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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 PAGE2 • 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. • CITY OF LAKEVILLE COUNCIL MEETING MARCH 15,1993 PAGE 3 • 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 PAGE 4 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 PAGE 5 • 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