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CITY OF LAKEVILLE COUNCIL MEETING
• JULY 1, 1991
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: Counci.lmembers Ruhmann,
Sindt, Mulvihill, Harvey and Mayor Zaun.
Also present: R. Knutson, City Attorney; B. Erickson, City
Administrator; D. Feller, Finance Director; K. Nelson, City
Engineer; M. Sobota, Community & Economic Development
Director; D. Gudmundson, Chief of .Police; J. Robinette,
Environmental Resources/Public Works Director; D. .Morey,
Assistant Community Development Director; J. Perron, Liquor
Manager; D. Krings, Chief Building Official; J. Michel, Fire
Marshal, J. Hennen, Planning Assistant; C. Friedges, City
Clerk.
MIN[ITES
The minutes of the June 17, 1991, regular City Council
meeting were approved as presented.
STAFF ANNOUNCEMENTS
Attorney: Mr. Knutson stated he would provide a status
update on the Uniprop {Ardmor Mobile Home Park) matter under
Agenda Item 13, Unfinished Business. He also provided a
revised resolution concerning the new major airport .search
area designation, Agenda Item 11.
Engineer: Mr. Nelson stated the Engineering Department will
be requesting an extension of time for completion of the
Valley Park water tower painting at the. July 15th Council
meeting.
Administrator: Mr. Erickson had no announcements. Mr.
Sobota provided a revision to the resolution establishing
grading, utilities, curbing and surfacing requirements for
public streets within subdivisions. He also asked the
Council to consider a resolution under New Business amending
the City's 1991 bond program for the issuance of single
family mortgage revenue bonds.
PRESENTATIONS/INTRODIICTIONS
Mr. Jon Ahlberg was not able to attend the meeting and will
accept the Council°s certa.fi.cate of appreciation on July
15th.
CITY OF LAKE~IILLE COUNCIL MEETING
JULY 1, 1991
PAGE 2
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Elizabeth Halbach, Chamber of Commerce Executive Director and
1991 Pan-O-Frog Secretary, highlighted some of the upcoming
Pan-O-Frog events and thanked the City Council and staff for
their. contributions to this year's event. Ms. Halbach then
introduced Miss Lakeville, 1991, Beverly Lynn Smith.
Mr. Feller, .along. with Liquor Manager Judy Perron, presented.
contributions from the City's liquor .fund to School Districts
192, 194 and 196, to be used for chemical dependency
education programs. He explained that 10% of the City's
annual liquor fund net operating income is contributed toward
these programs. Checks were presented to representatives of
the school districts as follows:
Mr. Mark Beltz received $2,432 on behalf of Independent
School District 192 (11.1% of total enrollment are: Lakeville
students) .
Superintendent Carl Wahlstrom received $13,144 on .behalf of
Independent School District 194 (59.9% of total .enrollment
are Lakeville students) .
Chemical Wellness Program Coorclinator Don Brundage received.
$6,352 on behalf of Independent School District 19Fs (29% of
total enrollment are Lakeville students) .
Mr. Itrings introduced the new Plumbing/Mechanical Inspector,
Michael Hessian.
CITIZENS' COMMENTS
Mr. Erickson made a .public disclosure regarding .his. recent
purchase of property on Orchard Lake, where he plans to build
a home. As a Lakeville resident, he stated he intends to
follow all City orclinances during the builcling process.
CONSENT AGENDA
Councilmembers removed item 7c, resolution amencling the fee
schedule,.from the consent agenda.
91.134 Motion was made by Harvey, seconded by Sindt to approve the
modified consent agenda items as follows:
a. Approve claims for payment.
b. Receive minutes of the following advisory .committee
meetings:
_Planni.ng Commission, June. 20th
CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 3
Parks & Recreation Committee June 19th
e
Environmental Affairs Committee, June 18th and 25th
Cable TV Board, June 11th
Economic Development Commission, June 25th
c. (Removed from consent agenda.)
d. Acknowledge receipt of the 1991 Financial Report.
e. Approve plans and specifications for Fire Station No. 2
building expansion and approve Resolution No. 91-83
authorizing advertisement for bids.
f. Authorize Barr Engineering to prepare additional
documentation to add Lake Marion and Orchard Lake to the
City's flood insurance study.
g. Receive bids for Improvement Project 90-9, extension of
175th Street, and 91-6, Dodd Boulevard utility
construction, and approve. Resolution No. 91-84 awarding
contract.
h. Approve easement agreement with Clinton and Kathleen
Zweber for Improvement Project 90-9, 175th Street
extension.
i.. Approve easement agreement with Good Value. Homes for
.Improvement Project 90-9, 175th Street extension.
j. Acknowledge receipt of letter from Mardell Law Office
regarding special assessments for property at 17342
Junelle Path.
k. Approve amendments to the 1991 recycling budget.
1. Approve farm lease with Mike Strieff, Jr. for 2.1 acres
of City property in Airlake Industrial Park.
m. Approve lease with Tri-State Pump & Control for flow-tote
measuring devices at $800.00 per month per meter.
n. Approve 1992 Blackdog Watershed Management Organization.
budget.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
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CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 4
ITEM 7C
Mr. Feller asked the Council to consider adding a $10.00 lot
release fee to the amended fee schedule.
91.135 Motion was made by Harvey, seconded by Mulvihill to approve
Resolution No. 91-82 amending the fee schedule, .including the
$10.00 lot release fee as requested.
Roll call was taken on the motion... Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
ITEM 8
Mayor Zaun opened the public hearing on the certification of
delinquent utility accounts. The City Clerk attested to
publication of the legal notice.
Mr. Feller explained that the total uncollected amount of
delinquent water, sewer and/or street lighting charges will
be certified to the County Auclitor for collection .with. other
.taxes. The .purpose of this certification is to minimize the
.City's losses due to bankruptcy. The total amount being
certified ($30,731.75) represents four percent of the total
amount billed during the last six months.
91.136 Motion was made by Harvey, seconded by Mulvihill to close the
pub]a.c hearing.
Roll. call was taken on the motion. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
91.137 Mota.on was made by Sindt, seconded by Mulvihill to approve
Resolution No. 91-85 certifying unpaid water, sewer and
street lighting .charges to the. County Auditor to be_ collected
with other taxes on said property.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
ITEM 9
Mr. Morey presented the request of Chemcentral Corporation
for an amendment to their planned unit development
conditional use permit for expansion of their existing
chemical warehouse/distribution • facility in Airlake
Industrial Park. The expansion, which .will include an
addition to .their existing warehouse, new flammable liquid
storage tanks and a drum reconditioning room, will allow
Chemcentral to increase the size of their facility and bring
it into further compliance with building and fire codes. Mr.
Morey outlined the improved safety features as follows: new
CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 5
on-site fire hydrants and waterlines to serve them,
construction of a loop driveway around the facility, a new
ditch/chemical spill containment. system,. new interior fire
separation walls and doors, explosion venting and the
installation of a foam sprinkler system.
Mr. Morey explained that Chemcentral is also requesting a
parking deferment,: since the expansion does not include. the
hiring of additional employees. Since their current parking
supply exceeds demand, they are requesting a deferment of 41
parking spaces at the rear of the property.
Mr. Morey stated the Planning Commission held a public
hearing on the planned unit .development amendment ..and..
unanimously recommended approval. Staff is pleased with the
company's expansion and safety improvements and recommends
approval subject to four conditions outlined in the Amended
Planned Unit Development Conditional Use Permit Agreement.
Mr. Dave Fredeo General Manager far Chemcentral Corporation,
provided a historical perspective on the development of their
Lakeville facility.
91.138 Motion was made by Harvey, seconded by Sindt to approve an
amended Planned. Unit Development Conditional Use Permit
Agreement and Development Contract granting a parking
deferment for Chemcentral Corporation to allow expansion of
their existing. industrial facility at 2167 Hamburg Avenue.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
ITEM 10
Mr. Robinette presented the grading permit for the proposed
.new high school. He explained .that the proposed mass grading
of this 8® acre site has caused very intense environmental
concerns due to the. size of the site, steep topography and
massive tree disruption. The Environmental Affairs Committee
and staff have been working toward accomplishing this grading
project in an environmentally sensitive procedure..
Mr. Robinette referenced reports prepared by Strgar, Roscoe,
Fausch, consulting engineers, and the Dakota County Soil &
Water Conservation District. The Environmental Affairs
Committee and Planning Commission. recommended approval of the
grading and grubbing (tree removal} plan, which. included the
following recommendationsa
• 1) Designation and protection of trees to be saved.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 6
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2) Efficient erosion control measures.
3) .Modification of grades to make less street slopes
wherever possible.
4) Parking for handicapped.
5} Installation of oil skimmers to lessen storm water
contamination.
6) Modification of a holding pond to accomplish a wetland
study area.
7) Sequencing of installation measures to protect the
environment.
8) Proper handling of removal of trash from the site.
9) Closing of an existing well.
10) Installation details for accomplishment of erosion
control measures.
11) Appls.cation rates and identification of fertilizer.
12) Construction of retaining walls to reduce grade
changes.
13) .Understanding that burning of trees on site was not an
opta.on.
14} Identification and construction of an access pad to
reduce tracking of mud.
Mr. Robinette explained that erosion control measures must be
in place .and all trees that are to be preserved must be
• protected by fencing before any grading takes place. He also
explained that phased grading, unfortunately, could not be
.accomplished on this site due to the architect's concerns
with dirt balancing.
Mr. David Lunde of Wold Architects, representing School
District 194, presented the proposed grading plan and stated
the contractor has been allowed to begin removing trees from
the site.
Councilmember Sindt asked about. the ponding .area, and- Mr.
Lunde explained that the pond is .being designed per City
standards. Mr. Nelson stated the pond's storage capacity
would be approximately 13 acre/feet.
Councilmember Harvey stated he preferred to see phased
gracling of the site, but understood why that cannot be
accomplished. He expressed concern that the tree clearing
has begun prior to Council approval; and he expressed
hesitation in granting a grading permit prior to receipt of a
landscape plan. He also questioned whether the emergency
access issue has been addressed.
Mr. Tim Phenow of Strgar, Roscoe, Fausch stated he feels
grading can proceed at this time, prior to .submittal of a
landscape plan.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 7
Mr. Erickson stated the City's fire marshal indicated the
State fire .marshal has agreed to leave the emergency access.
decision to the judgment of local officials. He stated that
matter will be resolved prior to submittal of a .final site
plan.
Councilmember Mulvihill asked why the tree clearing was
allowed to begin prior to Council approval of the.. grading
permit. Mr. Erickson explained that the agenda item was
written in error, in that the grubbing plan does not require
Council approval. He explained that if this were being
requested in the spring months, the City would not allow tree
clearing due to the possible spread of oak wilt. He stated
-due care was given, and. no one compromised the integrity. of
the plan for the time saved.
Mr. Robinette stated that the Dakota County Soil & Water
Conservation District will conta.nue to monitor the project
and has agreed. to daily on-site inspections during tree
removal.
Mayor Zaun stated he was. pleased to see the requirement for
on-site inspections by the Dakota County Soil and Water
Conservation District as a condition of the grading permit.
91.139 Motion was made by Mulvihill, seconded by Sindt to approve
the grading permit for Independent School District .194 for
.the proposed new high school, subject to the. Sugar, Roscoe,
Fausch, Inc. report dated June 14, 1991, the ..Dakota County
Soil & Water .Conservation District .report dated June 20,
1991, and. the. following stipulations.
(1) Construction of a sedimentation basin at commencement of
grading.
(2} The Dakota County Soil and Water Conservation District
provide on-site inspections two times per week, and the
applicant. shall abide by the Dakota County Soil and Water
Conservation District recommendations.
(3) Silt fence in the northwest corner be placed. closer to
the area of the trees to be preserved to .protect them from
sedimentation.
(4) A determination made by Dakota County Soil and Water
Conservation District during their inspection process as to
whether silt fences are .needed around stock pile areas to
prevent. sediment from moving off-site.
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CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 8
oll call w s taken the m tion. A es Ruhmann Zaun
R a On O y , , ,
Sindt, Mulvihill, Harvey.
ITEM 11
Mr. Erickson presented the final draft of a resolution
concerning the new major airport search. area designation. He
pointed out that a discrepancy has been identified in
Metropolitan Council reports concerning the acreage that
would be impacted by .the Ldn. 65 Contour. A January, 1991,
report estimated 28,000 acres would be impacted; however in a
June, 1991, report, the Metropolitan Council estimated that
15,300 acres would be impacted. Mr. Erickson explained that
if the 28,000. figure is correct, .neither the Dakota nor the.
Dakota-Scott search areas would meet that qualification. The
City .Attorney. has incorporated this latest finding on .Page 2
of the proposed resolution.
Mr. Erickson .also explained that. Dakota County Commissioner.
Harris recently estimated transportation infrastructure
improvements that would be necessary as a result- of the
airport relocation could reach a cost. equivalent to the cost
of the airport. He also outlined a number of environmental
issues that could be avoided if the existing airport is
retained.
The City Council members and staff expressed gratitude to the
Lakeville citizens who researched this matter and. made major
contributions to this final resolution.
91.140 Motion was made by Mulvihill, seconded by Sindt to approve
Resolution No. 91-88 concerning the new major airport. search..
area designation.
Roll call was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
ITEM 12
Mr. Sobota presented a proposed .resolution which would
establish grading, utilities, curbing and .surfacing
requirements of public streets within subclivisions. He
explained that in all subdivisions which have received
preliminary plat approval but have not been final platted as
of July 1, 1991, curbing shall be installed upon :all public
streets prior to the .issuance of a building permit, and a
certificate of occupancy will not be granted until after
bituminous base is installed. Drain file shall also be
installed along all streets where necessary. 3n subdivisions
receiving preliminary plat approval. after July 1, 1991,
CITX OF LAKEVILLE COUNCIL MEETING
JiTLX 1, 1991
PAGE 9
• radin curbin and one lift of as halt shall be installed
g g. g p
upon all public streets prior to the issuance of a bu~.l.cling
permit.
Mr. Sobota suggested adclitional language be included which
would provide the City Engineer greater flexibility in the
use of geotextile fabrics in the design of certain soil
conditions. This would give the City Engineer alternate
methods of carrying out the standards for residential street
construction.
Mr. Sobota stated this resolution puts all developers on a
level .playing field .and allows staff to more efficiently
review construction and foundation plans for quality control.
Councilmember Harvey pointed out a typographical error in the
resolution (June 1, 1991, should read July 1, 1991).
91.141 Motion was made by Harvey, seconded by Sindt to approve
Resolution No. 91-86 establishing grading, utilita.es, curbing
and surfacing requirements for public streets within
subdivisions, with the additional language on Page 2 as
recommended by Mr. Sobota and correction of the typographical
error® as stated above.
Roll call was taken on the motion. Ayes, Sindt, -Mulvihill,
Harvey, Ruhmann, Zaun.
Councilmember Harvey .asked the City Attorney to examine
residential development policies and the resulting financial
affects on the City and respond at the next meeting.
UNFIlJISHED BIISINESS
Mr. Knutson provided a status update on the Uniprop-Ardmor
Mobile Home Park storm shelter matter. He explained that as
a result of Uniprop's failure to comply with the City's
requirements for construction of storm shelters, the park's.
license will be revoked by the .Commissioner of Health as of
July 3, 1991. The Attorney General's office intends to file
a complaint against Uniprop, stating they are operating
without a license. Mr. Knutson requested the City. act as the
agent to the District Court and collect the lot rents from
Ardmor residents. He explained that the City would place the
lot rents in an escrow account until it receives sufficient
funds to construct storm shelters. After the shelters are
built, the park would be turned back to Uniprop.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 1, 1991
PAGE 10
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Councilmember Ruhmann asked how the City would be protected
against lawsuits by Uniprop while acting as the administrator
for. Ardmor. Mr. Knutson explained that this action is being
delegated by the District Court, and the Court would serve as
a buffer between the City and Uniprop.
91.142. Motion was .made by Harvey, seconded by Sindt that the City of
Lakeville volunteers to be the trustee for the District Court
to collect lot rents for Ardmor Mobile Home Park to finance
the construction of storm shelters in the park, subject to
final approval by the LMCIT.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
Councilmember Mulvihill asked if the staff has received any
new information regarding the Apple Valley gravel mine; and
Mr. Erickson stated no application has been received by Apple
Valley to date.
NEW BUSINESS
Mr. Sobota presented a resolution amending the 1991 .City. of
Lakeville bond program for the issuance of single family
mortgage revenue bonds. He explained that due to a
legislative change, the City Counci]. has the opportunity to
increase the maximum purchase price on existing homes for
.first-time home buyers from $92,900 to $97,840.
91,143 Motion was made by Harvey, seconded by Mulvihill to approve
Resolution No. 91-87 amending the 1991 City of Lakeville bond
...program for the issuance of single family mortgage revenue
bonds.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
ANNOUNCEMENTS
Council Work Session, July 8, 1991.
Next Regular Council Meeting, July 15, 1991
Mayor Zaun adjourned the meeting at 8:58 p.m.
Respectfully submitted,
Char ne Friedges, Cit C erk
i
D ane Zaun, yor