HomeMy WebLinkAbout09-04-90
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CITY -0F LAKEVILLE COUNCIL MEETING.
SEPTEMBER 4, 1990
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; J. Robinette,
Community Development Director; D. Feller, Finance Director;
S: Michaud, Parks & Recreation Director; D. Gudmundson, Chief
of Police; J. Perron, Liquor Manager; L. Gustafson,
Assessment Clerk; D. .Morey, Asst. Community Development
Director; B. Christensen, Fire Chief; D. Licht, .Planning
Consultant; J. Norton, Engineering Consultant, C. Friedges,
City Clerk.
MINUTE S
90.227 Motion .was made by Harvey, .seconded by Mulvihill to approve
the minutes of the August 20, 1990, Council meeting with one
correction on Page 6, Paragraph 1, as follows, "Councilmember
Harvey stated that, in his opinion, allowing outside
servicing. at McStop would accelerate degradation of the area
dramatically."
Roll calla was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
The minutes of the August 27, 1990, Special Council meeting
were approved as printed.
STAFF ANNOUNCEIKENTS
Attorney: None.
Engineer: Keith Nelson provided a revised resolution and a
.letter of recommendation from OSM for Item No. 14, .Receipt of
bids and award of contract for Judicial -Road, Improvement
Project 89-9.
Administrator: Bob Erickson provided. a letter from Byron
Watschke regarding the 185th Street assessments, an
additional staff report .from Northwest Associated Consultants.
for Agenda Item No. 9, Winston Street vacation, .and a bid
tabulation and recommendation from the Fire Chief for Item
No. 13, .receipt of bids and award of .contract for a triple
combination pumper.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 2
PRESENTATIONS/INT12ODIICTIONS
Edward Krahl, Street Lighting Intern, was unable to attend
the meeting for an introduction.
Mayor Zaun explained that the City established a policy
whereby 10% of the net income from liquor store operations is
returned to the community each year through donations to the
school districts for chemical dependency education programs.
The total amount for .1989 was $24,863, which was divided
among the school districts who serve Lakeville. The.
contribution is prorated to each school district based on the
number. of enrolled students who reside within the City
limits. Dennis Feller and Judy Perron presented checks to
Superintendents Ruberto (ISD .192) Rehwaldt (ISD 196) and
Wahlstrorn (ISD 194) as follows:
$2,989 to School District 192. (12.0% enrollment in Lakeville)
$7,662 to School District 196 (30.8% enrollment in Lakeville)
$14,212 to School District 194 (57.2% enrollment in
Lakeville)
CITIZENS' COMMENTS
Dan Pellinen, representing the Downtown Business .Association,
thanked the City staff. members for their cooperation in
assisting with the .upcoming Heritage Festival. He thanked
the .City Council members .for their willingness to participate
in the downtown plaza and fountain dedication ceremony.
CONSENT AGENDA
Councilmembers removed item 7e, resolution amending the
records retention schedule .for single family building permit
.plans, from the consent agenda for further discussion..
90.228 Motion. was made by Harvey, seconded by Mulvihill to approve
the modified consent agenda as follows:
a. .Approve claims .for .payment.
b. Receive minutes of advisory committee meetings:
Planning Commission, August 23, 1990
Natural .Resources Committee, August 21, 1990
Parks & Recreation Committee, August 15, 1990
Cable TV Board, August 14, 1990
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 3
ov dance license for the Downtown
c. Appr al of a pub]ac
Business Association for a street dance on September 15,
1990.
d. .Approval of a temporary non-intoxicating malt liquor
license for the Lakeville Jaycees for September 15, 1990.
e. (Removed from Consent Agenda).
f. Resolution No. 90-107 approving change in funding for
Dodd Blvd. and Pilot Knob Road intersection safety
improvements, Project 88-12.
g. Approve change order #2 with F.F.. Jedlicki, Inc. for
Griffon/Grove .Trails, Project 89-13.
h. Resolution No. 90-101 approving plans and specifications
for 205th Street and Hollins Avenue, Improvement Project
90-1, and authorizing advertisement for bids..
i. Final acceptance of utility and street improvements,
Lynwood North.
j. Final acceptance of utility and street improvements,
Lynwood North 2nd Addition
k. Final acceptance of utility and street improvements,
Lynwood North 3rd Addition.
1. Adopt Ordinance No. 422 amending Title 7 of the Lakeville
City. Code concerning public ways and property
(sidewalks) .
m. Approve -agreement .with. Barton-Aschman Associates for
design and construction of Caspersen Park, and authorize
Barton-Aschman to proceed with .Task One.
n. Resolution No. 90-102 supporting a clean water
.partnership grant for the Vermillion River.
o. Authorize mayor and clerk to execute an agreement with
the Department of Natural Resources for 1990-91
.snowmobile and cross country ski grant-in-aid program.
p. Approve change order No. 44 for City Hall.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 4
ITEM 7E
Councilmember Harvey stated he felt the cost of microfilming
single family .home plans is not significant when considering
the value of retaining those- plans. for future reference.. Bob
Erickson explained that the staff intends to encourage
residents to pick up and retain their own single family
building plans one year after the certificate of occupancy is
issued or, in the case of remodelings, when a final
inspection has been made.
90.229 Motion was made by Harvey, seconded by Sindt to table
Resolution No. 90-100 amending 'the records retention schedule
for single family building permit plans to allow the .staff to
re-evaluate the cost and merits of microfilming and report
back to the Council on September 17th.
Roll call was taken on the motion.. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
ITEM 13
Fire Chief .Barry Christensen presented the bids .received for
• a new. triple combination pumper for the Fire. Department. He
explained that Emergency One did not comply. with
specifications. when bidding, and the low bid in the amount of
$192,970 was received from Custom Fire Apparatus. Mr.
Christensen stated the Fire Department Truck.. Committee
recommends awarding the contract to Custom Fire and accepting
Options 1, 3, 4, 5 and 6. He explained that Option 2 (400
h.p. engine vs. 354 h.p.) was not taken because the .Committee
felt that a 350 h.p. engine would be more than adequate to
run the pump. With the .additional options, the total cost of
the truck. would be $200,570.
The funding for the fire truck acquisition is provided from
the 1991 certificates of indebtedness budget. Since the
original budget appropriated only $175,000 for the
acquisition of the .truck,, a $5,000 appropriation transfer
will be made as a result of deleting a portion of the Fire
Station #2 irrigation system that will not be needed due to a
request for future expansion of .the station. Thee balance of
the required appropriations for .the truck will come from
.interest on investments. Mr. Christensen explained that the
purchase of this vehicle would help the City obtain. a new:.
fire rating for insurance purposes.
90.230 Motion was made by Harvey, seconded by Ruhmann to receive the
two bids for a new triple combination pumper for the Fire
Department and award a contract to Custom Fire Apparatus in
the amount of $200,570, with a .July, 1991, delivery date.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 5
• Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
ITEM 8
Mayor Zaun opened the public hearing on the. proposed
assessments to .185th Street, Improvement Project 87-14. The
City Clerk attested that legal notices .had been properly.
mailed to the affected property owners and published in the
City's legal newspaper.
Keith Nelson explained that part one of the project was the
construction of 185th Street between I-35 and Trunk Highway
50. At the request of the Minnesota Department of
Transportation, this project was approved with the City
agreeing to construct- turn lanes along T.H. 50 and along
185th Street east of T.H. 50. There were no assessments
proposed for construction of the turn lanes. MN/DOT agreed
to participate in the construction .cost of .the turn lanes
along T.H. 50, and the City .agreed to acquire the right of
way and pay for the turn lanes along 185th Street east of
T.H. 50.
Mr. Nelson explained that the .total project cosh came to
$1,079,107.08, excluding turn lanes. The total amount being
assessed is $418,729.02, which includes $86,000 for. right of
way acquisition. on 185th Street west of T.H. 50. He
explained that the original feasibility report estimated the
assessed amount at $441,200. The overall project would be
assessed over 20 years. The two corner .lots in .Great. Oak
Shores (Lot 8, Block 1, and Lot 1, Block 2) would be assessed:.
over 10 years, as agreed upon by- the developer, for paving
the portion of Orchard Trail that enters the Great Oak Shores.
development.
Mr. Feller explained. that. with the exception of .the .two
parcels in Great Oak Shores, all property would be assessed.
at 8.613 interest. Property owners can prepay any
assessment within the first 30 days without interest.
Property owners who .are 65 years of age or older can apply
for. a senior citizen deferment. He also explained that
property owners who submit a written objection on or before
the hearing date may appeal their assessment to the district
court.
There was no one present in the audience wishing. to ask
questions.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 6
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90.231 Motion was made by Sindt, seconded by Harvey to acknowledge
receipt of a letter from Fortune Realty, Inc. dated August
31, 1990. Councilmember Harvey referred to the .letter, which
states, "We feel the assessment to be excessive and is not in
line with the Feasibility .Report dated May, 1987:' Harvey
said that the assessments are, in fact, about 5~ less than
the original estimate. Keith Nelson explained that the
.property owner is referring to preliminary letters and
estimates that date back to 1984-86.
Roll call was taken on the motion Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
90.232 Motion was made by Harvey, seconded by Ruhmann to close the
public hearing on the proposed assessments to Improvement
Project 87-14.
Roll call was taken on the motion. Ayes, Zaun, Sndt,
Mulvihill, Harvey, Ruhmann.
90.233 Motion was made. by Sindt, seconded by Mulvihill to approve
Resolution No. 90-103 adopting a 20-year assessment for
Improvement Project 87-14, :185th Street West watermain, storm
drainage and street improvements.
Roll call was taken on the motion: Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
90.234 Motion was made by Mulvihill, seconded by Ruhmann to approve
Resolution No. 90-104 adopting a 10-year assessment. for
Improvement Project 87-14, Addendum, (paving of Orchard Trail
in Great Oak Shores).
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
ITEMS 9-10
David Licht, Consulting Planner from Northwest Associated
Consultants, presented the request of Jeffrey and Dorothy
Barr for the vacation of a portion of Winston Street in the
Orchard Lake subdivision and a building setback variance from
the ordinary high water level of Kingsley Lake to allow
construction. of a new Ingle family home on the. north side of
Klamath.. Trail at 168th Street. It was explained that if the
property is allowed to be developed as a single family use,
it should be mandatory that the vacation. of Winston Street
occur to provide additional depth to the lot. Mr. Licht
explained that Mr. Walter Sternberg has expressed opposition
to the vacation. of Winston Street, as he presently utilizes
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 7
- - o ' s ro ert .
that right of way to access a part f hi p p y The
applicant has attempted to purchase the property south of
Winston Street from Dakota County in order to meet ordinance
setback requirements; however, the County is unwilling to
sell that parcel. An administrative subdivision would allow
the nine substandard sized lots (24-32) associated with this
property to be combined into one parcel that conforms .with
zoning ordinance requirements for .lot area and. width. This
matter would be handled by city staff. if the variance request
is granted.
Mr. Licht explained that the City would gain an additional
10-foot easement adjacent to the existing sanitary sewer lift
station. Mr. Licht added that the City would receive a
30-foot easement for future extension of gravity. sanitary
sewer to Kingsley Cove. The proposed house has been shifted
from 52 feet to 60 feet from the ordinary high water aevel of
Orchard Lake to accommodate the sanitary sewer line
installation. Staff feels that a 13-foot unusable lot.
remnant from Lot 24 should be dedicated as right of way to
County Road 44.
Mr. Licht stated that his staff recently talked .with Mr.
Sternberg and explained that the City could not conceivably
build a public street on the Robert Street right-of-way, the
remaining platted street serving his land, due to existing
topography. The topography and limited lot access, - he
explained, would also prevent the City from ever. constructing
a public street on the Winston Street right-of-way. He
stated that his staff feels Mr. Sternberg may be entitled to
a driveway easement across the Barr property..
Roger. Knutson stated .that Mr. Sternberg does not have adverse
.possession rights over the Winston Street right-of-way, as it
is City-owned property. The City could, however, require an
access easement. as part of_the variance approval.
Mr. Jeffrey .Barr spoke to the Council and explained that in
his opinion 'the main issue to be considered is the
preservation of natural vegetation and screening of the house
from.-the lake. He stated that the tree preservation and
.landscaping .plan he submitted reflects their intention to
disrupt the .site as little as possible and return it to its
,natural state once construction is completed.
The staff and Council discussed the Sternberg issue in
relation to the proposed Winston Street vacation, and it was
the consensus that Mr. .Sternberg .would continue to have
access to his property via Robert Street, and if the. .Robert
Street right-of-way .were ever vacated, part of that property
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE. 8
would revert to Mr. Sternberg's possession, as he owns
property on both sides.
Councilmember Harvey suggested the Barr variance request be
considered before the street vacation, in order to avoid
creating any landlocked lots.
Councilmember Harvey stated that he .feels the proposal before
the Council is the best that can be achieved on the subject
property; however, he prefers to keep the parcel undeveloped
and preserve the natural beauty of the lake.
Mayor Zaun voiced his concern. that granting a variance may
set a precedent for other lots around the lake, and about the
impact this variance would. have on other property.
Councilmember Mulvihill. stated that although it appears the
Barrs have taken all concerns into consideration, she is
concerned about erosion problems and the fact that the
setback from the ordinary high water level is not being
adhered to.
Mr. Erickson suggested that some very large conifers could be
transplanted on the property to screen the. structure .after
the sewer is installed on this property. The .installation of
these conifers could be subject to a landscape architect's
review. It was also pointed out that the surface use of the
lake is limited compared to other lakes in the city, and a
great deal of shoreland is marshy, thus .limiting the number
of buildable Lakeshore lots. Kingsley Lake is classified. as
a natural environment lake.
90.235 Motion was made by Mulvihill, seconded by Ruhmann to table
until September 17th consideration of a building ..setback
variance from the ordinary high water. mark of Kingsley Lake
to allow the construction of a new single family home on the
north side of Klamath Trail at 168th Street to allow the
planning consultant an opportunity to .prepare an issue
analysis, utilizing the .Lake Area Redevelopment Plan, to
determine the impact of .this variance request on the
remaining undevelopable property on Kingsley Lake.
Roll call was taken on the motion. Ayes, Harvey,. Ruhmann,
Zaun, Sindt, Mulvihill.
90.236 Motion was made by Sindt, seconded by Mulvihill to table
until September 17th consideration of the vacation of Winston
Street located in the Orchard. Lake subdivision.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 9
Roll call was taken on the motion. A es Ruhmann. Zaun
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Sindt, Mulvihill, Harvey.
.ITEM 11
David Licht presented the final. plat of Lake Villa Golf
Estates 6th Addition, a 26 lot single family subdivision
located south of Orchard Lake and west of Keokuk Avenue. He
stated that all 11 conditions as outlined in the August 16th
report prepared by Northwest Associated Consultants have been
met.
Mr. Erickson stated a signed development contract has been
received,. and .the appropriate security obligations have been
met.
Roger .Knutson explained that part of the property is subject
to a contract for deed, and will apparently be changed into a
mortgage note. That land owner (Fortune Realty) will need to
sign a consent to the .developers agreement so that the plat
can be recorded.
Councilmember Harvey asked if Dakota Electric has been given
permission to work in that area, and Mr. Erickson explained
• that. underground electric lines will be placed. in the right-
of-way which has already been cleared of vegetation.
90.237 Motion was made by Sindt, seconded by .Ruhmann to approve
..Resolution No. 90-105 approving the .final plat of Lake Villa
Golf Estates 6th Addition, with the proviso that Fortune
Realty sign a consent to the development agreement so that
the plat can be recorded.
Roll call was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
ITEM 12
Jim Robinette presented the request of Good Value Homes, Inc.
for a grading permit on Homestead Creek Third Addition. He
explained that the preliminary plat was: approved in July of
1987 and consisted of 292 single family lots. The Department
of Army Corps of Engineers. has recently relocated wetland
boundaries located in the eastern portion of this plat and,
as a result, .approximately 30 lots in the third addition were
declared unbuildable. He went on to explain that the Dakota
County Soil & Water Conservation District has reviewed the
rough grading and erosion control .plan and recommends.
approval.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 10
John Peterson of Good Value Homes ex lained that due to
p the
changes the plat has undergone since preliminary approval
because of .the modified wetland designation, a revised
grading plan has been submitted to City staff...
Mr. Derek Passe, engineer for the applicant, presented the
revised grading plan.
Mr. Mitch Peecher, 17442 Iceland Trail, pointed out that the
area adjacent to his property in Homestead Creek has been
classified as a wetland by the Dakota County Soil & Water
Conservation District since 1980, and he felt that the City
should not allow the loss of any additional wetland for home
building.
Mr. Jim McClura, 17448 Iceland Trail, voiced .his concern that.
the wetland area is vastly vanishing, and stated. he feels it
should not be destroyed for the sake of building homes.
For clarification, Mr. Peterson explained that the .boundaries
have been moved between the wetland. and .upland area. The
classification date, he explained,. is not the issue being
considered. He went on to explain that a permit has been
obtained from the Corps of Engineers and Soil & Water
Conservation District to fill the wetland .for .building, and
added that the revised grading plan currently meets the Corps
of Engineers' requirements.
Councilmember Harvey stated that although he does not like to
allow houses to be built on fill, he feels it would be
necessary in this situation because the streets are stubbed
in and could not be moved without removing an existing
house.. For safety reasons, he felt it is essential that more
than one street access this subdivision.
Mr. Erickson explained that the sanitary sewer must be
installed .whether or not. .the street is constructed. He
suggested the City follow the directions .given by the Corps
of Engineers, as the Corps has. been sensitized to this
situation. He reiterated that .the plat, as currently
proposed, follows. the Corps.' .guidelines.
Councilmember Mulvihill stated she feels the City .has no
other alternative but: to follow the recommendations. of the.
Corps of Engineers.
Several' residents stated they had. been told by salespersons
from Good Value Homes that trees in that area were not going
to be removed. Mr. Peterson stated his sales staff is
• instructed to tell prospective buyers that the future of
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 11
adjacent property is not known. Mr. Erickson .stated he
personally visited a Good Value Homes model and was told by
the salesperson that adjacent lots would be built on, but a
specific time line was not given.
90.238 Motion. was made by Harvey, seconded by Mulvihill to approve a
grading permit for Good Value Homes (Homestead Creek Third
Addition) subject to the stipulation that all demolition and
construction. debris existing at the. end of Iceland Trail be
removed and properly disposed of before the permit will. be
issued by City staff.
Roll call was taken on the motion. Ayes, Mulvihill, .Harvey,
Ruhmann, Zaun. Nays, Sindt.
Councilmember Sindt stated she voted No because she felt
.additional time is necessary to review any further
information that could be made available on this matter.
ITEM 14
Keith Nelson :presented the bids received for Improvement
Project 89-9, .west Orchard Lake improvements. The corrected
bids ranged .from a .low bid of $911,566.50 submitted by
Barbarossa and .Sons to a high .bid of $1,469,970. The base
bid includes Schedule "A", being the basis West Orchard Lake
improvements and Schedule "B" being the construction of a .new
parking lot at Orchard Beach, which includes blacktop and
concrete curb. Mr. Nelson explained that due to earth work,
the contractor needs to import granular material. This
material could come from Casperson Park, which the City- would
furnish free to the contractor. The City would charge $.50
.per yard against the project for any material moved to help
finance a portion of the parking lot improvements.
Mr. Nelson stated the staff recommends award of a contract to
the lowest responsible .bidder, Barbarossa and Sons, including
Alternate #1 for the installation of a 24' street with
concrete curb .and gutter (in lieu of bituminous curb) for the
portion of Judicial Road in Segment 1, lying between Orchard
Beach and 175th Street. An additional $12,348 would be added
to the base bid for Alternate #1, bringing .the total contract
amount to $923,914.50.
Councilmember Harvey voiced his concern that the $34,240 the
City would bear for. Alternate 2 should be credited. to the
source/fund that is providing the fill material. Mr,
Erickson explained that Alternate 2 is not a part of the
contract amount. at this .time and negotiations on this matter
• would be done at a later date- after the contractor's progress
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 12
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is well defined and the City's ability to commit on this item
is better understood.
90.239 Motion was made by Sindt, seconded by Harvey to .approve
Resolution No. 90-106 receiving bids and awarding a contract
for West Orchard Lake (Judicial Road) sewer, water and
streets, Improvement Project 89-9, to .Barbarossa and Sons in
the amount of $923,914.50.
Roll call .was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Si.ndt.
ITEM 15
Keith Nelson presented a concept plan for the proposed bridge
improvements at Interstate 35 and County Road 70. The plans
are to replace the existing two-lane bridge with a four-lane
bridge, plus turn lanes, and relocate the westerly .frontage
road south of County Road ?0 to align with the intersection
of Keokuk Avenue north of County Road 70. Thee total
construction cost is estimated at approximately $1.3
million. The County participation would be approximately
$450,000 to $500,000. Per an agreement with .Dakota County,
the City would finance approximately 45% of this cost.
Mayor Zaun pointed out that MnDOT and Dakota County have now
incorporated this project into their capital improvement
programs for 1994. Mayor Zaun voiced his concern over
traffic generated to I-35 in Lakeville from Scott County and
the new proposed Scott County road that will tie into 185th
Street i.n Lakeville.
Councilmember Sindt asked if this type of project could be
assessed to adjacent properties, and staff explained that the
State .will pay a significant portion of the project costs,
with the City and County paying their portion. This project
is included i.n the City's transportation improvement program.
UNFINISHED BIISINESS None.
NEW.. BIISINESS The Council and staff. discussed information
recently. received on a lot. foreclosure i_n the Daniels
Addition.
The staff provided a status .update on the Dakota Heights
reservoir painting project,
ANNOUNCEMENTS. Next Regular Council Meeting: September. 17,
1990..
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 4, 1990
PAGE 13
Mayor Zaun adjourned the meeting at 10:15 p.m.
Respectfully submitted,
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Charlene Friedges, City C k
v
Dane Zaun, Ma o