HomeMy WebLinkAbout05-01-95
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CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
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,
Harvey and Mayor Zaun.
Also present: R. Knutson, City Attorney; B. Erickson, Gity Administrator, K.
Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks &
Recreation Director; D. Martens, Chief of Police; L. Gustafson, Assessment
Clerk; C. Friedges, Gity Clerk.
MINUTES
The minutes of the April 17th regular Council meeting and the April 11th
special Council meeting were approved as presented.
STAFF ANNOUNCEMENTS
Attome :None.
y
Engineer: Mr. Nelson presented a resolution recommending the Dakota
.County Board award a contract for the reconstruction of CSAH 50 between
Jubilee Way and Kenwood Way. Consistent with an agreement between the
City and Dakota County, the City must concur with the contract amount prior to
award of contract. The Council added this item to the agenda under New
Business (22a).
Administrator: Mr. Erickson provided additions! information for Agenda Item
No. 16.
Director of Operations and Maintenance: Mr. Volk presented the April
Department of Operations & Maintenance monthly activities report.
PRESENTATIONS/INTRODUCTIONS
Steve Michaud presented the 1994 Tree City USA award to the Mayor and City
Council. Mayor Zaun read a proclamation proclaiming May 6, 1995, as Arbor
Day in Lakeville.
CITY OF LAKEVILLE COl1NCIL MEETING
MAY 1, 1995
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95.79 Motion was made by Harvey, seconded by Sindt to proclaim May 6, 1995, as
Arbor Day in LakeviNe.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
Senior Center Coordinator Eileen FondeA introduced Edna Dirks, Senior
Citizen Center Assistant
CITIZENS' COMMENTS None.
CONSENT AGENDA
Counci members, added item 22a to the consent agenda.
95.80 Motion was made by Johnson, seconded by Mulvihill to approve. the consent
agenda items as follows:
a. Claims for payment.
b: Receive minutes of the following advisory committee meetings:
Environmental Affairs Committee, Apri 18th
Parks & Recreation Committee, April 19th
Planning Commission, Aprit 20th
Economic Development Commission, April 25th
c. Resolution No. 95-78 accepting donation from VFW Post 210 to the
DARE Program.
d. Resolution .receiving bids and awarding contract for North Park paving,.
#andscaping, and lighting, Improvement Project 94-11 B.
e. Final acceptance-of street improvements Jn-Marion Hills 2nd Addition..
f. Resolution No. 95-80 approving. plans and specifications and setting a bid
date for the renovation of Fire Station No. 1.
g. Resolution No. 95-81 receiving donation from the Ames family and
authorizing installation of infrared heating at Lakeville Ames Arena.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 3
h. Resolution No. 95-82 amending the 1995 Park Dedication Fund Budget
and Resolution No. 95-82A amending the 1995 Trail Dedication Fund
Budget.
i. Ordinance No. 549 amending Title 3, Chapter 1, of the Lakeville City
Code concerning_intoxicating liquor.
j. Resolution'No. 95-83 authorizing joint and cooperative agreement for the
use of personnel and equipment with .the Regional Mutual Aid
Association.
k. Nomination of Shannon Bailey for reappointment to a two-year term as
Lakeville's representative to the Dakota Alliance for Prevention.
I. Revised Lakeville City Hall Facility Use Policy and Facility Use
Application dated May. 1,.1995..
m. Authorize installation of bleachers and benches at Lakeville Ames Arena.
n. ResolutiorrNo. 95-84 directing the transfer of $20,000 from Water Trunk
Fund No. 0600 to the 1986 Park Improvement Bond Fund No. 0251.
22a. Resolution No. 95-91 recommending award of contract. for reconstruction
of CSAH 50 between Jubilee Way and Kenwood Way, Dakota County.
Project 50-06, City of Lakeville Improvement Project 94-3.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
BOARD OF REVIEW
Mr. Marvin Pulju, Dakota County Assessor, presented a report entitled, "Value
Changes from-1995 Locak Board ;of Review (Update 4/20/95)", which .outlines
changes made to property valuations since the .April 11th Lakeville Board of
Review meeting. He also presented the "1995 Lakeville:Commercialflndustrial
Reviews" and "Reviews Pending as of 4/27/95". He noted that review of the
Charles Blackstad property (PID 22-53701-160-03) has been completed. This
property should be deleted from the list of Reviews Pending.
Mr. Craig Wolfson, 17811 Lake Cove Circle, presented additional information
regarding property values in his neighborhood in Lake Villa Golf Estates. He
questioned the inconsistencies in the valuations established by the Assessor's
Office for similar homes in #his area.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 4
95.81 Motion was made by Harvey, seconded by Mulvihill to receive the information
entitled, "Comparables" submitted by Mr. Wolfson (on file in the City Clerk's
office).
Roll call was taken on the motion. Ayes, Sndt, Mulvihill, Harvey, Johnson,
Zaun.
Mr. Bill Peterson of-the Dakota County Assessor's Qffice stated that in his
opinion, the valuations in this neighborhood are no more inconsistent than in
any other neighborhood in Dakota. County. He explained that their office
conducts sales radio studies on an annual basis. The 1995 assessments are
based on sales that occurred between October of 1993 and September of
1994. Studies conducted by their office have shown that two-thirds of the
homes sold in the City of Lakeville were within six percent of the median value
of assessment, and roughly 98% were within 12 percent of the median value.
Their office is required by the Department of Revenue to be within 90 to 105%
of the market value. He stated he feels they have met all the requirements,
and the market values in Lake Villa Golf Estates as established are justified.
Councilmember Harvey pointed out that Mr. Wolfson's property was purchased
in 1992 for $280,000,. while the assessor's-market value for 1995 is $276,500.
He stated he feels. that Mr. Wolfson's and Mr. Rudinsky's valuations appear to
be correct, while the other homes in the neighborhood may be under-valued.
Mr. Matthew Rudinsky, 17739 Kingsway Path, stated he objected to the 8.5%
increase in his .property valuation, pointing out that most of the homes in his
.neighborhood, which are of similar size, were built around the same time and
were sold at comparable prices, increased 6.3°~ to 6.7% in valuation from
1994 to 1995.
Mr. Peterson-provided additional information on the Lake Villa Golf Estates
..properties, which showed an average increase in .that area of six to seven
percent. He pointed out that several improvements have been made to Mr.
-Rudinslcy's propertysince he purchased it in 1.992.
Mr. Vince Giorgi., 17733 Kingsway Path, raised a concern regarding the
discrepancy in the valuations for the. Lake Villa Golf Estates area, pointing out
that only four out of 14 properties are valued above what they were originally
sold for.
City Attorney Roger Knutson recommended the City Council take action on the
two reviews pending, (Wolfson and Rudinsky}, and recommend that the
CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
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County Assessor's ofi•ice conduct a more in-depth review of this area prior to
establishing next year's valuations.
Mr. Erickson suggested that the assessed valuation of Mr. Wolfson's property
be reduced by 6.7°~, which is the average increase for property in his
neighborhood; and-the assessed valuation of Mr. Rudinsky's property be
reduced by 3.89%, which is the difference between 8.54% and 4.65%, which..
was the-increase for the improvements to his basement.
Mr. Peterson stated the Assessor's Office will :honor the City's request,
however, they are opposed to making. any changes in the market values for
these two properties.
95.82 Motion was made by Harvey, seconded by Mulvihill to receive the following
.reports from the Dakota County Assessor's Office, "Value Changes From 1995
Local Boards of Review. (Update 4-20-95), "1995 Lakeville
Commercial/Industrial Reviews", Reviews Pending as of 4/27/95» and Lake
Villa Goif Estates Assessed Property Values" (all reports on file in the City
Clerk's office)..
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
95.83 Motion was made by Harvey, seconded by Mulvihill to accept the
recommendation of the City Administrator and reduce the market value of the
Wolfson property, PID 22-44326-060-02, by 6.7% for this year and recommend
the Dakota County Assessor's Office review the Lake Villa Go!€ Estates
neighborhood for next year's valuations.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
.95.84 Motion was made by Harvey, seconded by Mulvihill to accept the
recommendation of the City Administrator and reduce the market value of the
Rudinsky property, PID`22-44328-080-01, by 3.89% for this year and
recommend the Dakota County Assessor's Office review the Lake Villa Golf
Estates neighborhood for .next year's valuations.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
95.85 Motion was made by Sindt, seconded by Harvey to adjourn the Board of
Review proceedings..
CITY 41= LAKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 6
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 9
Mayor Zaun opened he public hearing on Improvement Project 93-12, sanitary
sewer, watermain and street improvements to 202nd Street in the Marion
.Heights area. (8:20 p.m.) The City Clerk attested that legal notices were duly
published and mailed.
The City Engineer presented the proposed project, which will include the
closing of Juno Trail from 205th Street northerly to the Christian property and
the construction of a 10-12 foot wide multi-purpose bituminous trail. The total
estimated project cost is $688,800, of which $454,000 is proposed to be
assessed to the benefiting property owners.
Mr. Nelson explained that in order for the project to be constructed and
completed this year, the City needs to obtain Waivers of Trespass to allow
construction. Letters were sent to the 16 property owners involved in this
project. To date, waivers .have been received from ten. of the 16 property
owners. He explained thaf staff has had numerous contacts with several of
the residents, who all appear to be in favor of the project. Staff anticipates
receipt of the remaining waivers within the next week.
Mr. Bruce Steeples, 10655 West 202nd Street, questioned the proposed 10 to
12 foot trail width. He stated fie felt an 8 foot wide trail would be adequate.
Deb Steeples stated they had agreed to a 10 foot wide trail, but are opposed to
the 12 foot width, as it would limit the amount of space they will have on their
property for storage of their boat and dock.
Mr. Erickson explained that the eight foot wide trail would not be wide enough
for vehicular traffic, as area residents will be allowed to use the trail for boat
and dock placement and removal He stated the 10 to 12 foot design issue will
be worked out between the staff and residents.
95.86 Motion was made by Mulvihill, seconded by Sindt to continue the public
hearing on Improvement Project 93-12 until the May 15, 1995, City Council
meeting, and direct staff to send a letter to the property owners who have not
returned the Right of Entry/V1/aiver of Assessment Appeal forms, emphasizing
the importance of receiving these waivers prior to the May 15th meeting so that
. this project can be completed this year.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
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Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ITEM 10
.:Mayor Zaun opened the public hearing on the application of JDS Holdings, Inc.
and Aberdeen Real Estate Partnership, lnc. for an on-sale and Sunday liquor
license, and a cabaret license, at Towers Restaurant & Lounge, 20800 Kenrick
Avenue. {8:40 p.m.) The City Clerk attested that legal notice was duly
published.
Mr. Jeff Quade, President of JDS Holdings, Inc., requested Council approval of
the licenses and provided a brief overview of his plans to expand and renovate
the restaurant and lounge, while working closing with the Super 8 Motel
Investigator Forbord explained that upon review of the license application, staff
had determined that the owners of the building, Aberdeen Real Estate
Partnership, should be co-applicants on the liquor license. Background.
investigations have been completed on the applicants, and both corporations
are in good standing. The license fees have been paid, and a certificate of
insurance for liquor liability is on file.
There were no questions or comments from the audience.
95.87 Motion was made by Harvey, seconded by Mulvihill to close the public hearing.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
.95.88 Motion was made by Sindt, seconded by Johnson to grant an on-sale and
Sunday liquor license, and a cabaret license, to JDS Holdings, Inc. and
Aberdeen Real Estate Partnership, Inc. for Towers Restaurant & Lounge,
20800 Kenrick Avenue.
-Roll-call was-taken on the motion. Ayes, Harvey, Johnson, .Zaun, Sindt,
MulvihiiL
ITEMS 11-14
Finance Director Dennis Feller presented resolutions authorizing the issuance
and sale of four General Obligation Improvement bond issues as follows:
•
CITY OF t_AKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 8
• $4,450,000 G.O. Improvement Bonds, Series 1995A, for the downtown
improvement project;
• $2,350,000 G.O.. Temporary Tax Increment Bonds, Series 1995B and
$1,41.5,000 G.O. Taxable Tax Increment Bonds, Series 1995C, for the
Fairfield Business Campus/New Morning Windows improvement project;
-and
• $2,850,000 G.O. Water Revenue Bonds, Series 1995D, for construction of
the water treatment plant and related infrastructure.
Mr. Ron Langness of Springsted, Inc. explained that these bond issues have
been structured around several bills being considered in the legislature
regarding restrictive use of tax increment financing,. elimination of tax-exempt
interest and a property tax freeze, which may adversely impact future
municipal debt. financing.
95.89 Motion was made by Harvey, seconded by Sindt to approve the following:
• Resolution No. 95-85 authorizing issuance and sale of $4,450,000 General
Obligation Improvement Bonds, Series 1995A;
• Resolution No, 95-86 authorizing issuance and sale of $2,350,000 General
Obligation Temporary Tax Increment Bonds, Series 1995B;
• Resolution No. 95-87 authorizing issuanceand sale of $1,415,000 General
Obligation Taxable Tax Increment Bonds, Series 1995C;
• Resolution No. 95-88 authorizing issuance and sale of $2,850,000 General
Obligation Water Revenue Bonds, Series 1995D.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
Mayor Zaun recessed he Gty Council meeting at 9:00 pm. and reconvened at
9:08 p.m.
ITEM 15
Mr. John Kosmos, representing. Valvoline Rapid OiL Change, requested
Council approval of the prelirninary and final plat of Valvoline Addition and a
planned unit developrnent-conditional use permit amendment to allow the
CITY OF t_AKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 9
construction of a two service bay Rapid Oil Change facility in the northwest
corner of Kenwood Trail and 175th Court.
Mr. Morey presented the preliminary and final plat of Valvoline Addition, which
involves the combination of portions of two unplatted parcels with Outlot B of
Argonne Park. The PUD-CUP amendment is required to allow the
development of a Rapid Oil Change faci ity on the subject property, which was
included in `the PUD-CUP approved in 1987 to allowthe development of an
Amoco gas station and car wash. Valvoline representatives have submitted a
hold harmless agreement for a monument sign, as well as a cash escrow
security for the sanitary sewer and water improvements proposed for this
development. Amoco representatives have submitted a private agreement for
shared driveway access between the Amoco and Rapid Oil Change properties.
Amoco representatives have also submitted a temporary public drainage and
utility easement for the sanitary sewer and water lines. that will serve the
Amoco and Rapid Oil Change properties. Staff recommends approval of the
preliminary and final plat, and PUD-CUP amendment, subject to nine
stipulations as recommended by the Planning Commission.
Councilmember Johnson asked if any fill will be required, as the area appears
to be rather low. Mr. Kosmos stated that filling will not be necessary. He
explained that this property appears to be low; as the surrounding property is
considerably higher.
Councilmember Sindf asked. how the company plans to dispose of used oil.
Mark Gilbertson of Valvoline Rapid Oil Change explained that their company is
a division of Ashland Oil Company. Ashland Oil has started a new company
called First Recovery, who is a licensed recycler. They will remove all. waste
oil products from the site for refining and reuse. He further stated that
Valvoline Rapid Oil Change will accept used oil products from the public during
business hours.
95.90 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No.
95-89 approving the preliminary and fina plat of Valvoline Addition, receive the
Plann°rng Commission's' Findings of Fact and Recommendation and approve a
Planned Unit Development-Conditional Use Permit amendment to allow the
construction of a two service bay Rapid Oil Change facility in the northwest
corner of Kenwood Trail and 175th Court.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
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CITY OF tAKEVILLE COUNCIL MEETING
MAY 1, 1995
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ITEM 16
Mr. Bill Dolan, .representing Great Oak. Shores Joint Venture, requested
Council approval of the preliminary and final plat of Great Oak Shores Point, a
planned. unit development-conditional use permit and a variance for cul-de-sac
street length.
Mr. Morey presented he preliminary and final past of Great -Oak Shores Point,
which consists of ten single family residential lots located south of 185th Street
and east of Kenrick Avenue. He explained that the developers are requesting
a planned unit development conditional use permit to allow a five foot front
yard building setback reduction on three of the ten proposed lots and a
variance to allow a cul-de-sac street with a length greater than 500 feet. Staff
supports the PUD-CUP and variance, given the environmental sensitivity of the
area
As part of the preliminary and final plat, Mr. Morey explained that the
developer will deed four outlots to the City. These outlots represent a
significant amount of open space, which reduces the overall density of the
subdivision to .6 lots per acre.
Staff is .also recommending approval of agreements and trail easements with
the Ewald and Abraham families for the purpose of establishing a permanent
trail corridor across Lots 9 and 10, Block 2, Great Oak Shores. A signed trail
easement across the back of Lot 13 has been provided by Mr. Pogatchnik.
Staff recommends. approval of the,preliminary and final plat, planned unit
development-conditional use permi# and variance.
Councilmember Harvey asked why the trail is designated as a drainage and
utility easement. Mr. Morey explained that the trail easement will fall within the
drainage and utility. easement. Mr. Knutson explained that the State Statute
authorizing easements on plats .is very old and only authorizes a very limited
classification of easements being ..placed on pasts.
Mayor Zaun recognized the cooperation of the three property owners involved
with the trail easement.
Mr. WaNace Martin, who owns 22.5 acres south of this plat, stated he has no
opposition to the proposed development.
95.91 Motion was made by Johnson, seconded by Mulvihill to approve Resolution
Na 95-90 approving the preliminary and final plat. of Great Oak Shores Point,
CITY OF LAKEVIt_l.E COUNCIL MEETING
MAY 1, 1995
PAGE 11
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receive the Planning Commission's Findings of Fact and Recommendation,
and approve a Planned Unit Development-Conditional Use Permit for a five
foot front yard building setback reduction on three lots and a variance for cul-
de-sac street length.
Roll call was taken on the: motion. Ayes, Sindt, Mulvihill, .Harvey, Johnson,
Zaun.
ITEM 17
Ms. Faith McGaghy, representing Independent School District 194, requested
Council approval of a conditional use permit and rezoning to allow a
community adult education facility in the Holyoke Professional Building located
at 8755 Upper 208th Street West.
Mr. Dempsey explained that a portion of the professional building lies within
the CBD-I District. Staff suggested that portion of the property. be rezoned to
CBD-C, Central Business District-Commercial, to bring the site and existing
and proposed uses of the building into conformance with the zoning ordinance
and into conformity with the remainder of the property. -The property is located.
in Planning District No. 18 of the Comprehensive Plan, which supports
maximum commercial development in the downtown area. Staff recommends
approval of the rezoning and conditional use permit request.
95.92 Motion was made by Mulvihill, seconded by Johnson to receive the Planning
Commission's Findings of Fact and Recommendation approve a conditional
use permit for Independent School District 194 to allow a community adult
education facility at $755 Upper 208th Street West, .and adopt Ordinance No.
550 rezoning property from CBD-I, Central Business District-Industrial, to CBD-
C, Central Business District-Commercial..
Roll call was taken on the motion. Ayes,. Mulvihill, Harvey, Johnson,. Zaun,
Sundt.
ITEM 18
Pastor Del Lind of Family of Christ Lutheran Church requested Council
approval of a conditional use permit amendment to allow an accessory building
at 10970-185th Street West.
Mr. Dempsey explained that Family of Christ Church was granted a conditional
• use permit amendment in April of 1994 for construction of the church. The
church membership has determined a need for additional storage space of
CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 12
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maintenance equipment. The proposed accessory building would be used
until such time as the future classroom addition is completed, which will include
a lower level storage area. The accessory building will be removed from the
property prior to construction of the classroom addition onto the church
building.
95.93 Motion was made'by Johnson, seconded by Harveyto :receive the Planning
Commission's ?Findings of Fact and Recommendation and approve a
conditional use permit amendment for Family of Christ Lutheran Church to
allow an accessory building at 10970-185th Street West.
Roll call was taken on the motion. Ayes, Harvey,. Johnson, Zaun, Sindt,
MalvihilL
ITEM 19
The City Council considered an ordinance amending. Section 12.8 of the
Zoning Ordinance concerning off-street parking requirements for a church,
theater or auditorium. Mayor Zaun asked about churches that would become
• nonconforming with this ordinance amendment and how many of those would
find it extremely difficultto conform. Mr. Morey stated staff will work with these
churches on an individual basis when they apply for expansion or conditional
use permit. He pointed out that the City's ordinance allows parking deferments
in cases where parking supply would exceed demand. Mayor Zaun also asked
about the future of .these properties if they were to be sold for some use other
than religious. Mr. Morey stated they would have to comply with the parking
requirements established by ordinance for a given use.
95.94 Motion was made by Harvey, seconded by Mulvihill to adopt. Ordinance No.
551 amending Section 12.8 of the zoning ordinance concerning off-street
parking requirements fora church, theater or auditorium.
-Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 20
95.95 Motion was made by Sindt, seconded by Harvey to set a Council work session
for Tuesday, May 30th, at 7:00 p.m.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
• Johnson.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 1, 1995
PAGE 13
UNFINISHED BUSINESS None.
NEW BUSINESS
Councilmember Sindt asked about a damaged sign at McStop. Staff indicated
that the property owner has been contacted.
ANNOUNCEMENTS Next regular Council meeting., May 15, 1995
Mayor Zaun adjourned the meeting at 9:50 p.m.
Respectfully submitted,
1
.Charlene Fr'iedges~i` ity Clerk
Du ne Zaun, Ma o
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