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HomeMy WebLinkAbout11-15-93 CITY OF LAI~EVILLE COUNCIL MEETING NOVEMBER 15,1993 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag waslead by Cub Scouts Pack 263. 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; Renee Brekken, Recreation Program Supervisor; D. Gudmundson, Chief of Police; F. Dempsey, Planner; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. MINUTES The minutes of the November lst regular Council meeting and the November 3rd special. Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: Mr. Erickson provided the Council the contractor bid analysis .for the Police Station expansion/remodeling project, which will be presented by the construction manager and architect under Item 12. CHIEF OF POLICE: Chief Gudmundson presented the October Police Department monthly report. RECREATION PROGRAM SUPERVISOR: Renee Brekken presented the October Parks and Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS A. Police Chief Gudmundson introduced Ms. Mary Ajax, Director of the Community Action Council. Ms. Ajax presented a certificate of appreciation to the City of Lakeville for the 2,000 pounds of food that was donated to Community Action Council by those who attended the annual Haunted Forest. Renee Brekken, coordinator of the Haunted Forest event, accepted the certificate on behalf of the citizens of Lakeville. B. Mayor Zaun introduced Ms. Jenny Heise, Lakeville's representative to the Dakota Alliance for Prevention (DAP), and read a proclamation declaring the week of November 12-19 as Chemical Health Week in Lakeville. Ms. Heise accepted the proclamation and provided an update on DAP activities. 93.293 Motion was made by Sindt, seconded by Mulvihill to proclaim the week of November 12-19,1993, as Chemical Health Week in Lakeville. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15, 1993 • PAGE 2 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Jim Robinette, Environmental Resources/Public Works Director, introduced Mr. Carl Rice, .who was recently promoted to the position of Street Superintendent... CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers added agenda items No. 13 and 14 to the consent agenda.. 93.294 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items. as follows: a. Claims for payment. b. October Investment Report. c. Receive minutes of the following advisory committee meetings: Planning Commission, November 4th Parks & Recreation Committee, November 3rd d. Building maintenance agreements with Polished Brass Cleaning Service and Osland Building Maintenance. e. Resolution No. 93-229 amending Resolution No. 90-44 designating exempt and non-exempt employees inaccordance with the Fair Labor Standards Act (ELBA}. f. Resolution. No. 93-230 modifying the employee handbook for employee insurance. g. Special assessment agreement with Mark and Carol Eide, 18462 Ixonia Avenue. h. Special assessment agreements with the following property owners on Kenwood Trail: Anthony and P.R. McDonald, 20094 Kenwood Trail Rachel Klingberg,19920 Kenwood Trail James Kadlec,19952 Kenwood Trail Eric & Kimberly Iverson, 20042 Kenwood Trail i. Special assessment agreements with the following property owners on 210th Street West: George Hammer, 9025-210th Street West Dean Zweber, 9006-210th Street West • Charles & Rhena Benolkin, 8834-210th Street West CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15,1993 • PAGE 3 j. Final acceptance of street improvements, Shady Oak Shores 5th Addition. k. Final acceptance of utility and street improvements, Highview Heights 5th Addition. 1. Waiver of Trespass/Right of -Entry for Parcel #3, North Creek channel clean-out, Improvement Project 92-13. m. Contract with Minnesota Department of Administration, Building Codes and Standards Division,. for review and inspection of public building projects. n. .Resolution No. 93-231 prohibiting parking on County State Aid Highway 5, Improvement Project 91-3. o. Resolution No. 93-232 requesting change of address from 19541 Kenwood Trail to 19638 Jasper Terrace; and Resolution No. 93-233 requesting change of address from 11005-205th Street West to 11005-203rd Street West. p. Resolution No, 93-234 setting dates of regular Council meetings for 1994. q. Resolution No. 93-235 approving agreement with Minnesota Department of Transportation for snow removal on Trunk Highway SO in downtown :Lakeville. r. Resolution No. 93-236 requesting the turnback of a portion of Interstate 35 right-of-way. s. Special assessment agreement with Susan Wilson, 10720-162nd Street West. t. Final acceptance of street improvements to Meadow Brook Fourth Addition. 13. Appoint Eide, Helmeke & Company as auditors of the 1993 City of Lakeville and Lakeville Fire Relief Association financial statements. 14. Ordinance No. 515 implementing the Wetland Conservation Act. of 1991. Roll call was taken on the motion. Ayes, Zaun, Sindt, .Mulvihill, Harvey, Ruhmann. ITEM 8-9 Mr. Jerry Shannon of Springsted, Inc. presented the bids for the sale of $580,000 of General Obligation Equipment Certificates of Indebtedness, Series 1993D. He explained that the proceeds of this bond issue will be used to finance the purchase of equipment for the City in 1994. Mr. Shannon reported nine bids were received, and the lowest bid was submitted by Smith Barney CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15, 1993 • PAGE 4 Shearson, .for a net interest cost of $65,115 and a net effective rate of 3.6571%. Mr. Shannon also presented the bid results for the $640,000 General Obligation Improvement Refunding Bands, Series 1993E, which will be used to refund the outstanding callable portion of the G.O.. Improvement Bonds, Series 1986A. He explained that the purpose of the refinancing is to reduce the interest rate that the .City is paying on the 1986 bonds, which currently ..carry an interest-rate of 7.589%. With the bid received from FBS Investment Services,. Inc., the City will now pay an interest rate of 4.7751%. Mr. Shannon went on to explain that the principal amount of the outstanding bands is being reduced to $630,000 due to the reinvestment rates enabling the City.. to maximize the efficiency of the escrow account. As a result, the City will save $468,037.65 in future tax levy dollars. Mayor Zaun asked if the federal arbitrage regulations on pre-payments of special assessments are as restrictive as the regulations that govern the investing of the proceeds from the bonds. Mr. Shannon stated the same types of restrictions apply. 93.295 .Motion was made by Harvey, seconded by Ruhmann to approve Resolution Na. 93-237 authorizing issuance, awarding sale, prescribing the form and details and .providing for the payment of $580,000 General Obligation Equipment Certificates of Indebtedness, Series 1993D. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun... 93.296 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 93-238 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $630,000 General Obligation Improvement Refunding Bonds, Series 1993E. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, .Ruhmann, Zaun, Sindt. ITEM 10 Dr. Paula Schanck requested Council approval of a conditional use permit amendment to allow the Southfork Animal Hospital to relocate to a different bay within the I~enwood Center. Mr. Dempsey outlined the request, stating the City's zoning .ordinance. allows veterinary clinics within the B-4 zoning district provided several criteria are rnet. .Requirements of the conditional use permit amendment include specific interior design criteria, sound proofing, ventilation and parking, which have all been addressed. The Planning Commission and staff recommend approval of the conditional use permit amendment. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15,1993 PAGE 5 Councilmember Sindt asked if there is complete separation between the bays to prevent the spreading of odors between bays. Mr. Erickson stated that the Chief Building Official has inspected the site, and has indicated that the walls do go all the way up to the ceiling. The relocation of the veterinary clinic will, however, require a modification to the roof top unit for air circulation, which is being addressed. 93.297 Motion was made by Harvey, seconded by Mulvihill to approve an amendment to Conditional Use Permit No. 89-01 to allow Southfork Animal Hospital to relocate within the Kenwood Center. Roll call was taken on the motion. Ayes, .Harvey,. Ruhmann, Zaun, Sindt, Mulvihill. ITEM 11 Mr. Michael Harvath requested Council .approval of a conditional use permit to allow a ground mounted radio antenna in excess of 15 feet in height at 16770 Hemlock Court. Mr. Dempsey outlined the request and stated radio antennas are permitted uses in residential areas provided the antenna is under 15 feet in height if ground mounted, and not higher than 20 feet above the roof line if roof mounted. Antennas higher than this are allowed only by conditional use permit. Mr. Dempsey explained that Mr. Harvath's original request was for an 85-foot high antenna. A public .hearing was held by the Planning Commission, at which time several concerns were raised by residents of the neighborhood. Mr. Harvath's proposal was reviewed by the City's communications consultant, who recommended a 50-foot antenna. Mr. Harvath amended his request to an antenna height of 50 feet, which includes the height of the tower, antenna and appurtenances. The public hearingg was tabled, and neighborhood meetings were held on October 12th and 23rd. As a result of the October 12th meeting, Mr. Harvath erected a temporary 50 foot galvanized steel tower with a 20 foot antenna. This allowed the neighborhood residents to view the antenna and discuss preferred placement and screening. The Planning Commission continued the public hearing on November 4th and required that Mr. Harvath provide alandscape/site plan to address setbacks and screening. Mr. Harvath proposes to install three columnar arborvitae, four feet from the base of the tower, to provide screening. The Planning Commission recommended approval. of the conditional use permit. Councilmember Ruhmann asked if antenna interference would have any affect on nursery monitors in the area. Mr. Harvath stated there is no likelihood of interference to nursery monitors from his antenna. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15,1993 PAGE 6 Councilmember Ruhmann asked about the possibility of creating an attractive nuisance, with children climbing the tower. Mr. Harvath stated there is an anti-climb fixture on the tower, which would prevent anyone from climbing the tower without a ladder. Councihnember Ruhmann also asked about the possibility of reducing the height of the antenna to 40 feet. Mr. Harvath stated that according to the City's communications consultant, the antenna would not. function properly below 50 feet in height. Mayor Zaun asked whether staff would consider .requests of this nature to be handled by an administrative permit, rather than a conditional use permit. Mr. Erickson indicated that effected property owners would not have prior knowledge or input on the type or location of the antenna without going through the public conditional use permit process. Councilmember Harvey stated he would be reluctant to allow this type of antenna by an administrative permit, because he felt that not .all applicants would have the credentials that Mr. Harvath has. 93.298 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and approve a conditional use permit to allow a ground mounted radio antenna in excess of 15 feet in height at 16770 Hemlock Court. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 12 Mr. John Bossardt of Bossardt Corporation, construction manager for the police station expansion and remodeling project, presented the bids received for the following bid Categories in Bid Package No. 1: Demolition, Earthwork/Site Demolition, Cast in Place Concrete, .Architectural Precast Concrete, .Masonry, Structural Steel, Aluminum Entrances/Windows/Glass, Mechanical and Electrical. He stated that City Council approval of these bid categories would .allow the project to proceed. on schedule. He explained that .based on review of all bids received as part of Bid Package No. 1, the .project is now approximately $37,000 under the design development budget. Mr. Erickson explained that afour-stall garage was included in the plans and specifications as abid-alternate. Bids for the garage came in at $71,561. He explained that the $37,000 savings from the base bids would be available to finance construction of the garage. He stated staff met with the Police Department Building Committee and recommends that $35,000 be removed from the $106,000 office .furniture portion of the budget to provide the .remaining financing for construction of the four-stall garage. • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15,1993 PAGE 7 93.299 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 93-239 awarding contracts on the following bid categories for the police station expansion and remodeling project: Demolition, Earthwork/Site Demolition, Cast in Place Concrete, Architectural Precast Concrete, Masonry, Structural Steel, Aluminum Entrances/Windows/Glass, Mechanical and Electrical. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, .Harvey, Ruhmann. 93.300 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No, 93-240 awarding contracts on the aforementioned bid categories for Bid-Alternate No. 1 in the amount of $57,61$; and authorize the total cost for Bid-Alternate No. 1 to be funded utilizing the $37,000 savings from the base bids and $35,000 from the police station office furniture budget. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 15 Mr. Erickson presented a letter from Superintendent Carl Wahlstrom, LS.D. 194, requesting the City to review its ordinances regarding the City's ability to prohibit contractors .from performing underground work on or near ggas lines located on School District property while school is in session. Mr. Erickson recommended that the City Attorney be authorized to review the City's ordinances, franchise agreements and current practices. 93.301 Motion was made by Sindt, seconded by Mulvihill to authorize the City Attorney to review the City's ordinances, franchise agreements and current practices and make a recommendation to the City Council regarding the request of School District 194 to prohibit utility work from being performed on or near school property while school is in session. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. UNFINISHED BUSINESS .Councilmember: Harvey pointed out that the contractor for the Jacquard Avenue improvement project will apparently not begin work until next spring. NEW BUSINESS Councilmember Sindt raised a concern re aiding the lack of street lights on Holyoke Avenue from 202nd Street to 205th Street. Staff will look into the matter. Councilmember Harvey presented photographs he had taken of several zoning violations within the .City. The City Council referred them to the City Attorney for review, .and suggested the matter be discussed at a future work session. CITY OF LAKEVILLE COUNCII. MEETING NOVEMBER 15, 1993 PAGE 8 Announcements: Next regular Council meeting, December 6,1993 Budget work sessions, November 16 and November 29 Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, Charlene ~riedges, City erk Du ne Zaun, May r