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HomeMy WebLinkAbout06-21-93 } r CITY OF LAKEVILLE COUNCLL MEETING JUNE 21, 1993 The meting 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 Sindt, Mulvihill, Harvey .and Mayor Zaun. Absent: Councilmember Ruhmann. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development. Director; D. Feller,. Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Morey, City Planner; C. Friedges, City Clerk. MINUTES The minutes of the. June 7, 1993, City Council meeting were approved as presented. STAFF ANNQUNCEMENTS ATTORNEY: None. ENGINEER: Mr. Nelson announced that the Minnesota Department of Transportation has executed the agreement with Dakota County. for the turnback • of Trunk Highway 50 to Dakota County and reconstruction of Trunk Highway 50 from Kenwood Way to .Iceland Trail. The agreement also .includes. MnD T's cost participation of $4.1 million toward the I-35 interchange at County Road 46 and funding for a third lane on I-35. The contractor for the project, Ames Construction, will begin construction of detour routes this week, and this portion of Trunk Highway 50 will officially close on Monday, June 28th. The main detour for the project will be Dodd Boulevard and 185th Street, however, two-way traffic will be maintained along Trunk Highway 50 between Jaguar Avenue and Dodd Boulevard. ADMINISTRATOR: None. CHIEF OF POLICE: Chief Gudmundson presented the May Police Department monthly activity report. PARKS AND RECREATION DIRECTOR: Mr, Michaud presented the May Parks and Recreation Department monthly activity report. PRESENTATIONS/INTRODUCTIONS Ms. Marcie Padgett and Ms. Barb Kasal, representing the Minnesota Recreation and Parks Association, presented an Award of Excellence to the City Council and Friends of the Land of Amazement for the community playground project. Ms. Sheila Handl, President of the Lakeville Women of Today, requested the Mayor's signature on a proclamation designating July 1, 1993, as Women of Today Founders' Day. CITY OF LAI£EVILLE COUNCIL MEETING JUNE 21,1993 • PAGE 2 93.182 Motion was made by Harvey, seconded by Mulvihill to authorize the Mayor's signature on the proclamation designating July 1, 1993, as Women of Today Founders' Day. Rail. call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey. Police Chief Gudmundson introduced representatives of the Dakota County Chapter of MADD (Mothers Against Drunk. Driving)..:. A Certificate of Appreciation was.. presented to the .organization for their donation of funds toward the purchase of a video camera for installation in a police .patrol vehicle. Police Chief Gudmundson introduced Police Officers David Watson, John Elder and Andy Bohlen and administered the oath of office to the new officers. PRESENTATIONS/INTRODUCTIONS Mr. Doug Thompson, 1993 Pan-O-frog President, expressed appreciation to the City of Lakeville far its .cooperation and support of the annual celebration, and outlined the 1993 schedule of Pan-O-Prog events. • CONSENT AGENDA Councilmembers removed item 7t, resolution declaring. surplus property and authorising its sale, from the consent agenda.. Cauncilrnembers added item. 11, resolution vacating an existing drainage and utility :easement at 12058 Lucerne Trail, to the consent agenda. 93.183 Motion was made by .Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. May investment report. c. Receive minutes of the following advisory committee meetings: Planning Commission, June 3rd Parks & Recreation Committee, June 2nd EnvironmentaLAffairs Committee, June.. lst Cable TV Board, May 11th and June 8th d. Resolution No. 93-116 receiving donation from MADD. e. Change Order No. 5 with Fredges Landscaping, Inc. for Improvement Project 92-14, Parkview ballfields and Cedar Highlands park development. CITY OF LAI~EVILLE COUNCIL MEETING JUNE 21, 1993 • PAGE 3 £ Resolution No. 93-117 approving a raffle license for the Leukemia Society of America, Minnesota Chapter, for an event at the Chart House Restaurant. g. Change order with Carl Bolander and Sons for the downtown concrete silo demolition project, Improvement. Project 92-17. h. Authorize .submittal of a Dakota County Community Landfill Abatement Special Assistance Grant Application.. i. Receive bids on the outdoor siren warning system, Improvement Project 93-3, and approve Resolution No. 93-118 awarding contract. j. Resolution No. 93-119 approving abatement of assessments on the former Pedley property, Judicial Road, Improvement Project 89-9. k. Resolution No, 93-120 designating a portion of T.H. 50 as a County State Aid Highway. 1. Easements for conveyance of City-owned land to Dakota County for the reconstruction of County Road 46, Ipava Avenue to Joplin Avenue, County Project 46-09, Improvement Project 91-3. • rn. Resolution No. 93-121 extending the Interim Wetland Activities Rule. n. Dance permit for Colleen. McDonald, representing the Students Against Drunk Drivers, for the Pan-O-Prog teen dance to be held on July 7, 1993. o. Resolution No. 93-122 authorizing temporary closing of City streets for Pan-O-Prog events.. p. Real Estate Purchase Agreement between the .City of Lakeville and Mildred Miller £or Lot 6, Marrinan Addition. q. Resolution No~ 93-123 .accepting donation from Christina Huddleston Cub. Scout Pack 262 to the Parks & Recreation Department. r. Agreement .for Le al Services between the City of Lakeville and Campbell, Knutson, Scott & Fuchs incorporating a monthly retainer for prosecution services. s. Resolution No. 93-124 requesting Dakota County Board of Commissioners to continue in their efforts to provide juvenile detention for .Dakota County. t. (Removed from consent agenda).. u. Agreement with James Bohrr for purchase of the quonset building located • on 210th Street. 4 CITY OF LAKEVILLE COUNCIL MEETING JUNE 21,1993 • PAGE 4 11. Resolution No. 93-128 vacating a drainage and utility easement fog Todd Klinge1,12058 Lucerne Trail. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun. ITEM 7t 93.184 Motion was made by Harvey, seconded by Mulvihill, to table consideration of .consent agenda item 7t until such time as the list of surplus property is determined. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt. ITEMS 8-10 Finance Director, Dennis Feller, and Mr. Jerry Shannon of Springsted, Inc. requested Council authorization for the issuance and sale of three bond. issues: 550,000 General Obligation Improvement Bands, Series 1993A: Will .assist in financing two improvement projects, sealcoating and 195th Street sanitary. sewer. • X1,250,000 General Obligation Park Refunding Bonds, Series 1993B: The City Council considered refunding this issue in October of 1992; however, due to market conditions, the level of savings was not satisfactory, and the. funding was rejected. Market conditions have since improved, :and Springsted is recommending the City take- advantage of lower interest rates. This issue would result m an estimated savings. to the City of $131,285, with a present value savings of $91.,932. X1,340,000 General Obligation Improvement Refunding Bonds, Series 1993C: The City Council considered refunding two existing issues in October of 1992, the 1983 Improvement Bonds and the 1988A Improvement Bonds; however, due to market conditions, the level of savings was not satisfactory, and the funding was rejected. Market conditions have since improved, and Springgsted is recommending the City take advantage of lower interest rates. The net savings on interest costs will be used to offset cash flow deficiencies which have been incurred as a result of special assessment delinquencies and green acre deferments. This issue would result in an .estimated savings in debt service costs to the City of $496,750, with a present value savings of $132,470. Mr. Shannon recommended the bonds be offered for sale on Monday, July 19th, with bids received at the S ringsted office at 12:00 noon and a recommendation presented to the City Council that evening. • Mayor Zaun asked Mr. Feller what happens to the unencumbered funds that are derived from payments eventually received from green acres deferments and delinquent special assessments. CITY OF LAKEVILLE COUNCIL MEETING JUNE 21, 1993 PAGES Mr. Feller explained that there .are several geographic locations where green acres deferments exist, and all of the deferments he within the MUSA. When property is developed, the assessments will be paid off, leaving no deficit m the bond fund. After the retirement of the last bond payment, the City Council may designate unencumbered balances for any general purpose which is of City-wide benefit. 93.185 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 93-125 authorizing issuance and sale of $SS0,000 General Obligation Improvement Bonds, Series 1993A; Resolution No, 93-126 authorizing issuance and sale of $1,250,000 General Obligation Park Refunding Bonds,. Series 1993B; and Resolution No. 93-127 authorizing issuance and sale of $1,340,000 General. Obligation Improvement Refunding bonds, Series 1993C. .Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill. ITEM i2 Pastor Del Lind, representing the Family of Christ Lutheran Church, requested Council approval of the preliminary and final plat of Family of Christ Lutheran Church. Addition and a conditional use permit to allow the construction of a church and the operation of a day care facility on the south side of 185th Street east of Orchard Trail Mr. Morey provided an overview of the plat and conditional .use .permit request, which involves the construction of a 7,500. square foot, one story, church building with 86 parking spaces and adrop-off driveway aisle at the church entrance. A 23,000 square foot expansion, with an additional 113 parking spaces, is planned far a future date. He stated that .11 acres of mitigation is proposed for the wetland located in the northwest corner of the plat. Mr. Morey stated the Dakota County Plat Review Committee recommended that. the proposed driveway access on 185th Street should not be allowed. He stated, however, that City staff will submit a request to the County.. in support of the 185th Street driveway access, taking into consideration that peak demand for the church will only occur an Wednesday evening and Sunday morning. The City staff and advisory committees recommend. approval of the .preliminary and final. plat and conditional use permit for Family of Christ Lutheran Church. Mr. Nelson presented plans and specifications for the Orchard Trail/188th Street trunk sanitary .sewer, watermain and street improvements. Because of the Family of Christ Lutheran Church development, a 10-inch trunk sanitary sewer and 12-inch trunk watermain will be extended along Orchard. Trail from 188th to 185th streets. As stated in the development contract, the _ Family of Christ Lutheran Church have agreed to be assessed $13,848 for sanitary sewer construction and $8,160 for lateral watermain construction along Orchard Trail. As part of the project, Orchard Trail is proposed to be blacktopped CITY OF LAI~EVILLE COUNCIL MEETING JUNE 21, .1993 PAGE 6 with a temporary 24-foot wide bituminous surface. Mr. Nelson stated this temporary resurfacing is an important part of the project, as Orchard Trail will become a major detour route with the proposed reconstruction of Trunk Highway 50. Councilmember Harvey raised a concern regarding the proposed driveway access .from the church property onto 185th Street and asked where the driveway is proposed to be located. in relation to the .crown of the hi1L Mr. Ken Anderson, the church's engineer, stated that while, in his opinion, the site distance is not perfect, they have improved it somewhat by moving the driveway further to the east, away from the hill. He stated that while the site distance is considered adequate for the speed limit on 185th .Street, the church is considering purchasing additional property to the east so that the driveway can be moved. Councilmember Harvey suggested possibly designating the driveway .right turn. in/right turn aut only. Mr. Erickson stated he did not feel that would be necessary at this time, but suggested the issue be re-evaluated in the future when traffic increases on 185th Street. Mr. Morey suggested an .additional stipulation be added to .the conditional use permit stating that the need and location of the driveway access be evaluated when the building expands. 93.186 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve a conditional use permit for Family of Christ Lutheran Church. to allow the construction of a church and the operation of a day care facility on the south side of 185th Street, east of Orchard Trail; with an additional stipulation that the need and location of the driveway access onto 185th Street will be evaluated at the .time of Phase Two building expansion. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey. 93.187 Motion was made by Sindt, seconded by Mulvihill to approve. Resolution No. 93-129 approving the preliminary and final plat of Family of Christ Lutheran Church Addition, and authorize the Mayor and City Clerk to sign the development contract. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun. .93.188 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 93-130 approving plans and specifications and setting a bid date for trunk watermain, sanitary sewer and bituminous paving improvements. to Orchard Trail/188th Street, Improvement Project 92-19. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt. S CITY OF I ,AKF VILLE COUNCIL MEETING .JUNE 21, 1993 • PAGE 7 ITEM 13 Mr. Paul Kempf, representing Phase Two Development, Inc. requested Council approval of the final plat of Marion Village: Second Addition, which consists of 85 single family residential lots on the north side of 205th .Street (County Road 64), east of Kenrick Avenue .and west of the first phase of Marion Village... Mr. Sobota provided an overview of the proposed plat, which represents the development of phases two and three of the Marian Village by-the-Lake preliminary plat approved in 1988. The adjacent property owners to the north, Jack and Vivian Pavlike, are requesting .the vacation of a .portion of the 202nd Street right-of-wad, located outside the final plat just. east of Outlot C. The vacated portion of 202nd Street and the triangular shaped parcel located immediately to the south shall be combined with the existing Pavlike property into one unified lot, The portion of the 202nd Street right-af-way proposed to be vacated is not needed, given the right-of-way dedication .and street construction for 202nd Street proposed with the Marion Village Second Addition plat. Mr. Sobota went on to explain that the developer is required to purchase the. 41.25 foot strip of land located immediately west of Lots 2 and 3, Block 1, and replat .Lots 2 and 3 to include this strip of land consistent with the • approved preliminary plat.. No building permits will be .issued for Lots 2 and 3 until the property is replatted, and the developer will past a $2,500 security to insure the replatting of the property. Mr. Sobota explained that the Parks & Recreation Committee recommended a cash contribution to satisfy the park and trail .dedication requirements.. He explained that .the Forks & Recreation Committee and staff looked at the proposed location for the trail and, considering .the large number of oak trees. that would need to be removed, recommended a cash contribution .for future construction of the trail when a plan is approved by the Committee. The City staff and .advisory committees recommend approval of the vacation of a portion of the. 202nd. Street .right-of--way and the. final plat of Marion Village Second Addition. Councilmember Sindt asked. if Kensington Blvd. is the only .street .access. to County Road 64 serving this development. Mr. Sobota stated .that in addition to the "County Road 64 access, the residents .can utilize the .existing .202nd :Street and .Juno Trail -to the east. In the future, as the area to the west develops, 203rd Street will be extended to create a third access. Councilmember Harvey stated he felt Lots 2 and 3, Block 1, should have been handled as an outlot, rather than platting them and then -having them replatted after the developer purchases the 41 foot strip. He felt that the lots are likely to be purchased prior to the .replatting, with the understanding that homes can be built on them. Mr. Sobota stated he felt that with the developer posting a cash security to insure re-platting, and the way the development contract is worded,. staff feels they have the same control aver the future of the two lots that they would have over an outlot. ~ ~ 1 i CITY OF LAKEVILLE COUNCIL MEETING JUNE 21,1993 • PAGE 8 Mr. Erickson suggested the $2,500 security required by the developer to insure repTatting of this property could be raised to $5,000, with a proviso that $2,500 be released as soon as the purchase is consummated,. and the remaining $2,500. be released after the property is replotted. He :explained that if the purchase is not consummated, the property could be condemned and platted by the City at no cost to the taxpayers. Councilmember Harvey .asked if the future trail location will be delineated so that homeowners. are made aware of it. Mr. Michaud stated. the development contract states that a trail will be constructed in Outlot C, and .the developer will post signs on the property delineating the proposed trail, Mr. Erickson .suggested that a stipulation be included in the development. contract whereby the builder and home buyer would sign a certificate prior to the issuance of a building. permit that they acknowledge the location of the future trail. 93.189 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 93-131 vacating a portion of the 202nd Street right-of-way platted in 5ullivan's First Addition to Marion Heights. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill. 93.190 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 93-132 approving the final plat of Marion Village Second Addition, and authorize the Mayor and City Clerk to sign the development contract, with the inclusion of Paragraph 25M requiring property owners to sign a certificate, prior to the issuance of a building permit, that they are aware of the future trail location. Roll .call was .taken on the motion.. Ayes, Zaun, Sindt, .:Mulvihill. Nays,. Harvey.. Councilmember Harvey did not like the manner in which the 41 foot exception and Lots 2 and 3, Block 1, were. being handled. ITEM 14 Mr. Erickson recommended the Council set a work session for the purpose of reviewing preliminary plans for the police station expansion/remodeling project.. 93.191 Motion was made by Harvey, seconded by Sindt to set a Council works session for Tuesday, July 13th, at 7:00 p.m. at the Police Station. Roll call was taken on the motion. Ayes,. Sindt, Mulvihill, Harvey, Zaun. • s ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 21, 1993 PAGE 9 UNFINISHED BUSINESS Mr. Erickson provided a ,status .update on the localized flooding .problems within the City and expressed appreciation to City employees for their efforts and neighboring communities for their assistance. ANNOUNCEMENTS Next regular Council meeting, Tuesday, July: 6,1993. .Mayor Zaun adjourned the meeting at 8:55 p.m. Respectfully submitted, Charlene Frie ges, Cit lerk D ane Zaun, May. r •