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HomeMy WebLinkAbout03-21-88• • • ..~ CITY OF LAKEVILLE COUNCIL MEETING MARCH 21, 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, Sindt, Harvey. Absent: Enright. Also present: Patrick McGarvey, City Administrator; Richard Rader- macher, Chief of Police; Bruce Robertson, Administrative Assistant; Jim Robinette, Community Development Director; 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 in an executive session .immediately after the first meeting in April to discuss the Queen Anne lawsuit. At this time, Mayor Zaun stated the Twin Cities area. has an excellent chance to host the 1996 Summer Olympics. The mayors of both Minn- eapolis and St. Paul had asked all cities within the Metropolitan area to show their support towards the Olympics being held in Minnesota. Mayor Zaun read a resolution supporting the Olympics in the Twin Cities. He then introduced Brian Gust, a Lakeville resident, who was on the Olympics team of 1980. Mr. Gust made a short presentation on the value of amateur athletics and how great it .would be for the Twin Cities to host the Olympics in 1996. Mr. Gust, the mayor and council then posed for pictures for the press. 88.93 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 88-24 approving the proclamation supporting the Twin Cities bid for the 1996 Summer Olympics. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.94 Motion was made by Sindt, seconded by Harvey to approve a proclamation .designating April 10th through 16th as the week of the Young Child. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. Citizen Comments: Jeff Bray, a representative from the Valley Park Homeowners Association appeared before the Council and passed out. a written statement and petition signed by over 800 home owners in the Valley Park area asking that the area between 160th Street and Valley Lake Park, in which there is a proposal to build a multi family development, be rezoned to single family R-2 status. • • • CITY COUNCIL MEETING MARCH 21, 1988 Councilmember Harvey thanked the residents for their attendance at the meeting but suggested the proposed multi family development proposal be allowed further review by the City staff and the Planning Commission before the Council takes any action on this rezoning. 88.95 Motion was made by Sindt, seconded by Harvey to receive the document and petition from the Valley Park Homeowners Association. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. At this time, Mike Feist of Mike's Disposal Company, asked the Council if the City would be interested in working with him to set up a grass clippings and yard debris recycling and compost program. After some discussion, Councilmember Harvey asked staff to provide the Council a report for the next meeting on the issues involved in the City working with a disposal company in setting up a recycling and compost program. Councilmember Sindt asked that Items 9, 13a, c, d, e, f, h and i be added to the consent agenda. Councilmember Harvey asked that Items 4 k, 1, m and p be removed from the consent agenda. He also asked that the minutes of the special Planning Commission meeting on March 10th be added to the consent agenda. 88.96 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, Harvey, Nelson, Zaun, Sindt. At this time, Mayor Zaun opened the public hearing on the proposed improvement to 172nd Street east of Highview Avenue, Project 88-1. The City Clerk attested to the legal notice. Darrell Schneider, consulting City Engineer, made a presentation on the project for the council and residents in the audience. He stated the total estimated cost of the project was $302,000, of which about half would be paid by special assessments from property owners in the project area. He went on to describe the reason .for the project, historical problems with the street construction and water table and runoff in that area and the location and specifics of street improve- ments and sidewalks. The City Clerk also presented a summary of the City's assessment policies. Jim Kempainer, an attorney retained by the 172nd Street homeowners, made a short presentation describing the neighborhoods' concerns with the proposed improvement project. He stated the residents felt that the timing of the project was bad and the City should wait until other nearby roads are upgraded before any improvement work is started on 2 ~~ CITY COUNCIL MEETING .MARCH 21, 1988 172nd Street. He also stated that safety was also a major concern because of the re-routing of traffic that would occur because of the Cedar Avenue project in 1989. He also expressed concern that Fire Department vehicles would not be able to enter the area because of the construction. Mr. Kempainer concluded his presentation by asking for the rational of the decision of not placing sidewalks on both sides of the road, instead of just the south side and assessing only the property along both sides of 172nd Street. Gary Schmidt, of 17190 Heywood Court, stated he felt the removal of sidewalks on the north side of 172nd Street is not necessary in many areas because they are still in good shape. He also stated that street lights are necessary in the neighborhood to increase safety. Mark Simons, of 8332 West 172nd Street, stated he supported sidewalks on both sides of 172nd Street. Other area residents asked if the project could be delayed until after Cedar Avenue is improved. John Emory, of 8481 172nd Street West, stated he had moved into his home in late fall when the snow was on the .road and assumed the road was in good shape at that time, and he expected the assessments had already been paid. He told the Council that he was shocked to receive a notice that additional assessments are being considered. The City Administrator stated that decorative street lights can. be installed. They would be assessed over two years for the lights and installation costs. The ongoing energy and maintenance cost is included on quarterly utility bills. 88.97 Motion was made by Harvey, seconded by Nelson to continue the public hearing on the proposed improvement to 172nd Street east of Highview .Avenue, Project 88-1, until the April 4, 1988, Council meeting to allow staff time to study citizen concerns over the project. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 88.98 Motion was made by Sindt, seconded by Nelson to approve Resolution No. 88-25 approving the final plat of Lake Villa Golf Estates Second Addition and a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area, and approval of the development agreement.. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time, Dr. William Morris of Decision Resources Limited pre- sented the Council a draft version of the community survey his organi- zation is preparing for the City. He described the method. he had used to develop the questions which were included in the draft survey. It was decided that the Council and staff should forward their questions 3 • CITY COUNCIL MEETING MARCH 21, 1988 and concerns regarding the community survey to the administrative assistant, Bruce Robertson, who will work with Decision Resources' staff to develop a final draft of the community survey for Council approval on the April 4, 1988, meeting. 88.99 Motion was made by Sindt, seconded by Nelson to approve. the preliminary plat of Cherry Highlands proposed by Argus Development to be located east of Cherrywood Heights and south of Foxborough. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.100 Motion was made by Sindt, seconded by Harvey to table adoption of an ordinance amending the zoning ordinance addressing boat docking facilities until the April 18, 1988, City Council meeting to allow staff to check on DNR length regulations, and review by homeowners on and near the lake. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson., Zaun. 88.101 .Motion was made by Harvey, seconded by Nelson to continue the discus- sion on the possible purchase of parcels of property north of 176th Street between Highway 50 and Junelle Path until the City's bond consultant, Walt Hartman, can appear before the Council with the T.I.F. report and. presentation. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 88.102 Motion was made by Harvey, seconded by Sindt to approve the update of the 1981 Comprehensive Plan and authorize its submittal to the Metro- politan Council and other agencies. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time, Director of Parks and Recreation, Steve Michaud, appeared before the Council to discuss a proposed ordinance amending Title 10, Chapter 4, of the Lakeville City Code concerning cash and/or land donation for parks. He stated that under the proposed ordinance, the per unit dedication rate be increased $50 from $500 to $550 and .that the trail fee per unit be increased $15 .from $135 to $150 as in the commercial and industrial cash contribution. Also the new ordinance would require that the developer pay 10% of the fair market value of the property prior to its improvement. The current contribution rate is $2,500 per acre. He went on to state that these proposed park dedication fee changes were determined by an analysis of a study of the park dedication fee policies of 17 metro area cities.. Lakeville's fees were low in .comparison to most of these cities. Councilmember Sindt stated she felt that an increase in the park dedication fees for commercial/industrial land would be inconsistent with our efforts to attract commercial industrial development in the community. 4 • • • CITY COUNCIL MEETING MARCH 21, 198$. 88.103 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 340 amending Title 10, Chapter 4 of the Lakeville City Code concerning .cash and/or land donation for parks, which would increase the trail fee per unit to $150. and increase residential per unit dedication fees to $550, but leave the commercial and industrial rates at $2,500 per acre, with all plats receiving final ..approval after June 19, 1988, being required to pay the new rates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.104 Motion was made by Sindt, seconded by Harvey to enter into an agreement with E.L. Marketing for the use of Optical Mark Read voting equipment in the 1988 elections. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 88.105 Motion was made by Harvey, seconded by Sindt to call a special council meeting for March 29, 1988, at 7:00 p.m. at City Hall to approve the contracts on the liquor store number three project. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 88.106 Motion was .made by Harvey, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt. Harvey. Time: 10:00 p.m. Respectfu y s witted, ~~) Vii= atrick E. McGarvey, City C,,,k'erk Duane Zaun, M °y r 5 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING MARCH 21, 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 March 7, 1988, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, March 3, 1988 Park & Recreation Committee, March 16, 1988 Natural Resources Committee, March 1, 198 8 Cable TV Board, March 1, 1988 d. Approve plans and specifications for civil defense sirens and .set the bid date for April 4, 1988, at 10:00 a.m. at Gity Hall. e. Adopt resolution authorizing condemnation of the right of way of 208th Street between Holyoke and Howland Avenue for the park plaza and parking lot project. (88-21) f. Approve plans and specifications for 165th Street improvement project 87-4, east of Ipava Avenue. g. Authorize feasibility study for 1988 street seal coating program. h. Resolution authorizing condemnation of property along T.H: 50 near 185th Street to provide additional right of way for Highway 50 turn lanes at 185th Street. (88-22) i. Receive EAW for proposed Highview Heights plat and authorize distribution according to State rules. j. Adopt resolution vacating a portion of an old road easement turned back from MN/DOT to City of .Lakeville near I-35 and 185th Street. (88-23) ~:. _~;- • • • CITY COUNCIL AGENDA MARCH 21, 1988 k. Approval of a resolution adopting findings. of .fact and conclusion regarding .the Indian Hills EAW. 1. Approval of a resolution adopting findings of fact and conclusion regarding the Lakeville Commercial Center EAW. m. Resolution authorizing condemnation in the Highway 50/185th Street intersection. n. Approval of two easement agreements with Hillhaven Heights, Inc. and Poquette L & L, Inc. in connection with Improvement Projects 86-15 and 87-4. o. Approval of two easement agreements with Good Value Homes, Inc. in connection with Improvement Project 87-25. p. Adopt resolution in support of the Twin City area hosting the 1996 Summer Olympics. (88-24) 5. Public hearing on the proposed improvement to 172nd Street east of Highview Avenue, Project 88-1. 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. 6. Resolution approving the final plat of Lake Villa Golf Estates Second Addition and a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area, and approval of the development agreement. (88-25) 7. Approval of the preliminary plat of Cherry Highlands proposed by Argus Development to be located east of Cherrywood Heights and south of Foxborough. 8. Adoption of an ordinance amending the zoning ordinance addressing boat docking facilities. 9. Authorization to Donohue and Associates to approve a feasibility report on utility and street improvements to Langley Avenue north of 168th Street and 167th Street. 10. 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. a. Refer to the Lakeville H.R.A. for preparation of a tax increment plan. 2 .~ • • CITY COUNCIL AGENDA MARCH 21, 1988 11. Approval of the update of the 1981 Comprehensive Plan and authorize its submittal to the Metropolitan Council and other agencies. 12. Adopt an ordinance amending Title 10, Chapter 4, of the Lakeville City Code concerning cash and/or land donation for parks. 13. Any other business. a. Resolution calling a public hearing on the Lakeville H.R.A. plan to redevelop the property thru a tax increment district, located between Highway 50 and Junelle Path, on the north and south side of 176th Street, for April 18, 1988.. (88-26) b. Receive and review draft of the community survey from Decision Resources Limited. c. Approve change orders No. 10 and 11 with Fullerton Lumber Co. d. Approval of five year street capital improvement plan. e. Call a public hearing on vacation of an easement in Ridgeview Second Addition for the April 18, 1988, council meeting. f. Call a public hearing on vacation of a part of Front Street (.now called Upper 208th Street West) for the April 18, 1988, council meeting. g. Receive a proposal from E.L. Marketing for the use of Optical Mark Read voting equipment in the 1988 elections. h. Approve a check in the amount of $80.00 for the mayor and three staff members to attend the National Association of Industrial and Office Parks annual meeting on April 6, 1988. i. Approval of cooler specifications for off-sale liquor store No. 3 and set a bid date. 14. Adjourn. 3