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HomeMy WebLinkAbout12-16-96 • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16, 1996 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 Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; R. 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; C. Friedges, City Clerk. MINUTES The minutes of the December 2, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson requested an Executive Session of the City Council following this meeting for the purpose of discussing collective bargaining strategies. Chief of Police: Ghief Martens presented the November, 1996, Police Department monthly report. Parks & Recreation Director: Mr. Michaud presented the November, 1996, Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS None CITIZENS' COMMENTS Mr. Lowell Wagner, Wagner Corporation, asked the Council to consider an exemption of his property at the corner of Ipava Avenue and 175th Street from the recently adopted moratorium on motor fuel facilities so that they can CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 2 • proceed with the construction of their facility. He explained that plans were submitted to City staff in July. However, they had not submitted a formal application pending resolution of a lot line boundary matter. He stated they have had several meetings with City staff and had hoped to be under construction in spring, pending completion of a traffic study which was requested by staff. He stated he agrees with the concept of the moratorium; however, he requested that the Council consider exempting his property. Ms. Carol Kerl, 17541 Ionia Path, President of the Sanasha Knolls Townhome Association, stated the townhome association has spoke in direct opposition to fuel sales at the corner of 175th Street and Ipava Avenue since 1989. She stated she supports the motor fuel moratorium and does not feel that Mr. Wagner's property should be exempted. Mr. Erickson presented copies of a letter from Robert Hoff, 9785 Oak Shore Drive, requesting that his property located on Kenrick Avenue and 162nd Street be exempted from the moratorium on motor fuel sales. 96.196 Motion was made by Sindt, seconded by Mulvihill to receive the letter from . Robert Hoff, 9785 Oak Shore Drive. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. CONSENT AGENDA Councilmembers removed Item 7h from the consent agenda. Councilmembers added Item 11 to the consent agenda. 96.197 .Motion was made by Johnson, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. Receive November Investment Report. c. Receive minutes of the following advisory committee meetings: • Environmental Affairs Committee, December 3, 1996 • Economic Development Commission, December 3, 1996 • Parks & Recreation Committee, December 4, 1996 • Planning Commission, December 5, 1996 . • Stop Sign Policy Committee, October 22nd and November 26, 1996 • Ice Arena Advisory Committee, November 27, 1996 CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 3 d. Resolution No. 96-216 appointing depositories for 1997. e. Renewal of cigarette licenses for 1997. f. .Renewal of mechanical amusement device licenses for 1997. g. Renewal of mixed municipal solid waste and recyclable material .collector licenses for 1997. h. (Removed from consent agenda). i. Renewal of billboard licenses for 1997. j. Trunk storm sewer credits and park reimbursement for Cherryview 3rd Addition. k. Resolution No. 96-217 approving a gambling permit for the Lakeville Fastpitch Softball Association. L Receive application from Holiday Station: Store#504, 17280 Kenyon Avenue, for an off-sale 3.2 percent malt-liquor license and call a public hearing for January 6, 1997. m. Standard Service Agreement between the City of Lakeville and Dakota Pet Hospital for 1997. n. Agreement for Professional Planning Services with Northwest Associated Consultants. o. Agreement with South Forty Archery Club for the use of Ritter Farm Park archery range. p. Lease Agreement with Robert Berres #o farm approximately 10 acres on the east side of Aronson Park. q. Contract between Dakota County and Lakeville Police Department for family group conferencing services. r. Resolution No. 96-218 establishing rules and rental fees for the use of City park facilities, buildings and properties; and Resolution No. 96-219 . establishing rental policies and fees for use of Lakeville Senior Citizen Center. . CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 • PAGE 4 s. Approve carry-over of vacation leave for Lt. Greg Style. t. Site Lease Agreement with Sprint Spectrum L. P. u. Resolution No. 96 220 electing to change the method of calculation of tax increment for its Tax Increment District No. 15, pursuant to Minnesota .Statutes Section 469.177, .Subdivision 3(c). v. Resolution No. 96-221 electing to make a local contribution under Minnesota Statutes Section 273.1399 with respect to Tax Increment District No. 15, pursuant to Laws of Minnesota, Chapter 471, Article 7, Section 27. w. Resolution No. 96-222 calling a public hearing by the City upon the request of the Housing and Redevelopment Authority in and for the City of Lakeville on the proposed modification of the downtown redevelopment project and modification of the tax increment financing Districts No. 2 and 3 within the redevelopment project and the proposed approval and . adoption of modified redevelopment plan and tax increment financing plans relating thereto. x. Resolution No. 96-223 amending the employee handbook for employee insurance. y. Resolution No. 96-224 modifying the employee handbook for school conference and activities leave. z. Resolution No. 96-225 accepting a donation from Lutheran Brotherhood to the Senior Center. aa. Resolution No. 96-226 accepting the donation of a boarding dock from the Orchard .Lake Sportsman's Club and authorize staff to .purchase and install the dock at Casperson Park. bb. Resolution No. 96-227 accepting a donation from the Orchard Lake Sportsman's Club for youth special events. cc. Resolution No. 96-228 accepting a donation from the Eureka Sunshine Society to the Senior Center. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 5 dd. Resolution No. 96-229 electing to change the method of calculating the tax increment for its Tax Increment District No. 14 (Premoulded) pursuant to Minnesota Statute Section 469.177, Subdivision 3C (Fiscal Disparities). ee. Resolution No. 96-230 electing to make a local contribution under Minnesota Statutes Section 273.139 with respect to Tax Increment District No. 14 pursuant to the aws of Minnesota Chapter 471, Article 7, Section 27. ff. Final acceptance of utility improvements in Paradise Hills. gg. Change Order No. 2 with Bor-Son Construction for the Dakota :Heights Water Treatment Plant,: Improvement Project 94-2. hh. Final acceptance of street improvements in Golden Pond First Addition. ii. Change Order No. 3 with Ryan Contracting for downtown improvement project 94-1 L. • jj. Final acceptance of street improvements in Crystal take Golf Estates 5th Addition. kk. Trunk storm sewer credits for Hosanna Addition. II. Final acceptance and payment to Ryan Contracting for utility improvements in Fairfield Business Campus, Improvement Project 91-10. 11. Special home occupation permit for Nancy Guenther, 17431 Fieldcrest Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 7H Councilmember Holberg stated she feels she should. abstain from voting on the renewal of tree service operator licenses, as she and her husband own one of these businesses. 96.198 Motion was made by Sindt, seconded by Mulvihill to renew the tree service operator licenses for 1997. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 6 Roll call was taken on the motion. Ayes, Sindt, Mulvihill:, Johnson, Zaun. Holberg abstained. ITEM 8 Mayor Zaun opened the public hearing on the renewal of wine and/or 3.2 -percent malt liquor icenses. The City Clerk<attested to publication of the legal notice. Chief Martens stated renewal applications were received, from. the following establishments: • Pizza Hut, 10900-173rd Stree#: On-sale 3.2 beer • Golf Enterprises, 16725 Innsbrook Drive: On-sale wine and strong beer • Lakeville Chinese Restaurant, 17400 Kenwood Trail: On-sale wine and strong beer • Tak Shing Chinese Restaurant, 17709 Kenwood Trail: On-sale wine and strong beer • MegaStop, 21100 Kenrick Avenue: Off-sale 3.2 beer • Kwik Trip, 20187 Dodd Boulevard: Off-safe 3.2 beer • Lakeville SuperAmerica, 10812-175th Street: Off-sale 3.2 beer • SuperAmerica #4337, 16161 Cedar Avenue: Off-sale 3.2 beer The Police Department has reviewed ail renewal applications and. has no objection to the licenses being granted as requested for 1.997. There were no comments from the audience. 96.199 Motion was made by Johnson, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 96.200 Motion was made by Johnson, seconded by Mulvihill to grant the licenses as listed above. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 7 ITEM 9 Mayor Zaun opened the Truth in Taxation public hearing. Dennis Feller, Finance Director, provided an overview of the proposed 1997/98 budget. He explained that since the preliminary budget was adopted on September 16, 1996, adjustments have been made which resulted in a $22,000 decrease in the overall budget. Mr. Feller provided an overview of the proposed budget .(see memo from Dennis Feller dated December 16, 1996, on file in the City Clerk's office). He explained that truth in taxation laws require that adoption of the budgets and tax levy must take place at a subsequent Council meeting, which is scheduled for December 18, 1996. Mayor Zaun opened the hearing to questions and comments from the audience. Ms. Carol Kerl, 17541 Ionia Path, asked what the City is doing in the area of computers to prepare for the Year 2000. Danny Barth, MIS Coordinator, stated staff has been in contact with. the City's • major computer manufacturer, Gateway 2000, who is working on a software upgrade that will be shipped to the City free of charge. The City is also working with LOGIS and GIS software to solve most of the computer bio problems. 96.201 Motion was made by Holberg, seconded by Mulvihill to close the public Truth in Taxation hearing. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 10 Mr. Lyie Nash, representing Marell, Inc., requested Council approval of the preliminary plat of Kenridge and rezoning of fhe west half of the subject property from R-A to R-2. Mr. Morey presented the proposed preliminary plat of Kenridge, which consists of 145 single family residential lots on the east side of Flagstaff Avenue, south of 175th Street. The preliminary plat is proposed to be developed in two phases. He explained that the developer will be responsible for the full cost of street and utility improvements for this development, which includes the upgrade of Flagstaff Avenue to an urban street section adjacent to the preliminary plat boundaries. Mr. Morey pointed out that the Kenridge CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 8 preliminary plat is not a premature subdivision, because Marell, Inc. paid the full cost of the infrastructure improvements, including the upgrade of Flagstaff Avenue to an urban street section with a trail on the east side from 175th Street to the south boundary of the preliminary plat. A 100 foot wide Northern Natural Gas Company pipeline easement is located within the boundaries of seven lots. The area of the pipeline easement cannot be included in the required of area for these seven lots. All 145 lots in thepreliminary plat meet lot area, width and depth requirements. The Kenridge preliminary plat includes two outlots. Outlot A includes the Northern Natural Gas Company pipeline substation. Outlot B will be deeded to the City with the final plat of Phase I. The developer will construct a storm water management pond within Outlot B. Staff recommends approval of the preliminary plat of Kenridge and rezoning from R-A to R-2. Councilmember Sindt asked about the difference in elevation between this plat and the Countryview Mobile Home Park and whether the manufactured homes • will impacted by runoff. Mr. Ralph Wagner. of Probe Engineering, stated there will be less runoff to these homes after the development is completed than there is now. Councilmember Johnson.. asked how this property will be linked to the City's trail system. Mr. Morey explained that the developer will construct a trail on the east side of Flagstaff Avenue to 175th Street, with a crosswalk at that location. 96.202 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 592 rezoning property from R-A, single family agricultural residential district, to R-2, single. family residential district. RoN call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. 96.203 Motion was made by Holberg, seconded by Sindt to approve the preliminary plat of Kenridge subject to the planning reports dated November 27 and December 12, 1996. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, • Zaun. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 9 i ITEM 12 96.204 Motion was made by Sindt, seconded by Johnson to accept the resignation of advisory committee members Kevin Illa, Jerry Erickson, Bob Crumpton and David Luick. Roll call was taken on the motion.. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sundt. ITEM 13 Mayor Zaun explained that in reviewing the City's attendance policy for advisory committee members, the City Council felt it would be useful to appoint alternate committee members. Alternates would be asked to attend a committee meeting when members are needed to make a quorum. He stated the Council feels that alternates should be individuals. who have previously served on an advisory committee and are experienced and knowledgeable with the functions of that committee. 96.205 Motion was made by Mulvihill, seconded by Holberg to appoint David Luick as an alternate to the Planning Commission, Kevin Illa as an alternate to the Parks & Recreation Committee, Jerry Erickson as an alternate to the Economic Development Commission, and Bob Crumpton as an alternate to the Cable TV Board,. all for aone-year term expiring on January 1, 1998. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill UNFINISHED BUSINESS Councilmember Holberg suggested that a work session be scheduled following the special Council meeting on December 18th to discuss filling the current vacancies on advisory committees. NEW $USINESS Councilmembers discussed the requests of Mr. Hoff and Mr. Wagner for exemptions to the moratorium on motor fuel facilities. Mr. Erickson explained that formal applications had not been submitted for either the Hoff property or Mr. Wagner's property prior to adoption of the moratorium. An application had been submitted for a site at 160th Street and Ipava Avenue; however, it was returned to the applicant due to incomplete information. Mr. Erickson pointed CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16,1996 PAGE 10 out that neither of these proposals were at a point of holding neighborhood meetings, which is typically done early in the planning process. Mayor Zaun asked the Councilmembers if they would like to reconsider their previous decision to adopt a moratorium on motor fuel facilities. They did not wish to do so. ANNOUNCEMENTS .:Next regular Council meeting, January 6, 1897. 96.206 Motion was made by Sindt, seconded by Holberg to continue the December 16th Council meeting on December 18, 1996, following the special Council meeting scheduled at 7:00 p.m. The continuation shall take the form of a work session to discuss vacancies on the advisory committees. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. The meeting adjourned at 8:50 p.m. Respectfully submitted, Charlene Friedges, City Jerk Duane Zaun, M r •