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HomeMy WebLinkAbout08-16-93 tT CITY OF LAKEVILLE COUNCIL MEETING • AUGUST 16, 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 Sindt, Mulvihill,. Harvey and Mayon Zaun. Absent: Councilmember Ruhmann. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of .Police; C. Friedges, City Clerk. MINUTES The minutes of the August 2, 1993, City Council meeting were approved. as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. • ADMINISTRATOR: Mr. Erickson provided a Special. Assessment Agreement with Valley View Church of God, which has been signed by the property owner. He asked the Council to consider approval of the agreement under Agenda .Item No. 1Q. CHIEF OF POLICE: Chief Gudmundson presented the July Police Department monthly :report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the July Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mayor Zaun introduced the new Chamber of Commerce Executive Director, Cindy Johnson. Dave Krings introduced Scott Dornfeld, Temporary Building Inspector. Mayor Zaun introduced Dr. John T. Haro, the new School Superintendent for District #196. Mayor Zaun presented an appreciation plaque to Jeff Larson, Parks & Recreation Advisory Committee member. .CITIZENS' COMMENTS None. CONSENT AGENDA CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16,.1993 PAGE 2 Councilmembers removed items 7e, engineering study for Foxborough Addition storm sewer improvements, and 7f, engineering study for storm sewer improvements to Dodd Boulevard and 210th Street West, from the consent agenda. 93.215 Motion was. made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. Receive monthly investment report. c. .Receive minutes of the following advisory committee meetings: Planning Commission, August 5, 1993 Parks & Recreation Committee, August 4,1993 Environmental Affairs Committee, August 3, 1993 d. Approve Public Improvement/Special Assessment and Development Agreement with ISD 194, receive feasibility report and approve Resolution No, 93-154 authorizing preparation of plans and specifications for street improvements to Jacquard Avenue and County Road 64, Improvement Project . 93-4. e. (Removed from consent agenda.) f. (Removed from consent agenda.) g. Resolution No. 93-155 calling a public hearing on certification.. of delinquent utility accounts. h. .Service Agreements with Polished Brass Cleaning Service and Osland Building Maintenance for the period of September. l through November 30, 1993. i. Special Assessment Agreements with Mr. Jan Menke, 9798 - 185th Street West, .and C. Peter Eisele, 840Q-160th Street West. j. Set a special Council meeting for September. l3, 1993, for the purpose of reviewing the proposed 1994/95 budget. k. Special Assessment Agreement for Crystal Lake. Golf Estates 3rd Addition. 1. Resolution No. 93-156 approving amendment to the Comprehensive Trail Plan. m. Resolution No. 93-157 approving vacation of a portion of an existing drainage and utility easement at 17145 Jasper Trail CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16,1993 . PAGE 3 n. Joint Powers Agreement for Study of Feasibility of Consolidated Public Safety Communications. Services. o. Sewer Connection Agreements with the following property owners on 19Sth Street: Merlyn and Bonita Rosenbush, Robert Jr. and .Doris Larkin, Marbert and Judith Heintz and Dennis and Dawn Melgaard. p. .Resolution No. 93-158 authorizing the sale of Fire Pumper #84. q. Final acceptance. of utility and .street. improvements in Highview Heights 4th Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey. ITEM 7E Mr. Nelson presented a report prepared by Barr Engineering which recommends the construction of a relief storm sewer in Foxborough 2nd Addition to eliminate surcharging and rear yard flooding, which has occurred frequently during the past two years due to adverse weather. Barr Engineering estimates the project will cost about .$115,000.., There are no proposed assessments to the property owners, as the project would be financed by the Trunk Storm Sewer Fund. Mr. Nelson presented a second alternative whereas the storm sewer would be routed .along Grinnel Path south of 165th Street and .across City owned property to discharge into the conservation/ponding area. This alternative would eliminate the need for easement acquisition and construction between existing homes. Some residents presented photographs and asked for reassurance that -the proposed design would solve the flooding. problem. The City Council, City Administrator. and City Engineer indicated the design as proposed should remedy the flooding. caused by surcharging. The following residents indicated their support of the proposed storm sewer project: Gerald & Mary Jo Yasgar, 16455 Griffon Trail Kurt Melander, 7679-165th Street W. Richard Grogan, 16443 Griffon Trail Eugene & Linda Seifert, 16451 Griffon Trail John Watters, 7656-165th. Street W. 93.216 Motion was made by Harvey, seconded by Mulvihill to receive "Barr Engineering's report dated August 5, 1993, and the City Engineer's recommended. alternative, and authorize preparation of plans and specifications and acquisition of right-of-way, if ,,necessary, for storm sewer improvements from Griffon Trail to 165th Street West in Foxborough 2nd Addition, Improvement Project93-8. CITY 4F LAKEVILLE COUNCIL MEETING AUGUST 16, 1993 PAGE 4 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun. ITEM 7F Mr. Nelson presented a report prepared by Barr Engineering which identifies three alternatives (Cases 1-3) for rerouting drainage autfall from Lake Marion. The engineering department feels Case 3 provides the best. permanent .solution, by diverting the Lake Marion outflow into storm sewer to be constructed along Dodd Boulevard and 210th Street. West. In addition to the Lake Marion outflow, this system would pick up drainage from the Hammer pond in Clay's Acres, which .presently floods agricultural property and. residences north of 210th Street and east of Dodd Boulevard. Mr. Nelson stated that in addition to rerouting storm sewer, it may be possible to eliminate areas through downtown that are currently shown in the 100 year floodway due to the Lake Marion outflow route. As part of this improvement project, staff is recommending..,. the reconstruction of 210th Street between Dodd Boulevard and the railroad tracks, which had been omitted from .improvement Project 91-9 due to future storm sewer construction to serve downtown. Also, the installation of sanitary sewer is being proposed along 210th: Street from Howland Avenue to the west to serve existing .homes.. Since this is a storm sewer project,. there would be no • assessments for sanitary- sewer at this time. The total construction cast of the project is estimated at $752,314. The project would be financed .through the trunk storm sewer, trunk sanitary sewer and trunk water funds. 93.217 Motion was made by Harvey, seconded by .Mulvihill to receive Ban Engineering's reports dated July 20 and August 4, 1993, .and authorize the preparation of plans and specifications for Dodd Boulevard and 210th Street West reconstruction, Improvement Project 93-7. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt. ITEM 8 Mr. Bernie Hafschulte of Bernca, Inc. requested Council approval of a planned unit development/conditional. use permit amendment, deferment of 12 parking spaces and street vacation to accommodate an expansion onto their existing building located at 11358-215th Street West. Mr. Sobota stated that Bernco is proposing. to construct a 14,000 square fo©t addition between the two existing buildings on their 10-acre site. The addition would join the. two buildings to form a single .structure. Bernco is requesting the vacation of 21Sth Street from Kenrick Avenue to I-3S and a portion of the Kenrick Avenue right-of-way. He explained that 215th Street West is of no existing or future use to the City due to the lack of access onto I-3S, and staff supports the vacation of 21Sth Street, west of the westerly right-of-way of Kenrick Avenue. The two existing billboards on the property would be removed when the lease expires (February S, 1994). Staff .CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16,1993 • PAGE 5 is .recommending that the City and County maintain a minimum of 120 feet of right-of--way from the center line of Kenrick Avenue. for the future development of the frontage road. Staff recommends approval of the planned unit development/conditional use permit amendment, street vacation. and parking deferment. Councilmember Sindt asked if Bernco uses any hazardous materials. Mr. Scott Hofschulte, General Manager, stated they are in carnpliance with State PCA requirements. He further stated all of the products they use have been tested. and are. expected to be non-hazardous. Councilmember Harvey stated he was somewhat .reluctant to support the vacation of a portion of Kenrick Avenue {old .Highway 65), which is now County right-of--way. Mr. 5obota explained that an additional 60 feet will be reserved for a future frontage road along Kenrick Avenue, for a total of 120 feet west of the center line of Kenrick Avenue. Mr. Erickson stated he felt the County Board wily also take a cautious approach to this right-of-way vacation. 93.218 Motion .was made by Harvey; seconded by Sindt to receive the Planning Commission's findings of fact and approve a planned unit developmentkonditional use. permit amendment for Bernco, Inc., and. approve • Resolution No. 93-159 for parking deferment. .and Resolution No, 93-160 for street vacation. The Council indicated its willingness to support the vacation of excess County right-of-way. ITEM 9 Mr. Sobata presented a development agreement with Ryt-Way .Industries, Inc. for a .parking deferment, sanitary sewer extension and construction of a storm pond to allow for the expansion of their facility at 21855 Cedar Avenue. He explained that the Metropolitan Airports Commission is recommending approval of the development agreement subject to City approval of the watermain extension for fire .protection to -the new. Airlake Airport hangers. The Eureka Town Board has approved the extension. of the watermain to the airport, which is located in Eureka Township. 93.219 Motion was made by Sindt, seconded by Mulvihill to approve the development agreement with Ryt-Way Industries, Inc. for parking .deferment and .sanitary sewer and .storm water improvements to allow for the expansion of Ryt-Way Industries' operations at 21$55 Cedar Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey.. 93.220 Motion was made by Mulvihill, seconded by Sindt to approve the extension of approximately 800 feet of watermain for fire protection purposes to the newly constructed hangers at Airlake Airport, subject to an agreement, to be prepared by the City Attorney, stating that. the Metropolitan Airports CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16,1993 • PAGE 6 Commission shall be responsible for all costs associated with the watermain extension.. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun. ITEM 10 Mr. William Barbush, representing B & G Development, requested Council approval of .the final plat of Highview .Heights 6th Addition and the vacation of a perpetual flowage easement south of 160th Street and west of .Grove Trail. Mr. Sobota presented the planning report for Highview Heights 6th Addition, which consists of 35 single family residential lots and one church lot on the south side of 160th Street east of Highview Avenue. The construction of Highview Heights 6th Addition .includes the construction of Harmony Path, a minor collector street. Mr. Sobota explained that in conjunction with the final plat, the developer is requesting the vacation of an existing perpetual flowage easement located on the Valley View Church of God property. A special assessment agreement has been signed by Valley View .Church of God. Mr. Sobota explained that B & G Development will assume the pending assessment against the church property for the` County Road 46 improvement project. Valley View Church of God would assume the access charge for the watermain along, County Road 46 and storm sewer area charge for their property. Staff recommends approval. Councilmember Sindt asked about the driveway approach from County Road 46 and the corresponding grades on the church site.. The developer's engineer responded. Councilmember Harvey asked if fill is going. to be required under any of the house footings. The developer's engineer stated no significant fill .will be required.. 93.221 Motion was made by Mulvihill, seconded by Harvey to .approve Resolution No, 93-161 vacating. a perpetual flowage easement south of" 160th Street and west of .Grove Tra~I, and Resolution No. 93-162. approving the final plat of Highview Heights 6th Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt. 93.222 Motion was made by Harvey, seconded by Sindt to approve a Special Assessment Agreement with Valley View Church of God, 8130-160th Street West. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill ITEM 11 93.223 .Motion was made by Harvey, seconded by Sindt to table consideration of the • Marion Pines 3rd Addition. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16,1993 • PAGE 7 Roll call was taken on the motion. Ayes, Zan, Sindt, Mulvihill, Harvey.. UNFINISHED BUSINESS None. NEW BUSINESS None. ANNt)UNCEMENTS Next Regular Council Meeting, Tuesday, September 7,1993. Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, Char Friedges, City erk D pane Zaun, May r • •