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HomeMy WebLinkAbout08-06-90 CITY OF LAKEVILLE COUNCIL MEETING AUGUST' 6, 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; D. Feller, Finance Director; D. Morey, Assistant. Community .Development Director; D. Krings, Chief Building Official; J. Robinette, Community Development Director; D. Licht, Planning Consultant; J. Norton, Engineering Consultant; Sergeant Schwartz, Police Department; C. Friedges, City Clerk. MINUTES The .minutes of the July 16, 1990, City Council meeting .were approved as printed. STAFF ANNOUNCEMENTS Attorney: None. . Engineer: Keith Nelson .stated that additional information has been provided to the Council this evening concerning Agenda Item 15, which includes a list of the quotes received and a letter of recommendation from OSM on emergency. painting of the Dakota Heights water reservoir. Mr. Nelson also handed out copies of a sidewalk petition from Griffon Trail property owners requesting a four foot, rather than a five foot, sidewalk be installed along the boulevards as a part of Improvement Project 89-13. Mr. Nelson .indicated that the Council may want to receive the petition and discuss this item under "New Business". Administrator: Bob Erickson provided a status update on the time line for the selection of a Community/Economic Development Director, and stated that the applicants are covered by data privacy until such time as the finalists are chosen by the Council. PRESENTATIONS/INTRODUCTIONS Dave Krings introduced Mr. Paul Baumgartner, newly hired. part-time building inspector. Nancy Kill. introduced Ms. Janell Sabin, newly. hired part-time motor vehicle clerk. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 2 Bob Erickson and Dennis Feller presented a certificate of appreciation to .Nancy Kill for representing the City in coordinating Pan-O-Frog events for the past two years. CITIZENS COMMENTS Mr. Warren Kochis, 1b404 Griffon Trail, asked the Council to consider reducing the width of sidewalks on Griffon .Trail .from five to four feet, and stated that 22 of the 24 affected property owners have signed the petition. Mayor Zaun thanked Mr. Kochis for his comments and stated this issue will be considered by the Council under "New Business". CONSENT AGENDA Councilmembers added. the .following regular agenda .items to the Consent Agenda: Items 8, 10, 11, 12, 13, 14 and 17. 90.209. Motion was made by Harvey, seconded by Sindt to approve the modified consent agenda and items as follows: a. Approve claims for payment. b. Receive minutes of advisory committee meetings: Planning Commission, July 19, 1990 Parks & Recreation Committee, July 18, 1990 Natural Resources Committee, July 17 and 24, 1990 Cable TV Board, July 17, 1990 c. Approve change order No. 57 for City Hall. d. Approve resolution No. 90-81 appointing election judges for September 11, 1990, .State Primary Election. e. Approve Resolution No. 90-82 calling a special assessment hearing for 185th Street, Improvement .Project 87-14. f. Approve change order No. 1 for Improvement Project 89-13, Griffon/Grove Trail. g. Authorize 165th- Street .trail correction work and add to Project 90-4, Trail Improvements. h. Approve change. order No. 1 and grant extension of time for Kingsley Cove, Improvement Project 89-7. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 3 i. Ado t Ordinance No. 421 amendin Title 9 Cha ter 1 of p g P the City Code adopting the 1990 Minnesota. State Building. Code. j. Approve Resolution No. 90-83 approving plans and specifications and authorizing advertisement for bids on Judicial Road, Improvement Project. 89-9. k. Approve .amendment to the Solid Waste Budget as per John Hennen's memo dated August 1, 1990. 1. Approve Settlement Agreement with Larry & Juane Bakken for the Brackett's Townhomes Project 86-6. m. Approve Lakeville City Hall Facility Use Policy and Agreement. n. Approve renewal of the building maintenance contract with Osland Building Maintenance in the amount of $1,620 per month. from September 1, 1990 to February 28, .1991. 8. Approve specifications for a Fire Department triple combination pumper and authorize advertisement for bids to be opened at 3:00 p.m. on August 31, 1990. 10. Approve Resolution No. 90-87 granting extension of Conditional Use Permits #89-07 and #89-15 issued to Trinity Evangelical Free Church to allow a building expansion at 16165 Kenwood Trail. 11. Approve Resolution No. 90-85 vacating a portion of existing drainage and utility easements located along Lot 1, Block 3, and Lot 1, Block 4, Chapel Hills, upon the request of Meritor Development Corporation. 12. Approve a conditional. use permit to allow construction of a single family residential dwelling on a non-conforming:. lot at 10647 202nd Street West, upon the request of Kenneth and Roseann Johnson. 13. Approve a conditional use permit to allow construction of a second garage on a single family residential lot at 9880 199th Street West, upon the .request of David and Deborah Frost. 14. Table continued consideration of a conditional use permit for B & S Tire to operate a retail fire service store until the September. 4, 1990, Council meeting. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 4 17. Accept the resignation of Kevin Leslie from the Economic.. Development Commission and authorize staff to forward a service award (plaque) to Mr. Leslie. Roll call. was taken on the motion. Ayes, Zaun, Si.ndt, Mulvihill, Harvey,. Ruhmann. ITEM 9 Daryl Morey presented the request of Flagstaff Development, Inca for the final plat of Country Pond South, .consisting of 45 single family residential lots located west of Flagstaff Avenue and south of Dodd Boulevard. Mr. Morey indicated that staff finds the final plat to be consistent with the preliminary plat approved by the City Council on June 18, 1990, "with nine conditions as listed in Northwest Associated Consultant's report dated July 12, 1990.. Condition No. 3, however, should be amended to read, "Five foot wide concrete sidewalks are provided on both sides of the subdivision's. bisecting. minor collector street and along the east side of Foliage Avenue from the existing concrete sidewalk located in the Dodd .Park subdivision to 173rd .Street", Mr. Morey explained that the developer agreed to provide the Foliage Avenue sidewalk extension as part of the approved preliminary plat. Mr. Morey explained. that ~ in addition to the developer providing the aforementioned sidewalk and multi-purpose tralways along the east ..side of Flagstaff Avenue, the Parks and Recreation Committee has recommended the developer pay a cash contribution of $24,750 to satisfy the .City's park dedication requirements. He stated the developer will pay the park dedication fees prior to staff issuing the final plat. Councilmember Harvey referenced the July 13th letter from the .Dakota County Soil & Water Conservation District in regard to a berm being placed across Foliage Avenue . to control run-off at the north end of the plat. He suggested that temporary traffic control devices also be placed at that location to prevent heavy construction trucks from. traveling on the existing .neighborhood streets. It was decided that the berm and road barricades could be removed after 50% of the occupancy permits have-been issued on-the entire. Country Pond South subdivision. 90.210 Motion was made by Si.ndt, seconded by Harvey to approve Resolution No. 90-84 approving the final plat of Country Pond South, with. the stipulation that a gravel berm. be placed on Foliage Avenue at the north end of the plat, with barricades CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 5 • that. meet sign code standards, until 50% of the occupancy permits have been issued. on the entire subdivision. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 15 Keith Nelson explained that the Dakota Heights water tower was constructed :fifteen years ago, and has never been drained fore - pai.nti.ng and maintenance. This could not be accomplished. due to .the lack of alternative water supplies during the past seven years. He went on to explain that OSM has studied the feasibility of converting the east side of Lake Marion to the high pressure system, enabling the McStop water tower to feed the Dakota Heights area. With the new pumphouse and well in operation, this project would be feasible without having to construct a new elevated storage tank for backup. Upon completion of the installation of pressure reducer valves in the Lake Marion/Meadows area, many gate valves in that area could be opened. This would improve circulation and fire flows. Mr. Nelson further explained that with the plentiful amount • of rainfall received this year and a decrease in water demands, staff believes this to be an opportune time to take the water reservoir out of service for maintenance and painting. He explained that if we experience another drought next year, it would be difficult to .take this tank .out of service due.. to higher water usage and less pumping reserve for fire demand. The work to be accomplished includes cleaning the. tank after it has been drained, x-raying the welds and touching. up where necessary, sandblasting. the exterior and painting it with a new protective coating. The estimated completion .time for the work is one to two .months. The City received three. quotes for the work,. with the low quote from Odland Protective Coatings, $137,253. That amount falls within the range of OSM's estimate. Mr. Erickson asked the Council to receive the quotes and consider setting a special meeting to evaluate a financial. -analysis of the Utility Fund's cash .balances and an in-depth. review of the ...proposed capital outlay needs for .the next three years. He reiterated that timing is important, considering this project. meets the statutory requirements for declaring an emergency. Mr. Ron Gerk asked if the water pressure from McStop would be adequate to serve the Dakota Heights area, where .water .pressure has been an ongoing problem. Mr. Nelson explained i CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 6 'unction with the McSto water that by using two wells in conk P tower, pressure .would be adequate. He also explained that the. homes Mr. Gerk refers to are extremely high in elevation, and nothing can be done to improve the pressure in that area. Councilmembers Ruhmann and Mulvihill asked about any possible environmental hazards that could be caused by lead contact from sandblasting the tank. Mr. Jim Norton of OSM explained mat the tank contains no lead base and is not hazardous to the environment. He also explained. that Odland has done extensive work in the area, and he received very favorable references on that company from other cities. 90.211 (Motion was made by Harvey, seconded by Mulvihill to receive. lids for painting of the Dakota Heights water reservoir, fable award of a contract, authorize the finance director and pity engineer to review the bids and prepare a financial analysis of the. proposed capital outlay needs for the next ~hree years and report back to the City Council at a future special Council meeting. doll call was taken on the motion.. Ayes, Mulvihill, Harvey,. ~2uhmann, Zaun, Sindt. ~TEM 16 r. Erickson presented a resolution which would call a public ~earing, at the. request of the Lakeville Housing. and edevelopment Authority, on the proposed modification of the -35 Redevelopment Project No. 1 and establishment of Tax increment Financing District No. 12 within the redevelopment ~roject, and the proposed approval and adoption. of a modified redevelopment .plan and tax increment financing. plan .relating jthereto. He explained that the H.R.A. met on July 31st to onsider recent legislative changes to the Tax Increment ~inancing laws. The most significant change is that .future 'pommercial tax increment projects will cost cities a loss in local government aid (LGA) or homestead and agricultural ~~Credit aid (HACA). ~An application has been brought forward by William Cooley, !Lakeville Land Ltd., for an economic development district at (the northwest quadrant of I-35 and County Road 70. He 'explained that. Mr, Cooley has an opportunity to take advantage of an exception in the law which was granted to the ~~,City of Lakeville for the I-35 Redevelopment District. This ',exception would allow the use of tax increment financing for (commercial development. in that area, if it is pursued prior ~,to September 30, 1990. Mr. Erickson explained. that approval !lof the resolution calling a public.. hearing simply allows the CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 7 his district and does not bind the exception to be used in t , H.R.A. or City Council to approve a specific project.. Mr. Erickson stated that the developer, Lakeville .Land Ltd.,. has made an application for tax increment financing to create a housing district on a portion of his property, and explained that no changes have been made to the TIF laws with regard to housing districts. He asked the Council to consider placing the economic development district over the entire portion of Mr. Cooley's property, including the R-6 zoned (housing) property, to provide the developer and City more flexibility should a major commercial development proposal be brought forward that would require the use of the entire portion. of land. He explained .that the developer could always change the R-6 portion back to a housing. district, but would not be able to take advantage of the exception to the TIF laws after September 30th, The developer and City's tax increment consultant have agreed with this concept. Councilmember Harvey .pointed out that District 12 is not defined. in the proposed. resolution, ...and it was .clarified. that District 12 is defined as .the Lakeville Commerce Center property. 90.212 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 90-86 calling a public hearing on the .proposed modification of I-35 .Redevelopment Project No. 1 and .establishment of a Tax Increment District No. 12, defined as the Lakeviille Commerce Center property, within the redevelopment project and the proposed approval and adoption of a modified redevelopment plan and tax increment financing plan relating .thereto. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. IINFINISHED BIISINESS Councilmember Sindt provided a status update on naming of the Downtown Plaza. She indicated that all comments have been positive in naming the plaza,. "Pioneer Plaza", with the fountain to be named, "The Bud White Memorial Fountain", in honor of the late Flavi_an "Bud" White. A plaque has been designed and will be officially presented at the .Downtown Business Association's Heritage Festival on September 15th. NEW BIISINESS CITY OF LAKEVILLE COUNCIL MEETING AUGU5T 6, 1990 PAGE 8 90.213 Motion was made b Harvey,: seconded by Ruhmann to receive the Y sidewalk petition from property owners along Griffon Trail requesting a four foot wide, rather than a five foot wide, sidewalk be installed along that street as a .part of Improvement Project 89-13. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Keith Nelson explained that the City has the flexibility to make this change, however, contractors are prepared to begin construction this week. Mayor Zaun asked staff to comment on the advantages versus disadvantages of converting the sidewalk from a five to four foot width. Mr. Erickson stated that the staff has been trying to accommodate the residents as much as possible. Staff feels the only disadvantage of installing four .foot sidewalks would be the transition from wider sidewalks in both directions. 90.214 Motion was made by Harvey, seconded by Mulvihill to proceed with the recommendation of the residents and authorize the installation of four foot wide sidewalks along Griffon Trail, Improvement Project 89-13. Mr. Gerry Grenz, Parks & Recreation Committee member,. voiced his opinion on behalf of the Committee that four foot wide sidewalks are. not adequate for two way traffic.. He asked the Council to table this matter and refer it to the .Parks & Recreation Committee for further review. It was, however, the general consensus to allow the residents' position to prevail, considering the timing and the neighborhood's position. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Councilmember Harvey pointed out that a parking problem exists on Juno Trail near Antlers Park, and asked the City Attorney to review the situation and report back to the Council with an opinion on the enforceability of current signage. ANNOUNCEMENTS Next Regular Council Meeting, August 20, 1990. Mayor Zaun adjourned to an executive session to discuss pending litigation and collective bargaining, 8:38 p.m. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 1990 PAGE 9 Respectfully submitted, Charlene Friedges, City Jerk Duane Zaun, Ma o