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HomeMy WebLinkAbout03-06-95 t . CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 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, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Feller, Finance. Director; D. Martens, Chief of Police; L. Gustafson, Assessment Clerk; D. Morey, Planner; D. Volk,. Director of Operations & Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the February 21, 1995, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: Mr. Knutson requested the City Council. hold an executive session following the Council meeting to discuss pending litigation in the North Park water tower matter and the Orchard Lake matter. Engineer: None, Administrator: Mr. Erickson requested the City Council remove Item No. 11 from the agenda, as the property owner is not ready to pursue a special assessment agreement. 95.24 Motion was made by Mulvihill, seconded by Harvey to remove Item No. 11 from the agenda. Roll call was taken on the motion. Ayes,. Johnson, Zaun, Sindt, Mulvihill, Harvey. Director of Operations tIR Maintenance: Mr. Volk presented the February Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS rt CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 2 Mayor Zaun introduced Dianne McAvoy, Kelli McAvoy and Robin Birkemose, local leaders, and read a proclamation for Camp Fire Birthday Week. 95.25 Motion was made by Harvey, seconded by Sindt to proclaim March 13 through 19 as Camp Fire Birthday Week in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. CITIZENS' COMMENTS Ms. Rosalyn Wilson, 11538 -172nd Street West, voiced her concern regarding an ongoing watershed problem in the Orchard Lake area and provided the Council with copies of letters she wrote to the Mayor and City Engineer and a response she received from the City Engineer. She also provided photographs of the area. 95.26 Motion was made by Mulvihill, seconded by Harvey to receive the information submitted by Ms. Wilson and consider the matter under Unfinished Business. Roll call was taken on the .motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun.. CONSENT AGENDA 95.27 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: February 16th .Planning Commission February 15th Parks & Recreation Committee c. Trunk storm sewer and pond construction credits, Brackett's Crossing Second Addition. d. .Resolution No. 95-37 authorizing preparation of plans and specifications for trunk watermain, well collection pipe and sanitary sewer for Dakota Heights water treatment plant, Improvement Project 94-12. e. Final acceptance of utilit and street im rovements, Timber Rid a South. y p 9 CITY OFIAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 3 f. Final acceptance of utility improvements, Lynwood South 2nd Addition. g. Resolution No. 95-31 (A) authorizing condemnation of property for public purposes. h. Approve specifications for Point of Sale & Inventory Hardware, Software & Services for the Lakeville Liquor Stores and authorize bids to be opened at 2;00 p.m. on .March 28, 1995. i. Resolution No. 95-39 repeating Resolution No. 94-132 self-insuring surety bonds. j. Equipment Lease Agreement with Marquette Bank-Lakeville. k. Receive application from Golf Enterprises, Inc. for an on-sale wine and strong beer license at Crystal Lake Golf Club, 16725 Innsbrook Drive, and call a public hearing for April 3, 1995. I. Resolution No. 95-40. accepting a donation from 1st National Bank Lakeville to the Economic Development Department. • m. Resolution No. 95-41 accepting a donation from Lakeville VFW Post 210 to the DARE Program. n. Resolution Na 95-42 accepting a donation from Claudette King. o. Appointment of Todd Blomstrom as an alternate member of the Black Dog, Credit River and Vermillion River Watershed Management Organizations. p. Resolution No. 95-43 receiving bids and awarding contract for two Toro 580-D rotary mowers. q. Resolution No. 95-44 authorizing conveyance of a mower and reel sharpener to Lakeville Independent School District No. 194. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 8 Mayor Zaun opened the public hearing on the proposed reconstruction of the downtown sanitary sewer, watermain, storm sewer and street improvements, . .CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 4 Improvement Project 94-1. The City Clerk a#tested to legal notices being duly published and mailed. Joel Diesel of Orr-Schelen-Mayeron & Associates, Inc. provided an overview of the proposed reconstruction of CSAH 50 and the downtown sanitary sewer, watermain, storm sewer and street improvements. Mr. Diesel explained that the origina# sanitary sewer system that serves the project area was constructed in 1934. The system was inspected and televised in 1990/91. Significant cracking, separated joints, some collapsed sections and extensive leaking of groundwater into the system were noted during this inspection. As a part of this improvement project, Mr. Diesel explained, sanitary sewer lines that are located below the ground water table will be replaced to reduce inflow and infiltration. He pointed out that the City paid an additional $300,000 to the Metropolitan Waste Control Commission in 1993 alone for inflow and infiltration.. Lead water mains and service lines will be replaced to eliminate .the health concerns associated with lead in .the water system. The existing four-inch diameter water mains will be replaced with six-inch diameter mains, and the Holyoke Avenue main will be upgraded to a 12-inch main to address .concerns expressed in a 1988 Insurance Services Organization (ISO) report. Sanitary sewer and storm sewer lines that are located under buildings will be .rerouted.. Deficient hydrants and valves on the water main system wilt be replaced. In addition to reconstruction of portions of the existing sanitary sewer system, it is proposed to extend. public sewer to serve single family residences presently on private septic systems. In an effort to reduce flooding in the downtown area, new and reconstructed storm sewer pipe will be placed along 209th Street, Holt Avenue, Upper 209th Street and 210th Street. Pipe would be placed south of 210th Street along the easterly and northerly sides of the existing ditch, with the outlet being the west end of the Grist Mill ditch that was reconstructed under City lmprovernent Project 92-18. <Mr. Diesel explained hat based on input received from the residents, burial of all overhead linesdoes not-appear feasible, at an estimated cost of $1,000,000. in addition to burial of the lines, the electrical systems in some existing homes would need to be brought up to current code. This would cost each homeowner more than $5,000 to have the .power lines buried. The project is proposed to be phased over two years. The first phase would be bid under contract with the Dakota County Highway Department, which would include reconstruction of CSAH 50 from 205th Street. south to 210th Street and east along 210th Street to a point one-quarter mile west of Hamburg Avenue, CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 5 and 12 blocks of City streets south of 208th Street and east of Holyoke Avenue. Also included in the contract would be the widening of CSAH 50 with curb and gutter and storm. sewer between lcenic Path and Hunter Court along 202nd Street. A trail would be constructed along the south side of 202nd Street from Dodd Road to Holyoke Avenue, and a similar trail will be constructed along the north side. of 210th .Street from Holyoke Avenue east to the Farmington city limits. The total. estimated project cost is $8,495,000, of which approximately $923,000 is proposed to be assessed. The proposed assessment to a residential parcel would be $2,350, duplex units would be $1,175 .per unit, and apartment complexes would be $587.50 per unit. This is .proposed to be assessed over 10 or 20 years, at an estimated interest rate of 8%. Assessments for commercial property would be $18.76 per front foot, plus a trunk storm sewer area charge of $.151 per square foot of lot area. There are some credits proposed to several properties who were previously assessed for curb and gutter improvements for the Holyoke streetscape project that occurred in the mid-4980's. • Mr. Erickson explained that in .conjunction with the reconstruction of CSAH 50, the City is proposing to replace the shoe-box light fixtures with ornamental acorn type light fixtures, with new holiday decorations. The shoe-box light fixtures will be relocated to the Fairfield Business Campus. The downtown businesses will participate in the cost of the new decorations. Mr. Feller explained that applications for deferment of special assessments are available to senior citizens and residents with disabilities who are Living on a limited income. .Mayor Zaun opened the public hearing to questions and comments from. the audience. Mrs. LillianThies, 20540 Howland Avenue, asked why this work was .not done in 1987 when Holyoke Avenue was,upgraded. Mr. Erickson explained that the State of Minnesota was in control of Highway 5Q back in 1987. Since that time, the turnback of Highway 50 to the County from the State was successful, and turn back funds are now available for this project. He pointed. out that anyone who was assessed for the streetscape projecf in 1987 will be given a full credit on this project. Councilmember Harvey also pointed out that there are now tax increment dollars available to help finance this project that were not available in 1987. I CITY 01= LAKEVILLE COUNCIL MEETING MARCH 6,.1995 PAGE 6 Ms. Betty Schreiner, 20545 Howland Avenue, wanted to know the actual (not estimated) assessment to her property. Mr. Erickson explained that the residential assessment covers only 11 % of the overall .project cost. He stated he feels confident that the residential assessment will not deviate much, if at all, from what is being estimated. Only unusuallyhigh>bidswould cause a deviation. He .pointed out that over the past six years, improvement project assessments have run either at or under budget. Mr. Greg Parranto, 20620 Holyoke Avenue, questioned the .City's formula for determining residential assessments on a unit bases, rather than on a front footage basis, as his lot has less than the average 65 feet of front footage. He suggested that the City's savings in inflow and infiltration costs to the Metropolitan Council could go toward this project, eliminating some, if not all, of the assessments. Mr. Erickson explained that the City is proposing to spend more sanitary sewer trunk funds (11 on this project than would normally be warranted because of the I & I savings the City .will experience. Mr. Glenn Nord,, 20655 Holt Avenue, stated he feels the City should pursue burial of the overhead lines with #his project. Mr. Erickson explained that. the majority. of the residents who attended the City's informational meetings on this project were not willing to pay for the underground conversion of overhead lines. He suggested that if the residents in any specific area are interested in paying for the underground conversion, the conversion could be done on an individual .area basis. 9528 Motion. was made by Harvey, seconded. by Johnson to close the public hearing. Roll call was taken,on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. 95.29 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 95-45 ordering public improvement and preparation of plans and specifications for downtown sanitary sewer, watermain, storm sewer and street improvements, Improvement Project 94-1. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVI!!E COUNCI! MEETING MARCH 6, 1995 PAGE 7 i Councilmember Johnson suggested that a questionnaire be sent to all residents proposed to be assessed for the downtown improvement project to determine whether they would be willing to pay an additional assessment for burial. of the overhead power lines. -95.30 Motion was made by Harvey, seconded by Johnson #o direct staff to provide sufficient information #o the residents and businesses downtown so that those people can-make an informed decision on responding #o a questionnaire regarding the burial of overhead power lines as part of the downtown improvement project for Phase One improvements only, at this time, with Phase Two survey work to be done prior to authorization of final plans and specifications for Phase Two. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. Mayor Zaun recessed the meeting at 8:45 p.m. and reconvened. at 8:50 p.m. ITEM 9 Mr. Jim Norton of Short, Elliott, Hendrickson, Inc. presented the plans and specifications for the construction of an elevated storage tank at North Park, Improvement Project 94-11. He explained that the project is proposed to be bid under two contracts. The first would be for construction of the elevated tank.. The second contract would be bid at a later date, which would include paving. of the North Park parking lot, including curb .and gutter, storm sewer, pavement striping, landscaping and lighting.. Mr. Norton stated the contract specifications include a cash incentive of $1,000 per day up to a maximum of 30 calendar days for early completion. The contractor will place asix-foot high chain link fence around the construction area for safety. Bids are proposed to be opened at 2:00 p. m. on Monday, March 27th. Councilmember Sindt asked if the area will be well lit at night. Mr. Erickson tated here will be one-security fight; however, an additional temporary construction fight will be added to the plans and specifications. 95.31 Motion was made by Harvey, seconded'by Mulvihill to approve Resolution No. 95-46 approving plans and specifications and setting a bid date for construction of the North Park elevated storage tank, Improvement Project 94- 11. CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 8 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 10 Senior Pastor :Don Reigstad .requested Council approval of a conditional use permit for Trinity Evangelical Free Church to construct an expansion on #heir -existing church parking lot. He explained that the-parking lot expansion request is due, -in part, to impacts to the church property created as a result of the Dakota County Highway. Department's recent improvements to Kenwood Trail. (CSAH 5) and Klamath Traii adjacent to the church. Mr. Morey provided an overview of the staff report on this conditional use permit request. He explained that the parking lot is proposed to be expanded on the church-owned lot located adjacent to the west of the lof on which the existing .church sanctuary and parking lot are located. The church parsonage is currently located on this westerly lot.. Dakota County will not allow the combination of the two lots because they are located in different sections. Mr. Morey explained that the proposed parking lot expansion consists of 55 parking spaces. Fourteen existing parking spaces located along the-west side of the church !ot will beremoved to accommodate theparking !ot expansion and the reconfiguration of the driveway access onto Klamath Trail. There will be a net gain of 41 parking spaces, and the church will have a total of 182 parking spaces following completion of the parking iot expansion. The parking lot expansion plan indicates that 13 six foot tall Black Hills. Spruce trees will be planted on the north side of the parking lot expansion to supplement existing trees in providing a buffer between the parking lot expansion and the single family home located adjacent to the north. The Planning Commission held a public hearing on the conditional use permit request, and recommended approval subject to amended stipulations No. 7 and 11 as outlined in the February 16, 1995, Planning Commission meeting minutes. Mr. Sobota provided an historic background of the development that has ::occurred in the area of the Trinity Evangelical Free Church site from 1972 to the present. Mr. Tim Phenow of Strgar, Roscoe, Fausch showed several alternative site plans for the parking lot expansion. He explained that the original site plan showed. a 25-foot buffer on the north property line and provided a net gain of 61 parking spaces. Because of the steep grades, it was difficult to save existing trees along the north lot line. However, the recommended site plan shows a 40-foot to 68-foot buffer between the parking lot and the property to CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 1995 • PAGE 9 the north, saving 15 existing trees with space for planting additional trees. Based on this new site .plan, the church now has a net gain of 41 parking spaces. Mr. Jim Sheldon, attorney representing Mike & Bonnie Holloway, stated he does not feel the proposed conditional use permit complies with the City's zoning ordinance. He tated in his opinion, it is not compatible-with the adjacent and-use, that being a single family-residence. He feels that removal of the trees will depreciate the value of the existing single family home. He requested the City Council table the conditional use permit request. to allow he and his clients #ime to work with church officials on this matter. Mr. Mike Holloway, 16172 Keystone Court, voiced his concerns with .the proposed conditional use permit request as follows: loss of trees, lights, drainage, re-sale value of his .home and future expansion of the church. He provided copies of letters from a Realtor and a property appraiser who indicated that in their opinion, the value of Mr. HolNoway's property would be negatively impacted by the removal of trees for the construction of a parking lot. Mr. Holloway presented to the Councilmembers a series of enhanced • photos which show the existing trees to the south of his property, and a proposed landscape buffer. He requested the City Council table this matter so .that he can engage: the. services of a planner and .discuss the possibility of additional .landscaping with church officials. Mr. Jim Bergerson, 16508 Kingsley Court,. stated he feels #here are other .alternatives to accommodate the church's growth without laying additional blacktop, such as holding additional services, shuttle .service utilizing the YMCA and Orchard Lake Elementary School parking lots, and hiring a.second pastor. Councilmember Sindt asked if there are any plans to signalize the County Road 5/Klamath Trail intersection. Mr. Dave Zech, Dakota County .Engineering, stated conduits are in place,. and the intersecfion will. be signaled when #raffic warrants are met. Mayor Zaun asked the City Attorney if the construction of a parking lot on a separate parcel next to a residential parcel is allowed under the City's zoning ordinance. Mr. Knutson stated the City's zoning ordinance accommodates this request. In response to Mayor Zaun's inquiry, he further stated this .parcel cannot be sold separately because the required parking for the church is a condition of the conditional use permit. • CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 10 Mayor Zaun pointed out that a conditional use permit had previously been granted for the church expansion.. He asked if the parking lot expansion would be .considered an accessory use of the original conditional use permit, questioning whether a separate conditional use permit for the parking lot is required. Mr. Knutson explained that everything associated with the church, which. was approved by conditional use permit, is a part of that conditional use permit. Councilmember Mulvihillpointed out to Mr. Holloway that his lot was, at one time also heavily .wooded.. She stated that the property :owners :next to him have the same rights as he had to clear trees and do what they want with their .property. Mr. Erickson suggested Mr. Holloway have a landscape architect look at the situation and possibly blend ome larger tree spaded trees among the smaller evergreen trees atong the keystone wall He suggested if the matter is tabled for two weeks, that it be tabled for the purpose of discussing landscaping and screening: issues only. 95.32 Motion was made by Johnson, seconded by .Harvey to table consideration of a conditional use permit for Trinity Evangelical I ree Church until the March 20, 1995, City Council meeting to allow the two parties (church officials and Mr. & Mrs. Holloway) to discuss landscaping/screening issues. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. 95.33 Motion was made by Sindt, seconded by Mulvihill to extend the meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 12 95.34 Motion was made by Johnson, seconded by Sindt to set a Council Work session for Wednesday, March 29th, at 7:00 p.m. Roll call was taken on the motion. Ayes,. Johnson, Zaun, Sindt, Mulvihill, Harvey. • UNFINISHED BUSINESS r C1TY OF IAKEVILLE COUNCIL MEETING MARCH 6, 1995 PAGE 11 95.35 Motion was made by Sindt, seconded by Harvey to refer the information received from Rosalyn Wilson under Citizens' Comments to Barr Engineering for their review and recommendation. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson.. NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, March 20, 1995 Mayor Zaun adjourned the meeting to an Executive Session of the City Council at 10:40 p. m. Respectfully submitted, i a Charlene Friedges, Cit Clerk Du ne Zaun, M