Loading...
HomeMy WebLinkAbout01-16-90 4 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 Mayor Zaun introduced the Honorable Judge Gerald W. Kalina, who administered the oath of office to Councilmember Lynette Mulvihill. The meeting was called to order by Mayor Zaun at 7:05 p.m. 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; D. Gudmundson, Chief of Police; S. Michaud, Parks & Recreation Director; D. Feller, Finance Director; J. Potz, Engineerincj Project Coordinator; D. Morey; Assistant Community Development Director; J. Hennen, Planning Assistant; C. Friedges, City Clerk. STAFF ANNOUNCEMENTS: Attorney: Roger Knutson stated he had distributed copies of the findings of fact for Agenda item #10 to the Council for their consideration. Engineer: None Administrator: Bob Erickson indicated that staff requests the Council to place three items. under Other Business: A) Settlement and release of claims with Donohue & Associates for insulation of watermain in project 87-14; B) Settlement and release of claims with Donohue & Associates for sedimentation basin at Casperson Park boat launch; C) Release and receipt of files from Donohue & Associates. Chief of Police: Don Gudmundson presented the December police report and stated that year end statistics will appear in the annual report to be presented at a later date.. Parks & Recreation Director: Steve Michaud presented a monthly report of activities in the Parks and Recreation Department and highlighted some of the accomplishments of Park Maintenance, Recreation and Senior Citizen activities during the month of December. Councilmember Harvey requested the Park Director provide a brief financial report after each program in the upcoming monthly reports. Councilmember Sindt asked that the number of participants in each program also be provided. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 PAGE 2 CITIZEN COMMENTS: Mr. Walter Sternberg, Klamath Trail, expressed concern over the City taking over County Road 44 and questioned the City's purchase of lots 1 and 2, block 26, Orchard Lake Addition. Bob. Erickson gave Mr. Sternberg an update on the County Road 44 issue and stated the City has no intention to take over the -road because of poor soil conditions and improper width. He .further stated that if and when Dakota County approaches the City with a proposal that is in the City's best interest, the turnback could be considered. He added that the City's street department will pave the shoulders of County Road 44 during the 1990 construction season in an effort to improve pedestrian safety. Mr. Erickson also infarrned Mr. Sternberg that Lots 1 and 2, Block 26 of Orchard Lake Addition were donated to the City, and the City was responsible for paying the special assessments on the land. He told Mr. Sternberg that the City decided to accept the land for trail purposes and environmental preservation. • PRESENTATIONS/RECOGNITIONS: None. CONSENT AGENDA: The Council removed consent agenda items 7f, storm sewer charges; 7h, purchase of a one million dollar umbrella insurance policy; 7m, emergency operations plan; .and 70, garbage, rubbish, recyclable material license for Waste Management. The Council added Other Business items 14 a, b and c, as presented by the city administrator, to the consent agenda.. 90.13 Motion was made by Harvey, seconded by Ruhmann to approve the .amended consent agenda and items as follows: a. Approve minutes of January 2, 1990, council meeting. b. Approve claims for payment. c. Receive advisory. committee meeting minutes Planning Commission, January 4, 1990 Park & Recreation Committee, January 3, 1990 d. Orchard Lake Hills; final acceptance of utility and street improvements. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 PAGE 3 e. Rolling Oaks South "Outlot A", Rademacher Addition; final acceptance of utility construction. f. (This item removed from consent agenda.) g. Re-approve Joint. Powers Agreement; South Metro Task. Force. h. (This item removed from consent agenda.) i. Approve employment agreement with City Administrator. j. Approve change orders No. 21-28 for city hall. k. Resolution No. 90-03 authorizing car allowances for designated department directors. 1. Cedar/Dodd Comprehensive Plan Change;. authorize submission to Metropolitan Council. m. (This item removed from consent agenda.) n. Approve Joint Powers Agreement with. Dakota County concerning solid waste. o. (This item removed from consent agenda.) 14a. Approve settlement and release of claims with Donohue & Associates for insulation of a watermain installed along Orchard Trail, Improvement Project 87-14. 14b. Approve settlement and release of claims with Donohue & Associates for sedimentation basin at Casperson Park boat launch. 14c. Approve release and receipt of files from Donohue & Associates. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM 7f. 90.14 Motion was made by Harvey, seconded by Sindt to table consideration of establishing storm sewer charges for 1990 until the February 5th council meeting to allow the Economic Development Commission an opportunity to review the proposal. Roll call was taken on the motion. Ayes, Zaun, Mulvihill,. Sindt, Harvey, Ruhmann. • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 • PAGE 4 ITEM 7h. The City's insurance agents, Vic Kohlnhofer and Brian Lundquist, along with Dennis Feller, Finance Director, were present and recommended the purchase of a one million dollar umbrella insurance policy without the waiver of statutory liability limit. The City Attorney concurred with the recommendation. 90.15 Motion was made by Ruhmann, seconded by Harvey to purchase a one million dollar umbrella insurance policy without the waiver of statutory liability limit. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. ITEM 7m. Councilmembers pointed out an omission and some corrections needed in the Emergency Operations Plan on Pages 19, 25 and 27. The Chief of Police stated these corrections will be made. 90.16 Motion was made by Ruhmann, seconded by Sindt to approve the • Emergency Operations Plan for the City, with Fairview Ridges Hospital added to Page 19, and typographical errors corrected on pages 25 and 27. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. ITEM 70. 90.17 Motion was .made by Sindt, seconded by Harvey to rescind the license previously. approved for Dana's Eco Services to collect garbage, rubbish and recyclable material in the. 1990 license year. Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. 90.18 Motion was made by Ruhmann, seconded by Mulvihill to .approve the license for Waste Management of Savage to collect garbage, rubbish and recyclable material in the 1990 license year. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt. Nay,. Harvey. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 • PAGE 5 Councilmember Harvey stated he does not like to see this type of company operating in the City of Lakeville and feels the City already has an over-abundance of haulers. Councilmember Sindt recognized Mr. Mike Berkopec, General Manager for Waste Management,. who was in the audience and re-assured the Council that Waste Management intends to provide good service to Lakeville residents. ITEM #8. Daryl Morey .gave a brief introduction to the 28,000 square foot single lot subdivision known as Lake Villa Golf Estates Fifth Addition, which is part of the original preliminary plat of Lake Villa Golf Estates. He stated the Planning Commission reviewed the plat and recommended approval. .The development contract. has been signed; and since the plat is currently within the Year 2000 Urban Service Area, no comprehensive plan amendment is required. Mr, Rich Carron, 17555 Kodiak Avenue, asked why this one lot (Fifth Addition) was pushed through as a separate subdivision and not included with the sixth addition. He stated he has concern over the loss of vegetation, drainage and site conditions in that area and would like to see these issues resolved before the City approves this plat. The developer, Mr. Jerry Pearson, stated the lot was never part of the sixth addition and is being platted for his own personal use. He further stated that the lot is complete. with sewer, water and street improvements. Mr. Erickson stated that careful analysis of the grading plan for Lake Villa Fifth Addition was made, Staff does not feel that the building pad in the fifth addition would be affected by the drainage and vegetation concerns surrounding the sixth addition. He indicated that very little natural area would be altered by construction of the home in the fifth addition. Mr. Erickson assured Mr. Carron that the staff is aware of the grading, drainage and vegetation concerns _of the residents and intends to address them before recommending approval of the sixth addition. The developer stated he shares. Mr. Carron's concerns and intends to work on those problems. 90.19 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 90-04 approving. the final plat .and development agreement for .Lake Villa Golf Estates Fifth Addition, with the following to be incorporated in Paragraph 6: Plan A--Plat dated 1-16-90, prepared by Delmar H. Schwanz, Land Surveyors; 1 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 PAGE 6 Plan B--House Pad Elevations and Home Type Plan dated 1-3-90, prepared by Delmar H. Schwanz, Land Surveyors. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM #9. Daryl Morey presented the proposed amendment to the zoning ordinance relating to commercial recreation facilities in the industrial zoning districts. He stated that the staff researched this issue and felt that commercial recreation facilities would be appropriate uses in the CBD-I district, as well as other districts, under certain conditions. In an attempt to prevent an incompatible situation between a high occupancy facility and some of the more intense and/or hazardous industries, the staff felt that allowing commercial recreation facilities by conditional use permit will provide the City with the appropriate review and regulations necessary to insure a safe and compatible development. He indicated that the Planning Commission recommended approval of the ordinance, with the condition that Material Safety Data ..Sheets (MSDS) be provided in multiple occupancy buildings. Mayor Zaun asked the city attorney and staff to elaborate on the requirement that the Planning Commission adopt a findings of fact relating to City initiated zoning text amendments. The City Attorney indicated that the Planning Commission may adopt findings of fact. 90.20 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 401, an ordinance amending the zoning ordinance by amending sections 40.2 and 40.4 to allow commercial recreation facilities as a conditional use in the B-W, CBD-I, I-1 and I-2 Districts. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. ITEM #10. Daryl Morey presented the background on the city initiated zoning ordinance text amendment which would allow gasoline sales by conditional use permit in the B-2, Retail Business District. Mr. Johnson wishes to develop a strip shopping center, with gasoline sales, on property located at the southeast corner of Ipava Avenue and 175th Street. Considerable public opposition to the ordinance amendment was expressed at the December 12, 1989, public hearing in front of the Planning Commission. The commission unanimously recommended denial of the ordinance .amendment request. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 • PAGE 7 The City Attorney prepared findings of fact on the proposed amendment, which addressed all three areas currently zoned. B-2 in the. city: County Roads 44 and 5; Ipava Avenue and County Road 46; and Ipava Avenue and 175th Street. Mr. Erickson stated that the staff was reluctant to proceed with this ordinance amendment, and did so only in response to Mr. Johnson's application. He stated that a change in zoning would not allow the developer to sell gasoline unless a conditional use permit was approved. He pointed out that based on the input received, the majority of area residents are not comfortable with gasoline sales even as a conditional use. Mr. Johnson outlined the history of this parcel of property and his active involvement in the city as a land developer. He stated that without fuel sales at this location, he would not proceed with the development of the strip shopping. center. He asked the council to consider tabling this ordinance amendment and appoint a committee consisting of staff .and council members and area residents to review the proposal and try to find a solution. Councilmember Ruhmann asked Mr. Johnson why he would not proceed with the shopping center without gas, and Mr. Johnson • replied that the sale of fuel is the key to attracting customers. Councilmember Mulvihill stated she feels fuel is not appropriate at that location primarily because of Christina Huddleston School located at the northwest corner of 175th and Ipava and the fact that the property proposed to be rezoned. is surrounded on three sides by residential zoning.. She further stated that she feels the fuel issue is not one to be decided by a committee. It is an issue that will be resolved by the City Council. Councilmember Harvey stated he would be reluctant to place small neighborhood businesses at this location if gasoline was available. He feels the streets are not adequate and the parcel of property is not large enough. He also feels that a convenience center across from an elementary school would. only be a nuisance. Mr. Johnson argued that the homes were built at a time when the sale of gasoline was allowed by conditional use permit, and the ordinance had been amended since that time. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 PAGE 8 Mayor Zaun explained that what .the Council has to consider is from the time the text was changed, have conditions changed that would indicate the text is now inappropriate or in error. He added. he didn't think they had. 90.21 Motion was made by Mulvihill, seconded by Harvey to deny the City of Lakeville's request for a zoning ordinance text amendment to include gasoline sales by conditional use permit in a B-2 .District .and adopt the findings of fact dated January 16, 1990. Roll call was. taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. ITEM #11. Bob Erickson explained that proposals have been received from J & S Guns ($1,855) and Streicher's ($2.,210) for the sale of surplus weapons and confiscated hand guns. The staff is recommending the sale of 13 Ruger weapons and 5 confiscated hand guns and the purchase of 6 Glocks from Don Streicher Company. 90.22 Motion was made by Harvey, seconded by Sindt to authorize .the sale of 13 Rugers and 5 confiscated hand guns to Don Streicher Company for $2,210. Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. 90.23 Motion was made by Harvey, seconded by Sindt to authorize the purchase of 6 Glocks from Don Streicher Company for $335.60 each. Roll Gall was taken on the motion. Ayes, Harvey., Ruhmann, Zaun, Mulvihill, Sindt. ITEM #12. 90.24 Motion was. made by Harvey, seconded by Mulvihill to allow Officer Janet Nelson to carry forward 38 hours of excess earned vacation leave with the stipulation that the excess vacation (38 hours) be utilized in 1990. Roll call was .taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM #13. Jack Marty and Diane Holmen from the Camp Courage Wagon Train . appeared before the council with their request to make a water stop in Lakeville during the .Camp Courage Wagon Train route from Lake. Elmo to Camp Courage near Maple Lake on June CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 PAGE 9 19th. They explained that arrangements have been made with the Lakeville Fire Department to provide water for the animals, but they would need assistance with a location for the stop. Bob Erickson explained that they would need to apply to the State Highway Department, District 9 office, for a parade permit on Highway 50. He stated that Dick Nordling could be the contact person for this event. A letter in that regard would be sent to the trail bosses, .Jack Marty and Diane Holmen. 90.25 Motion was made by Sindt, seconded by Mulvihill to approve the City's involvement in the Camp Courage Wagon Train program and direct the city staff to work with the trail bosses to find a suitable location for their water stop on June 19th.. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. OTHER BUSYNESS. 14d. The City Council had received letters from Mr. Terry R. Saul, 10352 W. 204th Street,. and Mr. John D. Ochs, 10145 W. 205th .Street expressing concerns about. Lake Marion water quality and safeguards to protect the lake. In addition to these letters, city staff has received phone calls expressing concerns about the 300 plus ice fishing houses and the litter that is associated with them. Lake shore residents are also concerned that the lake is not adequately patrolled in the winter months. Steve Michaud stated that a meeting is .scheduled for Thursday, January 18th between the Department of Natural Resources, the Dakota County Sheriff's Department, the Lakeville Police Department,. County Commissioner Turner, Mayor, City Attorney, Senator Schmitz, Representative Macklin and city staff. The purpose of the meeting is to address concerns regarding Lake Marion and set a goal of a cooperative effort among alI agencies to solve the problems that exist. .Don Gudmundson pointed out that the City has a policy of not allowing city vehicles on lakes. He suggested that with the Sergeant's approval, officers could possibly use the Blazer to go out on the ice in an emergency situation. Councilmember Harvey stated he is reluctant in placing staff out on the lake in City vehicles, even in an emergency situation. w r CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1990 PAGE 10 Councilmembers and .staff also discussed the water quality of Lake Marion. The staff, together with the Natural Resources and Parks & Recreation Advisory Committees, will examine the current water quality of all lakes in Lakeville. 14e. Steve Michaud presented a proposal for council consideration on the aeration of Lake Marion to prevent winter. kill of fish. He explained that with the cooperation of the Department of Natural Resources, Tri-State Pump Company will install a pump and baffle aeration system on Lake Marion at no cost to the City of Lakeville. The system is specifically designed for the purpose of aerating lakes to prevent winter freeze out. The Minnesota DNR is cooperating with this program to prevent a freeze out on the lake and to'observe the Tri-State Pump Company's .equipment for possible purchase and endorsement. Steve went on to explain that the City would be required to provide a power source (199th Street lift station site was suggested) and pay for energy consumption, which is estimated to be about $700 monthly. Additional costs for increasing the power supply and complete re-wiring is estimated to be just under $1,600. The staff presented the situation to the Lakeville Jaycees and received a commitment of $2,000 toward. the project. The Lakeville VFW was also contacted, and staff received a favorable response, although an actual commitment has not been made. Steve also stated that in order to start the aeration system, public notice must be published in the legal newspaper and posted at all public launches. Staff has. secured the necessary signage from the DNR and is working with the maintenance department to post these signs. 90.26 Motion was made by Harvey, seconded by Mulvihill to authorize the Parks & Recreation Director to pursue an aeration system for Lake Marion on atrial basis for the current season of 1990. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. 90.27 Motion was made by Harvey, seconded by Ruhmann to adjourn the council meeting. Ayes, unanimous.. Time: 10:10 p.m. Respectfully submitted, Charlene Friedges, ity Clerk Duane Zaun, or