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HomeMy WebLinkAbout06-03-91 w gt CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 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: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun.. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Gudmundson, Chief of Police; K. Nelson, City Engineer; S. Michaud, Parks & Recreation Director; D. Morey, Assistant Community & Economic Development Director; Danny Barth, Assistant Fire Chief; C. Friedges, City Clerk. MIldU`TES The minutes of the May 20, 1991, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney:. None. Engineer: Mr. Nelson presented a letter from Orr Schelen Mayeron & Assoc. and a letter from Visu-Sewer. Clean & Seal, Inc. requesting an extension of time for the completion of sanitary sewer televising and rehabilitation project 90-6. Mr. Nelson recommended the contract completion date be extended to .June ~8, 1991. (Agenda item 18a.) Administrator: Mr. Erickson stated the staff has additional information on items 7e and 7f and asked the Council to consider removing them from the consent agenda. Mr. Erickson presented a letter from Dakota County Commissioner Turner relating to the. State Legislature's Omnibus Tax Bill and a proposed one-half cent sales tax increase. He suggested this matter be discussed by the Council and .staff under New Business. Parks & Recreation - Director: Mr. Michaud presented the April Parks & Recreation Department monthly report. PRESENTATIONS/IN'1'RODIICTIONS Chief Gudmundson presented a plaque to Ms. Joann Brown for her $500 donation to D.A.R.E. through the. Josten's volunteer program. Ms. Brown was chosen by Josten's as volunteer of the year. She is the parent of a D.A.R.E. graduate ~ and is a Lakeville volunteer fire fighter. • r CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 2 • CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed items. 7d, Council Rules of Procedure; 7e, senior citizen deferred assessment; and 7f, award of contract for Project 90-5, from the consent agenda. Councilmembers added items 13, time extension for Trabant Addition preliminary plat; and 18a, extension of contract completion date for Project 90-6. 91.109 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: Planning Commission, May 16th Parks & Recreation Committee, May 15th Cable TV .Board, May 14th Environmental Affairs Committee, May 14th & 21st • c. Adopt Resolution No. 91-67 approving .investment policy. d. (Removed from consent agenda.) e. (Removed from consent agenda.) f. (Removed from consent agenda.) g. Adopt Resolution No. 91-70 approving plans and specifications and setting bid date for Improvement Project 90-9, 175th Street and Highview Avenue .street and utility improvements; and adopt Resolution No. 91-71 approving plans and specifications and setting bid date for Improvement Project 91-6, Dodd Boulevard utility extension.. h. Approve a public dance license for SADD (Students- Against Drunk Drivers) on July 2, 1991. i. Set a Council work session for July 8, 1991. j. Authorize Barr Engineering to test pond water discharging into Orchard Lake to determine origin of high phosphorus levels at a cost of $7,276. • CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 3 • 13. Approve a 90-day time extension for the Trabant Addition. preliminary plat. 18a. Approve extension of the contract completion date for Improvement Project 90-6, sanitary sewer televising and rehabilitation, to June 28, 1991. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 7D Councilmember Harvey suggested a wording change on Page 5 of the Council Rules of Procedure, Section 1.9, as follows, "Council appointment of Acting Mayor..." and "Council approval of Mayoral appointment of Council members to Council committees". 91.110 Motion was made by Harvey, seconded by Mulvihill to approve the Council Rules of Procedure with the changes to Page 5 as stated above. Roll call was .taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. • ITEM 7E Mr. Erickson explained that the senior citizen deferred assessment for Geraldine Pfarr and Lillian Sweno would become effective with the first half taxes payable in 1992. 91.111 Motion was made by Sindt, seconded by Mulvihill to approve a senior citizen deferred assessment for Geraldine Pfarr and Lillian Sweno, 20116 Kenwood Trail, effective January 1, 1992. Ro11 call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey,. Ruhmann, Zaun. ITEM 7F Mr. Nelson explained that City staff is recommending. the Council delete from the contract for Improvement Project 90-5, Holyoke and 210th Street sewer extension, the portion of eight inch. sewer proposed to be extended- along Holyoke Avenue to serve the two existing homes. He explained that Schmitty & Sons no longer desires sanitary sewer or water service to their existing. home on Holyoke Avenue, as they.. plan to remove the house within two years. An alternative to • providing sanitary sewer from off Holyoke Avenue to the former Radford property would be the extension ,a CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 4 • of a long (375') service from the rear of the property. Mr. Nelson explained that the cost to construct this .four-inch main would be approximately $2,000 less than the eight-inch main originally proposed for this property. Mr. Mark Thomseth, new owner of the former Radford residence, was present and requested the extension of sewer service to his property. He requested water service to his property from the west side of Holyoke Avenue as originally proposed; and he stated the alternative sewer service to the rear of his property is acceptable. Mr. Nelson explained that accorcling to the City's flood insurance maps, the Thomseth residence is located in Zone A, which is within the approximate 100 year flood plain. He explained that Barr Engineering has reviewed the drainage way and determined the approximate 100 year flood level near the Thomseth residence to be elevation 962.75. Engineering surveyed the Thomseth. residence and. found the ground elevation at the northwest corner of the house to be elevation 961.3. The basement, therefore, would be subject to flooding. Mr. Thomseth stated he currently has flood. insurance on the property. • Mr. Erickson suggested the City Council consider authorizing the City Attorney to draft a hold harmless agreement between the City and Mr. Thomseth to protect the City in .case of flooding at the Thomseth residence. 91.112 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 91-69 awarding the contract for sanitary sewer and watermain extensions, Holyoke Avenue and 210th Street,.. Improvement Project 90-5. Roll call was taken on the motion. Ayes, Mulvihill., Harvey, Ruhmann, Zaun, Sindt. 91.113 Motion was made by Sindt, seconded by Mulvihill to authorize preparation of a change order on the replacement of the eight-inch sanitary sewer along. Holyoke Avenue with a four- . inch service on the southeast side of the Thomseth property, and authorize the City Attorney to draft. a hold harmless agreement between the City and Mr. Thomseth. Roll call was taken on .the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 8 Chief Gudmundson explained that Babe's Sportsbar & .Grill is CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 5 • requesting approval for outdoor dances to be held on June 28th and 29th. Babe's has agreed to hire two reserve officers each night. Chief Gudmundson stated the Police. Department reserves the right to cancel the June 29th dance if serious problems occur on the 28th. Babe's Sportsbar & Grill is .also requesting the sale of beer in the outdoor double fenced area on June 28th. .and 29th and July 3rd, 4th .and 5th. .They are also planning to have a pig roast on July 5th and have agreed to hire two reserve officers for that evening. Ms. Pat Sternberg, Manager of Babe's Sportsbar & Grill, stated she will have security on duty in addition to the reservists who will check ID's and make sure liquor remains on the premises. 91.114 Motion was made by Harvey, seconded by Sindt to approve extension of the on-sale liquor license. for Babe's Sportsbar & Grill to include the sale of beer in .the front, double fenced parking lot on June. 28th and 29th and July 3rd, 4th and 5th; and to approve extension of the cabaret license to allow outdoor. dances in the fenced area on June 28th and 29th, subject to conditions listed in Chief Gudmundson's memo dated May 29, 1991. Roll call was taken on the motion.. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITLM 9 Mr. Morey presented the final plat of Cedar Glen 3rd Addition located on the west side of Cedar Avenue. The plat .consists of 40 lots zoned R-3, high density single .family "residential district. Mr. Morey provided a history of the plat as follows: In 1987 .Ground Development, Inc. received preliminary plat approval of Cedar Glen, which consisted of 155 single family lots. A request for an R-2 to R-3 rezoning was .not acted upon.. The .final plat of Cedar Glen 1st Addition was later approved. The plat. consisted of 25 R-3 sized lots; and the subdivision remained zoned R-2. In 1990 the final plat of Cedar Glen 2nd Adclitaon was approved. The plat consisted of 29 R-3 sized lots on property zoned R-2. In 1991 the entire Cedar Glen subdivision was rezoned from R-2 to R-3 in order to eliminate the non-conforming status of • the lots. Mr. Morey explained that the third addition is .consistent with the approved preliminary plat. CITY OF LAKEVILLE COUNCIL. MEETING JUNE 3, 1991 PAGE 6 The Planning Commission recommended approval of the final plat subject to conditions listed in the .April 11th planning `.report, with two modifications. One relates to the elimination of a requirement for temporary turn-grounds being provided at Goodview Trail and Godson Avenue. The Engineering Department has indicated that these turn-grounds would not be needed. The Planning Commission also recommended taking ten feet from Lot. 8, Block 6 and adding ten feet to Lot 1, Block 6, requiring the. driveway to be on the west side of the lot. Mr. Morey explained that according to the City Attorney, the City can make modifications to .the final plat in the interest of safety (driveway access), but the configuration of lots and streets. must remain consistent with the approved preliminary plat. Mr. Morey pointed out that staff carefully reviewed safety issues regarcling access onto Griffon Trai.l., due to the fact that Griffon Trail is considered a major collector street. Staff addressed safety. issues by prohibiting certain .lots from having driveway access onto Griffon Trail and requiring the installata.on of driveway turn-grounds on the other lots. This recommendation was carried forward to .the development contract (Section Mr. Nelson pointed out that the portion of .the site south of Griffon Trail was previously graded as part of the .Griffon Trail .improvement project, and costs were assessed back to this development. The .northeast portion of. the site is in a fill area, and the developer will be grading a portion of .that future phase to obtain the fill mgterial. He stated this work is consistent with the prelimingry grading plan, and staff recommends approval. Councilmember Mulvihill voiced her opposition to R-3 size lots. She also addressed the. need for a traffic control signal at Upper 164th Street and Cedar Avenue, as well as possibly lowering. the speed limit on Cedar Avenue. Mr. Erickson suggested the Council adopt a resolution under New Business for submittal to the .Dakota County .Highway Department. Councilmember Mulvihill suggested buffering along _ Cedar Avenue should include shrubbery, rather than just fencing. The developer, Mr. Steve Fitterman, indicated that shrubs of a significant size will be planted along Cedar Avenue. Councilmember Harvey addressed the need .for gn ordinance amendment that would require a 4/5 vote on .preliminary plats that involve rezoning... This will also be discussed under New Business. ~t CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 7 91.115 Motion was made by Sindt to adopt Resolution No. 91-72 approving the final plat and development agreement for Cedar Glen 3rd Addition. There was no second to .the motion. Mr. Knutson .explained that the Council cannot legally deny approval of the final plat,. since it meets all requirements of the previously approved preliminary plat. Councilmember Mulvihill seconded the motion. Ro11 call was taken on the motion. Ayes, Zaun, Sindt, Ruhmann. .Nays, Mulvihill, Harvey. Councilmembers Mulvihill. and Harvey voted against the R-3 zoning. ITEM 10 Mr. Morey presented the preliminary and final plat of Performance Computer Forms First Addition located .west of :Cedar Avenue and south of County Road 70. This plat involves the combination of two pieces of property .for expansion of the existing business. Since. one lot is part of the platted Cedar 70 .Business Park and the other is an unplatted parcel, the lots must be combined to create a totally new plat. Since the plat consists of only one lot, the .applicant chose to seek preliminary and final approval simultaneously. The Planning Commission and staff recommend approval. Mr. Nelson explained that engineering reviewed the existing drainage .channel at this location. .With the combination of the two parcels, the drainage and utility easements on the. west Line of Lot 2, Block 1, Cedar 70 Business Park, will not be needed after final platting. Through a cooperative effort between Performance Computer Forms, Cedar 70 Business Park and Appro Development, the existing .retention pond on the Car Quest property will be used to route runoff from .the proposed plat, and an outlet pipe north to County Road 70 will be constructed. This would require .joint easements between the three property owners, which they have agreed to. Councilmember Harvey asked about the dirt stockpiled on the Performance Computer Forms property. Jack Matasosky, representing Performance Computer Forms, explained that the company presently has an agreement with a landscaping firm to remove the dirt. 91.116. Motion was made by Harvey, seconded by Ruhmann to adopt Resolution No. 91-73 approving the preliminary and final.. plat. and development agreement for Performance Computer Forms First Addlition, subject to the seven conclita.ons listed in the •c • 3 CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 8 • Communit and Economic Develo went Director's re ort dated Y P P May 28, 1991. (Report on file in the City Clerk's office.) Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 91.117 Motion was made by Sindt, seconded by Mulvihill to adopt Resolution No. 91-74 vacating drainage and utility easements for Performance Computer Forms First Addition... Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 Mr. Morey explained that the Zoning Ordinance requires 214 parking. spaces for Performance Computer. Forms' expanded facility. The company currently.. has 64 parking spaces and will be constructing 43 spaces with the new addition. Since the company has adequate parking to meet .present and near future demand, they are requesting deferment of 107 spaces. The company must enter. into a development contract with the City which provides for future parking spaces that must be constructed if parking demand exceeds supply. Ms. Joan Krejci, Vice President and Chief Financial .Officer for Performance Computer Forms, stated the company currently has 70 employees and does not plan to hire additional staff with the building expansion. 91.118 Motion was- made by Harvey, seconded by Sindt to approve a parking .deferment development contract for Performance Computer Forms, Ina Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 14 .Assistant Fire Chief Danny Barth presented. the proposed expansion plans for Fire Station No. 2 developed by the Builcling Committee as part of the space study. He ...explained that since the station was built in 1975, the City has made no substantial improvements to it. The building at present is no longer meeta.ng the needs of the Fire Department. It currently serves the second largest .voting precinct in the City and does not have ample space. fdr voting activities. O The expansion is also needed to house the ALF Ambulance personnel and a new pumper which is scheduled •t CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 9 • to arrive this summer. He ex lained that the arkin lot was p P g originally designed for two-ton capacity; fire trucks and City vehicles now exceed that limit. Substantial leaching problems with the break-off block is also occurring... Mr. Erickson presented. detailed building elevations and site plans for Station No, 2. He explained that the Council has decided to move up the construction schedule almost a year in order to take advantage of ..the current competitive construction market. The building expansion will be paid for out of the Building Fund (from municipal liquor proceeds) and the 1983 General Obligation Bond Fund. He explained that a substantial amount of :money will be needed to bring the site into conformance with current City standards, i.e. parking lot, curb and gutter, ingress and egress and lighting. He also explained that the Council wants alternates taken. on a number of items, i.e. irrigation system and brick on the south side of the building, and will consider proceeding with these alternates if they. are affordable. 91.119 Motion was made by Harvey, seconded by .Mulvihill. to enter into an architectural agreement with Tushie-Montgomery Associates, Inc. for the expansion of Fire Station No. 2. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 15 Mr. Erickson presented a purchase agreement to acquire the Old Station restaurant property at the corner of .Holyoke Avenue and 210th Street. He explained that the property is blighted by reason of obsolescene, .overcrowding and excessive land coverage; and there are environmental hazards on the property (fuel tanks. on site. and underneath the. building) that need to be cleaned up. The property is .also needed for .safety improvements for .the abutting street. The City would pay First Federal Savings and Loan of Hastings .$73,000 fore the property. Mr. Erickson explained that prior to the closing of this transaction, the seller must, at its own expense, clean up the property, remove all underground .storage tanks, seal any wells and/or septic systems, grade .the property and apply clean granular fill. Councilmember Sindt asked if there is potential for contamination during removal of the underground tanks. Mr. Knutson explained that. Sections 6 and 7 of the purchase agreement give the City the right to inspect and monitor removal of the tanks. If environmental contingencies are not satisfied, the City may terminate the agreement. ,f .t CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 10 • Mr. Erickson recommended that the Cit sell the builclin to Y g the Lakeville H.R.A. in order to utilize the excess increment from the Southfork TIF project to fund the acquisition of .this property. The transaction can take place after an amendment to the Southfork TIF plan has been considered and approved by the H.R.A. and City Council. .91.120 Motion was made by Harvey, seconded by Ruhmann to adopt Resolution No. 91-75 authorizing execution of a purchase agreement for the Old Station property. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 16 91.121 Motion was. made by Harvey,. seconded by Sindt to appoint Mr. Scott Tracy to a vacancy on the Environmental Affairs Committee for a term which will expire on January 1, 1993. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFITTISHED BIISINESS Nona • NEW BIISINESS -A- 91.122 Motion was made by Mulvihill, seconded by Ruhmann to request the Dakota County Highway Department to perform the necessary traffic study (including speed limit) on Cedar Avenue between County Road 46 and Dodd Boulevard, and incorporate the needed funding for signals deemed necessary to provide safe ingress and egress to Lakeville residents on both sides of Cedar Avenue, to be included in the County's five year capital improvement program. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. -B- Mr. Erickson referenced a letter from Dakota County Commissioner Turner in regard to the Legislature's recently passed Omnibus Tax Bill, which provides .for an increase. in the sales tax from 6~ to 6.5% effective July 1, 1991.. Dakota County is asking cities and townships in the County. to pass a resolution in support of the. "Local Optiom Sales Tax". The bill provides that unless counties act to enact the sales :tax ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1991 PAGE 11 increase by July 1st, the county and all cities and townships within that county will face elimination of all local government aid (LGA), homestead .and agricultural credit aid (RAGA) and other aids identified in the bill. Mr. Erickson provided an overview of the LGA losses .the City has suffered the past year, and will continue to suffer in years to come. The Council expressed their disappointment with the manner in which the State is handling local government aid and levy limits, especially for a growth city such as Lakeville. The City .Council stressed the fact that the. State Legislature is forcing cities to support the one-half cent sales tax increase by threatening the loss of state aids. -C- Councilmember Harvey suggested an amendment to the zoning ordinance which. would require a 4/5 affirmative .vote on a preliminary plat requiring a rezoning (rezoni.ng matters require a 4/5 affirmative vote} so that a preliminary plat does not get approved without the rezoning. Mr. Knutson suggested an amendment that would require.- zoning to be in place prior to preliminary plat approval.. 91.123 Motion was made by Harvey, seconded by Sindt to direct .the .City Attorney to prepare an amendment to the zoning orclinance for. considerata.on by the Planning Commission regarding preliminary plat and rezoning approvals. Roll call was taken on the .motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ANNOIINCEMENTS Mayor Zaun proposed a joint. meeting between the City Council and District 194 School Board; date pending. Next Regular Council Meeting, June 17, 1991. Mayor Zaun adjourned the. meeting at 10:05 p.m. Respectfully submitted, . ` Charlene Friedges, C' Clerk D ne Zaun, or