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HomeMy WebLinkAbout08-17-92 vl CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17,1992 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, Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember Sindt. Also present: R. Erickson, City Administrator; R. Knutson, City Attorney; 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, Assistant Community & Economic Development Director; C. Friedges, City Clerk. MINUTES The minutes of the August 3, 1992, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson asked the Council to consider Change Order No. 1 for the Antlers Park Lagoon Project, Consent Agenda Item 7i. He also asked • the Council to consider, under New Business, calling a special Council meeting for the .purpose of receiving .the 1993/94 prehmmary budget and certifying to the County Auditor the preliminary tax levy. Chief of Police: Chief Gudmundson presented the July monthly Police Department Report. Parks & Recreation Director: Mr. Michaud presented the July monthly Parks & Recreation Department report. PRESENTATIONS/INTRODUCTIONS Mayor Zaun recognized. three boy scouts in attendance who are observing the Council meeting to earn their merit badges. CITIZENS COMMENTS 92.187 Motion was made by Harvey, seconded by Ruhmann to receive a letter dated July 23, 2992, from Tom Unstad concerning the re-naming of .Jacksonville Court in Lynwood North 6th Addition. (Letter on file in the City Clerk's office Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. Mr. Robert Hoff, 9785 Oak Shore Drive, stated he was recently informed of a proposed new design for the service road at County Road 46 and I-35. He indicated the new road would run directly through his property and building, and he was strongly opposed. t t ' CITY OF LAKEVILLE COUNCIL.MEETING AUGUST 17,1992 PAGE 2 Mr. Erickson informed Mr. Hoff that the designed alignment of the service road has not been finalized and staff will meet with him. and Dakota County Highway officials to address his concerns. 92.188 Motion was made by Harvey, seconded by Mulvihill to receive the letter from Robert E. Hoff dated August 10,1992. Roll call was taken on the motion. Ayes, Zaun,.Mulvihill,. Harvey, Ruhmann. Ms. Rita .Freeberg, 13833 Echo Park Court, Burnsville, stated. she recently purchased a lot in the Daniels 2nd Addition and has been unable to obtain a building permit. Mr. Erickson explained that the developer, Mr. Lance Johnson, has not met all of the requirements of his development contract for Daniels 2nd Addition. The City has released building permits on those lots that are not to be custom graded. He explained that the City is trying to protect the property owners from building homes on lots with potential draina~e problems. He stated the City Attorney hopes to meet with Mr. Johnson s attorney in the next couple of days in an attempt to resolve this matter. - CONSENTAGENDA Councilmembers removed Item 7i, award of contract for the Antlers Park Lagoon project, from the consent agenda. 92.189 Motion was made by Mulvihill,. seconded by Harvey to approve the consent agenda items as follows: a. Approve claims for. payment. b. Receive July Investment Report. c. Receive minutes of the July 30th Joint Planning Commission/Environmental Affairs Committee; August 5th Parks & Recreation Committee and August 4th Environmental Affairs Committee. d. Approve cleaning contracts with Polished Brass .Cleaning Service and Osland .Building Maintenance, effective September 1, 1992 through February 28, 1993. e. Approve amended special assessment agreement with Norris J. and Linda Niccum. f. Resolution No. 92-132 calling a public hearing on the certification of delinquent utility accounts. g. Ordinance No. 468 amending Title 9 of the City Code concerning mandatory connection to public drain tile. CITY OF L,AI~EVILLE COUNCIL MEETING AUGUST 17,1992 PAGE 3 h. .Resolution No. 92-133 appointing election judges for the September 15th State Primary Election. i. (Removed from consent agenda} j. Approve Joint Powers Agreement with the Cities of Apple Valley, Farmington and Rosemount to contract with R.D. Pecan & Company, Inc. for the operation of a yard waste disposal facility. k. .Approve extension of time for LS.D. 194 to file the Lakeville .High School Addition plat. 1. Approve Supplement No. 2 to the existing Cooperative Agreement for the Dakota County Community Development Block Grant Program. m. Final acceptance of street improvements, Royal Woods 1st Addition. n. Resolution No. 92-135 accepting donation from the. Lakeville Jaycees to the Parks & Recreation Department. o. Resolution No. 92-136 authorizing assignment of development contract for Highview Heights 5th. Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7I Councilmember Harvey asked why the bids came in considerably higher than the consulting engineer's estimate on the Antlers Park Lagoon project. Mr. Rich Gray of TKDA stated the high bid was due to higher unit prices, the small scale of the project, and a tight construction schedule for Fall completion. Mr. Erickson stated the continuing change in the scope of the project also .contributed to the ,high bid, and Mr. Nelson pointed out that the lake level is several feet higher than it was when the project was ..initiated, and additional costs are involved for dewatering of the lagoon. 92.190 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 92-134 receiving: bids and awarding a contract to Ryan Contracting, Inc. and approve Change Order No. 1-for the Antlers Park Lagoon, Improvement Project 90-10. Roll call was taken on the motion.. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. ITEM 8 Mayor Zaun opened the public assessment hearing on Improvement Project 89-9, sanitary sewer, watermam and street improvements for the West Orchard Lake area (Judicial Road}. The City Clerk attested to legal notices being duly published and mailed. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17,1992 PAGE 4 Mr. Nelson provided an .overview of the project, which was initiated by a petition received from area residents on June 18, 1989. Mr. Nelson provided a chronology of events, which involved several neighborhood meetings. A video of the west Orchard Lake area, before construction and after completion of the project, was shown. Construction costs came o $1,054,508.19, with indirect. costs. of $532,723.08, for a total project cost of .$1,587,231.26.. The project is being assessed on a unit assessment basis.. There are 62.5 assessable units at $16,600 per unit. The City Attorney explained the procedure for those property owners who have appealed their assessments. He stated if the .Council members feel it is appropriate,. they will adopt the entire assessment roll and direct the. City Attorney to meet with property owners on an individual basis to review their appeals. Mr. Feller explained that the assessment roll will be certified to the County Auditor to be included on the property owners'. tax statements. The assessment will be spread over 20 years. Principal is collected in even payments over the 20 years, and 8.32% .interest _is charged on the unpaid glance. He stated property owners can pay all or a portion of their assessment with no interest within 30 days after the roll is adopted. 92.191 Motion was made by Harvey, seconded by Ruhmann to receive letters from the following property owners: Kate Kelsall, Conservator for Zylphia Pedley, 17342 Judicial Road; Brian and Jacquelyn Seemann,16870 Judicial Road;:Thomas D. Walz, 17355 Judicial Road; .Richard and Lisa Cecchini, 17140. Judicial Road; June E. Buck, 17280 Judicial Road; Jerry Volz and Jane Everson, Lots 35 and 36, Block 3, Liberty Heights and Outlot G; Ralph & Edna Trabant, Orchard Oaks Development; and. David and Patricia Lang, 17155 Judicial Road. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. Mayor Zaun opened the hearing to questions and comments from the audience. Ms. Pat Lang, 17155 Judicial Road, stated. a silt fence pile has not been removed by the contractor.. Mr. Nelson stated his staff will see to it that the silt fence is removed before the contract is closed out. Mr. Nate Buck, 17273 Judicial Road, stated he would .also like to see the silt fence removed. Mr. Tom Walz, 17355 Judicial Road, asked if the staff will meet with the property owners who have submitted letters of .appeal within the 30 day penod. Mr. Erickson indicated that most property owners have not submitted appeals, per se, but have raised- questions about the terms of their assessments. Therefore, he felt the City Attorney will have no problem meeting with all residents within the next 30 days. CITY DF LAKEVILLE COUNCIL MEETING AUGUST 17, .1992 . PAGES Mr. Brian Seemann, 16870 Judicial Road, provided a revised, more formal letter than what he previously submitted to the City Clerk. 92.192 Motion was made by Harvey, seconded by Mulvihill to receive the Notice of Objection to Proposed Assessment from Brian. and Jacquelyn Seemann dated August 16,1992. .Roll call was taken on the: motion.. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. 92.193 Motion was made by Harvey, seconded by Ruhmann to close the public hearing, 8:00 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. 92.194 Motion was made by Ruhmann, seconded by Harvey to approve Resolution No. 92-137 adopting assessment for Improvement Project 89-9, .sanitary sewer, watermain, storm sewer and street improvements for West :Orchard Lake (Judicial Road) area. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. TTEM 9 . Mr. Duane Dietrich, representing Rolling Oaks, Inc. requested Council approval of the preliminary and final plat of Rolling Knolls Plat Two, which consists of 28 single family residential. lots located. south of 165th Street and east of KenrickAvenue. Mr. Sobota explained that Rolling Knolls Plat Two is the eighth phase of development of the ten phase, 524 lot, Alpine Village prehminary plat/planned unit development approved in 1984.. This phase w211 complete the Rolling Oaks subdivision east of Rolling Oaks Park and complete 167th Street, a minor collector. The plat was graded in 1988, with minor site grading remaining as a part of this proposed :project. He explained that nine.. lots have been eliminated in order to bring the lots more into conformance with R-2 District requirements. The plat has been reviewed by the Planning Commission, Ernrronmental Affairs Committee, Parks & Recreation Committee and Dakota County Soil & Water Conservation District,. and all recommend approval. 92.195 Motion was made by Ruhmann, seconded by Mulvihill to :approve Resolution No. 92-138 approving the preliminary and final plat and .development agreement for Rolling Knolls Plat Two, Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. ITEM 10 CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17,.1992 , PAGE 6 Mr. Curt Kaler requested Council approval of building setback variance from the ordinary high water level of Orchard Lake to allow the construction of a deck on his single family dwelling located at 11882 - 168th Street W. He explained that a 40 foot setback variance was granted two years ago for the construction of his home on this lot. The site survey did not include a deck at that time, however, the house was built with the intention that a deck would eventually be added. He explained that he applied fora 33 foot setback variance m May of this year to accommodate a proposed deck, however, the Planning Commission denied the variance and recommended the deck remain within the confines of the original 40 foot setback. The Planning Commission recommended approval of a 40 foot setback variance at their August 6th meeting, with stipulations. Mr. Kaler stated he has been working with the DNR regarding enclosure of the deck's lower level. and landscaping. Mr. Morey stated the hardship involved with the 1990 variance for the house was due to the narrow depth of the lot, which was considered buildable because it was an existing lot of record that met 70% of zoning ordinance requirements for lot area and width. He stated Mr. Pat Lynch of the DNR has indicated he will support the Kaler's plan to enclose the lower level of the proposed. deck if it is to be used for seasonal purposes only. Mr. Lynch .has also indicated that low. level plantings along the landscape wall would provide adequate screening. Mr. Brian Seemann, 16870 Judicial Road, expressed his frustration with other property owners on Orchard Lake who are building. decks closer to the lake than what Mr. Kaler is proposing, and do not seek City Council approval prior to construction. The City Council and staff discussed how these zoning violations should be dealt with. It was stated that while it has not been the City's .practice to force property owners to tear down a deck that has been .built .without a permit, by doing so, property owners may become more conscious in obtaining approvals before commencing construction. 92.19b Motion was made by Mulvihill, seconded by Ruhmann to receive the Planning Commission's findings of .fact and. grant a 40 foot setback variance to Curt and Patti Kaler to allow the construction of a deck onto a single family dwelling located at 11882 -158th Street West. Roll call was taken on the motion... Ayes, Zaun, Mulvihill, Harvey, :Ruhmann. Councilmember Harvey stated he approves of the variance as long as it doesn't increase the encroachment. ITEM 11 92.197 Motion was made by Harvey, seconded by Ruhmann to postpone consideration. of a conditional use permit for Fred Rgnonti until later in the meeting, as Mr. Rgnonti was not in attendance. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1992 PAGE 7 • Mayor Zaun reconvened the meeting at 8:40 p.m. following afive-minute recess. ITEM 12 Mr. .Jeff Hultgren, President of Freeborn Mower, Ltd., .introduced representatives of the Crystal Lake Golf Estates project, Tim Whitten, Whitten .Associates Architects; Todd Stutz, Rottlund Homes; Garrett Gill, Williams and Gill Golf Course Architects, and Kevin Berg, Briggs and Morgan Law Offices. Mayor Zaun asked the developer to provide an update on the project, beginning with the issue of multiple housing within the golf course PUD. Mr. Whitten pprovided an overview of the market analysis prepared by Conheim Associates. Mr. Whitten expressed his appreciation to the Council for requesting this information, because it has enhanced the townhome site design. The general conclusion of the study indicates that Dakota County is one of the top two desirable counties for the 45 to 65 year old "empty nesters". The Conheim report .rates this .Crystal Lake Golf Estates site 9.5 on a scale of 10 for marketability for the following reasons: maintenance free housing in the $100,000. to $150,000 price range, location and accessibility to County Road 46 and Cedar Avenue, nearby parks and major recreation facilities, views and the potential for walk-out sites. Mr. Sobota stated the developer is .proposing revisions to the concept plan approved by the Council approximately one year ago. He presented the new design, which shows the cluster housing .moved further to the east with Golf Hole No. 12 between the school .and. townhome area. Other revisions involve the reduction of cul-de-sacs from 11 to 5, a change in the location of a number of golf holes, the location. of ponding areas, realignment of the roads and a reduction in the loss of significant trees from 59 to 27. Superintendent Carl Wahlstrom, LS.D. 194, stated the school district had been concerned about the safety of children at Crystal Lake Elementary School due to the close proximity. of golf course Hole No, 12. However, he stated they now feel the redesign of Hole No. 12 addresses their concerns, and the school district is in support of this project. Councilmember Harvey questioned Mr. Conheim's comparison of this project with the Brackett's Crossing townhome project, making the .assertion that this project will be more desirable because it is .not part of a private membership. Mr. Whitten and Mr. Hultgren stated Mr. Conheim was probably referring to private versus public golf courses, in that a public course would pose less of a risk to the people who live around it. Mr. Erickson stated at the time the report was prepared,. Mr. Conheirn was probably unaware of negotiations between the owners of the Brackett's Townhome project .and a very prominent .developer who specializes in multi-family units. The developer is preparing marketing strategies for the townhome project, (i.e. price ranges) that closely follow Mr. Conheim's analysis. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17,1992 PAGE 8 • Councilmember Mulvihill stated she was pleased with the reduction of cul-de-sacs and lass of .trees. She also stated she liked the :design and layout of the townhomes, particularly the garage entrances, which are :not all visible €ram the street. .Councilmember Harvey raised a concern that the north/south collector street in the plat .does .not conform to the :County's street naming. policy. Mr. Erickson explained that the City can request. exceptions to the street .naming policy for names that relate to the =development. Considering the character of the Crystal Lake Golf Estates project, he felt a unique street name may be in order. The name change would also provide a point of demarkation between the cities of Burnsville (LacLavon) and Lakeville. Councilmember Harvey pointed out that the Well Disclosure Certificate in the Real Estate Purchase Agreement has not been completed. Mr. Knutson explained that economic terms have been agreed to, subject to City Council approval. However, the purchase: agreement has not been circulated to all the parties involved. Conceptual approval should be given at this. time, and a final document will have to be brought back after all other .property owners have reviewed and signed it. Councilmember Harvey pointed out that Northwest Associated Consultant's July . 24th report indicates that several lots do not meet the R-2 standards. He also raised a concern about the type of ponding being proposed. Mr. Erickson .stated the developer fully intends to meet all R-2 zomng .requirements. Mr. Nelson. indicated that full Walker-type ponds will be constructed within the project. Mr. Erickson stated, per the advice of Mr. Licht, that agenda .item 12c, PUD Concept Plan Amendment, and/or item 12h, First Amendment-to Planned Unit Development Permit Agreement, should be amended, if the Council feels it is appropriate, to include reference to the specific townhouse cluster site plan, concept, building elevations and floor plans. Any deviation from :the floor plans, layout and/or guest pasking areas, etc. would need to came back to the Planning Commission and City Council far approval.. Councilmember Harvey .stated per the City Attorney's advice, the Purchase Agreement for the 17-acre parcel from Colonial Properties et.al. is only be ready for concept- approval at this time. He felt the rezoning is premature. Mr. Erickson stated he has no concerns whatsoever that the purchase agreement will be consummated. He recommended that the City Council grant approvals contingent upon the acquisition of the 17-acre parcel so that the project can meet. some very tightconstruction timelines. Mr. John Giudicessi, representing the estate of H.G.. Winkler, et.al., stated that his clients are willing to accept $15,950 per. acre for the 17-acre parcel east of Ipava Avenue and are comfortable with the business terms of the agreement. He stated they are willing to allow the parcel to be rezoned to P.U.D. if it is acquired by the City, subject to the conditions listed in CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, .1992 PAGE 9 his letter dated July 17, 1992. He stated his clients would not, however, consent to work being done on the site prior to closing of the sale. 92.198 Motion was made by Mulvihill, seconded by Ruhmann to receive the Market Overview Report for the proposed townhome development by Conheim Associates, Inc. dated May 1,1992. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, .Zaun, Mulvihill. 92.199 Motion was made by Harvey, seconded by Ruhmann to grant conceptual approval of the Purchase Agreement for the 17-acre parcel from Colonial Properties et al. pursuant to the Planned Unit Development {PUD) Agreement. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. 92.200 Motionwas made by Ruhmann, seconded by Harvey to approve the PUD Concept Plan amendment for Crystal Lake Golf Estates golf course and residential community, .based on the townhouse/cluster site flan concept, building elevations and floor plans as presented, and contingent upon the City's purchase of the 17-acre parcel. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. 92.201 Motion was made by Mulvihill, seconded by Harvey to receive the .Planning Commission's findings of fact and .adopt Ordinance No. 469 rezoning .the 17-acre parcel from R-7, High Densi~y Residential District, to PUD and a 6.669-acre parcel from R-2, Single Family Residential District, to PUD, contingent upon the acquisition of the 17-acre parcel by the City. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. 92.202 Motion was made by Mulvihill, seconded by Ruhmann to approve Resolution No. 92-139 vacating Illinois Avenue from County Road 46 to 162nd Street West. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. 92.203 Motion was made by Ruhmann, seconded by Harvey to approve a minor amendment to the Wetland Systems Impact Plan, including an additional two acres to be added to mitigation,. with a portion of .the existing drain the to be disconnected, and subject to a warranty provision as recommended. by the Environmental Affairs Committee. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. 92.204 Motion was made by Mulvihill, seconded by Ruhmann to approve the golf course grading, drainage and tree preservation plan, which includes major infrastructure.. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17,1992 PAGE 10 Mr. Erickson presented the first amendment to the Planned Unit Development Permit A~eement by, between and among the City of Lakeville, Freeborn Mower, Ltd., an Glenn Rehbein Excavating, Inc. Mr. Erickson stated the project is entering a turnkey phase based on the golf course development agreement dated May 28, 1992, whereby Freeborn Mower conveys a portion of the Crystal Lake. Estates Golf Course property to Glen Rehbein Excavating, Inc., who agrees to construct the golf course buildings and related improvements om the property. He explained that the contractor .shall furnish the City a performance bond guaranteeing that the. golf course construction will be completed and that the golf course will be open for play on or before August 25, 1994. When the contractor has expended at least one million dollars on construction of the golf course, the City will convey the deeds for the golf course property south of 165th Street, (as described in the original PUD agreement), to the contractor. The contractor will maintain a $1 million bond guaranteeing completion of the course, clubhouse, maintenance facility, bridge, well and irrigation system. 92.205 Motion was made by Harvey, seconded by Mulvihill to approve the First Amendment to the Planned Unit Development Permit Agreement by, between and among the City of Lakeville, Freeborn Mower, Lt., and. Glenn Rehbein Excavating,. Inc., incorporating a provision requiring the townhouseicluster site plan concept, building elevations and floor plans to be constructed as submitted. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 92.206 Motion was made by Mulvihill, seconded by Ruhmann to table until the .September 8th Council meeting, consideration of a conditional use permit for Fred Rgnonti, as Mr. Rgnonti was not present to make his request.. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. tJNFI'~VISHED BUSINESS None. NEW. BUSINESS The City Council discussed a letter submitted by Councilmember Sindt regarding a water problem south of 160th Street at the bike path west of Excel Way. It was stated that the water is being pumped out of .the Fisher Gravel Pit in Apple Valley. 92.207 Motion was made by Ruhmann, .seconded by Mulvihill to direct the City Engineer to .study the drainage issue and request the City Attorney to determine the legality of Apple Valley pumping large volumes of water, which flood natural drainage areas, and further to .contact the Apple Valley City Attorney regarding his findings. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. .CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17,1992 PAGE 11 92.208 Motion was .made by Mulvihill, seconded by Harvey to set a special Council meeting for September 14, 1992 at 8:00 p.m. for the purpose of receiving the preliminary 1993/94 budget and certifying to the County Auditor the preliminary tax levy. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS Next Regular Council Meeting, Tuesday, September 8, 1992 Special Council Meeting, Monday, September 14,1992. Mayor Zaun adjourned the meeting at 10:15 p.m. Respectfully subnutted, -l.~ ~ Charlene Friedges, City k Du ne Zaun, M o