HomeMy WebLinkAbout04-15-91 CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 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; K. Nelson,. City Engineer; D. Feller, Finance
Director; M. Sobota, Community & Economic Development
Director; D. Gudmundson, Chief of Police; S. Michaud, Parks &
Recreation Director; D. Morey, Assistant Community & Economic
Development Director; D. Krings, Building Official; C.
Friedges, City Clerk.
MINOTES
The minutes of the April 1, 1991, City Council meeting were
approved as presented.
STAFF ANNOUNCEMENTS
Attorney: Mr. Knutson requested a brief Executive Session of
the .Council following adjournment of tonight's meeting to
cliscuss pencling litigation.
Engineer: Mr. Nelson asked the Council to consider a
resolution under "New Business" designating Ipava Avenue
between 185th Street and Indra Way as a Municipal State Aid
Street. The reason for the urgency is to meet a May 1st
deadline for submittal of the necessary paperwork in order. to
receive construction needs for this year.
Administrator: Mr. Erickson handed out additional
information for agenda items 7g and 7r.
Chief of Police: Chief Gudmundson presented the March Police
Department Monthly Report.
Parks & Recreation Director:. Mr. Michaud presented the March.
Monthly Report and the 1990 Annual Report of the Parks &
Recreation Department.
PRESENTATaONS/INTRODUCTIONS
Former Council members Ed Mako, Dick Brandes and Archie
Clarkson unveiled the photo gallery of former Mayors and City
Council members from 1965 to the present. (Mrs. .Leo Aronson
was also present for the unveiling.)
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CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 2
91.64 Councilmember Ruhmann read the Proclamation for Volunteer
Recogn9.tion Week, April 21 - 27, and moved its adoption,
seconded by Sindt.
Roll call ..was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
Councilmember Sindt presented a volunteer recognition
certificate to Sally Custer for 12 years of service to the
Veterans of Foreign Wars Post .210 Auxiliary for Loyalty Day
observance.
Councilmember Mulvihill presented a volunteer recognition.
certificate to Mary Storlie for three years of assisting
mentally and physically handicapped adults at the Zenith
House and three years of assisting mentally and physically
handicapped adults at Owobopte Industries.
Councilmember Harvey presented volunteer. recognition
certificates to Rick Ruh and Rob Ruh (not present) for 12
years and eight .years (respectively) of teaching the youth
gun training program.
• Councilmembers also recognized Ms. JoAnn Brown, a member of
the Lakeville Fire Department, who was recently named WCCO's
Good Neighbor of the Year.
CITIZENS' COMMENTS
Ms. Diane Gossard, 17342 Junelle Path, requested an update on
the installation of a traffic signal at 175th Street and
Highway 50. Mr. Erickson stated the Minnesota Department of
Transportation has indicated construction will occur in July
of 1991.
Mr. Walter Sternberg, 16720 Klamath Trail, asked about an
agenda item. concerning mandatory connection to City sewer and
water. Mr. Erickson explained that this ordinance was
adopted at the April 1st meeting. It has been duly
published, and staff is in .the process of notifying residents
with availability to sewer who are not currently hooked up to
the public sewer and water systems.
CONSENT AGENDA
Councilmembers removed consent agenda items 7c .(deferment of
special assessments at 17342 Junelle Path) m, n, o, p, and q
(non-intoxicating malt liquor and dance licenses for the
• Lakeville Jaycees) for further discussion.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 3
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91.65 Motion was made by Harvey, seconded by Mulvihill to approve
..the modified consent agenda items as follows:
a. Approve claims for payment.
b. Receive minutes of the April 2, 1991, Natural Resources
Committee and April 3, 1991, Parks & Recreation Committee
meetings.
c. (Removed from consent agenda.)
d. Approval of a Settlement Agreement with Clinton and
Kathleen Zweber .for special assessments, Improvement
Project 88-2.
e. Approval of an agreement with Northern States .Power
Company for relocation of overhead electrical lines in
Casperson Park.
f. Approval of a Real Estate Purchase Agreement with Jeffrey
and Connie Sundvall for Lot 1, Block 1, Daniels Addition.
g. Approval of a special assessment agreement .with School
• District 194 for the 1992. elementary school.
h. Approve Resolution No. 91-39 approving specifications far
re-roofing the public. works building and authorizing bids.
to be opened on May 9, 1991.
i. Approve easement agreement on .Parcel 7, West Orchard
Lake/Judicial Road, Improvement Project 89-9.
j. Approve Resolution No. 91-40 approving renewal of a
gambling license for the Lakeville VFW Post 210 .for
pull-tabs.
k. Approve easement .agreement on Parcel 7, 205th
Street/Hollins Avenue, Improvement Project. 90-1.
1. Approve on-sale non-intoxicating malt liquor .license for
the Lakeville Lions Club.
m. (Removed from consent. agenda.)
n. (Removed from consent agenda.)
o. (Removed .from consent agenda.)
p. (Removed .from consent agenda.)
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 4
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q. (Removed from consent agenda.)
r. Approve agreement with Frogressive Consulting Engineers,
Inc. and Black and Veatch to .update the City's
Comprehensive Water Plan.
s. Approve easement. agreement for Parcels 1A and 1B, West
Orchard Lake/Judicial Road, Improvement Project 89-9,
t. Acknowledge receipt of American Appraisal Associates
report dated April 2, 1991.
Roll call was taken. on the motion. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
ITEM 7C
91.66 Per Ms. Gossard's request, motion was made by Harvey,
seconded by Sindt to table deferment of special assessments
for property located at 17342 Junelle Path untilthe May 6th
.Council meeting.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
• Ruhmann, Zaun, Sindt.
ITEMS 7M-N-O-P-Q
91.67 Motion was made by Mulvihill, seconded by Sindt to table the
consent agenda items pertaining to non-intoxicating malt
liquor and dance Licenses for the Lakeville Jaycees until May
6, 1991, as the certificate of insurance and Police
Department's investigation have not been submitted.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
ITEM 8
Mr. Feller explained that since the City's issuance of
general obligation improvement bonds in 1985 and 1987,
interest rates and the tax exempt market have dropped
significantly. The City .now has an opportunity to refinance
those bonds at lower interest rates and use the proceeds to
retire the existing debt.
Mr. Bob Pulscher, Financial Consultant from Springsted, Inc.,
presented results of the bid opening. and recommended- awarding
the bids as follows:
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 5
General Obligation Water Revenue Refunding Bonds, Series
1991A: Cronin & Company, Inc.; Interest Rate 6.194%; Total
Net Savings $58,391.70; Present Value Savings $39,558.00.
General Obligation Improvement Refunding Bonds, Series
19918: Cronin & Company, Inc.; Interest Rate 6.449%; Total
Net Savings $273,391.55; Present Value Savings $64,007.11.
General Obligation Improvement Refunding Bonds, Series.
1991C: Norwest Investment Services, Inc.; Interest Rate
6.463%; Total Net Savings $208,935.43; Present Value Savings
$106,553.05.
91.68 Motion was made by Sindt, seconded by .Harvey to approve
Resolution No. 91-41 authorizing issuance, prescribing the
form and details and providing for the payment of $715,000
General Obligation Water Revenue Refunding Bonds, Series
1991A to Cronin & Company, Inc.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
91.69 Motion was made by Harvey, seconded by Sindt to approve
Resolution No. 91-42 authorizing issuance, prescribing the
• form and details and provicling for the payment of $605,000
General Obligation Improvement Refunding Bonds, Series 19918,
to Cronin & Company, Inc.
Roll call was taken on .the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
91.70 Motion was made by Sindt, seconded by Mulvihill to approve
Resolution No. 91-43 authorizing issuance,. prescribing the
form and details and providing for the payment of $2,485,000
General .Obligation Improvement Refunding Bonds, Series 1991C,
to Norwest Investment Services, Inc.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
.ITEM 9
Mr. Feller presented the proposed 1991 General Fund Budget
amendments. These amendments are necessary due to the loss
of Local Government Aid from the State of Minnesota, .which
totals $110,592, and the loss of State Building Department
surcharge rebate in the amount of $26,000.. The total revenue
beinglost by the City is $136,592.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 6
Mr. Feller explained that the City Council and staff reviewed
..the budget at a recent work session and arrived at
adjustments which total $135,494. Staff has made additional
adjustments in the amount of $1,098, for a total budget
adjustment of $136,592. The areas where adjustments were
made include capital improvement program transfers and
reductions in personnel costs, which involve the delayed
hiring of a Community Service Officer and Park Maintenance
employee. Another budget adjustment, which is a $688
addition, involves the installation of biffs needed at
various school facilities for athletic purposes.
91.71 Motion was made by Mulvihill, seconded by Harvey to approve.
Resolution No. 91-44 amending the 1991 General Fund Budget.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
ITEM 10
Mr. Morey .provided a historical perspective of the .Chapel
Hills 3rd Addition preliminary plat as follows:
Meritor Development received preliminary plat approval of the
• subclivision known as Chapel Hills in 1987. The plat
consisted of a mixture of R-2 and R-3 sized lots; and the
request for an R-2 to R-3 rezoning was not acted .upon. The
final plat of Chapel Hills 1st Adclition, which consisted of
59 R-2 sized lots, was approved, along with a gracling permit
for the. entire Chapel Hills subdivision.
In 1990, Meritor submitted, and later withdrew, an
application for an R-2 to R-3 rezoning over the remainder of
the Chapel Hills subdivision not yet final platted. At the.
time of withdrawal, the Planning Commission and staff
recommended that the developer submit a revised preliminary
plat showing a reduction in the number of R-3 sized lots.
Meritor submitted a 61 lot preliminary plat of Chapel Hills
3rd Addition, the final phase of development of the Chapel
Hills subdivision located on the south side of County Road
46, west of Cedar Avenue. Forty-nine of the 61 lots met R-2
requirements for lot area. and lot width, .twelve of the 61
lots met R-2 requirements for lot area but not for lot
width. Meritor applied for a planned unit development (PUD)
over these 12 lots. Staff has recommended the elimination of
one of the 12 reduced ..width lots to further reduce the number
of R-3 dots to three. The Planning Commission recommended
approval of the preliminary plat/PUD subject to staff's
• recommendation.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 7
Mr. Morey explained that Meritor has revised the preliminary
plat to show one less lot in Block 1. Of the remaining 60
lots, now only three do not meet R-2 requirements for lot
width. These three lots are situated such that their
elimination would provide little benefit to the overall
design of the plat. The combination of Lots 17 and 18, Block
2, into one very large lot would be out of character with
surrounding zoning in the Cedar Glen, Foxborough and Chapel
Hills additions.
The City staff, Planning Commission,. Environmental Affairs
Committee and Parks & Recreation Committee recommend approval
of the revised (60 lot) preliminary plat and a PUD for lot
width for Lot 14, Block 1, and Lots 17 and 18, Block 2,
subject to planning, engineering and Dakota County Soil and
Water Conservation District reports.
Mr. Larry Vossen, Meritor Development, explained 'that the
plat was mass graded following preliminary plat approval in
1987. Since that time, they had to eliminate a lot but chose
not: to go back and ,mass grade in an effort to .preserve
vegetation. The City Engineer and Dakota .County Soil & Water
Conservation District have agreed to allow them to modify the
grades on a lot by .lot basis.
Councilmember Harvey stated he does not approve of R-3 size
lots and would like to see the R-3 provision removed from the
zoning ordinance.
Councilmember Ruhmann stated that although he felt the staff
has done the absolute best they .could to bring this plat into
conformance, he also has some reservations about R-3 zoning.
91.72 Motion was made by Mulvihill, seconded by Ruhmann to approve
the preliminary plat of Chapel Hills 3rd Addition, subject to
the March 15, 1991, planning report, the March 13, 1991,
engineering report, the March 15 and April 2, 1991, Dakota
County Soil and Water Conservation District .reports and
recommendations of the Planning Commission, Environmental
Affairs Committee and Parks & Recreation Committee.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, .Mulvihill. Nay, Harvey.
Councilmember Harvey stated he does not approve of R-3
zoning.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 8
ITEM 11
Elizabeth Halbach, Chamber of Commerce Executive Director,
requested .approval of a carnival in downtown Lakeville in
conjunction with Pan-O-Frog's 25th anniversary. The
carnival, she explained, would be operated by Don's Amusement
Enterprises, Inc. on the weekend of June 28 - 30, 1991, on
the Enggren/Wren/Lakeville Center property at Holyoke Avenue.
and 208th Street..
Mr. Erickson stated background checks have been .completed on
Don's Amusement Enterprises, and the company has a good
reputation in the State. The contract with Don's Amusement
is a guaranteed contract, with no financial risk to
Pan-O-Frog. He also explained that approval of the carnival
would be subject to receipt of a certificate of insurance
from Don's Amusement naming all parties, including the City
of Lakeville, as additional insured.
Ms. Halbach explained that the Downtown Business Association
requested a carnival during Pan-O-Frog a year ago, and the
Council, having several concerns, denied the request. This
year the. Downtown Business Assn, has coordinated the event
with Pan-O-Frog and the City. She stated they believe the
Council's previous concerns have now been addressed..
Councilmember Mulvihill asked about hours of operation on
Sunday evening,. June 30th. She felt the carnival should not
operate on that date past approximately 8:00 p.m.
Councilmember Sindt asked about security for the event, and
Chief Gudmundson explained that security would be provided by
the Lakeville Police Reserves.
91.73 Motion was made by Harvey, seconded by Mulvihill to approve a
carnival in downtown Lakeville on June 28 - 30, 1991, with
the stipulation that the carnival shall operate no later than
9:00 p.m. on Sunday, June 30th.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
ITEM 12
Chief .Gudmundson explained that the Police Department has, on
numerous occasions, .responded to dirt bike problems on
private property located behind Gepharts (Southfork Shopping
Center). The continued use of motor cycles and dirt bikes is
reshaping and defacing the property. Mr. Bruce. Luther,
property manager, has asked the Police Department to increase
"no trespassing" enforcement on that property .and wishes to
post "No Trespassing" signs around the perimeter. To help
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 9
alleviate the problem, the Police Department is requesting
approval. to post "No Parking-Violators will be Tagged and
Towed" signs along 176th Street and Juniper Path. Barricades
at 176th Street and Juniper Path would also be installed.
All of the signs would be .posted simultaneously for maximum
effectiveness. Staff has suggested Mr. Luther remove some of
the existing berms on the property.
From a historical perspective, Councilmember Harvey explained
that a previous property owner had unsuccessfully attempted.
to construct a road on that property. Construction was
stopped by City staff, as the proper permits had not been
obtained. Since that time, the problem with motorcycles/dirt
bikes has increased.
91.74 Motion was made by Mulvihill, seconded by Ruhmann to approve
Resolution No. 91-45 authorizing "No Parking - Violators will
be Tagged and Towed" signs be placed along 176th ..Street and
Juniper Path.
Roll call was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
UNFIldISHED BIISINESS
91.75 Motion was made by Harvey, seconded by Mulvihill to receive
Draft #3 of a resolution prepared by Mr. .John Ahlberg
concerning the airport issue and refer it to the City
Attorney for review and comment.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun. Sindt stepped out of the room momentarily.
NEW BIISINESS
Mr. Nelson presented a resolution designata.ng the extension
of Ipava Avenue between 185th Street and India Way {one and
one-half miles) as a municipal state aid (MSA) street. He
explained that cities are allowed to take 20~ of new .mileage
and add it to the state aid system. Lakeville is allowed one
and three-quarter miles for this calendar year. During
review of the County Road 46 project, the Metropolitan
Council. .encouraged development of more north/south collector
streets within the City. To accomplish this,
Sugar-Roscoe-Fausch is recommending this proposed extension
of Ipava Avenue as a new collector road. Staff feels. the
extension of Ipava Avenue is an ideal candidate for inclusion
into the MSA system. .Staff just (today) received preliminary
approval from the .Minnesota Department of Transportation and
must submit the necessary paperwork by May 1st in order to
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 15, 1991
PAGE 10
receive .construction needs for this year. Mr. Nelson
explained that this designation would add $800,000 to
$900,000 of needs to Lakeville's .system and increase
apportionment for 1991 allocations, which the City receives
in 1992.
In answer to Councilmember Harvey's question, Mr. Nelson
explained .that the City has only one-quarter mile left for
MSA designation, which will be banked until next year.
Mayor Zaun asked if property owners near the new high school
site have approached the City about extending Ipava Avenue
further to the north. Mr. Nelson explained that the current
plans are to extend Ipava Avenue from T.H. 50 to .the north
lot line of the proposed high school site. Staff sees no
reason to extend it further until. traffic justifies. it or
development occurs in that area.
91.76 Motion was made by Harvey, seconded by Ruhmann to approve
Resolution No. 91-46 designating Ipava Avenue between 185th.
Street and Inds Way as a Municipal State Aid Street.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
ANNOUNCEMENTS
Special Council Meeting (Board of Review] .April 24, 1991
Next Regular Council Meetinq, May 6, 1991.
Mayor Zaun adjourned the meeting at 8:55 p.m.
Respectfully submitted,
Charlene Friedges, Cit Clerk
Duane Zaun, M r