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Home My WebLink About07-19-93 CITY OF LAKEVIL~E COUNCIL MEETING • JULY 19, 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; M. Sobota, Community & Economic Development Director; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks. & Recreation Director; D. Gudmundson, Chief of Police; C. Friedges, City Clerk. MINUTES The minutes of the July ,6, 1993, City .Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: Mr. Erickson provided a corrected cover memo for consent • agenda item 7f. He also requested Council .consideration of the Right of First Refusal to purchase the commercial strip center at T.H. 50 and Dodd Boulevard, a portion of which is leased by the City for Liquor. Store No. L The Council placed this matter under New Business on the .agenda. POLICE CHIEF Don Gudmundson presented the June Police Department monthly report, and. showed a video recording of an incident which was .recorded using the video camera recently donated to the Police Department by the Mothers Against Drunk Driving. .PARKS & RECREATION DIRECTOR Steve Michaud presented the June Parks Recreation Department monthly activi report. Councilmember Sindt asked about the water problem on the 160th ~treet trail. Mr. Michaud stated that a letter has .been sent to Apple Valley city. officials requesting their assistance in resolving this matter. C171ZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed Item 7m, submittal of a construction permit and maintenance agreement .application to Metropolitan Airports Commission for Ryt-Way expansion/storm pond construction, from the consent agenda. 93.198 1Vlotian was made by Harvey,. seconded by Ruhmann to approve the consent agenda • items as follows: CITY OF LAKEVILLE COUNCIL MEETING JULY 19,1993 PAGE 2 • a. Claims for payment. b. Monthly investment report. c. .Confirm election of Danny Barth as Fire Department Assistant Chief. d. Receive Fire Relief Tax Levy. Certification. e. Approve Kittyhawk Concert to be held at Antlers Park on August 15,.1993. f. Ordinance No. 506 rezoning. property located north of 207th Street West. at 207th Court West from R-7, High Density Residential District, to R-3, High Density Single Family Residential District. g. Ordinance No. 507 rezoning property located south of 207th Street West and east of Dodd Boulevard from CBD-I, Central. Business District-Industrial,. to R-2, Single Family Residential District. h. Final payment to Friedges Landscaping, Inc. for Casperson Park, Improvement Project 91-7. i. Change Order No. 2 to Northwest Asphalt, Inc. for 164th Street West, • Improvement Project 92-9. j. Revised City of Lakeville Standard Specifications and Detail Plates. k. Set Council work sessions. for July 20th and August 10th. 1. Matching Grant Agreement between City of Lakeville and Metropolitan Waste Control Commission for chemical .grout sealing of manholes to reduce infiltration/inflow. m. (Removed from consent agenda). Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 1TEM 7M Mr. Jack Berdan, business consultant representing Ryt-Way 'Packaging Corporation, requested Council consideration of the submittal of a construction permit and maintenance agreement application to the Metrapolitan Airports Commission (MAC) for the. construction of a storm pond to accommodate. the proposed expansion of their facility in Airlake Industrial Park. Mr. Sobota provided an overview of Ryt-Way Packaging Corporation's expansion plans and the conversion of warehouse space to manufacturing space. Ryt-Way • hired Barr Engineering to review possible drainage channel improvements to CITY OF LAKEVILLE COUNCIL MEETING JULY 19, 1993 PAGE 3 • enable the construction of additional parking. Ryt-Way is proposing to construct a 25 acre foot storm .pond on MAC-awned property located directly south of the Ryt-Way.. property. R~-Way is also proposing the extension of sanitary sewer through the MA property to serve the south building expansion. Mr. Sobota explained that the MAC staff is supportive of the project, however, they are requesting approval by the City to extend watermain approximately 800 feet for fire protection {only} to the new hangars proposed to be constructed at Airlake Airport. Councilmember Harvey stated he was concerned with granting the watermain extension into Eureka Township without the township's knowledge and approval Mr. George Townsend, Eureka Town Board member, stated the .original watermain was extended to the Airlake Airport without the knowledge of Eureka Township officials. Mr. Erickson suggested that the City send its application to MAC for their .review and, simultaneously, request MAC to submit their request to the Eureka Town Board for consideration, 93.199 Motion was made by Harvey, seconded by Mulvihill to authorize the submittal of a construction permit and maintenance agreement application to the Metropolitan Airports Commission for the Ryt-Way expansion and storm pond • construction project, with the understanding that there will be no construction of the watermain until approved by the Eureka Town Board. Roll. call was taken on the motion. Ayes,. Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEMS 8-10 Mr. Bob Pulscher of Springsted, Inc. presented. the bid .tabulations for three City of Lakeville general obligation bond issues and recommended approval as follows: $550,000 G.O. Improvement Bonds, Series 1993A: FBS Investment Services, Inc./Norwest Investment Services, Inc. 3.54% Net Interest Rate $1,250,000 G.O, Park Refunding Bands, Series 1993B": FBS Investment Services,Inc./Norwest Investment Services, Inc. 4.70% Net .Interest Rate $1,340,000 G,O. Improvement Refunding Bonds, Series 1993C: Cronin & Company, Inc./Smith: Barney, Harris, Upham & Company 4.97% Net Interest Rate • Councilmember Harvey painted out that the refinancing of these bond issues will save the taxpayers of Lakeville approximately $650,000. CITY OF LAKEVILLE COUNCIL MEETING JULY 19, 1993 PAGE 4 • .93.200 Motion was made by Harvey, seconded by Mulvihill to authorize the .sale of $550,000 General Obligation Improvement Bonds,Series 1993A, to FBS Investment Services, Inc. and Norwest Investment Services, Inc, Roll call was taken. on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 93.201 Motion was made by Mulvihill, seconded by Harvey to authorize the sale of $1,250,000 General Obligation Park Refunding Bonds, Series 1993B, to FBS Investment Services, Inc. and Norwest Investment Services, Inc.. Rall call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 93.202 Motion was made by Sindt, seconded by Ruhmann to authorize. the sale of $1,340,000 General Obligation Improvement Refunding Bonds, Series 1993G, to Cronin & Company, Inc. and Smith Barney, Harris Upham & Company, Inc. Rall call .was :taken an the motion.: Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 11 • Mr. Jim Stang of Arden International Kitchens requested Council consideration of a two phase expansion of their existing facility located at 21:150 Hamburg Avenue in Airlake Industrial Park. He explained that the expansion would increase their manufacturing capacity by adding a spiral freezer, and. would allow for the conversion of their freezing operation from a Freon based system to an ammonia based system. Mr. Sobota explained that in order for the project to move forward, the .City Council is being asked to approve the following items: A. Development contract to allow the deferment of 19 parking spaces. B. Conditional use ppermit far impervious surface within the shoreland district. Up to 75% impervious surface is allowed with a conditional use permit. G Eight fact side yard setback variance.. Phase I of the proposed building expansion encroaches into an existing side yard. on the south side of the existing building. Arden Kitchens has been unable to purchase a triangular shaped parcel because of unresolved title issues with Airlake Group/RTC. The owner of the Arden Kitchens property, Norlor Partnership, has committed to acquire the parcel. when it .becomes available for sale, which is expected to occur on April 1, 1994. When this acquisition takes place, the parcels will be combined. to eliminate the setback variance. • CITY OF LAKEVILLE COUNCIL MEETING JULY 19, 1993 PAGE 5 • Mr. Sobota stated the Planning .Commission held a public hearing on the variance and conditional use permit request and recommended approval. Staff recommends approval of the parking deferment, conditional use permit and variance, subject to the building owner acquiring .sufficient land to erase the variance and combine the parcels into one tax parcel prior to Phase II expansion.. 93.203 Motion was made by Harvey, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve a development contract with Arden International Kitchens for deferment of .the construction of 19 parking spaces, a conditional use permit for impervious surface and an eight foot side yard setback variance to accommodate a two phase expansion project at 21150 Hamburg Avenue. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sndt, Mulvihill, Harvey.. ITEM 12 Mr. Michaud presented the proposed Brackett's Crossing Park Development Plan, which would include an access trail from Layton Path, a medium-sized playground, a small open play area, future landscaping, park benches and a small basketball court area. He explained that the original concept plan did • not include. a basketball hard surface area or standard. The area residents. have agreed to provide funding for the additional hard court surface area and basketball standard. The Lake Villa Homeowners Association has voted to expend $270 toward the hard court surface and $430 toward the basketball standard. The homeowners association has proposed to reimburse the City the remaining amount ($370) for the basketball standard in 1994. Mr. Michaud explained that this park development was made possible .through the donation of land from the developers of the Brackett's Townhomes, Herb and Elaine Wensmann, along with an additional $10,000 donation by the Wensmanns over and above the park and trail dedication requirements. Councilmember Sindt asked if this is the first City park where the new ADA regulations are taken into consideration. Mr. Michaud stated this park does meet the new ADA regulations. 93.204 Motion was made by Harvey, seconded by Sindt to approve the Brackett's Crossing Park Development Plan and accept the donation proposal from the Lake Villa Homeowners Association. Roll call was taken on the motion. Ayes, Zaun, Sndt, Mulvihill, Harvey, Ruhmann. UNFINISHED BUSINESS None. NEW BUSINESS CITY OF LAKEVILLE COUNCIL MEETING JULY 19, 1993 PAGE 6 Mr. Feller explained that Budget Oil has made an offer to purchase the property at the corner of Hi hway 50 and Dodd Boulevard, which includes .the space leased to the City for Liquor Stare No. 1. He stated Liquor. Store No. 1 does not generate sufficient net income to justify acquisition of the property and, therefore, recommended the City Council elect not to exercise its right: of first refusal to purchase the premises. 93.205 Motion was made by Sndt, seconded by Mulvihill to receive the letter from MGB Enterprises dated July 14, 1993, and elect not to exercise the City's right of first refusal to purchase the property at the corner of Highway 50 and Dodd Boulevard. Roll call was taken. on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ANNOUNCEMENTS Council Work Session, July 20,1993 Next Regular Council Meeting, August 2, 1993 Mayor Zaun adjourned the meeting at $:20 p.m. Respectfully submitted, Charlene Friedges, Ci clerk uane Zaun, yor •