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HomeMy WebLinkAbout10-06-97 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 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: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Perron, Liquor Manager; C. Friedges, City Clerk. MINUTES The minutes of the September 9, 1997, special Council meeting and the September 15, 1997, regular Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None Engineer: None Administrator: Mr. Erickson provided a revised certification list for Agenda Item 9 and an amended resolution for Agenda Item 12. Director of Operations & Maintenance: Mr. Volk presented the September, 1997, monthly Operations & Maintenance Department report. PRESENTATIONS/INTRODUCTIONS Jim Robinette, who recently retired, was recognized for his long-standing service to the City of Lakeville as Public Works Director, Community Development Director, Environmental Resources Director and Representative of the area Watershed Management Organizations. Comments were made by Bob Erickson and Bob Nicholson. Mayor Zaun read letters from County Commissioner Paul Krause and DNR Area Hydrologist Pat Lynch. The Mayor and Councilmembers presented a plaque to Mr. Robinette. Liquor Manager Judy Perron presented liquor fund contributions to School .Districts 192, 194 and 196 for use in chemical awareness education programs. She explained that since 1985 the City has been contributing 10% CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 2 of its net operating income from the liquor fund to each of the school districts, based on the number of Lakeville students in each district. Representatives from each school district received the following donations: ISD #192 (Farmington) $ 4,335 Bob Indersbe, Asst. Superintendent ISD #194 (Lakeville) $27,727 Carl Wahlstrom, Superintendent ISD #196 (Rosemount) $ 8,808 Don, Brundage, Prevention Coordinator Roger Knutson introduced Joel Jamnik, who was recently hired by the Campbell Knutson law office. Keith Nelson introduced Jason Wedel, Civil Engineer II/Engineer In Training. Councilmember Sindt read the proclamation for Cities Week. 97.168 Motion was made by Sindt, seconded by Mulvihill to proclaim October 5-11, 1997, as Cities Week in Lakeville. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. Councilmember Mulvihill read the proclamation for National Breast Cancer Awareness Month. 97.169 Motion was made by Mulvihill, seconded by Sindt to proclaim October as National Breast Cancer Awareness Month in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. Councilmember Holberg read the proclamation for Manufacturer's Week. 97.170 Motion was made by Holberg, seconded by Johnson to proclaim October 13 through 17 as Manufacturer's Week in Lakeville. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. CITIZENS' COMMENTS None. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 3 CONSENT AGENDA Councilmembers added Items 11 and 13 to the consent agenda. 97.171 Motion was made by Holberg, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Snowmobile Task Force, September 11th Meals on Wheels Advisory Committee, September 12th Environmental Affairs Committee, September 16th Parks & Recreation Committee, September 17th Planning Commission, September 18th Economic Development Commission, September 23rd c. Traffic Control Signal/Turnback Agreement with Dakota County for CSAH 50 between I-35 and T.H. 3 in Farmington. . d. Resolution No. 97-217 receiving bids and awarding contract for Klamath Trail multi-purpose trailway, Improvement Project 96-9. e. Resolution No. 97-218 approving plans and specifications and setting a bid date for rehabilitation of Well Pump No. 6, Improvement Project 97-21. f. Final acceptance of utility .improvements, Golden Pond Third Addition. g. Employment Agreement with Ron Mullenbach, Planning Assistant. h. Final acceptance of utility improvements, Rock Island Townhomes 2nd Addition. i. Grading plan for Phase 2 of Harris Acres. j. Final acceptance of utility and street improvements, 202nd Street, Improvement Project 93-12. k. Special assessment agreement with Paul Wachtler for Jaguar Avenue reconstruction, Improvement. Project 95-9. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 4 • I. Change Order No. 1 for Holyoke Avenue watermain extension, Improvement Project 97-17. m. Change Order No. 2 for Well No. 12, Improvement Project 96-10. n. Resolution No. 97-219 accepting donation from First National Bank to the Canine Program. o. Resolution No. 97-220 appointing election judges for the November 4, 1997, Municipal General Election. p. Resolution No. 97-221 receiving .bids and awarding contract for Point of Sale and Inventory Hardware, Software and Services for the Lakeville Municipal Liquor Stores. q. Resolution No. 97-222 declaring support for acquisition of unused Canadian Pacific (CP) Railroad corridor through Burnsville, Lakeville and Savage. r. Resolution No. 97-223 approving specifications and authorizing • advertisement for bids for a tractor with. attachments. s. Resolution No. 97-224 approving contract extension with Eureka Sand & .Gravel for snow removal services. t. Inspection and Maintenance Agreement with Yale, Inc. for Police Department HVAC system. u. Contract with Dakota County Community Corrections Department for Family Group Conferencing. v. Ordinance No. 614 amending Title 3, Chapter 8, of the Lakeville City Code concerning mixed municipal solid waste & recyclables collectors. w. Easement Agreement with NSP for Ritter Farm Park. x. Park Naming Policy dated October 3, 1997. y. Resolution No. 97-225 authorizing submittal of grant application to Dakota Partnership for Healthy Communities. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 5 z. Resolution No. 97-226 authorizing submittal of grant application to Metro Regional Arts Council 11. Conditional use permit for the Chart House Restaurant to allow an impervious surface area greater than 25 percent at 11287 Klamath Trail. 13. Set a special Council meeting for November 5, 1997, 5:00 p.m., to canvass results of the November 4, 1997, municipal general election. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 8 Dennis Feller presented a resolution authorizing the issuance of $5,480,000 .General Obligation Temporary Bonds., Series 1997A. He explained that the bonds will provide financing for County Road 46, (Improvement Project 91-3), Kingswood Estates, (Improvement Project 96-6), and Glacier Way, (Improvement Project 97-11). He further explained that the bonds have an October 1, 2000, maturity date. At that time, the bonds will be refinanced based on final construction costs and special assessment prepayments. Springsted Principal Ron Langness presented the bid results and recommended the sale of the bonds to FBS Investment Services, Inc. at 4.1481 °/D. 97.172 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 97-227 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $5,480,000 General Obligation Temporary Bonds, Series 1997A. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 9 Mayor Zaun opened the public hearing on the certification of delinquent utility accounts. The City clerk attested to the legal notice being duly published and mailed. Mr. Feller indicated that there are 228 accounts being certified, representing i $49,337.13 in delinquencies. In addition to certifying the amount delinquent, CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 6 the city also collects a $25 service charge to cover the cost of certification and interest at the rate of 18% for the period of October 6, 1997, to December 31, 1998. The total amount being assessed, including the service charges and interest, is $72,244.92. Mayor Zaun asked if there seem to be any particular trends with regard to the delinquencies.. Mr. Feller indicated that the number of delinquent accounts has decreased and represents the lowest dollar amount certified in two years. There were no questions or comments from the audience. 97.173 Motion was made by Johnson, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. 97.174 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 97-228 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County TreasurerJAuditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 10 Ms. Jil Ocel requested Council approval of a conditional use permit to allow the keeping of non-domestic animals at her home located at 17113 Frazer Path. Mr. Sobota explained that Ms. Ocel currently works as a wildlife educator for the Mall of American Camp Snoopy Wilderness Wildlife Show. The Mall of America is discontinuing the boarding and keeping of the animals, and Ms. Ocel wishes to continue her profession as a wildlife educator by keeping the animals in her home.. The Planning Commission held a public hearing on September 4th and tabled consideration of the conditional use permit application to allow the applicant to hold a neighborhood meeting. There was considerable opposition from the neighborhood residents, particularly with regard to the keeping of two Burmese pythons. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 7 • Mr. Sobota explained that Ms. Ocel had explored the opportunity to locate the animals in a space in downtown Lakeville, as opposed to her residence. Ms. Ocel later expressed that she was not interested in pursuing the downtown location. Staff had recommended that the two Burmese pythons be deleted from the list of allowed animals. Ms. Ocel did not wish to omit the snakes from her conditional use permit request. Mr. Sobota. explained that this issue is not a matter of Ms. Ocei's professional qualifications or credentials, but rather a land use decision based on the City's current ordinance and a matter of compatibility with the existing neighborhood. Staff had contacted Bloomington city officials, who indicated that this type of use would not be allowed in a residential area in that city. The Planning Commission had a tie vote on a motion to approve the conditional use permit as originally submitted by Ms. Ocel. Therefore, there is no recommendation being forwarded by the Planning Commission for this request. Staff is forwarding three alternatives for Council consideration: • Approve the conditional use permit with the Burmese pythons; • Approve the conditional use permit without the Burmese pythons; • Deny the conditional use permit as submitted and amended. Councilmember Sindt asked Ms. Ocel where her animal shows would be held. Ms. Ocel indicated she would have a contract with Camp Snoopy at the Mall of America and would possibly provide presentations at schools and daycare centers. Councilmember Johnson asked Ms. Ocel if she checked into any commercial areas such as animal hospitals or veterinary clinics for space to house her animals. Ms. Ocel stated she had checked a couple locations and they were not able to accommodate her. Mayor Zaun explained that in his review of the City's comprehensive plan and zoning ordinance, a conditional use permit may not be issued unless certain criteria are satisfied. He made the following comments: The .subject property is zoned for residential purposes. The proposed conditional use is for commercial purposes, which is inconsistent with the Comprehensive Plan. The proposed commercial use is incompatible with future land uses of the area CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 8 The proposed use violates the Lakeville Zoning Ordinance which provides, "animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located" A commercial dog kennel license required for the keeping of four or more dogs for commercial purposes is prohibited in the R-2 zoning district. The use proposed is more intense than a four dog kennel. Mayor Zaun further pointed out that a conditional use permit runs with the land is not personal to the applicant. The next owner of the subject property .may not be well trained in the management and care of such animals. He commended Ms. Ocel for following the proper procedures. He also commended City staff members for doing all they could to accommodate Ms. Ocel. Councilmember Mulvihill also commended the efforts and actions of Ms. Ocel and of those who supported and opposed this conditional use permit request. She stated she feels that what Ms. Ocel is doing with the animals is very commendable; however, she agreed that it was not appropriate in a residential area. Ms. Ocel stated she was aware that another resident who inquired as to the keeping of non-domestic animals in a residential area was told. in a letter by City staff that it was. a permitted home occupation. Mr. Erickson stated that the letter sent by staff was in error, and this resident will be notified of that. Ms. Ocel stated she was also aware of a resident who is already conducting a business with non-domestic animals in a residential area. Mr. Erickson stated he was not aware of that and will look into it. Councilmembers Holberg, Sindt and Johnson also indicated that they felt. Ms. Ocel's proposed use of her property is not compatible with the neighborhood. Mayor Zaun indicated to Ms. Ocel that the City Council and staff would do all they could to assist Ms. Ocel in finding a location for her animals. 97.175 Motion was made by Johnson, seconded by Mulvihill to approve a conditional use permit to allow the keeping of non-domestic animals in a residence located at 17113 Frazer Path. Roll call was taken on the motion. Ayes, none. Nays, Sindt, Mulvihill, . Holberg, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 9 • Conditional use permit request is, therefore, denied. 97.176 Motion was made by Sindt, seconded by Mulvihill to adopt the Findings of Fact and Decision regarding the application of Jil Ocel for a conditional use permit to allow the keeping of non-domestic animals in a residence located at 17113 Frazer Path. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 12 Mr. Feller presented a resolution calling a public hearing on the issuance of obligations for the improvement and construction of an indoor ice arena. He explained that in 1992, the City of Lakeville, Lakeville HRA, Independent School District 194, the Lakeville Community Corporation and Lakeville Hockey Association entered into a Memorandum of Understanding for the construction and operation of what is now Lakeville Ames Arena. In June of • 1997, the Lakeville Hockey Association submitted an application to the Minnesota Amateur Sports Commission (MASC) for a Mighty Ducks grant to construct a second sheet of ice adjacenf to Lakeville Ames Arena. The MASC rejected the application, because the law requires that all applicants be a public entity. Mr. Feller explained that the spirit of the Memorandum of Understanding. would remain intact. The second sheet of ice would be located immediately east of and attached to the primary arena and would cost approximately $2,125,000. Financing is proposed as follows: Bond issue $1,135,000 Mighty Ducks Grant 250, 000 Contributions from LHA & LCC 250,000 City/township contributions 250,000 !SD 194 225,000 Ice Arena Construction Fund 35,000 Total $2,125, 000 • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 1997 PAGE 10 • Mr. Feller explained that a public hearing on the sale of bonds would be held on Monday, October 20th. The anticipated project completion date is August 15, 1999. 97.177 Motion. was made by Johnson, seconded by Holberg to approve Resolution No. 97-229 calling a public hearing on the issuance of obligations for the improvement and construction of an indoor ice arena. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 14 97.178 Motion was made by Sindt, seconded by Mulvihill to hold City Council budget work sessions on November 12th and November 25th, from 5:00 to 7:30 p.m. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. 97.179 Motion was made by Holberg, seconded by Mulvihill to set a joint Council meeting with the Cities of Apple Valley, Burnsville, Eagan and Rosemount at the Burnsville Holiday Inn on October 16, 1997., starting at 5:30 p.m. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. UNFINISHED BUSINESS None NEW BUSINESS None Mayor Zaun adjourned the meeting at 8:40. p.m. Respectfully submitted, ~ - Charlene Friedges, City erk • Duane Zaun, May