HomeMy WebLinkAbout08-01-88i ~ ;.~ ~ ~.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1988
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: Patrick McGarvey, City Administrator; Richard Rader-
macher, Chief of Police; Dennis Feller, Finance Director; Steve
Michaud, Parks and Recreation Director; James Robinette, Community
Development- Director; Roger Knutson, City Attorney; Bruce Robertson,
Administrative Assistant; and Daryl Zuelke and Darrell Schneider,
Consulting City Engineers.
Staff announcements: Consulting City Engineer Daryl Zuelke introduced
Keith Englesby, a new staff member of Donohue, to the City Council. Mr.
Zuelke stated that Mr. Englesby would be the new head of the Lakeville
office at Donohue Engineering.
The City Administrator handed out a draft plaque for Fire Station No. 3
and discussed items that were added to Other Business.
Citizen comments: Rick Ringeisen stated his concern over a feasibility
study of Italy .Avenue that may lead to the road's improvement. City
staff responded that they did not think that road would be improved in
the near future.
Tom Rees of 22300 Penn Avenue asked the Council to remove item 4h from
the consent .agenda.
Councilmember Harvey asked that item 20b be added to the consent
agenda.
Councilmember Nelson asked that item 4f be removed from the consent
agenda..
Councilmember Harvey asked that items 4b and 4d be removed from the
consent agenda.
88.323 Motion was made by Enright, seconded by Sindt to approve the consent
agenda as amended.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
88.324 Motion was made by Enright, seconded by Harvey to approve the claims
for..payment.
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• ~ i CITY OF LAKEVILLE COUNCIL MEETING
` AUGUST 1, 1988
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
88.325 Motion was made by Enright, seconded by Sindt to receive bids and award
the contract for 172nd Street improvement project to Valley Paving,
Resolution No. 88-91.
Roll call was taken on the motion, Ayes, Enright, Sindt, Nelson, Zaun.
Nay, Harvey.
Councilmember Harvey stated he voted NO because he didn't feel the
entire city should have to share in the cost of the project.
88.326 Motion was made by Enright, seconded by Sindt to table authorization of
a feasibility report for the improvement of Flagstaff Avenue from Dodd
Boulevard to Dodd Ridge until staff has a chance to review a previous
study on the project.
Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright,
Harvey.
At this time, Frank Kriz, representing the developer of the proposed
Orchard Lake Hills preliminary plat, made a presentation on the revised
proposed preliminary plat proposal. He stated that this latest version
of the proposal eliminated one lot on the north side of the plat.
Also, each lot in the plat was at least 14,500 square feet in size. He
concluded his presentation by describing grading and ponding concerns.
Significant Council discussion followed and involved concerns over
turning two lots into three in a part of the plat and building hnmes on
substandard soil.
88.327 Motion was made by Sindt, seconded by Enright to adopt Resolution No.
88-93 approving the findings of fact and not ordering an E.A.W. for the
Orchard Lake Hills project.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
88.328 Motion was made by Enright, seconded by Nelson to approve the alterna-
tive preliminary plat and PUD concept plan of Orchard Lake Hills
preliminary plat.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright.
Nays, Sindt, Harvey.
The motion failed due to a lack of a 4 to 1 vote.
88.329 Motion was made by Sindt, seconded by Harvey to approve the alternative
preliminary plat and PUD concept plan of Orchard Lake Hills preliminary
plat with the condition of elimination of the subdivision in block 1,
creating three substandard lots from existing conforming platted lots.
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• ~ CITY OF LAKEVILLE COUNCIL MEETING
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AUGUST 1, 1988
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey.
Nay, Nelson.
Councilmember Nelson stated he voted NO because he supported the
proposal approved by the Planning Commission.
At this time, the Council opened discussion on a proposed ordinance
revising Section 9.2 of the zoning ordinance concerning the temporary
use of motor homes. The Council expressed concern that approval of
this ordinance might lead to abuse by other organizations. The options
of sunsetting the ordinance after 90 days and local congregation
members allowing the construction workers to stay in their homes as an
alternative to living in mobile homes were discussed.
Vern Lusted, the pastor of Messiah Lutheran Church, appeared before the
Council and stated the reason the retired laborers need to be housed on
site in mobile homes was to keep transportation costs down and for
security considerations necessary because the proposed church is to be
located in an isolated neighborhood. He went on to state that he has
been involved in assisting retired laborers build churches in 12
different cities and has never been turned down by a City Council. "Why
should Lakeville?"
88.330 Motion was made by Enright, seconded by Sindt to approve adoption of
Ordinance No. 349 revising Section 9.2 of the zoning ordinance concern-
ing the temporary use of motor homes.
Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun.
Nay, Harvey.
Councilmember Harvey stated he voted NO because of concern over abuse
of this ordinance by other parties. He went on to state that he would
like this ordinance to be put on the council agenda on November 7 for
re-evaluation.
88.331 Motion was made by Enright, seconded by Sindt to approve the applica-
tion of Messiah Lutheran Church for a conditional use permit for
volunteer laborers to live temporarily on church site during construc-
tion.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
88.332 Motion was made by Harvey, seconded by Nelson to table discussion of
the application of Bridlewilde Joint Venture's Shady Oak Shore to
rezone from R-2 to B-3 and B-4 at the corner of Cedar Avenue and Dodd
Boulevard until the developer appears at the council meeting.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1988
At this time, Steve Michaud, Director of Parks and Recreation, made a
short presentation on establishing equestrian trails in Ritter Farm
Park. He stated that he had discussed the issue with Councilmember
Nelson in depth and his areas of concern had been covered. He went on
to discuss concerns over private access to the park by horseback riders
and a schedule for sign installation.
88.333 Motion was made by Nelson, seconded by Harvey to approve Ordinance No.
348 creating an equestrian trail in Ritter Farm Park with the require-
ment that private property owners next to .the park who. allow private
access to the equestrian trail will be required to provide adequate
signs on the park side identifying the property as private.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
88.334 Motion was made by Harvey, seconded by Enright to approve the condi-
tional use permit application of J and J Holding Company for outside
sales,
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
John Enggren of J and J Holding Company complained to the Council about
the large planning fees that were charged to him for the conditional
use permit review completed by the City's consultant planner to obtain
approval to construct a simple $900 fence. He suggested the City hire
an in house City Engineer and Planner as soon as possible.
88.335 Motion was made by Harvey, seconded by Nelson to approve plans and
specifications for interim Highview upgrade, improvement project 88-2,
and to authorize bids for August 11, 1988.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
88.336 Motion was made by Enright, seconded by Nelson to approve the applica-
tion of Enggren's Inc. for a conditional use permit for an off site
parking lot with two curb cuts at the northeast corner of Holt Avenue
and 208th Street.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
88.337 Motion was made by Enright, seconded by Nelson to approve Resolutions
No. 88-94, 88-94A and 88-94B approving the final plat of Highview
Heights 1st Addition, Highview Heights 2nd Addition and Highview
Heights 3rd Addition and a minor comprehensive plan amendment to
include the plats in the 1990 Urban Service Area and to authorize the
mayor and clerk to sign the development agreements.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1988
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
At this time, three representatives of Fortune Realty, Inc. made a
presentation on the preliminary plat and planned unit development of
Lakeway Park. They stated the development would be located west of
Highway 50 and north of 188th Street. A PUD concept for this property
was. approved by the City Council eight years ago. The current proposal
is substantially in conformance with was approved eight years ago. The
project would consist of a combination of apartments, duplexes and
offices. Council discussion followed and involved concerns regarding
plat access and traffic concerns.
88.338 Motion was made by Harvey, seconded by Sindt to approve the application
of Fortune Realty, Inc. for the preliminary plat and planned unit
development of Lakeway Park subject to all outstanding accounts being
brought current, and to include the recommendations of the Planning
.Commission.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
At this time, Mayor Zaun opened the public hearing. on the assessment of
County Highway upgrade of the Dodd Boulevard, 160th Street and Pilot
Knob intersection. The City Clerk attested to the legal notice. Daryl
Zuelke made a presentation on the project utilizing a set of slides.
He stated this is a county road project designed by the Dakota County
Highway Department. The cost of the project would be split between the
City and County in a 45-55 split. He went on to describe the zoning of
adjacent property and gave a breakdown of project costs. The City
Administrator described the City's assessment policy.
88.339 Motion was made by Harvey, seconded by Sindt to close the public
hearing.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
88.340. Motion was made by Harvey, seconded by Sindt to adopt Resolution No.
88-95 ordering the project, with the stipulation that the County will
have utility line sleeves installed under Dodd Boulevard at the
direction of the City .Engineer, and the project include an 8' wide
asphalt trail along the south side ditch of County Road. 46 from Dodd
Boulevard to Excel Way.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
88.341 Motion was made by Harvey, seconded by Sindt to approve the cooperative
agreement with Dakota County for the Dodd Road/County Road 46 and 3
intersection improvements with the additions and conditions as stated
in motion 88.340.
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' CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1988
.Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
At this time, Mayor Zaun opened the public hearing on the vacation of
streets in Club Park Addition No. 1. The City Clerk attested to the
legal notice.
A representative of the developer appeared before the Council and
stated this action was necessary to make some corrections in the
vacation of some of the old platted. streets in the Club Park Addition
No. 1 now being platted as Lake Villa Golf Estates 1st and 2nd Addi-
tions.
88.342 Motion was made by Enright, seconded by Nelson to close the public
hearing.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
88.343 Motion was made by Nelson, seconded by Enright to adopt Resolution No.
88-96 vacating old platted streets in Club Park Addition No. 1.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, 8indt.
88.344 Motion was made by Sindt, seconded by Nelson to table approval of the
application of the City of Lakeville for a revision to the zoning
ordinance Section 9.6 concerning swimming pool regulations, until staff
.has a chance to review the ordinance. for contradictions in language.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
At this time, Robert Pulscher ~f Springsted, Inc., the City`s bond
consultant, made a presentation concerning the financing of the new
city hall, off-sale liquor store No. 3, the payoff of the radio
building at the Dakota Heights water tower and the 76 acre tract of
land at County Road 70. He stated that $2,356,000 in funds be avail-
able through bond defeasance for use in the largest proposed. project -
a new city hall. He went on to say even by defeasing our older bonds
for the $2.3 million, the City would not be putting itself in financial
jeopardy in paying future bond payments because of the excellent
financial condition of the City.
Councilmember Harvey stated he felt this is a "win-win" situation with
the opportunity to build a new city hall with available funds and not
having to sell bonds .and raise taxes.
Councilmember Nelson stated that the City has been working towards the
financing and construction of a city hall for 10 years and now from
defeasing these bonds, a new city hall can now become a reality.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1988
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Councilmember Harvey stated we should make a strong effort to inform
the residents of Lakeville about the bond defeasance proposal to
finance the City Hall so they can make informed comments to the Council
regarding the City Hall financing options before any final decision is
made.
88.345 Motion was made by Enright, seconded by Sindt to receive the report
from Springsted, Inc. and the finance director on the proposed financ-
ing of the City Hall.
Roll call was taken on the motion.. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
88.346 Motion was made by Sindt, seconded by Enright to set a work session for
Monday, August 8 at 7:00 p.m. in city hall for review of requests from
on-sale liquor store employees.
Roll call was taken on .the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Motion was made by Enright, seconded by Nelson to approve the labor
agreement with Teamsters Local 320 and the maintenance department
employees for 1988, 1989 and 1990.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
At this time, Director of Parks and Recreation Steve Michaud made a
presentation on the conceptual building plans for two park shelter
buildings to be located in North Park and Foxborough Park. He stated
the Park and Recreation Committee had reviewed the building plans for
two park shelter buildings at their meeting last week. He went on to
describe the size, cost and uses of the two buildings.
88.347 Motion was made by Enright, seconded by Sindt to approve the stipula-
tion agreement amendments approval with Winsor Grain for the park. plaza
project, subject to approval of the City Attorney.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
88.348 .Motion was made by Harvey, seconded by Sindt to approve the award of
the contract for the park plaza to Rocon Construction, subject to final:
execution of the contract.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
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' CITY OF LAKEVILLE COUNCIL MEETING
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AUGUST 1, 1988
88.349 Motion was made by Harvey, seconded by Enright to receive the letter of
resignation from Steven Sindt from the Cable Commission and to direct
staff to forward a letter to Mr. Sindt thanking him for his service to
the community.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
88.350 Motion was made by Harvey, seconded by Enright to adjourn the Council
meeting.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Time: 10:20 p.m.
Res y s fitted,
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Patrick E. McGarvey, City
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Dune Zaun, Ma or
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CITY OF LAKEVILLE
AGENDA
COUNCIL MEETING
AUGUST 1, 1988
7:00 P.M.
Call to order.
Flag pledge.
1. Roll call.
2. Staff announcements.
A. Attorney
B. Engineer
C. Administrator
3. Citizen comments.
4. Consent agenda.
a. Approval of the minutes of the July 18, 1988, council meeting.
b. Approval of the claims for payment.
c. Receive the minutes of the following advisory committee meetings:
Planning Commission, July 21, 1988
Park & Recreation Committee, July 20, 1988
Natural Resources Committee, July 19, 1988
d. Receive bids and award contract for 172nd Street Improvement Project
88-1.
e. Approve change order No. 1 for Cedar Avenue/NEI Improvement Project
87-20 in the amount of $3,356.00.
f. Authorize feasibility report for the improvement of Flagstaff Avenue
from Dodd Boulevard to Dodd Ridge Addition.
g. Approve plans and specifications for Lakeville Commercial Center,
Improvement Project 88-9, and authorize bids to be taken on August
25, 1988.
h. Approve plans and specifications for interim Highview upgrade
Improvement Project 88-2 and authorize bids to be taken on August
11, 1988.
i. Approve plans and specifications for High Pressure Watermain,
Improvement Project 88-11, and authorize bids to be taken on August
25, 1988.
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CITY COUNCIL AGENDA
AUGUST 1, 1988
j. Approve final pay request for the Hamburg Avenue overlay project,
87-8, to Preferred Paving.
k. Resolution amending the General Fund 1988 Budget.
5. Approval of the alternate preliminary plat and P.U.D. concept plan of
Orchard Lake Hills preliminary plat north of 168th Street.
6. Adoption of an ordinance revising Section 9.2 of the zoning ordinance
concerning the temporary use of motor homes as buildings.
7. Application of Messiah Lutheran Church for a conditional use permit for
volunteer laborers to live temporarily on church site during construc-
tion.
8. Application of Bridlewilde Joint Venture's Shady Oak Shore to rezone
from R-2 to B-3 and B-4 at the corner of Cedar Avenue and Dodd Boulevard
on the west side of Cedar Avenue.
a. Adoption of the ordinance.
9. Adoption of an ordinance establishing equestrian trails in Ritter Farm
Park and regulations for the use of the trails.
10. Approval of the application of J & J Holding for a conditional use
permit for outside sales at the east side of the City Hall building.
11. Approval of the application of Enggren's, Inc. for a conditional use
permit for an off site parking lot with two curb cuts at the northeast
corner of Holt Avenue and 208th Street.
12. Approval of the final plat of Highview Heights and a minor comprehensive
plan amendment to include it in the 1990 urban service area.
13. Approval of the application of Fortune Realty, Inc. for the preliminary
plat and planned unit development of Lakeway Park located west of
Highway 50 and north of 188th Street.
14. Public hearing on the assessment of the County Highway upgrade of the
Dodd Boulevard, 160th Street (Co. Rd. 46) and Pilot Knob intersection.
a. Attest to legal notice.
b. Presentation of the project by the City Engineer.
c. Questions and comments.
d. Motion to close, or continue, the public hearing.
e. Resolution ordering, or denying, the project.
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' ;. CITY COUNCIL AGENDA
AUGUST 1, 1988
15. Public hearing on the vacation of streets in Club Park Addition No. 1.
a. Attest to legal notice.
b. Presentation of the issue.
c. Questions and comments.
d. Motion to close the public hearing.
e. Resolution approving the street vacation.
16. Approval of the. application of the City of Lakeville fir a revision to
the zoning ordinance Section 9.6 concerning swimming pool regulations.
17. Receive report from Springsted, Inc. .and .the Finance Director on the
proposed financing for a new city hall, and bond defeasance.
18. Review requests from on-sale liquor store employees..
19. Approve .labor agreement with Teamsters Local 320 and the Maintenance
Department employees for 1988, 1989 and 1990.
20. Any other business.
a. Review plans for North Park athletic complex building and Foxborough
Park neighborhood park building.
b. Approve release of Lot 15, Block 3, Crystal Ridge Estates, and Lot
6, Block 2, Meadows West from their respective development con-
tracts.
21. Adjourn.
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