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HomeMy WebLinkAbout12-15-86 1 y w~ ~ • i r ° ~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1986 The meeting was called to order by Mayor Zaun at 7:10 p.m. 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: Patrick Farrell, City Attorney; Darrell Schneider, Consulting City Engineer; James Robinette, Community Development Director; Barry Christensen, Fire Chief; Dennis Feller, Finance Director; Patrick McGarvey, City Administrator/Clerk; Richard Rader- macher, Chief of Police. Staff announcements: The City Administrator advised the council of six additional items to be taken up under Other Business on the council agenda. Citizen comments: There were none. Councilmember Sindt removed consent agenda item 4a for additional consideration. 86.509 Motion was made by Sindt, seconded by Harvey to approve consent agenda items 4b through 4n. (Council Agenda attached hereto is incorporated by ref erence and specifically made a part hereof . ) Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. Councilman Harvey pointed out that the two consent agenda items acted upon separately at the December 1st council meeting should be identi- fied in the motion to provide a clear historical record. Councilmember Sindt pointed out a spelling error. 86.510 Motion was made by Harvey, seconded by Sindt to approve the minutes of the December 1, 1986, council meeting as corrected. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. At this time Mr. Robert Pulscher from Springsted, Inc. addressed the City Council and presented his recommendations for ref unding of two existing city bond issues to reduce the total interest cost on the bond issues. Mr. Pulscher indicated that the City could save several hundred thousand dollars on the issues in interest costs by ref unding and taking advantage of the lower interest rates now in effect compared to when these bond issues were initially sold. . • • J CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15 , 1986 86.511 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 86-143 ref unding the 1981 Tax Increment Bonds sold for the Despatch Industries/Fire Station One project. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 86.512 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 86-144 refunding the 1984 General Obligation Improvement Bonds. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. At this time Mr. Donald McGuire and Mr. Vic Kohlnhofer appeared bef ore the council on behalf of the Lakeville Lions Club to present the lease to rent 50 square feet of space in the Lakeville municipal on-sale liquor store for the sale of pull tabs. They propose to begin their operation on February 1, 1987, and to pay $500.00 per month for the lease. The council, applicants, and staff discussed the matter and decided to add to the lease a stipulation that either party could cancel the lease with 60 days written notice from the other party. 86.513 Motion was made by Harvey, seconded by Nelson to approve a lease as amended with the Lakeville Lions Club, adding the 60 day cancellation notice provision, and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 86.514 Motion was made by Sindt, seconded by Nelson to approve the Lakeville Lions Club application to the Minnesota Charitable Gambling Board for a pull tab license. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. At this time Mayor Zaun read the findings of fact pertaining to the denial of the variance request on the application of Eagle Enterprises for a 15 foot sideyard setback variance for their medical office building at the corner of Highway 50 and 176th Street. Mr. Einess, was given a copy of the findings of fact and stated that he felt the document was accurate, however, he did take exception to Item No. 11 in the findings . 86.515 Motion was made by Harvey, seconded by Nelson to adopt and approve the findings of fact and decision denying the variance. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. At this time the city administrator advised the council of the staff recommendation for a moratorium ordinance on the issuance of any conditional use permits under the Interstate Corridor District zoning for the purpose of allowing the planning consultant and planning 2 ~ • • . CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15 , 1986 commission time to study appropriate land use goals for that district. There was no one else present wishing to speak on the proposed ordi- nance. 86.516 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 303 temporarily prohibiting the issuance of certain conditional use permits in the interstate corridor zoning district. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 86.517 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 86-145 directing Northwest Associated Consultants to prepare a land use study for the interstate corridor zoning district. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time the city administrator explained that a letter had been received from Mr. Larry Thompson, City Administrator for Farmington, with a resolution requesting the City of Lakeville to consider allowing Farmington to annex an 80 acre tract of land on the east side of Flagstaff Avenue adjacent to the Lakeville/Farmington border. The request had come to the City of Farmington from the property owner because this property is outside of the year 2000 Urban Service Area in Lakeville and not scheduled for urban development. Mr. Stegmaier, the owner of the property, would like to sell the farm to a developer who wishes to develop it for single family housing. Mr. Larry Thompson explained that the resolution was offered as a friendly request from the City of Farmington to the City of Lakeville based upon a request from the property owner. Mr. James Gardner, speaking for Gardner Bros. Developers, indicated he felt the City of Lakeville should allow Farmington to annex this property because Lakeville had been shaf ting Farmington by not allowing development in this area of the City of Lakeville, therefore not filling up the Farmington school district. He also indicated that if the property were allowed to be developed by Farmington, he could have smaller lots and build smaller houses than are currently allowed by the Lakeville zoning requirements. The City Council also received staff reports from the city engineering consultant and planning consultant and recommended that the property not be allowed to be annexed by the City of Farmington voluntarily by Lakeville. 86.518 Motion was made by Sindt, seconded by Harvey to deny the request from the City of Lakeville to annex 80 acres on the east side of Flagstaff Avenue adjacent to the city boundaries. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 3 • • • r ' CITY OF LAKEVILLE COUNCIL MEETING ' ~ DECEMBER 15 , 1986 86.519 Motion was made by Sindt, seconded by Harvey to authorize and direct Northwest Associated Consultants to look at the future land use objectives and scheduling for urban development in the northeast area of the City of Lakeville and report to the planning commission and council on their findings. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 86.520 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 86-146 calling a public hearing for public improvements in the Jewel Acres Addition area for January 19, 1987. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time the city administrator recommended to the council that they table approving the final plan of Barrett Third Addition and the development agreement until of ter the city staff has presented to the council an agreement between the city and the Dakota County Soil and Water Conservation District which would set forth new requirements and procedures for implementing erosion control measures and land develop- ment. The staff indicated that the agreement would be on the January 5, 1987, council agenda between the city and county. Mr. Steve Grohoski was present and indicated he did not object to tabling the plat; however, he raised a question about what fee schedule he would come under for various city fees if the plat is tabled to allow the city to adopt other measures and then handle later when possible new fee schedules are in effect. 86.521 Motion was made by Harvey, seconded by Nelson to table the final plat approval of Barrett Third Addition until the January 19, 1987, council meeting. Roll call was taken on the motion. Ayes, Zaun,. Sindt, Harvey, Nelson. 86.522 Motion was made by Harvey, seconded by Sindt to approve a joint power agreement for fire training facilities with the cities of Burnsville, Apple Valley, and Eagan, and authorize the moyor and clerk to execute it, with the funding for the Lakeville share coming from possible funds that may be left after the construction of Fire Station No. 3 from the bond issue and/or future appropriation from the general fund balance. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 86.523 Motion was made by Nelson, seconded by Sindt to receive the staff report and adopt Resolution No. 86-147 declaring a negative declaration for an environmental impact statement for the Oak Shores, Jackson 1st Addition, and Rolling Oaks improvement project. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 4 • • • . ~ CITY OF LAKEVILLE COUNCIL MEETING ~ DECEMBER 15, 1986 86.524 Motion was made by Nelson, seconded by Sindt to approve the by-laws for the Lakeville police reserves and adopt Resolution No. 86-148 setting a policy and fee schedule and charging for services from the police reserves. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time, Mr. Darrell Schneider presented the bids received for the first phase of improvements in Casperson Park and recommended that the contract be awarded to the low bidder, Valley Paving, in the amount of $130,260.20, which was $12,000 below the engineer's estimate for this work. The park and recreation director and engineer presented a site plan showing where some of the major improvement work is to be located in Casperson Park and where certain areas of the road or parking lots are to be paved with asphalt. 86.525 Motion was made by Harvey, seconded by Sindt to receive the bids and award the contract to Valley Paving, Inc. in the amount of $130,260.20 for Casperson Park phase one improvements. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. At this time, the city council reviewed the revised purchase agreement and extended option with Mick Tingelhoff for the Power Center property. Councilman Harvey pointed out that the purchase agreement did not include the change whereby the City would not be responsible for any additional interest on the purchase of the property after December 3, 1986. The city attorney advised the council that he would correct the purchase agreement, taking out the wording ref erring to the city payment of additional interest. 86.526 Motion was made by Harvey, seconded by Nelson to approve a revised option and purchase agreement with Mick Tingelhoff for the Power Center property, with the provision that no interest is due from the City from December 3, 1986, to the date of closing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. The city administrator explained to the council that there would be a joint meeting of the various city officials from District 14 of the Metropolitan Council to listen to candidates who wish to be appointed by the governor to serve as a representative of District 14. The meeting will be held at the Scott County Courthouse in Shakopee on December 23, 1986, at 7:00 p.m. 86.527 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 86-149 amending the 1986 General Fund Budget. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 5 • ~ • t CITY OF LAKEVILLE COUNCIL MEETING ~ ~ ~ DECEMBER 15, 1986 86.528 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 86-150 amending the 1986 Revenue Sharing Budget. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. The Park and Recreation Director, Steve Michaud, presented a recommen- dation from the Park and Recreation Committee to increase the fee schedule for park dedication fees to change in terms of payment for the park dedication fees so that they would all be due and payable at the time the final plat is approved by the city council. The city adminis- trator pointed out that the staff consultants were working on an updated and more complete trail system comprehensive plan for the city, along with cost estimates and funding alternatives. It was suggested that the council might want to table raising the park fees until they have the cost requirements of this plan available to them to help determine what an appropriate park dedication fee would need to be to adequately fund park development and trail development. 86.529 Motion was made by Sindt, seconded by Harvey to receive a recommenda- tion from the Park and Recreation Committee and postpone setting the new fee structure and terms until the trail system plan and costs are finished. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 86.530 Motion was made by Harvey, seconded by Sindt to approve the agreement with Goodwill Industries for the recycling center and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. Councilman Harvey pointed out that some communities drive Volvos for police cars and have found them to be more efficient when a total cost approach is used to evaluate the purchase price of a vehicle plus its operating costs over a period of time. He indicated that while the initial purchase price may be higher for some vehicles, their lif e expectancy may be greater and their perf ormance more efficient, bringing the total cost of owning and operating the vehicle down compared to the initial cheaper purchase price of a vehicle. 86.531 Motion was made by Sindt, seconded by Harvey to authorize the purchase of two new squad cars for the police department from Zane Hawkins Polar Chevrolet in the amount of $11,433.00 each through the Hennepin County Purchasing System, and authorize the purchase of a truck for the police department from Belzer Chevrolet in the amount of $13,477.76 as the low quote, with the staff instructed to look into more efficient total cost vehicles for the department for future purchasing. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 6 '•c ~ ~ • . CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1986 86.532 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 86-151 on the $3.5 million industrial development revenue bond sale terms for the Mills Fleet Farm project as recommended by John Kirby, city bond attorney. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time Councilman Nelson had to leave the meeting to go to work. The park and recreation director presented a recommendation from the park and recreation committee and himself with a report from the city attorney indicating that the city should probably drop the purchase of the three to four acres of property from George Warweg for the expan- sion of the Antlers Park parking lot due to the higher commissioners award through condemnation and the fact that the property owner had appealed the decision to the district court. It was pointed out that the city budget for purchase of this property had already been exceeded by the award, and that the likelihood could be that a jury would award a higher figure yet. 86.533 Motion was made by Sindt, seconded by Harvey to dismiss the condemna- tion action on the Warweg property for the expansion of Antlers Park. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. The city administrator advised the council that no action would be needed on the recommended suspension, or termination., of an employee at the liquor store because the employee had resigned. 86.534 Motion was made by Sindt, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. Time: 10:15 p.m. Respectf ully submitted, r° ~ Patrick E. McGarvey, City Clerk Duane Zaun, Ma 7 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING December 15, 1986 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 December 1, 1986 council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meet- ings. Planning Commission, December 4, 1986 Park and Rec Committee, December 3, 1986 Cable TV Board, November 18, 1986 d. Approve the final payment and accept Kenrick-Kenyon Overlay, Meadows West and Lake Marion Estates, Improvement Project 86-7. e. Approve the final payment and accept Clay's Acres, Improvement Project 85-9. f. Approve the final payment and accept Cedar Avenue and Grenada Avenue, Improvement Project 85-11. g. Approval of a change order to extend the completion date for Kenrick Avenue and Junelle Path, Improvement Projects 84-19 and 85-5 to November 15, 1986. h. Approval of a wine license for Zak's Restaurant. i. Approval of on-sale and off-sale 3.2 beer license renewals. j. Approval of cigarette license renewals. • Council Agenda December 15, 1986 k. Approval of rubbish hauling license renewals. 1. Approval of dance/cabaret license renewals. m. Approval of mechanical amusement device license renewals. n. Approval of an easement agreement with H. Gertrude Lyden and family on parcel 4 f or Project 85-5. 5. Approval of a gambling license application for submittal to the Minnesota Charitable Gambling Control Board and approval of a lease with the Lakeville Lion's Club to use an area in the on-sale municipal liquor store to conduct their gambling operations. 6. Adoption of the Findings of Fact and Decision on the application of Eagle Enterprises for a fifteen foot variance on the setback of a medical office building at the corner of Highway 50 and 176th Street. 7. Adoption of an ordinance temporarily prohibiting issuance of certain conditional use permits in the Interstate Corridor Zoning District. 8. Adoption of a resolution directing the City's Consulting Planners to prepare a land-use study of the Interstate Corridor Zoning Dis- trict. 9. Receive a resolution from City of Farmington relating to the detachment and annexation of a parcel of land from Lakeville to Farmington, adjacent to Pilot Knob Road, and a city staff report on the matter. a. Action on the request. I0. Receive the preliminary report and call a public hearing for Project 86-16, Sanitary Sewer, Watermain, and Street Improvements for Jewel Acres Addition. 11. Resolution approving the final plat of Barrett's Third Addition, and approval of the development agreement. 12. Receive the fourth draft of the proposed joint power agreement for fire training facilities with the Cities of Burnsville, Apple Valley, and Eagan; and a staff report on the funding sources for the Lakeville share of the cost. a. Approval of the agreement. 2 • Co ncil Agenda December 15, 1986 13. Receive staff report on the schedule for the Council to adopt the findings of fact for the Oak Shores, Jackson First Addition, Rolling Oaks E.A.W. and a negative declaration for an E.I.S. with provisions for further study of phosphorus delivery to Crystal Lake and the control of it. 14. Resolution adopting the by-laws for the Lakeville Police Reserves. 15. Receive the bids and recommendations on the phase one improvements for Casperson Park. 16. Approval of an amended option agreement with Mick Tinglehoff on the Power Center property adjacent to Highway 50. 17. Discussion on the Council input at a meeting of local government jurisdiction to make a recommendation to the Governor for his appointment of the District 14 Metro Council Representative for a term beginning in 1987. 18. Resolution amending the .1986 General Fund Budget. 19. Resolution amending the 1986 Revenue Sharing Budget. 20. Receive recommendation of the Park and Recreation Committee for changes in the fee schedule and terms of payment for park dedica- tion. 21. Any other business. 22. Adjourn. 3 • • • - ~ Council Agenda December 15, 1986 ANY OTHER BUSINESS 21a. Resolution concerning the 3.5 million dollar Industrial Develop- ment Revenue Bond sale terms for the Mills Fleet Farm Project now under way. b. Approve Recycling Center Agreements for 1987. c Approve purchase of two police cars and one truck. d. Recommendation from Park and Recreation Director and City Attorney on the purchase of Warweg Property next to Antler's Park. e. Suspend and termination of liquor store employee. f. Recommendation from Springstedt Corporation for setting of bond sales to refinance obligation bonds to take advantage of lower interest rates available now. 4