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HomeMy WebLinkAbout05-03-93 CITY OF LAKEVILLE COUNCIL MEETLNG MAY 3, 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; B. Christensen, Fire Chief, D. Krings, Chief Building Official; C. Friedges, City Clerk. MINUTES The minutes of the April 19, 1993, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. • ADMINISTRATOR: Mr. Ericksonprovided additional information for Agenda Item No. 17 and asked the Council to consider receipt of a letter from Lance Johnson regarding the re-assessment of Outlot A, Dakota Heights 7th Addition, Agenda Item No. 9. PRESENTATIONS/INTRODUCTIONS Chief Gudmundson introduced seven new members of the Lakeville Police Reserve and administered the oath of office to Rolf J. Peterson, Steven Finanger, Steve Dahlson, Dale Schiller, Edwin L. Pung, John O'Laughlin and Ron Maynard. Mayor Zaun presented badges to the new reserve officers. Mayor Zaun presented a certificate of recognition. to Brandon Simms in recognition. of outstanding accomplishments as the first place winner in the State 1993 International Aviation Art Contest and as second place winner in the national contest. City Engineer Keith Nelson presented a certificate of recognition to Dan Rudiger, who won a blue ribbon in the Lakeville School District's Science Fain and also in the regional Science Fair in Mankato for his project titled, "Which Water Tower Has the Most Pressure?" Dennis Feller and Brian Kempa presented the Certificate of Achievement for Excellence in Financial Reporting to the Mayor and .City Council. The Certificate of Achievement has been awarded to the City of Lakeville by the a Government Finance Officers Association for the fourth consecutive year. CITY OF LAKEVILLE COUNCIL MEETING MAY 3, 1993 • Page 2 CITIZEN' COMMENTS None. CONSENT AGENDA 93.122 Motion was made by Harvey, seconded by Mulvihill. to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, Apri113, 1993 Cable TV Board, Apri113,1993 Planning Commission, Apri115, 1993 Parks & Recreation Committee, Apri121,1993 c. Resolution No. 93-67 authorizing the sale of a vehicle. d. Temporary construction easement with Mansoor Alyeshmerni and Bess R. Daniels, I-35 trunk sanitary sewer, storm sewer and watermain crossings, Improvement Project 92-2. e. Abatement of special assessments for Heino and Brigitte Benthin, Improvement Project 88-2, Highview Avenue. f. Resolutions No. 93-68 and 93-69 accepting donations to DARE from the Lakeville Lioness Club and Super 8 Motel g. Mobile concessions .agreement with Arctic Distributors. h. Agreement with Robert and Doretta Larson for clean-up of property at 16795 Judicial Road. i. Contract with State Department of Administration, Building Codes and Standards Division,. for providing plan review and protective inspections for the Kenwood Traii Jr. High remodeling project.. j. Agreement with Star Metro Cable, Inca for a television production studio and atwo-way active cable connection to the new Lakeville High School. k. Resolution No. 93-70 amending the fee schedule for the sexually oriented business license. 1. Tree service operator license for Huston's Tree Service. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE COUNCIL MEETING MAY 3,1993 Page 3 ITEM 8 Mayor Zaun opened the public hearing on the application of Tommy Y. Lee, d.b.a. Tak Skiing Chinese Restaurant, for an on-sale wine and non-intoxicating malt liquor license at 17709 Kenwood Trail. The City Clerk attested that the legal notice was duly published. Chief Gudmundson introduced Mr. Lee and stated the Police Department has reviewed the license application and recommends approval of the on-sale wine and non-intoxicating malt liquor license. There was no one present wishing to make comments on the license request. 93.123 Motion was made by Harvey, seconded by Ruhmann to close the public hearing. Rolf call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 93.124 Motion was made by Sindt, seconded by Mulvihill to grant an on-sale non-intoxicating malt liquor license and a wine license to Tommy Y. Lee, d.b.a. Tak Skiing Chinese Restaurant, 17709 Kenwood Trail, for the year ending December 31, 1993. • Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 9 Mayor Zaun opened the public. hearings on the proposed re-assessment of Outlot A, Dakota Heights 7th Addition, for sanitary sewer, sanitary sewer stub, storm sewer, water service and streets. The City Clerk attested that. legal notices were duly published and mailed. Mr. Feller explained that the property owner, Mr. Lance Johnson, appealed the assessments against Outlot A in 1982. The property was tax delinquent from 1986 through 1990. Mr. Johnson was notified in 1991 that the property. was delinquent and subject to forfeiture. The property was classified as non-conservation, .and the parcel was offered for sale based on a value established by the County Auditor. Outlot A was re-acquired by Mr. Johnson on February 1, 1993, for $23,000. Mr. Feller went on to explain that the entire $23,000 from the sale was paid to the City; and the remaining $30,600.83 of special assessments can be re-assessed to the property.. Mr. Feller recommended the City Council re-assess Outlot A of Dakota Heights 7th Addition for the balance of the special assessments ($30,600.83). 93.125 Motion was made by Harvey, seconded by Sindt to receive. a letter of objection to the .proposed re-assessment of Outlot A, Dakota Heights 7th Addition, from Lance J. Johnson. CITY OF LAKEVILLE COUNCIL MEETING MAY 3,1993 • Page 4 Roll call was taken an the motion. Ayes,. Mulvihill, Harvey, Ruhmann, Zaun, Sindt. There was no one .present wishing to make comments on the proposed re-assessment. 93.126. Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 93.127 Motion. was made by Harvey, seconded by Mulvihill to approve Resolutions No. 93-71 and 93-72 adopting the re-assessments. for Outlot A, Dakota Heights 7th Addition, for sanitary sewer, sanitary sewer stub, storm sewer, water service and streets. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mr. Knutson stated that the State Legislature has recently .passed legislation that would no longer allow a property owner to re-purchase property without having first paid all. of the back taxes and special assessments on the property. ITEM 10 93.128 Motion was made by Harvey, seconded by Mulvihill to table consideration of Item No. 10 until the applicant arrives. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 11 Mr. Herb Weissmann requested Council consideration of the preliminary and final pplot of $rackett's Crossing, located on Layton Path near Judicial Road and 175th Street. Mr. Sobota explained that the preliminary plat consists of 46 townhome lots. Phase I consists of 12 townhome lots along the western portion of the development, with one common open space lot. An amendment to the Planned Unit Development (PUD) is required because the proposed preliminary plat differs from the original PUD approved far Brackett's Crossing in 1986. The proposed density of the PUD is substantially reduced from what was approved m 1986. He explained that the design for the site will take advantage of natural amenities and existing vegetation. The developer will custom .grade each lot in an effort to save as many .significant trees as passible.. Mr. Sobota explained that the developer is working with City staff on the construction and dedication of the park with the first phase of development. CITY OF LAKEVILLE COUNCIL MEETING MAY 3,1993 . Page 5 The Planning Commission held a public hearing and recommended approval of the preliminary plat, final plat of the first 12 lots and a PUD amendment for Brackett's Crossing. The developer has submitted a letter of credit and cash escrow for security to the development contract. Councilmember Harvey asked about the status of negotiations with the Hennepin Park Reserve for the proposed trail into the Murphy Hennrehan Regional Park. Mr. Michaud explained that the Hennepin Park Board has approved an easement to allow the trail t© go through their property. Councilmember Harvey asked how much of the wetland area will be .altered for construction of the park. Mr. Michaud stated. the natural wetland area will not be altered. The park will include the existing wetland and an active area with playground equipment. Councilmember. Sindt asked how many .quality trees will be saved. Mr. Erkkila, the developer's engineer, stated that 85 out of 1Q9 quality trees (Oak and Cherry) will be preserved in the first phase, and the greatest negative impact will be on the Cottonwood trees. Ms. Jayne Kuhar, attorney. representing Harry Villella, stated her client's property, located just east of the Brackett's Crossing development in the undeveloped plat of Lyndale Lakes Club Addition, will become undevelopable • because of the Brackett's Crossing development. She requested the Council give consideration to the properties in this area by possibly extending a street from Brackett's to provide access. Mr. Erickson explained that the. option to develop this property still exists if all City standards and requirements can be met. He stated the greatest challenge to Mr. Villella and the other property owners is that they would have to aggregate their property holdings, primarily due to the fact that the property is within the shoreland overlay district. He explained that even if the platted street were built to City standards, it would not, in and of itself, guarantee the right to construct a home on the property. The extension of sanitary sewer would have to be petitioned and paid for by the benefitting property owners. He stated it was his understanding that a number of the owners live in the immediate area and have no desire to see this property developed. Mr. Knutson stated, from a legal standpoint, that the Brackett's Crossing project will not eliminate the platted street .right-of-way along Mr. Villella's property or have any other affect on his property. 93.129 Motion was made by Harvey, seconded by Ruhmann to approve the preliminary plat and Planned Unit Development Amendment for Brackett's Crossing .and Resolution No. 93-74 approving the final plat of Brackett's Crossing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. CITY OF LAKEVILLE COUNCIL MEETING MAY 3, 1993 • Page 6 ITEM 12 Fire Chief Barry Christensen presented an ordinance amending Title 8, Chapter 1, of the City Gode concerning the Volunteer Fire Department. 93.130 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. 497 amending Title 8, Chapter 1, of the City Code concerning the Volunteer .Fire Department. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 13 Fire Chief Christensen presented the revised Lakeville Volunteer Fire Department Constitution. Mayor Zaun suggested Article 5 of the Constitution be amended to make it consistent with language. in the ordinance and by-laws. Mr. Knutson recommended the second sentence in Article 5 read as follows, "The Directors shall be Regular Firefighters consistin~`of the Chief, an Assistant Chief one District Chief and six Directors." Mayor Zaun also su~gested that .the second sentence in Article 6 be amended by changing "one Chief to "the Chief°. • 93.131 Motion was made by Harvey, seconded by Sindt to approve the Lakeville Volunteer Fire Department Constitution as amended. Roll. call was taken on the motion. .Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 14 Fire Chief Christensen presented the revised By-Laws of -the Lakeville Volunteer Fire Department. He stated a Table of Contents was erroneously omitted and will be added to the document. Mr. Knutson suggested Section 9.B.1 be amended as follows,. "A Regular Firefighter may be placed on probation by the Board of Directors..:' Mr. Knutson also recommended adding a general paragraph under Section 13.E as follows, "The City of Lakeville Employee Handbook provisions concerning discrimination in a,ge, sex and national origin and the sexual harassment policy are applicable to the Fire Department." 93.132 Motion was made by Mulvihill, seconded by Ruhmann to approve the amended By-Laws of the Lakeville Volunteer Fire Department. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey, • CITY OF LAKEVILLE COUNCIL MEETING MAY 3,1993 . Page 7 ITEM 15 Mr. Feller presented. a resolution setting the rates of compensation for the City's volunteer firefighters. He explained that pay rates for firefighters must be considered nominal in order to be exempt from FLSA requirements. The recommended pay for training is $8 per session and $25 per day for conference attendance. Pay for training would cost approximately $21,000 per year. 93.133 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No, 93-75 setting rates of compensation for firefighters. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 16 Mr. Michaud presented the 1993 Park Dedication Fund Budget and provided an overview of the projects that are funded by the Park Dedication Fund. 93.134 Motion was made by Sindt, seconded by Mulvihill to apprave Resolution No. 93-76 adapting. the 1993 Park Dedication Fund Budget. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, • Zaun. ITEM 17 Mr. Erickson asked the Council to consider selection of an architect to conduct a space utilization study and project design for remodeling/expansion of the Police Station facility. He explained that the Council set aside. $75,000 in the 1993 Building Fund Budget for architectural services for the .police station remodeling project. Requests for Proposals were prepared and sent to four architectural firms. Upon interviewing the four firms, the City Council narrowed down the selection to Boarman, Kroos, Pfister & Assoc. and BWBR Architects. The City Council reviewed the qualifications of .both firms and felt that either firm could provide the services needed for this project. 93.135 Motion was made by Harvey, seconded by Mulvihill to select Boarman,. Kroos, Pfister & Associates to prepare a space utilization study and provide architectural services for the remodeling/expansion of the Police Station facility, and further authorize the City. Administrator to negotiate with Boarman, Kroos, Pfister & Associates to reach a final contract within the limits of the proposal from that firm. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. • CITY OF LAKEVILLE COUNCIL MEETING MAY 3,1993 . Page 8 ITEM 10 Mr. Sobota presented the final plat of Homestead Creek East 2nd Addition, which consists of 31 single family residential lots located west of Highview Avenue and north of 175th Street. This plat represents the second phase of development of the three phase Homestead Creek East preliminary plat approved in 1992. Staff recommends approval of the final plat subject to 12 stipulations as outlined in the April 9th. planning report. Councilmember Harvey asked if runoff that is currently coming out of the temporary pond on Homestead Trail will ultimately drain into the new pond being constructed. Mr. Nelson confirmed that it will. Councilmember Harvey raised a concern regarding the barricade at the end of Homestead Trail and felt there should be a cul-de-sac at that location' to provide aturn-around area for snow plows. Mr. Erickson recommended the barricade be moved back enough distance to provide for adequate snow storage. 93.136 Motion was made by Sindt, seconded by Ruhmann to approve Resolution No. 93-73 approving the final plat of Homestead Creek East 2nd Addition. . Roll call was taken. on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS None. NEW BUSINESS Councilmember Sindt raised a concern regarding the sale of used automobiles in the vacant lot at the corner of Holyoke Avenue and 210th Street. She wanted to clarify that the automobiles are being parked on private property and not on the City owned lot. Staff will look into the matter. ANNOUNCEMENTS Next regular Council meeting, May 17th Council work session, May 11th, Ritter Farm Park, 7:OO p.m. Council work session, May 13th, Community survey taping session, 7:00 p.m. Mayor Zaun adjourned the meeting at 8:45 p.m. Respectfully submitted, Cha ene Fredges, City rk • D one Zaun, M