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HomeMy WebLinkAbout08-21-89 . ~ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 The meeting was called to order at 7:05 p.m. by Mayor Zaun following an executive session to discuss pending litigation between the City and Richard Knutson, Inc. regarding the sidewalk construction project (84-19B) on Kenrick Avenue. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Enright, Sindt, Harvey and Mayor Zaun. Absent: Councilmember Nelson. Also present: R. Knutson, City Attorney; J. Robinette, Community Development Director; K. Nelson, City Engineer; D. Morey, Asst. Community Development Director; D. Gudmundson, Chief of Police; D. Feller, Finance Director; B. Erickson, City Administrator; C. Friedges, Acting City Clerk. Staff Announcements: Attorney: none Engineer: none Administrator: Requested a short executive session of the City Council to discuss collective bargaining following the regular meeting. Chief of Police: Presented the Police Department activity report for July and pointed out the large number of hit and run property damage accidents and Part I and II thefts. Citizen Comments: Bob Erickson introduced Ms. Meg Grove, Planner for the Dakota County Human Services Department. Ms. Grove explained the County's initiative for formal application to the Robert Wood Johnson Foundation to plan and implement broad-based, community-wide efforts to promote chemical health. She went on to explain the importance of having local cities, schools and neighborhoods participate in this program, as they pursue a possible $3 million in grant foundation. 89.295 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 89-108 supporting Dakota County Chemical Health Initiative. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. Presentations/Recognitions: Ms. Connie Walberg introduced her 5 year old daughter, Nicole, who was crowned Miss Minnesota American Princess at the state pageant on July 9th. She explained that Nicole has been invited to attend the national pageant in Tampa, Florida in November to compete for the national title. The Council congratulated Miss Walberg. [ ~ . • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 Dennis Feller introduced the new full-time receptionist for City Hall, Ms. Terri Kahabka and her daughter, Tarah. The council welcomed her to the staff. Additions/Deletions to Consent Agenda: Councilmember Sindt requested removal of Item 7a, August 7th council meeting minutes, from the consent agenda to the regular agenda for further discussion. Item 7d, resolution calling a public hearing for project 87-14, 185th Street, was removed since right of way costs are unknown at this time. The project will be assessed next year. Items 16, 17 and 18 were added to the consent agenda by council consensus. Consent. Agenda: 89.296 Motion was made by Enright, seconded by Sindt to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. a. (Removed from Consent Agenda.) b. Approve claims for payment. c. Receive minutes of the following advisory committee meetings: - August 3rd Planning Commission - August 2nd Park & Recreation Committee - August 1st Natural Resources Committee d. (Removed from Consent Agenda) e. Resolution 89-109 calling public hearing on proposed assessments to Improvement Project 88-1. f. Resolution 89-110 calling public hearing on proposed assessments to Improvement Project 88-2. g. Resolution 89-111 calling public hearing on proposed assessments to Improvement Project 87-5. h. Resolution 89-112 calling public hearing on proposed assessments to Improvement Project 88-9. i. Resolution 89-113 calling public hearing on proposed assessments to Improvement Project 89-6. j. Resolution 89-114 calling public hearing on proposed assessments to Woodbury street light project. 2 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 k. Resolution 89-115 calling public hearing on proposed assessments to Improvement Project 89-5, Lakeville Elementary Addition. 1. Receive bids and adopt Resolution 89-116 awarding contract for improvement project 89-4, Upper 164th Street, CedarGlen Addition. m. Approve easement agreement with Friedges Landscaping. n. Approve final payment to Rocon Inc. in the amount of $19,613.01 and acceptance of improvements to CBD parking lot and plaza, Improvement Project 88-8. o. Receive Fire Department Relief Association financial statement. p. Approval of a grading permit for Marion Pines 2nd Addition, Outlot B. q. Meadow Brook - Receive EAW and authorize distribution. r. Approve Shady Oak Shores easement agreement for installation of storm sewer off Cedar Avenue, Project 89-1. s. Approve Change Order ~~1 - 199th Street Project 88-15, insulation of existing watermain. t. Approve Change Order 4~3 - 185th Street Project 87-14, change in design of trail mix. 16. Approve specifications and authorize advertisement for proposals for dental insurance to be opened at 2:00 p.m. on September 20, 1989. 17. Resolution 89-117 amending the 1989 General Fund Budget. 18. Approval of an agreement with Minnesota Department of Transportation for installation of a traffic signal at Holyoke Avenue and 207th Street, and Resolution 89-118 authorizing execution of agreement. Councilmember Sindt recommended, and Dennis Feller concurred, that the wording on page 3, item 7e, paragraph 2, of the August 7th council meeting minutes should read, "...the city is eligible to make applica- tion to receive a certificate of achievement...". 89.297 Motion was made by Sindt, seconded by Harvey to change the wording on page 3, item 7e, paragraph 2 of the August 7th council meeting minutes as stated above, and approve the minutes as amended. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright. 3 • ! • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 Item 8. .Daryl Morey distributed to the council copies of the conditional use permit for Richard Storlie. He explained that Mr. Storlie is request- ing a second accessory building and a second curb cut on his property located at 12393 205th Street. Mr. Morey requested the council review the six conditions listed in his report of July 25th. Councilmember Harvey asked Mr. Storlie what type of plantings he intends to place on the northeast side of the accessory building. Mr. Morey explained the request of the property owner to the east for six 3 to 4 foot tall evergreen trees to screen his view of the building from his home. The Planning Commission, however, did not concur with that request and left the landscape provision to the discretion of the applicant. Mr. Storlie pointed out that he felt screening would be more effective closer to the property line than next to the building, where he had not intended to plant any trees or shrubs. He went on to state that although he had not decided on a particular species or size, he fully intends to plant some type of tree. Councilmember Sindt voiced her concern over whether the neighbor has the right to request screening. Councilmember Enright stated she has no problem with the conditional use permit as proposed. Mayor Zaun asked Mr. Storlie to consider looking into some particular type of trees/brush. Bob Erickson recommended at least the size and/or species be identified in the conditional use permit at this time so that staff has something to go by when enforcing the permit. Councilmember Sindt suggested a landscape plan be submitted to the Building Department. Bob Erickson recommended a combination of evergreens and/or deciduous trees be planted that are no smaller than 18 to 24" or taller than four to six feet. He recommended that the location of these trees could be resolved between the Building Department and the applicant. 89.298 Motion was made by Harvey, seconded by Sindt to grant a conditional use permit to Richard S. Storlie for a second accessory building and a second curb cut on his property located at 12393 205th Street, with condition No. 4 to read as follows: Provide landscape treatment to screen the north and east sides of the proposed storage building, consisting of deciduous and/or evergreen trees not less than 18 inches in height, and a plan approved by the building department denoting the location of the plant materials. 4 1 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright. Item 9. Jim Robinette presented the final plat of Kingsley Cove. The devel- oper, John Prinz, had no comments but stated he would be available for questions. Bob Erickson asked the developer if he is aware of the fact that the Kingsley Cove utility and street improvement project is open to public bids, and that he will have to adhere to the results (dollar amount) of the lowest responsible bidder. The developer stated he is aware of that. 89.299 Motion was made by Harvey, seconded by Sindt to adopt Resolution 89-119 approving the final plat and development agreement for Kingsley Cove. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. Item 10. Jim Robinette introduced the plat of Lake Villa Golf Estates 4th Addition, which was initiated by the former developer, Byron Watschke, several years ago. This is a private improvement project. The devel- oper, Mr. Tollefson, was present. 89.300 Motion was made by Harvey, seconded by Enright to adopt Resolution 89-120 approving the final plat of Lake Villa Golf Estates 4th Addi- tion, with the additional stipulation that no brush or trees be burned on site. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. Item 11. Daryl Morey briefed the Council on the request of Healey Ramme Company for a preliminary plat known as Southfork Village Apartments 3rd Addition, a planned unit development conditional use permit to allow more than one principal structure on a single lot, a variance for cul-de-sac length greater than 500 feet and rezoning of the property from R-2, Single Family Residential District to R-7, High Density Residential District. Staff recommends approval. Mr. Tom Healey, owner and manager of the Southfork property, gave the council a more detailed description of the proposed 3rd addition, which would include 9.9 acres of property with 72 apartment units. The property abuts Southfork I to the north, undeveloped land to the south, wetland to the west and T.H. 50 to the east. He stated that Outlot A was added to allow continuity of the land south of Southfork II and along T.H. 50. The plat includes a tot lot as recommended by the Park & Recreation Committee and an area for teenage recreation (half basketball court). He stated that he had reviewed the reports of the 5 • • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 Planning Commission, Park & Recreation Committee and Planning Consult- ant, and all recommendations have been met, with the exception of the requirement for perimeter concrete curbing around parking and driveway areas, which the Planning Commission deleted from the Planning Consult- ant's report of 7/26/89. Mr. Healey answered questions to the Council's satisfaction concerning swimming pool capacity, tot lot (need for and location of proposed use of Outlot A, school census, and bituminous trail along access road. 89.301 Motion was made by Sindt, seconded by Enright to approve the prelimi- nary plat, planned unit development conditional use permit, variance for cul-de-sac length and Ordinance No. 387 rezoning from R-2 to R-7 the Southfork Village Apartments 3rd Addition. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. Mr. Healey requested the council take up consideration of his request to extend the redemption date of the bonds for Southfork Village Apartments from September 1, 1989 to November 1, 1989 so that the bonds do not expire before Phase II of the Southfork Apartments is completed. 89.302 Motion was made by Harvey, seconded by Enright to modify the agenda and consider item ~~20 at this time. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright. Item 20. Bob Erickson stated the staff supports the request of Healey Ramme Company to extend the bonds for the Southfork Apartments Phase II project from September 1 to November 1. He further stated that the Dakota County H.R.A anticipates approval of this action at their August 22nd meeting. 89.303 Motion was made by Harvey, seconded by Enright to adopt Resolution No. 89-121 relating to the approval of and execution of document amendments in connection with $4,625,000 multifamily rental housing revenue bonds (Southfork Village Apartments Project) Series 1985 reissued on December 1, 1988. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. Item 12. 89.304 Motion was made by Sindt, seconded by Harvey to table consideration of a planned unit development conditional use permit for an apartment complex at 8610 - 210th Street, as requested by Brad and Audrey Johnson. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 6 • ~ • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 At this time, Mayor Zaun had to leave the meeting, 8:15 p.m. With the absence of Acting Mayor Bob Nelson, Zaun passed the gavel to the most senior member of the Council, Betty Sindt. Item 13. Jim Robinette recommended the council extend the employment of the Recycling and Zoning Coordinator, John Hennen, through December 31, 1989. He went on to explain that Mr. Hennen has a degree in planning and has been an excellent employee for the City. Councilmember Sindt suggested creating a permanent position if the workload warrants it. Bob Erickson stated a permanent Recycling and Zoning Coordinator position will be included in the 1990 budget. 89.305 Motion was made by Harvey, seconded by Enright to extend the employment of the Recycling and Zoning Coordinator through December 31, 1989. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey. Item 14. The councilmembers gave their individual votes for advisory committee appointments to City Administrator Bob Erickson, who read the results to the council and audience: Planning Commission, Mary Liz Holberg; Park & Recreation Committee, vote was split; Economic Development Commission, Gary Tushie; I-35W Council Board of Commissioners, Carl Drotning (Business Representative) and Joseph Tummers (Citizen at Large). 89.306 Motion was made by Enright, seconded by Harvey to table making an appointment to the Park and Recreation Committee until September 5th, when the entire council will be present. Roll call was taken on the motion. Ayes, Sindt, Harvey, Enright. 89.307 Motion was made by Harvey, seconded by Enright to make the following appointments to the advisory committee vacancies: Planning Commission: Mary Liz Holberg .Economic Development Commission: Gary Tushie I-35W Council Board of Commissioners: Carl Drotning (Business Represen- tative) and Joseph Tummers (Citizen at Large) Roll call was taken on the motion. Ayes, Harvey, Enright, Sindt. Item. 15. 89.308 Motion was made by Enright, seconded by Harvey to table concept approval of the Ritter Farm Park Master Plan. 7 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey. Item 19. Keith Nelson recommended the Council table consideration of authorizing a feasibility report for improvements to Judicial Road between 175th and 168th Streets until the September 18th council meeting. He explained that an informational meeting has been scheduled for Septem- ber 14th, and notices of that meeting have been sent to all affected property owners. Mr. Nelson stated the staff felt an informational meeting would be more appropriate and effective in answering the concerns of the property owners than inviting them to a regular council meeting, as was suggested by the council on August 7th.. Councilmember Harvey requested the staff to prepare a survey of what, if any, state funds would be available to help fund this proposed project. 89.309 Motion was made by Enright, seconded by Harvey to table consideration of authorizing a feasibility report for sanitary sewer, water and streets on Judicial Road between 175th Street and 168th Street until the September 18th council meeting, and further instructed the City Engineer to pursue available grants to assist in this public improve- ment project. Roll call was taken on the motion. Ayes, Sindt, Harvey, Enright. Other Business. The council and staff discussed some of the problems and inconveniences involved with the reconstruction of Cedar Avenue, including the bypass at 160th St. and Cedar Avenue; Dust control and speed limit on Highview Avenue; Routing (detour) signs, which will be provided by MnDot and installed by the City. 89.310 Motion was made by Harvey, seconded by Enright to adjourn to an executive session to discuss collective bargaining. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey. Time: 8:40 p.m. Duane Zaun, Mayo Charlene Friedges, Acting C' y Clerk 8 CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1989 CITY OF LAKEVILLE COUNCIL MEETING EXECUTIVE SESSION AUGUST 21, 1989 Members present: Councilmembers Betty Sindt, Nancy Enright, Pat Harvey; City Administrator, Bob Erickson; Acting City Clerk, Charlene Friedges; City Attorneys, Roger Knutson and Henry Mueller. Absent: Councilmember Robert L. Nelson and Mayor Duane Zaun. City Administrator Bob Erickson indicated that this special session had been called pursuant to Minnesota Statutes 471.705, Subdivision la for purposes of discussing negotiations' strategy and declaring the meeting to be closed for that purpose. The proceedings of the meeting were duly tape recorded as provided in M.S. 471.705, Subd. la. Charlene Friedges, Acting ty Clerk 9