Loading...
HomeMy WebLinkAbout05-20-91 CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 i The meeting.. was caLted to order by Acting Mayor ..Betty Sindt. The pledge of allegiance to the flag was given. Roll .call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill and Harvey. Absent: Mayor Zaun. Also present; R. Knutson, City Attorney; B. Erickson, City Administrator; D. Gudmundson, Chief of Police; K. Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, Community & Economic Development. Director; D. Morey, Assistant Community & Economic Development Director; A. Brixius and. D. Licht, Planning Consultants; D. Krings, Building Official; J. Robinette, Environmental Resources/Public Works Director; C. Friedges, .City Clerk. MINOTES The minutes of the. April 24th special Council meeting and :May 6th regular Council meeting were approved as printed. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: None. Chief of Police: Chief Gudmundson presented the April Police Department monthly report. Councilmembers thanked members of the Police Department for their efforts in the Kate Hebert homicide investigation and a recent automobile accident involving a school bus. PRESENTATIONS/INTRODIICTIONS Mr. Feller. introduced Ms. Charlotte Zurn, Accounting Clerk. Chief Gudmundson introduced Ms. Lori Clemmer, Community Service Officer. Councilmembers presented volunteer .certificates of recognition and appreciation as follows: Councilmember Ruhmann presented a certificate of appreciation to Matt Kotula, who prepares income tax returns -for. senior citizens, low income residents and people who have disabilities. CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 2 i Councilmember Mulvihill presented certificates of appreciation to Vern and Tonette Jensen, members of the Lutheran Brotherhood Branch. The Jensens used their skills to build and install cabinets at the Senior Center. Councilmember Harvey presented certificates of appreciation to Larry and Vicki Bakken. Mr. Bakken has been involved with the Boy Scout program; and Mrs. Bakken has participated in the scouting and youth soccer programs. Chief Gudmundson and City Attorney Roger Knutson presented, on behalf of the City of Lakeville, a fax machine to the Jeanerette, Louisiana, Police Department for their assistance in the Kate Hebert: homicide investigation. The fax machine was recovered by the Police Department as part of an insurance fraud investigation; and Mr. Knutson donated $300 to have the machine cleaned and pay the insurance company. A video tape of the presentation will be sent along with the fax machine to the Jeanerette Police Department. CITIZENS' COMMENTS Mr. Ken LaBoone, 20072 Italy Avenue, presented a petition • requesting. .the restoration of year-round access to Lake Marion at 201st Street in Antlers Park (known as the Antlers Park lagoon). He asked the Council to consider directing immediate removal of the gate which presently interferes with vehicular access to Lake Marion at 201st Street. He urged the Council to consider fully restoring the access within: one calendar year or schedule a City referendum on full restoration of the access. to coincide with the next City Council election. Mr. Erickson stated the Antlers Park lagoon issue will be discussed at an upcoming Council work session. 91.98 Motion was made by Harvey, seconded by Mulvihill to .accept the petition from Mr. LaBoone regarding access to Lake .Marione at 201st Street. Roll call was taken on the motion. Ayes, Ruhmann, Sindt, Mulvihill, Harvey. CONSENT AGENDA Councilmembers removed .from the consent agenda item 7m, resolution awarding contract for Improvement Project 90-5; and item 7q, extension of liquor and cabaret licenses for • Babe's Sportsbar & Grill. Councilmembers added agenda -item CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 3 • 11, appointments to the Environmental Affairs Committee Solid Waste and Recycling Subcommittee, to the consent agenda. 91.99. 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: Parks & Recreation Committee, May 1st Planning Commission, May 2nd Environmental Affairs Committee, May 7th c. Approve easement agreement on Parcels 12, 13 and 14, West Orchard Lake/Judicial Road Improvement Project 89-9. d. Approve temporary on-sale. non-intoxicating malt: liquor license for All Saints Church. e. Resolution No. 91-59 approving a raffle license for the Burnsville Chamber of Commerce. f. Resolution No. 91-60 approving submission of snowmobile and cross country ski trail grants. • g. Approve agreement with MnDOT for traffic signal at 175th Street and Trunk Highway 50. (Resolution No. 91-65) h. Approve Sexual Harassment Policy dated May 20, 1991. i. Resolution No. 91-61 .calling a public hearing on the certification of delinquent utility accounts. j. Resolution No. 91-62 amending the 1991 General Fund Budget. k. Receive bids for re-roofing of the public works building and approve Resolution No. 91-63 awarding contract. 1. Approve Agreement. of Settlement and Release with Denis Bernard Gormally. m. (Removed from consent agenda.) n. Resolution No. 91-64 approving plans and specifications and authorizing advertisement for bids on Casperson Park Phase I development, Improvement Project 91-7. o. Approve acquisition of LMCIT accident coverage for City volunteers, effective June 1, 1991. CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 4 p. Approve Kiddie Carnival for Pan-O-frog. q. (Removed from consent agenda.) r. Approve extension. of non-intoxicating malt liquor license for the Lakeville Lions Club to include .beer sales at North Park. s. Approve. Scott County Youth Employment Program Worksite .Agreement. t. Approve Settlement Agreement with James F. and Alice D. Larsen for special.. assessments on Highview Avenue Improvement Project 88-2. 11. Appointment of Mike Feist, representing Mike's Disposal Service, and Brett Anderson, representing Lakeville Sanitary Service, to the Environmental Affairs Committee Solid Waste and Recycling Subcommittee for terms expiring on December 31, 1991. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7M Mr. Erickson explained that Mr. Schweich, Schmitty & Sons, is still negotiating the purchase of the Radford property on Holyoke Avenue. Staff is not able to make a recommendation on award of a contract for Improvement Project 90-5 until the disposition between Schmitty & .Sons and the property owner is known. 91.100 Motion was made by Harvey, seconded by Mulvihill to table award of a contract for Improvement Project 90-5, Holyoke Avenue and 210th Street sewer extension. Roll call was taken on the ,motion. Ayes, Mulvihill, Harvey, Ruhmann, Sindt. ITEM 7Q Mr. Erickson explained that Babe's Sportsbar & Grill .has withdrawn their request for an outdoor dance on -July .5th, at .the request of City staff. He explained that the Police Department had concerns with allowing two outdoor dances downtown on the same evening, (the Cruise Night .dance is scheduled for July 5th). Mr. Erickson explained that Babe's . would hold outdoor .dances on June 28th and. 29th and would CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 5 sell beer in the front parking lot, tented area, during the full week of Pan-O-frog. Councilmembers asked if the downtown residents- are willing to tolerate the noise that would be generated by four outdoor dances during the week of Pan-O-Frog, Councilmembers also asked how security would be handled at Babe's during .dances. There was no one present from Babe's who could address the Council's concerns. 91.101 Motion was made by Harvey, seconded by Mulvihill to table discussion of this item until the June 3rd .Council meeting. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Sindt, Mulvihill. ITEM 8 91.102 Motion was made by Harvey, seconded by Mulvihill to reconsider Conditional Use Permit No. 91-04 for Merillat Industries. Roll call was taken on the motion. Ayes, Ruhmann, Sindt, Mulvihill, Harvey. Mr. Sobota stated the City Council approved Conditional Use Permit (CUP) -No. 91-04 for the construction of a loading berth at Merillat Industries. He explained that a lack of communication existed between the :developer for. the expansion project and the company's corporate office during. the conditional use permit process. The corporate office is, therefore, requesting an amendment to Condition No. 1 of the. CUP, which would require paving .and curbing of the existing semi-truck parking area in the northwest corner. of the site by December 31, 1992, rather than August 1, 1991, as previously approved. All other conditions of .the CUP are satisfactory. Mr. Sobota stated staff recommends .approval of the CUP amendment. 91.103 Motion was ..made by Harvey, seconded by Ruhmann to amend Condition No. 1 of Conditional Use Permit No. 91-04 to read as follows, "The existing semi-truck parking area located in the .northwest corner of the site be paved and curbed by December 31, 1992, or before. Should this area. not be paved by this date, then it shall be landscaped and seeded as green space with no parking on the area." Roll` call was taken on the mota.on. Ayes, Sindt, Mulvihill, Harvey, Ruhmann. • CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 6 ITEM 9 Mr. Morey presented the conditional use permit .application of Richard Clemmer (Dick's Sanitation Service) for construction of a brick office addition. to his existing metallo building located on the south. side of County Road 70 a quarter mile east of Dodd Boulevard. The property is zoned I-1, Limited Industrial District, but at 2.5 acres in size with an on-site septic system, is non-conforming in terms of lot size.. Therefore, conditional use permit approval is required to allow this business to expand. Mr. Morey. explained that Mr. Clemmer plans to pave .and stripe his existing. parking lot and .install additional landscaping. to help screen the rear yard storage area. The property has access from County Road 70 via an existing on-site driveway, as well as an existing off-site roadway over a County highway easement. In addition, a .120 foot County highway easement for future expansion of County Road 70 traverses the Clemmer property. The. proposed new building meets all setback requirements, with the exception of the front .yard setback, using the highway easement as the front yard setback line. Mr. Morey explained, however, that this is only an easement, and the existing building has been grandfathered, since .the City has no record of a permit for the building.. Ordinance requires 19 paved parking spaces for the building; the site plan indicates 23 spaces will be providedo The rear 145 feet of the property is currently surfaced with crushed rock and is used. for the storage of trash containers, two. land/sea containers used for storage .and containers. for storage of recyclable materials. Because this area is used to store heavy .containers, staff feels paving is not necessary. Staff is recommending additional trees be planted in the front yard green area to help screen the. outside storage area. Mr. Morey explained that the Community & Economic Development Director is currently researching the use of land/sea containers in the industrial park. However, at this time, such containers are not allowed by ordinance and must be removed from the .site. Councilmember Sindt suggested since staff has determined that the land/sea containers do not comply with ordinance requirements, Condition No. 9 of the: CUP can be deleted. 91.104 Motion was made by Mulvihill, seconded by Harvey to receive the Planning Commission's findings of fact and grant a conditional use permit to Richard Clemmer. to allow a building expansion for an industrial business on a non-conforming .lot • located at 9884 - 215th Street subject to requirements of Conditions No. 1 through 8. CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 7 i Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Sindt. ITEM 10 Mr. Brixius presented the conditional use permit request of Independent School District 194 for construction of a senior high school facility,. including an outdoor sports field,. a football stadium, parking facilities and nature study areas. The 60-plus acre site is located on Dodd .Boulevard. near the intersection of Trunk Highway 50. The school district is seeking conditional use permit approval in order to split the bids. for grading and actual construction of the new facility. Mr. Brixius explained that the Planning Commission .considered site, grading and utility plans at their May 2nd meeting and tabled the matter for further review. City staff met with school district .representatives on May 8th to work .out extensive site changes and addendums to the plan. .The May 10th planner's report lists the resolutions arrived at between the City and School District. The Environmental Affairs Committee reviewed the draft conditional use permit and recommended changes relating to site access during construction, storm water `pond design, erosion control, tree preservation, pursuit of DNR permits and historical review of artifacts found on site. The Planning Commission reviewed the final conditional use permit document on May .16th and recommended approval. Mr. Brixius explained that the Planning Commission and Environmental Affairs Committee recommended approval of the conditional use permit, which requires final review and .approval of the following development plans by City advisory committees and City Council; Grading and Drainage Plan Revised Site Plan Landscaping Plan Lighting Plan Utility Plan Final Plat Future Stadium Construction Plan Signage Plan The School District would be required to enter into a public .improvement agreement with the City and must comply with all resolutions identified in the May 10, 1991, planning report. (on file in the City Clerk's office). Mr. Brixius stated School District officials have expressed a willingness to CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 8 rovide these documents to the Cit for final review and P y approval. Councilmember Harvey asked .about the areas .where existing vegetation is going to remain, the school district's plan for additional tree preservation and how. that will coincide with parking areas. Mr. Erickson stated the proposed retaining wall would act to preserve tree cover to the north of the school°s property. Mayor Zaun arrived at the meeting; 8:20 p.m. Councilmember Sindt asked how close the construction access would be to the existing Lake Marion. Elementary .School. Mr. Sullivan, architect for the school, stated there is a distance of 1,800 feet between the Lake Marion ..entrance and the north entrance to the high .school .site. The School District would like to complete grading during the summer months to avoid danger to wandering school children. He explained that construction site safety, in any project, is the responsibility of the contractors. Councilmember Sindt also voiced a concern that playgrounds and .ball fields are being located near a busy road (Dodd • Boulevard). Mr. Sullivan explained that the School .District feels the fencing and change in grades .would provide an adequate buffer. Councilmember Mulvihill ..commended the efforts of the .City's advisory committees toward this project,. as well as the cooperation that has existed between the .City staff, school. administration and architect. She stated she feels comfortable that through the requirements of the conditional use permit document, the final result (new high school) will prove to be a very good and workable product. .91.105 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve a conditional use permit for. Independent School District No. 194 relating to public school facilities and buildings to be located on the west side of Dodd Boulevard, south of 192nd Street. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. DNFIl~TISHED BIISINESS Councilmember Sindt asked about the status of the I-35 • CITY OF LAKEVILLE COUNCIL MEETING MAY 20, 1991 PAGE 9 v' nmenta En ~.x'o 1 Impact Statement (EIS). Mr. Erickson stated MnDOT Commissioner Riley ruled, for safety reasons, against splitting the EIS, and indicated construction of a third lane could take place as early as 1993. NEW BUSINESS Councilmember Sindt asked the Council. for a letter supporting her candidacy for a position on the League of Minnesota. Cities Board. 91.106 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 91-66 in support of Councilmember Sindt's candidacy for a position on the League of Minnesota Cities Board. Ro11 call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 91.107 Motion was made by Harvey, seconded by Sindt to receive the. petition from Mr. LaBoone, which was presented under Citizen~° Comments, and authorize the information be referred to the Parks & Recreation Committee. • Ro11. call was taken on the .motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 91.108 Motion was made by Sindt, seconded by Mulvihill to authorize the Mayor to .send letters of appreciata.on to all public safety agencies who assisted in a recent .automobile accident involving a school bus. Roll call was taken on the motion. Ayes, Sindt Mulvf.hilt, Harvey, Ruhmann, Zaun. ANNOUNCEMENTS Council Work Session, May 22, 1991 Next Regular Council Meeting, June 3, 1991 Mayor Zaun adjourned the meeting at 8:43 p.m. Respectfully submitted, ~ n v Charlene Friedges, City lark Du a Zaun, Mayo