HomeMy WebLinkAbout09-21-92 r~~
CITY OF LAKEVII,LE COUNCIL MEETING
SEPTEMBER 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: Councihnembers Ruhmann, Sindt, Mulvihill. and
Mayor Zaun. Councilmember Harvey arrived at approximately 7:03 p.m.
Also present: J. Walston, Assistant 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; C. Friedges, City Clerk.
STAFF ANNOUNCEMENTS
ATTORNEY: None.
ENGINEER: None.
ADMINISTRATOR: Mr. Erickson stated additional information will be provided
for Agenda items 14 and 15. He requested the City Council set work sessions,
under new business, for the purpose of reviewing the 1993-94 budget.
• CHIEF OF POLICE: Chief Gudmundson presented the August Police Department
monthly report.
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the August Parks &
Recreation Department monthly report.
PRESENTATIONS/INTRODUCTIONS
Mr. Feller presented a check in the amount of $15,227 to School District 194
Superintendent Carl Wahlstrom for use in the District's chemical awareness
program. He explained that since 19$4, the City has been contributing 10% of
the. Liquor Funds' net operating income each year to School Districts 192, 194
and 196 for chemical awareness programs.
Renee Brekken, Recreation Program Supervisor, and Ron Wawrzon of the Folice
Department presented recognition plaques to ChemCentral and First National
Bank of Lakeville for their financial contributions to the Safety Camp.
Barry Pogatchnik was present on behalf of First National Bank of Lakeville.
Mr. Feller introduced Ms. Julie Bierbaum, Liquor Store Supervisor.
CITIZENS COMMENTS
Ms. Joni Hubred spoke on behalf of the Community Playground Committee and
thanked the Council and staff far their tremendous cooperation and support
• for the community playground project.
CITY OF i.AKEVILLE COUNCIL MEETING
SEPTEMBER 21,1992
PAGE 2
CONSENT AGENDA
Councihnembers added Item 18, Consulting Services Agreement with Northwest
Associated Consultants regarding metro sewer service capacity/allocations;
Item 20, Cellular One Site Lease Agreement and Item 21, City Attorney's
recommendation regarding deferred assessments for Improvement Project 90-13,
to the consent agenda.
92.241 Motion was made by Harvey, seconded by Sindt to approved the modified consent
agenda items as follows:
a. Approve claims for payment.
b. Receive August Investment Report.
c. Receive advisory committee meeting minutes:
Cable TV Board, September $th
Economic Development Commission, August 25th
Environmental Affairs Committee, September 14th
d. Final acceptance of street improvements only, .Country Pond South
Addition.
• e. Approve Change Order No. l for Ipava Avenue, Improvement Project 91-2.
f. Resolution No. 92-161 receiving bids and awardingg :contract for the
installation of an electric generator at Lift Station No. 6, Improvement
Project 92-6.
g. Resolution No. 92-162 receiving bids and awarding contract for the
replacement of public works fuel tanks, Improvement Project 92-12.
h. Approve 1993 Community Landfill .Abatement Funding Application.
i. Approve special assessment agreement for Hosanna Lutheran Church.
j. Approve special assessment agreement for Colonial Properties, et. al.
k. Approve letter of agreement with Law Enforcement Labor :Services, Inc.,
Loca1177, (Police Sergeants}.
1. Acknowledge receipt of ALF Ambulance Five Year Plan.
18. Approve Consulting Services Agreement with Northwest Associated
Consultants regarding metro sewer service capacity/allocations.
20. Approve Cellular One Site Lease Agreement.
•
CITY OF I,AKEVILLE COUNCIL MEETING
SEPTEMBER 21, 1992
PAGE 3
21. Receive City Attorney's recommendation regarding deferred assessments
for Improvement Project 90-13 (Forest Hills, Argonne Farms, Szabo's 1st
Addition).
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
Councilmembers amended the .agenda, at the request of residents in the
audience, to take up Item #13 at this time.
ITEM 13
Chief Gudmundson resented the results of a speed survey that was conducted
by the Lakeville Police Department on 172nd Street. He stated the results do
not indicate a habitual problem with speeding vehicles on 172nd Street. When
license plates were checked, it was found that most vehicles were from the
immediate neighborhoods. When officers were asked to comment on the street
traffic, it was felt .that far more vehicles appear to be using Grenadier
Avenue as access to 170th Street rather than Harrington Way. Chief
Gudmundson felt that traffic will decrease in the residential neighborhoods
when County Road 46 is reopened and Highview Avenue is paved.
Mr. Erickson stated that based on the speed survey, warrants have not been
met for the placement of a stop sign on 172nd Street at Harrington Way.
However, he stated the recent extension of 172nd Street to the east has
caused greater volumes of traffic, which may be a legitimate reason for
considering the installation of stop signs.
Councilmember Harvey asked what risk the City faces by placing a stop sign in
an area where it is not warranted by a speed survey. Mr. Walston recommended
contacting the City's insurance carrier for their opinion on risks involved
based on the Police Department's report.
Ms. Gail Loffler, 8052 - 172nd Street West, stated she. was disappointed with
the results of the speed survey and stated she feels the traffic situation is
dangerous to the neighborhood children.
Councilmember Harvey requested. a complete traffic analysis be performed by
the City's traffic consultant prior to Council taking action on this matter.
92.242 Motion was made by Harvey, seconded by Mulvihill to direct staff to obtain a
complete analysis of the 172nd Street traffic situation, along with a legal
opinion, and report back to the City Council at its next regular meeting.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
CITY OF LAKEVILLE COUNCIL MEETING
.SEPTEMBER 21,1992
PAGE 4
ITEMS 7 - 8
Mr. Feller presented the 1991 Debt Service Report, stating the purpose of the
report was to validate that future revenues are sufficient to offset debt
service obligations, determine long-term annual ad valorem tax levy,. review
special assessment collection, examine and resolve any potential problems
resulting from special assessment deferments, .consider refinancing of bonds
at lower interest .rates, and. consider the applicable call. provisions of the
issues. He briefly discussed ad valorem taxes, tax increment, special
assessments, i.e., green acres deferment, senior citizen deferment and other
deferred special assessments.
Mr. Feller made the following recommendations to the City Council:
Transfer all. assets from the General Obligation (G.O.) Improvement Bonds of
1979 to the Public Works Reserve Fund;
Call, as soon as reasonably possible, the General Obligation Improvement
Bonds of 1980 "B' ;
Sell the "other deferred" special assessment receivables to the Utility Trunk
Fund (General Obligation Improvement .Bonds, Series 1986"A", 1987"C" and
1988"A".
Mr. Feller explained that one resolution has. been. prepared which accomplishes
the above recommendations.
Mr. Jerry Shannon of Springsted, Inc. explained that the purpose of
refinancing is to end up with the City paying out fewer dollars in debt
service than the .City is ..currently obligated to pay. In addition to the
refinancing issues, Mr. Shannon presented a resolution authorizing the sale
of refunding bonds and certificates of indebtedness as follows: $3,280,000
G.O.. Improvement Refundingg Bonds, Series 1992B, $1,260,000 G.O. Park
Refunding Bonds, Series 1992C, $160,000 G.O. Tax Increment Refunding Bonds,
Series 1992D and $480,000 G.O. Equipment Certificates of Indebtedness, Series
1992E. Mr. Shannon recommended bids be received at Springsted's office on
October 26th at 11:00 a.m.
Councilmember Harvey raised a concern about .the. cross-over funding and the
fluctuation in the money market, pointing out that the interest rates could
go down even further. Mr. Shannon recognized that the market could .change.
prior to the actual bid opening on October 26th, and stated the Council will
have an opportunity to make a decision on the sale of these bonds after bids
are received and Springsted makes a recommendation based on the market at
that time.
92.243 Motion was made by Sindt, seconded by Mulvihill to receive the 1991 Debt
Service Report.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
Zaun.
GITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 21,.1992
PAGE S
92.244 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No.
92-163 authorizing redemption of bonds and transfer of certain debt service
funds as recommended by the Finance Director.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
92.245 Motion was made by Harvey, seconded by Ruhmann to approve`Resolution No.
92-164 authorizing the issuance and. sale of $3,280,000 General Obligation
Improvement Refunding Bonds,. Series 1992B; $1,260,000 General Obligation Park
Refunding Bonds, Series 1992C; $160,000. General Obligation Tax Increment
Refunding Bonds, Series 1992D; and $480,000 General Obligation Equipment
Certificates of Indebtedness, Series 1992E.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill.
ITEM 9
Mr. Pat Brewer requested Council consideration of a conditional use permit to
allow the construction of a single family home on a non-conforming lot
located at 18764 Kenwood Trail.
Mr. Sobota presented the planning report, stating the conditional use permit
would also allow Mr. Brewer to retain the five existing detached accessory
buildings located on his property. He explained that the property is
currently .non-conforming with respect to the .following no street frontage,
less than 10 acres in size, number of accessory buildings, and building
setbacks. Conditional use permit approval, with the stipulations recommended
by the staff and Planning Commission, would result in the modification of one
accessory building and the corresponding elimination of one building setback
non-conformity. The Planning Commission held a public hearing on the request
and unanimously recommended approval subject to 11 stipulations, as listed in
the conditional use permit document.
Councilmember Harvey discussed with the staff the likelihood of future
development of the property to .the north and .south of the. Brewer property,
recognizing the.. existing wetland on the. north and the steep grade of the
property to the south.
Mr. Erickson stated Mr. Sobota had discussed with the applicant the
likelihood of future development in the area, which offered an opportunity
for the location of Mr. Brewer's house to be adjusted
92.246 Motion was made by Sindt, seconded by Harvey to receive the Planning
Commission's findings of fact and approve a conditional use permit for Pat
Brewer to allow the construction of a single family residential dwelling on a
non-conforming lot located at 18764. Kenwood Trail.
CITY OF LAI~EVILLE COUNCIL MEETING
SEPTEMBER 21, 1992
PAGE b
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
ITEMS 10-12
Mr. Feller introduced Larry Hazel of BASIC Support Services, who has
developed a strategic plan which will provide direction to the City for
future development/use of a Geographic .Information .System (GIS}. Mr. Hazel
presented the strategic plan and mission statement, which outlines the
Engineering Department's computer requirements which best meets their current
and projected Computer Aided Design (CAD} and GIS needs. Mr. Hazel
recommended the .purchase of Info/CAD software from Barr Engineering in the
amount of $20,200 and the hardware from Hewlett Packard at a cost of
$33,208.16. He also recommended that $13,600 be budgeted far maintenance
support, training and miscellaneous supplies.
Councilmember Ruhmann asked if the proposed system would need upgrading in
the near future. Mr. Hazel stated he felt the system will be a high quality
performer for at least five years without the need for upgrades. He further
stated the Hewlett Packard system was chosen because of its ability to be
upgraded.
Councilmember Sindt asked why the training being proposed at this time only
covers two employees in the engineering department, with no other departments
receiving training. Mr. Hazel e~lained that the engineering. department will
learn the CAD system and some GIS and will guide other departments in the use
of the system after a period of time.
Mayor Zaun asked if other cities have taken the Info/CAD approach to
obtaining a GIS system, Mr. Hazel commended the City Council and staff for
not attempting to implement a GIS system .until the proper planning and
management framework (a CAD system} has been developed.
Councilmember Harvey raised a concern that the Hewlett Packard equipment is
expensive, and recommended the staff obtain competitive quotes .prior to
recommending purchase of the hardware. He also recommended the Geographic
Information Committee be farmed and functioning prior to purchase of the
equipment so that all departments can provide input.
Mr. Erickson stated in his opinion, the Hewlett Packard hardware is high
quality equipment at the best- possible price... However, he stated he would be
willing to seek better prices for the hardware, provided the quality is
comparable to that of the Hewlett Packard equipment.
Mr. Erickson explained that the City staff has discussed the GIS issue for
two and .one-half years, and all departments have had an opportunity to make
suggestions: and provide input. He felt that the City should move forward on
this issue, considering the rapid development that is taking place.
CITY OF LAKEVILLE COUNCIL MEETING
.SEPTEMBER 21,1992
PAGE 7
92.247 Motion was made by Mulvihill, seconded by Sindt to receive the GIS Mission
Statement and Strategic Plan prepared by BASIC Support Services.
Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
92.248 Motion was made by Mulvihill, seconded by Sindt to approve the acquisition of
Info/CAD Software from Barr Engineering in the amount of $20,200.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ruhmann, Zaun.
Nays, Harvey. Councilmember Harvey voted "no" because competitive bids were
.not obtained.
92.249 Motion was made by Mulvihill, seconded by Sindt to instruct the City
Administrator to acquire the computer hardware equipment at the best possible
price, of equal status to that outlined in the proposal by Hewlett Packard.
Roll call was taken on the motion. Ayes, Mulvihill, Ruhmann, Zaun, Sindt.
Nays, Harvey. Councilmember Harvey voted "no"because competitive bids were
not obtained.
Councilmember Sindt requested taking up Agenda Item 19 at this time to
accommodate the residents who were present.
ITEM 19
Ms. Nancy Smith and Mr. Wally Potter presented the recommendations of the
Lake Marion Homeowners Association regarding the use of remote control boats
on Lake Marion.. It was the consensus of the Association that an ordinance
banning. the. use of radio controlled boats on Lake .Marion is not justified or
necessary. It was their position that common .sense should be applied when
using the lake in any capacity. They did, however, recommend that remote
control boats should not be operated near public beaches or the fishing pier
at Casperson. Mr. Potter stated, in his opinion, the issue of noise from
remote control boats (setting a decibel level) would be difficult to enforce.
Councilmembers recommended staff draft an ordinance that would prohibit this
type of activity in the public beach areas.
Mr. Erickson asked the Council to direct the City Attorney to evaluate an
ordinance that would not require a surface use amendment and also one that is
based on a surface use amendment, and have the staff review .both scenarios
with the Lake Marion Homeowners Association and the DNR.
Mr. Potter stated the DNR has indicated they would not approve a surface use
amendment without a provision for enforcement.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 21,1992
PAGE 8
92.250 Motion was made by Sindt, seconded by Mulvihill to receive the
recommendations of the Lake Marion Homeowners Association and refer the
remote control boat issue to the City attorney and staff for further
recommendations.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
Mayor Zaun called arecess at 9:58 p.m. and reconvened the meeting at 10:05
p.m.
Councilmember Sindt requested Item No. 16 be considered prior to any action
being taken on Item No. 14.
ITEM 16
Mr. Sobota presented a proposed ordinance which would rezone property located
south of County Road 46 and west of Ipava Avenue from R-7, High Density
Residential District, to B-2, Retail Business District, and B-4, General
Business District. He explained. that Gity staff was able to consummate an
:agreement with Winkler Development Company for the sale of 20 feet of
right-of--way for County Road 46. The Winklers have agreed to the appraised
value of the property, provided a replacement 20 feet of commercial zoning on
the south. side is approved by the City Council. The Planning Commission held
a public hearing and adopted findings of fact in support of the rezoning.
Staff also recommends approval.
92.251 Motion was made. by Harvey, seconded by Ruhmann to adopt Ordinance No. 471
rezoning property south of County Road 46 and west of Ipava Avenue from R-7,
High Density Residential District,. to B-2, Retail Business District, and B-4,
General Business District.
Roll .call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 14
Mr. Erickson presented a revised purchase agreement for the 17-acre
triangular shaped parcel just east of Crystal Lake Elementary School for
storm water ponding and right-of--way from County Road 4b and the Crystal Lake
Golf Estates ..Planned Unit Development. Mr. Walston outlined the minor
changes that were made to the purchase agreement since its conceptual
approval on August 17th, indicating that Exhibit D and Section 5.1.6 were
deleted from the previous draft.
Councilmember Sindt recommended Section 4.3.9 .relating to the rezoning of the
20-foot strip should now be deleted. Mr. Walston indicated that section can
be stricken and initialed by all parties.
• 92.252 Motion was made by Sindt, seconded byy Ruhmann to approve the revised purchase
agreement for the 17-acre parcel for Crystal Lake Golf Estates.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 21,1992
. PAGE 9
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
Zaun.
ITEM 15
Mr. Sobota presented an updated version of the First Amendment to the Planned
Unit Development Permit Agreement with Freeborn Mower, Ltd. and Glenn Rehbein
Excavating, Inc. Several clarifications and changes were made to the
document since .Council approval on August 17th. Changes were in Sections 7,
10, 11, 15 and 17B, as described in Mr. Sobota's memo dated September 18,
1992. Staff recommends approval of the revised First Amendment to the
Planned Unit Development Agreement.
92.253 Motion was made by Mulvihill, seconded byy Ruhmann to approve the updated
version of the First Amendment to the Flanned Unit Development Permit
Agreement.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
ITEM 17
Mr. Sobota presented the request of Freeborn Mower, Ltd., for a comprehensive
signage plan for the Crystal Lake Golf Estates PUD. The proposal is .for
Kasota Stone monument signs to be located at the major entrance to the golf
course on Innsbrook Drive, near the intersection of Ipava Avenue, and at the
secondary entrance on County Road 46 near the extension of Lac Lavon Drive.
The proposed clubhouse entrance monument is to be located along Innsbrook
Drive, adjacent to the north entry of the clubhouse.
Mr. Sobota explained that the monument signs originally proposed to be
located within the .Walnut Ridge and/or Hypointe Crossing subdivisions will be
placed within the townhouse area consistent with the wishes of the residents
in these neighborhoods.
The staff and Planning Commission recommend approval of the signage plan with
11 stipulations as listed in the planning report dated September 11, 1992,
and an additional stipulation as recommended by the Planning Commission.
Mr. Tim Whitten of Whitten and Associates Architects provided information on
the proposed landscaping around the monuments and ..additional lighting as
requested by Northwest Associated Consultants.
Councilmember Harvey stated he objected to the developer proceeding with
placement of the signs prior to receiving Council approval
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 21,1992
PAGE 10
92.254 Motion was made bySindt, seconded by Mulvihill to approve an amendment to an
approved Planned Unit Development to include a s~gnage plan for Crystal Lake
Golf Estates on land located .south of County Road 46 and east of Ipava
Avenue.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
.Mulvihill
UNFINISHED BUSINESS
Mr. Erickson stated he has been in contact with the Deputy Commissioner for
the. Minnesota Department of Human Services, who indicated he was unaware of
the site selection process for the State operated community service facility
being located in Rolling Oaks South, Plat Four. The Deputy Commissioner
indicated he would put a hold on the project until he got back to Mr.
Erickson, which he had not yet done as of this time.
92.255 Motion was made by Harvey, seconded by Mulvihill to extend the Council
meeting beyond the 10:30 adjournment time.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
Mr. Krings explained that the general contractor for the group home had
received a letter from the State Department of Administration which stated
that the City has elected not to administer the building code for the
project. Mr. Krings stated he was later told by the State $uilding Code's
Acting Supervisor that the letter had been sent in error. The general
contractor had since applied .and paid for the building permit, and Mr. Krings
stated he suspects the permit has been issued by the State Building Code, who
will contract with a third party inspection agency to provide protective
inspections. He reported that ggrrading has begun on the site, however,
footings have not been poured. Mr. Krings stated he will contact the General
Contractor and inform him that a City Building Inspector must verify zoning
requirements (erosion control, driveway grade, building setbacks, etc.) prior.
to placing concrete.
NEW BUSIlVFSS
The City Council set a budget work session for October 13th at 8;00 p.m.
Mr. Erickson provided the names of individuals recommended for volunteer
recognition certificates.
ANNOUNCEMENTS
Next regular Council meeting, October 5,1992
Council work sessions, September 28th and October 13th
Mayor Zaun adjourned the meeting at 10:40 pan.
CITY OF LAKEVILLE COUNCIL MEETING
SEPTEMBER 21,1992
PAGE 11
Respectfully submitted,
Q~'
Charlene Friedges, City.. erk
D ane Zaun, M
•