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CITY OF LAKEVILLE COUNCIL. MEETING
NOVEMBER 5,1990
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; D. Gudmundson, Chief of Police; S. Michaud, Parks
and Recreation Director; A. Brixius, Planning Consultant;
Mira Holliday, Recording Secretary.
MINOTES
Councilmember Sindt abstained from comment on approval of
the October 15, 1990, Council meeting minutes due to her
absence from that meeting. The minutes of the October. 15,
1990 City Council meeting were approved as printed.
STAFF ANNOIJNCENffi~1TS
Attorney:. Roger Knutson distributed revised by-laws for the
Lakeville Fire Department Relief Association, agenda item
No. 13, -and a resolution approving the by-laws.
Engineer: Keith Nelson requested that item No. 7i,
resolution awarding contract for Improvement Project. 90-1,
be removed from the Consent Agenda and tabled until the
November 19, 1990 Council meeting.
Administrator: Bob Erickson distributed a corrected Exhibit
A for the Jerry and Martha Erickson setback variance, .Item
#12.
PRESENTATIONS/INTRODUCTIONS
.Mayor Zaun welcomed ten Boy Scouts who were present in the
audience to observe tha meeting as part of their criteria
for earning a merit badge.
Mayor Zaun recognized. Red Ribbon Poster Contest winners from
Crystal Lake Elementary, Lake Marion Elementary, Orchard
Lake Elementary, J.F.K. Elementary, Huddleston Elementary,
All Saints School, McGuire Junior High, .and Lakeville Senior
High. Assisting in the presentations were Police Chief
Gudmundson, Police: Officer Janet Nelson, Barb Olson, Drug
Education Coordinator for School District 194 and Carl
Wahlstrom, Superintendent of Sehoal District 194. A total
• of 40 presentations were made, and each winning poster was
displayed.
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
PAGE 2
e
A service award was presented to Richard Rose for his years
of service as a member of the Natural Resources Committee.
A recording of the Star City Video Awards Ceremony was
shown. Council members congratulated Jim Robinette and
Chris Oace on their accomplishment.
Ms. Karen Seeling, representing the Lakeville Education
Association,. made a brief presentation concerning American
Education Week. Mayor Zaun read the proclamation naming
November 11-17, 1990, American Education Week.
90.274 Motion was made by Sindt, seconded by Mulvihill to proclaim
November 11-17, 1990 American Education Week.
Roll call was taken on the motion. Ayes: Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
Bob Erickson introduced Michael Sobota, newly appointed
Community and Economic Development Director. Mr. Sobota
addressed the Council, and stated he enjoys being a part of
the community and City administration.
• CITIZENS COI~IIKSNTS
Robert Clark of 205th Street expressed his concern over oil
spats which have appeared on 205th Street after the recent
seal coating. He presented a sample of the oil/blacktop
.substance. He stated he did not understand why he should. be
charged for the seal coating. Mayor Zaun suggested this
matter be discussed under .new business.
CONSENT AGENDA
Councilmembers removed Item 7i, resolution awarding .contract.
for Improvement Project 90-1, from the consent agenda and
added Item 13, resolution approving the Lakeville Fire
Department Relief Association bylaws, and Item 14,
resolution establishing the retirement benefit for volunteer
firefighters in the Lakeville Fire Department Relief
Association, to the consent agenda.
90.275 Motion was made by Harvey, seconded by Sndt to approve the
modified consent agenda as _follows:
a. Approve claims for payment.
b. Receive advisory committee meeting minutes:
• October 18th Planning Commission
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
PAGE 3
r t e 7t Pa ks & ecreation Committee
Oc ob r 1 h r R
October 16th Natural Resources Committee
October 16th Gable TV Board
c. Approve extension of Conditional Use Permit No. 90-05
for Independent School District 194 from April 16, 1993
to August 16, 1993.
d. Receive application from Prieto Hospitality, dba Super 8
Lakeville, for an on-sale and Sunday liquor license and
call a public hearing for December 3, 1990.
e. Receive the resignation of Dick Jacobson from the Cable
TV Board.
f. Adopt ordinance No. 423 amending Title 5 of the City
Code concerning the impoundment of dogs; and approve
amendment to the contract with. Dakota Pet Hospital.
g. Approve Resolution No. 90-129 requesting reimbursement
of Municipal State Aid Roadway Funds from .1990 and 1991
allotments for Flagstaff Avenue, Improvement Project
88-19.
. h. Approve an easement agreement with Welsh Lakeville
Limited Partnership for drainage and utility easements
near Southfork Center III.
i. (This item removed from Consent Agenda.)
j. Approve the purchase of a telephone system for the
public works building at .21400 Hamburg Avenue.
k. Approve findings of fact and decision for denial of a
building setback .variance from the ordinary high water
mark of Lee Lake.
1. Approve construction agreements with Brian K. Seeman .and
Jacquelyn McDougall Seeman, Steven Anthony and ,Beth.
Marie Skauds, and David C. and Jane B. Truehart for
Improvement Project 89-9, Judicial Road.
m. :Approve Joint Powers Agreement for the Black Dog
Watershed Management Commission.
n. Approve amendment to the Vermillion River Watershed
.Management Organization Joint Powers. Agreement.
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
PAGE 4
o. Approve Standard Operating Procedures Manual for the
Liquor Stores.
p. Approve Resolution No. 90-130 calling a public
hearing on proposed assessments fear weed removal.
q. Approve Resolution No. 90-131 authorizing acquisition
of temporary and permanent easements for public
roadway, utility, drainage and pondng purposes in
connection with Improvement Project 89-9, Judicial
Road.
r. Approve settlement agreement with. George Warweg for
Inds Way, Improvement Froject 85-10.
s. Authorize George M. Hansen Company to perform the
1990 audit for the City.
13. Approve Resolution No. 90-134 approving. the Lakeville
Fire Department Relief Association By-laws as
amended.
14. Approve Resolution No. 90-135 establishing the
retirement benefit for volunteer firefighters in the
Lakeville Fire Department Relief Association.
Roll call was taken on the motion.. Ayes: Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
ITEZ[+II 7I
90.276 Motion was made by Ruhmann, seconded by Mulvihill to
table award of contract for Improvement Project 90-1,
205th Street and Hollins Avenue, until staff receives a
permit from the Department of Natural Resources.
Roll call was taken on the motion. Ayes: Sndt,
Mulvihill, Harvey, Ruhmann, Zaun.
ITEMS 8-9-10
Bob Pulscher of Springsted, Inc. presented the bid
results from. the sale of $2,900,OQ0 General Obligation
Improvement Bonds, Series 1990A, and $535,000 General
Obligation Municipal Building Refunding Bonds, Series
1990C. He recommended the Council authorize the sale of
these bonds.
90.277 Motion was made by Harvey, secpnded by Mulvihill. to
approve Resolution No. 90-132 authorizing the sale of
$2,900,000 General Obligation Improvement Bonds, Series
1990A.
Roll call was taken on the. motion. Ayes: Mulvihill,
Harvey, Ruhmann, Zaun, Sndt.
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
.PAGE 5
90.278 Motion was made by Sindt, seconded by Harvey to cancel
the sale. of $695,000 General Obligation Improvement
Refunding Bonds,. Series 1990B.
Roll call was taken on the motion. Ayes: Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
90.279 Motion was made by Harvey, seconded. by Ruhmann to approve
Resolution No. 90-133 authorizing the sale. of $535,000
General Obligation Municipal Building Refunding Bonds,
Series 19900.
Roll call was taken on the motion. Ayes: Ruhmann, Zaun,
Sindt, Mulvihill, Harvey..
ITEM 11
Alan Brixius presented an overview of the application of
William Clifford for a conditional use permit to allow the
construction of a second accessory building and to allow the
floor area of the combined accessary buildings and garages.
to exceed 2,000 square feet at 12295 205th Street West. He
recommended approval of the request subject to three
recommendations listed in the planning report of October 9,
1990. He stated the Planning Commission held a public
hearing on the matter at their October 18, 1990 meeting .and
unanimously recommended approval '
Councilmember Harvey questioned the need for a conditional
use permit for an accessory building on a hobby farm. Mr.
Brixus explained that the horses to be kept in the
accessory building will be used for recreational, rather
than agricultural, purposes.
90.280 Motion was made by Sindt, seconded by Harvey to receive the
Planning Commission's findings of fact and approve a
conditional use permit for William Clifford to allow the
construction of a second accessory building and to allow the
floor area of the combined accessory buildings and garages
to exceed 2,000 square feet at 12295-205th Street West.
Roll call was taken on the motion. Ayes: Zaun, Sindt,
Mulvihl , Harvey, .Ruhmann.
ITEIYI 12
Alan Brixius provided an overview of the application of
Jerry and Martha Erickson for a side yard setback variance
to allow the construction of a new single family residential
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
PAGE 6
dwelling located at Jersey Avenue and Java Path. He stated
that a public hearing had been held by the Planning
Commission at their October 18, 1990 meeting and they
unanimously recommended approval. Mr. Brixius recommended
approval of the variance subject to five recommendations
listed in the planning report of actober 9, 1990.
90.281 Motion was made by Mulvihill, seconded by Ruhmann to receive
the Planning Commissions findings of fact and approve a
side yard setback variance for the Jerry and Martha Erickson
property abutting Lake Marion to allow the construction of a
new single family residential dwelling located at Jersey
Avenue and Java Path.
Roil call was taken on the motion.. Ayes; Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
ITEI~i 15
Bob Erickson discussed the possible acquisition of a 40 acre
community park located in the northeast sector of the City.
He stated that in addition to equalizing the balance of
community parks within Lakeville, the proposed northeast
sector park would serve one of Lakevlle's largest and
fastest growing areas. He stated that a suggested time line
for the acqui tion would be June 1, 1991. He discussed
available funding for the acquisition.
Councilmember Sindt expressed her concern over the high
density traffic on Pilot Knob Road. She suggested the
possibility of the acquisition of property, if available, on
the western side.
Councilmember Harvey stated he felt the timing was right for
the acquisition, as land prices are increasing.
Councilmember Ruhmann stated he felt this proposal was. an
indication that the City is looking well into .the future
and, there will eventually be residents living on the
eastern side of Pilot Knob Road.
Steve Michaud described the criteria used in locating park
property. He stated pedestrian and bike crossings will be
installed on Pilot Knob Road.
90.282 Motion was made by Mulvihill, seconded by Harvey, to
authorize staff to pursue the acquisition of 40 acres of
property for a community park in the northeast sector of the
City, specifically within one-half mile of the identified
search area.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
PAGE 7
Roll call was taken on the motion. Ayes: Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
Bob Erickson continued his presentation of the proposal to
acquire additional park property. He gave an overview of a
previous development proposal (Lakeview Manor), and
subsequent down zoning He stated the City is currently
involved in a lawsuit by the developer who felt he had been
treated unfairly. He stated that the City has the
opportunity to purchase 10 acres. He stated that based on
the negotiations and discussion in recent. weeks, he feels
the acquisition of this property is timely.
90.283 Motion was made by Mulvihill, seconded by Ruhmann to approve
a settlement agreement with Goff Homes, which will enable
the City to acquire the l0 acre parcel for park purposes.
Roll call was taken on the motion. Ayes: Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
.UNFINISHED BUSINESS
Couneilmember Sindt felt the issue raised by Mr. Clark under
. citizens comments should be addressed at this time... She
questioned if Mr. Clark had paid the assessment to his
property. Mr. Erickson indicated that it had been paid in
full and explained that the oil material Mr. Clark is
referring to was not caused by the sealcoating contractor
and appeared long after the sealcoating project was
completed.
Mayor Zaun indicated he would respond to Mr. Clark in
writing on behalf of the City Council.
NEW BIISINESS None.
ANNOUNCEIKENTS Next Regular Council Meeting, November 19,
1990; Budget Work Session, November 14, 1990.
Mayor Zaun adjourned the meeting. at 9:05 p.m,
Respectfully submitted,
Mira Holliday, Recording Se re ary
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 5, 1990
PAGE 8
Du ne Zaun, M y r
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