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HomeMy WebLinkAbout07-21-86 Y CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 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: Keith Anderson and Keith Nelson from Donohue and Associates engineering consultants; Patrick Farrell, City Attorney; and Patrick McGarvey, City Administrator/Clerk. Staff announcements: The city administrator listed items to be taken up under Other Business on the council agenda. Citizen comments: Mr. Brad Larson addressed the City Council and presented a petition signed by people around Orchard Lake proposing a direct connection from the Brackett's Crossing PUD to 175th Street and suggesting that the road network from the proposed development connect to 172nd Street near the Soo Line Railroad tracks through the Lake Villa development. 86.280 Motion was made by Harvey, seconded by Sindt to receive the petition from Mr. Larson. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. Mr. Hank Lau complained about the lack of progress on the Trunk Highway 50 improvement project. The city administrator advised the council and those present that there would be a meeting with the officials of the Minnesota Department of Transportation and Shaf er Construction Company on Tuesday morning at city hall at 10:00 a.m. to discuss the progress on the highway improvement project. At this time council member Sindt moved to add items 16a, d, e, f, g, i and j to the consent agenda from the Other Business agenda. 86.281 Motion was made by Sindt, seconded by Harvey to approve the consent agenda amendments by adding 16a, d, e, f, g, i and j f rom the Other Business agenda. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 86.282 Motion was made by Sindt, seconded by Harvey to approve the consent agenda as amended. (Council Agenda attached hereto is incorporated by ref erence and specif ically made a part hereof . ) • CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 1986 Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time Mayor Zaun took up consideration of the Brackett's Crossing E.A.W. The city administrator advised the council that the matter should be tabled to allow the staff and consultants to respond to the written comments received from citizens and governmental agencies, several of which had only been received on July 18th, and that the matter should be tabled until the August 4th regular council meeting agenda for further consideration. The administrator advised the council that the matter might need to be tabled even further after August 4th in the event the consultants do not have enough time to adequately respond to the comments by August 4th. The council members indicated concern to the staff on the E.A.W. in the direction of what goes into the lake as it relates to phosphorus content, addressing storm drainage and possible flooding in the area, and that the staff should respond to those concerns. 86.283 Motion was made by Harvey, seconded by Enright to receive the comments from the citizens and governmental agencies on the Brackett's Crossing E.A.W. and table further consideration of the matter until the August 4, 1986, council meeting. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time the City Council skipped over agenda Item 0~6, award of the sale of various bonds, until the arrival of the financial consultant, Mr. Robert Pulscher, later in the evening. At this time the City Council took up consideration of approving the replat of a portion of Oak Ridge Heights addition to eliminate some twin home lots not built upon and rezone the lots from R-4 to R-2, and to vacate the public easements along lots 15 through 26 in block one of Oak Ridge Heights. Ms. Dorie McClelland from the Derrick Land Company was present to present the replat and answer questions. 86.284 Motion was made by Harvey, seconded by Enright to adopt Resolution No. 86-69 vacating the easements in lots 15 through 26, block 1, Oak Ridge Heights addition. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 86.285 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 296 rezoning lots in the Oak Ridge Heights addition from R-4 to R-2. 2 R ` ~ • • CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 1986 Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 86.286 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 86-70 approving the final plat of the replat of Oak Ridge Heights Second Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. The council, at this time, skipped over Item 4~8 on the agenda to wait for the 8:30 p.m. designated starting time for the public hearing on the proposed installation of street lighting along the east side of Kenrick Avenue north of Trunk Highway 50. 86.287 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 86-71 approving the plans and specifications for the Judicial Road asphalt paving north of 168th Street and the paving of 162nd Street, 163rd Street and Lynch Path, and setting the bid date for August 15, 1986, at 10:00 a.m. at city hall. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mr. Keith Nelson advised the council that a letter had been received from off icials at Airlake Industrial Park requesting that the proposed utility extension on Cedar Avenue to serve property on the east side be deleted from Improvement Project 85-11, and that the rest of the project be awarded to Crossings, Inc. for the Granada Avenue utility extension improvements. 86.288 Motion was made by Enright, seconded by Harvey to award the contract to Crossings., Inc. on project 85-11 less the portion for the utility extensions to the Cedar Avenue area, as recommended by the city engineer. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. The City Council skipped over Item 411, as there was no one present from Enggren Enterprises to present their proposed development for phase one in the central business district sub-area west of Holyoke Avenue. 86.289 Motion was made by Harvey, seconded by Nelson to receive the report from the League of Minnesota Cities concerning a possible pool bonding arrangement for inf rastructure improvements and table further consid- eration of the matter until the City financial and legal consultants can further advise the council. 3 CITY OF LAKEVILLE COUNCIL MEETING JULY Z1, 1986 Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 86.290 Motion was made by Harvey, seconded by Nelson to receive the bids on the tanker assembly for the new fire department tanker truck and reject the apparent low bid, as it was not in compliance with the bid specifi- cations, and award the purchase to Custom Fire Apparatus in the amount of $36,255.00, as the lowest responsible bidder, as recommended by the fire department and city attorney. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time Mr. Steve Michaud, Park and Recreation Director, presented a revised concept plan for the Casperson 40 acre park property, which the council reviewed. It was pointed out that the plan at this time mainly pertains to the location of the relocated road through the property and the major parking lots and shoreline use. 86.291 Motion was made by Harvey, seconded by Nelson to receive and approve the revised concept plan to date for the Casperson property. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 86.292 Motion was made by Harvey, seconded by Sindt to authorize Donohue and Associates to prepare grading plans and plans and specifications for the grading necessary to develop Valley Lake Park, Casperson Park and North Park, with the engineering firm to await council approval on the final concept plans for Valley Lake and Casperson Park bef ore proceed- ing to complete the engineering plans and specifications on these two parks. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time the City Council reviewed a resolution which would set City policy concerning the acquisition of, and payment for, the right-of -way necessary for public improvement projects such as street extensions or widening projects. The city attorney concurred that the policy is legally sound and appropriate. 86.293 Motion was made by Nelson, seconded by Harvey to adopt Resolution No. 86-73 setting city policy on the acquisition of right-of -way for public improvements and assessment of the costs thereof. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 4 CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 1986 Mr. Robert Pulscher arrived and advised the council that he did not feel the City would be wise to enter into the League of Minnesota Cities pooled bond financing program due to U.S. Treasury rulings and limitations. 86.294 Motion was made by Harvey, seconded by Nelson to deny City participati- on in the League of Minnesota Cities pooled plan for the issuance of bonds for inf rastructure improvements. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time Mayor Zaun opened the public hearing on the proposed street lighting improvement project along the east side of Kenrick Avenue from Trunk Highway 50 to the north side of Connelly Mobile Home Park. The City Clerk attested to the legal notice for the hearing. Mr. Keith Nelson showed slides indicating the location of the street lighting improvements and the scope of the lighting project. The engineer pointed out that the total estimated cost for the proposed 19 street lights on the east side of Kenrick Avenue is $104,700. Mr. Nelson indicated that the poles would be similar in color to the ones recently installed in downtown Lakeville; however, the poles would be round versus rectangular, due to the fact they are along this portion of the highway project and had to meet diff Brent highway standards. He indicated that there are 2,619 front feet on the east side of the frontage road along I-35 if the project were assessed on a f ront foot basis for the east side at the estimated cost, and the per foot rate would be $39.97. The city administrator advised those present that the project could be assessed over 20 years, and the estimated interest would be nine or ten percent on the unpaid principal each year, with the first year being the time period of 15 months from October 1, 1987 through 1988. At this time Mayor Zaun opened the hearing for questions and comments from those in the audience. The staff pointed out that a letter had been received from officials of the Mills Fleet Farm company concerning the project. 86.295 Motion was made by Sindt, seconded by Harvey to receive a letter from Mills Fleet Farm giving their position on the proposed street lighting project. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 5 • • CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 1986 Mrs. Gertrude Lyden spoke to the council and expressed her concern about the proposed assessments and asked if there was a way they could be deferred on lot number seven, which she still owns. The city clerk advised her that she could apply as a senior citizen for def erment on property she owns on an application available at the clerk's office. Mr. Leo Coyour expressed concern about the proposed front foot assess- ment rate and asked if there could be some additional way of financing a portion of the improvement costs. The council and staff discussed using a portion of the I-35 redevelop- ment project tax increment financing plan number two, which would be supported by the tax increment on the forthcoming Mills Fleet Farm store as a way of paying for a portion of the street light improvement .costs. It was pointed out that the decision on adopting that TIF plan number two cannot be made by the council until after a public hearing, which has been set for the August 4th council meeting. 86.296 Motion was made by Sindt, seconded by Harvey to close the public hearing on the proposed Kenrick Avenue street lighting project. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 86.297 Motion was made by Harvey, seconded by Nelson to table ordering the street lighting improvement project until after the council has conducted the public hearing on tax increment financing plan number two and made a decision thereon. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time Mr. Stewart Loper, attorney representing Mr. Charles McCarty, addressed the council requesting a change in the conditional use permit language that relates to the McCarty mini-storage complex due to complications the language was causing in acquiring long term bank financing for the project, and requesting an extension in the deadline to complete the project. Mr. Loper presented a resolution to the City Council, which he asked the council to adopt making the requested changes. The City Attorney, Mr. Farrell, recommended the council adopt the resolution. 86.298 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 86-74 amending the conditional use permit for the McCarty mini-storage project on the north side of 165th Street. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 6 ' ~ • CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 1986 At this time Mr. Robert Pulscher from Springsted, Inc. presented the bids received on the sale of four City bonds and recommended the award of the sale by adopting four resolutions. Mr. Pulscher indicated that the interest rate from the low bidder on each of the bond sales was slightly below what the firm had estimated the rate would be when the bond sales had been called by the City Council. 86.299 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 86-75 awarding the sale of $2,930,000 general obligation improvement bonds, series 1986A. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 86.300 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 86-76 awarding the sale of the $1.2 million general obligation improve- ment bonds, series 1986B. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 86.301 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 86-77 awarding the sale of the $1.7 million general obligation park bonds, series 1986. Roll call .was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 86.302 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 86-78 awarding the sale of the $175,000 general obligation equipment certificates of indebtedness. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time the city administrator advised the council that a letter had been received from BRW Architects requesting an additional $3,000 in compensation for the conceptual planning and engineering work for the proposed fire station number three due to extra engineering eff orts to prepare cost estimates for the site at the northeast corner of Junelle Path and 175th Street and for an additional set of colored schematic drawings. 86.303 Motion was made by Sindt, seconded by Nelson to deny the request from BRW for the additional $3,000 of compensation above what was agreed upon for the conceptual work previously. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 7 • y ~ • CITY OF LAKEVILLE COUNCIL MEETING JULY 21, 1986 86.304 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 86-79 indicating the council's desire for the Minnesota Department of Transportation to allow use of sewage sludge ash in the making of asphalt for highway improvement projects. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time councilman Nelson had to leave the council meeting to go to work. The City Council discussed the condition of the fence at the Old Station Restaurant and requested it be checked for compliance to the conditional use permit. 86.305 Motion was made by Enright, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Enright. Time: 10:05 p.m. Respectf ully submitted, Patrick E. Mc arv y, City Cl k Dua a Zaun, Mayo 8 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING JULY 21, 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 7, 1986, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, July 3, 1986 Park & Recreation Committee, July 2, 1986 Natural Resources Committee, July 1, 1986 d. Receive the financial statements from George M. Hanson Company for 1985. 5. Review comments and adopt findings on the E.A.W. on the Brackett's Crossing Planned Unit Development. 6. Receive bids on the sale of: $2,930,000 G.O. Improvement Bonds, Series 1986A $1,200,000 G.O. Improvement Bonds, Series 1986B $175,000 G.O. Equipment Certificates of Indebtedness $1,700,000 G.O. Park Bonds, Series 1986 and adopt a resolution awarding the sale. 7. Application of Derrick Land Company for replatting of a portion of Oakridge Heights to eliminate twin home lots and rezone those lots from R-4, single and two family, to R-2, single family, and vacate all public easements in Lots 9 thru 12 and Lots 15 thru 26, Block 1, Oakridge Heights. • • 8. Public hearing on the proposed installation of underground fed decora- tive street lighting on the east side of Kenrick Avenue from T.H. 50 to north of Connelly Mobile Home Park. a. Attest to the legal notice. b. Presentation of the project and. costs. c. Questions and comments. d. Motion to close the public hearing. e. Resolution ordering the project. 9. Approve plans and specifications for the paving of Judicial Road north of 168th Street, 162nd, 163rd and Linch, and set the bid date for August 15, 1986, at 10:00 a.m. 10. Award the contract to Crossings, Inc. for utility installations on Granada Avenue, and delete utility extensions to Cedar Avenue, Project 85-11. 11. 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. 12. Receive report and staff recommendation on the use of the League of Minnesota Cities inf rastructure pool to provide long-term tax-exempt financing. a. Approval of a participation agreement with the L.M.C. 13. Receive bids and recommendation on the purchase and installation of a tank for the new cab and chassis for the fire department. a. Award of the purchase contract. 14. Receive and approve the revised concept plan for development of Cas- person Park from Northwest Associated Consultants. 15. Authorize Donohue and Associates to prepare a grading plan for Valley Lake Park and plans and specif ications for the Casperson and North Park site improvements. 16. Any other business. 17. Adjourn. z . • i • CITY OF LAKEVILLE COUNCIL AGENDA JULY 21, 1986 16. ANY OTHER BUSINESS. a) Agreement with M/DOT on Kenrick Avenue improvement project. b) Resolution setting policy on acquisition of right-of -way for public improvements and assessment of costs. c) Request for change in conditional use permit for Charles McCarty mini-storage complex. d) Easement agreement with Gary and Linda Peterson on Kenrick Avenue/Junelle Path/173rd Street project. e) Special assessment agreement with W. Jackson and H.M. Tingelhoff . f) Request from Rocon, Inc. for extension of time on Holyoke Streetscape project. g) Receive bids on radio transmission building for Dakota Heights water tower. h) Additional service compensation of $3,000.00 to BRW for Fire Station No. 3. i) Approval of easement agreement with Mr. & Mrs. Undesser on County Road 5 project. j) Approval of easement agreement with Edna Pastoret on County Road 5 project.