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HomeMy WebLinkAbout09-16-91 1. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 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: R. Knutson, City Attorney; B, Erickson, City Administrator; D, Feller, Finance Director; M. Sobota,- Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; K. Nelson, City Engineer; L. Gustafson, Assessment Clerk; R. Wawrzon, Research Analyst; D. Morey, Assistant Community & Economic Development Director; D. Krings, Chief Building Official; C. Friedges, City Clerk. MINDTES The. minutes of the August 26th special Council meeting and the September 3rd regular Council meeting were approved as printed. STAFF ANNOIINCIIKENTS Attorney: None. Engineer: Mr. Nelson asked the Council to consider under New Business approval of the final grading plans for Fairfield Business Campus (City Improvement Project 91-10) and authorize bids to be opened on October 29, 1992. Administrator: Mr. Erickson handed out. additional information to the Council for agenda items 8 and 9. 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. PRESENTATIONS/INTRODIICTIONS Recognition of the 16-year-old VFW .Post 210 baseball team will take place later in the meeting when the team members and coaches arrive. Mr. Feller introduced Ms. Valerie Stevens, the new part-time Motor Vehicle Clerk. CITY OF LAKEVILLE COUNCIL MEETING .SEPTEMBER 16, 1991 PAGE 2 • Mr. Michaud introduced Mr. Mick Higgins, the new Park .Maintenance II/Forester employee. Mr. Michaud presented to the City Council a plaque from the Minnesota Private Industry Council in recognition of the City's commitment to the Dakota. County Job Training Program. Mayor. Zaun recognized Councilmember Sindt for her extraordinary efforts as 1991 Chair of the League of Minnesota Cities Conference Planning Committee. CITIZENS' COI~IIKEN'PS None . CONSENT AGENDA. Councilmembers added. Item 16 to the Consent Agenda, appointment of Mira Holliday as Deputy City .Clerk of Records. 91.185 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Approve claims for payment. b. Approve August investment report. • c. Receive minutes of the following advisory committee meetings: Planning Commission, Sept. 5th and Aug.. 29th Cable TV Board, August 13th Environmental Affairs Committee, September 3rd Parks & Recreation Committee, September 4th d. Approve Resolution No. 91-123 calling a public assessment hearing for Improvement Project 89-13, utility, trail and street improvements to Griffon and Grove Trails, Gull Path and Grinnell Avenue. e. Approve Resolution No. 91-124 calling a public assessment hearing .for Improvement Project 90-5, utility improvements to Holyoke Avenue from 210th Street to McGuire Jr. High School. f. Approve Resolution No. 91-125 calling public assessment hearing for delinquent utility accounts. g. Approve Resolution No. 91-126 approving extension of mobile home park grant for 1992. h. Authorize George M. Hansen Company to prepare the .1991 City audit. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 3 • i. .Approve special assessment agreement with Norris J. and Linda Niccum for Improvement Project 86-15. j. Approve temporary easement.. with Lance J. Johnson for the extension of 175th Street to serve the Highview Elementary School, Improvement Project 90-9. k. Approve special assessment agreement with Steven and Linda O'Brien, Improvement Project 89-9. 1. Approve special assessment agreements with Lon Hitch and Sue Feigal-Hitch and George and Sharon Talley, Improvement Project 89-9. m. Approve final acceptance. of utility improvements, Royal Woods First Addition. n. Approve Final Pay Estimate #6 and .final acceptance of Improvement Project 90-6, sewer televising and rehabilitation. o. Approve Final-Pay Estimate #5 and .final acceptance of Improvement Project 90-1, 205th Street and, Hollins Avenue reconstruction. • p. Approve Final Pay Estimate #3 and final acceptance of Improvement Project 90-3, Dakota Heights Reservoir. q. Authorize Pavement. Evaluation Survey for selected streets in accordance with Braun Intertech's proposal dated September, 1991. r. Grant extension of time. for completion' of Improvement Project 89-9, Judicial .Road. s. Approve Change Order No. 2 with Barbarossa and Sans, Judicial Road Improvement Project 89-9. t. Approve Resolution No. 91-127 authorizing financing of Improvement Project 91-9. 16. Appointment of Mira Holliday as Deputy. City Clerk of Records. Roll call was taken on the motion. Ayes,. Ruhmann, Zaun, Sindt, Mulvihill, .Harvey. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 4 ITELK 8 Mr. Kevin Sullivan, architect for Independent School District 194 (ISD 194), requested the Council consider approval of the site plan, landscaping plan and lighting plan for the new Lakeville Senior High School. He stated grading is progressing on the site, and the School District expects to begin construction in November.. He explained that the football/athletic facilities are not a part of this site development. Detailed plans for that phase will be submitted in early spring. Mr. Erickson outlined the September 9th planning report prepared by Northwest Associated Consultants for the high school: - The plat boundary issues are currently being resolved. by the project engineer. - No agreement has been reached at this time on the ice arena issue. - The utility easements which are designated around the building are not necessary, since the water system will be privately owned and operated. ISD 194 has agreed to eliminate the easements. - ISD 194 has agreed to dedicate a 55 foot right-of-way for Dodd Boulevard. - A significant amount of time and effort. has been spent on preparation of an erosion control plan, and runoff is being contained in the temporary pond. - The erosion control plan will include a silt fence along the proposed Dodd Boulevard right-turn lane west of Dodd. - The stockpiles of topsoil materials must be eliminated prior to the issuance of the certificate of occupancy. - Site circulation/transportation issues will be coordinated with the Dakota County Highway Department, including. turn lanes andbypass lanes. - ISD 194 will designate handicapped parking stalls, which will be painted blue. - ISD. 194 will .provide narrower motorcycle parking spaces as a means of increasing the landscaping in the north student .parking lot. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 5 - The City fire marshal has indicated that .the existing 12-foot wide walkway will be sufficient for emergency vehicle access.. With the installation of a total sprinkler system, one fire hydrant can be eliminated. - The architect will investigate alternative means for reducing the impact. of the ballfields on Dodd Boulevard. This would include fencing and/or re-orientation of a ballfield. - All parking lot lights will be elevated on three to four foot concrete pedestals. - ISD 194 is considering flattening the sanitary sewer line between Manholes 2 and. 5, possibly eliminating the need for insulation. - Signage is consistent with the previously approved conditional use permit. Councilmember Harvey asked about additional lighting along. the pedestrian trails. Mr. Sullivan stated the lighting plan will be submitted with the full building package in about a week. The building package/bid documents will be reviewed by City staff before going out to bid. Councilmember Sindt asked about the underground fuel storage tank. Mr. Sullivan explained that fuel oil is used only when the- gas is interrupted, and most school fuel oii tanks get filled once a year. .9.1.186 Motion was made by Harvey, seconded by Mulvihill to approve the site plan, landscaping plan, lighting plan and utility plan. as part of the conditional use permit for the new Lakeville Senior High School. Roll call was taken on the motion.. Ayes, Zaun, Sndt, Mulvihill, Harvey, Ruhmann. .ITEM 9 Mr. Knutson provided a background on the Ardmor Mobile Home. Park storm shelter issue, which began in 1987 when the legislature allowed the City to review a plan of evacuation for the park. In 1988, the City Council directed a storm shelter be constructed, because the plan of evacuation was. found to be unsatisfactory. At this time, the Council is being asked to consider whether. the proposed plans for a storm shelter are acceptable. i CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 6 Mr. John. Bonner, legal counsel for Uniprop Partnership,. stated Uniprop would like to begin construction of the shelter this fall so that it can be functioning in time for the 1992 storm season. Mr. Brian Wass of Krech, O'Brien, Mueller and Wass, Inc., Architects/Engineers, presented the proposed shelter plans. The shelter is designed for 700 occupants,. with 2,800 square feet of protected area and a minimum ceiling height of seven feet. The structure would be set into the existing hillside next to the office building, with berming around the remaining exposed walls. The roof is designed to withstand uplift pressures and will be covered with concrete pavers. The shelter would have venting to equalize atmospheric pressure and emergency lighting in the interior. Mr. Wass stated the preliminary. plans have been reviewed by the City's Building Official, who has outlined several items that must be addressed prior to issuance of a building .permit. Mr. Wass addressed the issue of parking for residents who are not within walking distance of the shelter. He stated the existing parking lot .would be used; and if additional parking space is required, residents would be asked to park on the grass so that roadways remain clear for emergency vehicle access. Councilmember Mulvihill questioned the safety of a storm shelter that is not completely underground. Mr. Wass assured her that the plans are in compliance the Federal Emergency Management Agency guidelines. Councilmember Sindt asked about emergency access to the building in the. absence of the park manager, who will have the key. She .also asked about potential flooding from the existing drainage way. Mr. Erickson .stated a lock box could be .placed an the shelter to allow accessibility by the .Police and Fire Departments. He also explained that the park experienced flooding from the drainage way in 1981. Since that time, the situation has been corrected, and the City does not foresee a reoccurrence. Councilmember Harvey asked. about the facility's capacity and " what is required by State law. Mr. Knutson explained that State law requires four square. feet per occupant. Mr. Erickson stated the general rule is to .provide space for 80~ of total park .capacity. Uniprop based the size of this shelter on 339 units, which the City feels is adequate.. Ms. Sue Jerome, park resident, asked about the potential for . flooding. Mr. Erickson explained that the storm drainage system has been designed to handle a 100-year storm, and flooding isvery unlikely. . CITY OF LAKEVILLE COUNCIL MEETING .SEPTEMBER 16, 1991 PAGE 7 Mr. Bob Reiner, park resident, stated he anticipates a future parking problem, but is willing to work with the management to resolve it. He thanked the Council and staff for their continued .support in bringing this storm shelter issue to fruition. 91.187 Motion was made by Sindt, seconded by Mulvihill to approve the storm shelter plans for Ardmor Manufactured Housing, Inc. as presented, subject to compliance. with the recommendations. listed in the Building Official's memo dated September 16, 1991. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. .ITEM 5A Mayor Zaun recognized. the 16-year-old VFW Baseball Team, District 2 champions .and winners of the State VFW Baseball Tournament. Councilmember Mulvihill presented a proclamation to the team. ITELYI 10 Mr. George (Skip) Thaler expressed appreciation to the City Council and staff for considering his request for a building setback variance to allow the construction of a single family residential dwelling at 11825 Knolls Path. Mr. Morey presented the details of the variance request. He explained that the Thalers wish to construct a new house 100 feet from Horseshoe, Lake on their property located in northwest Lakeville. The property. is .heavily .wooded with steep slopes. The Thalers have put- forth a great deal of effort to determine the best location for their new home. They have contacted the DNR in an effort to minimize the impact of their development on Horseshoe Lake. They have also solicited-the opinion of a forester and three building contractors regarding. the best location for the house with the least impact on existing terrain and vegetation. The house could be built in another location. on the site without a variance; however,. that would require a great deal of modification to the vegetation and grading. The impact of the house on Horseshoe Lake would bereduced.. by the thick stand of trees located between the house site and the Lakeshore and by the 55-65 foot elevation of the house site above the lake. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE.8 The variance request has been reviewed by the DNR, the Dakota County Soil and Water Conservation District, the Environmental Affairs Committee and the Planning Commission. Mr. Morey explained that. the DNR was originally .opposed to the 100-foot setback because the Thalers had revised their variance .request by adding a deck onto the rear. of the proposed house, which reduced the proposed setback. After discussing the matter with the applicant and City Administrator, Mr. Lynch of the DNR has indicated they would not oppose the 100 foot setback. Councilmember Harvey .stated he supports the proposed variance, since building the house in another location on the property would cause environmental damage. 91.188 Motion was made by Harvey, seconded by Mulvihill to .receive the Planning Commission's findings of fact. and approve a building setback variance for George and Jill Thaler to allow construction of a single family residential dwelling at 11825 Knolls Path. Rolf call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,.Sindt. ITEM 11 Mr. Duane Dietrich of Rolling Oaks, Inc. asked the Council to consider the final plat of Rolling Oaks :South Plat Five,. consisting of 29 single family residential lots on property located east of Kenrick Avenue and north of 170th Street. This. is the sixth phase of development of the 10-phase Alpine Village preliminary. plat approved in 1984. one phase was sold and developed. as the Timber Ridge subdivision. He explained that four lots were eliminated from the preliminary plat in order to meet the R-2 zoning requirements. Mr. Sobota stated neighborhood residents felt this plat. was. inconsistent with adjacent homes. He pointed out, however, that the Timber Ridge and Lynwood subdivisions also contain R-2 size lots. Rolling Oaks South Plat Five consists of 10,270 to 23,100 square foot lots, which is consistent with the adjoining subdivisions. Mr. Morey presented the final plat in detail. He explained that Rolling Oaks South Plats Five and Six were graded in 1988 under an approved grading permit. However, the developer never completed development of these two phases after the grading was done, and severe .erosion occurred on the site. The City Engineer is recommending that individual erosion control plans be required on nine of the 29 lots; and CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 9 • five of the. lots are to be custom graded as required in the tree preservation plan. A security in the amount of $10,000 is required in the development. contract to' guarantee compliance with erosion control measures. Mr. Morey stated the developer has signed the development agreement, paid the appropriate fees and has submitted a letter of intent to issue the letter of credit. The Dakota .County Soil and Water Conservation District, Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission recommend approval of the final plat. Councilmember Harvey stated he .does not support the substandard sized lots, however, he does support the increased lot size due to the reduced .number of lots. 91.189 Motion was made by Sindt, seconded by Ruhmann to approve Resolution. No. 91-128 approving the final plat and development agreement for Rolling Oaks South Plat Five.. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITE[~I 12 Mr. Warren Isrealson of Progress Land Company asked the Council to consider approval of the .final plat of Meadow Brook 3rd Addition,. which consists. of 40 single family. residential lots located on property south of 170th .Street. and east of.Flagstaff. Avenue. Mr. Sobota presented the final plat in detail. He explained that the developer was required to submit typical house plans for the lots which include the MWCC sanitary sewer easement. Per the Planning Commission's recommendation, the development contract requires that homes constructed on Lots 4 through 14, Block 2, be built with decks having a minimum size of 100 square feet. The Planning Commission also recommended a landscaping barrier (including. five-foot spruce trees every 12 feet) along the western portion of the plat adjacent to North Creek Mobile Home Park, and the developer has agreed to an additional $5,000 security for the landscaping.. The developer has .signed the development agreement and provided the necessary fees. A letter of intent for issuance of a letter of credit has also been provided. The Dakota County .Soil and Water Conservation District, .Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission recommend. approval of the final plat. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 10 Councilmember Sindt asked what provisions will be made to ensure that the homes in North Creek Mobile Home Park are not flooded from the adjacent North Creek. .The City Engineer and developer explained that the entire channel was excavated in 1990 in conjunction with the flood plain amendment for Meadow Brook. The channel was totally reconstructed, with additional ponding, and the project was approved by the DNR, Corps of Engineers and Federal Emergency Agencies. Councilmember Mulvihill questioned the reason for the. requirement that decks be built. with the home. Staff explained that the developer would position the decks on the homes in a location that would not cause an encroachment into the sanitary sewer easement. This would avoid future problems for a homeowner that may not. be familiar with the. easement. 91.190 Motion was made by .Ruhmann, seconded by Sindt to approve Resolution No. 91-129 .approving the final plat and development. agreement for Meadow Brook 3rd Addition. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. Nay, Harvey. The reason for Councilmember Harvey's nay vote was that a significant number of lots fail to meet the R-2 zoning requirement. ITEM 13 Mr. Scott Johnson of Arcon Development, asked the Council to consider approval of the final plat of Lynwood North 6th Addition, which consists of 36 single family residential lots on property located north of 170th Street .and west of Ipava Avenue. Mr. Morey presented the final. plat in detail. The preliminary plat of Lynwood North was approved in 1987 and is zoned R-2, Single Family Residential District. All lots meet subdivision ordinance requirements. A tree preservation plan has been submitted, and 25 of the 36 lots will be custom graded. The City. Engineer is recommending that 17 lots have individual erosion control plans due to steep. slopes.. The development contract also recommends that the developer convey to the City an easement for off-site ponding and drainage for the Lynwood North subdivision, as recommended by the City Engineer. Mr. Morey stated the developer has signed the development . contract, paid the appropriate fees and has submitted a letter of intent for the letter of credit. The Dakota County CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 11 • Soil and Water Conservation District, Environmental .Affairs Committee, Parks and Recreation Committee and Planning Commission recommend approval of the final plat, Mr. Nelson addressed the drainage issue. He explained that in order to control the storm sewer runoff generated within the Lynwood Additions and to provide storm water treatment, storm sewer and off-site ponding is required. The developer will be required to construct a pond on the Vivant-property located north of the Lynwood additions. Storm sewer to the proposed pond .will be constructed with the 6th Addition. Easements covering the proposed storm sewer and pond have been acquired by the developer. Mr. Nelson also addressed the existing pond in the .landlocked wetland located in the southeast portion of the proposed plat, which is artificially high at this time. .Several large diameter oak trees are submerged at their bases in this area., and many are dead or dying. In order to maintain a desired water level. in the wetland, a permanent outlet will be constructed. Councilmember Harvey asked about maintenance of these types of large .storm sewer systems; and Mr. Nelson stated the.-36" storm sewers typically require very little maintenance. 91.191 Motion was made by Mulvihill, -seconded by Harvey to approve Resolution No. 91-130 approving the final .plat. and development agreement for Lynwood North 6th Addition. Rolf call was taken on :the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 14 Mr. Morey presented the request of Bridlewilde Joint. Venture.. for the final ..plat of Shady Oak Shores 4th Addition. The plat consists of it single family residential lots on the west side of Cedar Avenue south of 170th Street.. The property is zoned R-2, single family residential district and is the fourth phase of the Shady Oak Shores preliminary plat approved in 1988. Mr. Morey stated the developer has submitted a .fencing/landscaping plan, which includes the continuation of the wood fence along Cedar Avenue with a gate for each property owner to access both sides of their fence. The. landscaping plan includes the installation of seven flowering crab trees along Cedar Avenue and three black hills spruce • trees. along the outside of the wood fence.. to be installed adjacent to-the commercial lots. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 12 The final plat was reviewed by the Dakota County Soil and Water Conservation District,.Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission, and all recommend approval. The developer has signed the development. contract, paid the associated fees, and has submitted a letter of credit. The City Council, staff and developer held a discussion on the proposed landscaping and fencing along Cedar Avenue for this development. 91.192 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 91-131 approving the final plat and development agreement for Shady Oak Shores 4th Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITE[rI 15 Police Chief Gudmundson presented the request of Babe's Sportsbar & Grill to conduct an outdoor public dance on Saturday, September 21st. He explained that the Jaycees' . Heritage Festival. dance is scheduled for that evening, and stated the Police Department cannot provide the necessary security for two public dances on the same night. He explained that Ms. Pat Sternberg, Manager at Babe's., has been contacted and agreed to have the dance inside. Chief .Gudmundson stated a laser karoake show will be held on Friday evening, September 20th, with a pig roast sponsored by the American Legion on Saturday evening. The events will be operated under Babe's current liquor and dance licenses... 91.193 .Motion was made by Harvey, seconded by Sindt to .receive the request of Babe's Sportsbar & Grill to host an outdoor laser karoake show on Friday, September 20th, and a pig roast on Saturday, September 21st, and acknowledge .these as public events. Roll call was taken on the motion. Ayes, Mulvihill,. Harvey Ruhmann, Zaun, Sindt. 91.194 .Motion was made by Harvey, seconded by Mulvihill to grant an outdoor public dance permit to Babe's Sportsbar & Grill for Saturday, September 21st. Roll call was taken on the motion. Nays, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. REQUEST DENIED. _ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1991 PAGE 13 UNFINISHED BUSINESS Councilmember Sindt asked staff to provide a status update on the upgrading of Highway 50. Mr. Nelson stated construction will take place in 1993 and is expected to be completed by September 1st. NEW BUSINESS Mr. Sobota requested the Council consider approval of the grading plan and authorize advertisement for bids for the Fairfield Business Campus. grading. He explained that Apothecary Products, Inc. has indicated a willingness to have the City contract the grading work for the entire Fairfield Business Campus site. Staff is recommending an October .29th bid. opening, and results would be presented to the City Council at their November 4th meeting. The preliminary and final plat of Fairfield Business Campus is also scheduled to go before the Council at that meeting. 91.195 Motion was .made by Sindt, seconded by Harvey to approve Resolution No. 91-132 approving the grading plans. and specifications and authorizing advertisement for bids for Fairfield Business Campus, Improvement Project 91-10. Roll call was. taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,. Harvey. ANNOUNCEMEN'PS Council Work Session, September 26th Next Regular Council Meeting, October ?th Mayor Zaun adjourned the meeting at 9:54 p.m. Respectfully submitted, G Charlene Friedges, y Clerk Du a Zaun, Ma o