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HomeMy WebLinkAbout06-06-94 ~ i~ ~ • CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1994 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag as given. Roll call was taken. Present: Councilmembers Johnson, Sindt, Harvey and Mayor Zaun. Absent: Councilmember Mulvihill 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. Gudmundson, Chief of Police; D. Morey,. City Planner; F. Qempsey, Associate Planner; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. MINUTES The minutes of the May 16, 1994, City Council meeting were approved as .presented. • STAFF ANNOUNCEMENTS ATTORNEY: None.. ENGINEER: None. ADMINISTRATOR: Mr. Erickson provided a memorandum written by the Public Works Director outlining the speed limits which have been established by the .Minnesota Department of Transportation for Highview Avenue. 94.99 Motion was made by Harvey,. seconded by Sindt to acknowledge receipt of the memorandum dated June 3, 1994,. from the Public Works/ Environmental Resources Director regarding Highview Avenue speed limits. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Harvey. Mr. Erickson asked the Council to consider removing items 7g and 7h from the consent agenda and. table these items until the next regular Council meeting to allow more time for nearby residents to be notified of the upcoming events and express any concerns they may have. Mr. Erickson also asked the Council to consider removing item 7n from the consent agenda so that staff can provide additional information. • ~ . CfTY OF LAKEVLLLE COUNCIL MEETING JUNE 6, 1994 PAGE 2 Mr. Erickson asked the Council to consider, under Unfinished Business, a conditional use permit request for Roger & Jane Gilb. Mr. Erickson asked the Council to consider,. under New Business, a resolution calling a public hearing to es#ablish TIF pistrict No. 14 for Lakeville Premoulded Products, lnc. PRESENTATIONS/INTRODUCTIONS Dennis. Feller, Finance Director, introduced Accountant, David Lang. Carl Rice, Street Superintendent, introduced Steve Hinrichs, Street Maintenance II employee. Police Chief Gudmundson introduced six new members of the Lakeville Police I?eserve: Rob Cooper, Jim Douglas, Terry Craven, Shane Griffin, Mark Heimkes and Kathy Sherrard. Steve Michaud presented the 1993 Tree City USA Award to the Mayor and City Council CITIZENS' COMMENTS None. • CONSENT AGENDA Councilmembers removed items 7g, 7h, 7j and 7n from. the consent agenda. 94.100 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. Environmental Affairs Committee, May 17th Planning Commission, May 19th Parks & Recreation Committee, May 18th .Economic Development Commission, May 24th Cable TV Board, May 24th c. Approve change orders for Police Station expansion/remodeling project. d. Resolution No. 94-112 awarding ice arena fencing contract. CITY OF LAKEVILLE COUNCIL MEETLNG JUNE 6, 1994 PAGE 3 e. Renewal of cleaning contracts with Osland Building Maintenance and Polished Brass Cleaning Service. f. Resolution No. 94-113 authorizing sale of used computer equipment and vehicles. g. (Removed from consent .agenda). h. (Removed from consent agenda). i. Approve change order with Young Masonry for the ice arena project. j. (Removed from consent agenda). k. Authorize Vista Telephone .Company to bury overhead utilities along County Road 46 from Joplin to Ipava, Improvement Project 91-3. 1. Resolution No. 94-114 authorizing Barr Engineering to prepare plans and specifications for construction of Well .and Pumphouse No. 10, and trunk watermain extension, Improvement Project 94-9. m. Resolution No. 94-115 adopting the position classification and pay plan for exempt and non-exempt. positions and setting forth the policy for the administration of the pay plan. n. (Removed from consent agenda). o. Adopt Ordinance No. 525 amending Title 3 of the Lakeville City Code concerning liquor. p. Approve easement agreement with Richard an Susan Anderson and the Estate of Samson and Daisy Christie, Improvement Project 91-5. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Johnson. ITEMS 7G-H 94.101 Motion was made by Harvey, seconded by Johnson to table consideration of the extension of liquor and cabaret Licenses for the Chart House Restaurant and Babe's Sportsbar & Grill until the June 20th Council .meeting. Roll call. was taken on the motion. Ayes, Sindt, Harvey, Johnson, Zaun. .CITY OF tr41<EVILLE COUNCIL MEETING JUNE 6, 1994 PAGE 4 ITEM 7J Councilmember Harvey stated the work order estimate prepared by Dakota Electric Association for burial of overhead utilities is not consistent with the recently approved franchise in regard to total owning costs. ..94.102 Motion was made by Harvey, seconded by Sindt to table authorization of Dakota Electric Association to bury overhead utilities along County Road 46 from Joplin to Ipava and County Road 5, Improvement Project 91-3, until the. June 20th Council meeting. Roll call was taken on the motion. Ayes, Harvey, Johnson, .Zaun, Sundt. ITEM 7N Mr. Feller explained. that the City was unable to obtain a title for the 1979 Harley Davidson Motorcycle that was seized by the Police Department. Therefore, the vehicle must be sold for parts only, and the license number TAT2 must be deleted from the resolution. Councilmember Mulvihill arrived, 7:25 p.m. 94.103 Motion was made by Sindt, seconded by Johnson to approve Resolution No. 94-116 authorizing the sale of a vehicle, with deletion of the license number TAT2. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 8 Mayor Zaun opened the public hearing on District 7 sealcoating and overlay, Improvement Project 93-10. The City Clerk attested that legal notices were duly published and mailed. Mr. Nelson presented the proposed sealcoating/overlay project, which involves the southeast portion of the City (Airlake Industrial. Park). He explained that District 7 was last sealcoated in 1987, and the City's policy is to sealcoat public streets every seven years. In addition to this year's sealcoating, the it is proposed to pave the gravel portion of Highview Avenue between 215th Street and 219th Street West. i CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1994 PAGE 5 Mr. Nelson provided the proposed project costs and assessments. He explained that when District 7 was sealcoated seven years ago, the costs were assessed 100°~ to the benefiting property. Therefore, since it is the City's policy to assess one-half the cost of sealcoating, there will be no assessments this year, with the exception of the. Highview Avenue upgrade. Four property. owners along that segment are :proposed.. to be'assessed. Mr. Nelson explained that in addition to the. overlay of streets in District 7, .:staff is recommending the existing parking lot at the Public Works building be overlaid, with a driveway being constructed to the gas pumps and additional parking stalls being constructed. Staff is also recommending that an interim bituminous surface be constructed on Highview Avenue-between City Hall and Dodd Boulevard. Turnback funds from the County are available to fund a portion of this paving project, with the remainder to be financed from the Public Works Reserve Fund. There was no public comment. 94.104 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. 94.105 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 94-11"7 ordering public improvement for sealcoating of District 7 and miscellaneous bituminous overlay; and Resolution No. 94-118.approving .plans and specifications and setting a bid date for District 7 bituminous overlay, paving of Public Works parking lot and Highview Avenue between 202nd Street and Dodd Boulevard, Improvement Project 93-10. Roll call was taken on the motion. Ayes,. Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 9 Mayor Zaun opened the public hearing on Improvement Project 94-7, installation of street lights in the north Lake Marion area. The City Clerk attested that legal notices. were duly published and mailed. Mr. Nelson presented the proposed project, which will consist of the installation of 15 street Fights by Dakota Electric Association at an estimated cost of $15,000, The City would finance the cost. of one light {$850) which is adjacent to the City's lift station on 199th Street West. The remaining 14 CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1994 PAGE 6 lights would be assessed to the benefiting property. The proposed assessment per parcel is $136.78, and the project would be assessed over a two year period. Mr. Doug Anderson, 10235-199th Street West, requested that the signal to be installed at the intersection of Jasmine.Avenue and 199th Street West be moved to the south side. of the street and be placed next to the existing fire hydrant. He also asked what happens to the existing pole lamps. Mr. Erickson explained that stakes wi11 be placed in the right-of-way to show the exact location of each pole prior to installation. The poles can-be moved, to the extent possible,. if the adjacent property owners so choose. He further explained that the existing overhead Fights. will be removed, and the cost savings will go to the property owners who are currently paying for the private lights. 94.106 Motion was made by Harvey, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sundt. 94.107 Motion was made by Mulvihill, seconded by Sundt to approve Resolution No, 94-119 ordering public improvement for street lights in the north Lake Marion area, Improvement Project 94-7. Roll call. was taken. on the motion. Ayes, Harvey, Johnson, Zaun, Sundt, Mulvihill. ITEM 10 .Scott Johnson of Arcon Development, Inc. requested Councilapproval of the .preliminary and final plat of Lynwood North 7th Addition. He stated he would like to discuss with the Council the letter of credit security requirement for two.pre-existing. levied assessments and the City's rules on conservation easements. Mr. Morey presented the preliminary and final plat of Lynwood North 7th Addition, which consists of 52 single family residential lots on the south side of 165th Street and. Jaguar Avenue. He stated the developer proposes to save 76% of the significant trees located within the plat boundaries. The developer will dedicate a 60 foot wide conservation easement over the significant trees designated to be saved along the sou#h plat boundary. To CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1994 PAGE 7 • further prevent the spread of oak wilt within the conservation easement area, the developer must post a $5,000 security to guarantee the treatment andlor removal of diseased trees. Staff recommends approval of the preliminaryJfinal plat and easement vacation. Mr; Erickson responded to Mr. Johnson's question regarding his responsibility for the pre-exi ting assessments. He explained that according to the .City's subdivision ordinance, a developer is required to provide security for special. assessments on the property. While the ordinance was not written for developers such as Mr. Johnson, he explained that there are developers who have not kept their taxes current, thus creating. a burden for the City. Mr. Johnson indicated that as long as the City treats alf developers the same, he is comfortable with the policy. Mr. Johnson stated he wanted to clarify what is involved with conservation easements. He discussed a recent letter from area residents that was sent to City staff and the local newspaper which referenced tree removal by Arcon Construction. He stated the statements. in that letter regarding clear- . cutting of trees were inaccurate and misleading. {The Council previously received copies of the letters and petitions dated -April 10, 1994.) Mr. Johnson discussed the City's requirements for treatment of oak wilt and/or removal of diseased trees. He asked that the adjacent property owners be notified of the possibility of oak wilt in the area so that he is not held responsible for the treatment/removal of those trees that are not located on his property. Mr. Erickson stated the City's forester will. notify each. property owner of the possibi ity of oak wilt. He pointed out that they are all eligible for an oak wilt grant to assist in the treatment/removal of diseased trees. Councilmember Harvey asked if any footings will-be on fill. Mr. Nelson stated there is a small area where possibly two feet of fill will be required. 94.108 .Motion was made by Harvey, seconded by Mulvihill to approve Resolution No, 94-120 vacating drainage, ponding, street and utility easements; and Resolution No. 94-121 approving the preliminary and final plat of Lynwood North 7th Addition. . Roll call was taken on the motion. Ayes, .Johnson, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVILIE COUNCIL MEETING JUNE 6, 1994 PAGE 8 i ITEM 11 David and Barbara Arens requesting Council approval of a variance to construct an attached garage and additional living space to their existing home at 12235-175th Street West. Mr. Dempsey presented the request for a variance from. the minimum required setback from the ordinary high water level of Orchard Lake. The proposed addition will include atwo-story garage/studio. and Living space attached to the east side of the house. The existing shed and lean-to will be removed from the site after construction of the garage. Mr. Dempsey explained that the non-conforming setback is the result of a previously constructed, man-made inlet on Orchard Lake that was most. likely dredged many years ago. The proposed structure wilt meet the 75 foot setback to the original ordinary high water level of Orchard Lake. The Planning Commission and staff recommend approval of a 30 foot variance. Councilmember Harvey indicated that technically, the house addition does not require a variance from the natural. created ordinary high water mark. 94.109 Motion was .made by Harvey, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and grant a variance from the minimum required setback from the ordinary high. water level of Orchard Lake at 12235-175th Street W. Roll calf was taken on the rnotion. Ayes,. Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 12 Mr. Robert Skara requested Council approval of a special home occupation permit for the operation of a furniture repair and upholstery business at 17299 Jonquil Avenue. Mr; Dempsey stated staff recommends approval of the special home occupation permit, provided Mr. Skara does not use spray finishing. He stated Mr. Skara has arranged for the furniture to be taken to a wood finishing business for any spraying. He would be allowed to sand and stain the wood furniture at his home. i CITY OF LAKEVILLE COUNCFL MEETING JUNE 6, 1994 PAGE 9 Councilmember Sindt asked about the disposal of hazardous materials. Mr. Skara stated 85°~ of his business. involves upholstery repair. Mostly water based stains are. used., and they are considered non-hazardous. Councilmember Johnson asked Mr. Skara if any of his neighbors had an objection to the proposed home occupation.. He stated a person representing the deceased Louis Heikenn, 10634-173rd 'Street, forwarded his concerns regarding compatibility with the neighborhood. Mr. Erickson suggested the following language for Condition 3b) of the special home occupation permit, "Wood finishing shall be permitted, excluding spray finishes and/or flammable finishes not acceptable under the fire codeH. 94.110 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's Findings of Fact and Recommendation and grant a special home occupation permit to allow the operation of an upholstery and furniture repair business at 17299 Jonquil Avenue. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 13 Mr. Erickson recommended a work session be scheduled to interview applicants for the Dakota Alliance for Prevention. 94.111 Motion was made by Harvey, seconded by Sindt to set a Council work session for June 46, X994, at 7:00 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Harvey,. Johnson, Zaun, Sindt. UNFINISHED BUSINESS Mr. Dempsey presented the application of Roger and Jane Gilb for a conditional use permit to allow a major auto repair business at the intersection of Trunk Highway 50 and Iberia Avenue. He explained that since this matter was tabled by the Council on March 7, 1994, the Gilb's have submitted. revised plans. which they feel allows better use of the site. He explained that Phase II will not be constructed until such time as a tenant . is identii•ied. A planned unit development/conditional use permit will be required with the introduction of any shared commercial use of the property. CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1994 PAGE 10 • Under the zoning ordinance, the City Council may approve additional business hours in addition to the 7:00 a.m. to 6:00 p.m. time frame. The Gilb's are proposing to be open between 7:00 a.m. and 9:00 p.m. from Monday through Thursday and 7:00 a.m. to 6:00 p.m. on Friday and Saturday. The. business would not be open on Sunday. Gary Tushie, architect for the project, stated the exterior building materials and shape are characteristic to residential construction. 94.112 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow a major auto repair business at the southwest intersection of Trunk Highway 50 and Iberia Avenue, approve the hours of operation and a special assessment agreement with Roger A. and Jane L. Gilb. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. NEW BUSINESS Mr. Sobota presented a resolution calling. a public hearing to es#ablish TIF District No. 14 for Lakeville Premoulded Products, Inc. The company is requesting $229,372 in pay-as-you-go TIF funds. They intend to construct a 55,000 square foot building in Airlake Industrial park and would utilize TIF funds for eligible improvements to the currently vacant parcel. The district would include surrounding properties that are currently developed in order to qualify the district as a 15-year renewal and renovation district, without any LGA penalties. until the sixth year of the district. Councilmember Harvey raised a concern regarding the payment of penalties on a TIF district.. Mr. Sobota explained that .there is a .penalty established that is about 40°!0 of the TIF funds when it is fully implemented. 94:113 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 94-122 calling a public hearing on the proposed modification. of Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 14 within the redevelopment project and the proposed approval. and-adoption of a modified redevelopment plan and tax increment financing .plan relating thereto. • CITY OF LAKEVILLE CQUNCLL MEETING JUNE 6, 1994 PAGE 11 Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sndt, Mulvihill Mr. Erickson announced that a Letter of Understanding between the Cities of Lakeville and Apple Valley, regarding the Apple Valley gravel mining mediation, has been signed by the mayors of both cities. He provided an overview of the issues contained in the Letter of Understanding. ANNOUNCEMENTS Next regular Council .meeting, June 2Q, 1994 Council work sessions, June 14th and June 16th Mayor Zaun adjourned the meeting at 9:15 p.m. Respectfully submitted, Charlene Friedges, Ci lerk • Du ne Zaun, M or