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HomeMy WebLinkAbout05-02-88I • ~ F• '.. ' CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 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; Jim Robinette, Community Development Director; Pat Farrell, City Attorney; Darrell Schneider and Daryl Zuelke, Consulting City Engineers; Alan Brixius, Consulting City Planner; and Bruce Robertson, Administrative Assistant. Staff announcements: The City Administrator reminded the. council that a special City Council meeting to convene the Board of Review would be held at 7:00 p.m. on May 9th at the Airlake Council Chamber. Councilman Harvey asked that Item No. 10 be added to the consent agenda. 88.172 Motion was made by Harvey, seconded by Sindt to approve the consent agenda as amended. (Council agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun read the findings of fact, developed by the city attorney, on the Goff Manor Home proposed development south of 160th Street and east of Cedar Avenue. The document described the development proposal and how it related to the comprehensive plan and traffic concerns in the area. The conclusion of findings of fact was to deny the preliminary plat proposal. The city attorney suggested the Council approve the findings of fact but delete the last sentence regarding the possible approval of concept number four. 88.173 Motion was made by Harvey, seconded by Sindt to adopt the findings of fact as presented and deny the preliminary plat proposal of Lakeview Manor with the deletion of the last sentence of the document relating to the possible approval of concept number four. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. . • • • -, CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 1988 1, '~ 88.174 Motion was made by Enright, seconded by Sindt to direct staff to look at options and appropriate zoning for R-7 sites within the City. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Consulting City Engineer Darrell Schneider described a tour of city streets he and Jim Robinette had recently completed. Mr. Schneider stated that only 172nd and 209th Streets were determined to be in such bad shape that reconstruction would be necessary in the near future. He went on to described the procedures used by the City in maintaining streets.. 88.175 Motion was made by Harvey, seconded by Nelson to receive the staff report on future major street reconstruction. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Darrell Schneider made a presentation on a sidewalk and street reconstruction project proposed for 172nd Street. He described the project and the changes in projected costs since the initial public hearing on the project. Significant council discussion followed and involved the possibility of delaying the project until after Cedar Avenue is built., delaying the special assessment to residents until after 1990 and maintenance standards for city roads. Darrell Schneider then showed slides taken on the street during the winter and early spring. He indicated that frost and water had damaged the street significantly and certain areas were so bad that severe car damage could result from driving on the road. A number of citizens were in attendance and had comments or questions on the project. These included questions/concerns regarding: * Heavy trucks operating on streets in their residential neighborhoods. * Streets breaking down quickly after construction, even with modern street construction techniques. * A continued concern over the citizens being assessed the cost of road construction, considering the road was poorly constructed when it was built in the early 1970's. * A request that the City pay 50% of the special assessment cost of the road. 2 ~ • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 1988 88.176 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 88-46 ordering the making of the 172nd Street improvement project east of Highview Avenue with the condition that the City guarantee the road for three years. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. Nay, Enright. Councilmember Enright stated she voted No because of the cost of the road, large scale of the project and the concern over the city sharing such a high percentage of cost of the project. Significant Council discussion followed regarding the percentage the City should pay on the cost of the 172nd Street project. Mayor Zaun suggested 50%, other council members suggested figures closer to 30%. No formal decision was reached. City Administrator Pat McGarvey stated plans and specifications on the project will be ready for council approval on June 20, 1988. At this time, Mayor Zaun opened the public hearing on the 1988 street seal coating .project. The city clerk attested to the legal notice. Darrell Schneider made a presentation on the 1988 street seal coating project. He discussed the various seal coating districts, the history of seal coating within Lakeville and which roads are proposed to be seal coated in 1988. He concluded his presentation by describing the assessment policy for seal coating by the City. This involved a cost. of $66.40 per residence with commercial business being charged one and one half times the residential rate. A number of residents were in attendance and had questions or concerns regarding the seal coating project, these included:. Nova Anderson, of Ipava Avenue, asked about the rate. charged to farms for seal coating and whether it would be at the commercial rate or residential rate. Pat McGarvey stated she would be assessed at the residential rate. Pat Walsh, of 16225 Finland Avenue, discussed his concern over the size of the stones used in previous seal coating jobs in the city. He suggested by using a smaller rock the streets would be safer for kids who may fall on the street. Roger Bartleson of 1725 Jaguar Path asked why the City of Lakeville is special assessing for seal coating when many other cities do not. 88.177 Motion was made by Harvey, seconded by Sindt to receive the letter from School District No. 194 regarding their appeal of their seal coating assessment. 3 • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 1988 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.178 Motion was made by Harvey, seconded. by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.179 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 88-47 ordering the seal coating project for 1988. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Councilman Harvey. asked staff to look into the possibility of using smaller stones in future seal coating projects. At this time, Mayor Zaun opened the public hearing on the :proposed construction of a multi purpose pedestrian trailway along the north and south side of 165th Street. The City Clerk attested to the legal notice. Consulting City Engineer Daryl Zuelke made a presentation on the project. He stated this trailway is designed to be completed in coordination of the upgrading of 165th Street and will connect with. other trailways within the city. He went on to state that the trail would be eight foot in width. Five feet of the width would be paid for by a special assessment, and the remaining three feet would be paid out of the trails fund. The total cost of the project would be $44,700, of which $27,925 would be paid from special assessments. City Administrator Pat McGarvey explained the City's policy regarding special assessments. He stated this policy allowed residents up to 20 years to pay the cost of a special assessment, or the resident has the option of paying the total special assessment in one year and not pay any interest. Or finally, they can choose to pay off the balance of the assessment in full during the 20 year period and save the cost of future interest on the assessment. Mark Parranto, of Delta Development, stated that they had already paid $16,000 for the trails around their property and do not feel they should have to pay any additional money toward the. project. The City Administrator explained that payment was for the trail fund and did not cover the entire cost of the trail. 88.180 Motion was made by Harvey, seconded by Nelson to close the public hearing. 4 • . , CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 1988 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.181 Motion was made by Sindt, seconded by Nelson to approve Resolution No. 88-48 ordering the construction of a multi purpose pedestrian trailway along the north and south side of 165th Street from Kenrick Avenue to just east of Jaguar Avenue. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson., Zaun, Enright. At this time, the Council discussed the preliminary plat of Indian. Hills located west of Dodd Road and south of 192nd Street. A number of council members had questions or comments regarding drainage, ponding and traffic concerns in Phases 4 and 5 of the proposed development. Darrell Schneider and representatives of the developer discussed these drainage concerns and showed drawings which illustrated where storm water run off would go, along with a description of the road system in the proposed development. 88.182 Motion was made by Harvey, seconded by Nelson to approve the prelimi- nary plat of Indian Hills located west of Dodd Road, phases 1, 2, and 3, and leaving phases 4 and 5 as part of Outlot A. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.183 Motion was made by Enright, seconded by Nelson to approve the applica- tion of Donald W. Holm for an amendment to a conditional use permit to allow used car sales at 10720 West 162nd Street. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.184 Motion was made by Enright, seconded by Nelson to approve the variance application of Richard Cecchini to build a garage to be located at 12245 175th Street West, with the condition that no parking will be allowed on the driveway. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.185 Motion was made by Sindt, seconded by Nelson to approve the revised development contract for the Timber Ridge plat with Arcon/Sienna Joint Venture, subject to city attorney approval. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 5 . •` T • • CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 1988 88.186 Motion was made by Nelson, seconded by Sindt to extend the council meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,. Enright. 88.187 Motion was made by Harvey, seconded by Nelson to approve the prelimi- nary plat of Meadows 8th Addition, a subdivision of 37 single family lots with R-2 zoning by J and D Dakota Enterprises, subject to the recommendation of the planner/planning commission. Roll call was taken on the .motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.188 Motion was made by Enright, seconded by Sindt to authorize Tushie Montgomery and Bossardt Christenson to prepare a feasibility study on the possible use of the on-sale liquor store for use as a city hall or other public facility. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, councilmembers had a number of questions or concerns directed at staff; these included: * The possibility of .establishing an ordinance requiring a fence around all above ground swimming pools. * What the City could do about hazardous waste found by volunteers during the last city cleanup day. * A request for a more current City map in the council chambers. * Blacktopping concerns on Ipava Avenue. * Concern over used cars being sold on boulevards all over town. * Concern over the $1,200 in payments to the Dakota County Tribune for legal notices. 88.189 Motion was made by Sindt, seconded by Nelson to approve and authorize the mayor and city clerk to execute a limited warranty deed., bill of sale, termination of lease and seller's affidavit of the $550,000 Industrial Development Revenue Bond termination for the Charles M. Freidheim Company, City of Lakeville, as recommended by the City Attorney,. Roger Knutson. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 6 ,,_ `. ~~ ` ~ CITY OF LAKEVILLE COUNCIL MEETING ' ~ MAY 2, 1988 ,. 88.190 Motion was made by Nelson, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Time: 10:55 p.m. Respectfully,. submitted, / ~'1 / ~ r atrick E. McGarve ,City Cle Duane Zaun, a or 7 • • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING MAY 2, 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 April 18, 1988, regular council meeting. b. Approval of the minutes of the April 25, 1988, special council meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings: Planning Commission, April 21, 1988 Park & Recreation Committee, April 20, 1988 e. Receive first quarter general fund report on revenues and expendi- tures. f. Resolution amending the general fund budget of 1988. (Res. 88-42) g. Receive bids and award contract to Preferred Paving in the amount of $188,830 on project 87-4, the extension of 165th Street east of Ipava, phase one. (Res. 88-43) h. Adoption of a resolution approving traffic control signal agreement No. 64689 with M/DOT. (Res. 88-44) i. Approval of a special assessment agreement with Brackett`s Crossing Association. j. Approval of a special assessment agreement with Burt George. k. Approval of settlement agreements in the Lethert-McCarty and Gopher Mini-Storage assessment appeal cases. 1. Receive updated Lakeville Commercial Center feasibility report and calla public hearing for June 6, 1988. (Res. 88-45) ,. m.'. drder EAW on proposed Bridelwilde plat in the northwest quadrant of the Dodd and Cedar intersection. w y 5. Adopt findings of fact on the Goff Manor Home proposed development south of 160th Street and east of Cedar Avenue. 6. Receive staff report on future major street reconstruction. 7. Resolution ordering, or denying, the making of the proposed 172nd Street project west of Highview Avenue. (Res. 88-46) 8. Public hearing on the 1988 street seal coating project, 88-5. a. Attest to legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying, the project. (Res. 88-47) 9. Pubic hearing on the proposed construction of multi purpose pedestrian trail way along the north and south side of 165th from Kenrick Avenue to just east of Jaguar Avenue. a. Attest to legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying,. the project. (Res, 88-48) 10. Receive staff reports on future improvement projections for 192nd Street west of Dodd Road and on area storm drainage system design. 11. Approval of the preliminary plat of Indian Hills located west of Dodd Road and south of 192nd Street. 12. Approval of the application of Donald W. Holm for an amendment to a .conditional use permit to allow used car sales at 10720 W. 162nd Street. 13. Approval of the application of Richard Cecchini for a variance to build a garage to be located at 12245 175th Street W. 14. Approval of a revised development contract for the Timber Ridge plat with Arcon/Sienna Joint Venture. 15. Approval of the preliminary plat of Meadows 8th Addition, a subdivision of 37 single family lots with R-2 zoning by J & D Dakota Enterprises. 16. Authorize Tushie-Montgomery and Bossardt Christensen to prepare a feasibility study on the possible use of the on-sale liquor store for use as a city hall or other public facility. 17. Any other business. 18. Adjourn. 2