Loading...
HomeMy WebLinkAbout03-02-92 CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1992 Mayor Zaun called the meeting to order at 7:00 p.m. 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. Knutson, City Attorney; R. Erickson, City Administrator; D. Feller, Finance Director; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; K. Nelson, City En 'neer; D. Gudmundson, Chief of Police; J. Robinette,. Environmental Resources/Public Works Director; C. Friedges, City Clerk. IV~]QICJTES The minutes of the February 18th City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson requested a brief executive session after the Council meeting to discuss the Queen Anne lawsuit. ENGINEER: None. ADMINISTRATOR: None. CHIEF OF POLICE: Chief Gudmundson presented the 1991 Police Department Annual Report. ALF AMBULANCE DD2ECPOR: Kevin Raun presented the 1991 ALF (Apple Valley, Lakeville, Farmington) Ambulance Annual Report. PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced Ms. Eleanor Bennett, Senior Center Assistant. CITIZENS' COM1V)ENTS None. CONSENT AGENDA Councilmembers removed Item 7c, agreement with Senior Citizens for stuffing of utility billing envelopes, from the consent agenda. Councilmembers added to the Consent Agenda Item 12, resolution authorizing purchase of equipment/vehicles; Item 13, reappointment of Mike Feist and Brett Anderson to the Environmental Affairs Committee Waste Hauling Subcommittee; and Item 14, appointment of Councilmember Sindt and Mayor Zaun as delegates to the • League of Minnesota Cities. r ~ti CITY OF LAKEVILLE COUNCIL MEETING MARCH 2,1992 PAGE 2 92.56 Motion was made by Ruhmann, seconded by Harvey to approve the modified consent agenda as follows: a. Approve claims for payment. b. Receive minutes of the following advisory committee meetings: Cable TV Board, February 11th Environmental Affairs Committee, February 18th Strategic Growth Management Task Force, February 18th Parks & Recreation Committee, February 19th Planning Commission, February 20th c. (This item removed from consent agenda.) d. Approve farm rental agreement with Robert J. Berres. e. Approve Agreement for Deferment of Special Assessments with Dean and Laura Knoblach, Improvement Project 89-9. f. Approve Resolution No. 92-28 appointing election judges for the April 7th Presidential Primary Election. g. Resolution No. 92-29 approving a raffle license for Burnsville Ducks Unlimited, Inc. h. Approve Research Assistance Services Agreement. i. Authorize sale of surplus vehicles and equipment, as outlined in Jim Robinette's memo dated February 26, 1992. j. Resolution No. 92-32 approving Amendment to Disbursement Letter and Disbursement Agreement for Crystal Lake Golf Estates. k. Approve Acknowledgment and Consent to the Declaration of Protective Covenants for Crystal Lake Golf Estates. 12. Approve Resolution No. 92-31 authorizing purchase of equipment/vehicles in accordance with bids received on February 21,1992. 13. Reappoint Mike Feist, Mike's Disposal Service, and Brett Anderson, Lakeville Sanitary Service, to the Environmental Affairs Committee Waste Hauling Subcommittee, for terms expiring on December 31, 1992. 14. Appoint Councilmember Sindt as delegate and Mayor Zaun as alternate to the League of Minnesota Cities. Roll call was taken. on the motion. Ayes,. Zaun, Sindt, Mulvihill, Harvey, Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING MARCH 2,1992 PAGE3 ITEM 7C 92.57 Motion was made by Mulvihill, seconded by Sindt to table approval of an agreement with the Senior Citizens for stuffing of utility billing envelopes to allow more time for staff to complete the agreement. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 8 Mr. Sobota presented the request of Independent School District 194 for an amendment to an existing conditional use permit to allow the construction of a swimming pool/gymnasium addition and a portable classroom expansion at the existing senior high school. The existing conditional use permit allows four portable classroom buildings, and the amendment would allow an additional three buildings. The Planning Commission held a public hearing on the conditional use permit amendment and recommends approval subject to eight conditions. Councilmernber Sindt asked about the condition which states that if temporary classrooms are not removed prior to the 1994-95 school year, payment of water ® and sanitary sewer connection charges will be required. Since ISD 194 has been given aone-year extension to this requirement, she was concerned that the City may be asked to grant additional extensions for the temporary classrooms. Mr. Sobota explained that the new high school will be completed for the 1993/94 school year, and McGuire Jr. High will be re-opened for the 1994/95 school year, which would eliminate the need for temporary classrooms. Mr. Dan Mehieis, School District 194, outlined the proposed schedule involving the closing of McGuire Jr. High for renovation during the 1993/94 school year, at which time the existing high school will accommodate seventh and eighth grade students. After McGuire Jr. High reopens for the 1994/95 school year, that building and the existing .high school will accommodate seventh through ninth grade students. 92.58 Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's findings of fact and approve an amendment to Conditional Use Permit No. 90.05 to allow the construction of a swimming pool and gymnasium addition and a portable classroom expansion at Lakeville Senior High School, 19455 Kenwood Trail Roll call was -taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1992 PAGE 4 ITEM 9 Mr. Sobota presented the request of Independent School District No. 194 for an amendment to Conditional Use Permit No. 91-01 to allow a portable classroom expansion at McGuire Jr. High School, 21220 Holyoke Avenue,. The existing conditional: use permit allows eight. portable classroom buildings, which are currently in place. The amendment would allow four additional buildings. All portable classrooms are proposed to be removed when the building is vacated for renovation during the 1993/94 school year. The Planning Commission .held a public hearing on the conditional use .permit amendment and recommends approval subject to seven conditions. 92.59 Motion was made by Ruhmann, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve an amendment to conditional use permit No. 91-01 to allow a portable classroom expansion at McGuire Jr. High School, 21220 Holyoke Avenue. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 10 Mr. Sobota presented the request of Ground Development, Inc. for approval of the final plat of Cedar Glen 4th Addition, which consists of 61 single family residential lots on property located north of Griffon Trail and west of Cedar Avenue. Cedar Glen 4th Addition is zoned R-3, High Density Single Family Residential, and is the fourth and final phase of development of the Cedar Glen preliminary plat approved in 1987. The final plat is subject to four conditions as outlined m the October 11, 1991, .staff report and three additional conditions recommended by the Planning Commission at their October 17, 1991, meeting. Mr. Sobota stated the plat has been reviewed by the Dakota County Soil and Water Conservation District, City Engineer, Environmental Affairs Committee, Parks & Recreation Committee and the Planning Commission. Staff finds everything in order for approval of the final plat, with the exception of an unresolved provision in the original development. agreement for assessments/right-of--way acquisition in the Cedar Avenue Improvement Project 89-1. The City Attorney has, just today, worked out an amendment to the development agreement concerning assessments for the Cedar Avenue improvement project. He outlined the proposed amendment as follows: Paragraph 18A (Cedar Glen 4th Addition). Pursuant to a prior agreement with the city, the Cedar Glen plats were to be assessed $77,834.11, which included an estimate of $18,000 for payment of right-of--way for Cedar Avenue dedicated on the Cedar Glen plats. The assessed amount was to be ad'usted to reflect the appraised value of the rigght-of--way. The appraised va~ue has now been determined to be $21,100. The developer was to be given a cash payment for the right-of--way. Rather than retroactively increasing the special assessments by $3,100, the value of the right-of--way is agreed to be $18,000. Rather than pay the developer cash for the right-of--way, the developer shall be given a credit of $18,000 ~ h CITY OF I .AKF Vii .i .R COUNCIL MEETING MARCH 2, 1992 PAGES against the special assessments for Cedar Avenue on the fourth addition. The special assessment against the fourth addition for Cedar Avenue is therefore $12,631.72 or $207.0$ per lot. Nothing contained herein shall affect any amount due the developer for temporary right-of--way from Dakota County. Mr. Erickson explained that this issue dates back to the original development agreement approved in 1987. The agreement was undertaken because the plat preceded the actual construction on Cedar Avenue. The City had agreed to comppensate the developer for dedicating the right-of--way. The agreement would enable. the developer to lower his security requirement by $18,000 to $20,000. Mr. Erickson explained the importance of bringing this matter to closure, since there are no future additions to the Cedar Glen development. Mr. Steve Fitterman of Ground Development and his attorney, Mr. Jim Hoeft, stated they had some concerns over the proposed additional paragraph, since they have had a limited amount of time in which to review it. They asked the City Council to consider approving the final plat this evening so that construction will not be delayed, and possibly table consideration of this additional item in the development agreement to allow them more time to review the proposal. Mayor Zaun stated past practice of the C~ittyy Council is to have all documents completed prior to granting approval. Mr. Erickson suggested the matter could possibly be tabled until -March 10th. A Council work session is currently scheduled for that evening, and a special Council meeting could be held prior to the work session. Councilmernber Sindt asked about an existing drainagge problem in Cedar Glen 3rd Addition.. Mr. Hoeft explained that Section 23 (Special Provisions) of the development agreement addresses the drainage problem on Lot 2, Block 3. Mr. Nelson explained that the City now requires drain the as a part of the construction plans, and the developer has been .very cooperative on this matter. He further stated that all problem areas in the existing Cedar Glen additions have been drain tiled. 92.60 Motion was made by Harvey, seconded by Mulvihill to table consideration of the final plat and development agreement for Cedar Glen 4th Addition until March 10th; and set a special Council meeting for March 10, 1992 at 7:00 p.m. to consider this item. Roll call was taken on the motion, Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill ITEM 11 City Engineer Keith Nelson presented Preliminary Plans, Layout No. 1, for the improvement of I-35 from Trunk Highway SO to Crystal Lake Road, which is an integral part of the proposed interchange access at County Road 46. County • Engineer Dave Everds and Dick Elasky of the Minnesota Department of Transportation were also present. The project, Mr. Nelson explained, h CITY OFT ,AKEVILLE COUNCIL MEETING MARSH 2,1992 PAGE 6 involves construction of a third lane along I-35, and the relocation of .the frontage roads near the proposed interchange. The third lane is being added to enable truck traffic to merge from the weigh station and to increase capacity on I-35.The project also includes replacing the .median ditch with shoulders and pavement and constructing a median wall between the north .and south bound lanes. A High Occupancy Vehicle (HOV) bypass lane around a future ramp .meter would be installed on the northbound entrance ramp to I-35. The project consists of a folded diamond interchange at County Road 46. Mr. Nelson stated this project has been in the planning stage between the City, .Dakota County Hi hway Department and their traffic consultant, Strgar, Roscoe Fausch (SRF), for several years. Neighborhood meetings have been held, and all .property owners were interviewed as a part of a land use study. The City entered into a cost sharing agreement with Dakota County for engineering and right-of--way appraisals. An Environmental Assessment Worksheet (EAW) was prepared by Dakota County and approved by the Metropolitan Council in August of 1991. Dakota County retained the firm of SRF to do the final design for .the project.. Mr. Nelson explained that MnDOT is requesting approval of the proposed work along I-35. This layout is based on results of the neighborhood meetings and input from City staff. Funding is not being discussed at this time. He stated the project is currently under design. and could be out for bids in early 1993, with construction starting that year. Mayor Zaun asked about the proposed folded diamond concept and whether it could potentially cause difficulty to motorists exiting and entering I35, given the close proximity of lanes. on County Road 46. Mr. Nelson explained that this design is not as efficient for conveying traffic as a regular diamond intersection. However, with Lee Lake to the south. and the location of the weigh stations, it was the only type of design that would fit, given available land. 92.61 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 92-30 approving preliminary plans, Layout No. 1, for the improvement of Highway No. 35 within the corporate limits of the City of Lakeville, from Trunk Highway 50 to the north corporate limits. Roll call was taken on the motion. Ayes, .Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS Councilmember Harvey recognized Ms. Ruth Krkwold for her achievements in state .debate competition and suggested a certificate. of recognition be prepared for her. CITY OF LAI~EVILLE COUNCIL MEETING MARCH 2,1992 PAGE 7 92.62 Motion was made by Harvey, seconded by Mulvihill to direct staff to prepare a certificate of recognition for Ms. Kirkwold, to be presented at a future Council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS Sppecial Council meeting and work session, March 1Q, 1992 Next regular Council meeting, March 16, 1992 Mayor Zaun adjourned the meeting at 8:15 p.m. Respectfully submitted, Charlene Friedges, City Cl k Dane Zaun, Ma o