Loading...
HomeMy WebLinkAbout07-20-92 • x CITY OF LAKEVILLE COUNCIL MEETING JULY 20,1992 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 Ruhrnann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: B. Erickson, .City Administrator; J. Walston, Assistant City Attorney; K. Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; C. Friedges, City Clerk. MDViJTEsS The minutes of the July 6th City Council meeting were approved as presented... STAFF ANNOUNCEMENTS ATTORNEY; None. ENGINEER: None. ADMINISTRATOR: Mr. Erickson provided a tabulation of the bids received at 4:00 this afternoon for the 1980 Corvette, agenda item #13. CHIEF QF POLICE: Chief Gudmundson presented the June Police Department monthly activity report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the June Parks & Recreation Department monthly activity report. PRESENTATIONS/INTRODUCTIONS Renee Brekken, Recreation Program Supervisor, introduced Michael Carnevale, the Recreation Department's summer intern.. Fire Chief Christensen presented a service award to retiring firefighter, Brad Johnson. Service :awards were acknowledged for retiring firefighters Jim Emond and Carl Rice, who were unable to attend the Council meeting. Danny Barth, Assistant Fire Chief, recognized six firefighters who have completed .their two-year probationary training period. Mark Jereczek, Mike Meier and Lynette Perry were present to receive their badge. Police .Chief Gudmundson recognized Officer Tom Hakala for seven years of service as the K-9 handler and acknowledged the retirement of Dakota. Officer .Hakala expressed appreciation to the .Lakeville VFW 'for their financial contributions in making the K-9 program a reality.. Commander Gene Monson and Auxiliary President Maggie Bressler were present on behalf of the Lakeville VFW to receive a plaque. CITY OF LAKEVILLE COUNCIL MEETING JULY 20,1992 PAGE 2 CITIZENS' CONIMENTS None. CONSENT AGENDA Councilmembers removed. item 7e, amendment to the Facility Use Policy, from the consent agenda. Councilmembers added item 11, resolution amending benefits for the Lakeville Fire Relief Association; and item 13, resolution awarding sale of the 1980 corvette. Mr. Erickson stated the successful bidder was Mary Thomas with a bid of $5,050. Proceeds from the sale of the Corvette will go into the Crime Prevention Fund. to assist such programs as DARE and the South Metro Drug Task Force. 92.165 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Approve claims for payment. b. Receive monthly investment report. c. Receive minutes of the July 1st Parks & Recreation Committee meeting. d. Receive bids and award contract to Friedges Landscaping in the amount • of $94,936.50 for development of Parkview and Cedar Highlands Parks. e. (Removed from consent agenda)... £ Approve plans .and .specifications and authorize receiving bids far the Antlers Park lagoon, Improvement Project 90-10. g. Resolution No. 92-119 calling a public assessment hearing for Judicial Road, Improvement Project 89-9. h. Grant an extension of the completion date for 175th Street Improvement Project 90-9 from July 15th to September 1st. i. Authorize TKDA to prepare plans and. specifications for lighting of Fields No. 3 and 4 at Aronson Park. j. Resolution No. 92-120 authorizing City Attorney to commence condemnation proceedings for the Lee Lake outlet, Improvement Project 92-2. k. Resolution No. 92-121 adapting a Cellular Telephone Policy. 1. Grant a 90-day extension far filing the final plat of Truehart Addition. 1L Resolution No. 92-122 amending benefits for the Lakeville Fire Relief Association. i CITY OF LAKEVILLE COUNCIL MEETING JULY 20,1992. PAGE 3 13. Resolution No. 92-123 awarding the sale. of the forfeited 1980 Corvette to Mary Thomas for $5,050. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 7E Councilmember Sindt .suggested the modification to the Facility Use Policy regarding the supervision of children also be included in the Facility Use Agreement. 92.166 Motion was made by Sindt, seconded by Ruhmann to approve an amendment to the Facility Use Policy regarding the supervision of children, and include that language as one of the conditions in the Facility Use Agreement. Ro11 call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEMS 8-9 Mr. Sobota presented a letter from Mr. John Gambell, President of Imperial Plastics, requesting the City Council to continue the public hearing on the . establishment of Tax Increment Financing District No. 13 for. the Imperial Plastics expansion. He explained that Mr. Gambell. has not yet received approvals from the Small Business Association for a loan guarantee. He stated the process, which normally takes about 30 days, is expected to take as long as eight weeks. Mr. Sobota recommended the Council continue the public hearing until a mutually agreeable date between the developer and. the City. He stated the staff would advertise the continued .public hearing when a date is determined. 92.167 Motion was made by Harvey, seconded by Mulvihill to continue the public hearing on .modification to Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 13 for the Imperial Plastics expansion until a mutually agreeable date has been decided between the developer and City staff. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 92.168 Motion was made by Mulvihill, seconded by Harvey to table consideration of the Imperial Plastics expansion and renovation project. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. • CITY OF T ,AKF MLLE COUNCIL MEETING JULY 20,1992 • PAGE 4 ITEM 10 Mr. Nelson requested the City Council authorize Barr Engineering to prepare a feasibility .report for cleaning out the drainage channel located east of Pilot Knob Road and downstream of Countryview and North Creek Mobile Home Parks. He explained that staff received several. calls on July 2nd from residents of North Creek and Countryview Mobile Home Parks reporting flooding in the streets. Mr. Nelson stated the flooding was due to a back-water effect from downstream areas east of Pilot Knob Road. He explained that there are currently three large culverts in the drainage channel under Pilot Knob Road that have approximately two feet of standing water, which has a significant effect. in reducing the hydraulic capacity of the culverts. In reviewing the aerial topography maps,. the downstream drainage channel appears to be fairly flat, overgrown and largely undefined; and there may be up to one mile of ditching required to get the channel to drain freely. Mr. Nelson pointed out that DNR permits will be required, and the Fish and Wildlife Departments may have same opposition to a permit being granted. Therefore, environmental issues will need to be addressed. Staff recommends proceeding with the project this fall. • Councilmember Harvey referenced the recent flood plain amendments which removed certain areas of Countryview and North Creek Mobile Home Parks from the 100-year floodplain. He felt this dredging project might provide only a temporary solution .and suggested these areas should possibly remain in the floodplain. Mr. Nelson .agreed that after the Corps of Engineers re-surveys the channel in the upcoming year, the area may be placed back into the floodplain. However, r. Nelson did not agree that the project would provide only a temporary solution, as part of the project ...would be to acquire drainage easements so that the City has the authority to .perform .preventative maintenance within the channel. Councilmember Sndt asked if art of the project area is in Empire Township. 1VIr. Nelson explained that he felt they would not have to go beyond the City limits to complete the project. 92.169 Motion was made by Sindt, seconded by Ruhmann to authorize Barr Engineering to prepare a feasibility report for cleaning of existing drainage channel, east of Pilot Knob Road, downstream of Countryview and North Creek mobile. home parks. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 12 . Dr. John Petran requested Council consideration of a conditional use permit to allow a veterinary clinic in the Ole Piper Inn shopping mall on Cedar Avenue. CITY OF LAKEVILLE COUNCIL MEETING JULY 20,1992 PAGES Mr. Sobota presented Dr. Petran's request for a conditional use permit to .allow him to establish a veterinary clinic in the retail center located in the northeast corner of 167th Street. and Cedar Avenue. The proposed veterinary clinic would be located in a 1,000 square foot .bay of the retail center between Ole Piper Inn and Osman Cleaners. The planning report addressed .several issues related to compatibility with adjacent tenants, soundproofing and other health and sanitation related controls for the operation. The Planning Commission held a public hearing on the conditional use permit request and modified stipulations of the conditional use. permit as follows: *Soundproofing plan needs to meet Zoning Ordinance requirements of soundproofing animal ward by specifying materials. selected and percent soundproof. Measures should be taken. to soundproof entire clinic in order not to disturb adjacent building uses. This item should be subject to- testing as deemed necessary by the Building Official. *The number of animals hospitalized overnight shall not exceed 12. It should be demonstrated that overnight hospitalization capacity will be based on building capacity. Mr. Sobota stated boarding of animals would not be allowed due to the facility's size and location. • Mr. Sobota explained that after Councilmember Sindt's investigation today, staff was informed that a cinder block wall, as on pally indicated by the owner, between the proposed veterinary clinic and Ole Piper Inn does not exist. It is, rather, a stud wall. He stated staff has concerns as to what additional soundproofing would be required with this type of wall versus the cinder block wall. He went on to state that some additional research has been done in terms of standard testing for soundproofing. A reputable testing company recommended. a 45 STC (Sound Transmission Coefficients be standard for this wall. (A 45 STC is .standard for apartment buildings.) Staff is recommending a 45 STC be accomplished prior to issuance of a certificate of occupancy. Councilmember Mulvihill. asked why soundproofing had not been addressed between the veterinary. clinic and Osman Cleaners and whether the .building tenants, {Ole Piper Inn and Osman Cleaners) were notified of Mr. Petran's application. She also asked what arrangements have been made by Mr. Petran for customer parking, since the front parking lot tends to become .very congested. Mr. Sobota explained that the testing company felt that the proposed veterinary business would not cause a noise problem for the dry cleaners, given the nature of the dry cleaning business and taking into consideration the hallway than exists between the veterinary clinic and cleaners. He stated the fee owner of the building, L.A. Donnay Properties, was notified of Mr. Petran's request and .explained that it is the owner's responsibility to . notify the tenants. He went on to explain .that the parking lot meets zoning ordinance requirements for the 9300 square foot shopping center. However, the parking congestion is caused by patrons of the ©le Piper Inn, which is a CITY OF LAKEVIi .I .F COUNCIL MEETING JULY 20,1992 . PAGE 6 more intense use than what was originally intended for the retail center. Mr. Petran stated he will have several parking stalls posted in the front for his clients, while employees will park in the rear of the building. Councilmember Harvey asked. how the applicant is going to meet .the requirements of Recommendation No. 4 of the planning report, which requires walls to be of anon-porous material, given the recent discovery that the .wall is not made of .cinder: block. He was also concerned withventilation and prevention of airborne bacteria .between the veterinary clinic bay and .Ole Piper Inn. Mr. Don Lentsch of L.A. Donnay Properties, owner of the building, stated he felt the existing wall- has soundproofing qualities to it and. felt that nan-porous materials could be added to the outside of the wall. He was. not able to explain the reason for the misunderstanding on the wall structure, and he was nat able to determine whether or not the wall fits tight to the ceiling. He indicated these issues would be addressed before the tenant is allowed to open his business. Councilmember Mulvihill asked about problems in the past with cooling and/or heating in the building.. Mr. Lentsch stated each bay has its own HVAC system. Mayor Zaun stated that since the wall. is not made of cinder block, and the Planning Commission based its recommendation on that assumption, the Council would need additional assurances that soundproofing and ventilation. requirements can be met, Mr. Erickson suggested Osman Cleaners be contacted to make them aware of the. proposed veterinary clinic. He also suggested the City's buildng/mechanical inspectors, in cooperation with L.A. Donnay Properties, review the issues relating to soundproofing, ventilation and air exchange between the veterinary clinic's bay and the other tenants. 92.170 Motion was made by Sindt, seconded by Mulvihill to table consideration of a conditional use permit to allow a veterinary clinic in a B-2, Retail Business District, 16570 Cedar Avenue, until the August 3rd Council meeting. Roll call was taken on the motion. Ayes,. Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSDVESS Counclmember Sindt asked about the status of traffic signals along Cedar Avenue. Staff anticipates an August 1st completion date. CITY QF LAKEVILLE COUNCIL MEETING JULY 20, 1992 PAGE 7 NEW BUSINESS Mr. Erickson. provided information on the proposed paving of Highview Avenue from the existing blacktop. to County Road 46. He recommended this matter be placed on the Council's August 3rd agenda for consideration. 92.171 Motion was made. by Sindt, seconded by Ruhmann to consider the paving of Highview Avenue from the existing blacktop to County Road 46 at the August 3rd City Council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann.. ANNOUNCEMENTS Next regular Council meeting, August 3,1992 Council work session, August 4,1992, 7:3U p.rn. Mayor Zaun adjourned the meeting at 8:25 p.m. Respectfully submitted, FV~w.i•W L.... Charlene Fredges, City erk D ane Zaun, Ma