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HomeMy WebLinkAbout02-21-89 R . ~y } ~ *s 1 A ~S CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 21, 1989 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: Councilmembers Nelson, Enright, Sindt, Harvey, and Mayor Zaun. Also present: Roger Knutson, City Attorney; Keith Nelson, City Engineer; Dennis Feller, Finance Director;. Steve Michaud., Parks and Recreation Director; James Robinette, Community Development Director; and Patrick McGarvey, City Administrator/Clerk. Staff announcements: The City Administrator advised the Council of the Special Council meeting at 7:00 p.m. on February 27, 1989 for the three public improvement hearings and Item 20b. to be added to the other business agenda for the release of Lot 1, Block 3, Dodd Ridge Second Addition from the development agreement. Citizen comments: Mayor Zaun announced that there would be a joint meeting between the Independent School District 4194 Board and the City Council at 7:00 p.m on Tuesday, March 7, 1989 at the District meeting room to discuss issues of joint interest. and concern. Councilman Harvey removed consent agenda items ~~4a. and ~64m. from the agenda. Councilman Nelson added item 20b. to the consent agenda. 89.68 Motion was made by Enright, seconded by Sindt to approve the. consent agenda as amended. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Councilman Harvey pointed out the spelling errors in the name of Mr. Bonar and Councilmember Sindt corrected motion 89.51 by indicating she had seconded the motion. 89.69 Motion was made by Harvey, seconded by Sindt to approve the minutes of the February 6, 1989 Council meeting as corrected. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.70 Motion was made by Harvey, seconded by Nelson to approve Change Order No. 2 on Project 88-1 in the amount of $9,177.71. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mr. Mark Ulfers, Executive Director of the Dakota County HRA, introduced Victor Sueth, with Arvid Elness Architects, who presented the plans for the Dakota County HRA's 40 unit apartment building to be built on the west side of Howland Avenue between 208th Street and UPper 208th Street. Mr. Sueth showed the site and building plans to the Council. He indicated that the initial intent was to reserve the property of the former Stevens house for a recreation and garden plot area for the tenants of the building. If, in the future, additional off street parking is needed to service the complex, then this property would be developed in part or in whole for further off street parking. Councilman Harvey indicated that they should contact the management at Despatch Industries to make sure that there is no noise problems from the plant for the tenants in the. building and make any. appropriate design modifications to lessen. noise impact. 89.71 'Motion was made by Sindt, seconded by Harvey to approve the preliminary plat and adopt Ordinance No. 368, rezoning the property to PUD, and approve the vacation of platted street and utility easements . Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,. Enright. 89.72 Motion was made by Harvey, seconded by Sindt to approve the addendum to the development agreement for the Shady Oak Shores Addition developed by Al Herrmann. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.73 Motion was made by Nelson, seconded by Enright to adopt Ordi- nance No. 369., rezoning the property owned by Brad and Audrey Johnson on the north side of Co. Rd. 64, next to Juno Trail from R-7 to R-5 and adopt the findings of fact supporting the rezoning. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey.. 2 ~ • At this time, Mr. Steve Adochio presented the written 1989 Budget of Pan-O-frog to the City Council for their review. Mr. Adochio asked to amend his previous request so that the Council would make-a donation of $4,000..00 to the Pan-O-Prog Committee and they would handle the fireworks display for 1989. The Council discussed the request and indicated that the City would support their request with the funds coming from the Off-Sale Liquor Stores profits and the recognition being given to the off-Sale Stores as a sponsor of the 1989 fireworks. 89.73 Motion was made by Harvey, seconded by Enright to approve the funding of the July 4, 1989 Pan-O-Prog fireworks in the amount of $4,000.00 with. the funds to come from the Off-Sale Liquor Stores budget with a stipulation that the Finance Director is to review the budget and advise that there would be sufficient funds for this donation. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mr. Chuck McCarty addressed the City Council and indicated that the Lakeville Community Corporation were inter- ested in some indication from the City Council whether or not there would be any City land or support for them in which to locate their proposed ice center building. Councilman Nelson raised the question as to what the City has invested in parks and facilities for other sports activities that the City pays for each year through the Parks and Recrea- tion Department budget. Councilmember Sindt asked the City Attorney if there would need to be a referendum before the Council could ever agree to donate park land. Mr. Knutson indicated there would not need to be a referendum. Councilman Harvey. indicated that while there effort is commend- able, that they are not close to having the dollars that they have projected they need in order to proceed with the construc- tion of the ice center, making this request to the City somewhat premature. He also raised the question as to whether or not the City would give land to other non-profit groups if they ever asked the City to support a project. Councilmember Enright indicated that in her opinion, the City needed to support the group and that they are taxpayers in the community also. .She stated that she would be .willing to meet with them in a work session to discuss the matter further. 3 , ~ Y . ~ • Mayor Zaun indicated that from comments he had heard from citizens in the community that there is a fear that the City would get stuck with paying for this facility sooner or later. He indicated that the support needs to be broader if it. is going to be accomplished. Mr. McCarty stated that the City should check on how much money other sport activities bring into the community which the City supports through its facilities. 89.74 Motion was made by Harvey, seconded by Nelson to receive the City staff report on the three City owned parcels of property to be reviewed as a possible site for the ice center. Koll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.75 Motion was made by Harvey, seconded by Nelson to set. a special council meeting for 7:00 p.m. on March 27th at City Hall, and to set a work session after the special council meeting to meet .with the L.C.C. to further discuss this matter. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright Mr. Tushie was present to present the bid package one, plans and specifications for Council approval for the new City Hall. 89.76. Motion was made by Harvey, seconded by Nelson to approve the plans and specifications for bid package one of the new City. Hall and set the bid date for March. l7, 1989, at 2:00 p.m. at City Ha 1. Roll call_was taken on the motion. Ayes, Harvey., Nelson, Zaun, Enright., Sindt.. At this time, the City Finance Director recommended that the City Council award the Flex-Plan agreement for City employee benefits to Safeco, with the local agent being Lynn Tharaldson. 89.77 Mo ion was made by Harvey, seconded. by Nelson to receive the proposals and award the contract to Safeco as recommended by the Finance Director. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, the City Council-discussed the proposals received for purchasing card board balers for. each of the three Off-Sale Liquor `Stores. Discussion occurred on the cost/benefits of an investment of over $11,000 for the equipment. 4 ~ • 89.78 Motion was made by Sindt, seconded by Harvey to table the matter to the March 6, 1989 Council meeting and allow the staff to gather further information concerning the cost/benefit of this investment. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson 89.79 Motion was made by Enright, seconded by Harvey to approve classification of tax parcel 22-01700-010-04 as non-conserva- tion, tax parcels 22-02600-016-53, 22-02900-010-75, and parcels 22-46901-010-06 and 22-46901-020-06 as conservation. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.80 Motion was made by Enright, seconded by Harvey to approve the agreement with the Minnesota Department of Natural Resources to move the fishing pier on Lake Marion from Kenrick Avenue to Casperson Park, due to the low lake level, and authorize the Mayor and Clerk to execute it. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mr. Steve Michaud presented. the concept plans. for lames Jensen Park and Wayside Park and reviewed them with the Council. 89.81 Plotion was made by Enright, seconded by Sindt to approve the concept. plans as presented for James Jensen Park and Wayside park.. Rolla call was taken on the motion. Ayes, Harvey, Nelson,Laun, Enright, Sindt. 89.82 Motion was made by Enright, seconded by Sindt to approve the revised amended budget for the 19.89. Recycling Program of the City of Lakeville as drafted at $115,057.00. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright,.. Sindt, Harvey.. $9.83 Motion was made by Nelson, seconded by Sindt to receive the letter from.Donohueand Associates providing a credit to the City in the amount of $3,678.45 for the work they are to pay for on .the Holyoke Streetscape, Project $8-~. Roll call was taken on the motion. Ayes, Zaun, Enright,' Sindt, Harvey, Nelson. 5 89.84 Motion was made by Enright, seconded by Sindt to approve the storm sewer credits recommended by the City Engineer for the Orchard Lake Hills Addition development. Roll call was taken on the notion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. The City Council took up a discussion with the city insurance agents, Mr. Vic Kohlnhoffer and Mr. Brian Lundquist, on the availability of providing Worker's Compensation coverage for City Council members and advisory committee members. The City Attorney pointed out that the City Code, Chapter 1, Title 7, Section 4 already provided Worker's Compensation coverage. 89.85 Motion was made by Enright, seconded by Nelson to take no further action towards stipulating this coverage availability for the City Council or Commission members due to it being in the City Code. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mr. Jerry Herkel of Juran and Moody addressed the Council on the need for Industrial Revenue Bond refinancing for the Office Electronics Inc. The City Clerk attested to the legal notice for the hearing and the steps taken on the direction of Mr. John Kirby, Bond Council, for the hearing on Tuesday, February 21, 1989, rather than February 20, 1989. Notice was placed. on the door to the Council Chamber on February 19th & 20th of the change to February 21, 1989. There was no one else present wishing to speak at the hearing. 89.86 .Motion was made by Harvey, seconded by Sindt to close the .public hearing. Roll call was taken on the motion. Ayes, Harvey, Nelson,`Zaun, Enright, Sindt. 89.87 Plotion was made by Enright, seconded by Sindt to adopt Resolu- tion 89-28 authorizing the issuance of Industrial Development Refunding Revenue Bonds under Section 469.152-469.165, Minnesota Statutes for Office Electronics, Inc.. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 6 ~ ~ $9.88 Motion was made by Sindt, seconded by Harvey to reset the public hearing. for the proposed installation of decorative street lights in the Woodbury Addition to March 20, 1989 Council meeting. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.89 t4otion was made by Enright, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright., Sindt, Harvey, Nelson, Zaun. Time: 9:55 p.m. Respectfully submitted; ~ f, F,, Patrick E. McGarvey, City C rk .~G1:-(~.~ _ Duane. Zaun or 7 ` ~ CITY OF LAKEVILLE AGENDA COUNCIL MEETING FEBRUARY 21, 1989 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. February 6, 1989, Council meeting.. b. Approval of the claims for payment. c. Receive the minutes of the following Advisory Committees. Planning Commission, February 2, 1989 .Park & Recreation, February 1, 1989.. Natural Resources Committee, February 7, 1989 d. Resolution abating assessments on parcels 422-00110-020-76 and 4622-00110-030-76 for Kenrick Avenue street improvements. e. Approve the continuation of a joint powers agreement between the City of Lakeville and the South Metro Drug Task Force f. Approval of an easement agreement with Dakota County for parcels 15, 15A, 15B and 15C for county road project number C.P. 23-24, Cedar Avenue. g. Approval of an agreement between the State of Minnesota, Department of Transportation and the City of Lakeville for the installation of emergency vehicle pre-emption at Highway 50 and Kenrick Avenue. h. Approval of an agreement between the State of Minnesota, Department of Transportation and the City of Lakeville for the installation of emergency vehicle pre-emption at Highway 50 and Trunk Highway-35 West ramps.. s9 CITY COUNCIL AGENDA FEBRUARY 21, 1989 i. Approval of a joint powers agreement between Burnsville, Apple Valley, Eagan, Rosemount and Lakeville for traffic markings, street sweeping and seal coating. j. Approval of a final acceptance of park improvements for Antlers Park and Valley Lake Park. k. Approve final acceptance of utility and street improvements and the final payment for Jackson's 1st Addition, Oak Shores 2nd Addition (Improvement Project 86-3). 1. Approve final acceptance of utility. and street improvements for Crystal Ridge Estates. m. Approve Change Order 4~2 for 172nd Street reconstruction (Project 88-1). n. Approve final acceptance of street improvements for Park Ridge .Estates. o. Approve Change Order ~E'4 for 165th Street, Improvement Project 87-4. 5. Approve the application of Dakota County H.R.A. for a preliminary plat for a senior citizens apartment complex, rezoning to PUD and street and utility vacation on property located west of Howland Avenue between 208th Street and north of Upper 208th Street. 6. Approval of an addendum to the development contract for Shady Oak Shores Addition. 7. Consideration of the rezoning of property, formerly part of Area F, from R-7 to R-5 or R-6, located in the vicinity of County Road 64 and Juno Trail, owned by Brad and Audrey Johnson. a. Ordinance rezoning the property 8 Decision on the request from the Pan-O-frog Board of Directors for City financial assistance and labor for the July 4th fireworks park of the celebration. 9 Receive staff report providing information on three City owned parcels of property, in response to the Lakeville Community Corporation request for City. property on which they propose to construct an ice arena.. 10. Approve plans and specifications for the site work,. concrete and masonry and structural steel for the new city hall and set the bid date for March 17,.1989. 2 ~ i CITY COUNCIL AGENDA FEBRUARY 21, 1989. 11. Receive proposals from companies who wish to administer the flex-plan of employee benefits, and recommendation from the Finance Director. a. Award of the contract to administer the City flex-plan for employee benefits. 12. Approval. of the purchase of three RECD balers for $11,670 for the .Lakeville Off-Sale Liquor Stores. 13. .Approval of the classification of four parcels of tax forfeited property as conservation and non-conservation as recommended by the City Engineering and Finance Director as per February 13, 1989, memo. 14. Approval of an agreement with the Minnesota Department of Natural Resources to relocate the fishing pier from the Kenrick Avenue area of Lake Marion to the Casperson Park area due to the low lake level. 15. Approval of concept master plans for Wayside Park and James Jensen Park. 16. Approval of an amendment to the Budget and Work Plan for the City Recycling Program. 17. Receive letter from Donohue regarding reimbursement of costs by Donohue to the City on Holyoke Streetscape, (Project 88-8). 18. Approval of storm sewer credits for the Orchard Lake Hills Addition. development. 19. Approval of a resolution providing workman's compensation insurance for the City Council members. 20. Any other business. 20A Public hearing on the proposed issuance of revenue bonds under the Municipal Industrial Development Act, Minnesota Statues, Sections 469.152-469.165 as amended. 1. .Attest to legal notice. 2. Presentation of the bond issue purpose. 3. Questions and comments. 4. Motion to close the public hearing 5. Resolution authorizing the issuance of Industrial Development Refunding Revenue Bonds under Sections 469.152 - 469.165, Minnesota Statutes. 3 T- o ,I ~ • CITY COUNCIL AGENDA FEBRUARY 21, 1989 20B. Approve release of Lot 1, Block 3, Dodd Ridge Second Addition from .the developer agreement. 21. Adjourn. 4