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HomeMy WebLinkAbout09-18-89 s ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 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, Sindt, Enright and Mayor Zaun. Absent: Councilmember Harvey. Also present: B. Erickson, City Administrator; K. Nelson, City Engineer; P. Farrell, City Attorney; D. Feller, Finance Director; L. Gustafson, Assessment Clerk; D. Gudmundson, Chief of Police; C. Friedges, Acting City Clerk. Staff Announcements: Attorney: none. Engineer: Keith Nelson presented a letter he received late in the day from the Dakota County Health Department in reference to the problems with existing on-site sewage systems in the Orchard Lake/Judicial Road area. Administrator: none. Chief of Police: Chief Gudmundson presented the police activity report for the month of August and explained that the new format provides year to date statistics. After briefly reviewing the monthly report, he brought specific attention to lengthy criminal records of burglary and forgery suspects who were apprehended by the Police Department last month. Presentations/Recognitions. Chief Gudmundson introduced a new police officer, Dennis King, and his wife Teresa, and briefly outlined Mr. King's background, education and experience with the Lakeville Police Department. Mr. King was sworn in by Chief Gudmundson and will officially join the department on October 2nd. Citizen Comments: Bob Brantley, 182nd Street, asked where the City stands on the oak wilt disease issue and recommended Lakeville implement a tree inspec- t-ion program similar to what is currently being followed in the City of Apple Valley. Staff informed him that a part time tree inspector is proposed in the 1990 budget. a CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Additions/Deletions to Agenda: Donna Turbes, 11978 175th Street requested item 7g, approving changes in assessments for seal coating, be removed from the consent agenda for further discussion. The council added item 11, appointments of City Clerk and City Treasurer to the consent agenda and removed item 7a, September 5th council meeting minutes. 89.355 Motion was made by Enright, seconded by Sindt to table approval of the September 5th council meeting minutes for clarification of motion 89.317 on page 6. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. 89.356 Motion was made by Sindt, seconded by Nelson to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. b. Claims for payment. c. Receive minutes of the September 6th Park & Recreation Committee meeting. d. Resolution 89-133 calling public hearing on assessments to improve- ment project 89-2, Judicial Road south of 185th Street. e. Agreement with Minnesota Department of Natural Resources for boat launch planks at Casperson boat launch. f. Change Order 4~2 with Penn-Co Construction, Inc. for North Park and Foxborough buildings in the amount of $240.88. Item 7g. Donna Turbes asked what area this assessment for seal coating covers, since she lives in District 3 but apparently did not receive a legal notice of the assessment hearing. Keith Nelson explained that there. are seven districts for sealcoating, District 3 being west of I-35 and north of 185th Street. All blacktopped city streets that are more than three years of age are sealcoated, and 50% of the costs are assessed to the abutting property owners. The assessment clerk was asked to check her file and contact Mrs. Turbes regarding the assess- ment hearing notice. 89.357 Motion was made by Enright, seconded by Nelson to approve changes in assessments for improvement project 89-6, District 3 sealcoating, as per the City Engineer's report dated September 12, 1989, as attached to these minutes. 2 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Item 8. Bob Erickson explained that the City Council had. interviewed the engineering firms of BRW, TKDA and OSM in an effort to engage the services of a second multi-disciplined professional civil engineering firm to serve the City. He stated that it was the general consensus of the council and staff that OSM (Orr Schelen Mayeron & Associates, Inc.) was the most capable of serving the community. Councilmembers stated their decisions were based on references from other communities who have worked with OSM, in addition to OSM's local office and highly qualified inspectors. 89.358 Motion was made by Enright, seconded by Sindt to approve and enter into a professional services agreement with Orr-Schelen-Mayeron & Associates, Inc. for general engineering services. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Item. ll. Bob Erickson explained that the City Council combined the positions of City Clerk and City Treasurer with the City Administrator's position about 15 years ago. During the search of a new administrator in the spring of 1989, the council felt it would be an appropriate time to separate the duties of the administrator, clerk and treasurer. Erickson and the council concluded that this change in administrative functions would be in the City's best interest. Mayor Zaun administered the oath of office to Dennis Feller, City Treasurer, and Charlene Friedges, City Clerk. (This item approved on the consent agenda.) Item 9. Keith Nelson briefed the council on the proposed final plat of Lynwood North 5th Addition located north of 175th Street. He indicated that the development contract has been signed by the developer, letter of credit has been received, and park, trail and engineering administra- tion fees have been paid. Staff recommends approval. Scott Johnson, developer, indicated that the final plat is identical to the previously approved preliminary plat in all aspects. 89.359 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 89-134 approving the final plat and development agreement for Lynwood North 5th Addition. 3 ' . • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Item 10. Keith Nelson presented an overview of the proposed Judicial Road improvement project to the council, which includes sanitary sewer, watermain and blacktopping of Judicial Road from 168th Street to 175th Street. A petition signed by 13 property owners requesting these improvements was received in June of 1989. The petition asked for an engineering study for the installation of city water, sewer, pavement and realignment of Judicial Road. A feasibility report had been prepared in 1976, but high costs and citizen opposition at the public hearing resulted in only the north- erly portion of Orchard Lake along 168th Street being improved. In 1981, improvement project 81-12 was ordered along Kodiak Avenue on the east side of the lake. In 1982, improvement project 82-3 was ordered along 175th Street on the south side of the lake. Keith Nelson explained that an informational meeting was held on the 14th of September in an effort to determine the property owners' interests in this project prior to a feasibility report being ordered by the City Council. He explained that if the report is ordered but the council does not proceed to order the improvement project, the City would have to cover the $10,000 cost of the report rather than assessing it back to the property owners. He also indicated that soil borings in this area would cost approximately $4,000. Nelson presented a large map showing the realignment of Judicial Road starting at 168th Street and proceeding south on Judicial Road using the existing road bed. The road would continue west on 170th Street, south on Linch Path and reconnect at Orchard Lake Beach. The pavement would then continue south on the existing Judicial Road and connect to 175th Street. Judicial Road would be vacated between 170th and Orchard Lake Beach providing the park with a single entrance and additional parking on the vacated portion of the road. Two lift stations would be required for the project, one being near 168th Street to serve the area north of 170th Street and one in Orchard Lake Beach to serve the area between 170th Street and 600 feet north of 175th Street. Engineering recommends the proposed sewer and watermain be installed along Linch Path north of Orchard Lake Beach and west of Judicial Road causing a double-sided benefit to be assessed for improvements and minimizing the impact of construction along Judicial Road adjacent to Orchard Lake. He indicated that the DNR had been contacted regarding the partial filling of some wetlands west of Judicial Road adjacent to the beach to construct utilities and a roadway connection to Linch Path. The DNR appeared to be receptive, with focus on eliminating the on-site septic systems. 4 ` ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Engineering had prepared a preliminary cost estimate for the project which included a total construction cost of $430,000; indirect (administrative) costs $150,000; and right-of-way costs $125,000 for a total assessable project cost of $705,000. Trunk costs of $105,000 for lift stations, force main and watermain oversizing would be financed by the City. The project could be assessed on a unit parcel basis, with most properties receiving one unit assessment; and the larger properties, which could be subdivided, would have a correspond- ing unit assessment equal to the number of buildable lots that parcel could support. Based on a preliminary analysis, there are an esti- mated 50 unit parcels which could be assessed. The City would assess itself two units for Orchard Lake Park. Keith Nelson recommended OSM be assigned to prepare a feasibility report on this project if the council wishes to proceed. Mayor Zaun outlined the letter received from the Dakota County Public Health Department concerning problems with the existing on-site sewage systems and contamination of shallow wells serving private residences along Judicial Road on the west shore of Orchard Lake. Mayor Zaun asked staff if there would possibly be funds available from the state since this situation poses a health problem. Bob Erickson stated there would be no state or federal grants avail- able for this project. There may, however, be block grant funds available for individuals who would be eligible based on income guidelines. He suggested the staff contact the Dakota County H.R.A. A senior citizen deferment would also be available to residents 65 years of age or older, and the assessments on these parcels would not have to be paid until the property is sold or the party passes away. 89.360 Motion was made by Sindt, seconded by Nelson to receive the letter from the Dakota County Public Health Department and the petition from property owners opposing the project, as attached to these minutes. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. Several residents in the audience spoke both for and against the proposed improvement project. Those individuals in favor of the project expressed concern over contamination to private wells and Orchard Lake. Septic systems are continually failing, and delaying the project will only increase the project costs. Residents also noted that improvements could increase their property values and allow them to develop land that is now vacant. Another desire was for a blacktopped street that would eliminate a severe dust problem in the summer months. 5 1 • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Residents opposed to the project voiced their concerns over the high costs and traffic safety issues that would result from this project being constructed. They also indicated they did not want to lose the natural beauty of this area by realigning the street and allowing the property to further develop with the availability of city utilities. Duane Olson asked why the failing septic systems cannot be repaired, and staff indicated the Minnesota Pollution Control Agency sets those regulations, which are very strict. The city has no authority to grant variances on PCA policies. Bob Erickson pointed out that the property in this area will continue to increase in value. The Health Department could, some day, insist that remedies be sought for the wells and septic systems in this area. Erickson recommended the staff spend more time to further define this project in greater detail and prepare a study in accordance with what the residents are requesting. The study could contain an assessment roll, grant qualifications and all of the issues discussed at this meeting. Keith Nelson suggested a more in depth study could be completed for consideration by the council at their November 20th meeting. Erickson further recommended the staff conduct at least one more resident meeting, with the consulting engineer present, to gain input from the residents on an individual basis. In an effort to determine just which septic systems are bad, Erickson suggested a red ,dye test could be taken on all systems. When asked. what alternative the residents would have if their septic system were shut down by the Health Department, staff indicated those residents would be required to pump and haul approximately every two weeks and would be required to drill a new well until city services are made available. 89.361 Motion was made by Sindt, seconded by Nelson to direct the city staff to further define the scope of the feasibility report for improvements to Judicial Road from 168th Street to 175th Street, conduct informa- tional meetings with the residents involved and return to the council with a recommendation no later than the 20th of November. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Item 12. Bob Erickson reviewed a resolution which would allow the membership of the Economic Development Commission to expand from seven to nine members. The resolution would also appoint the mayor as the ex- officio member and would change the meeting date to the fourth Tuesday of the month. 6 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 89.362 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 89-135 confirming and defining the purpose, responsibilities and terms of office for the Economic Development Commission. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. 89.363 Motion was made by Sindt, seconded by Nelson to extend the term of Gary Tushie to expire on January 1, 1992. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. 89.364 Motion was made by Nelson, seconded by Sindt to advertise for two openings on the Economic Development Commission for terms which will expire on January 1, 1992. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. 89.365 Motion was made by Sindt, seconded by Nelson to appoint Mayor Zaun as the ex-officio member of the Economic Development Commission. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Item 14. Bob Erickson explained that the purpose of this resolution is to allow the developer of the Southfork Village Apartments to proceed with Phase III development using the remaining bond money available from Phase II development. 89.366 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 89-136 authorizing the issuance and sale of multifamily housing revenue refunding bonds (Southfork Apartments Project-Phase II) Series 1989A and Series 1989B; authorizing the execution and delivery by the issuer of a loan agreement, bond purchase agreement, regulatory agreement and trust indenture and closing documents in connection therewith; and approving the form of certain ancillary documents. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Item 15. City Attorney Pat Farrell explained that the City's consulting engineers had investigated the 172nd Street area to determine the scope of the rehabilitation concerns, (sod and driveways). They determined that there were some legitimate problems with the restora- tion work, and the City contacted Friedges Landscaping and Valley Paving, who have agreed to re-sod, re-grade and sealcoat. 7 ' ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Mr. Farrell indicated that the staff met with some of the homeowners before this evening's council meeting in an effort to resolve the dispute of a reduced assessment for this project, and the matter could not be resolved. He stated the homeowners were informed that since the assessment roll had been adopted on the 11th of September, they have until the 27th of September to submit final appeals for consid- eration at the October 2nd City Council meeting. No action is required by the City Council at this time. Item 16. Pat Farrell explained that he had conversations with Julian Zweber since the September 11th assessment hearings regarding the property. owned by Clinton and Kathleen Zweber. He also stated that the Sexton and Benthin properties had been looked at, and it was his opinion that the assessments are valid and recommended the council approve. the assessments against the five parcels, including the Larson's, who are out of town at this time. The four property owners would have the right to appeal to the district court. 89.367 Motion was made by Enright, seconded by Nelson to receive a letter from Julian J. Zweber, representing Clinton A. and Kathleen 0. Zweber, dated September 18, 1989, as attached to these minutes. Mr. Zweber acknowledged that the notes in the margins of his attachments were written by him. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Mr. Zweber requested the council table this item until the October 2nd council meeting to allow time to discuss the matter with the Larsons and their attorney. Mr. Zweber challenged the council's assessment policy for this particular project, stating the council set a previous policy in May of 1988 when the feasibility report for this project was approved. He stated the council is currently assessing this project at the rate of $19.25 per front foot with no credit given for previous improvements, and that the May, 1988 feasibility report indicated a credit was proposed. Pat Farrell explained that the feasibility report was not a binding policy to grant the credit, and that the council has the legislative authority to adopt an assessment if they deem it appropriate. Bob Erickson stated he had researched the file on this project in an effort to gain some historical perspective and found no reference in the public hearing notice to a reduction that would represent a credit on this assessment. The credit, if granted, would have referred to the credit on what they were assessed per court order for the road, and not what the actual road cost was at the time of construction. 8 / • ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 Mr. Benthin asked why he has to pay the assessment for land that he does not intend to develop. Pat Farrell explained that the city has to take into account the development potential of the property, rather than what the current property owner plans to do with it. Keith Nelson explained that the City authorized credits be given for the frontage Mr. Benthin owns adjacent to the floodplain. He further stated that the area south of his existing house is low but is not considered in the wetland and is buildable. 89.368 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 89-137 adopting special assessments for Highview Avenue improvement project 88-2 for the Zweber, Larson, Sexton and Benthin parcels. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. Other Business. Bob Erickson explained that the city attorney negotiated a compromise settlement with representatives of LMCIT for the Queen Anne I lawsuit; and a check in the amount of $15,625.50 had been received. Staff recommends the council accept this settlement. 89.369 Motion was made by Sindt, seconded by Nelson to accept the settlement and check in the amount of $15,625.50 from LMCIT for the Queen Anne I lawsuit. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. 89.370 Motion was made by Sindt, seconded by Enright to take the M.A.C. agreement for watermain extension to the north building area of the Airlake Airport, located in Eureka Township, off the table for further consideration. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Councilmember Sindt recalled that the reason this item was tabled at the September 5th council meeting was that the City did not know what position Eureka Township is taking on this matter. Since the Septem- ber 5th meeting, Sindt contacted Cheryl Schindeldecker, Clerk of Eureka Township, who indicated the Eureka Town Board had adopted a motion stating the matter was between the City of Lakeville and M.A.C., and they supported the proposed watermain extension for fire protection in that area. Mayor Zaun stated he had also contacted Eureka Township and was told the same. 9 3 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 1989 89.371 Motion was made by Sindt, seconded by Nelson to approve an agreement for watermain design and construction with the Metropolitan Airports Commission to serve the north building area of the Airlake Airport for fire protection, and direct staff to develop a joint powers agreement with Eureka Township for maintenance of the water line. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Keith Nelson suggested the council authorize the County Highway Department to perform a traffic study at the intersection of Dodd Road and County Road 70. Chief Gudmundson indicated a recent fatality and another serious accident occurred at that intersection in the past week, and feels the intersection lacks lighting and signage. 89.372 Motion was made by Sindt, seconded by Enright to authorize the City Engineer to send a letter to the Dakota County Highway Department requesting a complete investigation of the intersection of Dodd Boulevard and County Road 70 and make recommendations for any poten- tial safety improvements. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. 89.373 Motion was made by Enright, seconded by Sindt to adjourn the council meeting. Ayes, unanimous. Time: 10:00 p.m. Respectfully submitted, Charlene Friedges, City Cle Duane Zaun, Ma 10