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HomeMy WebLinkAbout03-01-93 r CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 1993 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was lead by Webelo Pack 230 from Parkview Elementary School. Roll call was taken. Present:. Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: B. Erickson,. City Administrator; J. Walston, Assistant City Attorney; K. Nelson, City Engineer, M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks. & Recreation Director; D. Gudmundson, Chief of Police; D. Morey, Assistant Community & Economic Development Director; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk.. MINUTES The minutes of the February 16, 1993, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. • ENGINEER: None. ADMINISTRATOR: Mr. Erickson asked the Council to receive, under New Business, a Letter of resignation .from Thomas Neitzke, who was recently appointed to the Planning:Commission. ALF AMBULANCE DIRECTOR: Director Kevin Raun presented the 1992 ALF Ambulance Annual Report. PRESENTATIONS/INTRODUCTIONS Police Chief Gudmundson introduced Ms. Barbara Holmbeck, representing the Dakota County Chapter of MADD, who presented a plaque to Police Officer Brigham Strole for making the most DWI arrests in the City during 1992. CITIZENS' COMMENTS Nane. CONSENT AGENDA 93.59 .Motion was made by Harvey, seconded by Ruhmann to approve the consent agenda items as follows: a. Approve claims for payment.. b. Receive minutes of the following advisory committee meetings: ~ ~ CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 PAGE 2 Parks & Recreation Committee, February 17,1993 Planning Commission, February 18,1993 c. Resolution No. 93-36 setting salaries for City of Lakeville instructors and seasonal employees effective March 1,1993. d. Resolution No. 93-37 approving a raffle license for Ducks Unlimited, Inc., Burnsville Chapter. e. Final acceptance of utility improvements only, Daniels 2nd Addition. f. Final acceptance of utility improvements .only, Shady Oak Shores Sth Addition. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 8 Mayor Zaun o ened the public hearing on District 1 sealcoating, Improvement Project 92-9 7:15 p.m The .City Clerk attested.. that legal. notices were .duly published and mailed. • City Engineer, Keith Nelson, presented the proposed sealcoating project, winch consists of approximately 22 miles of streets m the Valley Park area. Mr. Nelson explained that the City's public works department performed .crack sealing in District 1 during the summer of 1992 in preparation for the seal coating. project. Additional crack sealing is proposed m the Dodd Pointe area prior to sealcoating. Mr. Nelson explained that approximately 16 miles of selected streets within the City were .evaluated for structural stability. Within District 1, Flagstaff Avenue, Foliage Avenue and Gerdine Path .will require .additional bituminous milling and overlaying. In addition, pedestrian .curb ramps will be installed in all. locations within the district where .there are currently na ramps or the existing .ramps are deficient, and damaged curb within the district will also be replaced. The construction. of ramps and curb .replacement will be under a separate contract from the sealcoating, with the entire cost to be funded by the Public Works Reserve .Fund..: Mr. Nelson explained that under Option No. 2, as recommended by the City Council, one-half of the sealcoating costs and one-half of the milting and overlaying costs would be assessed to the benefitting property owners on -a unit parcel basin. The total amount .proposed to be assessed is $146,b10, divided by 1,986 assessable units, for a per unit assessment of $73.82. The project is proposed to be completed in August of 1993,. with an assessment hearing in November and. the first payment due with the 1994 real estate taxes. CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 • PAGE 3 Counclmember Harvey asked what type of sealcoat rock will be used. this year. Mr. Nelson explained that an FA2-Modified Granite will be used, which is smaller and. provides a smoother surface than what was used seven years ago in District 1. Mr. Erickson explained that the granite was used last year and was acceptable to the Council and residents, Councilmember Ruhmann asked if the Option 2 scenario involving the:. maintenance program will automatically be used in .future sealcoating projects. Mr. Erickson stated it was his understanding from a recent work session that the. Council intends to carry through with the Option 2 scenario in future sealcoating projects. Mr. Gene Hokanson, 6872 - 162nd Street West, stated the residents feel the prices are very fair and seem to prefer the smaller rock. He asked how long after laying the rock would sweeping take place. Mr. Nelson indicated that weeping would take place approximately three to four weeks after the rock is laid. Mr. Gerry Grenz, 16190 Garner Avenue, raised a concern about the original developer being allowed to establish street grades which cause water to run across intersections. He felt these situations should be corrected prior to sealcoating. He stated he has seen other cities install concrete valley gutters in those areas. Mr. Nelson indicated staff would look into the matter. 93.60 Motion was made by Sindt, seconded by Ruhmann to close the public hearing, (7:40 p.m.), Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 93.61 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 93-38 ordering preparation of plans and specifications for sealcoating, miscellaneous bituminous overlay, curb replacement and installation of pedestrian ramps, District 1, Improvement Project 92-9. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 9 Mayor Zaun opened the public hearing on the application of Cuong Quang Ha for an on-sale wine and non-intoxicating malt liquor license at Lakeville Chinese Restaurant, 17400 Kenwood Trail. The City Clerk attested to publication of thelegal notice. Chief Gudmundson introduced the applicants. and explained that the applicant preferred to have the licenses issued to its corporate name, Coung Ha • Enterprises, Inc. The corporation, he explained, consists of only the applicant, Mr. Ha. He stated background checks have been completed on Mr. Ha, and all checks are clear. He stated the certificate of insurance has CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 . PAGE 4 been amended to include the applicant's name as well as the corporate name, and the Police Department recommends granting the licenses to Coung Ha Enterprises, Inc. There were no questions or comments from Councilmembers or members ofthe audience. 93.62 Motion was. made by Sindt, seconded by Harvey to close the public hearing. Roll .call was taken on the motion. Ayes, :Mulvihill, .Harvey, Ruhmann, Zaun, Sindt. 93.63 .Motion was made by Harvey, seconded by Mulvihill to grant an on-sale. wine and non-intoxicating malt liquor license to Coung Quang Ha, doing business as Coung Ha Enterprises, Inc., for Lakeville Chinese Restaurant, 17400 Kenwood Trail, for the year ending December 31,1993. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 93.64 Motion was made by Harvey, seconded by Ruhmann to table Item #10 until the applicant arrives. . Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,. Harvey. ITEM 11 Mr. Sobota presented an ordinance amending Section 47 of the Zoning Ordinance for the Shoreland Overlay District. He explained that the DNR provided a $5,000 grant to the City to bring its shoreland ordinance into conformance with the Minnesota Shoreland Act. The .process has included meetings with representatives of the Orchard Lake and Lake Marion Homeowners Associations and an article in the City's Messages page encouraging property owners to contact the City staff with input. The Environmental Affairs Committee reviewed the proposed changes, and public .hearings were held by the Planning Commission. The Council held a work session and also reviewed the proposed changes. Mr. Sobota provided an overview of the major shoreland issues that were addressed (see report prepared by Northwest Associated Consultants dated November 5, 1992,. on file m the. City .Clerk's office).. Mr. Sobota explained that .the DNR is requiring the City to establish a program for mdrndual sewage treatment systems within the Shoreland Overlay Distract. He presented a resolution which would require the City to identify all lots with individual sewage treatment systems within the Shoreland Overlay District that are outside the Urban Service Area and notify the same by certified mail requiring reconstruction of non-conforming septic systems when practical, conditioned that the site area can accommodate required setbacks for an individual sewage treatment system. CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 PAGES • Mr. Sobota stated staff recommends approval of the proposed resolution and ordinance, with one correction on Page. 7, Section 1)a) of the ordinance, changing the year 1991 to 1999. Councihnember Harvey asked why the resolution does not address property with individual .sewage treatment systems that are inside the urban service area.. Mr. Erickson explained that .property inside the urban service area has access to sanitary sewer. Councilmember Harvey asked about. the setbacks on the Chart House property. Mr. Sobota stated the Chart House property meets the DNR's setback requirements. Mr. Walter Sternberg, 16720 Klamath Trail, questioned the DNR's regulations in regard to bluffs, pointing .out that there are more bluff areas identified around Kingsley Lake; and he felt the Kingsley Lake property owners are being discriminated against. He stated it was his understanding from. discussions with the DNR that if a parcel is already built upon, .that property would not be affected by the. new shoreland regulations. However, he stated it was his understanding that if an existing structure .were to be destroyed. by fire or wind, the property owner would not be allowed to re-build on that site. Mayor Zaun asked about the 70% rule taking effect in 1999 and how that date was arrived at. Mr. Sobota .explained that staff felt the 1999 date would provide an appropriate amount of time to combine some of the existing lots within the shoreland overlay district. 93.65 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 487 amending Section 47 of the zoning ordinance concerning the shoreland Overlay District. Roll call was taken on the motion. Ayes, Zaun, Sindt, :.Mulvihill, Harvey, Ruhmann. 93..66 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No, 93-39 establishing a program to identify non-conforming individual .sewage treatment systems within the shoreland Overlay District. Roll call was taken on the motion. Ayes,. Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 10 Mr. Morey presented the request of Messiah Lutheran Church for a conditional use permit amendment to allow a classroom addition to be constructed by volunteer. workers temporarily living on site in self: contained motor homes. The proposed 3,864 square foot classroom addition would be located on the west end of the existing church building. Mr. Morey provided the background • CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 • PAGE 6 on the Church's five .phase expansion project. He stated the Planning Commission held a public hearing on the conditional use permit amendment and. unanimously recommended approval subject to three stipulations as listed in the February 12th planning report. Mr. Morey provided a .letter from the Church's architect which addresses an issue raised by staff regarding the existing drainfield system.. The letter states that the existing building is .scheduled to be hooked up to the :City's sanitary sewer as part of the expansion project and will be disconnected from the drainfield septic system. The existing drainfield system will be abandoned per the City's requirements. Councilmember Harvey asked about sanitary service for the trailers. Mr. Morey .stated the individual trailers will be hooked up to the on-site septic system and drainfield, which will be abandoned after the trailers are removed. Thee applicant stated the trailers could either be hooked up to the existing drainfield or the vehicles could have self-contained units that could be emptied at an off-site disposal facility. Councilmember Sindt asked if the tanks could collapse after abandonment, and Mr. Krings explained that they would be filled with sand. 93.67 Motion was made by Sindt, seconded by Ruhmann to approve an amendment to Conditional Use Permit No. 88-01 to allow an expansion of Messiah Lutheran Church and to allow self-contained motor homes to be used as temporary living quarters for construction workers on property located at 16725 Highview Avenue, including a provision for the disconnection and abandonment of the existing drainfield. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 93.68 Motion was made by Harvey, seconded by Mulvihill to take up Item #14 at this time, as there were several individuals present -for that item. Roll call was .taken on the emotion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 14 Mr. Nelson presented a resolution in support of a letter of intent between. Dakota County. and the Minnesota Department of Transportation (MnDOT) for funding of an interchange at I-3S .and County .Road 46, turnbacks and road exchanges between the City of Lakeville and. Dakota County. Mr. Nelson provided the preliminary cost estimates far the I-35/County .Road 46 interchange and County Raad 5 from Kenwood Trail to Joplin Avenue as follows: Minnesota Department. of Transportation: $ 5,800,000 Dakota County.-SS% $ 3,800,000 City. of Lakeville - 45% $ 3,500 000 Total $13,100,000 CITY OFT ,AKRVILLE COUNCIL MEETING MARCH 1,1993 • PAGE 7 Mr. Nelson stated the City's share of funding would come from municipal. state aid funds, tax increment financing, trunk water, sanitary sewer and storm sewer funds, ad valorem taxes and assessments. He pointed out that this project does not include County Road 46 from Joplin to Ipava-Avenue and the portion of County Road 5 just south of the County Road 46 interchange. The City would also be responsible for utilities and storm sewer oversizmg on the T.H. 50 improvement project. Mr. Nelson stated MnDOT will fund the signals, rampps, loops, auxiliary lanes, right-of--wayy and third lane construction of I-35, ($5.8 million), contingent upon MnDOT turning back to Dakota County. Trunk Highway 50 (T.H. 50) from I-35 to T.H. 3. He explained that the State is encouraging counties and cities to take back state roadways, because once a state highway is turned back to a local government unit, funds from a sepparate "turn back" account become available for that road's improvement. The state saves money by not having to maintain the road, and ..local governments receive the benefits of improved .roadways.. After T.H. 50 is turned back to the County, the Council would have five years to submit plans and specifications for complete reconstruction of remaining segments of T.H. 50 with the use of State Aid Turnback .Funds. MnDOT is requesting that Dakota County take back T.H. 50 immediately so that turnback funds (approximately $1.8 million) can be used for the reconstruction of T.H.. SO between Kenwood Way and Dodd Boulevard,. which is scheduled this year.. The money that MnDOT has already budgeted for this improvement will then be utilized as part of their $5.8 million offer toward the construction of the I-35 and County. Road 46 interchange. Mr. Nelson showed a City map highlighting the roads proposed to be turned back or exchanged (see City Engineer's report dated February 23, .1993, on file in the City .Clerk's office). Mr. Nelson axplained that MnDOT will turn back 6.6 miles of T.H. 50 to Dakota County. To compensate for this increase in County mileage and maintenance, Dakota County is proposing to turn back 9.1 miles of County roads to the City and receive from the City 185th Street (3.3 miles), which will be designated as a County State Aid Highway. Councilmember Sindt asked what the chances are of getting a traffic signal at Ipava Avenue when T.H. 50 is turned back to the County. Mr. Erickson stated that like MnDOT, the County's traffic ..engineer is reluctant to predict that warrants will be met when the new high school opens next. fall. Councilmember Harvey stated he felt the City should still consider purchasing the traffic signal and storing it at the public works building until .warrants are met so that it can be installed in a timely manner. • CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 PAGE 8 Councilmember Sindt referenced the paragraph in the proposed resolution which states that MnDOT is considering moving the weigh stations out of Lakeville to a new location near Albert Lea, Minnesota. She suggested "Albert Lea" could be removed from that paragraph, .since it doesn't matter where the weigh stations are moved to as long as they are moved out of Lakeville. Mayor Zaun asked if County Road 64 will be placed on the municipal state aid street system to match funding in Scott County. Mr. Nelson indicated the City will place County Road 64 on the City's state aid system in place of 185th Street. Mr. Walter Sternberg, 16720 HIamath Trail, raised a concern regarding the cost of maintenance by the City to County Roads being turned back, particularly County Road 44. He also stated the County Engineer had stated he would take care of an existing water problem on County Raad 44, and Mr. Sternberg. questioned whether that will still be completed under. this turnback arrangement. Mr. Erickson assured Mr. Sternberg that the County Engineer will take care of the water problem if that is what he has promised; however, the City will follow up on the matter. He explained that County Road 44 will get the attention it deserves from the City, with possibly some overlay work. 93.69 Motion was made by Harvey, seconded by Mulvihill. to approve Resolution No. 93-40 supporting a letter of intent between Dakota County and MnDOT for funding of an interchange at I-35 and County Road 46 and turnbacks and road exchanges between the City of .Lakeville and Dakota County, with the last paragraph on page one to read as follows, "To amprove traffic flow and safety, the City requests. that the two weigh stations be moved from Lakeville to the new location being considered by MnDOT." Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey.. Mayor Zaun called a recess at 9:20 p.m. and reconvened the Council meeting at 9:30 p.m. ITEM 12 (A) Mr. Sobota presented the Waste Management Study, which Resource SStrategies .Corporation was directed by the Council to prepare after a moratorium was adopted temporarily prohibiting issuance of .land use approvals for waste disposal facilities.. Mr. Dean Johnson of Resource Strategies Corp. provided a brief overview of the. study, which follows state and. federal regulations for waste management. (B) Mr. Sobota presented an ordinance amending the City's zoning .ordinance concerning accumulation, storage, processing and disposal of waste. The. proposed amendments are intended to encourage recycling activities, while regulating waste accumulation, storage, processing and disposal. CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 PAGE 9 (C) Altus, Inc. operates a hazardous waste storage facility in Airlake Industnal Park. The proposed zoning ordinance changes make the Aptus site nonconforming; therefore, Aptus has applied for rezoning from I-2, General Industrial District, to PUD, Planned Unit Development District, to allow them to continue to operate the existing. facility without being nonconforming when the amendments to the zoning ordinance are adopted. (D) The .PUD. permit agreement is made necessary by the rezoning of the Aptus property from I-2 to PUD. Councilmember Harvey recommended that Items C and D be considered prior to approval of Item B. 93.70 Motion was made by Harvey,. seconded by Ruhmann to receive and approve the Waste Management Study prepared by Resource Strategies Corporation. Rolf call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,. Ruhmann. .93.71 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and adopt Ordinance No, 489 rezoning land located east of Cedar Avenue and south of 215th Street from I-2, General Industrial District, to PUD, Planned Unit Development District. • Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 93.72 Motion was made by Harvey, seconded by Ruhmann to approve the Planned Unit Development Agreement with Aptus, Inc. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 93.73 Motion was made by Sindt, seconded by Mulvihill to adapt Ordinance No. 488 amending the zoning ordinance concerning accumulation, storage, processing and disposal of waste. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 Mr. Sobota presented. the proposed amendments to the City's subdivision ordinance. The .amendments, which were- developed by the staff and .City Attorney, reflect current practices and policies. Mr. Sobota briefly outlined the proposed changes. He stated the Planning Commission .has .reviewed the proposed ordinance and recommends approval. • 93.74 Motion was made by Harvey, seconded by Ruhmann to adopt Ordinance No. 490 amending Title 10 of the City Code concerning subdivisions. CITY OF LAKFVILLE COUNCIL MEETING MARCH 1,1993 O PAGE 10 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 15 Chief Gudmundson requested Council approval of the Police Department Five-Year Plan and introduced Lieutenant Schwartz, who provided an overview of the Plan. He explained that the plan was broken down into seven major categories, with :each supervisor being responsible for evaluating that specific area. The seven. categories are: Organizational Structure, Staffing, Recruitment, Career Development, Department Communications, Facility and Technology. Lieutenant Schwartz pointed out an error in the report, stating the projected total number of full-time personnel in 1997 should be 50 rather than 51. Per Councilmember Mulvihill's request, Lieutenant Schwartz provided an overview of the police facility expansion plans. Councilmembers indicated they felt having an officer serve as an ex-officio member of the Planning Commission was an excellent idea. :93.75. Motion was made by Mulvihill, seconded by Sindt to approve the Police • Department Five-Year Plan. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 16 93.76 Motion was made by Mulvihill, seconded by Harvey to appoint Mr. Gerald Kowalke to the Environmental Affairs Committee for the remainder of a term which will expire on January 1, 1994. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFINISHED BUSINESS 93.77 Motion was made by Harvey, seconded by Ruhmann to direct staff to obtain information on the purchase of a traffic signal for the Trunk Highway 50/Ipava Avenue intersection and report back to the Council at a future meeting. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. Councilmember Ruhmann asked the Chief of Police to provide information • related to car/deer accidents, such as property damage and personal injury. .Chief Gudmundson stated this information could be provided in the Police Department's annual report. CITY OF LAKEVILLE COUNCIL MEETING MARCH 1,1993 PAGE 11 NEW BUSINESS 93.78 Motion was made by Sindt, seconded by Mulvihill to accept the letter of resignation from Planning Commission member Thomas Neitzke. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. Mr. Erickson explained that .Planning Commission member Dennis Miller has agreed to extend his term on the Planning Commission to expire on January 1, 1996, so that the vacant term can expire on January 1,1994.. 93.79 Motion was made by Ruhmann, seconded by Mulvihill to extend the term of Planning Commission member Dennis Miller to expire on January 1, 1996, and appoint Carl Forsberg to the Planning Commission for a term which will expire on January 1, 1994. Rall call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. Harvey abstained. ANNOUNCEMENTS • Next regular Council meeting, March 15,1993. Mayor Zaun adjourned the meeting at 10:25 p.m. Respectfully submitted, Charlene Friedges, City Cl Du ne Zaun, Ma r •