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HomeMy WebLinkAbout02-03-92 . q, ~z CITY OF LAKEVILLE COUNCIL MEETING i FEBRUARY 3,1992 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; J. Walston, Assistant .City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; J. Robinette, Environmental Resources/Public Works Director; D. Feller, Finance Director; D. Gudmundson, Chief of Police; D. Krings, Chief Building Official; C. Friedges, City Clerk. MINUTES Councilmember Mulvihill asked that Paragraph 5 on Page 9 of the January 21st meeting minutes be amended to read, "Councilmember Mulvihill responded to a comment from a resident who stated the change of address is being done for the City's convenience. She stated the process has not been convenient for the City; and it has, in fact, taken a lot of work". 92.28 Motion was made by Mulvihill, seconded by Sindt to approve the minutes of the S January 21st Council Meeting as amended. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. The minutes of the January 25th Special Council Meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: Mr. Knutson asked that agenda item be tabled until the Council has had an opportunity to discuss the matter at a work session.. Engineer: None. Administrator. Mr. Erickson handed out additional information for agenda items 7c and 7f and recommended these items be removed from the .consent agenda. PRESENTATIONS/INTRODUCTIQNS Councilmember Mulvihill read a proclamation declaring February 3-10 as Girl Scout Cookie Week. 92.29 Motion was made by Harvey, seconded by Mulvihill to approve the proclamation for Girl Scout Cookie Week. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1992 . PAGE 2 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. CITIZENS' COMMENTS Mary Liz Holberg and Jay Blanchard provided a status update on the community playground project and announced an upcoming informational meeting. CONSENT AGENDA Councilmembers removed items 7c, amendments to the police reserve by-laws, and 7f, specifications for equipment. Councilmembers added item 11 to the consent agenda, appointment of Karl Drotning and Joe Tummers to the I-35 Solutions Alliance. 92.30 Motion was made by Harvey, seconded by Ruhmann to approve the modified consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of the following advisory committee meetings: Cable TV Board, January 14th • Parks & Recreation Committee, January 15th Planning Commission, January 16th Environmental Affairs Committee, January 21st c. (Removed from consent agenda). d. Adopt Ordinance No. 456 amending Title 6 of the Lakeville. City Code concerning traffic signal emergency preemption devices. e. Approve Resolution No. 92-17 establishing a policy for replacing mailboxes damaged during snow plowing operations. £ (Removed from consent agenda). g. Approve a Joint Powers Agreement with Dakota County for recycling and landfill abatement. h. Resolution No. 92-18 approving application for conveyance of tax forfeit lands for Outlot A, Swan Addition, and Outlots A & B, Marion Hills Addition. i. Approve Standard Services Agreement with polished Brass Cleaning Service for contractual cleaning of the Police Station, Senior Center and Motor Vehicle offices for the period of March 1 to August 31, 1992. • CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3,1992 PAGE 3 j. Approve Standard Services Agreement with Osland Building Maintenance for contractual cleaning of the City Hall and Utility Maintenance Building for the period of March 1 to August 31,1992. k. Resolution No. 92-19 adopting water shut-off, water reconnection and meter testing fees. 1. Resolution No. 92-20 approving the Declaration of Protective Covenants in conjunction with the plat of Crystal Lake Golf Estates. 11. Appoint Karl Drotning and Joseph Tummers to the I-35 Solutions Alliance for athree-year term, which will expire on January 1, 1995. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7C Chief Gudmundson outlined the changes that have been made to the Police Reserve By-Laws, per the Council's request. 92.31 Motion. was made by Harvey, seconded by Sindt to approve the amendments to the Police Reserve By-Laws as presented. Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 7F Mr. Robinette presented specifications for vehicles/equipment to be purchased for the police, parks, streets, fire, inspections and utility departments. He explained that, per the Council's request, the specifications have been amended to enable all three domestic automobile manufacturers to meet specifications for the vehicles. 92.32 Motion was made by Harvey, seconded by Mulvihill to approve the revised specifications and authorize bids for the purchase of equipment for police, parks, streets, fire, inspections and utility departments. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 8 92.33 Motion was made by Mulvihill, seconded by Harvey to table consideration of the acquisition of the east 42 feet of Lot 7, Block 3, Lakeview Gardens, and place the matter on a future work session agenda. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3,1992 PAGE 4 ITEM 9 Mr, Sobota requested Council consideration of the vacation of certain streets in conjunction with the realignwent of Judicial Road on the west side of Orchard Lake, Improvement Project No. 89-9. He explained that vacation of these streets concludes the two-year project. He stated the Planning Commission held a public hearing on the street vacations and unanimously recommended approval. Councilmember Harvey was concerned with vacating the triangular section along lots 7 and 8, block 3, Lakeview Gardens. He was :concerned that a builder could accumulate several substandard lots and request a variance from the City to build on the property. Staff explained that the lots are not wide enough to meet building setback requirements. Mr. Knutson recalled a Supreme Court case approximately a year ago in which the court ruled that the only reasonable use fora "postage stamp" size lot adjacent to a lake is for recreational purposes, such as picnics. Mr. Nelson explained that the City is in the process of obtaining an easement across lots 7 and 8 for access to the ponding area.. He explained • that the property owners have agreed to the easement and are in the process of signing the appropriate documents. This easement would preclude any development on the property. Mr. Walston explained that part of lot 7 is currently under condemnation for the Judicial Road project; and the City is considering the acquisition of the east 42 feet of lot 7 as a means to resolve a lake access issue over lot 8. 92.34 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 92-21 vacating Park Boulevard (a/k/a Linch Avenue), Forest Glen Avenue (a1k/a 169th Avenue), County. Road (a/k/a 170th Streetj, Lake Drive (a/k/a Judicial Road), Wright Boulevard (aJkJa Linch Path) and other dedicated rights-of--way on the west side of Orchard Lake. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 10 Mr. Krings presented a proposed ordinance amending Section 9.5 of the zoning ordinance concerning erosion and drainage. He explained that after last summer's abnormal rainfall, it was evident that existing requirements related to drainage and erosion control during residential development needed to be tightened. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1992 PAGES Mr. Krings outlined the proposed ordinance, which basically requires that property and streets adjacent to the site of a land disturbance be protected from sediment deposits. The ordinance requires that whenever sediment is transported from construction vehicles to a public road, the road shall be cleaned thoroughly at the end of each day. All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after temporary measures are no .longer needed. The ordinance gives the City's building official the authority to issue stop work orders for any violation of the ordinance. 92.35 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 457 amending Section 9.5 of the Zoning Ordinance concerning erosion and drainage. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFINISHED BUSINESS Councilmember Harvey expressed a desire to reconsider the conditional use permit that was granted at the January 21st Council meeting for Mankato Rehabilitation Center. He stated that since the January 21st meeting, he has spoke with representatives of Owobopte Industries and has found that there is no material difference between what they do and what Mankato Rehabilitation • is proposing to do. Owobopte was located in an industrial zoned area, while Mankato Rehabilitation has asked to be located in a commercial area. Mr. Erickson explained that while Owobopte Industries was located on industrial zoned property, they did not have to be, since what they do is an educational use, not industrial. Mr. Knutson explained that the Council may move to reconsider the conditional use permit; however, since the permit was granted and the company has begun construction, they have the right to proceed according to the approved permit. However, if they have misrepresented the intended use of the property, they would be in violation of the conditional use- permit and the City Council could consider that violation and revoke the conditional use permit at any time. Mayor Zaun stated he feels the operation was. presented as an educational process, which is allowed by the City's zoning ordinance in a commercial area. Councihnember Ruhmann also stated he felt the facility is educational in nature. 92.36 Motion was made by Harvey to reconsider the conditional use permit for Mankato Rehabilitation Center to allow an adult education facility at the Kenwood Center. The motion died for lack of a second. CITY OF LAI~EVILLE COUNCIL MEETING FEBRUARY 3,1992 PAGE 6 Councilmember Sindt asked about the possibility of locating a post office substation in the northern portion of the City. Mr. Erickson stated the Lakeville ppostmaster is actively pursuing the location of a contract postal unit in the Southfork Shopping Center. Councilmember Mulvihill questioned the usefulness of the contract postal unit if it only provides regular postal services, such as purchasing stamps, and does not offer post office box rental. Mr. Erickson stated a contract postal unit does not provide the full range of services that a post office provides. He went on to .say that a resident who has a home business can rent a post office box in whatever city he or she wishes to use as a business address. 92.37 Motion was made by Sindt, seconded by Mulvihill to authorize staff to prepare an article for the Messages Page explaining the importance of a uniform .zip code for Lakeville residents. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. NEW BUSINESS None. • ANNOUNCEMENTS Municipal Legislative Committee Meeting, February 5th Council Work Session, February 11th Annual Legislative Breakfast, February 14th Next Regular Council Meeting, Tuesday, February 18th. Mayor Zaun adjourned the meeting at 8:40 p.m. Respectfully submitted, J Charlene Friedges, City Cl Du a Zaun, M ; o