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CITY OF LAI~EVILLE COUNCIL MEETING
DECEMBER 6,1993
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;
D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D,
Gudmundson, Chief of Police; J. Robinette, Environmental Resources/Public
Works Director; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk:
MINUTES
The minutes of the November 15 regular Council meeting and the November 29
special Council meeting were approved as presented.
STAFF ANNOUNCEMENTS
Attorney: Mr. Knutson requested an executive session of the City Council,
following the regular meeting, to discuss pending litigation with Fischer
Sand & Gravel
Engineer: Mr. Nelson stated there were no property owners in attendance at
the 6:30 p.m. informational meeting. regarding assessments.
Administrator: None.
PRESENTATIONS/INTRODUCTIONS
Carl Rice, Streets Superintendent, introduced Mark Roschen, Street
Maintenance II employee.
Mayor Zaun introduced Christopher Vanstrom and presented a certificate of
recognition on his being selected to represent Minnesota at the Civil: Air
Patrol National Cadet Competition.
CITIZENS' COMMENTS
Mr. Carl Tollefson requested the Council consider allowing the plat known as
Indian Hills to be exempt from the City's growth moratorium ordinance,
because he feels :there are unique circumstances involving this plat .which
warrants re-examination.
93.305 Motion was made by Harvey, seconded by Mulvihill to refer Mr. Tollefson's
request to City staff for review.
Roll. call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
i Harvey.
CITY OF LAKEVILLE COUNCIL MEETING.
DECEMBER 6,1993
PAGE 2
CONSENT AGENDA
Councilmembers removed item 7g from the consent agenda, so that receipt of
the Planning Commission's findings of fact can. be included in the motion.
Councilmembers removed item 7v from the consent agenda for clarification.
Regular agenda items 13 and 14 were added to the consent agenda.
93.306 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:
Cable TV Board, November 9th
.Environmental Affairs Committee, November 16th
Parks & Recreation Committee, December 1
Planning Commission, November 18
c. Appointment of Gerry Wind as Lakeville's representative, and Jeff Oliver
as alternate representative, to serve on the Technical Evaluation Panel
for administration of the Wetland Conservation Act.
d. Change Order No. 1 to McNamara Contracting, Inc.. for incentive payment,
199th Street/Orchard Trail, Improvement Project 93-14.
e. Consent of Easement Agreements with Metropolitan Waste Control
Commission for construction of North Creek drainage channel clean-out,
Improvement Project 92-13.
£ Minor Comprehensive Plan Amendment to bring the existing homestead
portion of the Gaylen Olson property, 17600 Pilot Knob Road, into the
Year 2000 Urban Service Area.
g. (Removed from consent agenda).
h. Corrective Quit Claim Deed and Acknowledgment for Crystal Lake Golf
Estates 2nd Addition.
i. Contract with Midwest Employee Assistance Program.
j. Resolution No. 93-242 approving amendments to the 1993 General Fund
Budget.
k. Resolution No. 93-253 adopting 1994 Schedule of Fees.
1. Flex Spending Agreement with DCA.
m. Authorize Boarman, Kroos, Pfister, Rudin & Assoc. to provide consulting
services for the Police Station communications system integration.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 6,1993
PAGE 3
•
n. Relocation settlement for the Yvonne Testa property, 20446 Tcalee Path.
o. Resolution No. 93-243 establishing 1994 storm sewer area charges.
p. Resolution No. 93-244 establishing 1994 State Aid Street Assessment
rates.
q. Resolution No. 93-245 establishing 1994 rates for sanitary sewer unit.
and sanitary sewer. area charges.
r. Special assessment agreement with David Gromrnesch,10305-175th Street W.
s. Special assessment agreements with the following property owners:
Jeffrey Braun, 8820-210th Street VW.
Raymond & Diane Tice, 8848-210th Street W.
Janet Hammer, 9011- 210th Street W.
Roselyn Gephart, 9056 - 210th Street W.
Lavain & Carol Benolkin, 9090-210th Street W.
t. Set. a Council work session for January 5, .1994, at 7:00 p.m.
u. Resolution No. 93-246 approving gambling permit for Lakeville Hockey
Boosters for pull tabs at Ole Piper Inn.
v. (Removed from consent agenda).
13. Resolution No. 93-252 appointing members to the Parks & Trails Bond
Referendum Task Force.
14. Receive resignation of Jan Whittingham from the Planning Commission.
Roll call was taken on the motion. .Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 7G
.93.307 Motion was made by Harvey, seconded by Ruhmann to receive the Planning
Commission's findings of fact and approve a variance for the setback of an
existing freestanding sign at 20094 Kenwood Trail for Anthony McDonald.
Roll. call was oaken on the motion....;Ayes, Sndt, Mulvihill,- Harvey, Ruhmann,
Zaun.
ITEM 7V
Mr. Erickson explained that. publication of ordinance summaries of the
recently approved zoning and subdivision ordinance amendments would yield a
significant savings to the City in legal publication costs. He stated the
• ordinance amendments are available for review at City Hall, and will be
distributed by staff to developers.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 6, 1993
PAGE 4
93.308. Motion was made by Sindt, seconded by Mulvihill to approve the Summary of
Ordinances No. 512 and 513 for publication.
Roll call was taken on the motion. Ayes, Mulvihill, .Harvey, Ruhmann, Zaun,
Sindt.
ITEM 8
Mayor Zaun opened the public hearing on proposed assessments for District 1
sealcoating, overlay and pedestrian ramps, Improvement Project 92-9. The
City Clerk attested that-legal notices were duly published and mailed.
Mr. Nelson provided a detailed overview of the improvement project .and
assessments. He explained that the total construction cost, $300,539.07,. was
slightly higher than what was estimated in the feasibility report; and the
actual assessment rate, based on final costs, is $75.74 per unit. The
project cost summary does not include costs for pedestrian ramp and curb.
replacement, which was financed 100% by the City. Fifty percent of the costs
associated with the overlay and sealcoating is assessed, while 50% is
absorbed by the City. There are approximately 2,100 properties included in
the assessment.
Mr. Feller .explained the manner in which the project is being assessed and
the City's policy for senior citizen deferment.
There were no comments from the audience.
93.309 Motion was made by Sindt, seconded by Ruhmann to close the public hearing.
Roll :call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun,. Sindt,
Mulvihill.
93.310 Motion was .made by Harvey, seconded by Ruhmann to approve Resolution No.
93-247 adopting the assessment for Improvement Project 92-9, District 1
sealcoating and bituminous overlay.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 9
Mayor Zaun opened thepublic hearing on proposed assessments for County Road.
46 reconstruction, from Ipava Avenue to Cedar Avenue, Improvement Project
91-1. The City Clerk attested that legal notices were duly published and
mailed.
Mr. Nelson provided a detailed overview of the improvement project and
assessments. He explained that the County Road 46 improvement project was a
joint project between the Cities of Lakeville, Burnsville, Apple Valley and
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 6,1993
PAGE 5
Dakota County. State aid funds were used for the extra costs involved with
the project; and Lakeville's share of the project cost came to $1,977,242.28,
of which $375,666.92 is being assessed.
Mr. Feller e~lained the manner in which the project is being assessed and
the City's policy for senior citizen deferment. He also explained that two
assessment rolls need to be adopted. One is a 10-year assessment, which
covers the Goodview Estates and Crystal Lake Golf Estates 3rd and 4th
Additions. The other is a 20-year assessment, which includes all the
unplatted property and Highview Heights 6th .Addition, per the development
contract.
There were no comments from the audience.
93.311 Motion was made by Mulvihill, seconded by Ruhmann to close the public
hearing.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
93.312 Motion was made by Harvey,. seconded by Mulvihill to approve Resolutions No.
93-248 and 93-249 adopting assessments for Improvement Project 91-1, County
Road 46 reconstruction, Ipava Avenue to Cedar Avenue.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
Zaun.
ITEM 10
Mayor Zaun opened the public hearing on proposed assessments for Ipava Avenue
street and utility improvements, Improvement Project 91-2. The City Clerk
attested that, legal notices were duly published and mailed.
Mr. Nelson provided a detailed overview of the improvement project and
proposed assessments. He explained that .only one parcel is being assessed
for the Ipava Avenue improvement project, .that being the Lakeville high
school property. The amount being assessed to School District #194 is
$207,745.55.
Mr. Feller explained the manner in which the project is being assessed, which
has previously been agreed upon by School District #194.
There were no comments from the audience.
93.313 Motion was made by Sindt, seconded by Harvey to close the public hearing.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
CITY OF LAKEVII.LE COUNCIL MEETING
DECEMBER 6,1993
PAGE 6
93.314 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No.
93-250 adopting the .assessment for Improvement Project 91-2, Ipava Avenue
street and utility improvements.
.Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill.
ITEM 11
Mayor Zaun opened the public hearing. on proposed assessments for the
reconstruction of Cedar Avenue, Improvement Project 89-1. The City Clerk
attested that legal notices were duly published and mailed.
Mr. Nelson provided a detailed .overview of the improvement project, which
upgraded Cedar Avenue from atwo-lane to a four-lane highway. He explained
that the project is being assessed in three .phases. This phase includes the
northwest portion of the project, which includes the Carroll property, City
of Lakeville (Liquor Store No. 3) and Super America. Development contracts
with the developers of Cedarglen and Shady Oak Shores were previously
approved. Assessment. rates for this project were based on the commercial
urban street assessment rate of $57 per front foot and right-of--way at $11.46
per front foot, as presented at the public improvement hearing in 1989. The
three commercial properties are being assessed at $68.46 per front foot.
Mr. Feller described the manner in which the project is being assessed.
There were no comments from the audience.
93.315 Motion was made by Harvey, seconded by Mulvihill to close the public hearing.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
93.316 Motion was made by Mulvihill, seconded Ruhmann to approve Resolution No.
93-251 adopting the assessment for Improvement Project 89-1, highway
reconstruction on Cedar Avenue, 160th Street. West and Dodd Boulevard.
Roll call was .taken on the motion.. Ayes,. Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 12
-Mayor Zaun opened the public hearing on renewal of on-sale liquor, .club
liquor and Sunday liquor licenses. The City Clerk attested that the legal
notice was duly published.
Police Chief Gudmundson reported that background checks have been completed
on all applicants/managers, and real estate taxes on all parcels have been
paid to date. Staff recommends approval of the licenses, contingent upon
receipt of all dram shop insurance certificates prior to January 1, 1994.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 6, 1993
PAGE 7
93.317 Motion was made by Harvey, seconded by Sindt to close the public hearing.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
Zaun.
.93.318 Motion was made by Sindt, seconded by Harvey to approve the renewal of
on-sale liquor, club liquor and Sunday liquor licenses for the year ending
December 31,1994, for Babe's Sportsbar & Grill, Lakeville Family Bowl,
Lakeville VFW, Ole Piper Inn, The Chart House .Restaurant, Brackett's Crossing
Country Club and Towers Restaurant & Lounge, subject to receipt of all dram
shop insurance certificates prior to January 1,1994.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
93.319 Motion was made by Sindt, seconded by Ruhmann to approve cabaret licenses for
the year ending December 31, 1994, for the following establishments: Babe's
Sportsbar & Grill, Brackett's Crossing Country Club, The Chart House
Restaurant, Towers Restaurant & Lounge and Lakeville V.F.W.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill.
• UNFINISHED BUSINESS None.
NEW BUSINESS
93.320 Motion was made by Sindt, seconded by Mulvihill to authorize staff to
advertise a vacancy on the Planning Commission.
Roll call was taken on the motion. Ayes, Ruhmann,. Zaun, Sindt, Mulvihill,
Harvey.
ANNOUNCEMENTS
Next regular Council meeting, December 20,1993
Special Council meeting (Truth in Taxation Hearing), December 15, 1993
Mayor Zaun adjourned the meeting at 8:20 p.m.
Respectfully submitted,
Charlene Friedges, ity Clerk
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