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HomeMy WebLinkAbout06-19-89 • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 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 Nelson, Zaun, Enright, Sindt, Harvey. Also present: B. Erickson, City Administrator; K. Nelson, City Engineer; R. Knutson, City Attorney; S. Michaud, Park & Recreation Director; D. Feller, Finance Director; D. Morey, Asst. Community Development Director; J. Robinette; Community Development Director; D. Gudmundson, Chief of Police; C. Friedges, Acting City Clerk. Staff Announcements: Attorney: Roger Knutson requested an executive session of the council following the regular meeting for the purpose of discussing the Queen Anne lawsuit. Engineer: Keith Nelson informed the council that he has received M-DOT state aid approval of construction plans for the Flagstaff Avenue project 88-19 and recommends award of a contract. Administrator: Bob Erickson requested the Council remove Item 5i, award contract for a sewer jet cleaning machine, from the consent agenda, as he has additional information and a recommendation. Police Chief: Don Gudmundson presented the May Police Report and pointed out that the number of incidents had increased for the month of May. Citizen Comments: Sherri Tongen gave the council a status update on the watercross event scheduled for July 1st and 2nd at Antlers Park, and stated that all .requirements set forth by the council at their May 15th meeting had been met. Councilmember Enright commended Ms. Tongen for her hard work in organizing this event. Councilmember Sindt asked Ms. Tongen if the residents along 201st Street~~would be notified of the parking restrictions on that weekend, and Ms. Tongen agreed to contact them. Presentations/Recognitions: Daryl Morey briefed the council and audience on the Cash-In on Re- cycling promotion and asked the mayor to draw the names of four winners for the weeks ending June 3rd and June 10th. They were: CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 Annette Alt, 16191 Excelsior Drive Mike Tracy, 17212 Finch Path Mark Hotzler, 18317 Java Trail Steve Jensen, 20180 Hamburg .Avenue Consent Agenda: By a consensus of the City Council Items 5g and 5i were removed from the consent agenda and added to the regular agenda; and items 16, 17, 18 and 20a were added to the consent agenda. 89.241 Motion was made by Harvey, seconded by Nelson to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Consent Agenda Items a. Minutes of June 5, 1989, council meeting. b. Claims for payment. c. Receive advisory committee meeting minutes: Planning Commission, June 1, 1989 Park & Recreation Committee, June 7, 1989 Economic Development Commission, May 23, 1989 d. Change order No. 1 for well 4~8, Project 88-17A, with Keys Well Drilling. e. Adopt Resolution 89'84 designating County Road 46 as a municipal state aid roadway between Illinois Avenue and Dodd Boulevard. f. Authorize advertisement for bids and set a bid opening for July 13, 1989, at 10:00 a.m. for 199th Street, Project 88-15. g. Removed from consent agenda. h. Receive bids and adopt Resolution 89-85 awarding contract for Project 89-5, Lakeville Elementary Addition (Dodd Elementary), to Annandale Contracting, Inc. in the amount of $82,914.03. i. Removed from consent agenda. j. Adopt Resolution 89-86 awarding contract for Project 89-3, Howland Avenue, to Friedges Landscaping in the amount of $229,502.90. k. Approve release of lot 5, block 1, and lot 3, block 2 from the Trotter's Ridge development contract. 1. Approve release of lot 5, block 3 from the Cherrywood Heights 3rd Addition development contract. 2 CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 m. Approve a grading permit for Lake Villa Golf Estates 4th Addition. n. Approve temporary construction easements with J-Rapp Development and Gerald and Diane Bedeaux in connection with Improvement Project 88-19, Flagstaff Avenue. o. Approval of temporary "no parking" signs on July 1st and 2nd to coincide with the Pan-O-Prog watercross event on the following streets near Antlers Park: Indra Way, 201st Street, Italy. Avenue, County Road 64 and 199th Street from the corner of Jaguar Avenue east to the cul-de-sac. p. Final acceptance and approval of final payment for corrective and restoration work performed by G.L. Contracting in the Woodridge 4th Addition. q. Approve a cigarette license for Mills Fleet Farm. r. Adopt Resolution 89-87 awarding/rejecting contracts for the city hall. 16. Approve a temporary non-intoxicating malt liquor license for All Saints .Church for a Pan-O-Prog event. 17. Approve a temporary non-intoxicating malt liquor and wine license for the Lakeville Jaycees for a Pan-O-Prog event. 18. Approve a street dance for the Lakeville Jaycees for a Pan-O-Prog street dance on July 8th. 20a. Authorize execution of a permit with the State of Minnesota for installation of a bike trail along Highway 50 between 185th Street and 188th Street. Councilmember Harvey asked Steve Michaud about the ongoing problems with the trails (project 88-1) constructed by Valley Paving. Michaud indicated that there are some unresolved issues regarding the condition of the pavement. He felt that the Flagstaff bid award need not be held up because of this dispute. 89.242 Motion was made by Harvey, seconded by Sindt to receive bids and adopt Resolution 89-88 awarding contract for project 88-19, Flagstaff Avenue, to Valley Paving, Inc. in the amount of $452,664.74. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Bob Erickson addressed the council concerning the bid award for a sewer jet cleaning machine for the public works department. He explained that even though the original staff recommendation was to purchase a 3 • • • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 factory demonstrator unit for $116,500, it is his recommendation that the City consider purchasing the new equipment for $123,900. He went on to explain that the life cycle of a new machine would make it a better value, since there is 30,000+ miles on the truck and greater potential for higher maintenance costs on the vactor unit. Jim Robinette concurred with Mr. Erickson`s recommendation and further stated that the mileage on the demo equipment is increasing every day. The staff and council discussed the pros and cons of purchasing new equipment versus a demonstrator. 89.243 Motion was made by Enright, seconded by Harvey to approve the purchase of a new sewer jet cleaning machine from Boyum Equipment in the amount of $123,900 plus the addition of an interconnect in the amount of $1,250.00. Ken Grausnick of McQueen Equipment asked the council why his bids, which came in low, were not being considered, and Robinette stated that they did not meet the City's specifications. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright. Nay, Nelson. Nelson requested an analysis of the bids to compare the advantages and disadvantages of purchasing new versus demo. At this time, Daryl Morey presented the revised preliminary plat of Raven Lake and stated that the developer had addressed the concerns raised by the Planning Commission, council and citizens present at the June 5th council meeting. He went on to explain that the northern cul-de-sac was extended into Outlot A, with corresponding change in the configuration of the lots to accommodate this. Some of the lots in blocks 4 and 5 of the plat had been reduced in size in order to increase lot 6, block 4 and lots 1 and 3, block 5. The lots abutting the in place residences in Woodridge Estates were increased, while decreasing lots immediately adjacent to Woodridge Estates 2nd and 3rd Addition. Lot 3, Block 5, which abuts the Dale and Susan Lappi property, was increased dramatically in width. Morey went on to state that all lots still meet the minimum standards for lot width and area as per the City's zoning ordinance, and stated that staff supports the revised plat. The developer, Tom Crouch, addressed the council and stated that Steve Grohoski is willing to sell the land adjacent to Outlot A, and Mr. Crouch has agreed to sell the adjacent land owner the east portion of Outlot A to help preserve his view of the lake. He also stated that the restrictive covenants had been submitted to City staff. Councilmember Nelson asked about the cul-de-sac shape and Mr. Crouch stated it still meets requirements for vehicle turn around. 4 i • • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 Dale Lappi stated that the density has not changed from the original preliminary plat. This, in his opinion, makes it incompatible with Woodridge Estates. His request is to eliminate two lots from the southeast portion of the plat to increase lot widths in block 5. Don Lenkszus stated his concerns as follows: Planning Commission had recommended eliminating one lot, this has still not been done; home values in the restrictive covenants did not agree with developer's presentation to the Planning Commission; Java Trail still connects to 182nd Street, which the homeowners feel causes a safety problem for their children. Ron Pie asked the staff to explain why they are supporting a plan that has been rejected by the Planning Commission. Bob Erickson said he feels the redraft of the plat was an improvement and achieved the goals set out at the June 5, 1989, council meeting, with the exception of eliminating a lot. He indicated the staff had over looked that aspect of the revised plat. He stated the recon- figuration of lots seems to meet the standards set by the City's zoning and subdivision ordinances and sees no reason why the lots would adversely affect Woodridge Estates. Mr. Crouch stated that he feels Raven Lake is unique property in which he paid a high price for. His feeling is that square footage is not as important as what he intends to do with the lots, the nice homes he intends to build. Councilmember Nelson asked the City Attorney if the City is required to adopt the restrictive covenants and enforce them. The attorney answered that the City is only asked to review the covenants as to compliance with the zoning and subdivision ordinance and other regula- tions. Councilmember Harvey recommended combining lots 1 and 2 and lots 4 and 5 in order to allow for the transition across the plat to be in continuity with the Woodridge Estates plat. Referring to the restrictive covenants, Councilmember Sindt stated they are only as good as the people who buy the homes. Councilmember Enright concurred with the Planning Commission recommen- dation of eliminating lot 5, block 4. Mr. Morey explained that another block has been designated in the new preliminary plat as a result of extending the cul-de-sac into Outlot A. Councilmember Enright questioned whether the new plat as presented changes the density of 1.14 lots per acre, and Mr. Morey stated the density in Raven Lake would still be slightly higher than in Woodridge. 5 • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 Councilmember Nelson asked the City Attorney what position the City is in for requesting a Iot be removed. Mr. Knutson read Section ZO-4-9 of the subdivision ordinance, "The design features set forth in this chapter are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being sub- divided." Susan Lappi gave a comparison of lot square footage in Raven Lake of 21,000 compared to Woodridge lots of 36,000 square feet. Dale Lappi requested the council only address density figures in the southern portion of the plat, since that is what affects the Woodridge residents, rather than looking at the entire plat. Mr. Lenkszus expressed his concern once again over the extension of Java Trail, and Mayor Zaun stated the proposed removal of the cul- de-sac on that street would make good planning sense in his opinion. He further stated the difficulty in keeping the continuity with different home owners in one plat. Bob Erickson encouraged the council to consider three lots at 183 feet of frontage each on the southern portion of the plat versus combining lots 1 and 2 and lots 4 and 5, block 5. 89.244 Motion was made by Harvey, seconded by Nelson to direct the City Attorney to prepare findings of fact on the Raven Lake preliminary plat and further request the developer to bring back a revised plat consid- ering the removal of two lots in block 5. Mayor Zaun addressed the citizens present and stated he will not base his final recommendation on emotion alone, but on policy standards and ordinance compliance. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Keith Nelson presented the bids received by Credit River Township for a joint improvement of Judicial Road. Mr. Nelson recom- mended award of a contract to Valley Paving. 89.245 Motion was made by Sindt, seconded by Harvey to receive the bids and adopt Resolution 89-89 authorizing and directing the Chairman and Clerk of Credit River Township to enter into a contract with Valley Paving, Inc. in the amount of $225,656 for the improvement of Judicial Road from 185th Street to 205th Street. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 6 I CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 89.246 Motion was made by Harvey, seconded by Nelson to approve a variance for cul-de-sac length greater than 500 feet in the Marion Hills 2nd Addition preliminary plat. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.247 Motion was made by Sindt, seconded by Harvey to approve a variance for cul-de-sac length greater than 500 feet in the Cherry Ridge Estates preliminary plat, subject to an increase in the depth of the lot adjacent to Tom Laudont by shortening the cul-de-sac, which will allow the tree line to remain in tact. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Daryl Morey explained the three variances being requested by the developer of the Kingsley Cove preliminary plat, those being variances for cul-de-sac length, sideyard setback for an accessory use of a tennis court and a sideyard setback abutting Kingsley Lake. He explained that the Planning Commission recommended denial of the sideyard variance abutting Kingsley Lake and recommended approval of the other two variances. The developer, Jim Ostensen, presented his reasons for requesting a variance in sideyard setbacks of less than 20 feet for lots abutting Kingsley Lake. He explained his intent to create large enough lots to obtain an upper bracket neighborhood, and stated that he wants a variance in sideyard to permit wider homes closer to the street versus a narrow home toward the lake shore. It was the consensus of the council to follow the recommendation of the Planning Commission. 89.248 Motion was made by Sindt, seconded by Harvey to approve a variance for cul-de-sac length greater than 500 feet, a side yard setback of less than 20 feet for a tennis court as an accessory use on a corner lot and denial of a sideyard setback of less than 20 feet for a lot which abuts Kingsley Lake in accordance with the Planning Commission's Findings of Fact dated June 1. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Daryl Morey gave a brief review of the proposed amendment to a condi- tional use permit for an addition to the Mr. Sparkle Car Wash at I-35 and Highway 50. He addressed the staff's recommendations on parking, landscaping, ingress and egress. Gary Lynn Peterson was present and concurred with the recommended conditions. 7 ! • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 Councilmember Sindt asked about the type of trees being used for screening. Daryl explained that seedless green ash with a two inch diameter are being proposed as required by the zoning ordinance. He further explained that the purpose of the trees are for .landscaping rather than screening since there are no adjacent properties. Councilmember Nelson questioned why trees are being planted between two buildings and addressed truck traffic concerns behind the James building. Mr. Peterson stated he is willing to plant the trees but also questioned the need and practicality in that area. 89.249 Motion was made by Sindt, seconded by Harvey to approve the amended conditional use permit of Gary Lynn Peterson for Mr. Sparkle Car Wash in accordance with Planning Commission recommendations, with the condition that eight 2-inch diameter balled and burlapped seedless green ash trees, with mulch, be installed along the north and east property lines as shown on the revised landscape plan dated 5/31/89, by October 1, 1989; and approve the Planning Commission's findings of fact. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Jim Robinette presented the final plat of Cherry Highlands 2nd Addition and reported that all fees have been paid and there are no deviations between the final plat and previously approved preliminary plat. 89.250 Motion was made by Enright, seconded by Nelson to adopt Resolution 89-90 approving the final plat and development contract for Cherry Highlands 2nd Addition, along with a minor comprehensive plan amendment to include the area in the Year 2000 Urban Service Area. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Jim Robinette explained the need to approve the development contract for Marion Pines since there has been a change in the principal developer of the plat. Jim reported that the Lakeville Bank has provided a letter of credit and everything is in order. 89.251 Motion was made by Harvey, seconded by Nelson to approve the develop- ment contract for Marion Pines dated June 12, 1989. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Steve Michaud presented the final phase of the Casperson Park Master Plan. The Park and Recreation Committee had reviewed options presented to them by the Barton Aschman planning firm. Michaud indicated the main emphasis in the proposed park is on lake frontage and larger 8 ~ • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 picnic areas to take some of the overload from Antlers Park. He also highlighted the comprehensive trail system with walkways and hiking trails. Michaud explained that the staff and Park & Recreation Committee are recommending to proceed with the development of Casperson Park in a phased development over the next three years, utilizing matching grants through the Land and Water Conservation Fund Grant program. Councilmember Nelson questioned whether there will be swimming at this park, and Michaud replied there will not be a beach. Councilmember Harvey .asked Michaud about the status of property in northeast Lakeville and recommended the City consider taking action to acquire this property for a future park, and do so in a timely manner. Mayor Zaun asked Michaud to provide park space per capita figures in comparison to other cities. 89.252 Motion was made by Enright, seconded by Sindt to approve the Casperson Park Master Plan as presented. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Steve Michaud then provided the council an overview of the dredging project proposed between Casperson Park and the Clarence Rudiger property. The original intent was to use city equipment and personnel, but staff is now recommending the city hire a contractor to do the work. The city would require the contractor to hold additional insurance on himself in the event of injury. Michaud estimated the project to cost $1,000, and he had received a low quote from Friedges Landscaping in the amount of $990. He also received offers from two fishing organizations, the Apple Valley In Fishermen and the Lakeville Chapter Minn. Polebenders, totaling $750 in donations. 89.253 Motion was made by Sindt, seconded by Harvey to approve an agreement with Clarence and Beverly Rudiger for the Lake Marion dredging project, with a completion date of August 15, 1989. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. The council then took up consideration of a timeline with Sherman- Boosalis, dba SB Real Estate Services, Inca, for a comprehensive analysis of the G1enEagles development. Nick Boosalis was present and stated he had reviewed the timeline and concurred with it. 9 ~ ~ ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 Councilmember Harvey asked the developer if he was cognizant that the timeline was dependent on his timely submittal of information, and Mr. Boosalis stated he is aware of that. 89.254 Motion was made by Enright, seconded by Sindt to adopt Resolu- tion 89-91 engaging the services of THK Associates, Inc. to undertake a comprehensive analysis of the G1enEagles project, and acknowledge the attached timeline. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.255 Motion was made by Harvey, seconded by Nelson to approve payments to the University of Virginia for Management School courses from July 16-28 and to Bob Erickson for moving expenses as per the employment contract with Erickson. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Councilmember Sindt recommended the council consider adopting some criteria on how to name city parks and recommended the city conduct a contest in naming the park plaza in downtown Lakeville. 89.256 Motion was made by Sindt, seconded by Harvey to authorize staff to prepare a policy on naming of parks. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. The council directed staff to prepare a plaque for Steve Sizer and Bill Macklin, resigning advisory commission members, and invite them to a future council meeting to receive formal presentation. Councilmember Nelson asked about the water ban status, and Robinette stated he foresees no problems. Councilmember Nelson asked about the possible control of car sales, and Robinette said the staff is working on some guidelines and will report back to the council once the Planning Commission reviews them. Councilmember Nelson asked if city hall construction is on schedule, and Robinette stated he and the building official recently inspected the site and feel comfortable that it is on schedule. 89.257 Motion was made by Harvey, seconded by Sindt to adjourn the meeting and go into an executive session. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 10 CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 1989 Time: 10:05 p.m. Respectfully submitted, rf f Charlene Friedges, Acti City Clerk Duane Zaun, Mayo 11