HomeMy WebLinkAbout04-03-95 CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995.
The meeting was called to order at 7:00 p.m. by MayorZaun. The pledge of
allegiance tothe flag was given.
Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill,
Harvey and Mayor Zaun.
Also 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; D.
Morey, Planner; C. Friedges, City Clerk.
MINUTES
The minutes of the March 20, 1995, City Council meeting were approved with
one correction to motion number 95.40, adding the words "(phase one)".
. STAFF ANNOUNCEMENTS
Attorney: Mr. Knutson announced that the lawsuit against the City regarding
the proposed water tower in North Park has been disrnissed with prejudice. He
stated that under the terms of a previous agreement, the plaintiffs waived their
right to appeal the judge's decision.
Engineer: None.
Administrator: Mr. Erickson provided the Council with a certification deletion
list for agenda item number 10.
Police Chief Dave Martens announced that three persons have been taken into
custody in connection with a suspicious fire that destroyed the Winsor Plaza
addition early Friday.
Director of Operations ~ Maintenance: Mr. Volk presented the March
Department of Operations & Maintenance Monthly Activities Report.
Parks ~ Recreation Director: Mr. Michaud presented the 1994 Parks &
Recreation Department Annual Report.
C1TY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 2
PRESENTATIONS/INTRODUCTIONS
Mayor Zaun introduced Minnesota State Representative Ed Burrell, Finance
Director for the City of Roseville, who presented the Certificate of Achievement
for Excellence in Financial Reporting on behalf of the Minnesota. Government
Finance Officers .Association. Mr.-Burrell presented he Certificate of
Achievement to Lakeville Finance Direc#or Dennis Feller. Mr. Feller introduced
and recognized Charlotte Zurn, Accounting ClerklFinancial Secretary, .and
Donna Lott, Accounts Payable Clerk, for their special efforts and contributions
toward receipt of this Certificate.
Caron Hymel, Economic Development Specialist, introduced Ladonna Riste of
Dakota Electric Association and presented a certificate of appreciation on
behalf of the City of Lakeville to Dakota Electric Association for its generous
support. of the City's economic development efforts. She explained that Dakota
Electric contributed $3,491 for the printing of the new "Welcome. to Lakeville"
brochure, and funded the Manufacturer's Banquet last October.
CITIZENS' COMMENTS None.
CONSENT AGENDA
Councilmembers removed Item 7h from the consent agenda to allow staff an
opportunity to provide a brief overview of the proposed Improvement Project
93-12. Councilmembers.sdded Item 9 to .the .consent agenda
95.42 Motion was made by Harvey, seconded by Sindt to approve the consent
agenda items as follows:
a. Claims for payment.
b. Receive minutes of the following advisory committee meetings:
Planning commission, March 16, 1995
Parks & Recreation Committee, March 15, 1995
Environmental'Affairs Committee, 'March 14, 1995
c. Approve trunk watermain and storm sewer credits, Lynwood North 7th
Addition.
d. Final acceptance of utility improvements, Country Pond south 7th
Addition.
~ .
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 3
e. .Resolution No. 95-58 accepting donation#rom Dakota Electric Association
to the Economic Development Department.
f. Resolution No. 95-59 accepting donation from VFW Post 210 to the
DARE Program.
g. Resolution No~ 95-60 approving plans and specifications and setting a bid
date for North Park paving and landscaping for elevated storage tank,
Improvement Project 94-11 B.
h. (Removed from consent agenda.)
i. Final acceptance of utility and street improvements, Crystal Lake Golf
Estates 3rd Addition.
j. final acceptance of utility and street improvements, Crystal Lake Golf
Estates 4th Addition.
k. Resolution No. 95-62 designating Jacquard Avenue as a Municipal State-
Aid roadway between 205th Street and 215th Street.
1. Resolution No. 95-63 supporting passage of the "Minnesota. Emerging
Communications Services Act of 1995".
m. Tree trimming and removal license for Randy's Tree Service.
n. Resolution No. 95-64 receiving .bids and awarding contract for two new
self-propelled pick-up sweepers.
a Resolution No. 95-65 approving stop signs on Griffon Trail at the
intersection of Harmony Path.
p. On-sale-non-intoxicating malt liquor license for the Lakeville Lions Club.
q. Temporary:. easement/drainage and utility easement for Raven Lake First
Addition.
r. Authorize use of Valley Lake Park by Twin Cities Model Boat Club for the
annual. Pan-O-Prog boat race.
s. Authorize use of Ritter Farm Park by South Forty Archery Club fora Pan-
• O-Prog archery shoot.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 4
t. Approve payment for trunk sanitary sewer oversizing, Homestead Creek
East 3rd Addition.
u. Labor Agreement between Gity of Lakeville and Teamsters Public & Law
Enforcement Employees Union, Local No. 320, 1995-1996.
9. Approve First Arnendment to Crystal Lake Country Club development
contract.
Rolf call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 7H
Mr. Nelson presented the feasibility report for Improvement Project. 93-12,
sanitary sewer, wa#ermain, storm sewer, street and trail improvements to
202nd Street West.: He stated the City received a petition in September, 1993,
from 13 residents requesting consideration of the installation of sanitary sewer
and watermain along 202nd Street West. Neighborhood meetings were held,
and SEH was authorized to prepare the feasibility report. The project, Mr.
Nelson explained, will include the closing of Juno Trail from 205th Street
northerly to the Barte property and the construction of amulti-purpose
bituminous trail on the existing gravel surface. The total estimated project cost
#or the. improvements is $688,800, of which $454,000 is proposed to be
assessed.
95.43 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No.
95-61 approving feasibility report and calling a public hearing for sanitary
sewer, watermain and street improvements to 202nd Street in Marion Heights,
Improvement Project 93-12.
Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 8
Mayor Zaun opened the public hearing on the application of Golf Enterprises,
Inc. for a wine and strong beer license at the new Crystal Lake Golf Course,
16725 Innsbrook Drive. The City Clerk attested to publication of the legal
notice.
Investigator Bill forbord stated background investigations were conducted on
the officers of Golf Enterprises, Inc., as well as the owners of the property,
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 5
"Crystal Lake Country Club, Inc. Mr. Forbord recommended that approval of the
license be contingent upon the issuance of a Certificate of Occupancy issued
by the Building Inspections Department for the club-house.
Jeff Hultgren and Damon Yackey, representing the applicant, were in
attendance.. There were no questions or comments from the audience.
95.44 Motion was=made by Johnson, seconded by Mulvihill to close the public
hearing.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
95.45 Motion was made by Harvey, seconded by Sindt to .grant a wine and strong
beer license to Golf Enterprises, Inc. for Crystal. Lake Golf Course, 16725
Innsbrook Drive, subject o the issuance of a certificate of occupancy by the
Building Inspection. Department for the club-house.
Roll call. was taken on the motion. Ayes, Mulvihill, Harvey, Johnson,. Zaun,
Sindt.
ITEM 70
Mayor Zaun opened the public hearing on the certification of delinquent utility
bills. The City Clerk attested that legal notices were duly. published and
mailed.
Mr. Feller presented the list of delinquent utility accounts, which totals
$45,164.68. He explained that in addition to certifying the amount delinquent,
the City includes a $25 service charge and 21 % interest. Mr. Feller stated a
letter has been received from James A. Mihalek, 10012-161st Street West,
objecting to the assessment. He recommended the City Council acknowledge
receipt of the letter and approve the resolution certifying the delinquent utility
accounts.
95.46 Motion was made by Harvey, seconded by Mulvihill to receive he letter from
James A. Mihalek, 10012-161st Street West (on file in the City .Clerk's office).
Ro11 call was taken on the motion. Ayes, Harvey,. Johnson, Zaun, Sindt,
Mulvihill
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 6
Mr. Mihalek stated he is not objecting to his responsibility to pay the bill, but
asked why he, as the property owner, was not notified of his tenant's
delinquent utility bill back in June when it first became delinquent.
Mr. Feller explained that in some situations, alandlord/tenant relationship is
not always obvious to the Utility Billing Department. He stated Mr. Mihalek
received notification of the delinquency after-his. tenants moved out and the
account was transferred to-his name. He stated that in similar situations,
landlords have chosen to take responsibility for the payment of utility bills,
collecting the charges from their tenants.
Councilmembers expressed empathy for Mr. Mihalek's situation; however, they
felt the City's long standing policy of the property owner being responsible for
payment of utility bills should prevail.
95.47 Motion was made by Johnson, seconded by Mulvihill to close the public
hearing on the certification of delinquent utility bills.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
95.48 Motion was made by Sindt, seconded by Mulvihill to approve Resolution.No.
95-66 certifying unpaid water, sanitary sewer, storm sewer and street lighting
charges to the County Auditor to be collected with other taxes on said property.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 11
Mr. Joel Cooper, representing Winkler Development, requested approval of the
.preliminary plat of Lakeview Estates.
Mr. Morey presented the preliminary :plat of :Lakeview Estates, which proposes
the :development of 400 single family residential lots. on the south side of 205th
Street, east of Kenrick Avenue. The plat is proposed to be developed in three
phases. He explained that Outlot A covers the portion of the proposed storm
water retention pond located in Lakeview Estates. Outlot B is designated for
future use as a 9.1 acre City park.. The City is currently negotiating .the
purchase of this land from Dale .and Frances Pexa. Outlot C covers the
existing wetland located in the southeast corner of the preliminary plat. Staff is
recommending that Outlots A and C be deeded to the City. Staff is also
recommending that Phases 2 and 3 be switched in order of development so
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 7
that the second traffic ou#let for the proposed subdivision can be available at
an earlier time. The developer has agreed to the change.
Mr. Morey stated that the developer has submitted a landscape and tree
preservation plan. Staff recornmends approval of the preliminary plat of
Lakeview Estates subject to 16 stipulations as recommended by the Planning
Commission.
Councilmember Sindt asked if the conservation easement is included in the iot
area and if a homeowner can remove trees from within that easement. Mr.
Morey stated the conservation easement is included in the lot area.. He further
stated that trees .can only be removed if they are found, by the City Forester, to
be diseased or dead.
Councilmember Johnson asked about the timeline for the future park site. Mr.
Michaud stated that staff hopes to acquire the property this year so that.
grading of the park land can be done in conjunction with grading of the
adjacent phases of Lakeview Estates.
Councilmember Harvey asked-if any house footings will be placed on
significant fill.. Mr. Cooper stated there are two or three lots that will require
two #o three feet of compacted fill
Councilmember Johnson asked what the price range of the fiomes is expected
to be. Mr. Cooper'stated the homes are expected: to be from $180,000 to
$300, 000.
Mr. Erickson recognized the cooperative efforts of both property owners,. Mr.
Winkler and Mr. Pexa, throughout the planning process.
95.49 Motion was made by Harvey, seconded by Mulvihill. to approve the preliminary
plat of 'Lakeview Estates.
Roll call was taken on he motion.: Ayes, Zaun, Sindt, Mulvihill, Harvey,
.Johnson.
ITEAA 12
Mr. Sobota presented the application of Faith Lutheran Church for a
conditional use permit amendment to allow a daycare facility serving more than
12 children at 16880 Cedar Avenue. The co-applicant is Mrs. Swarm Peris,
who will operate the day care.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 8
Mr. Sobota explained that the certificate of survey for the church identified a
65-foot encroachment of Dakota County right-of-way into the Faith Lutheran
Church property. The Dakota County Highway Department has agreed to
recommend vacating the excess right-of-way. Faith Lutheran Church has
agreed to pursue the vacation of the right-of-way and sign a shared access
agreement with Marcus Cable. The church has also agreed to sign a drainage
and utility. easement,
Councilmember Sindt asked if the church would be in violation of the
conditional use permit if the daycare provider is not properly licensed and what
steps the City should take to assure that the provider is licensed.
Mr. Sobota explained that the City has no jurisdiction over who is actually
operating the daycare, other than the fact that they must be operating under
the terms of the conditional use permit. It was pointed out that Condition 3a of
the conditional use permit requires that permits be obtained from the
Minnesota Department of Human Services prior to beginning daycare.
A discussion was held as to what agency (.State or County) issues daycare
licenses.
Councilmember Harvey suggested that Condition 3a be amended to read, "All
required permits shall. be obtained from all relevant jurisdictions prior to
beginning daycare."
95.50 Motion was made by Mulvihill, seconded by Sirtdt to receive the Planning
Commission's Findings of Fact and Recommendation and approve a
conditional use permit amendment for Faith Lutheran Church to allow a
daycare facility at 16880 Cedar Avenue, with: the amendment to Condition 3a
as recommended by Councilmember Harvey.
Rolf call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ITEM 13
The. City Engineer presented the two bids received for the construction. of an
elevated storage tank at North Park. The bids ranged from a low bid of
$1,261,000 submitted by CBl Na-Con,. Inc. to a high bid of $1,490,000.
submitted by Pitt-Des Moines, Inc. Mr. Nelson recommended the City Council
receive the bids and award a contract to CBI Na-Con, Inc.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 3, 1995
PAGE 9
Mr. Erickson provided. an overview of the proposed project schedule, with
painting of the tank anticipated to be completed by October 31, 1995,
assuming favorable weather conditions during the project.
95.51 Motion was made by Johnson, seconded by Mulvihill to approve Resolution
No. 95-67 receiving bids and awarding contract for the construction of an
elevated storagetank at North .Park, :Improvement. Project 94-11.
Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEM 14 .
Mayor Zaun presented a draft resolution requesting termination. of the State of
Minnesota Local Government Aid (LGA). He questioned the Minnesota
Legislative Commission's (MLC} position on this issue.
Mr. Erickson explained that most MLC cities receive no LGA, however,. they
are concerned with the current formula and corresponding inequity and would
like to see it changed.
Councilmember Johnson questioned whether Lakeville gains anything by
..taking the lead in this issue, recognizing that no action is likely to be taken
during the current legislative session.
Councilmember Sndt was concerned that the termination of LGA and/or HACA
will be absorbed in the Omnibus Tax Bill, and Lakeville residents will not see
any corresponding benefit on their property tax statements. She was also
concerned that the Legislature will change the LGA distribution formula prior to
the five year phase-out.
Councilmembers agreed#hat the resolution should be amended to read,
"..,(LGA) be terminated in a phased,. planned,. consistent manner over the next
five years".
95.52 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No.
95-68 concerning State of Minnesota Local Government Aid, with the wording,
"...(LGA) be terminated in a phased, planned, consistent manner over the next
five years"
Roll call was taken. on the motion. Ayes, Harvey, Zaun,. Sindt, Mulvihill. Nay,
• Johnson.
CITY OF LAKEVILLE COUNCIL. MEETING
APRIL 3, 1995
PAGE 10
Councilmember Johnson stated he prefers to wait until there is something on
the table in St. Paul, when legislators can represent the City at that time. He
stated he agrees that LGA should be terminated; however, he felt this may be
the wrong time to go about this.
UNFINISHED BUSINESS
Mr. Erickson announced that a special recognition will be planned for the April
17th Council meeting to honor all persons who provided assistance in the
Winsor Plaza addition fire.
NEW BUSINESS
95.53 Motion was made by Mulvihill, seconded by Sindt to set a Council work session
for Tuesday, April 25, 1995, at 7:00 p.m.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ANNOUNCEMENTS
Next. regular Council meeting, April 17, 1995
Special Council meeting {Board of Review), April 11, 1.995.
Mayor Zaun adjourned the meeting at 9;00 p.m.
Respectfully submitted,
Charlene Friedges, i Clerk
Du ne Zaun, Maya