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HomeMy WebLinkAbout10-18-93 CITY OF LAI~EVILLE COUNCIL MEETING • OCTOBER 18,1993 The meeting was called to order at 7:OS p.m. by Mayor Zaun. The pledge of allegiance to the flag was lead by Cub Scout Pack 262. 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; Leslee Gustafson, Assessment Clerk; C. Friedges, City Clerk. MINUTES The minutes of the October. 4, 1993, City Council meeting were approved as presented.. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson asked the Council to consider, under New Business, a resolution authorizing the City staff and attorney to enter into negotiations for the acquisition of a .storm water pond site at I-3S and Highway S0, just • south of the proposed Cracker. Barrel Restaurant location. ENGINEER: None. ADMINISTRATOR: Mr. Erickson asked the Council to consider, under New Business, setting a work session to discuss miscellaneous matters. CHIEF OF POLICE: Chief Gudmundson presented the September Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the September Parks & Recreation Department monthly activity report. PRESENTATIONS/INTRODUCTIONS The Mayor and Councihnembers presented certificates of recognition for community service to the following individuals/groups. Orchard Lake Homeowners' Association Craig "Mr. Kite" Christensen Joyce Baillif, caregiver Cub Scout Pack 262 Firefighters Danny Barth, Deal Pearl and Greg Stommes Roger Yost, unofficially adopted Ritter Farm Park Larry McCaghy, Senior High School Choir Director Ron E. Thompson, youth athletic coach Joan Havens Kester, Minn. Valley Adult Basic Education volunteer CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 18,1993 . PAGE 2 David Krings, Chief Building Inspector Tom Kuzmar, youth baseball past commissioner Fred Taft, craftsman Carol Monter, master gardener Clayton. Nakamitsu, DARTS friendly visitor J. Alden Fredlund, community-spirited citizen Jeff Gorman, youth athletic coach Larry Hamee, "55-Alive" instructor and volunteer driver Richard J. Krentz, Royal Milc, community-spirited businessman Mark Bellows and Ron Maynard, volunteer chaplains for Folice Dept. Mr. Larry Hamre presented a certificate of appreciation from the ARP (Association of Retired Persons) to Eileen Fondell, Senior Coordinator. Mayor Zaun read the proclamation declaring October 17-23 as Family Child Care Provider Week in Lakeville. Jill Lawrence, who was recently named outstanding child care provider in Dakota County, accepted the proclamation. 93.267 Motion was made by Sindt, seconded by Mulvihill to proclaim the week of October 17-23,1993, as Family Child Care Provider Week in Lakeville. Roll call was taken on the. motion.. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mayor Zaun introduced Mr. Mark Loftus of the Minnesota Department of Trade and Economic Development, who presenteda proclamation from Governor Carlson recognizing. Lakeville's extraordinary efforts and responsiveness in the area of economic development. Also present were Community & Economic Development staff members, Mike Sobota and Carol Graff, and Gary Tushie, Chairman of the .Economic Development Commission. Mayor Zaun read a proclamation declaring October 1$-22 as Manufacturer's Week in Lakeville. Ms. Cindy Johnson, Executive Director of the Lakeville Chamber. of Commerce, accepted the proclamation. 93.268 Motion was made by Harvey, seconded by Ruhmann to proclaim the week of October 18-22,1993, as Manufacturer's Week in Lakeville.. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Chief Gudrnundson introduced Ms. Barbara Majchrzak, the new part-time Secretary/Receptionist for the Police Department. CITIZENS' COMMENTS None. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 18,1993 PAGE 3 CONSENT AGENDA Councilmembers added Item 14, Site Lease Agreement with U.S. West, to the consent agenda. 93.269 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive September Investment Report. c. Receive minutes of the following advisory committee meetings: Planning Commission, October 7,1993 Parks & Recreation Committee, October 6,1993 Economic Development Commission, September 28,1993 d. Approve 1994 senior citizen assessment deferments for James. Gannon, Margaret Buerke and Benno Klotz. e. Resolution No. 93-204 approving plans and specifications and setting a bid date for street improvements to 199th Street and Orchard Trail, Improvement Project 93 14. £ Change Order No. 1 for the Foxborough storm sewer project, Improvement Project 93-8. g. Change Order No. 1 for the 188th Street/Orchard Trail project, Improvement Project 92-19. h. Final acceptance of street improvements in Meadow Brook Third Addition. i. Resolution No. 93-205 calling public assessment hearing for 195th Street sanitary sewer,. Improvement Project 92-10. j. Receive recertified Schedules I, II and III for lump sum pension plans, State Fire Relief Aid, Years 1992,.1993 and 1994. k. Resolution No. 93-206. approving a raffle license for the Bloomington Lions Club. 1. Agreement with. Robert and Betty Brandy, 10249 - 182nd Street West, for ..installation of a booster pump. ~r m. Special assessment agreement with Donald Korba, 10920 Orchard Trail. n. Set a special Council meeting for November 3, 1993, at 6:45 p.m. to canvass official results of the November 2nd City Election. o. Resolution No. 93-207 authorizing the Gale of Lakeville's half ownership in the stage co-owned with the City of Eagan. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 18,1993 • PAGE 4 p. Approve cost sharing with LS.D. 194 for sodding of the 1994 Elementary School ball fields. q. Authorize Mayor and City Clerk to enter into agreement with Minnesota DNR, Division of Forestry, to accept a Small Business Administration tree planting grant. r. Resolution No. 93-208 receiving feasibility report, approving plans and specifications and authorizing acquisition of utility and drainage easement for the North Creek channel :clean-out, Improvement Project 92-13. s. Resolution No. 93-209 accepting donation from the Lakeville VFW Post 210 to the Parks & Recreation Department. 14. .Approve Lease Agreement with U.S. WestNew Vector Group for a mobile cellular communications facility at the McStop water tower site. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun.. Mayor Zaun recessed the meeting at 8:15 p.m. and reconvened at 8:20 p.m. ITEM 8 Keith Nelson introduced Mr. Ray Wuolo of Barr Engineering, who provided an overview of the Well Siting Study prepared for the City of Lakeville. He explained that the City of Lakeville authorized Barr Engineering to prepare a well siting study to analyze the best source and location for future well construction. He also discussed pending Federal and State regulations for well-head protection and how it relates to this study. The Well Siting Study recommends the installation of eight new wells within .the City over a 22 year period, beginning in 1994.. 93.270 Motion was made by Harvey, seconded by Mulvihill to receive the City of Lakeville Well Siting Study prepared by Barr Engineering Company, dated September, 1993. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann,. Zaun, Sindt. ITEM 9 Mr. Sobota presented the requests from three businesses along Trunk Highway 50, White Funeral Home, Lakeville Dental. Assoc. and Cross Nursery, for variances from the minimum setback requirements for free standing signs.. He explained that the.. reconstruction of .Trunk Highway 50 required MnDOT . acquisition of additional right-of--way .from several residences and businesses CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 18,1993 • PAGE 5 within the reconstruction area. Mr. Sobota stated the property owners will be required to sign hold harmless agreements with the City, pnor to issuance of the sign permits, due to the close proximity of the signs to the Trunk Highway SQright-of--way. Staff recommends approval. Councilmember Sindt asked if the White Funeral Home sign will be a monument type of sign. Mr. Sobota stated it will be a monument type, raised an additional four feet to provide for snow storage and greater visibility. Councilmember Harvey pointed out that a government action (T.H. 50 reconstruction) has created the need for these variance requests. 93.271 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and grant the sign setback .variances at 20134 Kenwood Trail, 20171 Icenic Trail and. 19774 Kenwood Trail, subject to Frank Dempsey's memorandums .dated October 15, 1993 (on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill ITEM 10 Mr. Les Taylor, representing Cracker Barrel Old Country Store, requested a variance from the City's sign ordinance to allow a free standing sign in excess of the 30 feet in height permitted in the B-4, General Business District. He explained that Kenyon Avenue will be realigned .with the construction of the Cracker Barrel .Restaurant, which is proposed to be located on the west side of I-35, east of Kenwood Trail. Mr. Taylor stated that Cracker Barrel intends to place the Naegele Sign Company. on notice. to remove their existing billboard from the. property within. 90 days after issuance of the building permit. Under Naegele's current lease, however, the sign would be removed no later than May 1, 1994. Mr. Sobota presented the staff report .and a sign target study conducted by Elrod & Company on behalf of Cracker Barrel. The study concludes that the maximum permitted sign height of 30 feet is only visible at .4 mile from the site while traveling on I-35 northbound. The height is not as critical when traveling .southbound on I-35. Staff recommended approval of a 20 foot variance to allow a total sign height of 50 feet. The Planning .Commission, however, raised safety concerns with the :entire sign being visible with the 50 foot height, and recommended a maximum sign height of 60 feet. Councilmember Harvey asked if Cracker Barrel would consider using their proposed pylon sign for a secondary use when the three .acres to the north develops, sunilar to the sign which Burger King and Amoco share on the east side of I-35. Mr. Taylor stated Cracker Barrel would prefer to have their own sign. Mr. Sobota explained that the shared sign .issue was not pressed upon Cracker Barrel, given their cooperative efforts in developing this site, i.e., storm CITY OFT "AKRVILLE COUNCIL MEETING OCTOBER 1$,1993 • PAGE 6 ponding, realignment of Kenyon Avenue, driveway access, landscaping, etc. He also stated that there are no definite plans at this time to develop the three acre parcel to the north. 93.272 Motion was made. by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and grant a 30 foot height variance to allow a freestanding sign fora :maximum .height of 60 feet for the proposed Cracker Barrel Old Country Store, located at the Kenwood Trail and Kenyon Avenue. intersection. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 11 Mr. Sobota provided a brief overview of a conditional use permit request by the City of Lakeville to allow a 6,500 square foot addition, with optional attached/detached accessory garage locations, to the Lakeville Police Station at 20110 Holyoke Avenue. 93.273 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and. approve a conditional use permit for a 6,500 square foot. addition to the Lakeville Police Station, 20110 Holyoke Avenue. Roll call was taken on the motion. .Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 12 Mayor Zaun stated the City Council had requested staff, at its October 6th work session, to prepare a resolution establishing a citizen advisory task force to consider the need for a parks and recreation bond referendum. 93.274 Motion was made. by Mulvihill, seconded by Harvey to approve Resolution No. 93-120 approving the establishment of a task force to study the need for a park bond referendum. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 13 Mr. Erickson explained that the League of Minnesota Cities, in cooperation with the National League of Cities, is recommending that cities all across the United States declare October 27th as "National Unfunded Mandates Day" by approving a .resolution to bring public awareness to the dramatic increase in mandates that have been imposed on cities by the state and federal government. The model resolution was tailored to the City of Lakeville by - referencing the number of mandates which affect the community and asking the .CITY OFT .AKRVILLE COUNCIL MEETING OCTOBER 18,1993 • PAGE 7 congressional delegation and state legislators to consider attaching a fiscal note to any new legislation which includes mandates that affect cities. 93.275 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 93-211. regarding unfunded mandates. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEMS 15-16 Mr. Feller presented a resolution authorizing the issuance .and sale of $580,000 General Obligation Equipment Certificates of Indebtedness, Series 1993D and a resolution authorizing the issuance and sale of $640,000 General Obligation Improvement Refunding Bonds, Series 1993E. He explained that the certificates of indebtedness will be used to finance the acquisition of capital equipment for 1994. Improvement bonds were issued in 1986 to finance improvements to Clays Acres,. Kenrick Avenue, Indra Way and Valley Park 8th Addition. By reducing the amount of the outstanding debt and issuing new debt at lower interest rates, the City will net a savings of approximately $465,680. The bid opening is scheduled for November 15,1993. Mr. Feller stated that the County .Auditor's office has just informed him that the City of Lakeville's 1994 tax capacity rate .will increase less than one percent for next year.. This means that most residential properties in Lakeville will see less than a $2.00 increase in the City's share of property taxes for .1994. 93.276 Motion was made by Harvey, seconded by Ruhmann to approve Resolution. No. 93-212 authorizing the issuance and sale of $580,000 General Obliggation Certificates of Indebtedness, Series 1993D, and Resolution No. 93-213 authorizing the issuance and sale of $640,000 General Obligation Refunding Bonds, Series 1993E. Roll call. was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS Councilmember Harvey .expressed concern that the contractor had not begun construction on the Jacquard Avenue improvement project. Mr. Nelson stated the contractor is currently waiting on utility companies to relocate their facilities to accommodate construction. He also provided a status update on the Trunk. Highway 50 improvement. project. NEW BUSINESS Mr. Knutson requested Council approval of resolution authorizing the City staff and City Attorney to enter into negotiations to acquire approximately a one acre parcel to construct a storm water pond south of the proposed Cracker Barrel Restaurant site.. He explained that MnDOT is willing to sell excess CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 18,1993 PAGE 8 right-of--way under the pond to the City of Lakeville and to turn back other right-of--way portions to the Dakota County Highway Department. The property to be acquired. by the City is .proposed to be sold at fair market value to be determined by an appraiser hired by the City. 93.277 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 93-214 authorizing City staff and the City Attorney to enter negotiations for the acquisition of a storm water pond site. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Councilmember Harvey suggested the Council consider holding a joint work session with the Farmington City Council to discuss matters of mutual interest. 93.278 Motion was made by Mulvihill, seconded by Sindt to hold a work session on Tuesday, October 26th, at 7:00 p.m. Roll call was taken on the motion. Ayes,. Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS. • Next Reg lar Council meeting, November 1,1993 Special Council meeting, November 3,1993 Mayor Zaun adjourned the meeting at9:35 p.m. Respectfully submitted, Cha ene Frie ges, Clerk ane Zaun yor