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CITY OF LAKEVILLE CQUNCIL MEETING
JULY 6, 1993
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 Ruhmann, Sindt, Mulvihill,
Harvey and Mayor Zaun.
Also present: B. Erickson, City Administrator; R. Knutson, City Attorney;. K.
Nelson, .City Engineer; D. Feller, Finance. Director; M. Sobota, Community
Economic Development Director; S. Michaud, .Parks & Recreation Director; D.
Gudmundson, Chief of Police; F. Dempsey, Associate Planner; J. Perron, Liquor
Manager; C. Friedges, City Clerk.
MINUTES
The 'minutes of the June 21, 1993, City Council meeting .were approved as
presented.
STAFF ANNOUNCEMENTS
ATTORNEY: Nane.
ENGINEER: None.
ADMINISTRATOR: Mr. Erickson requested the opportunity, under New Business,
to provide an update on the City's recent flooding problems.
PRESENTATIONS/INTRODUCTIONS
Mayor Zaun presented an Award of Merit to Lea Guenther, Communications
Assistant, and Charlene Friedges, City Clerk, for their entry, "1992 Election
Promotion" in the Minnesota Association of Government Communicators Northern
Lights competition. A Certificate of Achievement from the Secretary of
State's office for voter .turnout in the 1992 General Election. was also
presented.
Police Chief Gudmundson introduced John Carlson, who was recently promoted to
the position of Community Public Safety Officer.
..Judy Perron, Liquor Manager, introduced Terry Swanson, who was recently
promoted to the position of Head Sales Clerk/Cashier.
Steve Michaud introduced. Parks & Recreation Department summer interns Cheryl
Kleindl and Todd Doncavage.
CI'T'IZENS' COMMENTS
Mr. Morel Helkenn, 17805 Junelle Path, raised a concern regarding the
sidewalk along 175th Street, which ends at Joplin Avenue. He felt the lack
of a sidewalk to the Tom Thumb store creates a safety hazard when sidewalk
users enter the street.
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CITY OF LAKEVILLE COUNCIL MEETING
JULY 6,.1993
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Mr. Louie Helkenn, 10634 173rd Street, informed the Council that an Adopt-a-
Highway .sign blocks the view of a stop sign an Dodd Boulevard,. which was
recently installed because... of the Trunk .Highway 50 detour.. Staff will
address the matter.
CONSENT AGENDA
Councilmembers removed item 71, resolution awarding contract for the Quigley
Sime athletic complex and Hypointe Crossing park improvements,. from the
consent agenda.
93.192 Motion was made by Harvey, seconded by Mulvihill to approve the consent
agenda items as follows:
a. Approve claims for payment.
b, Receive minutes of the following advisory committee meetings:
Planning Commission, June 17,1993
Parks & Recreation Committee, June 16,1993
Environmental Affairs Committee, June 15, 1993
c. Receive 1992 City of Lakeville .financial report.
• d. Receive 1992 Fire Relief Association financial report.
e. Resolution No. 93-141 approving amendments to the Fire Relief By-Laws.
f. Resolution No. 93-133 authorizing a "No Passing" zone on County Road 46.
g. Resolutian No. 93-134 authorizing. the installation of "No Parking" signs
in Niakwa Village IL
h. Authorize Orr-Schelen-Mayeron and Assoc.. to prepare plans :and
specifications for scheduled maintenance of Well and Pumps #3 and #4.
i. Resolution No. 93-135. approving agreement with MnDOT and Dakota County
for the installation of a traffic. signal at T.H. 50 and Dodd Boulevard
(CSAH 9).
j. Resolution No. 93-136 authorizing the sale of a City vehicle.
k. .Acceptance of Parkview/Cedar Highlands park improvements, Project 92-14,
and approve final payment to Friedges Landscaping.
1. (Removed from consent agenda).
m. Resolution No. 93-138. vacating a portion of an existing sewer easement
north of 208th Street and east of Lower 208th Street.
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CITY OF LAKEVILLE COUNCIL MEETING
JULY 6,1993
PAGE 3
n. Change Order No. 1 with Northwest Asphalt, Inc. for 164th Street West,
Improvement Project 92-9, and extension of time for completion of the
project.
o. Receive letter from Joyce D. and Roselyn R. Wilson regarding. watershed
problems in the Orchard Lake area.
p. Resolution No. 93-139 renaming .Jackson Circle in the Lynwood North.
Addition to Jackson Traii.
q. Acceptance of Aronson Park lighting project and approve final payment to
Berg Electric.
Roll call was taken on the. motion. Ayes, Ruhmann, Zaun, Sindt, .Mulvihill,
Harvey.
ITEM ?L
Mr. Michaud. presented the bid received from Friedges Landscaping for .the
Quigley Sime youth athletic complex and Hypointe Crossing neighborhood park.
He stated the bid was reviewed in detail and was found to be competitive.
Mr. Michaud explained that due to the tremendous demand for the Quigley. Sime
athletic fields being available for play in 1994, Add Alternate B-2 was
included in the specifications for sodding of the outfields as opposed to
..seeding. Since the current weather patterns are not conducive for seeding,
staff is requesting the Council consider sodding two of the four outfields.
This would guarantee availability of at least two fields for the 1994. youth.
baseball season. The bid amount for Add Alternate B-2' is $6,545 per field,
to be funded by the Park Improvement Fund.
Councilmember Harvey stated he supported the sodding of two fields: to
evaluate that approach against seeding.
93.193 Motion was made by Sindt, seconded by Harvey to receive the bid from Friedges
Landscaping for the Quigley Sime athletic complex/Hyponte Crossing
neighborhood park in the amount of $271,010.30, adding Alternate B-2 for
sodding two outfields at Quigley Sime athletic complex,. and approve.
Resolution No. 93-137 awarding the contract to Friedges Landscaping.
Roll .call was taken. on the motion. .Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 8
Mr. Dempsey. presented the. request of Margaret Buerke to rezone a six acre
parcel on .173rd Street, east of Junelle Path, from B-4, General Business
District, to R-2, Single Family Residential District. He explained that the
property currently contains anon-conforming single family dwelling. The
Dakota County Assessor has. a commercial value placed on the property, which
i is significantly higher .than residentially zoned property. The property. is
CITY 4F LAKEVILLE COUNCIL MEETING
JULY 6,1993..
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surrounded an three sides by R-2, single family, zoning. Staff feels that
market demand for B-4 use of the properttyy is significantly diminished due to
the proximity of wetlands. on the property. 't'he Planning. Commission and City
staff agree that the highest and best use of the property is low density
residential.
Mayor Zaun asked what .the. staff and Planning Commission used as justification
to change the zoning to R-2. He .also asked if the property owner would
receive an additional tax. break far the portion of the property that is in
the wetland and cannot be developed.
Mr. Dempsey stated that based an the physical characteristics of the
property, most importantly the wetlands, it is highly unlikely that any
filling can be done to accommodate a commercial development. a explained
that the wetland area could be obtained by the City as an outlot when the
property develops. He .stated the property is, .and will continue to be,
valued as a six-acre parcel.
Mr. Erickson stated the. Planning Commission looked at the rezoning. request
from a pure land use aspect and felt that a .residential use is the most
appropriate at this time.
Mr. Louie Helkenn, 10634 173rd Street W., stated he is opposed to the
• rezoning, because he feels that if the Buerke property develops and 173rd
Street is improved with blacktop, curb and gutter, his property will be
assessed for those improvements.
Staff responded that if the property were to develop, the developer would be
responsible, under current City policy, to provide public improvements to
serve that property.
Councilmember Harvey stated he felt that if the property develops, a street
connection could be made without the need to improve the street in front of
Mr. Helkenn's home.
Leslee Marrinan, representing Mrs. Buerke, stated that the primary reason for
the rezoning request was to reduce Mrs. Buerke's taxes and establish the
highest and best use of the property as residential.
Mayor Zaun .asked about the history of rezoning commercial property. to a
residential use. Mr. Erickson stated in each case where commercial land was
rezoned to a residential use, the. areas. were environmentally sensitive and
unlikely to develop as commercial property. Mayor Zaun suggested that staff
evaluate the amount of environmentally sensitive areas that are .currently
zoned, but are not suitable, for commercial development to assure that there
is replacement land for commercial use..
93.194 Motion was made by Sindt, seconded by Harvey to receive the Planning
Commission's findings of fact and adopt Ordinance No. 505 rezoning Lot 2 of
Argonne Farms from B-4, General Business District, to R-2, Single Family
Residential District.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 6,1993
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Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey,. Ruhmann,
Zaun.
93.195 Motion was made by Mulvihill, .seconded by Sindt to direct the City's planning
consultant to .determine if there are other environmentally sensitive
commercial .zoned districts, and identify any residentially zoned sites that
should. be rezoned to commercial.
Roll. call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
ITEM S
Mr. Roger Derrick,. representing Bridlewilde Joint Venture, requested Council.
approval of the final plat of Shady Oak .Shores 6th Addition, consisting of 44
single family residential lots located west of Cedar Avenue and north of Dodd
Boulevard.
Mr, Sobota explained that the submitted plans include a concept to provide
for the future realignment of Lower 173rd Street through the remaining
undeveloped portion of the Shady Oak Shores :preliminary plat and the
undeveloped land to the south. This realignment will result in the loss of
• four residential lots, but a gain of commercial property. Mr. Sobota
explained that future development phases are identified as Outlots A-D.
Outlot A represents the. single family residential portion, Outlots B and C
..represent the two. future commercial lots, and Outlot D represents the future
alignment of Lower 173rd Street, which will be deeded to the City. He stated
the developer has cooperated with the City to improve the. traffic circulation
between the residential and future commercial areas.
Councilmember Sindt asked about concerns raised by the Environmental Affairs
Committee regarding soil conditions in the .area. Mr. Jeff Shopek, the
developer's engineer, responded. to .concerns regarding the high water table
and explained that the developer is providing an extensive drain. the system..
Councilrnember Harvey raised a concern regarding a provision in the
development contract whereby the City waives. $99,109 in area charges. He
stated he felt there is no justification for the lass of profit on the
construction of four homes, totaling $56,160. He stated he felt the time,
materials and staff not working on these four houses. will be free to work on
four houses somewhere else. Therefore, he could not support the development
contract as written.
93.196 Motion was made by Sindt, seconded byy Mulvihill to approve Resolution No.
93-140 approving the final plat of Shady Oak Shores 6th Addition.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill.
Nay, Harvey. Counclmember Harvey did not support the $56,160 relief to the
• developer for loss of profit on the construction of four homes.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 6, 1993
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UNFfNISHED BUSINESS Counc~rnemberHarveyprovided a status update on a
recent meeting regarding the construction of a third lane on 1-35 from
Burnsville to I-494.
NEW BUSINESS
On behalf of the Dakota County Administrators and Managers Group, Mr.
Erickson requested the City Council consider appointment of an elected
official to participate in the proposed establishment of a Dakota County
league of governments. The league of governments would. consist of elected
and appointed officials from each municipality in Dakota County and would be
perceived as a unified voice which can focus on various county-wide issues.
93.197 Motion was made by Sindt, seconded by Ruhmann to appoint Councilmember Harvey
as the representative and Councilmember Mulvihill as the alternate on the
proposed Dakota County league of governments.
Roll. call was taken on the motion. Ayes,. Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
Mr. Erickson provided an overview of the City's current flooding. problems and
talked about sand bagging, re-building of roads, wind damage to trees and
• homes and the City's outdoor siren warning system. Mr. Nelson provided an
update on the current level of Lake Marion and efforts that are -being pursued
to lower the lake level.
ANNOUNCEMENTS
Council work session, July 13,1993
Next regular Council meeting, July 19,1993
Mayor Zaun adjourned the meeting at 9:25 p.m.
Respectfully submitted,
i
Charlene Friedges, City rk
G~-c.~
uane Zaun, ox
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