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HomeMy WebLinkAbout10-16-89 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 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, Enright, Sindt, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administra- tor; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Morey, Asst. Community Development Director; D. Feller, Finance Director; S. Johnson, Sergeant LPD; A. Brixius, Consulting Planner; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. Staff Announcements: Attorney: None. Engineer: Keith Nelson reported that the last section of curb and gutter is being poured on Cedar Avenue, and the project is expected to be completed in approximately two weeks. Administrator: None. Chief of Police: Sergeant Scott Johnson presented the September Police Report in Chief Gudmundson's absence. Johnson compared September, 1989, statistics to September of 1988. Three traffic fatalities have been reported this year, as compared to an average of two per year. Johnson highlighted other areas of the monthly report, including letters of appreciation to Department members. Citizen Comments: None. Presentations/Recognitions: Dennis Feller introduced a recent addition to the City staff, Ms. Donna Lott, Accounts Payable Clerk. Additions/Deletions to Consent Agenda: The Council added item 16, Meadow Brook EAW, negative declaration, and item 19, Driveway Easements at Casperson Park, to the consent agenda.. 89.389 Motion was made by Harvey, seconded by Sindt to approve the consent agenda as amended. • i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. a. Approve minutes of the September 18, 1989, council meeting. b. Approve minutes of the October 2, 1989, council meeting. c. Approve claims for payment. d. Receive minutes of the following advisory committee meetings: Planning Commission, October 5, 1989 Parks & Recreation Committee, October 4, 1989 Natural Resources Committee, October 3, 1989 Economic Development Commission, September 26, 1989 e. Resolution 89-143 calling public hearing on proposed assessments of delinquent utility accounts in District 2. f. Final payment and acceptance of improvements; Improvement Project 89-5, Lakeville Elementary Addition. g. Change Order 462 for 199th Street improvement project. h. Lakeville Lions Club; gambling license renewal application. i. Receive bids for dental insurance. j. Final payment and acceptance of improvements; Casperson, North and Independence Parks improvements and multi purpose trailways. 16. Adopt Resolution No. 89-149 adopting findings of fact and conclu- sion regarding Meadow Brook Addition Environmental Assessment Worksheet. 19. Exchange easements for driveways at Casperson Park. a. Receive deed for easement to original driveway. b. Approve granting an easement for the existing driveway and authorize execution of deed. Item 8. Mayor Zaun opened the public hearing on proposed assessments to Improvement Project 89-2, Judicial Road from 185th Street to 205th Street. The City Clerk attested to legal notices published and mailed. Keith Nelson gave a presentation of the project costs and explained that the project is a joint effort between the City of Lakeville and Credit River Township. The total project cost for Lakeville was $151,301, which was $33,733 below the feasibility report estimate, since actual project costs were less than expected. The Township's portion was higher, due to higher fiscal and bonding costs the Township 2 w~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 incurred. A letter has been written by City staff to the Minnesota Highway Department requesting a traffic study on that portion of Judicial Road to determine an appropriate speed limit. 89.390 Motion was made by Harvey, seconded by Nelson to acknowledge receipt of a letter from Ernest J. Darflinger, Attorney representing Fredrick W. Rgnonti, objecting to the proposed assessment on three parcels of property owned by Rgnonti. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Mr. Darflinger was present and explained that of the three parcels Mr. Rgnonti owns, the center lot is non-buildable due to the size of it. Staff will research. 89.391 Motion was made by Sindt, seconded by Harvey to close the public hearing. Sindt, Harvey, Nelson, Zaun, Enright. 89.392 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 89-144 adopting assessment for Improvement Project 89-2, Judicial Road street improvements. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 9. Dennis Feller introduced Jerry Shannon from Springsted, Inc., who briefed the Council on the sale of $1,575,000 of general obligation bonds to finance four projects, 88-19, Flagstaff Avenue; 88-1, Cedar Avenue; 89-2, Judicial Road/185th - 205th; and 89-5, Lakeville Elemen- tary School. Bids will be received on November 20th at 11:00 a.m. in Springsted's office, and the results will be presented to the City Council for approval at their November 20th meeting. Mr. Shannon explained that the bonds being sold, at an interest rate of 6.5%, will be sent to Moody's Investors for a bond rating. Councilmember Harvey asked how much of the bond issue will be paid from ad valorem taxes. Mr. Feller stated that principal and interest for the bond issue would be paid primarily from special assessments and from other revenue sources, which included connection charges, trans- fers from the Public Works Reserve Fund and the Trail Fund. No part of the bond issue is intended to be paid from ad valorem taxes. Councilmember Harvey directed a comment to the press, stating that certain City Council candidates are promising that they will not use such assessments to pay for projects. If such projects were put on the general tax levy and not assessed to benefitted properties, the City 3 ' • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 would not be able to afford other programs, such as police, street plowing and other crucial services. He added that this position is un- reasonable and would lead to financial ruin very quickly. 89.393 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 89-145 authorizing the issuance and sale of $1,575,000 General Obliga- tion Improvement Bonds, Series 1989A. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 10. Dennis Feller presented a list of equipment items the City proposes to purchase with the certificates of indebtedness, along with a list of items the City intends to sell. Mr. Shannon explained that the City is permitted to sell equipment certificates in an amount not to exceed one quarter of one percent of the City's total assessed market value. The bonds must be repaid within five years of the date of issue. He further explained that 95% of the total bond issue must be spent in three years. Mr. Shannon stated that bids for these bonds will be opened on November 20th and presented to the Council for approval that evening. They will also be part of the application to Moody's for a bond rating. He stated that 100% of the certificates are supported by tax levies. Councilmember Nelson asked about the possibility of changing/adding equipment to the list in the future. Mr. Feller explained that the list of equipment can be modified during the budget process, but the amount of the certificates is not subject to change. 89.394 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 89-146 authorizing the issuance and sale of $1,475,000 General Obliga- tion Equipment Certificates of Indebtedness, Series 1989B. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 11. Daryl Morey presented the request of Kindercare Learning Center, Inc. for a conditional use permit to construct a 133 child capacity daycare center at the northwest corner of 175th Street and Junelle Path. He stated that the one area of concern by staff in this conditional use permit request is parking. He explained that the original site plan proposed 21 parking spaces, 10 to 12 of which would be occupied by employee and company vehicles, and staff felt that was not adequate. He went on to explain that after reviewing daycare parking requirements of five other cities, they found that Lakeville's Zoning Ordinance 4 ' ~ • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 requirement of four parking spaces plus one space for each three beds (48 total spaces) was the highest, and staff felt that was somewhat excessive. Therefore, the City staff requested a modified site plan, which shows angled employee parking at the south side of the site, allowing 27 total parking spaces. The site plan, which was approved by the Planning Commission, showed an exit only on 175th Street with a combined entrance and exit on Junelle Path. Diane Gossard, 17342 Junelle Path, voiced her concern over the poten- tial increase in traffic on 175th Street as a result of the daycare operation, and stated she preferred to see traffic enter and exit on Junelle Path rather than 175th Street. She also spoke for fewer parking spaces and improved traffic flow at the center. Bob Erickson stated that staff felt the loss of stalls created by an additional driveway on Junelle Path would result in cars parking on that street rather than in the parking lot. He stated that the inter- section of 175th Street and Highway 50 will, no doubt, experience congestion until traffic signals are installed. Jim Robinette added that according to the Minnesota Highway Department, the traffic will need to increase at that location before the State will approve the installation of signals. Councilmember Enright suggested state officials be contacted regarding the need for a traffic signal at that intersection. Councilmembers also voiced concern over parking and traffic congestion on 175th Street and discussed a possible right turn only exit onto 175th Street. They also discussed the possibility of a joint driveway between Mr. Sparkle Car Wash and Kindercare. Mr. Lynn Peterson stated landscaping is proposed for the area between the car wash and Kinder- care, and he feels the landscaping, which would divide the two proper- ties, is essential. Councilmembers asked that the shared driveway concept be reconsidered. Mayor Zaun suggested the Council table consideration of this condi- tional use permit until they have had an opportunity to receive and review the findings of fact. 89.395 Motion was made by Harvey, seconded by Nelson to table consideration of a conditional use permit for Kindercare Learning Center, Inc. until the November 6th Council meeting to allow review of the findings of fact and"consider re-design of the driveway access off 175th Street. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 5 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 Item 12. Alan Brixius presented the Cedar/Dodd Land Use Study prepared by Northwest Associated Consultants for the area surrounding the intersec- tion of Cedar Avenue and Dodd Boulevard. The area is predominantly zoned residential. He explained that the City Council had initiated a study to evaluate the potential land use in this area, since Cedar/Dodd will become a major intersection as a result of the upgrading of Cedar Avenue. Concept 3 was initially endorsed by the Planning Commission, which consists of commercial, high density residential, medium density residential and single family residential zoning. With the comments of the Planning Commission, Concepts 4A and 4B were prepared by Northwest Associated Consultants. Concept 4A attempts to respond to Planning Commission concerns on the transition between single family residential and commercial development, without dis- turbing the lot layout of the approved Shady Oak Shores preliminary plat. Concept 4B proposes some modifications in the southern portion of the Shady Oak Shores preliminary plat; however, this alternative layout would provide an improved street pattern and lot and land use arrangement for the southern portion of the Shady Oak Shores plat. Mr. Brixius stated that the Planning Commission endorsed both Concepts 4A and 4B of the Cedar/Dodd Land Use Study to allow developer flexibility. Mayor Zaun asked if the property owners were involved in the endorse- ment of this concept plan, and staff indicated they were in favor of both concepts. Al Herrmann, developer of Shady Oak Shores, was present and stated he preferred Concept 4A, since it would not disturb the lot layout of his preliminary plat. He would, however, agree to be flexible in adding medium density lots to his plat if the market for twin homes improves. 89.396 Motion was made by Sindt, seconded by Harvey to approve a comprehensive plan amendment and supplemental Cedar/Dodd Land Use Study prepared by Northwest Associated Consultants dated September 13, 1989, incorporat- ing Concepts 4A and 4B, and creating Planning District No. 23. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 13. Jim Robinette gave a brief overview of the Southfork Village 3rd Addition final plat, which is identical to the previously approved pre- liminary plat. The development agreement has been signed, and fees have been paid. The developer, Tom Healey, was present. 89.397 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 89-147 approving the final plat and development agreement for SouthFork Village 3rd Addition. 6 • , CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 14. Daryl Morey gave a background of conditional use permit No. 88-08 granted to Enggren's Inc. on August 1, 1988, to allow an off-site parking lot at 20770 Holt Avenue. The conditional use permit gave the applicant one year to construct the parking lot. The City received a letter from Jerome Enggren dated August 16, 1989, requesting extension of the conditional use permit for one year to allow additional time to determine possible future downtown development. Councilmember Harvey pointed out that according to the Zoning Ordi- nance, a conditional use permit automatically expires one year after issuance, and a request for extension of the permit is necessary before the expiration date. Since that did not take place, and the applicant allowed CUP 88-08 to expire, there is no extension to consider at this time. Jim Robinette suggested the staff ask Mr. Enggren to refrain from parking vehicles on that lot and ask that he re-apply after January 1st, at which time City Hall will have moved to its new location. The downtown area could be monitored at that time to determine parking demands. 89.398 Motion was made by Harvey, seconded by Sindt to take no action on conditional use permit No. 88-08 for Enggren's Inc., as the permit expired on August 1, 1989. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 89.399 Motion was made by Enright, seconded by Nelson to authorize staff to request Mr. Enggren refrain from parking vehicles on 20770 Holt Avenue, and monitor the area following the departure of City Hall employees from the current downtown location. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 15. Jim Robinette presented the final plat of Shady Oak Shores 2nd Addi- tion, which had not been changed from the previously approved prelimi- nary plat. He informed the Council that all fees had been paid by the developer, Al Herrmann. 89.400 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 89-148 approving the final plat and development agreement for Shady Oak Shores 2nd Addition. 7 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 17. 89.401 Motion was made by Harvey, seconded by Sindt to receive a letter from William R. Block dated October 16, 1989, withdrawing his application for a conditional use permit for phase 3 development of North Creek Mobile Home Park. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 18. Roger Knutson informed the Council that Mr. Heino Benthin indicated in a telephone conversation that he accepts, and intends to sign, the Settlement Agreement for assessments to his two parcels of property for the Highview Avenue improvements, Project 88-2. 89.402 Motion was made by Sindt, seconded by Nelson to approve the Settlement Agreement with Heino and Brigitte Benthin for assessments against two parcels of property for Highview Avenue improvements, Project 88-2. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.403 Motion was made by Harvey, seconded by Nelson to approve Settlement Agreements with the following property owners for assessments to their property for the 172nd Street improvements, Project 88-1: .Edward S. and Cynthia L. Friermuth Oral and Beverly Oberlander Mary Kaye Holasek and Jean E. Thompson John Williams and John Hanson Mark A. and Erin E. Simunds Gerald and Lois Isvik Jeffrey & Janet Sharrock Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 20. 89.404 Motion was made by Harvey, seconded by Enright to receive applications for vacancies on the Economic Development Commission and interview applicants on Wednesday, November 8, 1989, starting at 7:15 p.m. at City Hall. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 8 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 16, 1989 Item 21. 89.405 Motion was made by Harvey., seconded by Nelson to set a special council meeting at City Hall on November 8, 1989, 7:00 p.m., to convene as the canvassing board to canvas the returns of the November 7th municipal general election. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.406 Motion was made by Harvey, seconded by Nelson to adjourn the Council meeting. Ayes, unanimous. Time: 9:47 p.m. Respectfully submitted, Charlene Friedges, City C1 rk Duane Zaun, M r 9