HomeMy WebLinkAbout09-19-94
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• CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 19, 1994
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 and
Mayor Zaun. Absent: Councilmember Harvey.
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. Gudmundson, Chief of Police; D. Morey, City Planner; J. Perron, Liquor
Manager; C. Friedges, City Clerk.
ITEM 5A
The City Council amended the agenda so that Item 5a, presentation of the
Medal of Honor to Lieutenant. Dave Bellows, could be made at this time.
• Police Chief Gudmundson introduced Lieutenant Dave Bellows, who is being
honored for his heroic action following an aircraft crash at the Airlake Airport
on June 17, 1994. Apre-recorded presents#ion of a certificate of appreciation
by the Dakota County Sheriff
s Department and the family of the deceased pilot
was shown. Dakota County Attorney James Backstrom presented a letter of
appreciation on behalf of the Minnesota .County Attorney's Association. Mayor
Zaun presented the Medal of Honor to Lieutenant Bellows on behalf of the City
of Lakeville.
MINUTES
The minutes of the September 6, 1994, City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: Mr. Erickson provided copies of a revised resolution for
• agenda item #10, and a letter from the attorney representing Kwik Trip, .item
#11.
CITY OF LAKEVlLLE COUNCIL MEETING.
SEPTEMBER 19, 1994
PAGE 2
CHIEF OF POLICE: Chief Gudmundson presented the August Police
Department monthly report.
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the August
Parks & Recreation Department monthly report.
ITEM 5B
Liquor Manager Judy Perron explained that, since 1984, the City of Lakeville
has been contributing 10°~ of its net operating income from the Liquor Fund to
School Districts #192, #194 and #196 for their chemical awareness education
programs. The 1994 contributions, based on 1993 operations, were as
follows:
!SD #192 (Farmington) $ 3,445
ISD #194 (Lakeville) $17,539
ISD #196 {Rosemount) $ 7,217
Superintendent Carl Wahlstrom of ISD #194, and Don Brundage, Chemical
• Prevention Education Coordinator of ISD #196, were present to accept the
City's contribution.
ITEM 5C
Councilmember Sindt introduced, as past Board member of the League of
Minnesota Cities, a proclamation declaring Cities Week in Lakeville,
September 25 through October 2. Mayor Zaun -read the proclamation.
94.179 Motion was made by Sindt, seconded by Johnson to proclaim the week of
September 25 through October 2 as Cities Week in Lakeville.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill.
CITIZENS' COMMENTS None.
CONSENT AGENDA
At the request of Warren Isrealson, developer for the Golden Pond
subdivision, Councilmembers removed item 7s from the consent agenda
94.180 Motion was made by Johnson, seconded by Sindt to approve the consent
• agenda items as follows:
CITY Of LAKEVILLE COUNCIL MEETING
SEPTEMBER 19, 1994
PAGE 3
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a. Claims for payment.
b. Investment report.
c. Receive minutes of the following advisory committee meetings:
Planning Commission, September 8
Parks & Recreation Committee, September 7
Environmental Affairs Committee, September 6
Hunting Committee, August 31
d. Resolution No. 94-201 calling a public assessment hearing for street
improvements to the northeasterly segment of Cedar Avenue,
Improvement Project 89-1.
e. Resolution No, 94-202 calling a public assessment hearing for street
lights in the north Lake Marion area, Improvement Project 94-7.
f. Easement agreement with Clinton and Kathleen Zweber and Town &
Country Homes.
g. Change Order No. 3 to Barbarossa & Sons and a special assessment
agreement with Grist Mill for South Creek channel clean-out,
Improvement Project 92-18.
h. Joint Powers Agreement with the City. of Apple Valley for an emergency
water system connection.
i. Authorize installation of stop signs at 170th Street and Jaguar Avenue.
j. Resolution No. 94-203 amending the Cable TV Fund Budget.
k. Change orders for the .Police Station expansion and remodeling project.
I. Development Agreement with Century Refining,. Inc. for Tax Increment
Financing District No. 15.
m. Grant Agreement with People's Natural Gas for Tax Increment Financing
District No. 15, Century Refining, Inc.
n. Approve revisions to the City of Lakeville Emergency Operations Plan.
• o. Cigarette license for Twin Cities Stores, Inc., 7468-167th Street W.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 19, 1994
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p. Special Assessment. Agreement with. Julie A. Cuddigan, 16754 Kenwood
Trail
q. Approve 1995 Dakota County Community Landfill Abatement Funding
Application.
r. Resolutions No. 94-204,' 94-205 and 94-206 accepting donations from
Lakeville Coalition for Parks, Alcorn Beverage and Enggren's .Super Valu.
s. (Removed from consent agenda).
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson.
ITEM 7S
Mr. Isrealson thanked the City Council and staff for their cooperation and
flexibility in considering the revised preliminary plat of Golden Pond at the
September 6th Council meeting, which he was unable to attend.
. 94.181 Motion was made by Sindt, seconded by Mulvihill to approve the Development
Agreement and Alternate Security Agreement for the Golden Pond subdivision.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Johnson, Zaun.
ITEMS 8-9
Dennis Feller introduced Mr. Ron Langness of Springsted, Inc., who presented
a resolution authorizing the issuance and sale of $5,505,000 General
Obligation Temporary Improvement Bonds, Series 1994A, and a resolution
authorizing the issuance and sale of $3,675,000 General Obligation Park
Bonds, Series 1994B. The improvement bonds are anticipated to bear a 4.5%
interest rate; and the park bonds are expected to bear a 5.993% interest rate.
Mr. Feller explained that the park bond market conditions are slightly higher
than what #hey were last spring, which will amount to approximately $1.60 per
$100,000 home valuation.
Mr. Erickson stated Moody's Investors will be in Lakeville on September 30th
to view the community, and City staff will make a presentation to Moody's in an
effort to obtain an improved ("A" to "A-1") bond rating for the City.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 19, 1994
PAGE 5
94.182. Motion was made by Johnson, seconded by Mulvihill to approve Resolution
No. 94-207 authorizing the issuance and sale of $5,505,000 General
Obligation Temporary Improvement Bonds, Series 1994A.
Roll call was taken on the motion. Ayes, Mulvihill, Johnson, Zaun, Sind#.
94.183 Motion was made by Mul ihill, seconded by Sindt to approve Resolution No.
94-208 authorizing he issuance and sale of $3,675,000 General Obligation
Park Bonds, Series 19948.
Roll call was taken on the motion.. Ayes, .Johnson, Zaun, Sindt, Mulvihill.
ITEM 10
Mr. Jeff Hultgren, President of Freeborn Mower Limited, requested Council
approval of the final plat of Crystal Lake Country Club.
Mr. Sobota presented the final plat of Crystal Lake Country Club, which is a
replat of the golf course portion of the Crystal Lake Golf Estates PUD. He
• explained that the replatting was required by the PUD agreement and
establishes permanent easements for storm water ponds. and utilities within the
320 acre PUD. This represents the final planning action necessary for the golf
course and housing development.
Mr. Sobota stated this final plat does not require a comprehensive plan
amendment, and the resolution has been revised accordingly.
Councilmember Johnson asked what methods golf courses use to control the
levels of pesticides and fertilizers. Mr. Sobota stated Golf Enterprises,. the
company hired to manage the golf course, is in the process of .putting the final
plan together for the management of pesticides and chemicals used on the golf
course. The Environmental Affairs Committee requested this plan be
completed, and staff expects to have the final plan by Friday of this week. The
.plan will be forwarded o the Environmental Affairs Committee for their review.
94.184 Motion was made by Mulvihill, seconded by Johnson to approve Resolution
No. 94-209 approving the final plat of Crystal Lake Country Club.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 19, 1994.
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ITEM 11
Mr. Erickson presented a letter from the Larkin., Hoffman, Daly law office,
representing Kwik Trip, Inc., confirming Kwik Trip's agreement to table its
pending application for the development of a convenience store and gas
station on Outlot D, Shady Oak Shores Sixth Addition. He explained that Kwik
Trip applied for a rezoning and conditional use permit for a gas station on
Outlot_ D. The-Planning Commission adopted. findings of fact for denial ofi the
conditional use permit to allow a convenience store with gasoline sales, which
were prepared by the City Attorney. He stated the City would, however,
support a conditional use permit for a convenience store with gasoline sales on
the commercial property, (Outlot C), located immediately to the south of Outlot
D.
Mr. Erickson went on to explain that he and City Attorney Roger Knutson met
with the attorney representing Kwik Trip and a representative of the property
owner, Tom Loucks, and offered an alternative for the construction of the Kwik
Trip convenience store and gas station on Outlot C. (See letter dated
September 19, 1994).. He explained that Kwik Trip's agreement to table its
pending application is conditioned upon the City's fast-track consideration of
their revised application. He stated the new application would be considered
by the Planning Commission at its October fith meeting, and he suggested the
Council consider setting a special meeting on October 10th for final
consideration.
94.185 Motion was made by Sindt, seconded by Mulvihill to table consideration of an
application from Kwik Trip, Inc. for B-4 zoning and a conditional use permit for
a convenience store .and gas station on Outlo# D, Shady Oak Shores Sixth
Addition., and set a special Council meeting for October 11, 1994 at 7:00 p. m.
to consider a request from Kwik Trip for B-4 zoning and a conditional use
permit for a motor fuel/convenience store on Outlot C, Shady Oak Shores Sixth
Addition.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Johnson, Zaun.
ITEM 12
Mr. Sobota presented the application of Stampings of Minnesota for a
conditional use permit to allow a loading berth at the front ofi the existing and
proposed expansion of the Stampings of Minneso#a building, located at 21337
Hemlock Avenue. He explained that the loading berth will be constructed as
• part of a planned 20,000 square foot addition for manufacturing and
warehouse space onto the existing 40,800 square foot building. Stampings of
CITY OF LAKEVILLE COUNCIL MEETING
- SEPTEMBER 19, 1994
PAGE 7
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Minnesota has agreed to dedicate aten-foot wide drainage and utility
easement around the perimeter. of the property and an additional seven feet of
right-of-way for the#uture widening. of Hamburg Avenue. Staff recommends
approval
94.186 Motion was made by Johnson, seconded by Sindt to receive the Planning.
Commission's findings of fact and grant a conditional use permit to Stampings
of Minnesota to al-low the construction of a loading berth in the front of their
building located at 21337 Hemlock Avenue.
Roll call was taken on the motion. Ayes,. Mulvihill, Johnson, Zaun, Sindt.
ITEM 13
Mr. Carl Tollefson, representing Tollefson Development, Inc., requested.
Council approval of the preliminary and final plat of Greenwood Estates, which
consists of 58 single family residential lots on the south side of 165th Street,
west of Ipava Avenue. He stated he has worked with Gity staff in the layouf of
the plat, recognizing the environmental sensitivity of the area He explained
. that the staff and Planning Commission have made several changes regarding
street access, and he is in agreement with all the suggested changes.
Mr. Morey presented the proposed preliminary and final plat of Greenwood
Estates, which is zoned R-2, single family residential district. He explained
that the developer is proposing to custom grade 18 lots lying south of the
wooded ridge, and is proposing to save 74% of the significant trees within the
plat boundaries. He stated the design features of the plat are very sensitive to
the environment, pointing out that the average lot size of the 24 lots that abut
the wooded ridge is 3/4 of an acre.
Island Terrace will be stubbed at the south plat boundary abutting the adjacent
Tom Ryan property. The proposed location of Island Terrace is approximately
due north of the existing Island Terrace street stub in Lynwood North 3rd
Addition to allow for the fu#ure completion of this local street. The developer
will install a street barricade at the south end of Island Terrace until it is
extended to the south when the Ryan property is developed. The developer is
also proposing to install a significant amount of landscaping on the north side
of 165th Street.
Mr. Morey showed a concept plan. prepared by Freeborn Mower for The
Boulders proposal, which shows a possible street layout for-the undeveloped
• properties. This would include the connection of streets which would complete
the street network in that area of the City.
CITY OF I.AKEVILLE COUNCIL MEETING
SEPTEMBER 19, 4994
PAGE 8
Councilmember Johnson asked Mr. Morey to review the City's current policy
for cul-de-sacs. Mr. Morey stated the ordinance allows cul-de-sacs on streets
where_ the environment would dictate it. In this development, given the wooded
ridge, the topography would warrant a cul-de-sac at the top of the ridge.
Mr. Tom; Ryan, adjacent .property .owner, stated he objects to the. proposed
Island Terrace street connection, stating he has no plans to develop his
property and has no .need fior the street connection. He stated he felt this
street connection would eliminate. many of the trees on his property.
Mr. Morey explained that. staff
s position is that the street network in that. area
of the City must be completed. The NAC concept, The Boulders concept and
the Ryan concept are simply proposals, at this time, of how the street network
could be completed. Topography will be taken into consideration when the
street connection is actually made.
Mr. Erickson explained that it is the City's obligation to assure that street
connections are made available. He stated, "The most important thing to do is
to leave the maximum flexibility for Mr. Ryan, his heirs and successors, in the
interest of good planning, and if not all the connections are needed, they will
be modified and used as trail connections, vacated, or used for whatever
purpose would serve the ultimate design of his property".
Councilmember Johnson stated he felt this development, which is in its final
stage, has met all of the City's ordinance requirements. He stated he
understood Mr. Ryan's position; however, he felt that tree damage has been
minimized, and he could not find fault with the design of the plat.
Councilmember Mulvihill agreed with Councilmember Johnson and stated she
felt City staff will work closely with a developer in an effort to save as many
trees as possible when Mr. Ryan's property develops in the future.
Mr. Morey-stated a minor modification must be made to the plat as a condition
of approval.. That change involves the City's policy regarding monument
signage being under the control (maintenance) of a homeowners association.
He explained that the developer must create a small, triangular shaped outlot
whereby the signage and proposed fencing would be constructed. This will not
change the legal status of the lots in terms of meeting requirements for lot area
and width.
• 94.187 Motion was made by Johnson, seconded by $indt to approve Resolution No.
94-210 approving the preliminary and final plat of Greenwood Estates, with the
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 19,1994
PAGE 9
condition that the developer create a triangular shaped outlot at the northeast
corner of Lot 9, Block 1, and the northwest corner of Lot 1, Block 4, for
placement of the monument sign.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill
ITEM 14
Mr. Morey presented the application of Henry and Florence Lau for the
preliminary and final plat of Lau Addition and a variance for lot area and iot
width. He explained that the Laus own three parcels on 168th Street north of
Orchard Lake; two of the parcels are in the Sea Girt plat, and one parcel has a
metes and bounds description. There is an existing house located on the two
Sea Girt parcels, which encroaches into the metes and bounds description
parcel. In an effort to eliminate the encroachment and clean up the legal
descriptions, the Laus went to Dakota County in an attempt to combine their
property into two lots. However, Dakota County only allows the combination of
platted and metes and bounds description .parcels through a formal platting
procedure.
Mr. Morey explained that since the September 8th Planning Commission
meeting, staff has researched the 1967/68 minutes and found that a variance
was granted in 1967 to allow the construction of a house on Lot 1, Block 2.
Therefore, the existing building setbacks are conforming. Staff recommends
approval of the preliminary and final plat of Lau Addition and variance for lot
area and lot width.
Mayor Zaun indicated that a condition of the variance includes relocation of the
existing non-conforming shed located on Lot 1, Block 2.
94.188 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No.
94-211 approving the preliminary and final plat of Lau Addition, and approve a
variance for lot area and lot width for the Lau Addition.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson.
ITEM 15
94.189 Motion was made by Mulvihill, seconded by Sindt to set a City Council budget
work session following the special Council meeting on Tuesday, October 11th,
and set another budget work session for Tuesday, November 15th, at 7:00
• p.m.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 19, 1994.
PAGE 10
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Johnson, Zaun.
UNFINISHED BUSINESS None.
NEW BUSINESS Councilmember Mulvihill stated the Lakeville Life & Times is
not being delivered to the northeast corner of the City. Joni Hubred, Managing
Editor of the Life & Times, will follow up.
ANNOUNCEMENTS. Next regular Council meeting, October 3rd
Special Council meeting/work session., October 11th
Mayor Zaun adjourned the meeting at 9:10 p.m.
Respectfully submitted,
Charlene Friedges, ty Clerk
Duane Zaun, M r
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