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HomeMy WebLinkAbout08-18-86 Y ~ • s 4 CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1986 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, Sindt, Enright, Harvey and Mayor Zaun. Also present: Roger Knutson, City Attorney; Keith Nelson, City Engi- neer; David Licht, Planning Consultant; Keith J. Anderson, Engineer from Donohue and Associates; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The city administrator advised the council of three items of business under Other Business on the council agenda. Citizen comments: JoAnn Lambert presented a petition to the City Council which she stated contained the names of 36 people involved with the Judicial Road, 162nd/163rd Street and Linch Path road improvement project who were in opposition to the project. 86.330 Motion was made by Harvey, seconded by Nelson to receive the petition from Ms. Lambert. Roll call was taken ors the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. Mr. Louie Helkenn addressed the council and issued a complaint about the construction along 173rd Street. 86.331 Motion was made by Sindt, seconded by Harvey to add the three Other Business items on the council agenda to the consent agenda as shown on the attached agenda. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. Councilman Harvey removed items 4a and 4b from the consent agenda. 86.332 Motion was made by Enright, seconded by Sindt to approve the consent agenda as amended and as attached to these minutes. (Council Agenda attached hereto is incorporated by reference and specif ically made a part hereof . ) Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. Councilman Harvey pointed out that motion 86.309 in the August 4th council minutes needed to have additional language ref erring to the consent agenda being approved as amended and attached. .i i ~ ~ ' CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1986 86.333 Motion was made by Harvey, seconded by Sindt to approve the August 4, 1986, council meeting minutes as corrected in motion 86.309. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. Councilman Harvey questioned the cost to the City for the tree replace- ment for trees at the Lakeville Police Department and indicated he would not vote in favor of further claims if the City was not prepared to adequately maintain the tree plantings. 86.334 Motion was made by Harvey, seconded by Enright to approve the claims for payment. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. Councilman Nelson pointed out a correction that needed to be made in the Planning Commission minutes of August 7th concerning the density of development in the Brackett's PUD, which evidently was a typographical error. 86.335 Motion was made by Enright, seconded by Sindt to receive the Planning Commission minutes of August 7, 1986. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time, Mayor Zaun explained to the citizens present where the process was at concerning concerning the council action on the Brack- ett's Crossing PUD environmental assessment worksheet. Mayor Zaun also pointed out that according to recent Metropolitan Council study of twin city area lakes, Orchard Lake was one of the cleanest and best quality lakes in the area, and that it was the goal of the council to maintain or improve upon that. Theref ore, the Brackett's Crossing PUD would be required to take steps necessary in a development agreement to assure that the new development would have its storm water run-off handled in a manner as set forth in the E.A.W. Councilman Nelson stated that he did not feel there is any more need for study, as the E.A.W. and the staff work in answering government agency and citizen questions on it is quite complete. Councilmember Sindt commended the consultant staff for a very thorough analysis of the environmental impact of the proposed development and the preparation of a very thorough E.A.W. Councilmember Enright said she felt the issues on maintaining Orchard Lake quality had been adequately addressed. 2 ~5 i • • ' CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1986 Councilman Harvey indicated that he felt the issues concerning the lake quality were of primary importance and had been addressed; habitat was second in importance and had been addressed; and the third consideration was an archaeological impact, which the E.A.W. study indicated the area had no significance. Mayor Zaun pointed out that according to the E.A.W. study, the phospho- rus running into the lake from this area is expected to drop from .051 to .046 after the installation of city sanitary sewer to serve the new development and eliminate the on-site system presently serving the clubhouse. Ms. Dobbs and Steve Johnson both asked about the culvert size proposed from the fish pond into the lake under 175th Street, and Mr. Nelson indicated the the culvert size should be increased to more adequately make the storm drainage system function in a more controlled manner.. 86.336 Motion was made by Sindt, seconded by Harvey to receive the staff, consultant and citizen comments on the Brackett's E.A.W. and adopt Resolution No. 86-85 adopting the findings of fact and conclusion regarding the Brackett's Townhomes planned unit development E.A.W. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time Mr. David Licht, City Planning Consultant, explained to the council the reason for an ordinance rezoning a small portion of the Lake Villa Golf Estates lots adjacent to the west frontage road which had been inadvertently omitted when the platting of the property was approved years ago. 86.337 Motion was made by Nelson, seconded by Harvey to adopt Ordinance No. 297 amending the city zoning ordinance rezoning certain lots in the Lake Villa Golf Estates to R-1, single family residential. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mayor Zaun took up consideration of adopting a resolution to order the street improvement for the final layer of paving in the Meadows West addition. Mr. Steve Raisanen asked how this problem was caused, and the city administrator explained the history behind the situation. Further questions were asked as to why the residents should have to pay. The staff pointed out that the choices were to leave the road unfinished, put it in and assess the costs to the benefited property owners, or have the city pay the costs from everyone's taxes. The council asked the city attorney to investigate whether or not there is any possibility of obtaining funds from the developer involved in the project in an effort to raise the money to pay a portion or all of the costs for finishing the street . 3 • ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1986 86.338 Motion was made by Nelson, seconded by Enright to adopt Resolution No. 86-86 ordering the Meadows West street improvement project. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. The city engineer presented a change order with Valley Paving on project 86-7 in the amount of $21,110.50 which would pay for the final asphalt overlaying in the Meadows West Addition and Lake Marion Estates Addi- tion, as these streets were not completed by the developer. 86.339 Motion was made by Harvey, seconded by Sindt to approve change order number one with Valley Paving in the amount of $21,110.50 on project 86-7. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 86.340 Motion was made by Enright, seconded by Sindt to receive the engineers feasibility report and call a public hearing for the September 15, 1986, regular council meeting on project 86-12. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 86.341 Motion was made by Harvey, seconded by Nelson to receive a letter from the city attorney recommending council authorize the purchase of lot 14, block 2, of Dakota Heights Third Addition in the amount of $7,500 for storm drainage control purposes. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 86.342 Motion was made by Harvey, seconded by Nelson to approve the purchase of Lot 14, Block 2, Dakota Heights Third Addition in the amount of $7,500 to be taken from the storm drainage fund. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 86.343 Motion was made by Nelson, seconded by Sindt to approve the issuance of a grading permit subject to receipt of the required financial security for Frontier Midwest Homes, Inc. to grade the Rolling Oaks Fifth and Sixth Additions. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 4 • ~ • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1986 At this time Mayor Zaun called upon Keith Nelson to review his report and alternatives for the assessment of the Judicial Road, 162nd/163rd Streets and Linch Path road improvement project. Mr. Nelson presented the three tables as shown in his August 6, 1986, letter and report to the city council, a copy of which was sent to all of the property owners prior to the August 18th council meeting. Several citizens were present concerning the project and asked questions about the need for the project and the assessment policy. The city attorney pointed out to the citizens and council that the council could vote to reject the bids received on the project, and thereby terminate the project if it was their desire. Discussion occurred on the assessment policy as it was adopted at the June 26, 1986, special council meeting public hearing on it and the alternatives in Mr. Nelson's August 6th letter. Councilman Harvey brought to the council's attention that the petition received by the council at the beginning of this council meeting contains the names of 15 property owners who are proposed to be assessed for the improvement. After discussion, motion was made by Harvey, seconded by Sindt to retain the assessment policy as adopted on June 26, 1986, for the assessment of the Judicial Road, 162nd Street, 163rd Street and Linch Path street improvement project. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, Mr. Nelson presented the bids received on August 15th for this improvement project, and he indicated that the low bid in the amount of $99,685.00 was below his original estimate. 86.344 Motion was made by Nelson, seconded by Sindt to receive the bids and adopt Resolution No. 86-88 awarding the contract to Preferred Paving in the amount of $99,685.00 for the Judicial Road, 162nd Street, 163rd Street and Linch Path street improvement project. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. The City Council discussed a letter received from the Burnsville city manager and a brief report from the Lakeville fire chief concerning the possibility of a joint construction operation of a multi city fire training facility in Burnsville. The council members indicated they needed to have more information concerning the total construction cost, the. cost sharing formula to be proposed, the cost sharing of operating costs, and the need and benefit to the city if it were to participate in such a facility. 5 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1986 86.345 Motion was made by Enright, seconded by Harvey to authorize the city administrator and fire chief to continue to meet with Burnsville city officials and other city officials concerning the proposed facility and report back with further information. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 86.346 Motion was made by Enright, seconded by Nelson to award a purchase agreement for all nine city parks and recreation equipment to St. Croix Recreation Company in the amount of $82,070, as recommended by the Park and Recreation Committee and Park and Recreation Director. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 86.347 Motion was made by Enright, seconded by Sindt to adopt Ordinance No. 298 amending Title 3, Chapters 1, 2 and 3 of the Lakeville City Code concerning intoxicating liquor, non-intoxicating malt liquor and wine, as recommended by the city attorney. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. The council pointed out that the staff will need to take legal action if necessary to enforce the clean-up or removal of the burned house on the south side of 175th Street known as the Klicke property. At this time several citizens reappeared in the council chamber to ask questions concerning the Judicial Road project and how they could take steps to stop the project. The city attorney pointed out that the steps taken by the City Council to initiate the project to the state were within the state statutes. 86.348 Motion was made by Sindt, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. Time: 10:10 p.m. Res f ly s mitt d, r Patrick E. McG rve ity Clerk Du ne Zaun, May r 6 ~ • i CITY OF LAKEVILLE AGENDA COUNCIL MEETING AUGUST 18, 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 August 4, 1986, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, August 7, 1986 Park and Recreation Committee, August 6, 1986 Natural Resources Committee, August 5, 1986 d. Approval of an assessment abatement on Parcel No. 22-53500-030-02 as recommended by the Dakota County Assessor's Office. e. Approval of Supplemental Agreement No. 18 with the Minnesota Department of Transportation on project 1914-29, Trunk Highway 50/County Road 5, in the amount of $11,660.00. f. Approval of Supplemental Agreement No. 16 with the Minnesota Department of Transportation on project 1914-29, Trunk Highway 50/County Road 5, in the amount of $28,699.78. 5. Receive consultant recommendations on the comments to the Brackett's Crossing E.A.W. a. Resolution declaring the council's findings. 6. Rezoning of Lots 8, 9, 10, 11 and 12, Block 3, Lake Villa Golf Estates, from B-4 General Business to R-1 Low Density Single Family Residential in the vicinity of 177th Street and Keokuk Avenue. a. Adoption of the rezoning ordinance. ! • ~ 7. Resolution ordering the improvement for the final overlay on the asphalt streets in the Meadows West Addition. 8. Approval of change order number one on Project 86-7 in the amount of $21,110.50 with Valley Paving for asphalt overlay on the Meadows West Addition and Lake Marion Estates Addition. 9. Receive the preliminary report and call a public hearing for Project 86-12, watermain extension for Airlake Industrial Park Third Addition. 10. Receive letter from City Attorney recommending the purchase of Lot 14, Block 2, Dakota Heights Third Addition. a. Approval of the purchase. 11. Approval of a grading permit for Frontier Midwest Homes, Inc. to site grade Rolling Oaks Fifth and Sixth Additions. 12. Review of the city engineer's report on the alternatives for assessing the Judicial Road, 162nd Street, lb3rd Street and Linch Path street improvement project. a. Decision on the assessment policy. 13. Receive bids and recommendation from the city engineer on the Judicial Road, 162nd Street, 163rd Street and Linch Path street improvements. a. Resolution awarding the construction contract. 14. Receive letter from City of Burnsville and staff report from the Lakeville Fire Chief concerning the possible joint construction/opera- tion of a multi city fire training facility in Burnsville. 15. Receive recommendation from the Park and Recreation Committee and staff on the purchase of playground equipment for the various parks slated for equipment under the park bond funding. a. Award of the purchase contract. 16. Review ordinance amending Title 3, Chapters One, Two and Three, of the Lakeville City Code concerning intoxicating liquors, non-intoxicating malt liquors and wine. a. Adoption of the ordinance. 17. Any other business. 18. Adjourn. 2 • • CITY COUNCIL AGENDA August 18, 1986 17. Any other business. a. Two easement agreements on parcels No. 334 and 335, Power Center Self Service, Inc., Highway 50/County Road 5 project. b. Payment of claim to Rocon, Inc. in the amount of $70,193.60 for Holyoke Streetscape project. c. Easement agreement on parcel No. 13, Duane Dietrich, Kenrick/Junelle Path/173rd Street project.