recommended that the council adopt a city ordinance which would impose a connection charge for the storm sewer • • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1987 system for the platted but unbuilt on parcels so that they pay the difference between the current assessment and the storm sewer plan rate at the time a building permit is requested in the future. 87.463 Motion was made by Harvey, seconded by Nelson to adopt the revisions in the assessments on parcels contained in the Exhibits dated November 2nd presented by Darrell Schneider on parcels of property as indicated in the exhibits, with the City to eventually pick up the difference in the actual storm drainage costs and the assessed cost at the time property is platted in the future through the development agreement or through a storm sewer connection charge to be imposed at the time a building permit is issued on platted property. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 87.464 Motion was made by Harvey, seconded by Nelson to take no action to reduce the assessment levied on October 8th on the Connelly Mobile Home Park for street light improvements on Kenrick Avenue. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 87.465 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 87-156 vacating a platted street right of way near Antlers Park on property owned by the Warwegs as per their request and recommendation of the Planning Commission and City staff. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. At this time, Mayor Zaun opened the public hearing on project 87-25, the extension of 175th Street east of Ipava Avenue to Highview Avenue. The City Clerk attested to the legal notice. Mr. Schneider presented exhibits explaining the scope of the project and the estimated project and the estimated project costs, which total $1,103,800 for the entire scope of the project from Ipava to Highview. Mr. Schneider indicated that since the City did not have state aid funding at this time to allow the street work to extend from Ipava to Highview, that he would concentrate on the first phase of the proposed improvement, which starts at the east side of Ipava Avenue. Mr. Schneider also indicated that the width of the street had been reduced to 36 feet wide to be consistent with the existing 175th Street between Ipava and Highway 50. With this width of street, the amount of funding from Minnesota State Aid funds is estimated at $167,750 for phase one. Mr. Schneider also indicated that there would be an eight foot wide asphalt multi purpose pedestrian trail on each side of 175th Street, with five feet of the costs to be assessed to the abutting property and three feet to be paid from the City's trail fund. Mr. Schneider also indicated that for the properties in the Dakota Heights 8th Addition who have their side yard abutting 175th Street, that one-half of the fees would be assessed with the exception of the 2 • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1987 commercial parcel at the southeast corner of Ipava and 175th, which would be for the full frontage for a commercial parcel. The total cost for phase one is estimated at $364,500 according to Mr. Schneider, of which approximately $148,480 is estimated to be assessed to benefited property in the phase one project area. Mr. John Peterson asked if money had been escrowed by the developer from the Dakota Heights 7th addition toward these improvements, and the City Administrator answered that there was none required to be escrowed back in the mid 70's when the plat was approved. Lance Johnson indicated that he did not feel there was an ample amount of benefit for the 175th Street improvement to his property at the southeast corner of Ipava and 175th Street at this time, and that the road would not go all the way to Highview Avenue until the future, at which time there would be more benefit. Julian Zweber, an attorney representing his parents who own Parcel No. 13, indicated that they do not have any interest in the project at this time, however, developers do have interest in purchasing his parents' property. He also indicated that the property is currently in Green Acres. 87.466 Motion was made by Sindt, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 87.467 Motion was made by Harvey, seconded by Nelson to order the phase one improvements for project 87-25, improvements to 175th Street at a 36 foot width and two multi purpose pedestrian trails at each side eight feet wide each, and authorize Donohue and Associates to prepare the plans and specifications for the project, Resolution No. 87-157. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 87.468 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 336 setting the monthly pay for the mayor and council members effective January 1, 1988 and January 1, 1989. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 87.469 Motion was made by Sindt, seconded. by Nelson to table consideration of the ordinance amending the zoning ordinance concerning the required side yard setback in the shore land district until the full council is present to vote on the matter. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 3 i ~ • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1987 At this time, Mr. Robert Pulscher from Springsted, Inc. presented the seven bids received on the sale of $600,000 of general obligation certificates of indebtedness for the purchase of equipment and recom- mended the council accept the low bid, which is approximately 1.6% less interest rate than the one bid received on October 19th. 87.470 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 87-158 awarding the sale of $600,000 of general obligation certificates of indebtedness to Norwest Investment Services as recommended by Mr. Pulscher. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. Mr. Pulscher also discussed with the City Council their action which they took on October 9th to award .the sale of the $5,850,000 of general obligation bonds that evening, in light of the financial market conditions on that date. Mr. Pulscher's review of the financial conditions at that time and since caused him to indicate he felt the council made a prudent decision to award the sale on October 19th when everything was considered. At this time Mr. Tom Healey from the Healey Ramme Company presented a letter requesting the council to consider the use of tax increment financing assistance to facilitate the SouthFork Village apartment project. He indicated that the tax increment assistance would be used to lower the rents the tenants would pay to make the project finan- cially feasible. Councilman Harvey pointed out the possible effect that tax increment financing may have on the school district and indicated he wished to have information concerning what it costs to provide a public school education to youngsters in the Lakeville district and approximately how many students there would be in a 200 unit apartment project of this nature. 87.471 Motion was made by Sindt, seconded by Nelson to direct and authorize the city staff to begin work on determining whether or not a tax increment financing plan should be put in place for the SouthFork Village Apartment project and report back to the City Council. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. At this time, Mr. Bill Newberg read a petition from residents along Iran Avenue expressing their concern about the added traffic that would occur from the development of the Dodd Terrace Second Addition if there are no other streets from this new addition connected to Dodd Road or 210th Street. 87.472 Motion was made by Sindt, seconded by Harvey to receive the petition from the residents along Iran Avenue. 4 • ! • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1987 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. The City Council reviewed the revised grading plan for the Dodd Terrace 2nd Addition and a report from the city staff concerning the grading plan presented. 87.473 Motion was made by Nelson, seconded by Sindt to approve a grading permit and authorize the mayor and clerk to execute it for the Dodd Terrace 2nd Addition in accordance with the revised plan received and approved by the city engineer. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. Mr. Jack Ardoyno requested the council consider allowing houses to be occupied in the Meadows 7th Addition this winter when they most likely will not have an asphalt street completed before the shutdown of the asphalt plants. The council and staff discussed the ramifications of allowing houses to be occupied on unpaved streets and indicated their concern with setting the precedent and taking steps at this time-when there still may be the opportunity for a developer to complete the necessary improvements. 87.474 Motion was made by Harvey, seconded by Sindt to table the request to allow occupancy permits on unpaved streets in the Meadows 7th Addition. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time, Mayor Zaun opened the public hearing on the assessment of delinquent utility bills. The city clerk attested to the legal notice. There was no one present wishing to speak or ask questions on the delinquent accounts to be certified. 87.475 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 87.476 Motion was made by Sindt, seconded by Harvey to approve the certifica- tion of the delinquent utility bills to the county (Resolution 87-159) Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 87.477 Motion was made by Harvey, seconded by Nelson to set a council work session for November 10, 1987, at 7:00 p.m. at city hall to discuss the Metropolitan Airports Commission proposal for the Airlake Airport expansion. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 5 • • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1987 The City Administrator briefly discussed. with the Council the status of the sale of the Lakeville Liquor Store and indicated that a counter offer had been received from Tom Weiss and Barbara Ankrum for the purchase of the store, and that the matter would be reviewed by the City Attorney as to the preparation of a second mortgage by the City to the buyer to help finance part of the sale. Mr. Steve Grohoski questioned the City Council concerning the precedent of allowing a new business to begin in Lakeville via the use of a temporary facility, as being requested by the Marquette Bank. The matter is set for a public hearing in front of the Planning Commission at a special meeting on November 12, 1987. g7,47g Motion was made by Sindt, seconded by Nelson to adjourn the meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. Time: 10:30 p.m. Respectfully-,submi ed, Patrick E. McGarvey, City Cler Du ne Zaun, M y r 6 E. ~ ~ • # CITY OF LAKEVILLE AGENDA COUNCIL MEETING NOVEMBER 2, 1987 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 'L. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the October 19, 1987, council meeting. b. Approval of the claims for payment. c. Keceive the minutes of the following advisory committee meetings. Planning Commission, October 15, 1987 Park and Recreation, October 21, 1987 Economic Development Commission, October 28, 1987 d. Approval of change orders number 3 and 4 with Fullerton Lumber Company on fire station three in the amounts of $3,651.99 and $4,105.OU. e. Approval of the extension of the completion date for fire station three with Fullerton Lumber Company to November 18, 1987. f. Resolution authorizing condemnation of property for public street, drainage and utility purposes in connection with improvement project 87-14, 185th Street between I-35 and Highway 50. g. Resolution authorizing condemnation of property for public street, drainage and utility purposes in connection with Improvement Project 87-4, 165th Street extension between Ipava and Highview Avenue. h. Approval of specifications and authorization of a public bid for a dump truck, snow plow and sanding equipment, and set the bid date for November 20, 1987. i. Approve agreement between M/DOT, Dakota County and Lakeville for cost, maintenance and operation of hazard identification beacons at T.H. 50 and C.S.A.H. 9. ~ CITY COUNCIL AGENDA NOVEMBER 2, 1987 j. Approval of an assessment abatement for Julian Sauser as recommended by the Dakota County Assessor's Office. k. Approval of special assessment agreement with Michael J. & D. Jean Rudiger for sewer and water to a newly created lot at 19629 Jersey Avenue. 1. Resolution repealing Resolution No. 85-103, I-35 Redevelopment Project No. 2, the Power Center Project. m. Approval of a 1987/88 ski grant agreement with the D.N.R. in the amount of $5,100. n. Approval of a temporary construction easement agreement with Walnut Ridge Development Corporation for Project 87-4, 165th Street. o. Approval of an easement agreement with Poquette L & L, Inc. for Project 86-15, 165th Street and Ipava Avenue. p. Approval of an easement agreement with Poquette L & L, Inc. for Project 87-4, 165th Street. q. Approval of a special assessment agreement with National Electric, Inc. r. Approval of billboard licenses for John Young, Nolan Brothers, Inc., Schubert's Advertising and U.S. Bench Corp. 5. Report on assessment appeals received at the special council meeting on October 8, 1987, and recommendations on each appeal. a. Project 86-3, 165th Street Utilities and Streets Frontier Companies Charles McCarty Bruce Hansen William Jackson Delta Action John Connolly b. Project 84-19B, Kenrick Avenue Street Lights Patrick Connelly 6. Resolution vacating certain platted street right-of-way within property owned by the Warwegs near Antlers Park. 2 ^ ~ CITY COUNCIL AGENDA NOVEMBER 2, 1987 7. Public hearing on the proposed extension of 175th Street east of Ipava Avenue to Highview Avenue, Project 87-25. a. Attest to legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution ordering the project and authorizing preparation of plans and specifications. 8. Adopt ordinance amending the City Code, Title 1, Chapter 5, setting the monthly salary for Mayor and Council members effective January 1, 1988 and January 1, 1989. 9. Adopt ordinance amending Ordinance No. 167, Section 47.5, subsection 1)g) making the required side yard setback in the shoreland district on all lots of record platted prior to January 18, 1980. 10. Resolution awarding the sale of $600,000 of General Obligation Certifi- cates of Indebtedness for purchase of equipment. 11. SouthFork Village apartment project review and request for tax increment financing assistance to reduce initial rent rates. 12. Approval of a concept development plan and grading plan agreement for the Dodd Terrace Second Addition area located east of Dodd Terrace Addition on the east side of Iran Avenue north of 210th Street, with J & ll Dakota Enterprises. 1:~. Public hearing on certification of delinquent utility bills to the County Auditor. a. Attest to legal notice. b. Questions and comments. c. Piotion to close the public hearing. d. Resolution adopting the certification of delinquent bills. 14. Any other business. 15. Adjourn. 3