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HomeMy WebLinkAbout08-04-86 ' ' CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 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, Consulting City Engineer; James Robinette, Community Development Director; Patrick McGarvey, City Administrator/Clerk. Staff Announcements: The city attorney announced one item to be taken up under Other Business on the council agenda, and the city administrator advised the council of two items to be taken up under Other Business. Citizen Comments: At this time, Janet Lekson and JoAnn Lambert presented a petition and letter expressing citizen concerns over improvement project 86-5, the asphalt paving of Judicial Road north of 168th Street, including 162nd, 163rd Streets, and Linch Path. They explained that some of the people were opposed to the project or opposed to the method of assessment adopted by the council at the June 26th special council meeting whereby corner lots were not assessed anything additional for the side yard abutting the street. They also expressed concern over having the Judicial Road part of the project assessed on the same overall unit basis with 162nd, 163rd and Linch Path portions of the work. 86.306 Motion was made by Harvey, seconded by Sindt to receive the petition and letter from Ms. Lekson and Ms. Lambert. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. Ms. Verlie Hardie also presented a letter to the council raising her objection and concerns with improvement project 86-5. 86.307 Motion was made by Enright, seconded by Harvey to receive a letter dated July 21, 1986, from Verlie Hardie concerning improvement project 86-5. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. After discussion the council indicated the administrator should put the matter of the assessment policy for project 86-5 on the August 18, 1986, council agenda for further consideration, and that the city engineer should prepare another report giving alternatives to the adopted assess- ment policy, including the split of the project into a Judicial Road portion and a 162nd, 163rd, Linch Path portion for assessment purposes using both side yard assessment on corner lots and a policy without side yard assessments for corner lots. The administrator was directed to send s • ~ ` CITY OF LAKEVILLE COUNCIL MEETING ' August 4, 1986 a copy of the report and a letter concerning the further consideration on the August 18th agenda to all of the property owners involved in the project who received an improvement hearing notice for the June 26th special council meeting, including copies of letters received at this council meeting from the parties above. Councilman Harvey removed consent agenda item 4a from the agenda. 86.308 Motion was made by Sindt, seconded by Enright to add other. business item 18a to the consent agenda. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun . 86.309 Motion was made by Sindt, seconded by Harvey to approve consent agenda items 4b through 4e, including other business item 18a. (Council Agenda attached hereto is incorporated by ref erence and specif- ically made a part hereof.) Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 86.310 Motion was made by Harvey, seconded by Nelson to approve the council minutes of the July 21, 1986, council meeting with the word "Consent" removed from the line in motion 86.282. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, the city administrator advised the council of the status of the consultant's work on the Bracken 's Crossing PUD environmental assessment worksheet. It was explained that the engineering consultant had not had sufficient time to complete and further study the answers to the letters of concern from citizens and governmental agencies in time for the August 4th council meeting, but that it would be ready for the August 18th council meeting. It was also indicated that the development stage plans for the PUD would be considered by the planning commission at their August 7th meeting, and that the item may be on the August 18th council agenda if they are ready and have been acted upon by the planning commission. The city administrator explained to the council and persons present at the meeting that the final plat and development stage plans for the Bracken 's Crossing PUD were being reviewed by staff and planning commission without there being any direct street right-of -way platted to connect to 175th Street as was proposed in the preliminary plat. Former Mayor Robert Jensen addressed the council concerning the history of the closing of Judicial Road in that area and indicated he had received a citizen request to ask that there be no direct connection from the development to 175th Street. 2 ~ • ' CITY OF LAKEVILLE COUNCIL MEETING August 4, 1986 The city administrator showed on the drawing board how the road plan is being proposed without a platted right-of -way to 175th Street, and that there would be access to phase one development south of the club house area via the existing Judicial Road south to 185th Street and then to I-35. Eventually, there would be a connection past the club house through the now phase three area into the phase two single family area and then on into the Lake Villa Golf Estates future and existing road system. 86.311 Motion was made by Sindt, seconded by Nelson to table consideration of adopting the findings on the Brackett's Crossing E.A.W. until the August 18, 1986, council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time, Mayor Zaun opened the public hearing on the Tax Increment Financing Plan No. Two for the I-35 redevelopment plan number two. The city clerk attested to the legal notice. The city administrator gave a report on the TIF Plan No. Two and how the additional tax increment was proposed to be used to assist in paying back the bonds sold to finance improvements along Kenrick Avenue. 86.312 Motion was made by Enright, seconded by Harvey to close .the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 86.313 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 86-80 approving Tax Increment Financing Plan No. Two in the I-35 Redevel- opment Plan No. Two. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun. Nays, Sindt. Sindt voted "no" as she did not feel the purpose for the increment, additional street lighting along Kenrick Avenue, is necessary. At this time, the city council took up consideration of whether or not to order the improvement and authorize plans and specifications for under- ground decorative street lighting along the east side of Kenrick Avenue from Trunk Highway 50 to north of the Connelly Mobile Home Park. Council- man Harvey pointed out that it would be wise at this time to order the project based upon the engineering feasibility report and the estimated front foot assessment of $39.97 per front foot, and then if and when the Mills Fleet Farm tax increment is as substantial as estimated in TIF Plan 3 CITY OF LAKEVILLE COUNCIL MEETING August 4, 1986 No. 2, the council could consider reducing the front foot assessment at the time of the assessment hearing on the lighting project in the fall of 1987. 86.314 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 86-81 ordering the project and authorizing Donohue and Associates to prepare plans and specifications for the street lighting along Kenrick Avenue on the east side. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright. Nays, Sindt. Sindt voted "no" because she did not feel that many street lights are necessary. At this time Mayor Zaun opened the public hearing on the proposed improvement of the asphalt streets in the Meadows West Addition. The city clerk attested to the legal notice. The city engineer presented a slide showing the location of the streets and the estimated cost of the project and the cost per lot, which is estimated at $577.00. The city administrator explained why the project was necessary due to the financial difficulties the developer suffered and was unable to complete the project. In addition, the letter of credit expired at the First Lakeville Bank before the City exercised its option of obtaining funds under it to complete the project, and then the developer failed to post the extended letter of credit for this amount of work as he had promised. Officials at the bank then took steps to acquire getting all funds the developer had in the bank in an effort to satisfy debts due to the bank. Two citizens present asked questions concerning how the roads failed to be completed. Councilman Harvey indicated he felt that while the bank acted in a legal manner, they did not act in the best interest of the City in taking funds the developer had in an account for this work and using them to satisfy other debts that he owed the bank. He suggested the City may want to consider using another bank for its banking needs. 86.315 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. The city council then asked the city administrator and city attorney to contact officials at the bank to see if there is a possibility that the funds originally deposited in the bank by another loaning institution for this project could be made available to pay for finishing the asphalt 4 CITY OF LAKEVILLE COUNCIL MEETING August 4, 1986 streets in the Meadows West Addition. Mayor Zaun also asked if the errors in omission insurance might cover this matter, and the city attorney was directed to look into the matter. 86.316 Motion was made by Harvey, seconded by Nelson to table further considera- tion of the Meadows West street improvement project to the August 18, 1986, council meeting and direct the staff to contact the First Lakeville Bank concerning the matter and the city attorney to investigate the errors in omission coverage. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 86.317 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 86-82 approving the final plat of the Dodd Ridge Second Addition and authorizing the mayor and clerk to sign the development agreement and approving a minor comprehensive plan change to include the area in the 1990 Urban Service Area. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 86.318 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 86-83 approving the final plat of Dodd Pointe 3rd Addition and authoriz- ing the mayor and city clerk to execute the development agreement and approving a minor comprehensive plan change to include the area in the 1990 Urban Service Area. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 86.319 Motion was made by Nelson, seconded by Enright to adopt Resolution No. 86-84 calling a public improvement hearing for the September 15, 1986, council meeting to consider improvement project 86-9. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. The city administrator advised the council that the final paper work on the final payment to Morcon Construction for the cold storage building addition was not completed, and that there still remains some repair work on a portion of the roof, and that the matter should be tabled. 86.320 Motion was made by Harvey, seconded by Nelson to table final payment for the cold storage addition to the public works building until the matter is ready. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 5 ~ ! r • ' CITY OF LAKEVILLE COUNCIL MEETING August 4, 1986 At this time, Councilman Nelson had to leave the meeting to go to work. At this time, Mr. John Enggren and his architect, Francis Schuck, presented a conceptual site plan for the 9,500 square foot single story building proposed to be constructed on the west side of Holyoke Avenue between Upper 208th Street and 208th Street. Mr. Enggren indicated that the building size was to include approximately 4,000 square feet for a relocated off -sale liquor store No. 1 in downtown Lakeville, and that he proposed to use the rest of the space in the building for a new Tom Thumb convenience grocery store with gasoline service. He indicated that the estimated rental rate was between $9 and $10 not including the cost that the site will eventually be, which would have to be added to these figures. The lease would be on a net-net-net basis. 86.321 Motion was made by Sindt, seconded by Harvey to receive the conceptual plan from Mr. Enggren and refer the matter to the council liquor store committee for review, and to authorize the city staff to begin negotia- tions to acquire options from the property owners involved with the phase one sites for the central business district redevelopment project. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. At this time, the city council took up consideration of an ordinance which would establish legal requirements in conducting gambling opera- tions as permitted by Minnesota Statutes within the city. The staff pointed out that an ordinance was necessary for the City to properly regulate control of these events by civic organizations for charitable purposes. The city administrator pointed out that the City of Bloom- ington recently adopted a similar ordinance that required 65 percent of the money bet at a gambling event to be returned to the persons betting, and that 20 percent must be given to the charitable organization sup- ported. 86.322 Motion was made by Enright, seconded by Sindt to table further considera- tion of the ordinance until the September 2, 1986, council meeting and direct the city attorney to add the 65 percent requirement to the ordinance and have the staff send the ordinance out to local civic groups prior to September 2nd for their input. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. The city engineer presented a letter recommending the award of three contracts for construction of the radio equipment building at the Dakota Heights water tower. The space on the top of the tower is to be rented to private communication companies, and rent from those facilities will pay the City an annual income to retire the debt on constructing the building and eventually to earn a profit for the City from the invest- ment. 6 CITY OF LAKEVILLE COUNCIL MEETING August 4, 1986 86.323 Motion was made by Enright, seconded by Harvey to receive the bids and award the three contracts to King Electric, Rocon, Inc. and Air-Mac Heating & A/C for the Dakota Heights water tower radio building. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 86.324 Motion was made by Harvey, seconded by Sindt to approve the list of election judges for the September 9, 1986, primary election and special bond ref erendum. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Enright. At this time, the city engineer presented a map showing the ponding and drainage plan for the area north of 175th Street and discussed the matter with the council. Mr. Louie Helkenn was present and indicated his concerns over the storm drainage in the area as it was being affected by new residential development. 86.325 Motion was made by Sindt, seconded by Harvey to extend the council meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. 86.326 Motion was made by Sindt, seconded by Enright to receive the report from the city engineer on the storm drainage and direct the staff to check out the recent private improvements made by the Helkenn's in the area and report back to the council. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. 86.327 Motion was made by Enright, seconded by Sindt to approve a quit claim deed and authorize the mayor and clerk to execute it on the property owned by Helen Mae Walsh releasing an old temporary easement along 175th Street. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 86.328 Motion was made by Enright, seconded by Sindt to approve a release on a lot in Barrett's First Addition as recommended by the city attorney and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Enright. Councilman Harvey brought to the council's and staff's attention the situation concerning installation for the purpose of cleaning up the soil at the Texaco Station on Cedar Avenue. The public works director indicated that the US EPA was involved in the clean up project, and that the installation was being installed in accordance with their directives. 7 • i ~ t ' CITY OF LAKEVILLE COUNCIL MEETING August 4, 1986 Councilman Harvey asked the staff to check into the fence condition of the Old Station Pizza and Restaurant to see if it met conditions speci- fied in the conditional use permit for the establishment. He also indicated the staff should make sure the Thrif ty Scot Motel was billed for excessive false alarms as required in city ordinance. The city administrator advised the council that the staff would be meeting with the Metropolitan Airports Commission on the Airlake Airport Comprehensive Development Plan and the City's updated City Comprehensive Plan in that area, and that representatives from MAC be invited to one of the forthcoming Chamber of Commerce meetings. 86.329 Motion was made by Sindt, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. Time: 11:10 p.m. Respec ully submitted, r e Patrick E. McGarvey, City Clerk Dua a Zaun, May r 8 ~ • CITY OF LAKEVILLE AGENDA COUNCIL MEETING AUGUST 4, 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 July 21, 1986 council meeting. b. Approval of the claims for payment. c. Approval of the minutes of the following advisory committee meetings. Cable TV Board, July 15, 1986 Natural Resources Committee, July 15, 1986 Park and Recreation Committee, July 16, 1986 d. Approval of an easement agreement with David and LuAnn Neuman on parcel 296. e. Approval of an easement agreement with Donald and Ethel Young and Paul and Pamela Krause on parcel 3. 5. Receive consultant recommendations on the comments to the Brack- ett's Crossing E.A.W. a. Resolution declaring the council's findings. 6. Public hearing on the tax increment financing plan number two for the I-35 Redevelopment Plan number two. a. Attest to hearing notice. b. Presentation of the T.I.F. 4~2 Plan. c. Motion to close the hearing. d. Resolution approving the plan. • CITY COUNCIL AGENDA August 4, 1986 7. Consideration of installing underground fed decorative street lighting on the east side of Kenrick Avenue from T.H. 50 to north of Connelly Mobile Home Park. a. Resolution awarding the project. 8. Public hearing on the completion of the streets in the Meadows West plat. a. Attest to the legal notice. b. Presentation of the project and costs. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution ordering the project. 9. Approval of the final plat, development agreement and minor comprehensive plan change for the Dodd Ridge Second Addition plat. 10. Approval of the final plat, development agreement and minor comprehensive plan change for the Dodd Pointe Third Addition plat. 11. Receive a letter from Craig R. Morton and Associates requesting a public improvement hearing on the extension of utility and street improvements to the east side of I-35, south of the Soo Line Railroad, project 86-9. a. Resolution calling a public hearing. 12. Approval of the final payment to Morcon Construction Company in the maintenance building cold storage addition and acceptance of the project. 13. Receive a proposal from Enggren Enterprises for development of the phase one property in the central business district sub-area west of Holyoke Avenue and north of Upper 208th Street. 14. Ordinance amending Title 3 of the Lakeville City Code by adding a Chapter 4 regulating gambling. 15. Award of three contracts for the construction of the radio trans- mitter building next to the Dakota Heights water tower for the general, heating and ventilation, and electrical work, as recom- mended by the engineer. 16. Approval of the election judges for the September 9, 1986, state primary and special city election. 17. Receive report and recommendation for drainage improvements in Argonne Farms plat. 18. Any other business. 19. Adjourn. 2 • CITY COUNCIL AGENDA AUGUST 4, 1986 Item ~~18. Any other business. (a) Approve specif ications for Fire Department radio pagers and set a bid date for August 29, 1986.