HomeMy WebLinkAbout12-21-92 CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 21,1992
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; D. Morey, Assistant Community & Economic
Development Director; C. Friedges, City. Clerk.
MDVLJTES
The minutes of the December 7, 1992, City Council meeting ..were approved as
presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None.
ENGINEER:
Mr. Nelson .requested the Council consider, under New Business, authorizing
the City Attorney to initiate condemnation to acquire an easement through
Outlot B, Marion Pines, and Block M of Lenihan's Lots. Antlers Park, for the
Trunk Highway 50 reconstruction project.
ADMINISTRATOR:
Mr. Erickson provided additional information pertaining to the liquor license
renewal for Towers Restaurant & Lounge, agenda item No. 8.
CHIEF OF POLICE:
Chief Gudmundson presented the November Police Department monthly report.
PARKS & RECREATION DIRECTOR:
Mr. Michaud presented the November Parks & Recreation Department monthly
report.
PRESENTATIONS/INTRODUCTIONS
Judy Perron, Liquor Store Manager, introduced Mr. James Heidemann, Liquor
Store Maintenance/Stock Person.
CITIZENS' COMMENTS None.
CONSENT AGENDA
CITY OF 1 "AKFVILLE COUNCIL MEETING
DECEMBER 21, 1992
PAGE 2
Councihnembers added item 12, park dedication ordinance amendment, and item
15, authorize City Attorney to initiate. condemnation to acquire an easement
through Outlot B, Marion Pines, and Block M of Lenihan's Lots Antlers Park,
to the consent agenda.
92.319 .Motion was made by Harvey, seconded by 1VIulvihill to approve the consent
agenda items as follows:
a. Approve claims for payment.
b. Receive minutes of the following advisory committee meetings:
Environmental Affairs Committee, December 1,1992
.Parks & Recreation Committee, December 2,1992
Planning Commission, December 3 .and December 10,1992
c. Resolution No. 92-213 modifying the employee handbook for employee
insurance.
d. Approve 1993 contract with Midwest Employee Assistance Program.
e. Resolution No. 92-214 approving the 1993 schedule of fees.
f. Approve on-sale non-intoxicating malt liquor licenses for 1993.
g. Approve off-sale non-intoxicating. malt liquor licenses for 1993.
h. Approve cabaret licenses for 1993.
i. Approve cigarette licenses. for 1993.
j. Approve mechanical amusement device licenses for 1993.
k. Approve garbage, rubbish and recyclable material collector licenses for
1993.
1. Approve tree service operator licenses for 1993.
m. Approve Resolution No. 92-215 regarding gender neutral language in the
Lakeville City Code.
n. Approve agreement with Reggie & Sandra Rasner, 17412 Jalisco Lane, for
installation of a booster pump.
o. Final acceptance of streets only, Meadow Brook 2nd Addition.
p. Final acceptance of utilities only, Meadow Brook 3rd Addition.
q. Final acceptance of utilities only, Meadow Brook 4th Addition.
r. Resolution No. 92-216 approving DCA Flexible Spending Plan.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 21,1992
PAGE 3
s. Resolution No. 92-217 accepting donation from the Lakeville Jaycees.
t. Resolution No. 92-218 receiving bids on demolition of the concrete silos
and awarding contract.
u. Ordinance No. 473 establishing salaries of the mayor and council
members.
v. Approve change order No. 2 and authorize final payment on the Antlers
Park lagoon, Improvement Project 90-10.
w. Approve 1993/94 labor contract with Law Enforcement Labor Services,
Local 128, for police officers.
x. Approve 1993194 labor contract with Law Enforcement Labor Services,
Local 129, for communications technicians.
y. .Approve special assessment agreement with Thomas P. Noonan and Annette.
N. Mies for storm sewer area charges at 197th Street and Judicial Road.
12. Adopt Ordinance No. 475 amending Title 10, Chapter 4 of the Lakeville
City Code concerning park and trail dedication requirements.
15. Approve Resolution No. 92-222 authorizing City Attorney to initiate
condemnation to acquire an easement through Outlot B, Marion Pines, and
Block M of Lenihan's Lots Antlers Park, for Trunk Highway 50
reconstruction, Improvement Project 91-4.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 8
Mayor Zaun reopened the public hearing on renewal of on-sale and Sunday
liquor licenses far Brackett's Crossing Country Club and Towers .Restaurant &
Lounge. 7:13 p.m.
Mr. Erickson reported that all delinquent taxes on the two establishments
have been paid and a certificate of insurance for Towers Restaurant & Lounge.
has been provided. Staff recommends approval of the liquor licenses.
92.320 Motion was made by Harvey, seconded by Ruhmann to close the public hearing.
Ro11 call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
92.321 Motion was made by Sindt, seconded by Mulvihill to grant an on-sale club and
Sunday liquor license to Brackett's Crossing Country Club and an on-sale and
Sunday liquor license to Towers Restaurant & Lounge for the year ending
December 31,1993.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 21,1992
PAGE4
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
Zaun.
ITEM 9
Mr. Greg Brick of Prabe Engineering, representing Lance Johnson, requested
the .Council consider rezoning a portion of the Zweber property and approval
of .the preliminary and final plat of Daniels 3rd Addition.
Mr. Morey. presented the plat of Daniels .3rd Addition, which consists of two
single family residential lots on the east side of Iberia Avenue, south of
175th Street. Mr. Morey explained that the plat involves the development of
Outlot A of Daniels 2nd Addition and a portion of the Zweber property located
immediately to the east. Outlot A of Daniels 2nd Addition is zoned R-2, and
the Zweber property is zoned R-A. Since Daniels 3rd Addition is proposed to
be developed to R-2 standards, a rezoning. of the portion of the Zweber
property included in the preliminary and final plat to R-2 is being
requested. Both lots conform to R-2 standards. for lot area and width.
The preliminary and final plat, and proposed rezoning, has been reviewed by
the planning and engineering staff, Dakota County Soil and Water Conservation
District, the Planning Commission, Environmental Affairs Committee and Parks
& Recreation Committee, and all recommend approval. The Planning Commission
recommended an additional stipulation that Outlot A be deeded to the City.
There are no public improvements required for the development of this plat,
therefore, no development contract is required. The developer .has submitted
a cash payment for storm sewer, park and trail dedication, street lights,
iron monument placement, tree preservation and dran file construction.
Councilmember Mulvihill asked if the developer has provided sufficient
security for drain file work. City Engineer Keith Nelson stated he feels the
security in place is sufficient to cover the cost of drain file work.
Councilmember Harvey asked if all drain file problems from the previous
Daniels Additions have been properly addressed; and Mr. Nelson stated they
have. Mr. Erickson stated the developer had provided funding to assist with
the construction of drain file in Daniels Addition.
92.322 Motion was made by Sindt, seconded by Harvey to receive the Planning
Commission's findings of fact and adopt Ordinance No. 474 rezoning pproperty
for Daniels 3rd Addition from R-A, Residential/Agricultural, to R-2, Single
Family Residential.
Roll .call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann,. Zaun,
Sindt.
92.323 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 92-219
approving the preliminary and final. plat of Daniels 3rd Addition.
CITY OFT .AKRVILLE COUNCIL MEETING
DECEMBER 21,1992
PAGES
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill
ITEM 10
Mr. Ralph Wagner of Probe Engineering, representing Flagstaff Development,
Inc., requested Council approval of the .preliminary and final plat of Country
Pond South 4th Addition.
Mr. Morey presented the plat of Country Pond South .4th Addition, which
involves the development of Outlot B, Country Pond South. According to the
approved preliminary plat of Country Pond South, the development of single
family residential lots on Outlot B was intended to include a portion of the
property located south of the plat boundary. This adjacent property was to
be included in the Country Pond South development so that the proposed lots
would have average depth of 125 to 135 feet. The developer has been unable
to acquire this property for inclusion in the Country Pond South development;
therefore, the depth of the lots in Country Pond. South 4th Addition is 96
feet. The proposed lots meet zoning ordinance requirements for minimum lot
area and width.
Mr. Morey explained that because of the minimal depths of the proposed. lots,
. the Chief Building Official has recommended that both house pads be placed as
close as possible to the east side yard .setback to maximize the area
available for future house additions on the west side yard. Mr. Morey stated
the Planning Commission felt that both lots should have at least 15 feet of
side yard to accommodate a future house addition.
Mr. Morey stated the plat does not require public improvements, therefore, a
developers contract is not needed. The developer has signed a special
assessment agreement for payment of the trunk sanitary sewer and storm sewer
area charges. The developer has submitted a cash payment for the park and
trail dedication and street light operating costs. Staff recommends approval
of the preliminary and final plat, along with the special assessment
agreement.
Councilmembers Sindt and Mulvihill discussed the rationale between two and
three car garages on these lots in relation to the limited amount of space
that would be allowed for possible future additions to the homes..
Mr. Wagner stated the size of the garages will be at the discretion of the
.people who purchase the lots.
Councilmember Harvey- pointed out that. the square footage of these houses
appear to be as large, or slightly larger, than other houses in the area.
Mr. Wagner confirmed that fact.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 21,1992
PAGE6
92.324 Motion .was made by Harvey,. seconded by Mulvihill to .approve Resolution No,
92-220 approving the preliminary and final plat of Country Pond South 4th
Addition.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
92.325 Motion was made by Sindt, seconded by Harvey to approve the special
assessment agreement with Flagstaff Development, .Inc. for storm sewer and
sanitary sewer area charges associated with Country Pond South 4th Addition.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 11
Mr. Erickson provided an overview of the modifications included in the
resolution which provides for a reorganization of the Economic Development
Commission, with one member being a board member of the Lakeville Chamber of
Commerce. Mr. Erickson stated the City's standard attendance policy was
inadvertently left out of the resolution and will be included under Section
6.
• 92.326 Motion was .made by Sindt, seconded by Mulvihill to approve Resolution No.
92-221 confirming and defining the purpose, responsibilities and terms of
office for the Economic Development Commission, including additional language
outlining the City's standard attendance policy.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill,. Harvey, Ruhmann,
Zaun.
ITEM 13
Mr. Erickson presented a proposed amendment to the ALF Ambulance Joint Powers
Agreement on behalf of Ambulance Director, Kevin Raun. Councilmember Sindt,
who is a current ALF Ambulance board member, stated she did not support the
proposed amendment to allow member cities to make citizen appointments to the
board as alternate members. A discussion regarding the policy change was
held by the City Council.
92.327 Motion was made by Harvey, seconded by Sindt to approve an amendment to the
ALF Ambulance Joint Fowers Agreement to allow member cities to make citizen
appointments to the board as alternate members.
Roll call was taken on the motion. Ayes, none. Nays, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt. The motion was defeated.
UNFINISHED BUSINESS The City Administrator requested the Council give
consideration to establishing dates for work sessions in January. The
Council agreed to establish dates at the next regular meeting.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 21,1992
• PAGE 7
NEW BUSINESS Item No. 15 was moved to the consent agenda.
ANNOUNCEMENTS Next regular Council meeting, January. 4, 1993.
Mayor Zaun adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Charlene Friedges, Cit lerk
D ane Zaun, Ma o
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