HomeMy WebLinkAbout09-05-89
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 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: B. Erickson, City Administrator; R. Knutson, City
Attorney; K. Nelson, City Engineer; S. Michaud, Parks & Recreation
Director; J. Robinette, Community Development Director; D. Morey, Asst.
Community Development Director; D. Gudmundson, Chief of Police;
Charlene Friedges, Acting City Clerk.
Staff Announcements:
City Attorney: None
City Engineer: None
City Administrator: Bob Erickson informed the council that Carl
Wahlstrom, School District 194 Superintendent, has invited the City
Council to participate in a joint meeting with the Lakeville School
Board. The purpose of the meeting would be to discuss the proposed
bond referendum and site selection for a new high school. The council
suggested the 14th of September at 7:00 p.m. at the School District
administration building.
Citizen Comments:
Ms. Marcy Waritz, District 14 Representative of the Metropolitan
Council, addressed the City Council and asked them to feel free to
contact her at any time with concerns or questions they may have for
the Metro Council. The Council thanked Ms. Waritz for coming to
Lakeville and asked her to also feel free to contact them for any
assistance they may be able to provide to the Metro Council.
Mayor Zaun read a letter written by Jim Bassett to the Lakeville Police
Department thanking dispatcher Kathy Mahaney for her prompt and
courteous assistance in an emergency situation. The letter will be
forwarded to the Lakeville Police Department.
Additions/Deletions to Consent Agenda.
By consensus of the council, item 410 (ordinance repealing Ordinance
No. 374) was added to the consent agenda. Harvey requested removal of
the Planning Commission meeting minutes of August 17th for clarifica-
tion of a motion.
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CITY OF LAKEVILLE COUNCIL MEETING
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Consent Agenda.
89.311 Motion was made by Sindt, seconded by Nelson to approve the consent
agenda as amended.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
a. Approve minutes of the August 21, 1989, council meeting.
b. Approve claims for payment.
c. Receive minutes of the following advisory committee meetings:
- August 22nd Economic Development Commission
- (Removed from consent agenda)
- August 16th Park & Recreation Committee
- August 15th Natural Resources Committee
- August 15th Cable TV Board
d. Central Business District electrical project 88-20; approve final
payment to Total Construction & Equipment, Inc. and acceptance of
improvements.
e. Highview Avenue project 88-2; approve final payment to Northwest
Asphalt, Inc. and acceptance of improvements, pending receipt of
IC-134 Affidavit for Payment of State Taxes.
f. Improvement Project 87-25, 175th Street extension; approve final
payment to Richard Knutson, Inc. and acceptance of improvements.
g. Improvement Project 87-4, 165th Street extension; approve final
payment to Preferred Paving, Inc. and acceptance of improvements.
h. Lakeville Commerce Center project 88-9; approve final payment to
J.P. Norex and acceptance of improvements.
i. Approve Lakeville Jaycees beer license for September 16th Heritage
Festival.
j. Approve Downtown Business Association dance license for September
16th Heritage Festival.
k. Approve consultant agreement with John DuBois for communications
services for the new city hall.
1. Flagstaff Avenue project 88-19; approve Change Order No. 3, drain
file installation.
m. Acceptance of bid from Keys Well Drilling for 8,000 gallon water
pressure tank.
10. Approve Ordinance No. 388 repealing Ordinance No. 374.
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CITY OF LAKEVILLE COUNCIL MEETING
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Daryl Morey explained to the council that there had been a typo-
graphical error in the Planning Commission minutes of 8/17/89, motion
89.181 on Pg. 4, and the original has been corrected.
89.312 Motion was made by Harvey, seconded by Sindt to receive the amended
Planning Commission meeting minutes of August 17, 1989.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Item 8.
Jim Robinette introduced the preliminary plat of Meadow Brook. Mr.
Warren Isrealson, developer, described the proposed plat in detail and
explained that the reason for the smaller than standard size lots was
to provide a transition between the proposed Meadow Brook plat and the.
developments directly to the east and west, those being Dodd Ridge and
North Creek Mobile Home Park.
Mayor Zaun asked the developer what percentage of lots would fall below
the 11,000 square foot minimum lot size. Mr. Isrealson stated that the
average lot size is 11,971 square feet, with some falling below the
minimum lot size of 10,000 square feet.
Bob Erickson asked the developer if he planned to submit housing plans
that would contain home sizes compatible with these smaller than
standard size lots. Isrealson stated he was not aware of this require-
ment.
Councilmembers had questions and concerns about the proposed plat being
partially located in a flood zone. The staff reports indicated that
North Creek would be made deeper and wider to accommodate. drainage; and
Outlots A and B of the proposed plat are being dedicated for drainage
and floodway purposes.
Councilmember Sindt asked about the culvert in the North Creek area and
what impact the deeper, wider drainage ditch would have on it.
Keith Nelson explained that the culverts are in the third phase of
North Creek Mobile Home Park. They have not been installed at this
time and are under DNR review for proper sizing.
Councilmember Harvey asked if there would be sufficient drain file in
the streets, and Isrealson indicated the soils are all sandy and the
water table is down 10 to 13 feet. He anticipates no problems.
Bob Erickson referred to condition No. 5 in the planning consultant's
report of July 11th in response to .his previous question regarding
housing plans. The report states that the recommended approval of the
Meadow Brook subdivision and consequent PUD/CUP to allow selected lots
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CITY OF LAKEVILLE COUNCIL MEETING
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to fall below typical R-2 minimum lot size standards is contingent upon
submittal of housing plans to ensure all homes are visually and
functionally compatible with the proposed "undersized lots".
Mr. Isrealson acknowledged that conditional use permit requirement.
Councilmember Nelson raised a concern over pad elevations in a flood
plain area and whether the requirement that the basement floor ele-
vations be four feet above the highest known ground water table and one
foot above the 100 year flood protection zone would be enforced.
Jim Robinette stated that the engineering department will check
elevations before approving a grading plan. The inspection department
has also been instructed to compare the lot surveys with the grading
plan before issuing building permits.
The council questioned the proposed Flagstaff Avenue street improve-
menu and who would pay the costs. Keith Nelson explained that no
assessments for Flagstaff improvements are proposed for Meadow Brook
since this area lies in the floodplain.
Councilmember Harvey questioned the temporary paving of 170th Street
versus a permanent, longer lasting, improvement. Keith Nelson ex-
plained that the upgrading of this street is not presently in the
County's five year capital improvement program, and it may be 10 years
before it is improved.
89.313 Motion was made by Sindt, seconded by Enright to approve the prelimi-
nary plat of Meadow Brook and a planned unit development conditional
use permit with R-2 zoning, subject to conditions outlined in the
Planner's report dated 7/14/89, the Engineer's report dated 5/24/89 and
7/14/89 and the recommendations contained in the minutes of the Park
and Recreation and Natural Resources Committees.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
Item 9.
Keith Nelson explained the purpose of change order No. 2 to construct a
temporary 24 foot bituminous surface along 170th Street (County Road
58) from Flagstaff Avenue to 600 feet east. This would provide a
blacktop surface to the first phase street entrance of Meadow Brook. He
went on to explain that based on traffic studies in that area, the
County does not anticipate permanent improvement of 170th Street for
the next 10 to 20 years. The County has agreed to pay one third of the
cost for this change order. The developer of the Meadow Brook plat
has agreed to finance the remaining two-thirds and will provide a cash
escrow to cover the cost of this project and, therefore, the Meadow
Brook property owners will not be assessed.
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, CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 1989
Mr. Nelson pointed out that change order No. 3, which was previously
approved on the consent agenda, has no relation to this change order.
89.314 Motion was made by Harvey, seconded by Nelson to approve change order
No. 2 with Valley Paving on the Flagstaff Avenue project 88-19, for
temporary paving of 170th Street for the Meadow Brook plat.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
Item 11.
Daryl Morey explained that this street vacation was requested by Mr.
Brian Knoch, 16499 Judicial Road. Hirschy Lane is a 15 foot cartway
easement that runs between Judicial Road and Linch Avenue. Mr. Knoch's
concern was that the Hirschy Lane easement runs past and within 15 feet
of his house, and if this road was ever constructed, it would adversely
impact his home.. Morey stated that Mr. Knoch is also requesting the
vacation of Woodlake Drive (Linch Avenue), adjacent to Hirschy Lane.
The staff is currently reviewing the legal descriptions for the
proposed vacation, which will appear on a future council agenda.
The council raised some concerns about the vacation of these streets.
The City Administrator recommended the council table this item,
allowing the City Attorney to complete a title examination of Woodlake
Drive. He suggested the Council consider both street vacations at one
time.
The Council requested the City Attorney to provide them documentation
to determine exactly what portions of lots 47 and 48 Mr. Knoch owns.
89.315 Motion was made by Harvey, seconded by Sindt to table the street
vacation of Hirschy Lane until the City Attorney has reviewed the
vacation request, completed title examinations and has a recommendation
for the Council.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
Daryl Morey introduced the conditional use permit request of Trinity
Evangelical Free Church, located at 16165 Kenwood Trail, to allow
height of the proposed church addition to be built greater than the 25
feet allowed in the zoning ordinance. The zoning ordinance allows the
height to range from 37 to 43 feet by a conditional use permit. Mr.
Morey stated that the Planning Commission recommended approval with the
stipulation that the 90 degree visitor parking area adjacent to Klamath
Trail be striped and signed for parallel parking as soon as possible
and eliminated altogether at the completion of construction of the
church addition. A traffic safety concern (cars backing onto Klamath
Trail from parking stalls) prompted the Planning Commission to make
this stipulation at their August 17th meeting.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 1989
Representatives of Trinity Evangelical Church were present and stated
that the number of parking spaces on the site plan, including handi-
capped parking, actually exceeds zoning ordinance requirements.
89.316 Motion was made by Harvey, seconded by Enright to receive the findings
of fact from the Planning Commission and approve the conditional use
permit (No. 89-15) for building height up to 43 feet for the expansion
of Trinity Evangelical Free Church at 16165 Kenwood Trail.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
The City Administrator suggested the council may want to establish an
effective date on the condition of transforming 90 degree parking into
parallel parking. He suggested October 15th or November 1st.
Mr. Jim Gronvall of Trinity Evangelical Church stated they have
somewhat of a problem meeting this requirement, as they will lose
parking space during construction of the addition to their church. The
council and staff members discussed the concerns raised by the Planning
Commission regarding the safety hazard on Klamath Trail with the
current parking situation. They felt that although Klamath Trail is
not a heavy traffic area today, future growth in this area of Lakeville
will only add to the safety problem. The council felt that setting a
completion date of November 1st would allow the applicant ample time to
transform their 90 degree parking into parallel parking, with the
further stipulation that it be removed altogether prior to issuance of
a certificate of occupancy by the inspection department.
Mr. Gronvall also asked what the expiration date would be for this
conditional use permit, since the original conditional use permit to
allow the building expansion was approved on April 17, 1989.
89.317 Motion was made by Harvey, seconded by Sindt to adopt Resolution No.
89-124 establishing the expiration date of conditional use permits No.
89-07 and 89-15 for Trinity Evangelical Free Church to be September 5,
1990; and amending conditional use permit No. 89-15 to include November
1, 1989, as the completion date for transforming the 90 degree visitor
parking area adjacent to Klamath Trail into parallel parking.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Item 13.
89.318 Motion was made by Harvey, seconded by Sindt to honor the request of
the Grist Mill Company to withdraw their application for a conditional
use permit for off-site required parking due to their plans to expand
the corporate office, at which time the parking lot will also be
expanded.
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. CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 1989
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
Item 14.
Jim Robinette recommended this proposed zoning ordinance amendment
relating to air conditioning units in residential districts be referred
back to the Planning Commission for further study.
89.319 Motion was made by Enright, seconded by Sindt to table consideration of
a zoning ordinance amending relating to air conditioning units in
residential districts and refer it back to the Planning Commission for
further review and recommendation.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
Item 15.
Daryl Morey explained that this ordinance is proposed to amend the
subdivision section of the City Code pertaining to park land dedication
requirements. The proposed wording in this .ordinance would: change
the term "plat" to "subdivision", requiring a park and trail dedication
for administrative subdivisions as well as plats; require park and
trail dedications on administrative subdivisions and plats only within
the 2010 MUSA boundary; require administrative subdivisions and plats
to dedicate land and/or cash to both the Park and Trail Funds.
Mr. Morey further stated that at present all plats are paying park
dedication and trail fees; however, the current ordinance does not
require the payment of park dedication and trail fees in administrative
subdivisions. The council and staff feel that some developers are
.choosing to administratively subdivide property rather than go through
the platting process, in an effort to avoid payment of park dedication
and trail fees. All previously platted lots would stay in tact and
would not be required to pay park dedication fees unless the number of
lots increases.
89.320 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 389
amending Title Chapter 4 of the Lakeville City Code concerning cash
donations and land dedication requirements for parks.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
Item 16.
Roger Knutson described the proposed agreement allowing St. John's
Lutheran Church to run a sanitary sewer line, at its cost, on an
interim basis, from 8720 - 210th Street West to the basement at 8716
-210th Street West to connect to the sanitary sewer line at that
location. The line would be removed upon the sale of the property or
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CITY OF LAKEVILLE COUNCIL MEETING
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by June 1, 2000, whichever occurs first. The agreement also states
that the church releases the City from any claim for damage resulting
from a sanitary sewer backup on the property.
Glen Nord, attorney representing St. John's Church, asked what fees
would be involved for this hook up, and Jim Robinette stated that SAC
(Sewer Availability Charge) and connection charges would be required.
Expansion plans for St. John's Church would be discussed by the church
in the next six months, with anticipated completion in two years.
Bob Erickson stated that the church would have to pay the SAC charge
and would receive a credit upon the demolition of the building, which
could be applied toward the proposed future expansion. He stated that
the Metropolitan Council sets the SAC policy, and the City is required
to enforce that policy in this situation.
The council directed Jim Robinette to send a letter to the St. John's
Church officials explaining the Metro Council's sewer availability
charges and the City's sewer connection charges.
89.321 Motion was made by Enright, seconded by Harvey to approve the agreement
with St. John's Lutheran Church to run a sanitary sewer service line
from 8720 - 210th Street west to the basement at 8716 - 210th Street
West to connect to the sanitary sewer line at that location.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
Item 17.
Bob Erickson outlined the request of the Metropolitan Airports Commis-
sion for extension of a watermain to their north building area of the
Airlake Airport, which is located in Eureka Township. This fire
protection improvement project was initiated by the Lakeville Fire
Marshal in 1987. The watermain extension would be used solely for fire
protection. He recommended incorporating the issue of unpaid special
assessments for the Cedar Avenue improvements, which have been con-
tested by MAC since 1985.
Erickson stated he supports this agreement for the following reasons:
firefighter/public safety to an area where Lakeville provides fire
protection; improved bargaining with MAC on future issues; receipt of
50% of special assessments without agreeing to stipulation that all
payment of future assessments are exclusively at their discretion; and
the possibility that this settlement may enhance the City's chances (if
desired) to annex the portion of Airlake Airport that is located in
Eureka Township.
Councilmember Harvey stated his opposition to the proposed agreement,
stating that he feels MAC will tap into the water line and use it to
serve functions other than fire protection, further stating that the
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 1989
City would be setting a precedent with other neighboring jurisdictions
who use the Lakeville Fire Department for mutual aid. He stated that
MAC has a definite problem in Eureka Township as far as fire protection
is concerned, but that it is not the City's place to intervene. He
stated that at a Eureka Town Board meeting he had attended a year ago,
the Board did not take a position on this matter when it was brought to
their attention.
The council discussed the City's obligations to provide mutual aid to
Eureka Township, and other possible avenues available to MAC for
providing water to that location.
Mayor Zaun recommended the City request a recommendation from Eureka
Township on this matter, in an effort to maintain a good working
relationship between the township and city.
89.322 Motion was made by Harvey, seconded by Nelson to table the agreement
with the Metropolitan Airports Commission for extension of a watermain
to their north hangar area located in Eureka Township until Eureka
Township has had a chance to respond to this situation and advise the
City of their desires.
' Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Item 18.
Keith Nelson briefly went over the bids received for sanitary sewer,
watermain, storm water drainage facilities and street improvements to
phase one of Kingsley Cove, Project 89-7. He reported that the low bid
came in at $193,970.35 from Brown & Cris, Inc., with the engineer's
"estimate being $194,554.40. The City Engineer recommended award of a
contract to Brown & Cris subject to receipt of developer's security
(letter of credit).
89.323 Motion was made by Harvey, seconded by Sindt to receive the bids as
presented by the City Engineer for Project 89-7, improvements to
Kingsley Cove.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Sindt.
Item 19.
At this time, John Prins, developer of the Kingsley Cove plat, re-
quested an amendment to the development agreement, which states the
required security in Paragraph 14 of the agreement as a result of the
bids received on this project. The City Attorney had made some minor
changes in the wording of the agreement to address a matter concerning
Twin City Federal's funding of this project.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 1989
Mr. Prins went on to explain that a problem now occurs in one of his
lots where a street was not properly vacated by Dakota County, and a
problem exists with the county surveyor in regard to this matter.
89.324 Motion was made by Enright, seconded by Nelson to approve the amended
development agreement for Kingsley Cove.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
Item 20.
89.325 Motion was made by Harvey, seconded by Sindt to adopt Resolution 89-122
awarding a contract to Brown & Cris, Inc. in the amount of $193,970.35
for the Kingsley Cove Improvement Project 89-7, contingent upon receipt
of a letter of credit from the developer.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
Item 21.
89.326 Motion was made by Harvey, seconded by Sindt to approve a Settlement
and Release Agreement with Richard Knutson, Inc. for the Kenrick Avenue
sidewalk project, 84-19B.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
Item 22.
Steve Michaud presented the Master Plan for Ritter Farm Park. The
proposed development includes a nature oriented park with prairie
areas, a new trail system, nature center, and a redeveloped 1860
farmstead with a log cabin. This park would be special to Lakeville,
as well as the area south of the Minnesota River. He went on to state
that this plan ensures the preservation of the overall Ritter Farm Park
area in its natural state, which was the original intent of Ritter Farm
Park at the time of purchase.
89.327 Motion was made by Sindt, seconded by Enright to approve the Ritter
Farm Park Master (concept) Plan.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
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CITY OF LAKEVILLE COUNCIL MEETING
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Item 23.
The council voted, by ballot, on the five candidates for the Parks &
Recreation Advisory Committee. Mr. Erickson tallied the. results and
indicated that no candidate received a majority vote. Councilmember
Sindt said she would cast her vote for her second choice candidate, Mr.
Raymond.
89.328 Motion was made by Sindt, seconded by Nelson to appoint Mr. Ace Raymond
to the Parks & Recreation Advisory Committee.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
Item 24.
Bob Nelson questioned why the council is being asked to adopt a
resolution authorizing the use of this new electronic voting equipment,
when an article indicating we are intending to use them in November has
already appeared in the Life & Times on this issue.
The city clerk explained that this action is a statutory requirement,
and both council action and notification of the public must be done
before the 8th of September.
Betty Sindt asked about the replacement of a battery soldered into the
Optech III-P units, and Charlene said she would investigate.
89.329 Motion was made by Sindt, seconded by Harvey to adopt Resolution No.
89-123 authorizing the use of electronic voting equipment.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
An Optech III-P voting machine would be available for demonstration at
the conclusion of the council meeting.
Other Business.
Councilmembers briefly discussed the following items:
* Increasing the Economic Development Commission membership from seven
to nine members.
* Cedar Avenue "hotline" to Dakota County.
* Upper 164th Street project - November completion anticipated.
* Use of portable weigh scales in the area of 172nd Street.
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CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 5, 1989
89.330 Motion was made by Sindt, seconded by Harvey to adjourn.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
Time: 10:10 p.m.
Respectfully submitted,
Charlene Friedges, Actin City Clerk
D ane Zaun, or
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