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HomeMy WebLinkAbout04-04-94 t, CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 1994 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was led by Boy Scout Troop 235 from Valley Park. Roll call was taken. Present: Councihnembers 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. Gudmundson, Chief of Police; F. Dempsey, Associate Planner; J. Robinette, Environmental Resources/Public Works Director; C. Friedges, City Clerk. MINUTES The minutes of the March 21, 1994, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: Mr. Nelson stated the County Engineer has recommended additional . language be included in the resolutions revoking 185th Street as a municipal state aid roadway and designating CSAH 64 as a municipal state aid. roadway (Item 7g). He asked that this item be removed from the consent agenda so that the additional language can be considered. ADMINISTRATOR: Mr. Erickson provided additional information regarding the proposed Lake Marion street light project, agenda item 71; a list of deleted accounts from the utility certification list, agenda item 8; and a resolution awarding contracts far the civic arena project, new business item 15a. PRESENTATIONS/INTRODUCTIONS Representative Bill Macklin provided an update on the current legislative session.. He talked about the Omnibus Tax Bill, deferred taxes for senior homeowners, Orfield legislation, Prairie Island Nuclear Plant, the Target Center purchase and juvenile justice. Ms. Kamee Swanum and Jim Dake, members of Stop SIDS Minnesota, asked the Council to proclaim April 15th as Red Nose Day USA, Sudden Infant Death Syndrome (SIDS) Awareness. Councilmember Johnson read the proclamation. 94.55 Motion was made by Harvey, seconded by Mulvihill to proclaim April 15, 1994, Red Nose Day USA. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. i CITY OF L A_KRVILLE COUNCIL MEETING APRIL 4, 1994 PAGE 2 Chief Gudmundson introduced Community Service Officers Rolf Peterson and Jeff VonFeldt. Jim Robinette introduced Ken Seurer, who was recently promoted to the position of Utilities Superintendent. Steve Michaud presented a proclamation designating May 7, 1994, as Arbor Day in Lakeville. Councihnember Mulvihill read the proclamation. 94.56. Motion was made by Mulvihill, seconded by Sindt to proclaim. May 7, 1994, as Arbor Day in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. Councilmember Sindt asked about Tornado Awareness Week. Chief Gudmundson stated an article will appear in an upcoming Messages Page, and information will be broadcast on the City's cable channel. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed item 7g, resolutions revoking 185th Street as a Municipal State Aid roadway, and designating CSAH 64 as a Municipal State Aid roadway, from the consent agenda. 94.57 Mation was made by Harvey, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, March 17,1994 Parks & Recreation Committee, March 16,1994 Environmental Affairs. Committee, March 15, 1994 Park Bond Referendum Task Force, March 24, 1994 c. Final acceptance and approval of final payment to Richard Knutson, Inc. for Improvement Project 92-2. d. Approve easement agreements with Janet Hammer, William H. and Virginia Emond and Schmitty & Sons School Buses, Inc. for Dodd/210th Street, Improvement Project 93-7. e. Resolution No. 94-67 authorizing advertisement for bids for Dodd/210th Street, Improvement Project 93-7. f. Resolution No. 94-68 designating Klamath Trail (County Road 44) as a Municipal State Aid roadway. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4,1994 PAGE 3 g. (Removed from consent agenda). h. Receive bids and approve Resolution No. 94-69 awarding contract for 168th Street Soo Line Crossing, Improvement Project 91-5. i. Approve :Change Order No. 1 to Ryan .Contracting for the Narth Creek Drainage Channel clean-out, Improvement Project 92-13. j. Approve agreements with Dakota County for Sentence to Serve Program. k. Resolution No. 94-70 approving a gambling permit for the Lakeville Men's Softball Association. 1. Receive petition and authorize City Engineer to prepare feasibility report for North Lake Marion street light project. Roll call was taken on the motion. Ayes,. Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 7G Councilmember Harvey suggested this item be tabled until the next regular Council meeting so that staff can amend the resolutions as recommended by the County Engineer. 94.58 Motion was made by Harvey, seconded by Mulvihill to table consideration of resolutions revoking 185th Street. and designating CSAH 64 as Municipal State Aid roadways until the Apri118,1994, City Council meeting. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 8 Mayor Zaun opened the public hearing on the certification of delinquent utility accounts; 7:50 p.m. The City Clerk attested that legal notices were duly published and mailed. Mr. Feller presented the list of delinquent utility accounts, which will be certified to the County Auditor and collected with property taxes on said parcels. In addition to certifying the amount delinquent, he explained, the City also includes a $25 sernce charge to .cover.. the cost of certification; and 21% interest (12% per annum) is also added. The total amount to be certified is $54,730.60. Councilmember Sindt asked about the large multi-family accounts that are consistently delinquent and how these accounts are paid. Mr. Feller explained that the delinquent amount is paid with property taxes in two lump sums, one-half in May and one-half in October. He indicated he believes the larger account holders are able to utilize this method of payment due to cash flow problems. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 1994 PAGE 4 There were no questions or comments from the audience. 94.59 Motion was made by Harvey, seconded by Sindt to close the public hearing; 7:57 p.m. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill 94.60 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 94-71 certifying unpaid water, sewer and street lighting charges to the County Auditor to be collected with property taxes on said parcels. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 9 Mr. Ed Brunkhorst of Dakota Electric Association requested Council approval of a conditional use permit and variance to allow the construction of an electric substation at the southwest corner of Cedar Avenue and Dodd Boulevard. He stated Dakota Electric has identified a need. to provide increased electrical supply for future growth in the north half of Lakeville, and has been actively searching for a location far this substation for more than two years. Mr. Dempsey presented the variance request, which is required to allow construction on a lot less than 10 acres in size and less than 300 feet in width in the R-A, single family-agricultural district. A conditional use permit is required to allow the construction of a public utility structure in the R-A district. He explained that the property is currently undeveloped and is located outside the 2010 MUSA boundary. The proposed electric substation will not require sanitary. sewer. The Planning Commission held a public hearing on the request and recommends approval. Mr. Dempsey also presented, for Council consideration, a special assessment agreement between the City of Lakeville and property owners of the parcels in the northwest and southwest quadrants of Dodd Boulevard and Cedar Avenue, as well as Dakota Electric Association. The agreement would eliminate any potential appeal for the Cedar Avenue assessments. Staff recommends approval. Councilmember Harvey asked about the status of Dakota Electric replacing dead trees at their Ipava Avenue substation. Mr. Brunkhorst explained that all trees had been replaced, however, two of the replacement trees have since died and will be replaced in spring. Councilmember Sindt asked if the debris will be cleaned out of the line of trees that will remain at the Cedar Avenue/Dodd Boulevard site. Mr. Brunkhorst stated Dakota Electric owns half of the tree line, and that half will be cleaned out. CITY OF L,A_KFVILLE COUNCIL MEETING APRIL 4, 1994 PAGE 5 94.61 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit; receive the Planning Commission's Findings of Fact and Recommendation and approve a variance; and approve. a special assessment agreement for the construction of a public utility structure by Dakota Electric.. Association at the southwest corner of Dodd Boulevard and Cedar Avenue. Roll call was taken on the motion. Ayes, Zaun, Sndt, Mulvihill, Harvey, Johnson. Mayor Zaun recessed the meeting at 8:15 p.m. and reconvened at 8:20 p.m. ITEM 10 Mr. Lyle Nash, representing Jad Ron Corporation, requested Council approval of the final plat of Cedar Highlands Sth Addition. Mr. Sobota presented the final plat, which consists of 59 single family lots on land located east of Cedar Avenue at 170th Street, northwest of Dodd Boulevard. He .explained that the final plat of Cedar Highlands 5th Addition represents one fewer lot than the approved preliminary plat. The development of this plat will include the construction of 170th Street from its .present terminus to Gerdine Path. Mr. Sobota stated the developer has designated the existing gravel City water tower access as Outlot A, to be deeded to the City as part of final plat approval. Outlots B and C cover the undisturbed portion of the wetland and will also be deeded to the City, as well as Outlot D, which will provide trail access to Cedar Highlands Park. Outiot E is the future Valley Christian Church site. The Planning Commission held a public hearing on the final plat of Cedar Highlands 5th Addition, and recommends approval. Staff also recommends approval. Councilmember Harvey asked if fill is required under any of the house footings. Mr. Nelson .stated six lots .will require fill, with a maximum of three feet on Lot 6. 94.62 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 94-72 approving the final plat of Cedar Highlands 5th Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 11 Pastor Del Lind, Family of Christ Lutheran Church, requested Council approval of an amendment to Conditional Use Permit No. 93-OS to allow revised site development plans for the construction of Family of Christ Lutheran Church, CITY OF LAKEVILLE COUNCIL MEETING APRIL 4,1994 PAGE 6 and allow volunteer workers to live on site temporarily during construction of the church. Mr. Dempsey explained that the City Council approved Conditional Use Permit No. 93-OS allowing Family of Christ Lutheran Church to construct a 7,500 square foot church, classrooms and day care. Since that time, church officials have revised the development plans to include a new site layout and building floor plan. The church is also requesting- approval of temporary housing o that volunteer workers can live on site during construction. Ten volunteers would live in five recreational vehicles, which would be temporarily connected to municipal sewer and water. The Planning Commission held a public hearing on the Family of Christ Lutheran Church request and recommends approval. The Dakota County Plat Commission .has approved a variance for the proposed relocation of the 185th Street access. Staff also recommends approval. Mr. Gary Tushie, architect for the project, presented the revised site plan and explained in detail the proposed changes. Councilmember Harvey asked how many occupants are proposed for each of the temporary recreational vehicles. Pastor Lind stated there will be two occupants per vehicle. Councihnember Sindt asked if the number of parking spaces will be adequate for the church's current membership. Pastor Lmd stated a 112 stall parking lot will be constructed with the first phase, and an additional 125 stalls will be included in the second phase of construction. He stated the church currently has 105 family units. 94.63 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Conditional Use Permit No. 93-OS to allow revised site development plans for the construction of Family of Christ Lutheran Church located on the south side of 1$Sth .Street, east of Orchard Trail, and allow volunteer workers to live on site temporarily during construction. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 12 Mr. Lynn Peterson requested Council approval of a conditional use permit for the construction of a garage at 17540 Junelle Path. Mr. Dempsey stated the proposed 960 square foot garage would be used for the Peterson's private vehicles, as their home currently does not have a garage. In addition to the single family dwelling, there is an auto body shop and small storage shed on the site. The site is zoned B-4, General Business District, which makes the single family residence anon-conforming use. The Planning Commission held a public hearing on the request, and recommended approval subject to four stipulations. CITY OF LAI~EVILLE COUNCIL MEETING APRIL 4, 1994 PAGE 7 • Councilmember Harvey asked if there are any other structures on the property used for storage. Mr. Peterson stated he has asemi-trailer parked on his property, which he uses for storage as part of his auto body business. He stated it was just brought to his attention that the trailer is non-conforming, and he asked the Council to allow him a reasonable amount of time in which to empty the trailer and .have it moved. He stated the trailer :currently has athree-year supply of auto restoration projects stored in it. A discussion was held as to the amount of time that Mr. Peterson should be allowed to keep the trailer at its current location. Mr. Erickson stated staff is recommending Mr. Peterson be allowed up to two years to remove the trailer, provided he post a security deposit guaranteeing its removal. Councilmember Johnson pointed out that there have been no neighborhood complaints about the trailer, as it is located in an area that is well screened, and was willing to allow two years for its removal. Councilmember Sindt suggested Condition. E be added to the conditional use permit which would require removal of the semi-trailer from the .property no later than October 1, 1995. Mr. Erickson recommended the semi-trailer be removed by October 1, 1995, unless an inspection at that time indicates that the storage has been reduced, which would extend the .removal date to no later than April 1, 1996. He recommended a security deposit in the amount of $35Q be posted. 94.64 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit for Mr. Lynn Peterson to allow the construction of a detached accessory building at 17540 Junelle Path, with Condition E to read as follows, "The semi-trailer currently being used for storage on the north side of the auto body shop shall be removed from the property no later than October 1, 1995, unless an inspection indicates that the storage has been reduced, which would enable the removal date to be extended to no later than April 1, 1996. A security deposit in the amount of $350 shall be posted prior to the issuance of the building permit for the residential garage guaranteeing removal of the trailer no later than April 1,1996." Roll :call was taken on the motion. .Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 13 94.65 Motion was made by Mulvihill, seconded by Sindt to set a Council work session for Monday, April 18, 1994, immediately following the regular Council meeting, to discuss the proposed park bond referendum. Roll call was taken on the .motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4,1994 PAGE 8 94.66 Motion was made byy Mulvihill, seconded by Sindt to set a Council work session for Thursday, April 28, 1994, at 7:00 p.m., to discuss miscellaneous matters. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. UNFINISHED BUSINESS Councilmember Harvey pointed out that no work is being done on the County Road 64/Jacquard Avenue improvement project and expressed a concern about the June 15th completion date. NEW BUSINESS Mr. Erickson explained that a technical error was made in the bid analysis for the Lakeville Civic Arena project. Kraus Anderson misinterpreted the bid received from Jorol, Inc., who bid several sections in one lump sum. Therefore, staff is recommending the City Council approve a resolution rejecting bids as outlined and awarding a single contract to Jorol, Inc. in the amount of $57,370. 94.67 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 94-73 awarding contract for construction of an ice arena. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. At this time, Councilmember Sindt asked the Mayor to relinquish the gavel and, as Acting Mayor, asked the Council to consider a resolution authorizing the nomination of Mayor Duane Zaun for the C.C. Ludwig Award. 94.68 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 94-74 authorizing the nomination of Mayor Duane Zaun for the C.C. Ludwig Award for distinguished service. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Sindt. ANNOUNCEMENTS Next regularCouncil meeting, April 18,.1994 Board of Review meeting, April 12,1994 Mayor Zaun adjourned the meeting at 9:28 p.m. Respectfully submitted, Charlene Fnedges, Clerk CITY OF LAKEVILLE COUNCIL MEETING APRII. 4,1994 PAGE 9 Du a Zaun, Ma