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HomeMy WebLinkAbout03-18-91 r. r CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Rolf 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; M. Sobota, Community Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Morey, Assistant Community & Economic Development Director; D. Gudmundson, Chief of Police; R. Brekken, Recreation Program Supervisor; C. Friedges, City Clerk. IrIINUTES The minutes of the March 4, 1991, City Council meeting were approved as printed. STAFF ANNOUNCEMENTS Attorney: None. . Engineer: None. Administrator: Mr. Erickson stated he has an additional. item to add to the work session agenda, which he will discuss under Item 15. Chief of Police: Chief Gudmundson presented the February Police Department monthly report. Parks & Recreation Director: Mr. Michaud .presented the February Parks & Recreation Department monthly report. PRESENTATIONS/RECOGNITIONS Chief Gudmundson presented plaques to Dave Bartle, Plant Engineer for Jostens, Inc., and Brian McKenzie, Vice President of Administration. for Arden International .Kitchens. The plaques were given in appreciation for the companies' contributions to the DARE program. Mr. Michaud presented a plaque to Mike White, Secretary for the Lakeville Jaycees, in appreciation for their .contributions to Lakeville parks & recreation programs. He also presented certificates to representatives of the Southern Dakota County Sportsmen's Club and the New Market Sportsmen's Club in appreciation for their contributions to the Lake Marion aeration system. S CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 2 CITIZENS' COMMENTS Mr. Ken LaBoone, 20072 Italy Avenue, expressed his concerns regarding the .Parks & Recreation Committee recommendation to eliminate the winter access (vacation of 201st Street} at the Antlers Park lagoon. He felt the City should seek a legal .opinion on the vacation of the road to insure that adjacent property owners cannot assert claim to any portion of the .road. Mayor Zaun stated the Council will consider Mr. LaBoone's concerns .when the Antlers Park lagoon matter is brought before them. CONSENT AGENDA Councilmembers removed Consent Agenda items 7e, agreement with Friedges Landscaping for removal of excess ..materials associated with the Casperson Park development; 7j, agreement with Barton Aschman for Casperson Park Phase I design plan; and 7k, lease agreement with Robert. Berres for farming of Aronson .Park property. 91.41 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 March .7th Planning Commission, March 6th Parks & Recreation Committee and March 5th.. Natural Resources Committee meetings. c. Approve contract amendment with Dakota Pet Hospital d. Final acceptance of street improvements in Lake Villa Golf Estates 4th Addition. e. (Removed from Consent Agenda}. f. Approve Resolution No. 91-26 setting salaries for seasonal parks and recreation employees. g. Approve Resolution No. 91-27 designating tax forfeited parcels as conservation or non-conservation. h. .Authorize Tushie Montgomery to prepare specifications for e re-roofing the utility maintenance (NEI) building. i. Approve Resolution No. 91-28 granting approval to the Burnsville Chapter Ducks Unlimited for a raffle at • Brackett's Crossing. 4 CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 3 • j. (Removed from Consent Agenda). k. (Removed from Consent Agenda). 1. Approve Resolution No. 91-33 calling a public hearing for Mortgage Revenue Bond Program under Minnesota Statutes Chapter 462-C. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7E Councilmember Harvey .suggested provisions be added to the agreement with Friedges Landscaping for the removal of excess materials at Casperson Park that would establish the days and hours of operation to prevent noise complaints. Mr. Michaud explained that Mr. Friedges plans to work Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m., and occasionally until 7:00 p.m. The staff is recommending the hours of operation be 7:00 a.m. to 6:00. p.m. Mr. Friedges has agreed not to work on holidays and may occasionally work on weekends with prior authorization from staff. Mr. Michaud. also explained that the contract has a clause that prohibits any hauling along Juno Trail between County Road 64 and the park. 91.42- Motion -was made by .Harvey, seconded by Sindt to authorize .staff to enter into an agreement .with Friedges Landscaping for removal of excess materials associated with the Casperson Park development, with the following stipulations: 1) The hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and on weekends only with prior authorization from staff; and 2) Friedges Landscaping. shall not work in Casperson Park on Memorial Day, Fourth of July and Labor Day. Roll call. was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7J Councilmember Harvey raised a concern over inspection services described in the Barton-Aschman contract for Casperson Park. Mr. Michaud. explained that the staff felt the base contract did not provide adequate inspections to insure. proper .completion of the project. • CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 4 Mr. Erickson recommended the City Council remove Amendment "A" from the contract and adopt Contract Amendment "B" which .provides inspection services on an hourly basis at the City's discretion. Amendment "A" provides two weekly inspections (in addition to that stipulated in the base contract) at four hours each; Councilmember Harvey .felt a four-hour visit is longer than necessary. Mayor Zaun felt Amendment B would. provide the City with the flexibility to require inspections if and when needed. 91.43 Motion was made by Harvey, seconded by Sindt to approve the revised contract with Barton-Aschman for planning, design and engineering of Casperson Park, Phase I, excluding Contract Amendment "A" and adopting Contract Amendment "B". Roll call was taken on the motion. .Ayes, Mulvihill, .Harvey, Ruhmann, Zaun, Sindt. ITEM 7R Councilmember Sindt suggested. the City waive the $250 rental fee to Mr. Berres for farming of ten acres on the east side of Aronson Park in recognition of the extraordinary expenses • Mr. Herres incurred to facilitate an administrative subdivision of his .property in 1990. Mr. .Erickson explained that the City should. .have provided clearer direction to Mr. Herres on the onset of his. application for administrative subdivision, which would have saved him a significant amount of legal expense. Mr. Herres had been asked to send the City a bill for reimbursement of legal expenses, but he chose not to do so. 91.44 Motion .was made by Sindt, seconded by Harvey to approve a farm rental agreement with Robert Herres for farming. of ten acres on the east side of Aronson Park, and waive the $250 rental fee. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 8 .Mayor :Zaun opened the public hearing on .the proposed Modification. No. 2 of I-35 Redevelopment Project No. 2 and Tax Increment Financing (TIF) District No. 6 (Mills Fleet Farm); 7:53 p.m. The City Clerk .attested to proper publication of the legal notice. CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 5 Mr. Sobota presented the proposed modification, which involves. expansion of the current project boundaries to .include the .properties ..being impacted by the County Road 46 and I-35 interchange improvement. He explained that the modification also amends the TIF District No. 6 budget to allow the Fleet Farm tax increment funds to be used for the City's share of expense for the interchange project. The interchange project and frontage road improvements will provide improved access to the Mills Fleet Farm site, as well as open up adclitional areas for redevelopment. Mr. Sobota explained that this action does not create additional tax increment districts. The Planning Commission approved .the project as being consistent with the City's. comprehensive plan, and the Economic Development Commission and Housing and Redevelopment Authority recommend approval of the modification. Councilmembers pointed out that the original plan, which was adopted in 1985, refers to the Interstate Corridor District (ICD) being an overlay district that covers a portion of the expanded project area. Since the ICD no longer exists in that area, it was suggested. that the plan be amended to read that the ICD was an overlay district that covered a .portion ofthe project area. 91.45 Motion was made by Harvey, seconded by Mulvihill to close the public .hearing. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 91.46 Motion was made by Sindt, .seconded by Mulvihill to approve .Resolution No. 91-29 adopting Modification No. 2 of I-35 Redevelopment Project No. 2 and Tax Increment Financing District No. 6 (Mills Fleet Farm). Roll call was taken on the .motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEMS 9-10-11 Mr. Feller explained that with the .current low interest rates, the City has the opportunity to refinance debts. on certain callable bonds at interest rates lower than what they were originally sold for. (The proceeds from the new Yefunding bonds will be used to pay off the bonds on the old debt as they are called.) Mr. Bob Pulscher of Springsted, Inc. presented three issues which staff is recommending the City Council consider refunding: 1) 1984 General Obligation Water Revenue Bonds, originally sold at 10.1 interest and y CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 6 • refunded in 1985 at 8.67%, now. can be refunded at 6.1% interest; 2) 1985 General Obligation Improvement Bonds, originally sold at 8.79%, now can be refunded at 6.34%; and 3) 1987 General Obligation Improvement Bonds, originally sold at 8.47%, now can be refunded at 6.38%. Mr. Pulscher stated a net savings of approximately $546,755 can be expected with the .refinancing of these bond issues. If the City Council wishes to proceed, he stated, bids could be opened at Springsted's office on April 15th and placed on that evening's. Council agenda for consideration. Mr. Pulscher pointed out that this action does not obligate the City to sell these bonds if market conditions should change prior to .April 15th. Councilmember Harvey ' commended Mr. Feller and Mr. Pulscher for saving the taxpayers' dollars because of .their attention to detail in managing the finances of the City. In answer to Mayor Zaun's question, Mr. Pulscher explained that Springsted Incorporated. has joined. with Capital Guaranty Insurance Company, a municipal bond insurer, to offer a surety.. bond service to underwriters in lieu of putting up a good faith check, .which is a requirement of the bidder. The program, .called "Sure-Bid" will help garner more bids for the bond sale, since it has the potential to make it easier and less expensive for an underwriter to bid. .91.47 Mouton was made by Mulvihill, seconded by Harvey to approve Resolution No. 91-30 authorizing the issuance and gale of General Obligation Refunding Bonds, Series 1991 A, B and C. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 12 Mr. Morey presented the application of .Good Value Homes for the final plat of Homestead Creek 3rd .Addition, located north of 175th. Street and east of Ipava Avenue. The final. plat, which has been revised by the developer due to the Army Corps. of Engineers having expanded .the boundaries of the. wetland that is located in the subdivision, consists of 29 single family residential lots and three outlots. He explained that most of the lots in the original. third addition are now designated as wetland and are incorporated .into. Outlot B. The revised final .plat for Homestead Creek 3rd Addition now contains lots from what was to have been the fourth addition. The Planning Commission and Natural Resources .Committee unanimously recommended approval of the revised • final plat, grading, drainage and erosion control plans. The 5 CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 7 Parks & Recreation Committee recommended a cash contribution and accepting the donation of the outlot to the City. 91.48 .Motion was made by Sindt, seconded by Harvey to approve Resolution No. 91-31 approving the final plat of Homestead Creek 3rd Adcliti.on and amending the comprehensive plan to include .the plat into the Year 2000 Urban Service Area. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 13 Mr. Morey presented the request of International Chemtex for an amendment to the conditional use permit for expansion of their business in Airlake Industrial Park. Mr. Morey explained that since City Council approval of the conditional use permit to allow a loading dock on the street side of their. corner lot building, a fairly significant number of deviations from the approved site plan occurred. during. construction. (Chemtex officials were apparently unaware of the implications of deviating from the approved. conditional use .permit.) The following is a summary of those deviations along with staff, Planning Commission and applicant responses to them: 1) A loading. dock, which was not shown on the original site plan, was installed on the north side of the builcling expansion to temporarily store recyclable containers during construction. The loading dock occupies three plus parking spaces; and to counteract the loss of these parking. spaces, the applicant striped parking .spaces smaller than allowed by zoning ordinance requirements. The revised site plan .shows six. parking spaces striped to zoning. ordinance requirements, as well as a parking space in the turning radius at the northeast corner of .the site. (This area was originally designated as green space.) 2) The loading dock on the north side of the building also caused the elimination of a green space area and the widening of the driveway entrance off of Hemlock Avenue to 68 feet.. The staff and Planning .Commission have recommended that the driveway be reduced to 50 feet, .which was approved with the .original conditional use permit, and that. additional trees be planted and grass be installed in the proposed green space area in the northwest corner of the site. 3) Chemtex extended the paved area 15 feet south of the west loacling door. This area was .originally designated as .future. parking. Staff recommended three parking spaces be provided CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 8 in the area to make up for the three spaces lost due to the installation of the loading dock. In addition, the applicant plans to install a conifer tree inthis area. 4) The revised site plan shows 12 future parking spaces along the south side of the building, where nine spaces were previously designated. These additional spaces are shown to bring the proposed parking for the site into conformance with zoning ordinance requirements and the. originally approved site plan. Councilmember Sindt asked if the proposed conifer tree will interfere with the line of vision for traffic; and the staff felt it would not cause a vision problem at that location. Councilmember Mulvihill voiced her concerns with the applicant asking for an amendment when the requirements of the originally approved conditional use permit were not adhered to. Councilmember Harvey asked staff to indicate whether stipulations No. 7, 8 and 9 of the .original conditional use permit would still apply if the amendment is approved. Mr. Erickson explained that the amended conditional use permit would augment conditional use permit No. 90-12 currently recorded against the property, and the conditions which are not .being amended are still applicable. The conditions regarding trash enclosures. and storage. of materials are being addressed by the applicant and monitored by staff. The applicant is interested in purchasing the property immediately north of the Chemtex property, but has not had much cooperation from the property owners. Mr. Gary Glenna of International Chemtex explained how the .deviations. occurred and apologized for them. He asked the Council to consider the conditional use permit amendments. Councilmember Ruhmann asked if the possibility exists that the. 12 future parking spaces on the south side of .the building would not be needed,. thus preserving the existing landscaping in that area. Mr. Glenna. stated he doubts the southern parking area. would be needed in the. near future. He stated the company is very concerned with protecting the aesthetics and hopes to acquire the property to the north so that the southern area can remain as is. 91.49. Motion was made by Harvey, seconded by Mulvihill to adopt the findings of fact and approve the Amendment to Conditional Use Permit No. 90-12 for International Chemtex. CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1991 PAGE 9 Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 14 Mr. .Erickson presented a resolution opposing the .proposed bakota and Dakota-Scott new airport search areas and supporting the current improvement and expansion of the Minneapolis/St. Paul airport. The resolution identifies the dual track process, with one track focusing on a new. airport. option, and the second track focusing on possible ways to improve the capacity of the current airport to met the needs of air traffic to the year 2020. Mr. Erickson explained that the current airport is a major employer for Lakeville and the surrounding area, so any change in airport location would effect the economic health of the region. Replacing the existing Minneapolis-St. Paul Airport with a new airport at the Dakota County site would severely impact comprehensive land use plans. The recently-completed survey by Decision Resources, Inca indicated that the citizens of Lakeville, by a 77 percent to 16 percent margin, support maintaining and expanding the airport at its present site over building a new one. The resolution urges the Metropolitan Council and Metropolitan Airports Commission to focus on retaining the present airport location. 91.50 Motion .was made by Harvey, seconded by Mulvihill to .approve Resolution No. 91-32 opposing the proposed Dakota and Dakota-Scott candidate search areas and supporting the .current improvement and expansion of the Minneapolis-St. Paul airport. Rol]. call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 15 Mr. Erickson provided a brief overview of agenda items for an upcoming Council work session, including review of the Antlers Park lagoon recommendation, to be held on April 10th or -11th. (Staff will notify the press of the exact date when that is determined.) In light of Mr. LaBoone's comments earlier in the meeting, Mr. Erickson recommended not placing the lagoon recommendation on the work session agenda until after the City Attorney has had an opportunity to research Mr. LaBoone's claim. CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, .1991 PAGE 10 • UNFIlIISHED BUSINESS The recommendation from the Natural Resources Committee regarding establishment of an Environmental Affairs Committee is forthcoming. NEW BUSINESS Councilmember Sindt suggested a letter be sent to Representatives Jim Ramstad and Gerry Sikorski outlining problems the City faces with current cable television regulations. 91.51. Motion was made by Sindt, seconded by Harvey to authorize a letter be sent to Representatives Ramstad and Sikorski outlining problems local .governments face .with current cable. television regulations and urging Congress to enact legislation granting local governments the authority to deal with these problems. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS Next Regular Council Meeting, April 1, 1991. Mayor Zaun adjourned the meeting at 9:10 p.m. Respectfully submitted, Charlene Friedges, City. erk Du ne Zaun, Ma or