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HomeMy WebLinkAbout02-18-92 en- CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 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, Sindt, Mulvihill, and Mayor Zaun. Absent: Councilmember Harvey. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; M. Sobota, Community & Economic Development Director; D. Gudmundson, Chief of Police; D. Krings, Chief Building Official; D. Morey, Assistant Community Development Director; C. Friedges, City Clerk. MINUTES The minutes of the February 3, 1992, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: Mr. Nelson handed out a draft copy of the Comprehensive Water Plan for the Council's review prior to the February 25th Work Session. ADMINISTRATOR: Mr. Erickson asked the Council to consider two. additional items under New Business: (16a) Authorization for professional services from TKDA Engineering for the Antlers Park lagoon project; (16b) Receive resignation of Superintendent Leo Ruberto from the Growth Management Task Force, and appoint Mr. Mark T. Beltz to represent School District 192. POLICE CHIEF: Chief Gudmundson introduced Sergeant Clint Anderson, who presented the January Police Department monthly report. PARKS & P:I~REATION DIl2ECTOR: Mr. Michaud introduced Ms. Renee Brekken, Recreation Program Supervisor, who presented the January Parks & Recreation Department monthly report. PRESENTATIONS/IlVTRODUCTIONS Councilmember Ruhmann introduced Ms. Irina Kartushina, who is a high school teacher in Novosibirsk, Siberia. Ms. Kartushina is visiting the cities of Lakeville and Apple Valley with several foreign exchange students. She presented gifts from her city to the City Council. Councilmember Harvey arrived at the meeting; 7:30 p.m. Mayor Zaun introduced Mr. Don Brager, Moundsview Finance Director and past president of .the Minnesota Government. Finance Officers Association. Mr. Brager presented the Certificate of Achievement for Excellence in Financial t f M CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1992 PAGE 2 Reporting to Dennis Feller, who accepted the award on behalf of the City of Lakeville. Mr. Brager also presented an Award of Financial Reporting Achievement to Mr. Feller, who is primarily responsible for. the City having earned the certificate. Mr. Erickson presented a Cross pen and pencil set to Mr. Feller in recognition of three consecutive years of receiving this award. Mr. Feller thanked the City Council members, Mr. Erickson, Accountant Brian Kempa and the entire Finance Department for their support and encouragement. CITIZENS' COMMENTS None. CONSENT AGENDA 92.38 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, February 4th Strategic Growth Management Task Force, February 4th Parks & Recreation Committee, February 5th Planning Commission, February 6th c. Approve .Resolution No. 92-22 establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue code. d. Approve tree removal license for Gordy & Paul's Tree Service. e. Approve Resolution No. 92-23 adopting the ..pay schedule for Fire Department officers. f. Approve the appointment of Danny Barth as Fire Department District Chief far athree-year term. g. Approve the appointment of Danny Barth as Fire Department Assistant Chief for aone-year term. h. Approve Resolution No. 92-24 calling a public hearing on certification of delinquent utility accounts. i. Approve 'Resolution No. 92-25 setting salaries for City of Lakeville instructors and seasonal/part-time employees, j. Approve agreement for a drainage and. utility easement. on Lot 3, Block 3, Airlake Industrial Park 1st Addition. 3 ~ 1} CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1992 • PAGE 3 k. Approve agreement with Rosemount Office Systems to accept a 12-inch water line. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 8 Mayor Zaun opened the public hearing on proposed assessments for sanitary sewer, watermain, storm sewer and street improvements to 205th Street West and Hollins Avenue, Improvement Project 90-1; (7:40 p.m.). The City Clerk attested to legal notices being duly mailed and published. Mr. Nelson provided an overview of the project and proposed assessments. A feasibility report was ordered by the City Council in response to a petition received from several residents requesting blacktopping of 205th Street between Holyoke Avenue and Hollins Avenue and. Hollins Avenue between 205th Street and 206th Street. A new eight-inch .sanitary sewer was constructed along Hollins Avenue from 205th Street to the south because the previous services were substandard in length and size based on current standards. There were no assessments for sanitary sewer service to existing homes already connected to sanitary sewer • (west side of Hollins),. and this portion of the project is being financed from the City's Trunk Utility Fund. Property on the east side of Hollins Avenue was assessed, since this property is undeveloped and not presently served by City sewer. A six-inch watermain was constructed along 205th Street between Holyoke and Hollins, and along Hollins between 205th and .206th Streets, because the existing four-inch watermain is old and deficient in size for fire demands. The City is financing the majority of this cost from the Trunk Utility Fund, with no assessments to existing homes already. served by City water. Assessments are proposed against the undeveloped property .lying east of Hollins Avenue. The existing storm sewer system was substandard based on .present design standards. The 33-inch storm sewer along Hollins Avenue between 205th and 206th Streets was replaced with a 48-inch pipe. A smaller (15-inch) lateral pipe was constructed along 205th Street from Hollins Avenue to Holt Avenue to provide drainage from areas adjacent to the street and south of the project. This portion of the project is being financed by a combination of City trunk storm sewer funds and assessments for lateral trunk. drainage improvements to adjacent property owners. The area east of Hollins Avenue is in a floodplain. As a result of a recent floodplain amendment by the Department of Natural Resources and the Federal Emergency Management .Agency, the area is now designated as a flood .fringe, which allows some of the property to develop in the future. 5• CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1992 PAGE 4 Mr. Nelson explained that some property owners had objected to the proposed 24-foot wide street, as it required removal of several trees and shrubs and reduced front yard setbacks. As a result, staff recommended an 18-foot width on 205th Street, provided the street was posted as one-way easterly between Holyoke and Hollins. This reduced width preserved several trees and shrubs and was preferred by the majority of adjacent residents at prior neighborhood meetings. Also included in the project was the paving of 205th Street from Hollins Avenue to the Lakeville Grove Cemetery entrance, which links the existing trail from Aronson Park to Hollins Avenue. The final project cost came to $449,453.00, of which $6b,075 was assessed to the adjacent property owners for street, curb and gutter, lateral storm sewer, sanitary sewer and watermain. The balance has been paid by the City's trunk utility fund, trunk storm sewer fund and trail fund. The assessment rate for the 18-foot street width came in at $36.55 per front foot, and $45.83 per front foot for the 32-foot wide street. Both rates were below the City's original estimate. Mr. Nelson explained that no storm sewer area charges are being .assessed for this .project. These assessments will be charged upon development of the existing undeveloped property. Mr. Feller explained that the project would be assessed over a 20-year period at an interest rate of 7.789 percent. He explained that property owners may pre-pay their assessment, without interest, within 30 days. after the assessment has been adopted. Property owners who are 65 years of age or older may apply for a senior citizen deferment. Mayor Zaun opened the hearing. to questions and comments. Mrs. Irene Chlan, 20545 Hollins Avenue, stated her property has recently been sold, and funds were placed in escrow to pay the assessments. She asked how the assessments would be paid. Mr. Feller explained that the property owner should forward the assessment roll to the title company, who will pay .the assessments out of the escrow fund. The balance of that escrow will be refunded back to the property owner. Mr. Tom Wimmer, 8630 - 205th Street W. asked how the City determines the amount that is to be assessed to the property owners in relation to what the.. City pays, how assessment rates are .established and how corner lots are assessed. Mr. Nelson explained the Council's assessment policy to assess the benefitting property owners on a front foot basis. Corner lots that abut two streets are assessed one-half their frontage along the side lot line and full frontage across the front. However, due to the extreme amount of side yard frontage in this project, the City financed some of those costs. Mr. Wimmer also asked .about the assessment versus the value of the property, as he didn't feel his property increased in value by the amount of the • assessment. i~ CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1992 PAGE 5 Mr. Knutson explained that the City can only assess property to the extent that the project increases the value of the property. The City does not obtain property. appraisals. on each project, because the costs would have to be assessed back to the property owners. The City bases the assessments on past experiences with similar projects. Mr. Erickson indicated that Mr. Wimmer would be in the best position to judge the increase in value based on the assessor's value versus what he recently paid for the property. Mr. Leo Cameron, 20520 Holyoke Avenue, stated his opposition to the 18-foot width and one-way traffic on 205th Street. He also questioned the storm sewer benefit to his property. Mr. Erickson explained that the majority of the property owners wanted the narrower street so that trees could be saved. He also explained that the lateral storm sewer ultimately drains water from his property to the Larger drainage ditch. Councilmember Mulvihill suggested additional signage be placed on 205th Street for the one-way designation to avoid traffic problems. Mr. Erickson stated the current signage meets .standards; however, a larger, more visible sign could be placed at the corner of 205th Street and Holyoke Avenue. 92.39 Motion was made by Harvey, seconded by Mulvihill to receive a letter from Tom Wimmer, 8630 205th Street W., objecting to his assessment. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 92.40 Motion was made by Harvey, seconded by Sindt to close. the public hearing; (8:25 p.m.). Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 92.41 Motion was made by Sindt, seconded by Harvey to approve Resolution No: 92-26 adopting the .assessment for Improvement Project 90-1, sanitary sewer, watermain, lateral storm sewer and street improvements to 205th Street West and Hollins Avenue. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 4 Mayor Zaun opened the public hearing on the proposed Modification No. 3 of the Southfork I Housing Development Project. Plan, Interest Rate Reduction. Program and Housing Tax Increment District No. 8; (8:28 p.m.). .The City Clerk attested to the legal notice being duly published. t, ~ CITY OF LAKEVILLE COUNCII. MEETING FEBRUARY 18,1992 PAGE 6 Mr. Sobota presented the proposed modification to Tax Increment District No, 8, which would enable the Lakeville H.R.A. to reimburse the City Council for acquisition of the Old Station property located on Trunk Highway 50 and 210th Street. The modification would also provide funding for the acquisition and demolition of the grain elevators in downtown Lakeville. Mr. Sobota explained that the City has received a Community Development Block Grant to assist with the grain elevator demolition, and the proposed modification is consistent with the budget for the project. Mayor Zaun asked if this plan modification is consistent with the objectives of the original plan for the Southfork tax increment district. Mr. Sobota explained that the original plan is still valid for its intended purpose, i.e. to provide housing in certain parts of the City. The modification of the plan supports this original goal. 92.42 Motion was made by Harvey, seconded by Ruhmann to close the public hearing; (8:35 p.m.) Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 92.43 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 92-27 adopting Modification No. 3 to the Southfork I Housing Development Project Plan, Interest Rate Reduction Program and Housing Tax Increment District No. 8 Financing Plan, and Adopting the Modified Plans and Program. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 10 Mr. Knutson explained that a draft copy of the Contract for Private Redevelopment between the City of Lakeville and Mill Pond Partners arrived at City Hall just this .evening and, in his opinion, the contract is still not in final form. He recommended the City Council table action on this item and set a special Council meeting to consider the redevelopment contract. Mr. Don Schaeffer of Apothecary Products, Inc. presented a Pledge Agreement, executed on behalf of Apothecary Products, Inc. and First Bank National Association, which states that Mill Pond partners has sufficient funds available to proceed with the project. Mr. Erickson explained that the low bidder has ,given the. City a 3Q-day extension for award of the grading contract, which expires next week. He further explained that in order for the engineering consultant to proceed with the project design so that construction can be completed in accordance with the redevelopment contract,. the Council must approve the redevelopment contract and authorize preparation of plans and specifications by February 26th. He stated that the matter must either come to closure on or before that date, or the project cannot be completed during this construction season. .r CITY OF LAKEVILLE COUNCII. MEETING FEBRUARY 18,1992 PAGE 7 Councihnembers asked that they be allowed to review the document at a work session prior to taking formal action on it. It was suggested that a work session be held on February 25th at 7:00 p.m., with a special Council meeting to follow. The Comprehensive Water Plan, which was previously scheduled to be reviewed at the February 25th work session, would be re-scheduled to a later date. 92.44 Motion was made by Harvey, seconded by Sindt to set a deadline of 4:30 p.m. CST on Thursday, February 20, 1992, for receipt of the final Contract for Private Redevelopment between the City and Mill Pond Partners. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 92.45 Motion was made by Mulvihill, seconded by Ruhmann to table award of the grading contract and preparation of plans and specifications for Phase I of Improvement Project 91-10 until the February 25th special Council meeting. Roll call was taken on the motion. Aye, Mulvihill, Harvey, .Ruhmann, Zaun, Sindt. ITEM 11 Mr. Morey presented the request of Vista Telephone Company for a conditional use permit to construct a remote telephone switching station at the northwest corner of Dodd Boulevard and Gerdine Path. The conditional use permit provides for the sale of the property by the City to Vista Telephone and an administrative subdivision to create the parcel being purchased. Mr. Morey explained that the purchase of the property by Vista Telephone is beneficial to the City for the following reasons: 1) The proceeds of the sale will be used to develop the Cedar Highlands Park; 2) Vista Telephone will pay for development of a .revised master plan for .the park; 3) Vista Telephone will pay for construction of eight parking .spaces to be used by patrons of the park, in addition to landscaping around the parking spaces; and 4) Vista Telephone will develop the site in a manner that is sensitive to maintaining the compatibility with the surrounding residential neighborhood and Cedar Highlands Park. Mr. Morey stated a neighborhood meeting regarding the Vista site plan and Cedar Highlands Park master plan was held by City staff and representatives of Vista Telephone.. Feedback from .the residents at that meeting was positive. The Planning Commission reviewed the conditional use permit and • a CITY OF T,AKRVILLE COUNCIL MEETING FEBRUARY 1$,1992 PAGE 8 recommended approval with 10 stipulations. However, the Parks & Recreation Director is recommending the removal of Stipulation No, 10, which requires the installation of NO OVERNIGHT PARKING signs. Staff felt the parking situation can be handled administratively if the need arises. Staff also felt a bad precedent could be set by having conditional use permits establish park use policies. 92.46. Motion was made by Mulvihill, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve a conditional use permit for. Vista Telephone Companyy to construct a remote telephone switching station at the northwest corner of Dodd Boulevard and Gerdine Path, Conditions No. 1 thru 9. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 12 Mr. Sobota presented a purchase agreement with Vista Telephone Company for City-owned land located on Dodd Boulevard and Gerdine Path. The agreement includes a grant of permanent .easement by the City to Vista Telephone Company for access to the property. The easement would enable the company to construct the proposed parking and landscaping according to the site plan prepared for the conditional use permit. The easement would also.. grant Vista access across City-owned property to their switching station. and lot. Staff recommends approval of the purchase agreement and easement. Councihnember Harvey suggested, for future transactions of this nature, the City consider leasing, .rather than selling, the property.. Mr. Erickson stated a reversion clause could be included in agreements of this .type, whereby the ownership of the property would revert back to the City when the facility is abandoned. 92.47 Motion was made by Sindt, seconded by Mulvihill to approve a purchase agreement with Vista Telephone Company for City-owned. property located on Dodd Boulevard and. Gerdine Path, and grant a permanent easement to Vista Telephone Company for access to the property. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 13 Mr. Krings presented an .amendment to Section 2.2 and 11.5 of the zoning ordinance concerning triangular lots. The amendment would provide a tighter applicaaion for dealing with building orientation and setbacks an triangular shaped lots, which was prompted by Conditional Use Permit No. 91-05. Staff estimates there are roughly 80 to 100 existing .triangular shaped lots. in the. City. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18,1992 PAGE 9 Mr. Krings provided an overview of the proposed ordinance amendment, which accomplishes the following: - Modifies the definition of lot frontage; - Provides definitions of front, rear and side lot lines; - Creates a definition of triangular lot and vertex; - Creates a provision for determining the rear yard setback in the case of a triangular lot. 92.48 Motion was made by Sindt, seconded by Ruhmann to adapt Ordinance No. 458 amending .Sections 2.2 and 11.5 of .the zoning ordinance concerning triangular shaped lots. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 14 Mr. Michaud presented the 1992 Park Dedication Fund Budget, which amounts to $536,300 in total expenditures for the year. The following highlights were given: - Acquisition of the Wetterlund property; ® = Assessments for the West Orchard Lake improvement project; Retrofit of existing lighting system at Aronson Park; - Storage facility addition onto the Aronson Park Tournament Center; - Construction of 40 picnic tables; - Parkview Park Youth Athletic Facility. 92.49 Motion was made by Sindt, seconded by Ruhmann to adopt the 1992 Park Dedication Fund Budget. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFINISHED BUSINESS 92.50 Motion was made by Sindt, seconded by Mulvihill to set a special Council meeting for Tuesday, February 25, 1992, for the purpose of discussing the Redevelopment Contract between the City of Lakeville and Mill Pond Partners for the Fairfield Business Campus project. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. NEW BUSINESS Mr. Erickson stated the staff is recommending the City Council authorize TKDA Engineering to proceed with the Antlers Park lagoon project and enter into an agreement with TKDA for street, storm sewer and park improvements and 1992 Park and Recreation improvements. ~ CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1$, 1992 PAGE 10 92.51 Motion was made by Harvey, seconded by Mulvihill to enter into an agreement with TKDA Engineering to proceed with the Antlers Park lagoon project. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 92.52 Motion was made by Sindt, seconded by Mulvihill to accept the resignation of Superintendent Leo A. Ruberto from the Growth Management Task Force and appoint Mr. Mark J. Beltz, representing School District 192. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Councihnember Mulvihill raised a concern regarding recent news articles which outline the City of Burnsville's plan to pursue acquisition of the Crystal Lake Golf Course. Discussion by councilmembers followed. 92.53 Motion was made by Mulvihill, seconded by Sindt to direct staff to draft an article for the Messages page regarding the City of Lakeville's position relating to the ownership of the Crystal Lake Golf Course. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS Next regular Council meeting, March 2nd Work session and special Council meeting, February 25th Mayor Zaun adjourned the meeting at 9:45 p.m. Respectfully submitted, Charlene Friedges, .City Cler ua a Zaun, May r