HomeMy WebLinkAbout03-15-93 ~y
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15,.1993
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 Ruhmann, Sindt, Harvey and
Mayor Zaun. Absent: Councilmember Mulvihill.
Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K.
Nelson, City Engineer; M. Sobota, Community & Economic Development Director;
D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D.
Gudmundson, Chief of Police; B. Christensen, Fire .Chief; J. Hennen, Planning.
Assistant; C. Friedges, City Clerk.
STAFF ANNOUNCEMENTS
ATTORNEY: 1) Mr. Knutson requested Council approval of an easement agreement
with Tony. and Joann Wahl for the Orchard Lake/Judicial Road Improvement
Project No. 89-9. 2) Mr. Knutson requested the Council .hold a brief
executive session following. adjournment of the Council meeting to discuss
pending litigation.
ENGINEER: Mr. Nelson provided a letter from the CP Rail System, along. with a
fully executed. agreement, for replacement of the 168th Street bridge. As
stated in the letter from CP Rail, Mr. Nelson informed the Council that there
are no present plans for track abandonment. In response to the City's
concern over future ownership of the signal system if .this line segment were
abandoned, a new paragraph was inserted into the agreement which states that
CP Rail would own the signal system and would credit the. City the salvage.
value of any signal material removed within a ten year period from original
installation. Mr. Nelson requested :Council receive the letter and approve.
the revised agreement.
ADMINISTRATOR: 1) Mr. Erickson requested the Council hold an executive
session fallowing .adjournment of the Council meeting for the purpose of
discussing. collective bargaining for the Police sergeant/lieutenant .union
contract. 2) Mr. Erickson stated an announcement will be made at the April
5th Council meeting regarding the City's current population. 3) Mr. Erickson
requested Council consider receiving bids and awarding a contract for a
mechanical broom-type street sweeper. He explained that the bids came in
under budget, and. requested the contract be awarded at this time due to the
70-day delivery time for the equipment.
POLICE CHIEF: Chief Gudmundson presented the February Police Department
Monthly Report.
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the February Parks &
Recreation Department Monthly Report.
FIRE CHIEF: Chief Christensen presented the Fire. Department 1992 Annual
• Report.
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15,1993
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PRESENTATIONSJINTRODUCTIONS
Mayor. Zaun introduced State Representatives Bill Macklin (District 37-B) and
Eileen Tompkins (District 36-A), who were invited to the Council meeting to
provide an update on the 1993 legislative session. He stated State Senators
Dave Knutson: and Pat Pariseau were unable to attend. Representatives Macklin
and Tompkins briefed the City Council on the... following legislative
proposals: salary freeze for public employees, agricultural property ax
relief, property tax freeze, Representative Orfield's legislative. package and
the Morrison bill regarding repeal of the dual-track airport planning process
and the transportation utility fee.
Mr. Erickson presented a certificate of appreciation to Michael O'Donnell :for
his service on the Planning Commission.
Chief Gudmundson introduced Ms. Kathleen Sherrard, Police Department
part-time receptionist/typist.
CITIZENS' COMMENTS:
1) Mr, Ed Mako, representing School District 194, spoke on behalf of
Lakeville residents in support of the School District's upcoming bond
• referendum and thanked the City Council for its cooperation with the School
District in acquiring the site for the proposed new Jacquard Elementary
School.
2) Mr. Walt. Sternberg voiced his concern that property owners along Kingsley
Lake are not being given. equal property rights compared to Lakeshore property
owners on Lake Marion and Orchard Lake.
CONSENT AGENDA
93.80 Motion was made by Harvey, seconded by Sindt, to approve the modified consent
agenda items as follows:
a. Approve claims for payment.
b. Receive monthly investment report.
c. Receive minutes of the following advisory committee meetings:
Cable TV Board, February 9,1993
Parks & Recreation Committee, March 3, 1993
Strategic .Growth Management Task Force, March 4,1993
Joint Work Session-Strategic Growth Management Task Force, Planning
Commission, Environmental Affairs Committee, Economic Development
Commission, February 24,1993.
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CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15,1993
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d. Receive bids and approve Resolution No. 93-41 awarding: contract for I-35
.trunk .sanitary sewer, storm sewer. and trunk watermain crossings,
Improvement Project 92-2.
e. Receive bids and approve Resolution No. 93-42 awarding contract for
195th Street sanitary sewer improvements, Improvement Project 92-10.
f. Resolution No. 93-43 approving plans and specifications and setting. a
bid date for miscellaneous bituminous overlay, curb replacement and
installation of pedestrian ramps, Improvement Project 92-9.
g. Approve 1993 City of Lakeville Standard .Specifications and Standard
Detail Plates for utility and. street construction.
h. Final acceptance of utility improvements only, Marion Hills Second
Addition.
i. Receive bids and approve Resolution No. 93-44 awarding .contract for
landscape maintenance.
j. Approve farm lease with William Feldman for the Fairfield Business
Campus property located near the McStop water tower.
12. Adopt Ordinance No. 493 amending Title 4, Chapter 2, of the Lakeville
City Code concerning mixed municipal solid waste and recyclable
material.
17a. Approve Permanent Easement Agreement with Tony and Joann Wahl for
Improvement Project 89-9, Orchard Lake/Judicial Road.
17b. Receive bids for one four-wheel drive mechanical broom type street
sweepper and authorize purchase of a 1993 Elgin Eagle Series F from
MacQueen Equipment Company in the amount of $122,190, less the trade-in
of a 1985 Elgin sweeper in the amount of $40,000.
17c. Receive letter from CP Rail System dated March 11, 1993, and approve
agreement with additional language as outlined in the letter from CP
Rail, as recommended by the City Engineer.
.Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Harvey.
ITEM 7
Mr. Ralph Wagner, representing GRQ Development, Inc. requested approval of
the final plat of Country Pond South 5th Addition, which represents the third
development phase of the Country Pond South preliminary plat approved in
1990.
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15,1993
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Mr: Sobota provided an overview of the proposed final plat, which consists of
48 single family residential lots located west of Flagstaff Avenue and south
of Dodd Boulevard. The plat will include the extension of 175th Street,
which is designated as a minor collector in the City's transportation plan,
from its present terminus in .Country Pond South 2nd Addition. There are no
wetlands and only one significant tree located within. the boundaries of :the
plat. A letter of intent to issue a letter of credit has been submitted by
Norwest Bank Minnesota, and a cash payment has been -made to cover
administrative costs. The Planning Commission held a public hearing and
unanimously recommends approval.
93.81 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No.
93-45 approving the final plat of Country Pond South 5th Addition.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann.
ITEM 8
Mr. Ralph Wagner, representing GRQ Development, Inc., requested Council
consideration of a permit to grade the bth and 7th additions of Country Pond
South in conjunction with grading of the Sth addition. He stated .the grading
would be done in accordance with the City's requirements for the 5th
addition, and security would be posted to .assure proper restoration and
. revegetation of the entire site. He stated he felt that completion of all
the remaining .grading would enhance the control of erosion and provide a cost
savings to the developer.
Mr. Sobota stated the request for grading in advance of final plat approval
is contrary to current policy. He explained that grading a site without
final design of streets and utilities commits the development pattern to a
particular configuration. This can cause problems because the final design
of streets and utilities may require adjustments in the layout of the plat.
Also, when. changes occur in subdivision standards or' environmental
regulations, modifications may be required in the grading of the site. He
provided two options for Council consideration; approval of the grading
permit subject to security and an acceptable design. and placement of erosion
control functions, or denial.
Councilmember Harvey pointed out problems the City is experiencing. with a
development where grading. had been prematurely approved. He suggested a
possible re-phasing. of the lots for the .6th and 7th additions to coincide
better with grading.
Mayor Zaun stated he felt Council action on this matter should not supercede
the .normal review and recommendations by the City Council's advisory
committees.
93.82 Motion was made by Harvey, seconded by Ruhmann to deny the grading permit for
GRQ Development, Inc. to grade the 6th and 7th additions of Country Pond
South prior to final platting.
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15, 1993
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Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun.
ITEM 9
Mr. Michaud presented the final master plans for the Quigley-Sime .property
and Hypointe Crossing... neighborhood park. The Quigley-Sime site, which is
located just west of Aronson Park,. was. donated to the City in June of 1992..
The-.property consists of 27 acres, five of which are wooded.. The proposed
park would provide softball playing facilities for the 4th through 6th grade
students, with multi-purpose trails leading to Aronson Park and the downtown
area. The northeast. corner of the property provides expansion opportunities
for parking.
Mr. Michaud explained that. throughout the planning process, the staff and
Parks & Recreation Advisory Committee encountered some conflict with a
residence located on the north side of the property. The Committee and staff
are recommending the City consider acquisition of the Jones property. The
Parks & Recreation Advisory Committee recommends approval of the master plan
for the Quigley-Sime property.
Councilmember Sindt raised a concern regarding the location of the proposed
pedestrian trail, particularly concerning pedestrian safety near the
• retention pond. Mr. Michaud stated the Parks & Recreation Advisory Committee
held a public meeting with neighborhood residents, and those m attendance
were in favor of the proposed concept. The residents and .Parks & Recreation
Advisory Committee see the trail along the pond as an amenity to the park.
In response to Councilmember Harvey's concern, Mr. Michaud stated the
proposed pedestrian trail will connect with the existing 205th Street trail.
Councilmember Ruhmann asked about the future overflow parking area which is
now shown as a soccer field. Mr. Michaud explained that the-open grassy area
can be used in the interim as a soccer field, but will be made available for
parking as needed.
Mr. Michaud then presented the master plan for the Hypointe Crossing
neighborhood park. A neighborhood meeting was held, with approximately 15
residents in attendance. Ideas for the park were exchanged, and all
residents were in favor of the final plan. Mr. Michaud stated some .existing
boxelder trees will need to be removed, and a low area is being considered
for an ice skating rink in the winter.
Councilmember Harvey suggested the existing wooded area, which contains
primarily boxelder trees, could be infilled with hardwood seedlings, possibly
planted by a local civic or youth group.
93.83 Motion was made by Sindt, seconded by Harvey to approve the final master
plans for the Quigley-Sime property and Hypointe Crossing neighborhood park.
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15, 1993
PAGE 6
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt.
93.84 Motion was made by Sindt, seconded by :Ruhmann to direct staff to meet with
the owner of 8610-202nd Street to discuss possible acquisition of their
property to be included with the Quigley Sime park site.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Harvey.
ITEM 10
Mr. Michaud outlined the request of the Lakeville Men's Softball Association
to extend the closing time of Aronson Park from 10:00 to .11:00 p.m. He
explained .that due to continued pressure. to expand the adult softball
leagues, the City Council extended the playing hours at Aronson Park in 1992
to 11:00 p.m., with the understanding that in 1993, .given the additional
ligghting of fields #3 and #4, the closing time would return to 10:00 p.m.
Mr. Michaud went on to state that during the 1992 season, the Police
Department received two calls concerning. the softball field.. lights and one
noise complaint. He stated the Lakeville Softball Association. has an
additional 10 to 15 teams requesting entry in 1993, and the only way the new
teams can be accommodated is to expand the playing time to 11:00 p.m. on all
four fields.
• Councilmember Sindt raised concerns regarding the lack of residency
requirements in the Lakeville.. Softball Association when compared to
.neighboring communities.:
Mr. Darrell Buerke, President of the Lakeville Mens' Softball Association,
stated the majority of team members either live or work in the City of
Lakeville. Non-resident teams are occasionally allowed to enter the league
if there are .openings that need to be filled, however, he stated Lakeville
teams have first priority. Mr. .Buerke also pointed out the significant
contributions the Softball Association has made to' the Aronson athletic
facility...
Councilmember Harvey stated he felt the Lakeville .Softball Association is
getting as many resident players as other communities who have a more defined
residency requirement. He recognized the significant contribution the
Softball Association makes to the City's parks and expressed his support for
that organization. He :agreed with a comment made by Mr. Buerke that the City
is in need of an additional athletic facility such as Aronson Park.
Councilmember Ruhmann stated he supported Councilmember Harvey's position and
concurred with the Parks & Recreation Committee's recommendation to review
the .11:00 p.m. playing time extension on an annual basis.
Mayor Zaun suggested the Parks & Recreation Committee review residency
requirements in the Lakeville Softball Association and possibly draft a
policy whereby teams with 51% or more players who live or work in Lakeville
would. receive. priority over teams who have less than 51% residency.
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15, 1993
PAGE 7
Councilmember Sindt stated she felt that the potential for noise problems is
greater with the additional .lighting of .two .fields, and recommended that the
matter be reviewed again next year.
93.85 Motion was made by Harvey, seconded by Sindt to adapt Ordinance No. 491
amending Title 7, Chapter 1, of the .Lakeville City Code concerning City
parks, with a sunset provision that the closing time revert back to .10::00
p.m. effective October 1, 1993.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann.
ITEM 11
Planning Assistant John Hennen provided an overview of an ordinance amending
Title 3, Chapter 8, of the City Code concerning mixed municipal solid waste
and recyclable materials collectors. He explained that the definitions
contained in the recently completed Waste Management Study were inconsistent
with the existing defixutians m the City Code regardin waste management.
Mr. Hennen outlined the proposed ordinance changes, see memo from John
Hennen dated March 9, 1993, on file in the City Clerk's office) which would
bring the City's ordinance into compliance with the Waste Management Study
and State Statute requirements..
Mayor Zaun noted that the ordinance would allow a hauler to .collect
industrial waste without a license. He asked if this type of collection is
regulated by the State. Mr. Hennen stated he would research the. matter.
93.86 Motion was made by Harvey, seconded by Ruhmann to adopt Ordinance No. 492
amending Title 3, Chapter 8, of the Lakeville City Code concerning mixed
municipal solid waste and recyclable materials collectors.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun.
ITEM 13
Mr. Erickson presented a resolution supporting adoption by the Minnesota
Legislature of S.F. 472 and H.F. 479 repealing the dual track airport
planning process. He explained that a recent report by the Legislative
Auditor questions the estimates of demand for a new airport in the immediate.
future. He stated the Metropolitan Airports Commission (MAC} has expended
approximately $3.1 million to date on the process, and it is .anticipated that
the MAC and Metropolitan Council will expend $10 million by the time the dual
track process is completed, He stated the Dakota County Board of
Commissioners and .SOAR {Stop Our Airport Relocation) Group have recently
passed resolutions supporting adoption of the proposed legislation.
Mr. John Ahlberg stated he is in favor of the resolution supporting
legislation repealing the dual track airport planning process.
CITY OF LAKEVILLE COUNCIL MEETING
MARCH 15, 1993
PAGE 8
93.87 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 93-46
regarding the dual-track airport planning process.
Roll. call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt.
ITEM t4
93.88 Motion was made by Harvey, seconded by Sndt to set a work session for
Wednesday, March 31st, at 7:00 p.m. to discuss miscellaneous matters.
Roll call was .taken on the motion.. Ayes, Ruhmann, Zaun, Sindt, Harvey.
ITEM 15
93.89 Motion was made by Sindt, seconded by Ruhmann to set a work session to
interview architects for the police station. expansion and remodeling project
for Tuesday, April 13th from 7:00 to 10:00 p.m.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann.
ANNOUNCEMENTS
Next regular Council meeting, Apri15,1993
• Board of Review meeting,. Apri16,1993
Mayor Zaun adjourned. the meeting at 9:40 p.m.
Respectfully submitted,
Charlene Friedges, City rk
Du ne Zaun, Ma