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HomeMy WebLinkAbout12-20-93 CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1993 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 Ruhmann, 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; F. Dempsey, Associate Planner; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; J. Robinette, Public Works Director; C. Friedges, City Clerk. MINUTES The minutes of the December 6, 1993, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: None. CHIEF OF POLICE: Chief Gudmundson presented the November Police Department monthly report. PARKS & RECREATION DIRECTOR: Steve Michaud presented the November Parks & Recreation Department monthly. report. PRESENTATIONS/INTRODUCTIONS Dennis Feller, Finance Director, presented an appreciation plaque to Greg Murphy of the George M. Hansen Company for more than 25 years of auditing service to the City of Lakeville. CITIZENS'. COMMENTS Councilmember Ruhmann expressed appreciation to the citizens of Lakeville for giving him the opportunity to serve on the City Council for the past four years. County Commissioner Bob Jensen thanked Councilmember Ruhmann for his years of dedicated service to the community. Mr. Dick Peterson, 11080 Kenora Way, stated he was given inaccurate information from City staff regarding a setback variance on a lot .that he purchased from Mr. Render in Kenwood Oaks. ~ Y CITY OF LAKEVILLE COUNCIL MEETING .DECEMBER 20, 1993 PAGE 2 Mr. Erickson explained that the approved grading plan originally identified a 50-foot variance; however the grading plan was not corrected when the variance was denied by the City Council in 1989. He stated the staff would work with Mr. Peterson to place a house pad on this lot that would minimize the setback from the ordinary high water level of Lee Lake. CONSENT AGENDA Councilmembers added agenda items #20 and #21 to the consent agenda. 93.322 Motion was made by Harvey, seconded by Ruhmann to approve the consent agenda items as follows: a. Claims for :payment. b. Investment report. c. Receive minutes of the following advisory committee meetings: -Environmental Affairs Committee, December 7, 1993 -Economic Development Commission, November 16 and December 7, 1993 -Planning Commission, December 9,1993 d. Special assessment agreement with Margaret Zweber,19950 Dodd Boulevard. e. Final acceptance of street improvements, Country Pond South 2nd Addition. £ Final acceptance of street improvements, Daniels 2nd Addition. g. Grant extension of time for completion of Improvement Project 92-16, miscellaneous drain the and storm sewer improvements. h. Resolution No. 93-254 relating to parking restrictions on 168th Street West from County Road 44 southwesterly 0.05 mile, Improvement Project 91-5. i. Approve Wetland Mitigation Plan under interim rules, County Road 46 reconstruction, Improvement Project 91-3. j. .Resolution No. 93-255 authorizing. feasibility report for bituminous overlay and sealcoating, District 7, Improvement Project 93-10. k. Resolution No. 93-256 establishing lateral sanitary sewer and watermain access charges. 1. Ordinance No. 516 amending Title 5 of the Lakeville City Code concerning kennels. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1993 PAGE 3 m. Resolution No. 93-257 accepting donation from Serge Litkewitsch to the DARE program. n. Resolution No. 93-258 accepting. donation from Kathleen Gannon to the DARE program. o. Resolution No. 93-259 regarding grant application for high speed bus coalition project. p. Approve contractual snow plowing agreement with Eureka Sand & Gravel. q. Renew on-sale wine and non-intoxicating malt liquor licenses for Tak Shing Chinese Restaurant, 17709 Kenwood Trail, and Lakeville Chinese Restaurant, 17400 Kenwood Trail, for the year ending 12/31/94. r. Renew on-sale non-intoxicating malt liquor licenses for Pizza Hut, 10900-173rd Street W., and Little Joe's Pizza, 11276-210th Street W., for the year ending 12/31/94. s. Renew off-sale non-intoxicating malt liquor licenses for Brook's Food Market, 16000 Cedar Avenue; Lakeville SuperAmerica, 10812-175th Street W.; MegaStop, 21100 Kenrick Avenue; and SuperAmerica, 16161 Cedar Avenue, for the year ending 12/31/94. t. Renew cigarette licenses for the year ending 12/31/94. u. Renew mechanical amusement device licenses for the year ending 12/31/94. v. Renew mixed municipal solid waste and recyclable material collectors licenses for the year ending 12/31/94. w. Renew billboard and bench sign licenses for the year ending 12/31/94. x. Approve contract agreement with mixed municipal solid waste and recyclable material collectors for collection of mixed paper, and authorize incentive subsidy payment. y. Approve Purchase Agreement with Larry and Joan Lulf for part of Lot 11, Block 3, Lakeville Hills Addition. z. Resolution No. 93-260 amending the 1993 Building Fund Budget. aa. Resolution No. 93-261 amending the 1993 Cable TV Fund Budget. bb. Resolution No. 93-262 amending the 1993 Environmental/Recycling Fund Budget. cc. Resolution No. 93-263 amending the 1993 Employee Benefit Fund Budget. dd. Resolution No. 93-264 amending the 1993 Motor Vehicle Fund Budget. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1993 PAGF? 4 ee. Resolution No. 93-265 amending the 1993 Drug Enforcement Fund Budget. ff. Resolution No, 93-266. amending the 1992 Equipment Certificates of Indebtedness Fund Budget. gg. Resolution No. 93-267 receiving bids and awarding contracts for two dump truck chassis' with dump box, snow plow and sanding equipment. hh. Resolution No. 93-268 supporting the financing of a juvenile detention facility in Dakota County. ii. :Approve a Minor Comprehensive Plan Amendment to bring the Jack and Vivian Pavlike property, 10747-202nd Street West, into the Year 2000 Urban Service Area. jj. Resolution No. 93-269 adopting the 1994 General Fund Budget. kk. Resolution No. 93-270 adapting the 1994 Cable TV Fund Budget. 11. Resolution No. 93-271 adopting the 1994 EnvironmentalJRecycling Fund Budget. mm. Resolution No. 93-272 adopting the 1994 Drug Enforcement Fund Budget. nn. Resolution No. 93-273 adopting the 1994 Employee Benefit Fund Budget. oo. Resolution No. 93-274 adopting the 1994 GIS Fund Budget. pp. Resolution No. 93-275 adopting the 1994 Motor Vehicle Fund Budget. qq. Resolution No. 93-276 adopting the 1994 Municipal .Excess Liability Coverage Fund. rr. Resolution No. 93-277 adopting the 1994 Storm Water Utility Fund Budget. ss. Resolution No. 93-278 adopting the 1994 Equipment Certificates of Indebtedness Fund Budget. tt. Resolution No. 93-279 adopting the 1994 Building Fund Budget: uu. Resolution No. 93-280 adopting the 1994 Liquor Fund Budget. w. Resolution No. 93-281 adopting the 1994 Water Fund Budget. ww. Resolution No. 93-282 adopting the 1994 Sewer Fund Budget. xx. Resolution No. 93-283 adopting the 1993/1994 Tax Levy. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1993 PAGE 5 yy. Resolution No. 93-284 adopting the position classification and pay plan for exempt and non-exempt positions, and setting forth the policy for administration of the pay plan. zz. Approve City Administrator's employment agreement. aaa. Approve a permanent roadway, trail and utility Easement Modification Agreement with Gerald D. and Diane F. Bedeaux. 20. Resolution No. 93-288 authorizing aone-time sanitary sewer charge and water credit for utility customers. 21. Adopt a new precinct boundary map dated December 20, 1993. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 8 Steve Michaud and Pete Martin, ISD 194 Community Education Director, presented two Joint Powers Agreements for the shared use of City/School District facilities. The Master Joint Powers Agreement defines the shared use of facilities and the conditions under which those facilities are used. The second Joint Powers Agreement deals specifically with the 1994 Elementary School site. This agreement identifies the City's financial contribution for constructing and sodding two ballfields and the relocation of one ballfield/backstop. 93.323 Motion was made by Harvey, seconded by Ruhmann to approve the Joint Powers Aggreement/Master Agreement and Joint Powers Agreement/Site Specific-1994 Elementary School with ISD 194 for the shared use of City/School facilities. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 9 .Frank Dempsey, .Associate Planner, presented the conditional use permit request of Robert Bono and Susanne Gerndt to allow aone-story entryway addition onto an existing home at 17104 Hemlock Court. He explained that current. renovation plans include raising the house and foundation four feet. The resulting setback of the. one-story entryway will be 24..5 feet, which is six inches from the maximum front setback line. Mr. Dempsey explained that the house has a history of foundation problems, and the Planning Commission recommended approval of the conditional use permit with two stipulations. Councilmember Harvey stated he viewed the site and spoke to the property owners regarding the foundation problems that this house has experienced over the years. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1993 PAGE 6 93.324 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and grant a conditional use permit to allow a one-story entryway addition to the single family home located at 17104 Hemlock Court. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 10 Mr. Dempsey presented a conditional use permit amendment requested by the City of Lakeville to allow three temporary office buildings on the police station property during expansion/remodeling of the existing facility. He stated the Planning Commission recommended approval of the conditional use permit subject to two stipulations as recommended by staff. Councilmember Harvey asked why additional sewer access charges are not being recommended, as was done with portable classrooms at the schools.. Mr. Erickson explained that sewer access charges only apply when sewer flow is being increased, which is not the case at the police station. 93.325 Motion. was made by Mulvihill, seconded by Harvey to receive the Planning Commission's findings of fact and approve an amendment to Conditional Use Permit No. 93-11 to allow three temporary office buildings at the Lakeville Police Station. Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 11 Mr. Dan Klecker of Pope Architects, project architect, provided an overview of the proposed Lakeville Civic Arena project. Mr. Sobota presented the request for a conditional use permit to allow the construction of the Lakeville Civic Arena and provide off-site parking on land located near the northeast intersection of Kenwood Trail and Ipava Avenue. He stated the Planning Commission discussed issues related to -parking, traffic circulation, lighting .and signage, and recommended that signage and. lighting plans be .submitted prior to the issuance of a building permit. Councilmember Ruhmann asked when the overflow parking lot would be used. Mr. Sobota responded. Councilmember Ruhmann also asked about the location of the trail, which runs between two ballfields. Mr. Sobota responded. Councilmember Harvey asked about possible noise problems when the condenser is running. Mr. Klecker indicated the compressor was relocated to the north side of the maintenance area, increasing the distance from the existing .homes. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1993 PAGE 7 Councilmember Harvey questioned parking lot circulation and access. He suggested the words "and access" be included in Condition g) of the Conditional Use Permit to read, "...Prior to surfacing, the parking lot configuration and access shall be reviewed by City staff." 93.326 .Motion was made by Mulvihill, .seconded. by Sindt to receive the Planning Commission's findings of -fact and approve a <conditional use permit, as amended, for the construction of the Lakeville Civic Arena, and providing off-site parkingg for the arena located on land near the northeast intersection of Kenwood Trail and Ipava Avenue. Roll .call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. Mr. Erickson requested approval of a special assessment agreement between the Lakeville Community Corporation and City of Lakeville for water and sewer hook-up charges. He stated that if the Council .approves the assessment agreement, it would be subject to the consent of the Lakeville H.R.A. at their first meeting in January.. 93.327 Motion was made by Sindt, seconded by Harvey to approve a Special Assessment Agreement with the .Lakeville Community Corporation far water and sewer hook-up charges for the Lakeville Civic Arena. property. Roll. call was taken on the motion.. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 12 Mr. Mike Falk, representing Charles McCarty and Joan Lovelace, requested Council approval of a conditional use permit to allow open and outdoor storage of boats, trailers, campers and other private vehicles on property located near the southeast intersection of Kenrick Avenue and 195th Street West.. The business would be mansged through Gopher Mini Storage, which is located at 165th Street and Kenrick Avenue. Mr. Sobota presented the planning report, outlining additional stipulations ..recommended by the Planning .Commission at its December 9th public .hearing. He stated_a letter of credit has been- submitted to guarantee installation. of landscaping and erosion control. Councilmember Sindt asked if consideration has been given to a shared driveway with either of the two existing businesses. Mr. Sobota explained that the matter was discussed with the applicant; however, it was felt that an individual access was needed due to security issues and customer hours. Councilmember Sindt raised a concern about signage, which she felt could be an attractive nuisance in this isolated area. Mr. Falk explained that the proper security would be in place to prevent vandalism. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1993 PAGE 8 93.328 Motion was made by Harvey, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve a conditional use permit to allow open and outdoor storage in the B-4, General Business Distract, on property located near Kenrick Avenue and 195th Street West. Roll call was taken on the .motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Mr. Erickson requested approval of a special assessment agreement for the storm sewer area charges applicable to the 5.9 acres of the 22-acre parcel. The Council recommended that since Joan Lovelace is a fee owner of the property, her name should be added to the special assessment .agreement in addition to the McCarty's. 93.329. Motion was made by Harvey, seconded by Ruhmann to approve a special assessment agreement with Charles & Corinne McCarty and Joan Lovelace for storm sewer area charges to 5.9 acres located near Kenrick Avenue and 195th Street West, subject to all fee owners signing the agreement. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. The Mayor called afive-minute recess, and reconvened the meeting at 9:00 p.m. ITEM 13 Mr. Glen Nord, representing Felix Tillges, requested Council approval of the preliminary and final plat and planned unit development amendment for Viking Square Fourth. Mr. Morey presented the plat of Viking Square Fourth, which includes 15 townhome lots on land located on Ideal Way west of Dodd Boulevard and south of Lake Marion Elementary School. He explained that the fourth addition is a replat of 15 townhome lots and one common area lot in Viking Square Second. The lot layout of the fourth addition differs from the approved Viking Square Second by elimination of the common area lot and the reorientation of some of .the townhome .units. He stated the developer has provided .staff with a copy of the shared driveway access easement .agreement for Lots 1-13. The Planning Commission and City staff recommend approval. Councilmember Harvey asked about the existing townhouse structure on the northern-most lots that are being replatted. Mr. Erickson and Mr. Tillges responded. 93.330. Motion was made by Harvey, seconded by Mulvihill to approve a planned unit development amendment and preliminary plat for Viking Square Fourth, and Resolution No. 93-285 approving the final plat of Viking Square Fourth. CITY OF LAKEVII.LE COUNCIL MEETING DECEMBER 20,1993 PAGE 9 Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 14 Mr. Herb Wensmann of Wensmann Homes, Inc. requested Council approval of the preliminary and final .plat and planned .unit development amendment for Brackett's Townhomes Fourth Addition. Mr. Morey presented the plat of Brackett's Townhomes Fourth Addition, which includes 20 townhome lots on land located on the east side of Judicial Road south of Brackett's Crossing Country Club.. He explained that the .proposed lot layout of the fourth addition differs from .the approved Brackett's Townhomes preliminary plat/planned unit development with regard to townhome grouping and orientation, resulting in the elimination of one lot. The Planning Commission and City staff .recommend approval. 93.331 Motion was made by Harvey, seconded by Mulvihill to approve a planned unit development amendment and preliminary plat for Brackett's Townhomes Fourth Addition, and. Resolution No. 93-286 approving the final plat of Brackett's Townhomes Fourth Addition. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill ITEM 15 Mr. Fritz VanNest, representing Builders Development, Inc., requested Council approval of the preliminary and final plat of Lake Marion Estates 3rd Addition. Mr. Sobota presented the plat of Lake Marion Estates 3rd Addition, which consists of 52 single family residential. lots on land located south of 205th Street (County Road 64), adjacent to the Royal Woods and Meadows West subdivisions. He explained that the third addition is a re-plat of the remaining undeveloped portion of the Lake Marion Estates preliminary. plat approved in 1985. He explained that .lot, block and street design modifications have been made to the previously approved preliminary plat, .resulting in the elimination of nine lots. Mr. Sobota -also presented a resolution requesting a street name change for a segment of Jasmine Path in Lake Marion Estates 2nd. Addition. He explained that the easterly segment of Jasmine Path would be changed to Juno Trail to match the name of the street in Lake Marion Estates 3rd. Addition, which conforms with recommendations of Dakota County. Councilmembers Sindt and Harvey stated they felt the proposed street name change would be confusing to motorists and public safety officials. CITY OF LAKEVILLE COUNCILMEETING DECEMBER 20, 1993 PAGE 10 Mr. Erickson suggested the City's Street Naming Committee meet with public safety officials to discuss the proposed street name change and report back to the City Council at the next regular meeting. Councilmember Harvey raised a concern regarding the elimination of significant trees from some of the rear yards. Mr. Rick Sathre, the °:developer's engineer, explained Ghat a rear yard swale system is being developed in this area to funnel storm water along the rear lot lines to avoid flooding in the side lots. Councilmember Harvey asked if any water pressure problems are anticipated, as house pad .elevations .are high. Mr. Nelson stated this area is on the City's high pressure system. 93.332 Motion was made by Sindt, seconded by Mulvihill to approve the preliminary plat of Lake Marion Estates 3rd Addition and Resolution No. 93-287 approving the final plat of Lake Marion Estates 3rd Addition. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 93.333 Motion was made by Sindt, seconded by Mulvihill to table consideration of the resolution requesting a street name change in Lake Marion Estates. 2nd Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 16 Mr. Don Dethlefs, representing JadRon Corporation, requested Council approval of the preliminary plat of Cedar Highlands Fifth Addition. Mr. Morey presented the preliminary :plat of Cedar Highlands Fifth Addition, which consists of 60 single family residential lots on land located east of Cedar Avenue and northwest of Dodd Boulevard. The preliminary plat is a replat of the remaining undeveloped portion of the 251 lot Cedar Highlands preliminary=plat approved-in 1976.. Mr. Morey outlined several iot, block and street design modifications as outlined in his planning report dated December 14, 1993. These design modifications result in he proposed elimination of 63 lots and a corresponding reduction in density from the approved preliminary plat. He explained that Outlot F is a 27-foot wide strip of land located along Dodd Boulevard adjacent to Cedar Highlands Park, which will be dedicated to the City with the final plat for use as right-of--way for the future upgrade of Dodd Boulevard. The Planning Commission and staff recommend approval of the preliminary plat of Cedar Highlands Fifth Addition. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1993 PAGE 11 Councilmember Sindt asked about the zoning of the land just to the. south of the church, and Mr. Morey stated the property is currently zoned R-A, Single Family Agricultural. Mayor Zaun asked Mr. Morey to explain the reason that fencing was not being provided along the south side of Outlot A; Mr. Morey responded. Councilmember Harvey raised a concern about water pressure problems in this area. Mr. Nelson explained that this -area will be converted to a high pressure system, as recommended in the City's Comprehensive Water Plan, when the subdivision is final platted. 93.334 Motion was made by Harvey, seconded by Ruhmann to approve the preliminary plat of Cedar Highlands Fifth Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 17 Mr. Lee Johnson, representing U.S. Home Corporation, requested Council approval of the preliminary plat of Hypointe Crossing 4th Addition. Mr. Morey presented the plat of Hypointe Crossing 4th Addition, which consists of 141 single family residential lots on land located south of 165th Street and west of Highview Avenue. Hypointe Crossing 4th Addition is a replat of the remaining undeveloped portion of the 376 lot Trotter's Ridge preliminary plat approved in 1987. Mr. Morey outlined several lot, block and street design modifications, which improve the quality of .the development and result in the elimination of three lots from the approved preliminary plat. He stated that 74% of the significant .trees located within the plat boundaries are designated to be saved, and the undisturbed portions of the wetlands located within Outlots B and C will be deeded to the City. The Planning Commission and staff recommend approval. Councilmember Harvey asked about the construction entrance,. water pressure and the maximum amount of fill under house footings. The City Engineer responded. 93.335 Motion was made by Sindt, seconded by Ruhmann to approve the preliminary plat of Hypointe Crossing 4th Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 18 The City Council considered adoption of an ordinance establishing salaries of the Mayor and City Council members commencing January 1, 1996 and January 1, 1997. Mr. Erickson explained that per State statute, the City Council must CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1993 PAGE 12 adopt its salaries prior to the next City Council election. Mayor Zaun. pointed out that Lakeville's salaries for elected officials are currently within the top 20%, and the councilmembers concurred that no action should be taken at this time. 93.336 Motion was made by Harvey, seconded by Mulvihill to take no action on a proposed ordinance establishing salaries for the Mayor and City Council .members for the years 1996 and 1997. Roll call was taken on the .motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 19 93.337 Motion was made by Mulvihill, seconded by Sindt to make the following advisory committee re-appointments for terms which commence January 1,1994: Planning, Commission (Three year term) David Luick Parks & Recreation Committee (Three year terms} Larry Lulf Pat Messinger i Environmental Affairs Committee (Two year terms) Robert Nicholson Tim Lundahl Gerald Kowalke .Waste Haulers Subcommittee (One year terms) Mike Feist, Mike's Disposal Service Brett Anderson, Lakeville Sanitary Service Cable TV Board (Two year terms) Richard Schwartz Robin Selvig Greg Maliszewski Robert Crumpton, Jr. .....Economic Development Commission (Three year terms) Jerry Erickson James Emond Barry Pogatchnik Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 93.338 Motion was made by Sindt, seconded by Harvey to appoint Ms. Gina Kennedy, representing School District #192, to a vacancy on the Cable TV Board for a term which will expire on January 1,1995. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1993 PAGE 13 Roll .call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS Next regular Council meeting, January 3, 1994 Council work session, January 5,1994 Mayor Zaun adjourned the meeting at 10:23 p.m. Respectfully submitted, Charl a Friedges, Ci Clerk Du a Zaun, Ma},or