Loading...
HomeMy WebLinkAbout02-01-93 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1, 1993 The meeting was called to order at 7:OQ 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; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; J. Perron, Liquor Manager; C, Friedges, City :Clerk. MINUTES The minutes of the January 19, 1993, City Council meeting .were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: Mr. Erickson requested the City Council consider holding a work -session. following adjournment of the Council meeting to continue the discussion which began at the January 30th work session regarding acquisition of Northeast Park. The City Council agreed to convene a work session following adjournment of the Council meeting. PRESENTATIONS/INTRODUCTIONS None. CONSENT AGENDA Councilmembers removed item 7h, feasibility report for .District 1 sealcoating and resolution calling a public hearing, from the consent agenda. 93.35 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of the following advisory. committee meetings: Planning Commission, January 19th and 21st Environmental Affairs Committee,. January 19th Economic Development Commission, January 26th c. Approve Resolution No. 93-19 amending the 1993 Building Fund Budget. i i CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1,1993 • Page 2 d. Approve Resolution No. 93-20 approving plans and specifications, aminor comprehensive plan amendment and setting a bid .date for Improvement Project 92-10,195th Street sanitary sewer extension. e. Approve Resolution No. 93-21 approving plans and sppecifications and setting a bid date for Improvement Project 92-2, I-35 trunk sanitary, storm and watermain crossings. f. Final acceptance of utility improvements only, Royal Woods 2nd Addition. g. .Approval of trunk watermain credits for Hypointe Crossing. h. (Removed from Consent Agenda). i. Approve special assessment agreement with Anne-Brad, Inc. for Lakevillage Apartments. j. Approve Resolution No. 93-23 updating the Master Stop .Sign Inventory. k. Authorize sale of surplus weapons and purchase of new/replacement Police Department weapons. • 1. Approve 1993 Star City Report and Economic Development Work Plan. m. Set date for a City auction to be` held on May 1, 1993, and approve contract with Schlegel Auction Company. n. Approve Resolution No. 93-24 vacating a portion of a .drainage and utility easement at 18379 Ixonia Avenue. o. Approve 1993 service maintenance contract with Commercial Cleaning Company for monthly carpet cleaning at the liquor stores. p. Approve 1993 service maintenance contract with Trans-Alarm, Inc. for alarm and related security equipment at the liquor stores. q. Approve 1993 service maintenance contract with South-Town Refrigeration, Inc. for walk-in coolers, self contained units and ice machines at the ..liquor stores. r. Approve cleaning contracts with Polished Brass Cleaning Service. for the Senior Center, Motor Vehicle Office, Police and Fire Stations, and with Osland Building Maintenance for City Hall and the Utility Maintenance Building for the period of March 1,1993 through August 31, 1993. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. • CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1,1993 Page 3 ITEM 7H Mr. Nelson presented the feasibility .report for sealcoating of District 1, the Valley Park area of the City, Improvement Project 92-9. He explained that -under the current program, all bituminous surfaced. roadways are seal coated once every seven years, with the exception of those maintained by the State or County and newer streets in District 1 that were completed during 1992. Included in the 1993 sealcoating project is an additional bituminous overlay on certain streets to bring them up to a nine-ton load capacity. Those streets are listed in the feasibility report. Mr. Nelson presented two. options .for assessment of the sealcoating project. Option #1 proposes assessing. SO% of the' sealcoating costs at an estimated unit assessment of $57.63 per unit and the City financing 100% of the bituminous overlays. Option #2 is proposed to assess one-half of sealcoating. costs and one-half of the overlay costs. This assessment is estimated at $73.82 per unit. Mr. Nelson stated staff recommends Option #2, in anticipation that overlaying of streets may become more extensive in the future as the .pavement in various sealcaat districts ages and/or deteriorates. He indicated .that when the sealcoating. program was first initiated in this area. in 1986, the estimated assessment was at $72.51 per unit. • Mr. Nelson recommended the City Council call a public hearing to be held at the March 1st regular Council meeting. However, he indicated the Council may choose to set a special Council meeting on March 8th and conduct the public hearing at Parkview Elementary School. Councilmember Sindt stated she would prefer to conduct the public hearing in the Council Chambers so that it can be cablecast. Councilmember Harvey suggested an additional option could be considered .that would assess the entire cost of the milling and overlay to the abutting property owners, which he felt was more in line with the City's past practice. He felt, however, that the cost being assessed should not be less than SO%. Mr. Erickson explained that a Council previously agreed to share proportionately the cost of these types of improvements, taking into consideration the .useful life of .the. street and the impact of traffic generated by the general public. Councilmember Ruhmann stated he was in favor of Option #2, considering the unit assessment is estimated to be only $1.31 higher than was proposed seven years ago, Mayor Zaun asked how the additional overlay work will be handled in relation. to the joint sealcoating contract .the City enters into with Burnsville and Apple Valley. Mr. Nelson explained that the City's engineering department will design a separate improvement project whereby the bituminous overlay, curb repair and pedestrian ramps will be let as a separate contract. That work, he stated, would need to be completed prior to sealcoating. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1, 1993 • Page 4 93.36 Motion was made by Harvey, seconded by Ruhmann to receive the feasibility report for sealcoating of District 1 and approve Resolution No. 93-22 calling a public hearing for March 1, 1993, with Option #2 being utilized for proposed assessments. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 8 Planning Consultant David Licht provided an overview of the rezoning of property as a part of the Lake Villa Golf Estates 7th Addition. The portion of property that is located within the 7th addition was rezoned from B-4 to R-1 at the September 8, 1992, City Council meeting. A concern regarding potential. freeway noise and placement of a residential district adjacent to the interstate was raised at the September 8th meeting. As a result, the majority of the property to the east of the 7th .addition, which is located west of Kenyon Avenue and south of 179th Street, was not rezoned. The City staff and Planning Commission were directed to review the property currently zoned B-4 and make recommendations as to the appropriate use of that land. Mr. Licht stated Northwest Associated Consultants prepared a report and • recommended to the Planning Commission that an R-5 zoning would present a logical and practical reclassification for the site, given the property's natural, heavily wooded areas, slopes and. wetlands... He further stated the R-S zone would allow for cluster housing to provide a transition between the R-7, high density, zoning to the south and B-4 zoning to the north. He explained that the Planning Commission recommended a rezoning to R-1 at .their January 7th meeting; .however, after further discussion on January 21st, the motion to recommend R-1 zoning was rescinded and the Planning Commission adopted findings of fact recommending rezoning of the property to R-5. Mr. Licht pointed out that the Planning Commission's previous recommendation for R-1 zoning will have to be acted upon by the Council prior to considering its most recent recommendation for R-5 zoning. Mr. Erickson stated the Planning Commission was concerned with protection of the area's natural resources, and felt the R-5 zoning,: in concert with a PUD, would provide the greatest level of protection. Councilmember Harvey was concerned that the City could be held responsible for noise reduction to residential homes adjacent to the freeway if it allows the residential zoning to occur. Mr. Licht explained that the .Department of Transportation's policies on noise walls and the criteria for their installation has changed since the City's 1980 Comprehensive Plan; and the development which generates the possible need for sound reduction is now responsible for protective .measures.. • Furthermore, such protections are now to be a private on-site improvement rather than the former practice of implementing such measures in the public CITY OF LAKEVII.LE COUNCIL MEETING FEBRUARY 1, 1993 . Page 5 right-of--way. He explained that requirements for on-site noise protections currently exist within the City's subdivision ordinance; however, he recommended those provisions could be more specifically addressed at some point in the near future, similar to the additional emphasis the City placed on its tree preservation guidelines Mr. Licht further stated the R-5 zone would allow the development to be designed in a way that would minimize the negative impact. Councilmember Mulvihill stated she felt the existing wetlands and trees would preclude the area closest to the freeway from being built on. She asked the developer if he plans to place homes in the wetland or wooded areas. Mr. Carl Dale, consulting planner for. the property owner/developer, stated he was not opposed to the R-5 zoning. He suggested the area closest to the freeway could remain zoned B-4, as the developer .currently has no plans for that area. Mr. Erickson stated the original applicant had indicated. that B-4 zoning for the entire parcel is ..not appropriate. He suggested a scenario whereby this development could be designed with private. streets in a clustered R-5 PUD, rather than the required (wider) public right-of-way, which would minimize the loss of trees. Mr. Dale stated he was glad to hear the City would consider a development with private, narrower streets, although the property owner had not given consideration to this scenario, 93.37 Motion was made by Harvey, seconded by Sindt to rezone the property located west of Kenyon Avenue and south of 179th Street West from B-4, General Business District, to R-1, Low Density Single Family Residential District.- Roll call was taken on the motion. Ayes, none. Nays, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. Motion defeated. Mr. Erickson suggested staff be directed to study the area zoned R-7 and the area zoned B-4 to the north to establish an appropriate land use. However, he felt the R-5 zoning as recommended by the Planning Commission is appropriate. 93.38 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance Na. 478 rezoning propperty located west of Kenyon Avenue and south of 179th Street West :from B-4, Generale Business District, to R-5, Single and Two-Family Medium Density Residential District. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 4 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1, 1993 Page 6 93.39 Motion was made by Harvey, seconded by Sindt to direct staff to review the zoning west of I-35 between Queen Ann Mobile Home Park and Lake Marion and further direct staff to review the City's ordinances to assure that proper guidelines exist for noise control adjacent to the freeway. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 Mr. Erickson presented a resolution committing the City of Lakeville to the Dakota County Economic Development Partnership. He stated the County-wide economic development partnership will empower cities, business, the Dakota County H.R.A., public utilities, education, the private industry council and Dakota County to develop a relationship for the collective enhancement of economic development throughout the County. He stated a majority of the cities in Dakota County have indicated they will be joining the partnership. The City of Lakeville's dues will be approximately $3,300 based on a flat fee of $1,000 per member plus $.10 per capita. He stated the City's membership in the Metro East Partnership would be coordinated through the Dakota County Economic Development Partnership. Councilmember Sindt stated she was encouraged to see that townships within • Dakota County have expressed an interest in becoming members of the partnership. 93.40 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 93-25 committing the City of Lakeville to the Dakota County Economic Development Partnership. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, .Mulvihill, Harvey. ITEM 10 Mr. Erickson stated each year the .City Council is asked to appoint a delegate and an alternate to serve as voting members at the League of Minnesota Cities annual meeting. Councilmember Sindt has previously served as delegate, and Mayor Zaun previously served as Alternate Delegate. 93.41 Motion was made by Harvey, seconded by Ruhmann to appoint Councilmember Sindt as delegate and Mayor Zaun as alternate delegate to the League of Minnesota Cities. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. • CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 1, 1993 Page 7 ITEM 11 93.42 Motion was made by Harvey, seconded by Sindt to interview applicants far the Planning Commission and Environmental Affairs Committee (eight applicants per committee) on Saturday, February 6th and Saturday, February 27th, from approximately 9:00 a.m. until noon. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun, UNFINISHED BUSINESS None. NEW BUSINESS Mr. Erickson asked the. Council to consider the City's appointments to a joint City of LakevillelISD 194 Committee. The purpose of the committee, he explained, would be to .draft a joint powers agreement that would deal with acquisition, construction and maintenance of athletic facilities associated with schoolJpark sites. Councilmember Sindt suggested that the two members of the Council who reside in School District 194 should serve on the committee. 93.43 Motion was made by Sindt, seconded by Ruhmann to appoint Mayor Zaun, Councilmember Harvey, City Administrator Bob Erickson and Parks & Recreation Director Steve Michaud to the City of Lakeville/ISD 194 Committee. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, .Zaun, Sindt. ANNOUNCEMENTS Councilmember Ruhmann announced that a local "Minnesota's Talking Round Table" group, which allows citizens to discuss various topics, will be held at 7:00 p.m. on February 11, 1993. The topic of discussion for the February 11th meeting will be "violent crime". Next regular Council meeting, Tuesday, February 16,1993. Mayor Zaun adjourned the meeting at 8;30 p.m. Respectfully submitted, Charlene Friedges, City rk • D ne Zaun, or