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HomeMy WebLinkAbout09-08-87 CITY OF LAKEVILLE COUNCIL .MEETING SEPTEMBER 8, 1987 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: Councilmembers Nelson, Enright, Sindt, .Harvey, and Mayor. Zaun. Also present: Roger Knutson, City Attorney; .Daryl Zuelke, Consulting City Engineer; James Robinette, Community Development Director; Steve Michaud, Park & Recreation Director; Baldev Josan, Assista~it Community Development Director; Patrick aeGarvey, City Administrator/Clerk. Staft announcements: DarylLuelke advised the council that Item 4s on the consent agenda should also include approval of change order number two or project 87-2 and 87-3 in the amount of $20,170 to provide the storm sewer work on the Hamburg Avenue project No. 87-8. The city attorney advised the council of a request to have approval of payment to George Warweg in the amount of $6,090.36 for P~ir. Warweg's expenses involved with the City's condemnation of a parcel of land from Mr. Warweg for an addition to Antlers Park, which was later terminated by the City Council. State law requires that the City reimburse the property owners for their expenses. Citizen comments: ibis. Faith McKay presented a proclamation to the. mayor.. 87.371 lfayor Zaun read the proclamation, and a motion was made by Sindt, seconded by Harvey to authorize the mayor to sign it. Poll call was taken on the motion. Ayes, Nelson, 'Laun, Enright, Sindt, Harvey. 87.372 Motion was made by Harvey, seconded by Nelson to authorize the mayor to sign a proclamation declaring the celebration of Citizenship Week. Roll call was taken orr the motion. Ayes, 'Laun, Enright, Sindt, Harvey, Nelson. Consent agenda: Councilman Harvey removed items 4o and 4q from the consent agenda and added item 16 to the consent agenda. Councilmember Sindt added Other Business items 18a, c, d, e, f and g to the consent agenda. 87.373 Motion was made by Harvey, seconded by Enright to approve the consent agenda as amended. (Council Agenda attached hereto is incorporated by reference and specifically made a part hereof.). • CITY OF LAKEVILLE COUNCIL MEETING September 8, 1987 ~ K k Ro11 call was taken on the motion.. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.374 Motion was made by Harvey, seconded by Nelson to approve a request from the City of Lakeville to the Minnesota Department of Transportation to conduct a traffic study in order to determine the appropriate speed limit for Judicial Road between 168th Street and the Burnsville border. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Steve Michaud advised the council of the areas where the plans and specifications for completion of the missing links in the city trail system were being requested for council approval for the taking of bids. 87.375 Motion was made by Harvey, seconded by Sindt to approve the plans and specifications for taking of bids on the completion of segments of the City multi-purpose pedestrian trail system as recommended by the Park & Recreation Director. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time Mayor Zaun read the eight points contained in the draft of the conditional use permit proposed to be approved for the Amoco Oil Company planned unit development conditional use permit on the former Power Center site next to Highway 50. Mr. Alan Czanstkowski, the development engineer for Amoco, addressed the council to present the plan for the Amoco PUD conditional use permit and indicated that items land 6 as required in the conditional use permit draft had already been completed by the parties involved. He also stated that the facility would have no diesel fuel facilities as a part of it. Mayor Zaun pointed out that the need for the variance on the free standing sign in front of the facility on Highway 50 was in part justified due to the taking of some of the property of this. parcel for the Highway 50 highway improvement project. 87.376 Motion was made by Enright, seconded by Sindt to approve .the planned unit development conditional use permit draft dated September. 8, 1987, and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, the City Council took up approval of the final plat of Cedar Glen Addition located on the west side of Cedar Avenue south of 162nd Street. Larry Peterson cautioned the council to be concerned with the storm drainage in this area of the city as additional plats 2 CITY OF LAI~EVILLE COUNCII. MEETING September $ , 1987 are approved. The mayor assured 'rir. Peterson that the engineering consultant would pay special attention to providing adequate storm drainage systerti improvements. 87.377rlotion was made by Enright, seconded by Nelson to adopt Resolution No. 87-119 approving the final plat of Cedar Glen Addition and authorizing the mayor and. clerk to execute the development agreement, and approving a minor comprehensive plan amendment to include the final plat area in the 1990 urban service area. Ro11 call was taken on the motion. Ayes, Nelson,Laun, Enright, Sindt. Nays, Harvey. Councilman Harvey voted "No" because of the R-3 size zoning for .lots within the plat. Mr. Scott Johnson .presented the preliminary plat of Lynwood East Addition. 87.378 Aiotion was made by Enright, seconded by llarvey to approve the preliminary .plat of Lynwood East Addition with the stipulation that the staff check into the feasibility for the need of a trail in the Lynwood East addition south into the Harstad property, if necessary, and would then be shown on the final plat. Ro11 call was taken on the motion. Ayes, Zaun, Enright, 5indt, Ilarvey, Nelson. 87.379 Motion was made by Nelson, seconded by Sindt to adopt Resolution. No. 87-120 approving .the final plat of Lynwood North 2nd Addition and authorizing the mayor and clerk to execute the development agreement, and approving a minor comprehensive plan amendment to include the area in the 1990 urban service area. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 87..380 Motion. was made by :.might, seconded by Nelson to adopt Resolution No. 87-121 approving the final plat of Crystal Ridge Estates-and authoriz- ing the mayor and clerk to execute the development agreement and to approve a minor coraprehehsive plan amendment to include the area in the 1990 .urban service area. .Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson,Laun, .Enright. 87.381 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 87-122 approving the final plat of Brackett's Townhomes 2nd Addition and authorizing the mayor and clerk to execute the addendum to the development agreement, and approving the minor comprehensive plan. amendment to include the area in the 1990 urban service area. 3 • • CITY OF LAKEVILI,E COUNCIL MEETING September 8, 1987 t A Roll call was taken on the motion. Ayes, Harvey, Nelson,Laun, Enright, Sindt. At this time, ~4ayor Zaun opened the public hearing on Project 87-22, the proposed improvement of Junelle Path south of 175th Street and 176th Street from Highway 50 to Junelle Path. The City Clerk attested to the legal notice, but indicated that the consulting engineer had failed to include the estimated cost of the additional right-of-way necessary to construct the public improvements along these roads, which would substantially increase the estimated cost of $278,050. For that reason, there would need to be a new public hearing called by the City Council because of this increased cost for the right-of-way, assuming the property owners along the project area would not dedicate the additional right-of-way. Mr. Daryl 'Luelke went ahead and presented the proposed project to the. audience present and indicated that the proposed street width would be 44 feet wide with concrete curb and gutter on nine ton desibn, with a 66 foot wide right-of-way for these roads. The present right-of-way is only 33 feet. Mr. Zuelke indicated that there are no trunk size utilities included in the project. The revised estimated cost for the project, Mr. Zuelke indicated, including right-of-way estimates, would be $441,795 rather than $278,050. The revised copy of Exhibit H of the feasibility report showing the right of way costs included was presented to those wishing a copy. The city administrator explained the assessment policy of ttie city for this type of an improvement project which could provide for assessments of up to 20 years, with interest on the unpaid principal due each year on the tax statement. rir. Jerry Wicklund made a point that his property is currently in line to be assessed for frontage on Highway 50, frontage on 176th Street and on Junelle Path, which he felt was excessive. The city administrator pointed out that due to the condition of Mr. tJicklund's property at the corner of Junelle Path and 176th Street, it was doubtful that the property could be considered buildable unless steps were taken to take out the unsuitable soils in that area and replace it with soils capable of supporting buildings or parking lots.. Unless that is done, it would possibly be inappropriate to assess that portion of l~tr. Wicklund's property for. the frontage on Junelle Path. Dean Undessor asked why it was necessary to put improvements along 176th Street to serve the Wicklund or Pastoret property when they would have utilities at the Highway 50 and Junelle Path. end of their parcels. Mr. 'Luelke indicated that they proposal to extend the utilities along 176th Street was in the event the property owners would choose, after city sewer is available, to subdivide the larger parcels into three smaller parcels. The discussion centered on the possibility of eliminating the need for the utility line along 176th Street. 4 • . CITY OF LAKEVILLE COUNCIL MEETING September 1y87 E , Mayor Zaun pointed out that the council was .presenting this proposed improvement to those present in an effort to stay on top of the development in that area of the city and would be willing to address the scheduling of the project and design of it .with the property owners further before making any decision on whether to order any part of or all of .the proposed improvements. The city administrator suggested that the property owners involved in some of the parcels consider joining together in the redevelopment of their property and make corrections in the soil conditions, which would improve the buildable condition of their property and its value for new commercial development. 87.382 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 87.383 Motion was made by Harvey, seconded by Nelson to deny ordering Improve- ment Project 87-22 due to the defective legal notice. RoII call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mayor Zaun opened the public hearing on the proposed .assessment of lots 22 .and 23, Argonne Farms, for the cost the city incurred in removing a hazardous building on the property. The City Clerk attested to the legal notice. There was no one present wishing to speak on the project and its assessment. .87.384 .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. 87.385. Motion was made by Harvey, seconded by Sindt to adopt the assessment .roll against lots 22 and 23, Argonne Farms. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. The City Administrator presented a letter from Centel Telephone Company to the Council inquiring as to whether the City. would be willing to sell a 30 foot by 30 foot parcel off from the Fire Station #3 city property for a telephone utility building, which would be constructed out of materials consistent with the new fire station. The administra- 5 • ~ • CITY OF LAKEVILLE COUNCIL i~iEETING September 8, 19$7 for recommended the matter be referred to staff for review as to what an appropriate location would be on the property for this 30 foot by 30 foot parcel in accommodating t1?e utility building. The city attorney advised the council to include covenants against the parcel to prevent its use for any other purpose other than a utility building due to the substandard size of the parcel. 87.38b Motion was made by Harvey, seconded by Sindt to receive the request from Centel Telephone and refer it to staff for approval of the 30 foot by 30 font possible location. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. rir. Steve Michaud presented the trails plan of 1987 to the City Council and recommended the council adopt it as recommended by the Park and recreation Committee. 87.387 Lotion was made by Harvey, seconded by Sindt to adopt the 1987 compre- hensive trail plan. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.388 tlotion was made by Harvey, seconded by Nelson to approve a listing agreement with Edina Realty Business Division for .the sale of up to 76 acres of the city property near the I-35/County Road 70 water tower and authorize the mayor and clerk to execute the agreement. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 87.389 Motion was made by Sindt, seconded by Harvey to appoint Mr. Gregory J. Maliszewski to the Cable TV Board for a term which will expire on January 1, 1988. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 87.390 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 87-124 stating the City Council's support for Lakeville being included in the South Yletro Drug Task Force. roil call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time Councilman Nelson brought up the need for taking action to prevent businesses or individuals from putting equipment on the public sidewalks in downtown Lakeville because of the risk to the pedestrians and the liability it presents to the City. 6 CITY OF LAKEVILLE COUNCIL MEETING September 8, 1987 87.391 Piotion was wade by Enright, seconded by ~iarvey to request the Park and Recreation Committee and Natural Resources Committee to look into the use of Kingsley Lake for highspeed boat water skiing and any possible adverse effects on the ecology of the lake. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, councilman Nelson had to leave to go to work. 87.392 notion was made by Harvey, seconded by Enright, to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. Time: 10:04 p.m. Respectfully submitted: atrick E. F~cGarvey, City C rk Du• ne Zaun, or 7 r T ~ • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING TiJE SDAY SEPTEMBER 8, 1987 7:00 P.M. Call ao order. Flag pledge. 1. Ro11 call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the August 17,.1987, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, August 20, 1987 Parka Recreation Committee, August 19, 1987 Natural Resources Committee, August 18, 1987 d. Set council work sessions for September 14th and September 28th at 7:00 p.m. at city hall. e. Adopt resolution calling the assessment hearing on project 86-10, Oak Shores 3rd Addition utility and streets, for October 1, 1987, at 7:00 p.m. f. Adopt resolution calling the assessment hearing on .project 87-8, sealeoating and overlay of Hamburg Avenue, for October 1, 1987,. at 7:30 p.m. g. Adopt resolution calling- the assessment hearing on project 86-3, utilities and 165th Street improvements from Kenrick to approximate- . ly 2,600 feet east of Kenrick, for October 1, 1987, at 7:45 p.m. h. Adopt resolution calling the assessment hearing on project 84-19, utilities and street improvements on Kenrick Avenue north of Highway 50, for October 1,.1987, at 8:00 p.m. a~ ' • CITY COUNCIL AGENDA September 8, 1987 i. Adopt resolution calling the assessment hearing on project 87-15, utility extension to two lots on the south side of County Road b4, for October 1, 1987, at 8:15 p.m. j. Adopt resolution calling the assessment hearing on project 87-2, improvements to Valley Park 8th Addition, Phase 4, for October 1, 1987, at 8:15 p.m. k. Adopt resolution calling the assessment hearing on project 87-3, improvements to SouthFork Apartment plat phase two, for October 1, 1987, at 8:15 p.m. 1. Adopt resolution calling the assessment hearing on project 85-11, utility extension along Cedar Avenue, for October 1, 1987, at 8:30 p.m. m. Resolution approving a negative declaration on the E.A.W. for the Cherryview Addition. n. Resolution approving a negative declaration on the E.A.W. for Homestead Creek. o. Request to perform traffic study and set speed limit for Judicial Road between 168th Street and Burnsville border. p. Approval of easement agreements on parcels 4A, 5A, 7A, 8A, 9A and 9B, Clay's Acres Ponding, and Parcels 1, 2, 3, 5, 6 and 7, with the Hammer and Meadows families for the Lake Marion Outlet drainage project and pedestrian trail. q. Approve plans and specifications for MPTW and authorize advertise- merit for bids to be received on October 1, 1987. r. Receive engineers memorandum on flooding from July 20th and July 24th storms. s. Award contract for Hamburg Avenue overlay, improvement project 87-8. t. Award contract for Carroll property, improvement project 87-9. u. Approval of an easement agreement with Mrs.. Lyden and Mr. & Mrs. Jarvis on the Kenrick/Junelle Path/173rd Street improvement pro- ject. v. Approval of a subordination, non-disturbance and attornment agree- ment for Off-Sale Liquor Store ~1 with Midwest Federal Savings and Loan Association. S. Application of Amoco Oil Company for a planned unit .development condi- tional use permit to build a food-fuel facility at the corner of 175th Street Court and Highway 50. 2 r` ~ • CITY COUNCIL AGENDA September 8, 1987 6. Resolution approving the final plat of Cedar Glen Addition located on the west side of Cedar Avenue south of 162nd Street, approval of the developer agreement and a minor comprehensive plan amendment to include the first addition in the 1990 Urban Service Area. 7. Approval of the preliminary plat of Lynwood East Addition adjacent to the west side of Ipava Avenue. 8. Resolution approving the final plat of Lynwood North Second Addition located west of Ipava Avenue, approval of the developer agreement and minor comprehensive plan amendment to include .the area in the 1990 Urban Service Area. 9. Resolution approving the final plat of Crystal Ridge Estates located between 162nd and 165th Streets, approval of the developer agreement and minor comprehensive plan amendment to include the area in the 1990 Urban Service Area. 10. Resolution approving the final plat of Brackett's Townhomes 2nd Addition located east of the first addition, south of the clubhouse, approval of the developer agreement and minor comprehensive plan amendment to include the area in the 1990 Urban Service Area. 11. Public hearing on proposed utility and street improvements to Junelle Path south of 175th Street and 176th Street between Highway 50 and Junelle Path, Improvement Project 87-22. a. Attest to the legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution ordering, or denying, the project. 12. Public hearing on the proposed assessment of Lot 23 and Lot 24, Argonne Farms, for removal of a hazardous building. a. Attest to the. legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution adopting the assessment. 13. Receive an offer from Gentel to purchase a 30' x 30' parcel of land from the city near Fire Station 3, and approval to sell. 14. Review of the comprehensive Lakeville Trails Plan of 1987. a. Approval of the plan. 15. Approval of a listing agreement with Edina Realty Business Properties Division to sell up to 76 acres of city land near County Road 70 and. I-35. 3 *i ~ • • CITY COUNCIL AGENDA September 8, 1987 16. Receive the proposed 1988 General Fund Budget. 17. Appointment to a vacancy on the Cable T.V. Board. 18. Any other business. a. Approve a partial release of easement on the Church of God property. b. Resolution supporting the establishment of a South Metro Drug Enforcement Task Force. c. Approve an easement agreement on the Cedar Avenue watermain project. d. Approve change order No. 2 on Project 87-2 and 87-3. e. Approve agreement with M/DOT for downtown crosswalk. f. Receive offer from Thomas Weiss on purchase for the on-sale liquor store. 19. Adjourn. 4