HomeMy WebLinkAbout08-19-91 CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 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; 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; J. .Robinette, Environmental
Resources/Public Works Director; C. Friedges, City Clerk.
.MINUTES
The minutes of the August 5, 1991, City Council meeting were
approved as printed.
STAFF ANNOUNCEMENTS
Attorney: Mr. Knutson had two announcements regarding the
Uniprop/Ardmor Mobile Home Park storm. shelter issue: 1) The
Minnesota Court of Appeals affirmed, on August 13th, that the
Lakeville City Council acted appropriately in rejecting
Uniprop's emergency evacuation plan. 2) The City received a
settlement proposal from Uniprop, and Mr. Knutson requested
an executive session with the City Council following .the
regular meeting to discuss the City's response to that
proposal..
Engineer: None.
Administrator: None.
Chief of Police: Chief Gudmundson presented the July Police
Department monthly report. Mayor. Zaun questioned. the high
number of traffic fatalities in the City and asked if the
rural/suburban nature of the City is a contributing. factor.
Chief Gudmundson explained that Lakeville can be considered
the transition .between suburban and rural communities, where
driving becomes more difficult. Another contributing factor
could be the. increasing. amount of traffic on I-35 and Cedar
Avenue.
Parks & Recreation Director: Mr. Michaud presented the July
Parks & Recreation Department monthly report.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 2
PRESENTATIONS/INTRODUCTIONS
Councilmembers presented certificates of appreciation to six
summer interns:
Kelly Branscomb, who assisted with special programming in the
cable television studio;
Sherry Finkel, who performed recreation programming for the
Parks & Recreation Department;
Peter Hammer, who performed a general law enforcement
internship with the Police Department;
Tanya Mayer and ,Terry Schwinghammer, who prepared a fiscal
growth impact study for the Finance Department; and
David Swenson, who developed a parcel map of Airlake
Industrial Park for the Community .and Economic Development
Department.
GITLZENS' COMMENTS
Mr. Bob Reiner, a member of APAC and resident of Ardmor
• Mobile Home Park, expressed appreciation for the Council's
support in the Uniprop storm shelter issue. He stated the
Park residents want to continue to pursue the matter until
the storm shelters are built: according to State Statute and
City ordinance requirements.
The City Attorney explained that the Council will meet. in
executive session following the meeting to discuss the
settlement proposal with Uniprop. He explained that the
results of the executive session will be communicated through
a letter from himself to the Park residents.
Mr. Dan Kemnitz, 17291 Hayes Avenue, spoke on behalf of the
homeowners who live behind the Cherry Ridge subdivision. His
concerns involved apparent encroachment into the tree line
along Lots 15 and 16, Block 4, Cherry Ridge First Addition.
Mayor Zaun placed the matter under Unfinished Business for
Council discussion.
CONSENT AGENDA
Councilmembers removed from the consent agenda items 7h,
agreement with Texaco Refining and Marketing, Inc. for
installation of monitoring wells at Bunker Hill Park; and 7i,
agreement with Sales Consultants of Minneapolis .for a
sponsorship sign at Aronson Park.. Councilmembers added
agenda item 13, resolution vacating an existing drainage. and
utility easement, to the consent agenda.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991.
PAGE 3
91.169 Motion was made by Harvey, seconded by Sindt to approve the
modified consent agenda items as follows:
a. Approve claims for payment.
b. Approve July investment report.
c. Receive minutes of the following advisory committee
meetings:
Planning Commission, August 1, 1991
Environmental Affairs Committee, August 6, 1991
Parks & Recreation Committee,. August 7, 1991
d. Final acceptance of utility and street improvements to
Homestead Creek 2nd Addition.
e. Approve easement agreement with Glen and Maxine Johnson
for Parcel 26, West Orchard Lake/Judicial Road
Improvement Project 89-9.
f. Approve final payment and acceptance of well and pump
repair, Well No. 2, Improvement Project 90-8.
g. Approve Resolution No. 91-106 authorizing preparation of
a .feasibility report for extension of Inds Way,
Improvement Project 91-2.
h. (Removed from consent agenda.)
i. (Removed from consent agenda.)
j. Authorize the sale of confiscated weapons to J & S Custom
Gun Shop for $760; and authorize the purchase of two
Glock semi-automatic pistols at $390 each.
k. Approve Resolution No. 91-107 amending the fee schedule
to include a $25 license fee for tree cutting and
trimming.
1. Approve Resolution No. 91-108 amending Resolution No.
91-99 concerning the installation of stop signs.
m. Approve Change Order No. 2 with Friedges Landscaping for
Casperson Park development, Improvement Project 91-7.
n. Approve Change Order No. 1 with .Minn-Kota Sales, Inc. for
the Casperson Park restroomjshelter building.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE. 4
o. Approve an amendment to the tem rar non-intoxicatin
Po Y g
malt liquor license and public dance permit for the
Lakeville Jaycees, changing the date from September 14 to
September 21, 1991.
p. .Approve a private dance permit for All Saints Catholic
Church for an event to be held on September 14, 1991.
13. Approve Resolution No. 91-112 vacating an existing
drainage and utility easement for Pete Spekman, 9874
Upper 173rd Court.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
ITEM 7H
Councilmember Harvey stated the original agreement with
Groundwater Technology, Inc. provided for a $3,000 security.
deposit to insure proper abandonment of monitoring wells in
Bunker Hill Park. The agreement was re-written by Texaco,
Inc., and the provision for a security deposit .was removed.
Cauncilmember Harvey. felt that even though the Texaco company
is financially stable, a security deposit is necessary to
protect the City in extenuating circumstances.
The City Attorney explained that Texaco would be in violation
of Minnesota Pollution. Control Agency and Health Department
regulations if they clid not properly abandon the wells;
however, a security can be required if the City feels it is
necessary.
Councilmember Sindt asked how park users would be protected
from these wells. Mr. Robinette stated the wells .would be
placed in the inactive ,areas of the park, (ditches), and will
be surrounded by bollards.
91.170 Motion was. made by Sindt, .seconded. by Harvey to approve the
agreement with Texaco Refining and Marketing, Inc. for
installation of monitoring wells at Bunker Hill Park, with
the additional provision that a $3,000 security deposit be
placed in escrow to insure proper abandonment of the wells.
Councilmember Sindt asked for a letter of explanation. from
Texaco if this provision is not acceptable to them.
Roll call was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 5
ITEM 7I
Mr. Michaud explained that the agreement with Sales
Consultants of Minneapolis formalizes a verbal. agreement
between the Men's Softball Assn. and Sales Consultants for
display of their company name on a sign below the new
scoreboards at Aronson Park for a period of five years. He
stated the staff is presently investigating. a policy.. for
additional sponsorships of varying types throughout the park
system, and the Parks & Recreation Committee wial be making a
recommendation to the City Council.
Councilmembers Harvey and Ruhmann suggested this item be
tabled so that the Council can cliscuss, at a future work
session, the amount and types of commercial advertising the
City would allow in the parks.
91.171 Motion was made by Harvey, seconded by Mulvihill to table
consideration of an agreement with Sales Consultants of
Minneapolis for a sponsorship sign at Aronson .Park until.
.after the Council discusses the matter at a work session.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun. Nay, Sindt. Councilmember Sindt stated she
felt the City was penalizing the existing sponsor by tabling
this agreement.
ITEM 8
Mayor Zaun introduced Mr. Terry Noble, President of
Apothecary Products, .Inc., who presented plans to relocate
their .corporate headquarters to the Fairfield Business
Campus, located just north of the intersection of County Road
70 and 210th Street. He stated the preliminary plans include
a 125,000 square foot facility, of which approximately 30,000
square feet is office/administration and 95,000 square feet
being utilized for production and storage. He explained that
Apothecary Products, Inc. manufactures, prints and .provides
quality over-the-counter products, dispensing supplies and
equipment to pharmacies throughout the United States, Puerto
Rico and Canada. All corporate, administrative, marketing
and "in-house" production activities will be contained in
this facility. He further. explained that Apothecary Products
currently has multiple locations for various business
functions; and this new facility will consolidate alt
operations. The facility will employ 140 to 160 employees;
and the company plans to :expand this facility to
approximately 200,000 square feet, and 200 to 250. ..employees,
in about five years.
CITY -0F LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 6
Mr. Erickson gave a .background on the 25-year Tax Increment
Financing (TIF) District that was created for the Fairfield
Business Park property in 1989 for commercial and industrial
redevelopment. This $4 million Apothecary project will bring
to fruition .the expectation that was anticipated when the
City purchased approximately 82 acres from the St. Paul
Comparu.es in 1985. The existing TIF clistrict enables the
City to utilize the tax increment that will be generated by
this project. Apothecary Products would be the anchor tenant
in the Fairfield Business Campus. Construction is expected
to be completed in 1992. Mr. Erickson explained that the.
project achieves a number of goals established by the City's
Tax Increment Financing policy, such as providing assistance
for projects that substantially increase the City's tax base;
providing assistance for projects that provide employment
opportunities; and providing assistance for .projects that
promote future development.
Mr. Erickson described incentives that will be provided by
the City to Apothecary Products for this project. The City
will provide 20 acres of land for the facility to ensure
future expansion capabilities. The City will also provide
grading, a landscaping allowance, on-site parking and on-site
utilities. These incentives, he explained,. are within the
threshold of the City's TIF policy.
Mr. Erickson also stated that Apothecary Products,. Inc. would
be assessed for public improvements, with interest, at the
onset of the project. The City would then reimburse the
company in approximately nine years, depencling on the
availability of the increment.
Mr. Feller stated he has reviewed the financial statements of
Apothecary Products, Inc. and Quanterron, Inc.,. a wholly
_ owned company who owns the warehouse inventory. These
..financial statements, in his opinion, clearly demonstrate
that the company has the financial capacity to perform its
obligations under the development agreement.
Councilmembers expressed their appreciation to Mr. Noble and
City staff for bringing this project to fruition.
91.172 Motion was made by Ruhmann, seconded by Mulvihill to approve
the tax .increment financing. application and concept of a
development agreement for Apothecary Products, Inc.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 7
ITEM 9
Mr. Sobota stated staff is recommending. the. City Council
authorize OSM to prepare the preliminary plat, feasibility
report, final grading plans/specifications and environmental..
audit for development of the Fairfield Business Campus
property. He explained that some preliminary engineering
.work was done on this property in 1988, and OSM will be
confirming and using that information.
91.173 Motion was made by Mulvihill, seconded by Sindt to approve
Resolution No. 91-109. authorizing Orr-Schelen-Mayeron
Assoc. to prepare a preliminary plat, feasibility report,
final grading plans/specifications and environmental audit
for development of the Fairfield Business Campus.
Roll call was taken on the mota.on. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
ITEM 1®
Mr. Schwinghammer presented the Growth Study, Fiscal Impact
Analysis, for the City of Lakeville prepared by interns Tanya
Jean Mayer and himself. He explained that on July 15, 1991,
the City Council adapted an interim ordinance temporarily
.prohibiting approval of new residential plats and expansion
or development of mobile home parks. The ordinance.
essentially provides the City with a time-out to develop a
means of managing growth in a fiscally responsible .manner.
This fiscal impact study is the first action directed by the
Council under the interim ordinance.
Mr. Schwinghammer explained that the fiscal impact analysis
compares revenues and expenditures of various types of
development to arrive at an overall net impact. Results of
the study indicate that lower value homes tend to have a _
negative fiscal impact, and the high value homes had a
.positive fiscal impact. Senior housing, when not constructed
with tax increment financing, produces a positive .fiscal
impact. The scattered development puts an enormous strain on
the City's operating and capital budgets .and could ..possibly
have a negative impact on commercial areas trying to
establish service areas. The City will increasingly focus on
redevelopment as the City ages. Mobile homes and areas of
aged .housing stock were identified as major concerns.
In closing, Mr. Schwinghammer stated the fiscal impact study
emphasizes that property/home values have increased since the
moratorium, and the study indicates that the City needs. to be
involved with other municipalities, counties and school
clistricts in order to coordinate growth.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 8
Councilmembers expressed appreciation to Mr. Schwinghammer
and Ms. Mayer for a job well done.
91.174 .Motion was made by Harvey, seconded by Ruhmann to receive .the
Lakeville Growth Study, A Fiscal Impact .Analysis, dated
August 14, 1991.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, .Mulvihill, Harvey.
ITEM 11
Mr. Morey presented the final plat of Chapel Hills 3rd
Addition, which consists of 60 single family residential .lots
on property located south of County Road 46 and west of Cedar
Avenue. He explained that this third phase of the Chapel
Hills subdivision was approved by the Council in spring, with
the elimination of six R-3 sized lots. While the zoning for
this plat remains R-2, three lots which meet R-2 requirements
for lot area but not for lot width are included in the final
plat, consistent with the approved preliminary plat. The
development contract includes a planned unit development for
these three lots.
The Planning Commission, Environmental Affairs Committee,
Parks & Recreation Committee, Dakota County Soil & Water
Conservation District and City staff recommend :approval of
this final plat. The developer, Sienna. Corporation, has
submitted a letter of intent from Faribault Savings Bank to
issue aletter-of-credit.
Councilmember Sindt asked about a potential drainage problem
in the plat and a suggestion made by a Planning Commission
member to require regular inspectionsof a storm grate..
Mr. Erickson stated that by requiring date specific
preventative maintenance, the City could open itself up to
adclitional liability should the grate become clogged with
debris during a storm. He suggested the City attend to
maintenance as needed.
91.175 Motion was made by Sindt, seconded by Ruhmann to adopt
Resolution No. 91-110 approving the final plat and
development agreement far Chapel Hills 3rd Addition.
Roll call was taken on the motion, Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 9
ITEM 12
Mro Morey presented the final plat of Royal .Woods .Second
Addlition, consisting of 44 single family residential lots
north of 210th Street and west of Jacquard Avenue. The final
.plat includes phases two, three and four of the six phase
preliminary plat approved in 1990. The developer has
submitted a tree preservation plan which indicates that
almost three-quarters of the trees located on this plat will
be saved. The Planning Commission, Environmental Affairs
Committee, Dakota County .Soil & Water Conservation District
and Engineering Department recommend approval of the final
plat.
Councilmembers and staff cliscussed access to various phases
of the subdivision from 210th Street.
91.176 Mota.on was made by Harvey, seconded by Sindt to .adopt
Resolution No. 91-111 .approving the final plat and
development agreement for Royal Woods Second Addition.
Roll call was taken on the mota.on. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
ITEl~i 14
Mr. Morey presented a proposed amendment to ..thee Sign
Ordinance which would increase the amount of .wall .signage for
single occupancy industrial buildings 100,000 square feet or
larger in size. Currently, industrial businesses (regardless
of size) are allowed up to 100 square feet of freestanding
signage and up to 100 square feet of wall signage. This
amendment would allow 100,000 square foot or larger
industrial buildings to have up to 300 square feet of wall
signage... The 100 square foot maximum for freestanding
signage would remain the same.
Mr. Morey explained that this amendment is being processed on
behalf of Grist Mill, who wishes to place a 300 square foot
wall sign on their building in Airlake Industrial Park. The
Grist 'Mill building is 'about 250,000 square feet in size with
the new addition. He stated the amendment compares favorably
with Burnsville's requirements for industrial signage.
Councilmembers asked. about possible regulations for 300
square foot signs that meet all other. criteria but maynot be
aesthetically pleasing. Mr. Morey explained that in the
industrial zone, staff would be limited to offering advice
for the design and color of a sign. Mr. Erickson explained.
that the City's sign ordinance, in concert with zoning
actions, i.e. PUD's and CUP's, appropriately regulates size,
type and style of signage.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 10
i
91.177 Motion was made by Harvey, seconded by Ruhmann to adapt
Ordinance No. 446 amending the Lakeville Sign Ordinance
concerning signage in industrial zoning districts.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
IINFIN'ISHED BIISINESS
Mr. Erickson provided the background on the Cherry Ridge plat
as it relates to tree preservation. He explained that a good
faith effort. has been made by the City in the interest of the
residents for tree preservation along Lots 15 and 16, Block
4, Cherry Ridge First Addition. He went on to explain that
due to recent heavy rainfalls which had various impacts on
back yards, storm drainage had to be addressed. The City
staff pursued a storm sewer system that enables the pipe to
be installed without any impact on the trees. This storm
sewer will benefit the property east of the tree line, as
well as Lots 15 and 16.
In response to Mr. Kemnitz's concerns, Mr. Erickson explained
that the City's original goal was to preserve the trees to
the extent possible. A tree preservation. plan is in effect
during lot grading and home construction, but the trees
become the responsibility of the homeowner after the property
is sold. He stated that the buyers of Lots 15 and 16 have
chosen to thin out some of the trees after they assume
ownership to increase the size of their back yards, and they
have the right to do so. They. also plan to install .keystone
walls, which will enable them to have back yards. Mr.
Erickson pointed out that the City is granting retaining
walls to the property owners as compensation for the storm
drainage easement and as an incentive to keep them from
encroaching into the tree line.
Councilmember Mulvihill asked if .the .City can regulate the
size of homes being built on custom. graded lots.
Mr. Erickson stated the City cannot deny a property owner the
right to place this size house on a custom graded lot,
assuming all the setback requirements have been met. The
developer of Cherry Ridge, Joe Miller, .has stated he intends
to .place spec homes on custom graded lots in the future to
prevent a reoccurrence of this situation. Mr. Erickson
stated the Planning .Commission and staff are currently fine
tuning the City's tree preservation policy, which will be
• presented to the Council in September for final review. and
consideration.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 19, 1991
PAGE 11
NEW BUSINESS None.
ANNOUNCEMENTS
Special Council Meeting, August 26, 1991
Next Regular Council .Meeting, Tuesday, September 3, 1991.
Mayor Zaun adjourned the meeting at 9:37 p.m.
Respectfully submitted,
Charlene Friedges, City lark
Du ne Zaun, y r