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.
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CITY OF LAKEVILLE COUNCIL MEETING
JULY 15, 1991
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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
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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
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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.
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CITY OF LAKEVILLE COUNCIL MEETING
JULY 15, 1991
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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
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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
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