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HomeMy WebLinkAbout03-19-90 CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 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, Mulvihill, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Feller, Finance Director; S. Michaud,. Parks & Recreation Director; A. Brixius, Consulting Planner; B. Christensen, Fire Chief; C. Friedges, City Clerk. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Bob Erickson explained to the Council that as a result of the Council agenda being prepared before the March .15th Planning Commission meeting, agenda item No. 8 reads "28 lots" and now should be changed to "26 lots". He also stated that a new. resolution was handed out for agenda item No. 13 with an addition to Section 6a which incorporates the `City's standard .provision regarding advisory committee attendance. PARKS & RECREATION DIRECTOR: Steve Michaud .gave a brief. overview of the February Parks & Recreation monthly report. CHIEF OF POLICE: Don Gudmundson gave a brief overview of the February Police Department monthly report. FIRE CHIEF: Barry Christensen presented the 1989 annual report of the Lakeville Fire Department. Councilmember Harvey pointed out that with the exception of the suspected arson fire on 160th Street, fire loss for the year was at the .lowest level in recent years. The Fire Chief indicated that recruitment of .new members i.s going well, with the addition of 11 new members .and 12 additional applicants being placed on a standby list. CITIZEN COMIYIENTS Dr. Anne Krake introduced herself as owner. of Dakota Pet Hospital, .and stated that she will be providing. boarding and veterinary services to the City of Lakeville. Mayor Zaun . indicated that a contract with Dakota Pet Hospital will be considered by the Council later in the meeting. rs CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 2 i INTRODIICTIONS/PROCLAMATIONS Dennis Feller introduced Administrative Intern, Ed Werner. He outlined some of the projects that Mr. Werner will be working on during his internship with the City. Students from Lakeville High School and McGuire Jr. High School spoke about the upcoming Health Fair at McGuire Jr. High, where students will have the opportunity to test their height, .weight, cholesterol, blood .pressure, etc. Mayor Zaun asked the Council to consider proclaiming the week of April 1-7, 1990 as Health Awareness Week. 90.65 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 90-26 proclaiming the week of April 1-7, 1990, as Health Awareness Week. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. Mayor Zaun presented the proclamation to the students. CONSENT AGENDA • Councilmembers ..removed consent agenda items 7a, March 5th Council minutes;. 7j, ..service contract with Dakota Pet Hospital; 7k, authorize city auction; 71, contract .with auctioneer for. city auction. The Council then added item 10, receive bids for equipment/vehicles and award contracts; and item 13, Cable TV Board resolution. 90.66 Motion was made by Harvey, seconded by Sindt to approve the modified .consent agenda items as follows: b. Approve claims for payment. c. Receive minutes of advisory committee meetings: Planning Commission, March 1, 1990 Parks & Recreation/Natural Resources Committees Joint Meeting, March 6, 1990 Cable TV Board, March 1, 1990 d. Approve change order number 29 for city hall. e. Approve application from St. Michael's Catholic Church to hold a gambling. event at the Chart House on May 7, 1990. f. Approve gambling license renewal application from . Lakeville VFW Post 210 for pull tabs. CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 3 g. Final acceptance of utilities and street construction, Meadows 8th Addition. h. Receive bids for landscape services contract for various public building sites, (Fire Stations #1, #2 and #3, Police Station, City Hall and Liquor Store #3), award contract to low bidder, Oster Enterprises, and authorize Mayor and Clerk to enter into agreement with Oster Enterprises. i. Set a Council Work Session for Monday, March 26, 1990, at 7:00 p.m. at the Council Chambers, 20195 .Holyoke Avenue. j. (Removed from Consent Agenda). k. (Removed from Consent Agenda).. 1. (Removed from Consent Agenda). m. Approve revised Adoption Agreement with Security Life Insurance Company, dba SAFE Benefits. n. Receive feasibility report from OSM for .sanitary sewer, • water and street improvements to Judicial Road from 168th Street to 175th Street, Improvement Project 89-9, and approve resolution calling public hearing for April 16, 1990, at 7:00 p.m. at the Council Chambers, 20195 Holyoke Avenue. 10. Receive bids for equipment and vehicles and .approve Resolution No. 90-28 awarding contracts to the low bidders. 13. Approve Resolution No. 90-30 amending and restating Resolution No. 82-32 concerning .the Cable TV Board, incorporating School District No. 192 membership. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey,. Ruhmann. ITEM 7A Councilmember Sindt explained that in her motion 90.53 of the March 5th council meeting, she -had requested the City staff to forward a letter to the ALF Ambulance personnel expressing the City's appreciation .for their excellent service. Staff will make that correction to motion 90.53 in the March 5th minutes. CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 4 • 90.67 Motion was made by Harvey, seconded by Sindt to approve the. minutes of the March 5, 1990, council meeting with the correction as stated above. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. ITEM 7J Councilmember Mulvihill asked Dr. Krake i.f .there is a holding facility for animals in the Dakota Pet Hospital, and Dr. Krake indicated there is an isolation area. Councilmember Mulvihill asked City staff >f there would be any special provisions for persons who cannot afford to retrieve their dogs from the pound. The City Administrator .explained. that the City has made arrangements in the past with dog owners to pay the fees over a specific time period, but the .results have been poor. Mayor. Zaun suggested that some civic organizations may be able to help out in the case of extreme hardship. Councilmember Ruhmann .asked if the City is planning to implement an animal adoption program, and staff indicated not • at .this time. Dr. Krake pointed out that i:n her contract with the City, she would assume the responsibility of placing unclaimed animals with organizations such as Last Hope. Counci.lmembers pointed out a typographical error in the contract with Dakota Pet Hospital on page 1, Section 3, and an error on page 5, Section 19D. Staff will make those corrections. 90.68 Motion was made by Harvey, seconded by Mulvihill to approve the contract with Dakota Pet Hospital as the City poundkeeper, with the typographical error being corrected in Section 3 and appropriate corrections made to Section 19D. Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. ITEM 7R Councilmember Sindt asked the staff if the auction is going to be financially worth the City~s time and effort, and staff indicated that it is, since they expect to receive approximately $3,000 from the sale of miscellaneous equipment to be auctioned. This would not include the 12 vehicles that are going to be sold by sealed bids. CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 5 • 90.69 Motion was made by Sindt, seconded by Mulvihill to authorize a City auction to be held on April 28, 1990, and approve the list of City equipment to be auctioned. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill, Sindt. 90.70 Motion was made by Sindt, seconded by Mulvihill to approve a contract with Earl Schlegl, auctioneer for the City auction. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM 8 Alan Brixius presented the background on the .proposed preliminary plat by Eva Development, Inc. known as Lake Villa Golf Estates 6th Addition. He stated that the proposed subdivision proposes to replat existing plats that are nonconforming under today's current ordinance standards with regard to lot area, lot width, street right-of-way width and compatibility with topography and other natural characteristics. Mr. Brixius went on to explain that the first submission by the developer consisted of 28 single family lots. As a result of the Planning Commission's January 4th public hearing, the developer agreed to the combination of Lots 1 and 2, Block 1 to provide access to the Skogstad property. The neighborhood group also suggested the elimination of four lots in the subdivision, two lots in Block 2 and two lots in Block 3. Throughout discussions with .Planning Commissioners, the two lots in Block. 3 were deemed to be acceptable, provided the building pads on Lot 1 and 2 did not .interfere with .the drainage pond design. The developer agreed to reduce the number of lots in Block 2 by one lot. The area and width of the lost lot would be distributed among lots 1 through 11 of Block 2. The plat revision would increase the average lot. area in Block 2 to 16,700 square feet and average lot width to 130 feet .for the eleven affected lots. Mr. Brixius went on to explain that two additional alterations to the plat were suggested by the- developer and recommended by City staff in an effort to improve the property ownership patterns in the area. The first alteration is to add a portion of the Skogstad property to Lot 4, Block 1. The second alteration involves the land trade of property Mr. Simonson owns west of the plate - four lots owned by the DNR, which would be incorporated into this plat. The DNR is interested in the land trade so they can CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 6 • ~ gain access to the outflow area from the Brackett s development. Grading .and tree preservation concerns were also raised at the public hearing. As a result of these concerns, the .developer hired the Kunde Company, who surveyed .and physically marked and inventoried the highest quality trees. The lot lines were then moved to adequately protect those trees. As a result of the Kunde Company forestry plan, only eight of the 26 proposed lots would be mass graded. The remaining lots will be custom graded to preserve trees. City staff has recommended that the developer post a letter of credit for $1,000 per custom graded lot to insure that the custom graded lots are prepared in a manner that is consistent with the. tree. preservation plan. This. security will be transferred to the property purchaser or builder prior to issuance of a building permit. Concerns were also raised at the public hearing regarding storm water drainage impacts, both on-site and down stream. The City Engineer's report of March 5, 1990 (on file in the City Clerk's office) .addresses drainage issues in .Lake Villa Golf Estates. 6th .Addition. The report indicates that -from an environmental standpoint, the wetland located south of the proposed plat would provide treatment to runoff from 27 acres of development without any direct discharge to Orchard Lake, except under extreme circumstances. The Engineer's March 7, .1990 report (on file in the City Clerk's office) addresses a final pond design for the wetland located north of Kettering. Trail. The report indicates that there will be no long term standing water above the outlet elevation which would endanger trees. The City Engineer referenced a letter he wrote on March 12, 1990 (on file in the City Clerk's office) in response to concerns raised by Mrs. Marilyn Larson regarding drainage off site to DNR Wetland 387W. Mr. Nelson's letter indicated there would be no significant increase in .high water levels to this wetland due to the time leg of runoff from this development versus runoff from upstream watershed areas. In closing, Mr. Brixius stated that the density of the proposed subdivision is compatible. with the neighboring lots, and the Planning Commission and staff recommend approval of the revised 26 lot preliminary plat. The mayor and council members commended the developer, residents and staff for compromising .and working together to address the concerns that were raised. The unique result of this compromise is a development that. meets everyone's best CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 7 interest. The process should set a standard in the City for future plats in environmentally sensitive areas. Mr. Dennis Gillespie of Kodiak Court expressed his appreciation to City staff, Planning Commission and City Council members for their cooperation in making this .issue a win-win situation. Mrs. Vicki Bakken, 11900 175th Street - stated that she would like to see the proposed lot lines .for their property removed from the developer's preliminary plat exhibit. Jim Robinette stated the staff is recommending approval of the plan. as presented to, and approved by, the Planning Commission at their March 15th meeting. Alan explained that adequate width. is provided for future subdivision. of, and access to, the Bakken property. Mrs. Bakken asked the City Engineer to explain the assessment policy .for this plat. Mr. Nelson explained that he has not yet received cost estimates from the developer's engineer. He further explained that the developer has :thee option of petitioning the City to put in public improvements, for which the property owners would be assessed a portion of the costs, • or .the developer could choose to construct the improvements privately and finance. them 100 In the case of developer installed improvements, the City could, however, impose a connection charge for sanitary sewer, storm sewer and watermain. He explained that final cost estimates would be included in the development contract at the time of final plat approval. Mr. Larry Bakken, 175th Street, asked how Outlot C would be developed. Mr. Erickson stated that the City has taken. the position to leave it an outlot due to extreme topography, as it cannot be developed until unique house plans are prepared or the lot is graded in conjunction with the Bakken property. 90.71 Motion was made by Harvey, seconded by Mulvihill to approve the application of Eva Development, Inc. for a preliminary plat of 26 single family lots to be known as Lake Villa Golf Estates 6th Addition, subject to the provisions of the planning reports of 2/21/90 and 3/12/90, the. Kunde Company forestry plan dated 2/1/90, the City Engineer's reports dated 2/8/90 and a letter from Tom Simonsen on behalf of Eva Development dated 3/8/90. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. • I'-y CITY OF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 8 • ITEM 9 The Orchard Lake Estates 1st Addition, Lyndale Lakes Club 2nd Addition and Club. Park Addition No. 1 contain old platted right of ways that were never improved. Since they area substandard in right of way width and do not blend. with existing topography and wetlands, they need to be vacated to complete the platting process for Lake Villa Golf Estates 6th Addition. 90.72 Motion. was made by Sindt, seconded by Ruhmann to approve Resolution No. 90-28 vacating existing right of ways located in Orchard Lake Estates 1st Addition, Lyndale Lakes Club 2nd Addition and Club Park Addition No. 1. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. ITEM 11 Steve Michaud presented the request of the South Suburban Off :.Road Riders to conduct a mountain bike race at Ritter Farm . Park in conjunction with the 1990 Pan-O-Frog celebration. He explained that the group held the same event in 1989, and the . staff experienced no problems as a result. He did state, however, that in the event of heavy rains several days before the scheduled event, the group would not be allowed to use the park, as potential erosion problems could occur. Councilmember Sindt asked if a written agreement would be drawn up between the City and the Off Road Riders, and Steve explained that a standard park use agreement would be utilized for this event. Ms. Joyce Hanson asked who would be responsible for clean up of Ritter Park after the bike race. Steve explained that this type of race does not typically draw a crowd of spectators. The park use contract states that the park must be left in the same condition as it was before the event,. and a damage deposit is collected by the City. He further stated that the City's park rangers will be on site during the event. .90.73 Motion was made by Harvey, seconded by Sindt to approve the request of South Suburban Off Road Riders to conduct a Mountain. Bike Race at Ritter Farm Park in conjunction. with the 1990 Pan-O-Frog celebration, with the provision that the Parks & Recreation Director could cancel the event if extremely wet conditions exist. from a heavy. rainfall within • 24 hours of the event. "r CITY QF LAKEVILLE COUNCIL MEETING MARCH 19, 1990 PAGE 9 • Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. ITEM 12 .Police Chief Don Gudmundson introduced Mr. David Edwards of Lakeville Super 8, who is requesting Council approval to expand their current liquor license to include the sale of alcohol in hotel rooms by means of room service. The Chief provided a clarification of the City's ordinance to the Council and Mr. Edwards, pointing out that room service alcohol sales would be incidental to availability of food through room service. 90.74 Motion was made by Sindt, seconded by Harvey to honor the request of Lakeville Super 8 to expand their current liquor license to include the sale of alcohol in hotel rooms by means of room service, with the stipulation that room service alcohol sales be incidental to availability of food through room service. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill, Sindt. • ITEM 14 Police Chief Don' Gudmundson presented a proposed ordinance which would amend Title 5, Chapter 1 of the City Code concerning animals. He explained that changes have been made to comply with current Minnesota statutes. He stated that the staff anticipates additional changes as the. animal control program develops. Councilmember Sindt pointed out that Section 5-1-17(B) refers to guide dogs accompanying a blind person and suggested the wording "or disabled" be .added. A citizen in the audience asked if .the City has considered animal control services for wild animals, such as .fox or deer. Mr. Erickson explained that the City Council has .identified the need to make a change in animal control services from a contractual to an in-house service. This has been .viewed in the context of agricultural and wild animals. While the City 'has been dependent on the Department of Natural Resources for wild animal control, the in-house animal control. officer will be able to respond in a more timely manner. CITY OF LAKEVILLE COUNCIL MEETING. MARCH 19, 1990 PAGE 10 r 90.75 Motion was made by Ruhmann, seconded by Mulvihill to ado t p Ordinance No. 406 amending Title 5, Chapter 1 of the Lakeville City Code concerning animals. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. OTIiER BIISINESS Bob Erickson informed the City Council that the City of Apple Valley will be discussing the DEIS at a work session on March 29th. A final decision on the DEIS is expected to be made on April. 12th. 90.76 Motion was made by Harvey, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. Time: 8:50 p.m. Respectfully submitted, Charlene Friedges, City lark Du ne .Zaun, Ma o