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HomeMy WebLinkAbout04-04-88' `-+ _, •, CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 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; Bruce Robertson, Administrative Assistant; Roger Knutson, City Attorney and Darrell Schneider and Daryl Zuelke, Consulting City Engineers. Staff announcements: The City Attorney requested that the Council meet with him after the meeting in an executive session to discuss the pending Queen Anne lawsuit. The City Administrator described the other business items on the agenda to the Council. At this time, Mayor Zaun introduced Sue Croiser, who is a health and physical education teacher at McGuire Jr. High in Lakeville. Ms. Croiser described how she and her students had been developing a health fair which will be held on April 14 from 10:00 a.m. to 8:00 p.m. at McGuire Jr. High. She went on to state that KARE Channel 11 would be working on the health fair with .the school as part of a joint venture. Ms. Croiser, some of her students, the mayor and council then posed for pictures. 88.116 Motion was made by Harvey, seconded by Sindt to authorize the proclama- tion supporting the Health FAir to be held at McGuire Jr. High in coordination with KARE Channel 11. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Citizen Comments: There were none. Councilmember Harvey asked that item 4a, approval of the minutes of the March 21, 1988 council-meeting, and item 4h, approval of an agreement with E.L. Marketing to use the AIS central count optical mark read equipment for the 1988 primary and general elections, be removed from the consent agenda. Councilmember Sindt asked that agenda item 4i, receive feasibility study and set the public hearing for May 2, 1988, for the 1988 street seal coating program, be removed from the consent agenda. Councilmember Harvey asked .that other business items 17a, b, c, d, and f be added to the consent agenda. ., CITY OF LAKEVILLE COUNCIL MINUTES APRIL 4, 1988 88.117 Motion was made by Enright, 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, Zaun, Enright, Sindt, Harvey, Nelson. 88.118 Motion was made by Harvey, seconded by Sindt to change the minutes of the March 21, 1988 City Council meeting to add a statement at the end of motion 88-100, "and review by homeowners on and near the lake". Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.119 Motion was made by Sindt, seconded by Harvey to revise the last .paragraph of Page 4 of the City Council minutes of March 21, 1988, to state, "Councilmember Sindt stated she felt that an increase in the park dedication fees for commercial/industrial would be inconsistent with our efforts to attract commercial industrial development in the community". Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.120 Motion was made by Sindt, seconded by Nelson to approve the council minutes of March 21, 1988, as amended. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.121 Motion was made by Sindt, seconded by Harvey to authorize a change in E.L. Marketing's contract to provide for no obligation to buy the equipment after its use in this fall's elections. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.122 Motion was made by Sindt, seconded by Nelson to receive feasibility study for the 1988 seal coating program. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mayor Zaun re-opened the public hearing on the proposed improvements of 172nd Street east of Highview Avenue, project 88-1. A number of councilmembers made lengthy statements regarding the proposed project. 2 '~ • i t 1 • . > •; CITY OF LAKEVILLE COUNCIL MINUTES APRIL 4, 1988 Councilperson Nelson stated. he felt the timing of the project may be questionable considering the plans for reconstruction of Cedar Avenue and the number of vehicles that would be rerouted as a result. He went on to discuss the merits of an "area wide assessment" for the improve- ments on 172nd Street because of the direct benefits of a number of property owners on nearby streets who use 172nd Street but are not being assessed. Councilmember Sindt stated she felt it was the City's responsibility to maintain its streets and the project will have to be done eventually, but the sidewalks that are in good shape should be retained whenever possible in any new construction. Councilmember Harvey stated that currently interest rates are at a moderate level and now may be s good a time as any to proceed with the project instead of waiting until interest rates go up to 18 percent again. A number of citizens from a 172nd Street homeowners group made state- ments to the Council regarding the proposed project.. Gary Schmidt of 17190 Heywood Court, made an appeal for a wider special assessment area because. he felt a number of nearby residents were directly benefitting but not being charged for the street reconstruc- tion. Gerald Isvik asked why there had been little or no seal coating or street maintenance during the last 12 years on 172nd Street. John Doer of 17201 Hayes Avenue asked about who would be assessed .for a retaining wall that would be required near his home. Frank Suss described how a road is constructed and how 172nd Street road construction has deviated from the normal road construction standards. He stated the City should pay for 80% of the cost of roads reconstruction from general city funds because of the City's responsi- bilities regarding the previous poor workmanship of the road. Mayor Zaun suggested City staff do a formal inventory of the quality of roads in Lakeville to determine how affordable it would be for the City to pay a higher percentage of the costs of roads that were poorly constructed in the past. Patrick McGarvey discussed a proposed bill in front of the state legislature which would allow a road access charge and how that charge would be similar to an "area assessment". Councilmember Sindt stated that if the council would approve the project at tonight's meeting, or a future meeting, they would still have the opportunity to postpone or cancel the project at a later meeting. 3 • • • CITY OF LAKEVILLE COUNCIL MINUTES APRIL 4, 1988 88.123 Motion was made by Enright, seconded by Sindt to close the public hearing on the proposed improvements of 172nd Street east of Highview Avenue and direct staff to complete a road inventory within Lakeville to determine the number of other city roads in poor repair. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.124 Motion was made by Harvey, seconded by Sindt to continue the item to the May 2, 1988, City Council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, the City Clerk stated that the public hearing on the proposed construction of multi purpose pedestrian .trail way along the north and south side of 165th Street from Kenrick Avenue to just east of Jaguar Avenue would not be able to be held because proper notice had not been placed in the City's official newspaper, the Dakota County Tribune. Mayor Zaun stated because a number of citizens were in attendance for the hearing, they should still be given a chance to speak before the Council. Chuck McCarty of Gopher Mini Storage, spoke to the council and stated that he believed the north side trail was not needed. Mark Paranto of Delta Development presented the Council a letter of objection which he said stated he had already paid $17,000 toward. trails, why should he have to pay another $10,000? 88.125 Motion was made by Harvey,. seconded by Enright to reset the public hearing on the proposed construction of multi purpose pedestrian trailway for the May 2, 1988, City Council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.126 Motion was made by Enright, seconded by Harvey to approve the rezoning request of Jim and Mary Steffen for rezoning from R-7 to R-2 at 10593 West 202nd Street by adopting Ordinance No. 341. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.127 Motion was made by Harvey, seconded by Sindt to approve the preliminary plat of Marion Village by the Lake, north of County Road 64, with criteria that the plat include 128 lots and that condition 4~8 of the planner's report be added to the set of conditions for approval. 4 CITY OF LAKEVILLE COUNCIL MINUTES APRIL 4, 1988 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.128 Motion was made by Enright, seconded by Harvey to receive the updated feasibility report for phased improvements to Highview Avenue between Dodd Road and County Road 46. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Bill Huser of Heritage Development made a presentation to the Council on a preliminary plat proposal for Highview Heights. He stated the development would be located south of 160th Street east of Highview Avenue. It would include 114 acres and be completed in four phases. Sixty-six units would be in phase one of the development, and 251 single family homes would be in the entire development. 88.129 Motion was made by Enright, seconded by Nelson to approve the prelimi- nary plat of Highview Heights subject to adjusting lots to comply with the planning consultant's suggestions and Council approval of the improvements to Highview Avenue. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.130 Motion was made by Sindt, seconded by Enright to call a public hearing for the improvement. of Highview Avenue for the May 16, 1988, City Council meeting. Roll call was taken. on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright.. At this time, Bill Mueller, Engineer for Tollefson Development, Inc., presented information on the Indian Hills preliminary plat proposal. He stated the plat is located west of Dodd Road and south of 192nd Street and consisted of 328 single family home lots in a hilly, wooded area . Significant discussion followed and involved questions on the drainage problems that might exist in the plat because of topography and storm sewer limitations. Councilmembers also expressed concern over limited road access into the plat. 88.131 Motion was made by Harvey, seconded by Enright to continue approval of the preliminary plat of Indian Hills located west of Dodd Road and south of 192nd Street until the May 2, 1988, council meeting. to give staff and the developer time to review council concerns. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 5 • • • CITY OF LAKEVILLE COUNCIL MINUTES APRIL 4, 1988 At this time, consulting engineer Daryl Zuelke made a presentation on project 87-5, replacement of concrete curb and gutter and sidewalk on the east and west side of Holyoke Avenue between 206th and 205th Streets. He described the proposed locations of the right of way, concrete curb and gutter and sidewalks. He went on to describe four options in the construction of the project and the advantages and disadvantages of each option. 88.132 Motion was made by Enright, seconded by Harvey to direct the staff to study putting in sidewalks in the right of way behind the curb and look further into the costs related to the project. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, the Council discussed a final draft of the 1988 community survey being developed by Decision Resources Inc. As a result of council concerns, Decision Resources staff were directed to make small changes in survey questions 40, 58, 65, 67, and 90. 88.133 Motion was made by Harvey, seconded by Sindt to approve the survey draft with the changes that were discussed and give Decision Resources, Inc. the go ahead to proceed with the actual survey the week of April 11, 1988. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Elizabeth Halbach of the Lakeville Chamber of Commerce presented to the Council a number of concerns she and the Chamber membership had regarding the community survey. Her concerns were addressed by the Council and staff. 88.134 Motion was made by Sindt, seconded by Enright to receive a report from Walt Hartman on the possible purchase of parcels of property north of 176th Street between Highway 50 and Junelle Path. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.135 Motion was made by Enright, seconded by Nelson to approve the settle- ment agreement with Soo Line Railroad for the 185th Street railroad crossing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.136 Motion was made by Sindt, seconded by Nelson to set April 14 or April 20 as the potential dates for the City Council goal setting sessions with Don Salverda to be held at the City Hall conference room at 7:00 p.m. 6 • • • CITY OF LAKEVILLE COUNCIL MINUTES APRIL 4, 1988 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, John Bossardt of Bossardt/Christenson Construction Management made a short report to the Council on the concrete-masonry design plans for liquor store number three. He stated a number of bids had been received from concrete/masonry contractors, although some contractors with low bids did not have the proper license to be considered. 88.137 Motion was made by Harvey, seconded by Enright to award to Steenberg- Watrud the contract for liquor store number three concrete and masonry. work in the amount of $60,922 and to delete approaches and curbs as per request. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.138 Motion was made by Harvey, seconded by Sindt to approve plans and specifications to re-bid the electrical system for liquor store number three and set the bid date for April 25, 1988, at 3:00 p.m. at city hall. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.139 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Time: 11:35 p.m. Respe ull ?subm' ed, Patrick E. McGarve", City Cler Duane Zaun, M r 7 • • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING APRIL 4, 1988 7:00 P.M. Call ao order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. a. Proclamation relating to McGuire Jr. High TV 11 Health Fair. 4. Consent agenda. a. Approval of the minutes of the March 21, 1988, council meeting. b. Approval of the minutes of the March 29, 1988, special council. meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings: Planning Commission, March 17, 1988 Natural Resources Committee, March 15, 1988 e. Approval of a resolution adopting findings of fact and conclusion regarding the Indian Hills EAW. (88-26b) f. Approval of a resolution adopting findings of fact and conclusion regarding the Lakeville Commercial Center EAW. (88-27) g. Approval of easement agreement with Dean A. & Doris E. Willett on parcels 2, 4, 6 and 7 on Project 86-6. h. Approval of an agreement with E.L. Marketing to use the AIS central count Optical Mark Read equipment for the 1988 Primary and General Elections. i. Receive feasibility study and set the public hearing for May 2, 1988, for the 1988 street seal coating program.. • ~ • CITY COUNCIL-AGENDA April 4, 1988 j. Receive bids and recommendation from Donohue and Associates on the award of the contract for the 1987-88 multi purpose trail way system and grading of Rolling Oaks Park. (88-28) k. Resolution approving the location of the Dakota County multi-family rental housing facility pursuant to the provisions of laws of Minnesota 1971, Chapter 333, and approving the use of the power of eminent domain to acquire real estate pursuant to Minnesota Statutes, 462.466 (recodified as section 469.017). (88-29) 5. Continued public hearing on the proposed improvements of 172nd Street east of Highview Avenue, Project 88-1. a. Presentation of additional project information.. b. Questions and comments. c. Motion to close, or continue, the hearing. d. Resolution ordering, or denying, the project. 6. Public hearing on the proposed construction of multi purpose pedestrian trail way along the north and south side of 165th Street 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. 7. Application of Jim and Mary Steffen for a rezoning from R-7 to R-2 at 10593 West 202nd Street. (Ordinance No. 341) a. Adoption of ordinance approving the rezoning. 8. Approval of the preliminary plat of Marion Village by the Lake, .north of County Road 64 and east of Kenrick Avenue. 9. Receive updated feasibility report for phased improvements to Highview Avenue between Dodd Road and County Road 46. (88-30) 10. Approval of the preliminary plat of Highview Heights located east of Highview Avenue. 11. Approval of the preliminary plat of Indian Hills located west of Dodd Road and south of 192nd Street. 12. Review of the plans for Project 87-5, replacement of concrete curb and gutter and sidewalk on the east and west side of Holyoke Avenue between Upper 206th Street and 205th Street. 2 • • • CITY COUNCIL AGENDA April 4, 1988 13. Receive report from Walt Hartman on the possible purchase of parcels of property north of 176th Street between Highway 50 and Junelle Path for the purpose of clearance, soils correction, grading and redevelopment through tax increment financing. 14. .Receive final draft of the 1988 Community Survey from Decision Resources Limited. a. Approval of the survey draft and authorization to proceed. 15. Approval of a settlement agreement with the Soo Line Railroad. for the 185th Street extension railroad crossing. 16. Set the council goal setting session with Don Salverda. 17. Any other business. a. Resolution restricting parking on one side of 175th Street. (88-31) b. Receive bids on walk-in cooler and mechanical refrigeration for Liquor Store No. 3 and award a contract. c. Receive bids on civil defense siren warning system and award a contract. d. Approve contract for concrete-masonry work on Liquor Store No. 3. e. Approve payment of the following checks for commissioners fees: Wm. Ward $732.40; Michael. Gegen, $664.80; Robert McKenzie, $650.40. f. Pay request ~{l0 to Fullerton on F.S. ~~3 in the amount of $27,867.01. 18. Adjourn. 3