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HomeMy WebLinkAbout03-16-87 • ` ` •j ~ • p CITY OF LAKEVILLE COUNCIL MEETING MARCH 16, 1987 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, Sindt, Enright, Harvey and Mayor Zaun. Also present: Daryl Zuelke and Darrell Schneider from Donohue and Associates; Patrick Farrell, City Attorney; Richard Radermacher, Chief of Police; Steve Michaud, Park and Recreation Director; Patrick McGar- vey, City Administrator/Clerk. Staff announcements: The City Administrator advised the Council of five items to be taken up under other business on the Council agenda; and Councilman Harvey indicated he wished to have a letter received from Sister Mary Madonna from the Minnesota Department of Health concerning smoking requirements taken up under Other Business. Citizen comments: There were none. 87.118 Motion was made by Sindt, seconded by Harvey to add items 17a. and 17d. under other business to the consent agenda. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.119 Motion was made by Enright, seconded by Harvey to approve the consent agenda as amended. (Council Agenda attached hereto is incorporated by ref erence and specif ically made a part hereof . ) Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun reopened the public hearing on the proposed improvement of 165th Street and Ipava Avenue. Daryl Zuelke presented a colored exhibit map showing the new alignment being proposed by the City staff for Ipava Avenue from just south of 165th Street to County Road 46/162nd Street. Mr. Zuelke's exhibit showed the amount of right-of -way which would be necessary from the various property owners along the new alignment of 165th Street east of Ipava Avenue and along Ipava Avenue. The City Administrator advised the Council that the 1.4 acre parcel of property which would be left on the east side of Ipava Avenue from the Winkler parcel is zoned B-2, Retail Business, and that the Lakeville School District is interested in acquiring a parcel of property from the City if the price is reasonable. .I . ~ • CITY OF LAKEVILLE COUNCIL MEETING MARCH 16, 1987 Dr. Carl Wahlstrom, Superintendent of School District No. 194, stated that the School Board was very pleased with the new alignment of Ipava Avenue being presented this evening, and that they would stay in contact with the City staff concerning the negotiations concerning the 1.4 acre parcel of property. Daryl Zuelke stated that the estimated additional cost for the new alignment of Ipava Avenue is $60,213, which would result in an addi- tional $5.45 per front foot assessment over the earlier estimates in the engineering feasibility report. Patrick Farrell recommended that there be a joint powers type of agreement entered into between the City Council and the School Board concerning the 1.4 acre parcel of property. The Council members expressed concern over whether or not the alignment of Ipava Avenue as it would cross 165th Street would be acceptable to Minnesota Department of Transportation officials to allow state aid gas tax funds to be spent on the road project in part and what the cost of the right-of -way through the Winkler property may be. 87.120 Motion was made by Harvey, seconded by Sindt to continue the public hearing to April 6, 1987, and direct the staff to meet with the Winkler property owners and Minnesota'Department of Transportation staff concerning the proposed project and report back to the Council on April 6th. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mr. Larry Frank from Meritor Mortgage Corporation pre- sented the developer's request for adoption of a resolution declaring a negative Findings of Fact on the Logarto 3rd Addition E.A.W. and asking for a grading permit. 87.121 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 87-20 declaring a negative declaration on the E.A.W. for Logarto 3rd Addition and to approve a grading permit for Logarto 3rd Addition based upon the approved plans and conditions for grading as set by the City engineering staff and Dakota County Soil and Water Conservation Dis- trict. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, Mr. Scott Johnson presented the preliminary plats of Lynwood North and South Additions. The plats consist of 168 lots. Councilmember Sindt asked if the developer and City had reached agree- . went on the quantity of park land to be acquired for park dedication and the status of the costs or credits. 2 . ,,~i i CITY OF LAKEVILLE COUNCIL MEETING ' MARCH 16, 1987 Mr. Johnson indicated that he was not clear as to whether or not there would be credits to him of ter giving 14 acres of land to the City from the 109 acres in the two plats. Steve Michaud indicated that it was his understanding after meeting with Mr. Johnson that there would be no credits. 87.122 Motion was made by Sindt, seconded by Harvey to table approval of Lynwood North and South preliminary plats until the park land dedication issue and costs are resolved between the developer and City in a clarified and satisfactory manner. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mr. Daryl Zuelke presented a concept alternative map for the realignment of the north end of Highview Avenue so that it will line up directly across from Gardenview Avenue in the City of Apple Valley on County Road 46. Mr. Zuelke pointed out that it was necessary to align these two major city streets on County Road 46 so that the intersection would be the proper distance from other street intersections on the County highway in the future so that the intersection will qualify for signalization when necessary. 87.123 Motion was made by Enright, seconded by Sindt to approve the concept plan for the realignment of Highview Avenue at the north end of the City along alignment number one proposed by Donohue and Associates. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun recessed the Council meeting for 10 minutes. Time: 8:30 p.m. At `this time, Mayor Zaun reconvened the City Council meeting and recognized Wayne Tower from Pioneer Engineering who presented the preliminary plat of Cedar Glen consisting of 155 lots on the west side of Cedar Avenue . The City Administrator pointed out that the final plat will include lots sized to require that the zoning on the plat be changed from R-2 to R-3 so that the lots will be legal under the City zoning ordinance. This will require a 4/5 vote of the City Council to approve the rezoning at final plat time. Councilman Harvey brought up the issue as to how many R-3 size lots the City aught to be approving. 87.124 Motion was made by Enright, seconded by Nelson to grant preliminary plat approval to Cedar Glen subject to the conditions as recommended by the staff and Planning Commission. 3 i ~ ~ CITY OF LAKEVILLE COUNCIL MEETING MARCH 16, 1987 Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Nays, Harvey. Councilman Harvey voted No because he feels there is too much R-3 zoning being permitted. At this time, Mr. Wayne Tower and Larry Frank presented the preliminary plat of Chapel Hill located just to the west of Cedar Glen. They pointed out that some of the lots in the Chapel Hill plat are R-3 size single family lots, which would require a rezoning on those lots from R-2 as currently in place. Councilmember Sindt questioned the location of some of the R-3 size lots, and Councilman Harvey indicated he felt this was another example of too much R-3 zoning progressing further westward from Cedar Avenue. 87.125 Motion was made by Nelson, seconded by Enright to approve the prelimi- nary plat of Chapel Hill, with the conditions as recommended by the City staff and Planning Commission. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright. Nays, Harvey and Sindt. Councilmember Sindt voted No because she did not feel the location of some of the R-3 lots in the plat is appropriate. 87.126 Motion was made by Sindt, seconded by Harvey to approve the classif ica- tion of tax forfeited parcels as non-conservation with the exception of the Lyndale Lakes Club No. 2 parcel 22-46901-110-00 and the Orchard Lake parcel No. 22-54720-010-11, which the Council wishes to have declared as conservation property. Roll call was taken on the motion. Ayes, Zaufi, Enright, Sindt, Harvey, Nelson. The City Attorney recommended that the Council take steps to purchase Outlot D from the tax f orfeited list located in Oak Shores 6th Addition. This lot would be necessary in the future for the additional right- of -way necessary for the widening of County Road 46. The City Council took up consideration of an ordinance which would grant a non-exclusive franchise to erect, operate and maintain the natural gas distribution system in the City of Lakeville by People's Natural Gas. Councilman Harvey raised the concern over how adequate and timely their maintenance activities are on the system in the community. The Council discussed the matter and a motion was made by Enright, seconded by Sindt to adopt the ordinance granting the 25 year non- . exclusive franchise. After further discussion on the motion, the motion was withdrawn by the maker and second. 4 • • • • CITY OF LAKEVILLE COUNCIL MEETING MARCH 16, 1987 87.127 Motion was made by Harvey, seconded by Sindt to call a public hearing for the April 20, 1987, Council meeting concerning the consideration to adopt an ordinance granting a 25 year non-exclusive franchise for People's Natural Gas and to place the ordinance back on the Council agenda at that time for further consideration. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 87.128 Motion was made by Enright, seconded by Sindt to approve and authorize the mayor and clerk to execute an agreement with the Minnesota Depart- ment of Natural Resources to install a fishing pier in Lake Marion just east of I-35 on the east frontage road south of the bridge. Roll call was taken bn the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, the Park and Recreation Director gave a brief background report on the improvements to be made to Aronson Park and the bids received for the .making of the improvements. He showed the grading work to be done and the road and parking lot improvements to be made in the park. 87.129 Motion was made by Enright, seconded by Sindt to receive the bids and approve the contract with Holst Construction Company in the amount of $74,714.60 for the Aronson Park project, and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 87.130 Motion was made by Sindt, seconded by Nelson to approve the final payments to Air Mac Heating & Air Conditioning in the amount of $116.90 and King Electric in the amount of $280.00 on the radio transmitter utility building on the Dakota Heights water tower. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 87.131 Motion was made by Enright, seconded by Harvey to approve the addendum to the lease with MGB Enterprises concerning the terms for operating the off -sale liquor store number one in the .Lakeville Superette complex, and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson. Zaun abstained, as his wife works for the company which owns the complex. 5 • CITY OF LAKEVILLE COUNCIL MEETING ' MARCH 16, 1987 87.132 Motion was made by Harvey, seconded by Sindt to approve the joint powers agreement with ALF Ambulance and the participating cities of Apple Valley and Farmington, requesting an alternate to the Board and appoint- ing Councilman Robert Nelson as the alternate for the City of Lakeville. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.133 Motion was made by Sindt, seconded by Harvey to approve the March 16, 1987, concept plan for the improvements to Antlers Park as presented by the Park and Recreation Director and authorize the staff to proceed with preparing plans and specif ications for taking of bids where necessary for the park improvements and to obtain quotes on the other improve- ments. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 87.134 Motion was made by Harvey, seconded by Nelson to authorize payment of $50.00 to the sanitation haulers for the April 4, 1987, clean-up day in the City of Lakeville. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 87.135 Motion was made by Harvey, seconded by Sindt to approve the specifica- tions for equipment to be installed at off-sale liquor stores number one and two and authorize the taking of bids on April 6, 1987, at 10:00 a.m. at city hall. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Councilman Harvey brought up the matter of the City's council chamber and meetings complying with the Minnesota State Health Department smoking regulations as pointed out in the letter from Sister Mary Madonna. Councilman Harvey asked that steps be taken to assure that the chambers and meetings comply with the State requirements in consideration to other council members and the staff and public. 87.136 Motion was made by Enright, seconded by Harvey to adjourn the Council meeting. 6 - - CITY OF LAKEVILLE COUNCIL MEETING - MARCH 16, 1987 Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Time: 10:30 p.m. Respectfully submitted, Patrick E. McGarvey, City Cler .(s~~' Duane Zaun, M r 7 ~ i ~ CITY OF LAKEVILLE AGENDA COUNCIL MEETING MARCH 16, 1987 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 2, 1987, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committees: Planning Commission, March 5, 1987 Park and Recreation Committee, March 11, 1987 Natural Resources Committee Meeting, March 3, 1987 d. Receive Valley Park 8th, Phase 4 f easibility study for public improvements. e. Authorize feasibility study for public improvements to service Arkell, Cottages of Lakeville, development north of 202nd Street on the west side of Holyoke Avenue. f. Authorize feasibility study for public improvements to extend 165th Street from Ipava Avenue to Highview Avenue. g. Authorize feasibility study for public improvements in Valley Park Drainage District from about Ipava Avenue to Cedar Avenue. h. Authorize feasibility study for public sanitary sewer and water- main improvements to service the Chapel Hill and Cedar Glen plats and the Carroll commercial property west of Cedar Avenue. i. Authorize feasibility study for public sanitary sewer, water and storm sewer improvements to service the Trotter's Ridge plat. j. Approval of an easement agreement for the Jewel Acres plat north of 165th Street and south of 162nd Street. • • , • CITY COUNCIL AGENDA MARCH 16, 1987 k. Approval of a settlement with Mr. Traiser on parcel 344 for the T.H. 50 project. 1. Authorize feasibility study for extension of sanitary sewer to the Walnut Ridge plat from the southeast. 5. Continued public hearing on the proposed utility, street and pedestrian way improvements on Ipava Avenue from 173rd Street north to 162nd Street and on 165th Street east of Ipava Avenue to approximately 2,600 feet west of Kenrick Avenue. a. Presentation of the project and the proposed revised street alignment plan for Ipava Avenue and the proposed extension of 165th Street further east of Ipava Avenue. b. Questions and comments. c. Motion to close, or continue, the public hearing. d. Resolution ordering the project. 6. Approval of resolution adopting the findings of fact for a negative declaration on the Logarto Third Addition E.A.W. 7. Approval of a grading plan and permit for Logarto Third Addition. 8. Approval of the preliminary plats of Lynwood North and South located north of 175th Street, south of 165th Street and west of Ipava Avenue. 9. Approval of a concept plan for the future realignment of the north end of Highview Avenue onto County Road 46 further to the west. 10. Approval of the preliminary plat of Cedar Glen located west of Cedar Avenue and south of County Road 46. 11. Approval of the preliminary plat of Chapel Hill located west of Cedar Avenue and south of County Road 46. 12. Approval of the classification of ten parcels of tax forfeited property. 13. Approval and adoption of an ordinance granting a non-exclusive franchise to erect, operate and maintain a gas distribution system in Lakeville. 14. Approval of an agreement with Minnesota Department of Natural Resources to install and maintain a fishing pier in Lake Marion just east of I-35. 2 • • ' CITY COUNCIL AGENDA MARCH 16, 1987 15. Receive bids and recommendation of the City Engineer and Park and Recreation Director for grading and paving improvements in Aronson Park. a. Award of the construction contract. 16. Approve final payment for the following radio transmitter utility building contracts: Contract B Air-Mac Heating and Air Conditioning $116.90 Contract C King Electric $280.00 17. Any other business. a. Resolution calling a public hearing for April 16, 1987, on the Arkell Senior Housing Project tax increment financing plan. b. Approve addendum to the lease with MGB Enterprises for off -sale store one. c. Approve an amendment to the ALF Ambulance joint powers agree- ment to allow for alternates from each city to the Board. d. Approve easement agreements on parcels 11 and 12 for Kenrick Avenue/Junelle Path project. e. Approve concept plan for Antlers Park parking lot. 18. Adjourn. 3