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HomeMy WebLinkAbout05-16-94 ;r CITY OF LAI4EVILLE COUNCIL MEETING MAY 16, 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 Sindt, Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember Johnson. 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; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. MINUTES The minutes of the May 2nd regular .Council meeting and the May 2nd special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY:. Mr. Knutson asked the Council to consider removing item 7h from the consent agenda so that he can provide some additional information. ENGINEER: None. ADMINISTRATOR: Mr. Erickson stated the purchase agreement with VFW Post 210. (item #7r) has been signed by VFW officials. He also stated staff has distributed three resolutions adopting assessments for the Cedar Avenue improvement project, {agenda item #8). Councilmember Johnson arrived; 7:05 p. m. CHIEF OF POLICE: Chief Gudmundson presented the April Police Department monthly report. PARKS & RECREATION. DIRECTOR: Mr. Michaud presented the April Parks & Recreation Department monthly report. r PRESENTATIONS/INTRODUCTIONS CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1994 PAGE 2 • .Carl Rice, Street Superintendent, introduced Douglas Aldrich, Service Technician, Street Maintenance IL Chief Gudmundson introduced Lieutenant Bellows and Officer Manias, who presented the Minnesota Safety Council Meritorious Achievement Award. They explained that the award was presented to the Lakeville Police Department in recognition of outstanding accident prevention performance and traffic safety in 1993. District -Fire Chief AI Braun presented a plaque to Jason Cornell, a 42- year old Lakeville resident, for his courage in extinguishing a fire that prevented a single family residence from serious damage. CITIZENS' COMMENTS Gene and Dorene Rechtzigel, 19799 Juno Trail, requested the City Council to consider removing their land, located on the west side of Lake Marion, from the Park Bond Referendum Task Force park acquisition area. 94.88 Motion was made by Harvey, seconded by Sindt to receive the letter from Gene and Dorene Rechtzigel dated May 11, 1994, and place the matter under New Business for discussion. Roli call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. CONSENT AGENDA Councilmembers removed Item 7h from the consent agenda. 94.89 Motion was made by Johnson, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Investment report. c. Receive minutes of the following advisory committee meetings: Park Bond Referendum Task Force, April 28 Cable TV Board, April 26 Parks & Recreation Committee, May 4th CITY OF Ir4KEVILLE COUNCIL MEETING MAY 16, 1994 PAGE 3 Environmental Affairs Committee, May 3rd Planning Commission, May 5th d. Resolution No. 94-96 appointing election. judges for the June 28th special election. e. Approve change orders for police station expansion/remodeling project. f. Resolutions No. 94-97 and 94-98 accepting donations to the DARE program from Lakeville Women of Today and Lakeville Lions. g. Resolution No. 94-99 accepting donation to the Fire Department from Ardmor Village. h. (Removed from the consent agenda}. i. Receive the 1993 Fire Department Relief Association Annual Financial Report. j. Authorize submittal of 1994/95 snowmobile and. cross country ski trail grant-in-aid applications. k. Receive bids and approve Resolution No. 94-101 awarding contract for Hamburg Avenue and Dodd Boulevard culvert replacement, Improvement Project 92-18. I. Receive bids and approve Resolution No. 94-102 awarding contract for Lake Marion outlet, Improvement Project 93-7. m. Authorize Short, Elliott, .Hendrickson, Inc. to prepare pavement evaluation for sealcoating of District 2A. n. Approve agreement with.. Charles W. Jones and Robert W. Jones for construction of a fence at 8610-202nd Street W. o. Approve Purchase. Agreement with Dakota County H.R.A. for the Winsor .Plaza expansion project. p. Resolution No. 94-103 giving preliminary. approval to the issuance of revenue bonds up to $15 million pursuant to Minnesota Statutes, Sections 469.152-469.165, on behalf of Lakeville Premoulded Paper Company. CITY OF LAKEVILLE COUNCIL MEETING MAY 1 fi, 1994 PAGE 4 • q. Authorize Tushie Montgomery, Inc. to provide professional services for the public works garage roof replacement and structural repairs. r. Approve Purchase Agreement with VFW Post 210. s. Resolution No. 94-104 approving plans and specifications and authorizing advertisement for-bids for the construction of Well No. 9, Improvement Project 94-fi. t. Ordinance No. 524 amending Title 7 of the. City Code concerning hours parks are open to the public. u. Authorize submittal of 1994 oak wilt suppression grant application. Roll call was taken on the motion. Ayes,. Zaun, Sindt, Mulvihill,. Harvey, Johnson. ITEM 7H • Mr. Knutson stated the apparent low bidder, Nine One One, Inc. is working on finalizing the language for the contract. Mr. Knutson recommended the Council award the contract to Nine One One, Inc.., subject to the contract meeting the requirements of the plans and specifications and approval of the City Attorney. 94.90 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 94-100 awarding contract for the. E-911 telephone system, subject to the contract meeting the requirements of the plans and specifications and approval of the City Attorney. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 8 Mayor .Zaun opened the public assessment hearing for street assessments to the southwest segment of Cedar Avenue, Improvement Project 89-1, 7:35 p.m. The City Clerk attested to legal notices being duly published and mailed. The City Engineer presented the proposed assessments for property along the southwest segment of Cedar Avenue. Mr. Nelson explained CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1994 PAGE 5 • that pending assessments for the Cedar Avenue/Dodd Boulevard area were based on residential rates, since the property is zoned R-A and R-1. Subsequently, a concept plan for commercial development was prepared for this intersection, and several property owners. used this study to support commercial land use as the .highest and best use of their property. Accordingly, tall is proposing to assess the commercial rate, rather than the residential rate. Mr. Nelson went on to explain that because Mr. Hoysler and Mr. Johnson objected to the commercial rate being assessed, an agreement was reached that would allow the property to be assessed the residential rate now, and the difference between the commercial and residential rate would be deferred with interest until the property is developed. in the future. Mr. Fisher's property would also be assessed the residential rate, and the difference between the residential and commercial rate on his property would be deferred without interest until the property is developed. There were no questions or comments from the audience. 94.91 Motion was made by Harvey, seconded by Sindt to close the public hearing; 7:45 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. 94.92 Motion was made by Sindt, seconded by Harvey to adopt Resolutions No. 94-105, 94-106 and 94-107 adopting assessments for Improvement Project 89-1, highway construction on Cedar Avenue, 160th Street West and Dodd Boulevard.. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun,. Sindt, Mulvihill. ITEM 9 Kevin Kohorst of Sands Company requested Council consideration of part ` of the financing. for the Lakeville Court Apartment project, .which consists of 52 units of rental housing on the east side of Dodd Boulevard just south of Trunk Highway 50. He explained that the request is for low income housing tax credits, which are allocated by the Dakota County Housing a and Redevelopment Authority (HRA), and utilizing tax increment financing to provide an interest reduction program by the Dakota County HRA. CITY OF LAKEVILLE COUNCIL. MEETING MAY 16, 1.994 PAGE 6 • Mr. Kohorst stated a neighborhood meeting was held with the adjacent property owners, who were supportive. of the .project. The project will include trees and fencing to buffer the adjacent neighborhood, and the only access will be on Dodd Boulevard. Mr. Sobota stated the Council is being asked to support the low income housing tax- credit application by Sand Companies, Inc. and .adopt the resolution approving the establishment of an .interest reduction program. He pointed out that the 6.2 acre parcel is zoned R-7, and the density of the .proposed project is about one-half of what the current zoning would allow. 94.93 Motion .was made by Sindt, seconded by Mulvihill to support the low income housing tax credit application for Sand Companies, Inc. Roll call was taken on the motion. Ayes,. Johnson, Zaun, Sindt, Mulvihill, Harvey. 94.94 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No, 94-108 approving the establishment in Lakeville by the Dakota County Housing and Redevelopment Authority of an interest reduction program. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. Mayor Zaun recessed the meeting at 8:05 and reconvened at 8:10 p.m. ITEM 10 Mr. John Peterson of Plymouth Land, Inc. requested Council approval of the preliminary and finalplat of Creek View.Estates, .which consists of 25 single family residential lots- located east of Highview Avenue and north of 168th Street. Mr. Morey presented the plat of Creek View Estates, which will follow the new platting guidelines. A 4.3 acre wetland is located entirely within Outlot B, and will not be disturbed by this development. The developer is deeding Outlot B to the City and is dedicating a 16.5 foot drainage and utility easement west of the wetland along the rear of lots. 7-12, Block 1. • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1994 PAGE 7 • The Planning Commission held a public hearing on the preliminary and final plat and recommended approval with. modifications to three stipulations, which have been incorporated into the development contract. The Environmental Affairs Committee recommended that a temporary sedimentation basin be constructed on Lot A, Block 1, and remain in place until. 75% of the homes are constructed. Staff :recommends approval Councilmember Harvey asked if any footings will be on fill. The City Engineer stated there is no proposed fill under footings. 94.95 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 94-109 approving the preliminary and final plat of Creek View Estates. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 11 • Mr. Ralph Wagner, representing GRQ Development, Inc., requested Council approval of the final plat of Country Pond South 7th Addition, which consists of 54 single family lots located west of Flagstaff Avenue and south of Dodd Boulevard. Mr. Morey presented the final plat of Country Pond South 7th Addition, which represents the final phase of development of the 212 lot preliminary plat.. The development is zoned R-2. Outlot A, which contains a large part of the undisturbed portion of the wetland and a portion of the sidewalk/trail system, is being deeded to the City. The remaining undisturbed portion of the wetland is located within a drainage and utility easement in the rear of Lots 3-20, Block 3. The developer is dedicating. a conservation easement to the .City over this. portion of the wetland area, -and will. .install signage on adjacent lot fines identifying the wetland/conservation area. A permit.. has been obtained from the Army Corps of Engineers for wetland filling and mitigation. Councilmember Harvey raised a concern regarding the emergency overflow on French Avenue (Lots 13-14, Block 3). Mr. Nelson explained that the emergency overflow is at an elevation of • 957.2, while the ground elevation. is higher at 957.5. He further explained that the lowest floor elevation in that area is 956, and the corner of the CITY OF LAKEVILLE COUNCIL MEETING MAY 46, 1994 PAGE 8 i lot,. at the intersection, is 954.1. Therefore, the surface water will flow around the house. Councilmember Harvey asked how many footings will be on fill. Mr. Nelson stated the majority of the lots adjacent to the pond will be on four to six feet of compacted fill 94.96 Motion was made by Sindt, seconded by Johnson to approve Resolution No. 94-110 approving the final plat of Country Pond South 7th Addition. Roll call was taken on the motion. Ayes, Mulvihill, Johnson, Zaun, Sindt. Nays, Harvey. Councilmember Harvey was concerned about the floor elevations versus the. emergency overflow, as well as the footings that are being placed on fill ITEM 42 Mr. Jeff Hultgren of Freeborn-Mower, Ltd., requested Council approval of • the final plat of Crystal Lake Club House, which consists of one lot located on the south side of Innsbrook Drive, east of Ipava Avenue. Mr. Sobota stated the Crystal Lake Club House represents the next to last area to be platted in conjunction with the Crystal Lake Golf Estates PUD approved in 1991. The Planning Commission held a public hearing on the final plat and unanimously recomrnended approval. Staff recommends approval. Councilmember Sindt asked if the clubhouse is handicapped accessible. Mr. Sobota stated the upper level of the. club house will meet all ADA requirements. 94.97 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 94-111 approving the final plat of Crystal Lake Club House. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill ITEM 13 94.98 Motion was made by Harvey, seconded by Sindt to set a joint meeting . with the City of Farmington on June 14th, 5:30 p.m., at the Environmental Learning Center at Ritter Farm park. CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1994 PAGE 9 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS The City Counci considered the request of Gene and Dorene Rechtzigel to remove their land from the task force park .acquisition area. Councilmember Mulvihill stated she felt it is premature at this time for the Council to act on this .request until after the park bond issue is voted on. It was explained to the Rechtzigel's that they could be allowed to remain on the property for the rest of their life (life estate), with the understanding that the property, at that time, would revert to public use as a park. Mayon Zaun assured them that the City Council has no intentions of taking over their property in a hostile manner. ANNQUNCEMENTS Next regular Council meeting, June 6, 1994. Mayor Zaun adjourned the meeting at 9:00 p.m. Respectfully submitted, G Charlene Friedges, y Clerk Duane Zaun, Ma o