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HomeMy WebLinkAbout11-16-92 e ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1fi,1992 :.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, Mulvihill, Harvey and Mayor Zaun. Also present: R. Erickson, City Administrator; J. Walston, Assistant City Attorney; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; D. Gudmundson, Chief of Police; R. Brekken, Recreation Program Supervisor; Jim Robinette, Environmental Resources/Public Works Director; J. Hennen, Planning Assistant; C. Friedges, City Clerk. MINUTES The minutes of the October 19th and November 2nd regular Council meetingsand the October 26th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson requested an executive session of the City Council immediately following the Council meeting for the purpose of discussing collective bargaining. Chief of Police: Chief Gudmundson presented the October Police Department monthly report. Parks & Recreation Director: Renee Brekken, Recreation Program Supervisor, presented the October Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mr. Jack Matasosky, President of the Lakeville Chamber of Commerce, introduced Mr. Roger Jackson, Executive Director of the Chamber. Mayor Zaun read proclamations from the American Legion Post 44 Auxiliary and School District 194 declaring the week of November 15-21 as American Education Week. Donna Beck and Nancy Malecha accepted the proclamation on behalf of the John Vessey American Legion Post 44 Auxiliary. Judy Lecher, President of the Lakeville Education Association, accepted the proclamation on behalf of the Association. 92.299 Motion was made by Harvey, seconded by Sindt to authorize the Mayor's signature on the proclamations declaring the week of November 15-21 as American Education Week. ( ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16,1992 . PAGE 2 Roll call. was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmember Harvey removed item 70, approval of a Wetland Replacement Agreement, from the consent agenda. 92.300 .Motion was made by Harvey, seconded by Ruhmann to approve the consent agenda items as follows: a. Receive claims for payment. b. Receive October Investment Report. c. Receive minutes of the following advisory committee meetings. Planning Commission, November 5,.1992 Parks & Recreation Committee, November 4,1992. Environmental Affairs Committee, November 2, 1992 Waste Haulers Subcommittee (E.A.C.), October 27,1992 • d. .Approve final credits and storm sewer area charges .for Cherry Ridge 2nd Addition. e. Approve final credits and storm sewer area charges far Highview Heights 5th Addition. £ Approve final credits and storm sewer area charges for Country Pond South 2nd Addition. g. Grant extension of completion date for miscellaneous draintile and storm sewer improvements, Improvement Project 92-16, from November 25, 1992, to June 1,1993. h. Resolution No. 92-187 approving annual contract with State of Minnesota for snow removal on Trunk Highway 50 in downtown Lakeville. i. Resolution No. 92-188 approving plans and specifications and authorize taking of bids for the demolition of the downtown grain silos; and approve memorandums of agreement with Dakota County H.R.A, and Despatch Industries, Inc. j. Approve proposal by Julee Quarve-Peterson, Inc.. to provide consulting services for compliance with applicable codes,. laws and guidelines pertaining to accessibility for persons with disabilities. • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16, 1992 PAGE 3 k. Resolution No. 92-189 accepting donation from Kathy Theis to the James Jensen Park. 1. Authorize submittal of an application for designation of Lakeville as "Tree City USA". m. Grant extension of completion date for Improvement Project 92-6, Emergency Generator, from December 1 to December 18,1992. n. Receive staff recommendation on the Dakota County uniform street naming and addressing system. o. (Removed from Consent Agenda). p. Approve billboard and bench sign licenses effective September 1, 1992 through December 31, 1993. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 70 Mr. Nelson explained that Randy and Colleen Ratzlaff purchased a 10-acre parcel from Frank Walsh for the construction of a single family residence. At the time of application for a building permit, they were informed that the proposed driveway on the parcel would be crossing a wetland, and the watercourse within the wetland is a Department of Natural Resources Protected Waterway. The proposed mitigation for the impacted wetlands is the construction of a "duck pond". Mr. Nelson explained that .the property owners to the east (Dean and Elizabeth Kozulla) will also need to fill a portion of the wetland on their property in order to construct a driveway to access .their home. The Ratzlaff's and Kozulla's have agreed to jointly construct the. pond and have it serve as mitigation for both properties. Staff approves of this arrangement, subject to the stipulations outlined in the assistant engineer's report dated October 27, 1992. Councilmember Harvey stated he felt that additional information should be provided which would show the exact location of the homes in relation to the drainage. easements, available information on septic system percolation rates, location and size of culverts, and the direction m which the waterway flows. Mr. Brickson suggested the Council table this item to allow staff. to provide the additional information as requested by Councilmember Harvey. 92.301 Motion was made by Harvey, seconded by Mulvihill to .table consideration of a Wetland Replacement Agreement with the Ratzlaff's and Kozulla's .until the December 7th Council meeting to allow staff time to provide additional information. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16,1992 • PAGE 4 Roll call was taken on the motion. Ayes,. Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 8 Mr. Don Jensen of The Rottlund Company, Inc. requested Council consideration of .the final plat of Crystal Lake Golf Estates 2nd Addition, consisting of 20 townhome units, one single family residential lot and the remaining Crystal Lake Golf Estates PUD as outlots. He stated the modifications to the lighting plan, as requested by the Planning Commission, have been. completed. He stated the developer has agreed to provide the first lift of asphalt, regardless of weather conditions, so that construction of the model townhomes can proceed. r Mr. Sobota stated the County Examiner of Titles has completed his investigation into the street vacation issue, which has now been resolved. The developer has signed the development agreement, and a cash escrow security in the amount of $153,919.20 has been posted. The City Attorney is preparing deeds and mortgage release forms to exchange Outlot E and Lot 1, Block 3 for Outlot F. These transactions are necessary because of the revisions made in the design of the golf course .and the single family subdivisions. Staff recommends approval of the final plat and the exchange of deeds between the City and Freeborn Mower, Ltd. • 92.302 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 92-190 approving the final plat of Crystal Lake Golf Estates 2nd Addition, and authorize the mayor and city clerk to sign the development agreement with The Rottlund Company, Inc. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 92.303 Motion was made by Mulvihill, seconded by' Sindt to authorize the mayor and city clerk to sign a quit claim deed to Freeborn Mower, Ltd. for Outlot E and a deed for Lot 1, Block 3. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 Mr. Jack Brown, attorney for Dave Truehart, requested the Council consider granting an additional 60-day time extension for filing of the Truehart Addition plat. Mr. Brown provided a detailed explanation as to the need for the time extension to clear up deficiencies in the legal .description for the plat. He explained that he and Mr. Truehart have .acted promptly in every aspect of the process to resolve the matter; however, representatives of the County Examiner of Titles Office and Recorder's Office have not been as • responsive. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16, 1992 PAGE 5 Mr. Brown indicated that the recorders office has now completed examination of necessary papers for the registration of the property and for Proceedings Subsequent on the already registered portions of the property. Changes m the legal descriptions were requested, and these changes will be made upon direction of the Examiner of Titles. Mr. Sobota stated, based on his discussions with the Examiner of Titles' and Recorder's offices, that he feels 60 days will be a minimum amount of time far Mr. Brown and Mr. Truehart to resolve the legal description issue and complete the recording of the final plat. Mr. Walston stated he feels a 60-day extension is warranted. He stated he feels the developer's attorney has moved .along as quickly as he possibly can, taking into consideration the City's time frame versus the County's time frame.. Councilmember Ruhmann asked Mr. Truehart if he would, in fact, agree to pay any additional taxes that might result from the Schroeders not receiving homestead credit, and Mr. Truehart stated he would do so. Councilmember Harvey questioned whether the City should require that clear title to property be verified by a developer prior to Council consideration of a final plat. • Mr, Walston indicated .that it would be in the developer's, as well as the City's, best interest to obtain a title opinion or title insurance commitment early in the platting process, rather than waiting until the plat is being. recorded. 92.304 Motion was made by Sindt, seconded by Ruhmann to grant a 60-day extension of time for filing of the Truehart Addition plat. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS Councilmembers and staff further discussed the possibility of requiring a developer to show clear title of property being platted before the Council considers approval of a final plat. 92.305 .Motion was made by Harvey, seconded by Mulvihill to direct the City Attorney to review alternative policies regarding title on property being platted prior to final plat approval; and to gain a better understanding of the County's role in these matters. Roll. call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,. Ruhmann. CITY OF i .AKRVILLE COUNCIL MEETING NOVEMBER 16, 1992 • PAGE 6 Councilmember Sindt expressed her concern regarding Dakota County's request that cities assume the responsibilities of the uniform street naming and addressing. system. Mr. Erickson stated he contacted Ms. Dornfeld from the County's Physical Planning Office and indicated to her that due to the City's rapid growth, our staff would not be in a position to undertake that responsibility. ANNOUNCEMENTS Next regular Council meeting, December 7,1992 Council work session, November 24, 1992 Mayor Zaun adjourned the meeting at 8:05 p.m. Respectfully submitted, Wl Charlene Friedges, City erk I • Du ne Zaun, or •