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HomeMy WebLinkAbout01-21-92 .CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 Mayor Zaun called the meeting to .order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun.. Also present: J. Walston, City Attorney; B. Erickson, City Adnunistrator; D. Feller, Finance Director; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Morey, Assistant Community & Economic Development Director; J. Robinette, Environmental Resources/Public Works Director; L. Gustafson, Assessment Clerk; D. Krings, Chief Building Official; C. Friedges, City Clerk. MINU'TI?S The minutes of the January 6th City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. . ENGINEER: None. ADMINISTRATOR: Mr. Erickson asked the Council to consider amending the agenda to include, under New Business, a letter of understanding (dated January 14,1992) between the City and Law Enforcement Labor Services, Inc. CHIEF OF POLICE; Chief Gudmundson introduced Sergeant Dave Bellows, who presented the December Police Department monthly activity report. Sergeant Bellows recognized Julie Palm, Julie's School of Dance,. for her $500 donation to the DARE program. FARKS & RECREATION DIRECTOR Mr. Michaud presented the December Farks & Recreation Department monthly activity report. PRESENTATIONS/INTRODUCTIONS Mayor Zaun presented a service award to City employee Bob Christiansen, who is retiring after 19 years of service to the Utility Department. Mayor Zaun presented a service award to Ben Meledandri for his service to the City of Lakeville on the Economic Development Commission. Mr. Michaud recognized Mr. Wilbert Baldus, former Senior Citizens President. He explained that a plaque was prepared for Mr. Baldus in appreciation for his dedicated service to the Lakeville Senior Center. Mr. Michaud sadly announced that Mr. Baldus has recently passed away, and the plaque will be displayed by his family during visitation at White Funeral Home. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 PAGE 2 CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed consent agenda items 7d, amendments to the police reserve by-laws; 7e, amended contract with Thomas M. Gossler for the installation of an Emergency Alert System; and 7m, agreements with Dakota County for traffic signals along Cedar Avenue. 92.12 Motion was made by Harvey, seconded by Ruhmann to approve the modified consent agenda items as follows: a. Approve claims for payment. b. Approve December Investment Report. c. Receive minutes of the following advisory committee meetings: Cable TV Board, December 10,1991 Planning Commission, January 2, 1992 Environmental Affairs Committee, January 7,1992 d. (This item removed from consent agenda.) e. (This item removed from consent agenda.) f. Approve Resolution No. 92-10 calling a public hearing on the proposed Modification No. 3 of the Southfork I Housing Development Project Plan, Interest Rate Reduction Program and Housing Tax Increment District No. 8. g. Final acceptance of sanitary sewer, watermain and channel construction only, Lakevillage Apartments. h. Approval of final credits to storm sewer area charges for Lakevillage Apartments. i. Approve Resolution No. 92-11 calling a special assessment hearing on Improvement Project 90-1, 205th Street and Hollins Avenue street construction. j. Approve City Hall HVAC preventive maintenance contract with E.A.H. Schmidt and. Associates. k. Approve tree removal license for Randy Collins, dba Collins Tree. 1. Set a special Council meeting for 9:00 a.m. on Saturday, January 25th to consider EPEC recommendations. m. (This item removed from consent agenda.) CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 • PAGE 3 n. Approve addendum to development contract for Rolling Oaks South Plats 7 and 8. o. Approve Resolution No. 92-12 requesting Dakota County to change two street names in Country Pond South 2nd Addition. p. Approve Resolution No. 92-13 appointing members to the Employee Position Evaluation Committee. q. Extend period of time from 90 to 120 days to hold the two low bids on Improvement Project 91-10, Fairfield Business Campus site grading, and reject all other bids. Roll call was taken on the motion. .Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 7D 92.13 Motion was made by Ruhmann, seconded by Sindt to table consideration of amendments to the police reserve by-laws until the February 3rd Council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7E Counclmember Harvey pointed out two typographical errors on Page 2, Section 5-B of the amended contract and asked staff to change the word "day" to "date" and the word "Contract" to "Contractor". 92.14 Motion was made by Harvey, seconded by Mulvihill to approve the amended contract with Thomas M. Gossler for installation of an Emergency Alert System at the Police Department, with the above described changes. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7M Councilmember Ruhmann .asked staff to provide, for the viewing audience, further information on the installation of traffic signals along Cedar Avenue at 162nd Street, 170th Street and Dodd Boulevard. Mr. Nelson explained that the cost for installation of the signals is split 50%-50% between the County and City. The emergency vehicle pre-emption cost will be paid 100% by the City. He explained that this feature is not `used in all cities, therefore, the County does not pick up the cost. Mr. Nelson stated construction will commence this spring, and the signals should be operational by late summer. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21, 1992 PAGE 4 92.15 Motion was made by Ruhmann, seconded by Mulvihill to approve Traffic Signal Agreements No. 92-O1, 92-02 and 92-03 with the Dakota County. Highway , Department for traffic signals along Cedar Avenue at 162nd Street, 170th Street and Dodd Boulevard, Improvement Project 92-8. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 8 Mr. Wayne Brown of Brown & .Cris, Inc. asked the Council to consider their request for a conditional use permit amendment to construct a metal storage building on their property located at 19740 Kenrick Avenue. Mr. Morey provided the details of the proposed conditional use .permit amendment. He explained that the purpose of the storage building is for storage of a variety of smaller machines and equipment used in the Brown & Cris excavating business. Brown & Cris is also requesting a parking deferment for the five parking spaces that would be required with the construction of the storage building. The Planning Commission held a public hearing on the conditional use permit. amendment at their December 5th meeting. The request was tabled to allow the applicant an opportunity to submit a landscaping plan, to meet with staff regarding building code requirements and to prepare cost estimates for providing wood exterior storage building material treatment. On January 2nd, the Planning Commission recommended approval of the conditional use permit amendment subject. to the applicant providing landscaping which would screen the proposed storage building and existing on-site exterior storage of equipment. Staff supports the conditional use permit amendment. Councilmember Sindt asked about outdoor storage of equipment. Mr. Brown explained that some of their larger vehicles/construction equipment will need to be stored outdoors in the area designated on the site plan. Construction materials will be stored in the pit area, which is out of view from Kenrick Avenue. Councilmember Ruhmann asked about the horizontal paint stripe that is to be added around the entire storage building. Mr. Morey explained that the applicant has agreed to paint the stripe, per the Planning Commission's recommendation, to add some aesthetic appeal to the building. 92.16 Motion was made. by Harvey, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve an amendment to Conditional Use Permit No. 88-10 and a parking deferment development contract for Brown & Cris, Inc. to allow the construction of a storage building at 19740 Kenrick Avenue. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 PAGES ITEM 9 Mr. DeWayne Hamlin, representing Mankato Rehabilitation Center, Inc. asked. the Council to consider a conditional use permit to allow the operation of an adult education facility in a vacant bay at Kenwood Center. Mr. Morey. provided the details of the conditional use permit request. He explained that the Kenwood Center is zoned B-4, General Business District, and adult education facilities are allowed by conditional use permit. Mankato Rehabilitation Center, Inc. plans to operate a day training and habilitation program, which would provide adult vocational and habilitation professional services to adults with severe disabilities. The facility is licensed annually by the State of Minnesota and must meet standards set by the Department of Human Services. Staff's main concern related to parking. The applicant has submitted a parking plan, which shows 40 available parking spaces located at the rear of the Kenwood Center, where the 10-15 parking stalls required for Mankato Rehabilitation Center staff and van parking would be accommodated. The Planning Commission held a public hearing on the conditional use permit request and unanimously recommended approval.. Staff also recommends approval. Councilmember Harvey questioned the proposed location of this facility, given the industrial nature of some of the activities that would take lace. Mr. Hamlin explained that the program is intended to be more "community" oriented than "industrial" oriented. He explained that participants will be working at the Center in the assembly of .small items, while learning social skills in the surrounding business environment. The participants are placed on a competitive job with a staff job coach spending time with them teaching the necessary skills to learn the job function. Participants are paid a commensurate wage. Councihnembers Ruhmann and Mulvihill felt that by providing "day training", the program appears more educational than industrial in nature. Mayor Zaun felt that this program was similar in nature to a junior achievement type of program, which is typically located in a downtown business setting. Mr. Er7ckson explained that the conditions of the conditional use permit preclude Mankato Rehabilitation Center from operating an industrial type of facility. Councilmember Harvey asked that the conditional use permit be amended to include language that would prevent Mankato Rehabilitation Center from sub-leasing the facility to another operator. .CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 PAGE 6 92.17 Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's findings of fact and grant a conditional use permit to .Mankato Rehabilitation Center, Inc. to allow an adult education facility at 17993 Kenwood Trail, with Condition No. 7 to read as follows, "This conditional use permit shall remain in full force and effect for as long as Mankato Rehabilitation Center, Inc.'s lease at Kenwood Center remains in effect and as long as Mankato Rehabilitation Center, Inc. occupies the .entire leased premises and is the sole operator of the adult education facility." Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 10 Mr. Jeff Hultgren of Freeborn Mower, Ltd. asked the Council to consider preliminary and final plat approval for phase one of Crystal Lake Golf Estates. He stated that in response to Council concerns related to the proposed attached housing, Freeborn Mower has retained an independent consulting firm to prepare a study on the attached housing market m this area. The results will be submitted to the Council when the study is completed in mid February. Mr. Sobota provided the details of the proposed plat, which consists of 49 single family lots on property located immediately adjacent to the Walnut Ridge subdivision. The property was zoned PUD by Council action on October 7, 1991. The plat consists of the 49 lot housing development, along with a number of outlots. Outlot A would serve as an initial separation/parkway on Insbrook Drive coming in off of Ipava Avenue. Outlot B has been set aside for a monument sign. Outlot C represents the entire golf course property south of 165th Street. "The developer has provided a temporary easement over Outlot C for utilities. Outlot D represents the 22 acre wetland area near North Park that will be deeded to the City. Mr. Sobota addressed the issue of the lot line location between lots 5 and 6, block 1. The developer has made a 3.4 foot change in the lot line in order to bring Lot 5 into conformity with R-2 standards. Mr. Sobota stated the developer has submitted final plat mylars and a disbursement agreement in lieu of a letter of credit to secure the completion of residential subdivision improvements. The developer has also submitted a cash payment in the amount of $20,196.05 to cover the cost of signage, street lights and engineering administration. Staff recommends approval of the preliminary and final plat. Councilmember Harvey asked if the developer intends to- address the drainage problem in the Walnut Ridge subdivision. He explained that the City Council went on record.. to indicate that if the original. developer of Walnut Ridge pursues another subdivision in the City of Lakeville, he will be obligated to reimburse the City and/or correct the existing street deficiencies. in Walnut Ridge. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 PAGE 7 Mr. Chet Harrison of Maier Stewart & Associates, engineers for the plat, stated that although the principles .associated with Maier Stewart have changed since the platting of Walnut Ridge, they intend to address the drainage problem. Mr. Erickson suggested the Walnut Ridge drain the issue could be discussed under Unfinished Business. 92.18 Motion was made by Mulvihill, seconded by Harvey to approve the preliminary plat of Crystal Lake Golf Estates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 92.19 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 92-14 approving the final plat and development agreement for Crystal Lake Golf Estates. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 • Mr. Michael Franco, 16030 Oak Shore Drive, presented a petition from residents in northern Lakeville in opposition to the recent change in their zip codes from Burnsville, .55337, to Lakeville, 55044. He stated the petition shows that 25 out of the 39 residents .who were petitioned are against the change of address. He stated the Burnsville past office is more convenient for him, as he rarely comes to downtown Lakeville. He questioned the manner in which the matter was handled by City staff, and felt the residents who were affected should have been invited to City Hall to discuss their concerns before final action was taken. Mr. Erickson reviewed the chronology of events that took place throughout the zip code consolidation process. He explained that the process began at the request of the City Council to eliminate four of the five zip codes that serve the City, those being Rosemount 55068, Farmington 55024, Prior Lake 55372 and Burnsville 55337. He explained that the Council's goal is to make it possible for all residents to use "Lakeville" in the last line of their mailing address, i.e. Lakeville 55068, Lakeville 55024, etc., as community identity has been confusing for many residents. Mr. Erickson a lained that the City first approached the United States Postal Service (CUSPS} in November of 1990 to find out if zip code consolidation was feasible. In June of 1991, Mr. Michael Garner of the LISPS agreed to proceed with efforts toward consolidating the Burnsville and Prior Lake addresses with the Lakeville Post Office service area. Postal regulations required that the LISPS survey the affected postal patrons to determine their preferences. A letter of explanation was mailed by the City CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 PAGE 8 to the Burnsville and Prior Lake residents who would be surveyed by the USPS, and a survey letter was mailed by the USPS in October of .1991. Mr. Erickson e~cplained that the Prior Lake residents overwhelmingly favored the change to a Lakeville address. Burnsville residents narrowly favored the change. Mr. Franco stated he had not received the letter of explanation from City staff prior to receiving the survey from the LISPS. Mr. Erickson apologized, but cauid not explain why he had not received the letter, as bath the City and LISPS used the same mailing list, which was provided by the City's property data specialist. Mr. Franco questioned the difference in survey results that he received from the USPS compared to what is being reported by City staff. Mr. Erickson explained that staff met with Mr. Garner, who reported a close outcome of the votes, with a few more residents opposed to, than in favor of, the address change. The staff chose to re-count the votes, and found the LISPS tally to be inaccurate. The LISPS informed the affected residents of the survey results and the effective date of the change to a Lakeville mailing address (January 11, 1992). The USPS has proceeded with the implementation of the zip code change, and reports that forwarding of mail from the Burnsville and Prior Lake post offices will continue for one year. Mr. Erickson further explained that during this process, staff has found that some residents have been using incorrect addresses. These errors were likely to have occurred many years ago and are no fault of the residents. However, for public safety purposes, these addresses must be corrected. Councilmembers discussed their reasons for requesting the LISPS to make the address change. Their main concern with multiple mailing addresses involves emergency vehicle response. The Council was also concerned with other issues such as confusion in voting, sale of property, legal notifications and community identity. Mr. Robert Cloutier, 10300 So. Oak Shore Drive,. spoke against the address change because he now has numerous licenses that have to be changed. He stated that, as a former member of the Lakeville Police Reserve Unit, he does not feel public safety is affected by the current address system. He stated that while he received the letter of explanation from the City staff, he did not receive a survey from the LISPS and felt that he was not able to voice his opinion. He questioned the process in which this was handled and urged the Council to have the LISPS re-survey the residents before proceeding with the change. Mr. Richard Simms, 1b000 Oak Curve, was also concerned with the process in which the matter was handled. Mr. Terry Joyce, 10260 S. Oak Shore Drive, also spoke against the address change, and stated he felt the City should have asked the residents for their input. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 • PAGE 9 Mr. Norval Howe, 10280 S. Oak Shore Drive, stated he has already begun making the necessary changes in his address, and does not want to change it back again. Ms. Eileen Goren, 10260 So. Oak Shore Drive, stated she felt the Burnsville Post Office was more convenient for her than the Lakeville Past Office will be. She felt that a public hearing should have been held when discussions on this matter first began a year ago. Mr. Erickson explained that the process was primarily dictated by the USPS, and their rules are very rigid. He stated LISPS officials made rt clear to the City that they would make the .judgment as to how, when and if people. would be surveyed. Mr. Franco stated that the majority of the residents have not begun to make the changes in their addresses, and urged the Council to request the LISPS to reverse its decision. 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. 92.20 Motion was .made by Harvey, seconded by Mulvihill to acknowledge receipt of the petition from residents of northern Lakeville, dated January 7, 1992, asking the City of Lakeville to withdraw its request to the LISPS to change their mailing address and requesting the LISPS to continue to provide their mail service from the Burnsville post office. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. Mayor Zaun asked the Council members if anyone wanted to withdraw the request to the USPS for the mailing address change. There being no response, the mayor declared the mailing address change as it stands. ITEM 12 Mr. Erickson stated the Council identified the need for a legislative liaison during the 1992 budget process. Following an extensive search for a lobbyist, the Council reviewed resumes and interviewed Mr. Robert Renner at the January 14th work session. Mr. Erickson asked the Council to consider entering into a joint and cooperative agreement with member cities of the Municipal Legislative Commission (MLC) for 1992. The City's dues would be $7,456.20 based on the 1990 census. He explained that the purpose of the MLC is for member municipalities to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and to identify, review and actively oppose proposals which may be in conflict with the interests of the member mumcipahties. Mr. Erickson stated he feels membership in the MLC will be cost effective, and the City will be well served by Mr. Robert Renner's professional lobbyist services. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21, 1992 PAGE 10 92.21 Motion was made by Sindt, seconded by Mulvihill to enter into a Joint and Cooperative Agreement with member cities of the Municipal. Legislative Commission for the year 1992. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 Mr. Feller presented a .resolution which would authorize the preparation of a Memorandum of Understanding between the Lakeville Community Corporation (LCC), Lakeville Hockey Association (LHA}, City of Lakeville and Independent School District (ISD) #194 relating to the proposed ice arena project. He explained that the four organizations have held discussions and meetings regarding the possible construction of an approximately 40,000 square foot ice arena on property currently owned by the school district near the new high school. Mr. Feller explained that ISD #194 would sell the land to the City for one dollar. The City would then sell $1.4 million in bonds to finance construction of the ice arena. The tax exempt bonds would be issued by the City in order to receive a lower interest rate. The LCC and the LHA would use $140,000 of funds already raised for a community ice arena to pay -for bond issuance costs and the net interest costs for the first three years. Also, the LCC and LHA would need to raise $540,000 in contributions, donations and pull-tab revenue before construction can commence. The building would be owned by a bond company (Juran and Moody) and would be leased to the City for 20 years. The LCC would operate the facility; and the annual payments on the lease would be paid by the annual net income ($55,000) from the operation of the facility and from LHA pull-tab revenues ($70,000 annually). The annual lease payments will not be paid by the City with taxpayers' dollars. Mayor Zaun asked how the bond sale would affect the City's debt levy.. Mr. Feller explained that the bond sale would have no impact on the City's net debt levy, because it is considered an annual non-appropriation clause. In other words, the City could terminate the lease at any given time. However, the City does not intend to do so, since defaulting on the bonds would impact the City's credit rating. Councilmernber Harvey exxpplained that representatives from the community groups involved, along with ISD #194 officials, met with the City Council at a recent work session and have concurred with the proposal as outlined. The Memorandum of Understanding would set forth the proposed financing structure, the general provisions of the financing documents and the respective future roles and responsibilities of the parties with regard to the project. CITY OF LAI~EVILLE COUNCIL MEETING JANUARY 21,1992 PAGE 11 92.22 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 92-15 authorizing John Kirby of Dorsey &.Whitney to prepare a.Memorandum of Understanding between the LCC, LHA, ISD #194 and the City of Lakeville concerning a joint powers arrangement to finance, construct and operate. an ice arena. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 14 92.23 Motion was made by Harvey, seconded by Mulvihill to appoint Betty Sindt as Acting Mayor for 1992. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 1S 92.24 Motion was made by Mulvihill, seconded by Sindt to appoint Mr. Thomas Emond to a vacancy on the Environmental Affairs Committee for a term which will expire on January 1, 1993. Roll. call was taken an the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 16 92.25 Motion was made by Mulvihill, seconded by Ruhmann to appoint Mr. Terry Lind, representing School District 194, to the Cable TV Board for a term which will. expire an January 1,1993. RoII call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. UNFINISHED BUSINESS Mr. Erickson described the situation in the Walnut Ridge subdivision where sump pumps are draining into the street due to the high ground water table. He explained that the City notified the developer that before he would be allowed to pursue another development project in the City, he would be responsible for further resolution of the drainage situation. Therefore, he recommended the City Council direct the Gity Attorney to contact all parties who were involved with the development of Walnut Ridge to try and come up with a mutual resolution to the problem. Mr. Nelson explained that to avoid this situation in the future, the City Council adopted a policy approximately a year ago that requires mandatory installation of drain the in new subdivisions in all silty, loamy and. sandy clay soils where the rear lot elevations are above the street centerline. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21,1992 • PAGE 12 92.26 Motion was made by Harvey, seconded by Ruhmann to direct the City Attorney to call a meeting of the principles involved in the Walnut. Ridge subdivision. to try and work out a mutual resolution to the drainage problem. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. NEW BUSINESS Mr. Erickson asked the Council to acknowledge receipt of a letter from Law Enforcement Labor Services, Inc. dated January 14, 1992, outlining negotiations for the Police Department Sergeant's Unit. 92.27 Motion was made by Mulvihill, seconded by Sindt to acknowledge receipt of, and concur with, a letter from Law Enforcement Labor Services, Inc. dated January 14, 1992, outlining negotiations for the Police Department Sergeant's Unit. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ANNOUNCEMENTS Special Council Meeting/Council Work Session, January 25,1992 Next Regular Council Meeting, February 3, 1992 Mayor Zaun adjourned the meeting at 10:35 p.m. Respectfully submitted, 'A ~ ; _ Charlene Friedges, City Cler Du ne Zaun, May r