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HomeMy WebLinkAbout06-06-88{ ~ ~ ~ ~ i t Y CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1988 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 Nelson, Zaun, Enright, Sindt, Harvey. Also present: Patrick McGarvey, City Administrator; Richard Rader- macher, Chief of Police; Ron Wawrzon, Police Administrative Assistant; Jim Robinette, Community Development Director; Roger Knutson, City Attorney; Bruce Robertson, Administrative Assistant and Daryl Zuelke, Consulting City Engineer. Staff announcements: The city administrator suggested consent items 4e and 41 be removed from the agenda. The city attorney suggested that 4k be removed from the consent agenda because it was connected with a plat that will be discussed at a future meeting. Councilmember Nelson asked that items 41 and 4q be removed from. the consent agenda. 88.226 Motion was made by Harvey, seconded by Nelson to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.227 Motion was made by Enright, seconded by Sindt to approve an agreement for temporary summer rental of the Casperson Park building for the park ranger. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.228 Motion was made by Harvey, seconded by Nelson to continue to the June 20, 1988, council meeting discussion of designation of an equestrian trail within the boundaries of Ritter Farm .Park. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun opened the continued public hearing and presentation of revised costs for 50 feet of right of way and 22 feet wide rural road on Langley Avenue. Consultant Engineer Daryl Zuelke made a presentation on the project. He stated the project would improve Langley Avenue north of 168th Street to serve the proposed Orchard Lake Hills plat of Glen Klotz. He went on to state that the Planning Commission had recommended that the preliminary plat be approved and also recommended that the developer pay the extra cost 9 CITX OF LAKEVILLE COUNCIL MEETING JUNE 6, 1988 above what the normal cost is for an urban or rural street, as it involves the other private property owners to the south of the proposed plat. The estimated cost to the developer, Glen Klotz, would total an estimated $95,019, which would leave $14,881 to be assessed to the other five property owners, who would be assessed at a rate of $19.25 per front foot. A number of residents had questions or comments regarding the proposed project, these included: Don Wood of 16782 Langley Avenue questioned the figures that were determined for easement acquisition costs, which he felt were too low. He also wondered if the road could be constructed utilizing a grade other than 10%. Gary Swanson of 16745 Langley Avenue questioned why the city was still considering the project due to the fact that the cul-de-sac proposed was longer than legally allowed. John Asmus of 168th Street asked that the council require an environ- mental assessment worksheet be required for the project. Jim Robinette stated the council has the ability to require an E.A.W. if it feels one is necessary. Additional citizen comments followed and involved discussion regarding the environmental impact of the project assessment costs, water runoff, access by emergency vehicles and the effect the road extension and improvement would have on driveway access to residents along Langley Avenue. A number of council members had comments or questions on the proposal, these included: Councilmember Harvey questioned if the courts would allow a $75.00 per foot assessment if the developer refused to pick up a higher share of the cost and the residents took legal action. Mayor Zaun stated he felt the neighborhood was unique in its physical beauty, and as a result five to ten acre lots might be a better option in the proposed development. 88.229 Motion was. made by Nelson, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.230 Motion was made by Sindt, seconded by Nelson to table discussion of a proposed 50' right of way, 22 foot wide rural road and minimum drainage and grading improvements on Langley Avenue until a council work session on June 13th at 7:00 p.m. in City Hall. 2 . i • CITY. OF LAKEVILLE COUNCIL .MEETING JUNE 6, 1988 ~. Roll call. was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88..231 Motion. was made by Sindt, seconded by Harvey to table discussion of an application of Glen Klotz for a preliminary :plat to be known as Orchard Lake Hills and planned unit development and a minor comprehensive plan amendment to include the area in the 1990 urban service area, until a council work. session on June 13th at 7:00 p.m. in City Hall. Roll call was .taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.232 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 88-72 approving the final plat of Daniel's Addition, development agreement, and a minor comprehensive plan amendment to include the area in the 1990 urban service area. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.233 Motion was made by Enright, seconded by Harvey to approve the applica- tion of James F. White for a conditional use permit for outdoor sales at 20134 Kenwood Trail. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,. Nelson, Zaun. At this time, Alan Herman and Ralph Wieden, representing Bridlewilde Joint Venture,. made a presentation describing their proposal for a preliminary plat/subdivision to be known as Shady Oak Shore to be located northwest of the intersection of Cedar Avenue and Dodd Boule- vard. They stated that the proposal consisted of 144 lots over an area of 60 acres. The developers would provide two trees on all interior lots and four trees on all corner lots, along with significant land- scaping along Cedar Avenue as part of the subdivision proposal. A number of council members had questions or comments on the proposed development, these included concern over plans for a future commercial retail project on the site, springs in the area causing potential water problems and trail location around the plat. 88.234 Motion was made by Harvey, seconded by Enright to approve part of the preliminary plat of Bridlewilde Joint Venture, which includes all of blocks 2, 3, 4, S, 6, lots 1-8 of block 7 and lots 1-24 of block 1, for a subdivision to be known as Shady Oak Shore located north of the intersection of Cedar Avenue and Dodd Boulevard, subject to the planner's and engineer's recommendations. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright.. 3 f • r CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1988 At this time, Daryl Zuelke, consultant city engineer, made a presenta- tion on the proposed construction plans for. Holyoke Avenue curb and gutter and sidewalk replacement from 205th Street to Upper 206th Street. He stated that the concrete curb and gutter and sidewalks in front of the properties in this area would be removed because they are currently located in the residents' private property. New curb and gutter would be .constructed and be located in the right of way. He went on to state that the curb and gutter replacement would require some tree removal and power line relocation. A number of residents spoke regarding the project. They stated that the relocating of the curb, gutter and power lines would require the cutting of a number of large trees. A number of these residents asked the City staff to look into options of power poles being relocated in an effort to save the trees. Councilmember Harvey asked staff to look into this further. 88.235. Motion was made by Sindt, seconded by Nelson to approve the plans and specifications for construction of Holyoke Avenue curb and gutter and sidewalk replacement from 205th to Upper 206th Streets and set the bid date for June 30, 1988, Resolution No. 88-73. Roll .call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened the public hearing for sanitary sewer and watermain improvements from County Road 64 and Kenrick Avenue. The City Clerk attested to the legal notice. 88.236 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.237 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 88-74 ordering the sanitary sewer and watermain improvements from County Road 64 and Kenrick Avenue, under I-35, to the proposed Lake- ville Commercial Center plat. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.238 Motion was made by Enright, seconded by Sindt to adopt Ordinance No. 346 amending the zoning ordinance No. 167, Section 9.4, concerning accessory buildings. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. Nay, Harvey. Councilman Harvey stated he voted "No" because. he felt the new ordinance was too restrictive. 4 • • CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1988 ~~ At this time, Mayor Zaun opened the public hearing on the certification of delinquent utility bills. The City Clerk attested to the legal notice. 88.239 Motion was made by Nelson, seconded by Enright to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.240 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 88-75 certifying to the County Auditor the list of delinquent utility bills. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Consultant City Engineer Daryl Zuelke made a presentation on plans to interconnect the water distribution system to furnish high pressure water to the Clays Acres, Marion Hills and Cedar Glen areas. He stated that with the growth of Lakeville, water pressure has become low in certain parts of the community. He went on to state the total estimated project cost is $322,500. Of this $111,200 is proposed to be assessed to the Chapel Hills, Highview Heights and Lake Marion Estates plats. $211,300 is proposed to be financed by the City of Lakeville`s trunk utility funds. 88.241 Motion was made by Harvey, seconded by Nelson to table discussion of plans to interconnect the water distribution system to furnish high pressure water to the Clays Acres, Marion Hills and Cedar Glen areas until staff develops a five year water system capital improvement plan. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.242 Motion was made by Sindt, seconded by Enright to authorize and direct staff to implement a formal sprinkling ban in the scope necessary determined by staff. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Nay, Harvey. Councilman Harvey stated he voted "No" because a formal sprinkling ban may be too confining direction to staff. At this time, Mayor Zaun opened the public hearing on the reassessment of tax forfeiture assessments. The City Clerk attested to the legal notice. 88.243 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 5 • • CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1988 88.244 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 88-76 adopting the reassessment of tax forfeiture assessments on Lot 2, Block 3, Lakeville Hills. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.245 Motion was made by Enright, seconded by Nelson to receive staff report and accept the committee recommendation to not establish a fourth off sale liquor store that was proposed to be located in the McStop convenience shopping .center. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, residents of the Chapel Hill area arrived at the council meeting to complain they had no water pressure in their home. They stated it was their opinion that water service is basic right of all residents and the City should act quickly to bring back water pressure to their neighborhood. Mayor Zaun explained the City had directed staff to implement a sprinkling ban which should improve the situation at their home. Mayor Zaun directed Consultant Engineer Daryl Zuelke to talk to the residents further individually to discuss their water problems. 88.246 Motion was made by Enright, seconded by Nelson to approve Resolution No. 88-77 establishing committees of the City Council and making appointments thereto. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Nay, Harvey. Councilmember Harvey stated he didn't believe in switch- ing committee assignments each year was a good practice. At this time, council member Enright left the meeting to attend to personal business. 88.247 Motion was made by sindt, seconded by Harvey to authorize the split of Precinct 3 into precincts 3A and 3B along Interstate 35, Resolution No. 88-78. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.248 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-79 giving support to extending County Road 46 through the University of Minnesota property. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 6 CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1988 88.249 Motion was made by Harvey, seconded by Sindt to approve a change order with Preferred Paving in the amount of $27,976 for the construction of an eight foot wide multi purpose trail on the north and south side of 165th Street. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.250 Motion was made by Nelson, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. Time: 10:46 p.m. Respectfully sub 'tted, :~ > /, trick E. Mc arvey, City C1 ~'` Duane Zaun, Ma r 7 ~ • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING JUNE 6, 1988 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the May 16, 1988, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, May 19, 1988 Park & Recreation Committee, May 18, 1988 Natural Resources Committee, May 3 and May 17, 1988 d. Receive bids and award contract for purchase of picnic shelter buildings. e. Approve agreement with Minnegasco to lower high pressure gas main under 185th Street, which is funded by MSA funds. f. Adopt resolutions approving designations and revocations to Lake- ville municipal state aid system. (Resolution ~t88-67, 68, 69, 70) g. Receive EAW for Shady Oak Shores plat and authorize distribution under state rules for EAW preparation. h, .Receive engineering feasibility study and schedule public hearing on sanitary sewer, watermain and drainage improvements to service the proposed Indian Hills plat west of Dodd and south of 192nd Street. (Resolution ~~88'71) i. Approval of an agreement with Arrow Sign Company for two signs for off-sale liquor store three. j. Approval of a settlement agreement with Mr. & Mrs. James Mcllrath on Parcel 16 in Project 87-4. ~" ~ • • •~ CITY COUNCIL AGENDA JUNE 6, 1988 k. Approval of a quit claim deed releasing Outlot W of Rolling Oaks South Addition from the August 20, 1984, development contract. 1. Approval of an agreement for temporary summer rental of the Casper- son Park building for the park ranger. m. Approve appointment of Randy Berg to the Economic Development Commission. n. Approval of an easement agreement with ISD 9194 for the purpose of constructing a trail that would cross the Lakeville Senior High School property for the MPTS. o. Approval of the low bid by Dakota Fence Company for the installation of fencing on one baseball field and three softball fields at North Park. p. Approval of agreement between the City of Lakeville and Dakota County Department of Jobs and Training and. Twin Cities Tree Trust for the Summer Youth Employment and Training Program (SYETP) and the Minnesota Youth Program (MYP). q. Approve designation of an equestrian trail within the boundaries of Ritter Farm Park. r. Receive bids and authorize purchase of the low bid of MTI Distrbut- ing for a Toro mower at a cost of $31,345.00. s. Approve release of Lot 11, Block 6, Cherrywood Heights Second Addition, from the development contract. t. Approval of two easement agreements with a representative of the Winkler property for parcels 6 and 19 in Project 86-15. 5. Continued public hearing and presentation of revised costs for 50' R.O.W., 22' wide rural road and minimal drainage and grading improve- ments on Langley Avenue north of 168th Street, Project 88-6. a. Presentation of the alternate road and drainage improvements. b. Questions and comments. c. Motion to close the hearing. d. Resolution approving, or denying, the project. 6. Application of Glen Klotz for a preliminary plat to be known as Orchard Lake Hills and planned unit development and a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area. 7. Approval of the. final plat of Daniels Addition, development agreement, and a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area. 2 ~ ~ • _" CITY COUNCIL AGENDA JUNE 6, 1988 8. Application of James F. White for a conditional use permit for outdoor sales at .20134 Kenwood Trail. 9. Application of Bridlewilde Joint Venture for a preliminary plat/subdivi- sion to be known as Shady Oak Shore located northwest of the intersec- tion of Cedar Avenue and Dodd Boulevard. 10. Review proposed construction plans for Holyoke Avenue curb and gutter and sidewalk replacement from 205th to Upper 206th Streets. a. Approval of the plans and specifications and set the bid date for June 30, 1988. 11. Public hearing for sanitary sewer and watermain improvements from County Road 64 and Kenrick Avenue, under I-35 to proposed Lakeville Commercial Center plat. a. Attest to legal notice. b. Presentation of the project by the City Engineer. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying, the project. 12. Adopt ordinance amending the zoning Ordinance No. 167, Section 9.4, concerning. accessory buildings. 13. Public hearing on the certification of delinquent utility bills. a. Attest to legal notice. b. Questions or comments. c. Motion to close the hearing. d. Resolution certifying the list to the County Auditor. 14. Approval of plans to interconnect the water distribution system to furnish-high pressure water to the Clay's Acres area, Marion Hills area and Cedar Glen area. 15. Public hearing on the reassessment of tax forfeiture assessments. a. Attest to legal notice. b. Questions or comments. c. Motion to close the hearing. d. Resolution adopting. the assessment. 16. Receive staff report and committee recommendation on the establishment of a fourth off-sale liquor score proposed to be located in the McStop convenience shopping center. a. Approve, or reject, the proposal. b. Preliminary approval to the proposed lease terms and authorize City Attorney to draft a lease. 3 ~~ ~~~ ~ i .'" CITY COUNCIL AGENDA JUNE 6, 1988 17. Establishment of council committees and appointments thereto. 18. Any other business. 19. Adjourn. 4