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HomeMy WebLinkAbout09-02-97 CITY OF LAKEVILLE COUNCIL MEETING • SEPTEMBER 2 1997 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 Johnson, Sindt, Mulvihill, Holberg .and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the August 18, 1997, City Council meeting and the August 6, 1997, City Council work session were approved as presented.. • STAFF ANNOUNCEMENTS Attorney: None. Engineer: Mr. Nelson indicated that he hasreceived revised flood insurance maps from the Federal Emergency Management Agency, which appear to incorporate all the revisions requested last year by the City of Lakeville. Administrator: None. Director of Operations & Maintenance: Mr. Volk presented the August, 1997, Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS .None. CITIZENS' COMMENTS None. CONSENT AGENDA 97.153 Motion was made by Johnson, seconded by Mulvihill to approve the consent agenda items as follows: • a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 2 b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, August 19, 1997 Parks & Recreation Committee, August 20, 1997 Planning Commission, August 21, 1997 c. Approve the 1998 Convention & Visitor's Bureau Budget. d. Resolution No. 97-190 vacating roadway, drainage and .utility easements associated with the Zweber Farm plat. e. Resolution No. 97-191 vacating sewer easement per Book No. 195 of Deeds, Page 426, associated with Arden International Kitchens. f. Purchase Agreement for speakers and amplifier and Music Services Agreements with Muzak Limited Partnership. for Liquor Stores No. 1, 2, 3 and 4. g. Change Order No. 1 with DAKA Metal Fabricators for Liquor Store No. 4. • h. Antenna Site Lease Agreement with Two-Way Communications, Inc. i. Resolution No. 97-192 receiving bids and awarding contract for extension of Glacier Way east of Cedar Avenue to Dodd Boulevard, Improvement Project 97-11. j. Authorize Barr Engineering Company to prepare plans and specifications .for rehabilitation of Well No. 6, Improvement Project 97-21. k. Construction Agreement with Dakota County for reconstruction of CSAH 31 (Pilot Knob Road) from 170th Street to south City limits, Improvement Project 95-4. I. Change Order No. 5 with Bor-Son Construction, Inc. for Dakota. Heights Water Treatment Plant, Improvement Project 94-2. m. Acceptance of improvements and final payment No. 2 to Ryan Contracting, Inc. for Well No. 12 collection pipe and King Park irrigation pipe, Improvement Project 96-10B. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 3 i n. Resolution No. 97-193 ,approving a gambling permit for Minnesota Quarter Horse Association. o. Grant a temporary 3.2% malt liquor license to Lakeville Jaycees for an event at Aronson Park on September 13 and 14, 1997. p. Election of James Kill as District Chief of the Lakeville Fire Department. q. Assessment agreement with Muller Family Theater. r. Extension of Lake Villa Golf Estates 9th Addition preliminary plat. s. Temporary Construction Easement for Hohag property. Roll call was taken on the motion.. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 Mr. Feller presented a resolution authorizing the sale of $5,480,000 General • Obligation Temporary Bonds, Series 1997A. He explained that the bonds would be used to finance the Kingswood Estates improvement project 96-6 and Glacier Way improvement project 97-1 and refinance the County. Road 46 improvement project 91-3. Springsted Principal Dave MacGillivray asked the City Council to authorize bids for this temporary bond issue to be opened on October 6, 1997. He explained that this is a three-year temporary issue with the principal maturing in the Year 2000. The issue provides the ability for the City to call the bonds. in 18 months if other action enables the City to reduce the issue in advance of maturity. 97.154 Motion was made by Johnson, seconded by Sindt to approve Resolution No. 97-194 relating to $5,480,000 General Obligation Temporary Bonds, Series 1997A, authorizing the issuance. and calling for the sale thereof. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 9 • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 4 • David Licht, Northwest Associated Consultants, provided an update on the status of the Comprehensive Plan work activities and the anticipated scheduling of products and future meetings. (See memo from Northwest Associated Consultants dated July 25, 1997.) Mr. Licht stated that the participants in the neighborhood meetings have demonstrated a greater understanding of the planning process as a result of these. meetings. Councilmember Johnson asked if there had been any particular direction of questions or concerns from the neighborhood meetings that were surprising. Mr. Licht indicated that overall, compared to other communities, the problems Lakeville has are minimal, which is reflective of the ongoing planning that has taken place. Mayor Zaun asked if the Scott County (Credit River Township) plan has been adopted. Mr. Licht stated that they have a meeting scheduled for this Friday to go over the Credit River and New Market Township plans. He further stated that they have met with Credit River representatives from the Town Board, and that meeting was very positive and productive. • ITEM 10 Mr. Jeff Sitar of Arden International Kitchens requested Council approval of the vacation of drainage and utility easements and the preliminary and final plat of Arden Kitchens Addition. Mr. Sobota explained that Arden International Kitchens was acquired by Schreiber Foods in 1994. The company is proposing a three phase expansion of their operation located on Hamburg Avenue south of .County Road 50. Phase One consists of a 20,000 square foot building addition on the south side of the existing building. He explained that the purpose of the easement vacation and platting is to combine and replat Lots 3 and 4, Block 1, Airlake Industrial Park 1st Addition. Anew drainage and utility easement is being dedicated with the final plat of Arden Kitchens Addition to more accurately reflect the location of the flood plain along the northeast corner of the site. Mr. Sobota explained that Arden recently acquired additional City-owned land located to the south and Airlake Development-owned land located to the east. The City-owned parcel is approximately 1.8 acres and is the former site of the Lakeville Village Sewage Treatment Plant. Staff recommends approval of the easement vacation and preliminary and final plat, which includes an • option on the City-owned parcel CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 5 i Mayor Zaun questioned whether the parking deferment development contract needs to be signed prior to the City signing the final plat. Mr. Sobota stated that is correct. Mayor Zaun questioned whether there is any difficulty in proceeding with the final. plat since there. were minor changes made since it was presented to the Planning Commission at the public hearing. Mr. Knutson stated there is no problem, since the outside boundaries of the plat have not.. been altered. Mayor Zaun asked about the park dedication. requirements for a re-plat. Mr. Sobota explained that based on City policy, park dedication is not required for the replatting of an existing development. Park dedication would be required, however, if the option on the City lot is exercised by Arden Kitchens and also on the undeveloped portion of the property south of their existing developed site if Arden is to expand. beyond the planned 20,000 square feet of building space. 97.155 Motion was made by Holberg, seconded by Mulvihill to approve Resolution • No. 97-183 approving the preliminary and final plat of Arden Kitchens Addition and the conveyance of City-owned property; and Resolution No. 97- 184 vacating a drainage and utility easement. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 11 Mr. Mark Ulfers, Executive Director of the Dakota County Housing and Redevelopment Authority (HRA), requested Council approval of Lakeville Family Housing Addition, which consists of 30 townhome units on property located north of Dodd Boulevard and east of Cedar Avenue. He explained that the proposed project is intended to assist in meeting housing needs in the community. Local market research shows that there is a need for 2 and 3 bedroom rental units. The project is targeted to provide affordable rental. housing for modest income families making between $21,000 and $34,000 annually. He compared the proposed project with similar developments in Burnsville, Apple Valley and Inver Grove Heights. Mr. Sobota presented an ordinance rezoning the subject properly from R-A, • single family agricultural residential district and R-2, single family residential. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 6 district, to Planned Unit Development District and the preliminary and final plat of Lakeville Family Housing Addition. He explained that the rezoning would allow the townhome project to have individual buildings on individual lots and one common area lot for common space. Funding for the project is obtained from afor-profit private limited .partnership. The Dakota County HRA serves as project manager. Mr. Sobota explained that the City of Lakeville participates in the Livable Communities Act, Dakota County Cluster, which looks at this type and style of housing. This type is in short supply in the City in terms of rental townhome development and is supported strongly by the Livable Communities Act. Councilmember Sindt asked if the HRA provides an on-site caretaker. Mr. Ulfers stated they do. In addition, they have 24-hour, seven day per week maintenance people to handle emergencies that may arise. Councilmember Mulvihill raised a concern that residents might have a tendency to enter/exit this development to the east through the Valley Christian Church property, since there is only one designated access on the west side of the development. • Mr. Sobota explained that the access to the east through the Church property would only be used for emergency vehicles. He stated he believes the design of this road, which will be graded and not paved .until a future date, will lead residents. to assume that it is a private drive and not a roadway. He indicated that the City and. HRA could post a sign if the need arises. Councilmember Mulvihill raised a concern regarding the single stall garages. She questioned whether the garage will be large enough for storage and whether the number of guest parking stalls will be adequate to accommodate families with more than one vehicle. Mr. Ulfers explained that this type of housing typically has a significant number of single parents. The single stall garage and designated number of guest parking stalls has been adequate in similar projects. He further stated that they build oversized single garages, which have some storage space to accommodate grills, garbage cans, bikes, etc. Councilmember Johnson asked Mr. Ulfers how the HRA maintains the quality of its projects. Mr. Ulfers explained that much of it has to do with their philosophy on the • front end of, what they call, life-cycle costing in terms of building materials. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 7 • He stated they not only look at the initial cost of building materials, but the long term costs of maintenance and repairs.. Councilmember Sindt raised a concern that the intersection at Glacier Way may become hazardous, given its proximity to the Cedar/Dodd intersection. Mr. Sobota stated the Dakota County Highway Department has reviewed the plat for the Valley Christian Church Addition, it meets their guidelines. He further stated he feels site lines are. good at that location. 97.156 Motion was made by Johnson, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 612 rezoning property north of Dodd Boulevard and east of Cedar Avenue from R-A, Single Family-Agricultural Residential District, and R-2, Single Family Residential District, to Planned Unit Development District; and approve Resolution No. 97-195 approving the preliminary and .final plat of Lakeville Family Housing Addition. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 12 Mr. Wayne Lamoreaux of Pioneer Engineering and. Jeff Hultgren, President of Freeborn-Mower, Ltd. II, requested Council approval of the final plat of Boulder Village West. Mr. Sobota presented the final plat of Boulder Village West, which consists of 15 single family lots located south of 165th Street and. west of Ipava Avenue. The final plat is consistent with the Boulder Village preliminary plat/PUD previously approved by the City Council. The Planning Commission unanimously recommended approval of the final plat. Staff recommends approval. Mr. Chuck Ryan, 16837 Ivywood Court, presented a letter to the City Council on behalf of Boulder Village Townhome Development regarding the decision by the developer. to not have an association in Boulder Village West. The existing townhome development has an association, and homeowners pay monthly fees for maintenance, repairs to streets and trails, etc. He asked how the homeowners in Boulder Village West will help pay for resurfacing of the streets after construction is completed. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 8 • Mr. Erickson explained that the developer is required to submit security to cover the cost of resealing or resurFacing the streets if deemed necessary by the City Engineer after construction is completed. He stated there was an issue raised concerning the assignment of responsibility of the property owners associations, single family development versus townhome development. It was determined that the 15 units of single family development have more private streets to be responsible for per unit than the townhome development, and the City is not going to extend their responsibility into the street network within the townhomes. However, the recreational trail system would necessitate participation by the single family development, and that has been incorporated into the development contract. 97.157 Motion was made by Sindt, seconded by Mulvihill to receive the letter from Chuck Ryan on behalf of the Boulder Village Townhome Development dated September 2, 1997. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. Councilmember Sindt asked the City Administrator to review the letter from Briggs and Morgan. Mr. Erickson stated the letter was prompted by a resident's concerns regarding the status and progress of the current Boulder Village development and issues that still need to be addressed. He stated there are ample securities in place to guarantee that all of these items will be addressed in an appropriate manner. 97.158. Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 97-196 approving the final plat of Boulder Village West. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 13 John Hennen presented an ordinance amending Title 4 of the Lakeville City Code concerning noise. He explained that the Police Department has received concerns from residents regarding noise due to early morning construction activity.. The proposed ordinance prohibits specific activities from occurring between the hours of 10:00 p.m. and 7:00 a.m. The ordinance includes a list of activities that are exempted from the prohibitions, CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 1997 PAGE 9 • such as mining and excavation, snow removal equipment, emergency public works construction and activities and land uses regulated by conditional use. permits. 97.159 Motion was made by Holberg, seconded by Johnson to adopt Ordinance No. 613 amending Title 4 of the Lakeville City Code concerning noise. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson.. ITEM 14 97.160 Motion was made by Mulvihill, seconded by Johnson to seta Council Work Session for Monday, September 22nd, at 5:00 p.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. UNFINISHED BUSINESS None • NEW BUSINESS None ANNOUNCEMENTS: Next regular Council meeting, September 15, 1997 Mayor Zaun adjourned the meeting at 8:40 p.m. Respectfully submitted: Charlene Friedges, City Jerk Duane Zaun, M r •