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HomeMy WebLinkAbout11-21-05 ~ • CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: .Council Members Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney;. S. Mielke, City Administrator; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; S. Strachan, Police Chief; D. Volk, Director of Operations & Maintenance; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the November 7, 2005 .City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided an engineering department update. ADMINISTRATOR: Mr. Mielke stated that while the Rochester Athletic Club (KPAC) has expressed a continued interest in developing an athletic facility at the corner of 185th Street and Dodd Boulevard, staff has received inquiries from other. potential providers. With the Council's. indulgence, City staff would like to explore other options prior to moving forward. The mayor and council members concurred. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the October Parks & Recreation Department monthly report. POLICE CHIEF: Chief Strachan presented the ,October Police Department monthly report. PRESENTATIONS/INTRODUCTIONS • CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Page 2 Chief Strachan and Captain Arvidson recognized Sergeant Brigham Strole and. his K-9 partner, Blue, who finished 14th place out of 109 teams entered in their first U.S. Police Canine Association National Competition. Video Producer Jim Schiffman was recognized for a recent Emmy Award he received from the National Television Academy -Upper Midwest Chapter, for the "Lakeville Kids and Government" program. Cable Coordinator Jeff Lueders introduced Video Producer Time Klausler. CITIZENS' COMMENTS None CONSENT AGENDA 05.100 Motion was made by Luick, seconded by Rieb to approve the consent agenda items. as follows: a: Claims for payment. b. Receive minutes of the following advisory committee meetings: • Planning Commission, November 3, 2005 • Parks, Recreation & Natural Resources Committee, November 2, 2005 • Telecommunications Commission, November 8, 2005 c. Kenrick Pond Development Contract Amendment and Assignment, of the Development Contract from Wakefield Properties, LLC to Commercial Property Development Corporation. d. Agreement for puppeteer services with Schiffelly Puppets. e. Resolution No. 05-198 accepting grant from the Minnesota Safety Council for child passenger safety training. f. Final acceptance of public utilities in Crossroads 1St Addition. g. Final acceptance of public utility and street improvements in Crossroads 2"d Addition. h. Final acceptance of public utility and street improvements in Crossroads 3rd Addition. CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Page 3 i. Final acceptance of public utility and street improvements in Crossroads 4th Addition. j. Resolution No. 05-199 adopting fee schedule relating to connection charges. k. Resolution No. 05-200 amending the Fire Relief By-Laws relating to pension benefits. I. Janitorial contract addendums with Marsden Building Maintenance and Osland Building Maintenance. m. Resolution No. 05-201 receiving bids and awarding contract for treated salt. n. Contract Addendum with RMR Services, LLC for meter reading. o. Conditional use permit amendment to allow the construction of an addition to a house with anon-conforming setback within .the Shoreland Overlay District of Lake Marion, located at 19567 Jersey Avenue. p. Special home occupation permit to allow a chiropractic office in a single-family residence located at 8871-163rd Street W. q. Special home occupation permit extension to allow a hair salon in a single-family residence located at 18024 Jay Court. r. Special home occupation permit to allow massage therapy in a single-family residence located at 20665 Hartford Way. s. TimberCrest 3rd Addition development contract addendum. t. Lease agreements with Williams Scotsman, Inc. for the rental of portable warming houses. u. Resolution No. 05-202 approving agreements and plans relating to IRS Code Section 125 and Health Reimbursement Arrangement Plans. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Page 4 ITEM 8 Dave McGillvray of Springsted presented the bid .results for the $5,430,000 General Obligation Street Reconstruction Bonds, Series 2005A. He announced that Moody's has upgraded the City's credit rating.. to "Aaa". Seven bids were received, and the lowest and best bid was from Harris N.A. at a true interest rate of 4.0582%. 05.101 Motion was made by Rieb, seconded by Wulff to approve Resolution No. 05-203 authorizing issuance, awarding sale, prescribing the form. and details and providing for the payment of $5,430,000 General Obligation Street Reconstruction Bonds, Series 2005A Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 9 Mayor Johnson opened the public hearing on the certification of delinquent utility accounts. The City Clerk attested to legal notice publication. Mr. Feller presented the list of delinquent utility accounts being certified to the County Treasurer/Auditor, which totals $72,385.13. This amount includes a $25 service charge and 18% interest. No interest is charged if the entire amount is paid within 30 days of adoption of the assessment. He explained that the City avoids the loss of revenue through bankruptcy by semi-annually certifying delinquent utility accounts to taxes. There were no questions or comments from the City Council or members of the audience. 05.102 Motion was made by Luick, seconded by Wulff to close the .public hearing on the certification of delinquent utility accounts. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. 05.103 Motion was made by Wulff, seconded by Rieb to approve Resolution No. 05-204 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected "with other taxes on said property. Roll call was .taken on the motion. Ayes, Rieb, Luick,. Bellows, Johnson, Wulff. CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Page 5 ITEM 10 Mayor Johnson opened the public hearing on proposed assessments for weed and grass removal. The City .Clerk attested to legal notice publication. Mr. Feller presented the proposed assessments for. two parcels of property located at 6692 Upper 163rd Court West and 17731 Jalisco Court. The total amount of the assessment is $773.20, which includes legal notice publication, administrative fees and interest. There were. no questions or comments from the City Council or members of the audience. 05.104 Motion was made by Wulff, seconded by Rieb to close the .public hearing on proposed assessments for weed and grass removal. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, .Rieb. 05.105 Motion was made by Bellows, seconded by Luick to approve Resolution No. 05-205 adopting assessments for weed and grass removal, Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 11 Drew Johnson, United Properties, requested Council approval-of the preliminary and final plat of Hoppe Marketplace 2nd Addition. Community & Economic Development Director Dave Olson presented the preliminary and final plat of Hoppe Marketplace 2nd Addition, along with a development and final stage planned unit development of two lots on one block and one outlot and the vacation of underlying drainage and utility easements. The property is located east of Kenwood Trail at Jubilee Way. He explained that the applicant is proposing to construct a 14,400 square foot two-story Remax real estate office building on Lot 1, Block 1. There are no plans for construction on Lot 2, Block 1, at this time. The building, design .and signage elements for Hoppe Marketplace 2nd Addition are consistent with the Hoppe Marketplace. and Argonne Village Planned Unit Development. The Planning Commission and staff recommend approval subject to 13 stipulations.. . 05.106 Motion was made by Bellows, seconded by Rieb to approve Resolution No. 05-206 approving the preliminary and final. plat and development and CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Page 6 final stage planned unit development of Hoppe Marketplace 2"d Addition and Resolution No. 05-207 vacating drainage and utility easements. Roll call was taken on the motion. Ayes,. Johnson, Wulff, Rieb, Luick, Bellows. ITEM 12 Associate Planner Frank Dempsey presented the application of Jerry's Yamaha for a conditional use permit for minor auto repair in the C-3, General Commercial District. The subject property is located at 8337- 210th Street. He explained that Jerry Tongen, representing Jerry's Yamaha, submitted a request for a conditional use permit to allow minor auto repair, accessory outdoor storage and a fence height greater than eight feet. The Planning Commission. held a public hearing on August 18, 2005 and tabled action on the conditional use permit request. The Planning Commission asked the applicant to provide additional information and revised plans to address concerns raised at the meeting. On November 10, 2005, the applicant's attorney submitted a letter on behalf of the applicant withdrawing the outdoor storage and fence height conditional use permit requests. On November 17, 2005, the Planning Commission considered the conditional use permit for minor auto repair. Without having received the requested information and revised plans from the applicant, the Planning Commission's motion to approve the conditional use permit failed on a 1-4 vote. Mr. Dempsey explained that Planning Department staff recommended approval of the conditional use permit subject to 22 stipulations. He explained that staff's recommendation is contingent upon receipt of revised plans by the applicant. He stated that the deadline for Council action on this conditional use permit request is November 24, 2005. The City Attorney has. prepared two sets of Findings of Fact (one for approval and one for denial) for the Council's consideration. Mr. Dempsey indicated that Mr. Tongen is currently occupying the subject property. Mr. Tongen was not present. 05.107 Motion was made by Luick, seconded by Rieb to adopt Findings of Fact and Recommendation and approve a conditional use permit for Jerry's Yamaha to allow minor auto repair. at 8337-210th Street, subject to 22 stipulations. Approval is conditioned upon the submittal and approval by staff of revised plans and security by December 30, 2005. Failure to comply with the December 30, 2005 date means the conditional. use permit is denied. CITY OF LAKEVILLE COUNCIL MEETING November 21, 2005 Page 7 Roll- call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. .UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, December 5, 2005 Council work session, November 28, 2005 Mayor Johnson adjourned the meeting at 8:13 p.m. Respectfully submitted, C_.. harlene Frie ges, Ci Clerk Robert D. Joh son, Mayor