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HomeMy WebLinkAbout07-15-91 CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 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 Sindt, Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember Ruhmann. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Gudmundson, Chief of .Police; D. Feller, Finance Director; K. Nelson, City Engineer; S. Michaud, Parks & Recreation Director; M. Sobota, Community & Economic Development Director; D. Licht and Alan Brixius, Planning Consultants; J. Robinette, Public Works/Environmental Resources Director; D. Morey, Assistant Community Development Director; J. Hennen, Planning Assistant; D. Krings, Chief Building Official; C. Friedges, City Clerk. MINUTES The minutes of the July 1, 1991, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS. • Attorney: Mr. Knutson requested an executive session of the City Council following .the regular Council meeting to discuss .two. pending litigation matters. Engineer: Mr. Nelson asked the Council to consider, .under New Business, Change Order No. 2 on the Holyoke Avenue/210th Street improvement project 90-5. He explained that the change. order involves replacement of deteriorated sidewalk along Holyoke Avenue and the installation of curb and gutter along the east side of Holyoke Avenue. Engineering recommends that the salvaged portion of the existing roadway left undisturbed .following watermain construction also be removed and replaced to accommodate a new grade line for drainage established by the curb and gutter. The. total amount of Change Order No. 2 is $30,374.09. Mr. Nelson stated the Dakota County Highway Department is willing to fund 55% of the curb and gutter and .street replacement. The City's portion of the work would be financed through the Public Works Reserve Fund. Administrator: None. Chief of Police: Chief Gudmundson presented ..the June Police .Department monthly report. ~i ~ CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 2 • Parks & Recreation Director: Mr. Michaud presented the June Parks & Recreation Department monthly report. PRESENTATIONS/INTRODIICTIONS Councilmember Harvey presented a certificate of recognition and appreciation to Mr. Jon Ahlberg for his time and efforts in assisting the City with the airport siting process. Ms. Vicki Drake-Austad, 1991 Pan-O-Frog President, thanked the City Council and staff for their efforts and support in the success of Pan-O-Frog's 25th anniversary. She. introduced. Ms. Brenda Joachim from the Community Action Council, who expressed appreciation to the citizens of Lakeville who donated approximately $250.00 and .several boxes of .food to the Minnesota Food Shelf during the week of Pan-O-Frog. Councilmember Sindt presented a certificate of appreciation on behalf of the :City to Ms. Drake-Austad. Mayor Zaun introduced the Community Chairperson for the 1991 International Special Olympics Games, Barb Anderson of Owobopte Industries, and recognized several Lakeville residents who have volunteered as host .families. • 91.144 Councilmember Mulvihill read the proclamation recognizing the International Summer Special Olympics Games and moved its adoption; .seconded by Harvey. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey. Ms. Eileen Atherton, Motor Vehicle Clerk, was not able to attend the meeting and will be introduced on August 5th. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers added Item lla, change order No. 2 on Improvement Project 90-5, to the consent agenda. Councilmember Ruhmann arrived at the meeting; 7:25 p.m. 91.145 Motion was made by Harvey, seconded by .Mulvihill to approve the consent agenda items as follows: a. Approve claims for payment. b. Approve investment report for the month of June. CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 3 i c. Approve special assessment agreement with. Anthony and Julie Pecoraro, Improvement Project 89-9. d. .Approve amendment to the Credit River Watershed Management Organization Joint Powers Agreement. e. Receive bids for Casperson .Park restroom/shelter building and approve Resolution No. 91-89 awarding contract. f. Receive ALF Ambulance 1992 budget. g. Approve Resolution No. 91-90 amending the Cable TV Fund budget. h. Approve extension of completion date for Improvement Project 90-7, Valley Park water tower painting. i. Approve preliminary engineering and right-of-way pre-acquisition agreement with Dakota County for County Road 46 between C SAH 5 and Ipava Avenue. j. .Receive. preliminary report and approve Resolution No. 91-91 calling a public hearing for County Road 46 from • Ipava Avenue to Cedar Avenue, Improvement Project 91-1. k. Acknowledge Sage Company, dba Property Refuse Removal Company, request to relinquish their garbage, rubbish and recyclable material collection license. 1. Approve garbage, rubbish and recyclable .material collection license for Mike's Disposal & Recycling Service, residential collection only. m. Approve garbage, rubbish and recyclable material collection license for Aagard Sanitation, Inc. commercial collection only, including apartments and Queen Ann Mobile Home Court (no residential). n. Approve Resolution No. 91-92 requesting Dakota County to review the addresses on the rerouted segment of Judicial Road and assign new addresses as necessary. o. Approve agreement with Lakeville South Forty. Archery Club .for use of Ritter Farm Park archery range. p. Approve stop sign installations as per master inventory. CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 4 • q. Approve First Amendment to Construction Contract with Friedges Landscaping, Inc. far add-alternate bids No. 2 and 3 associated with Casperson Park Phase. I Development, Improvement Project 91-7. 11a. Approve Change Order No. 2 on Improvement Project 90-5, Holyoke Avenue and 210th Street. .Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 8 Mr. Sobota presented the request of Schmitty and Sons School Buses, Inc. for a rezoning and planned unit development for expansion of their business currently located at 21160 Holyoke Avenue. He explained that the City Council tabled a request to rezone the north parcel, where the existing house is located, at the April 1st meeting because of questions regarding the initial PUD approval in 1987, which includes the south parcels, and future plans related to the existing site. The City Council also had. concerns related to drainage in the channel that runs through the area and sanitary sewer service to the existing homes on Holyoke Avenue. These have been addressed in the City's Improvement Project 90-5. Mr. Sobota stated the Planning Commission has held two public hearings; one on the rezoning of the parcel which contains the. existing house owned by Schmitty .and Sons, and one on the church property which Schmitty and Sons is in the process of purchasing. Schmitty and Sons have negotiated a purchase agreement with St. John's Lutheran Church for the parcel .immediately east of the former Radford house. The Planning Commission recommends .rezoning of both parcels subject to a PUD agreement. The Planned Unit Development would cover the entire Schmitty and Sons property, which contains four specific parcels. The proposed site plan includes the removal of the existing house owned by Schmitty and Sons and the replacement of blacktop paving, curbing and a landscape buffer prior to August 31, 1991. The second stage of development would occur when Schmitty and Sons expand their existing bus operation. Mr. Sobota stated the project achieves a number of objecta.ves for the area, including the installation of utilities, impr®ved drainage and the reduction of non-conforming uses. • CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 5 91.146 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and adopt .Ordinance No. 435 rezoning property from R-6 to Planned Unit Development and adopt a Planned Unit Development Agreement for Schmitty and Sons, .Inc. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 9 The City Clerk read a proposed interim ordinance temporarily prohibiting approval of new residential plats and a resolution directing completion of a study on the fiscal impact of growth and preparation of growth management controls based upon that study. The City Attorney explained that the residential plat moratorium and the resolution calling for a study on the fiscal impact of growth were brought forward in .answer to concerns expressed by Council members at earlier meetings to find a method to put certain things on hold and give the City time to explore needed changes. . Mr. Licht described three stages the City has gone through in the growth management process, beginning with the initial creation of the City in 1968, when major development was anticipated. In 1981 the City adopted a new comprehensive plan for management and planning of future development. Also at that time, a decrease in federal funds sent a signal to Lakeville and neighboring cities that treatment plant capacities may not be sufficient to accommodate growth. Lakeville then established the "land bank" system, which _ allocated land to development and helped .manage the type and rate of growth. In 1987 the City was concerned that the land bank was being used up and adopted an amendment to the comprehensive plan. Now, in what could be considered the fourth. stage of growth management, the City faces concerns that the sewer capacity will not be adequate to accommodate the rate of development that the City is now experiencing. Mr. Licht stated he feels one .reason the. City of Lakeville, in comparison ..with other .metropolitan communities, is sustaining a high level of development is because of the commitments made as a part of the development process. This' has produced a substantial.` bank of vacant, unfinalized plats. He explained that while new development must be addressed, a substantial back log of lots that have not been finalized must also be addressed, as • these can have a major impact on the fiscal concerns of the City. CITY ®F LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 6 Mr. Feller explained that continued growth, along with current financial constraints, will create a noticeable impact.. on City services unless adjustments can be made. He stated that while levy limits are expected to expire in 1993, he believes they .will continue, because those. limits help the state control .property .taxes. Mr. Feller provided .graphs which demonstrated the steady, upward curve of population growth and the .equally steady decline in revenues and .expenditures per capita. He further demonstrated the number of City employees per capita, which has fallen to 3.5, ranking Lakeville among the lowest in the state. Mr. Feller explained that the 1989 tax bill had two major impacts on the City; 2) It redirected the majority of Local Government Aid from. the cities to the school districts; and 2) it limited the amount of property taxes the City can levy to increase by one-half the increase in population. The 1991 State Legislature totally eliminated all property tax and related revenue for increased population and inflation. Charges for services are increasing,.. he explained, while revenues from the state are decreasing. . Mr. .Erickson .explained that the growth management proposal comes in a time when the. City must ask whether or not it will be able to provide an equitable level of services to the citizens of Lakeville. He explained that. the City currently has 3,560 lots.. that have been .preliminary platted. The supply is estimated to last six years if the City continues to issue building permits at the current rate of 500-525 per year. He stated the staff is in .the process of conducting a fiscal impact study to determine how agricultural, commercial and industrial land compare with residential in terms of net fiscal impacts. The objective of the study is to develop fiscal guidelines for decisions concerning future development. Mr. Erickson further explained that in addition to .the cost of operations, the City must bear costs in developing infrastructure, such as roadways. and .sewer and water lines for the existing lots. The City. is also. obligated to fund 45% of Dakota County's road construction in Lakeville. That amount, for. the County's fide-year capital improvement program, will be $4.5 million. Mayor Zaun opened the meeting to .questions and comments from the audience. Mr. Whitey Whitehouse, 17137 Kirben Avenue, asked if the City is aware of an funding savings. that School District. 194 might be able to implement to complement the direction the City is going. CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 7 • Considering the number of lots currently available, Mr. Erickson explained that the School Districts will have to deal with the results and affects of the City's growth. He stated School District officials support the City's position and plan to work closely with the City to obtain. sites for future .facilities that would not require additional infrastructure improvements. Mr. Scott Johnson, President of Arcon Development, stated he was concerned that the City had not consulted with the people who would most feel the impact of the interim ordinance, those being the developers.. Mayor Zaun and Mr. Erickson explained that the City. will schedule meetings with builders and developers to discuss growth controls. Mr. Bab Fors, a Valley Park resident and member of the real estate industry, asked what the long range problems would. be if this .moratorium were adopted. He urged the .-Council to take more time in considering this action. Mayor. Zaun explained that the moratorium is strictly an interim measure, which gives the City an opportunity to study growth. Councilmembers expressed. unanimous support for the temporary • moratorium, stating the City is simply reacting to actions being taken by the State Legislature. Councilmember Sindt pointed out that other moratoriums have been adopted by the City in the past. Mr. .Knutson explained that the moratorium would end when the official controls contemplated are adopted® or July 14, 1992, whichever occurs first. Councilmember Sindt suggested an amendment to the ordinance which. would give exception to property for which a grading permit has been .approved by the City Council in conjunction with a request for plat approval. 91.147 Motion was made by Mulvihill, seconded by Harvey to adopt Ordinance No. 436, an interim ordinance temporarily prohibiting approval of new residential plats and expansion or development of mobile (manufactured) .home parks, amending Section 2 by adding the word "health" as follows, "the health, safety and. welfare of the citizens...", and amending Section 3(5j to read, "property for which a grading permit has been approved by the City Council in conjunction .with a request for plat approval. Rolf call was taken on the mota.on. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING JULY 15, 1991 PAGE 8 • n was made b Harve seconded b Sindt to a rove 91.148. Mota.o y y, y Ph Resolution No. 91-93 directing completion of a study on the fiscal impact of growth .and preparation of growth management controls based upon that study, adding .the following paragraph, "Whereas, part of the City of .Lakeville is in the rural service area and the .Metropolitan Council is considering amendments to our rural service area;". Roll call was taken on the motion. Ayes, Ruhmann, Zaun,. Sindt, Mulvihill, Harvey. IINFIldISHED BIISINESS Councilmember asked for a status update on the traffic signal at Highway 50 and 175th Street. Mr. Erickson stated installation of the signal is planned far AugustJSeptember. He also stated traffic counts and a speed study are currently being taken on Cedar Avenue, and staff will report the .results when they are completed. NEW BIISINESS None. ANNOIINCEMENTS Next regular Council meeting, August 5, 1991. • Special Council meeting tentatively scheduled for. July 22nd to receive bids for Fire Station #2 expansion. Mayor Zaun. adjourned the meeting at 8:53 p.m. Respectfully submitted, Charlene Friedges, City lerk Duane Zaun, Ma •