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HomeMy WebLinkAbout05-15-89 ' R , 4~ CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 1989 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 Nelson, Enright, Sindt, Harvey and Mayor Zaun. Also present: Bob Erickson, City Administrator; Pat Farrell, City: Attorney; Keith Nelson, City Engineer; Jim Robinette, Community Development Director; Steve Michaud, Park & Recreation Director; Dennis Feller, Finance Director; Don Gudmundson, Chief of Police; and Charlene Friedges, Acting City Clerk. Staff announcements: Keith Nelson requested the City Council to consider adding an agreement with Argus Development Company to the agenda under other business. The agreement was added to the agenda under other business by consensus of the Council. Don Gudmundson presented to the Council the Police Departments' monthly report for April. Presentations/Recognitions: There were none. Consent agenda: Councilman Harvey removed Item 50, feasibility report for seal coating District 3, from the consent agenda. Councilmember Sindt added Item 14, 15a, 15b and 15c to the consent ,~agenda. Councilmember Enright added Item 11 to the consent agenda. 89.191 Motion was made by Enright, seconded by Nelson to approve the consent agenda as amended, by adding items 11, 14, 15a, 15b, and 15c and by removing item 50. a. Approve the minutes of the May 1, 1989, council meeting. b. Approve the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, May 4, 1989 Natural Resources Committee, May 3, 1989 Park & Recreation Committee, May 3, 1989 d. Resolution 89-66 awarding, or rejecting, various contracts for City Hall. e. Receive April 30th financial reports for the general, utility and liquor funds. f. Consider review of financial underwriters proposal of LCC ice arena. + ~ • CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 1989 g. Resolution 89-67 amending Resolution No. 89-2 changing the date for the first regular council meeting in July. h. Approve vacation of underlying streets in the Marion Village plat, Resolution 89-6$. i. Approve addendum to Great Oak Shores Development Agreement for paving 188th Street. j. Approve change order No. 2 with Alexander Construction Company for paving of 188th Street, Improvement Project 87-14. k. Approve plans and specifications on the Judicial Road Improvement Project 89-2, Resolution 89-69. 1. Approve plans and specifications and set a bid date for the Dodd Boulevard Elementary School, Improvement Project 89-5, Resolution 89-70. m. Approve plans and specifications and set a bid date for the Flagstaff Avenue Improvement Project 88-19, Resolution 89-71. n. Approve cooperative agreement for cost participation with Dakota County for Flagstaff Avenue Improvement Project 88-19, Resolution 89-75. o. This item removed from consent agenda. p. Approve change order for Foxborough Park sanitary sewer installation. q. Resolution 89-72 calling a public hearing on the re-assessment of a tax forfeited parcel, Lot 2, Block 3, Woodridge Estates, in the amount of $6,990.05. r. Issue a grading permit for Cherry Highlands 2nd Addition. s. Approve a radio services contract with Dr. John DuBois. t. Approve specifications and order public bids for a sewer jet cleaning machine. 11. Approve findings of fact for a negative declaration on the need for an EIS for the Lakeville Commons development, Resolution 89-73. 14. Review of a joint powers agreement for I-35 coalition. 15. Any other business. a. Receive bids and award contract for two 1989 GVW Heavy Duty Chassis Cab Single Axle Trucks for the Street Department. b. Receive bids and award contract for construction of park improvements and multi purpose trailways. c. Receive bids and award contract for one four wheel drive tractor mower for the Street Department. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Councilmember Harvey asked why the change in the percentage being assessed to the property owners for seal coating from 50% in previous years to 34% in 1989. Keith Nelson explained that the northwest corner of Lakeville is outside the urban service area, and due to the mixture of small and large unsewered lots, the staff felt each parcel should be assessed one unit each. Due to larger frontage on many lots, the City would finance 66% rather than 50% of the project cost. 2 ' ~ • i~ CITY OF LAKEVILLE COUNCIL MEETING ' MAY 15, 1989 89.192 Motion was made by Harvey, seconded by Sindt to receive the feasibility report for Improvement Project 89-6 and adopt Resolution 89-74 calling a public hearing for the June 5, 1989, regular council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.193 Motion was made by Harvey, seconded by Nelson to request staff to prepare an addendum to the May 9th feasibility report for Improvement Project 89-6. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. The mayor opened the public hearing on the re-assessment of Lot 5, Block 3, Oak Hills 1st Addition. The Acting City Clerk attested to the legal notice. Dennis Feller explained that since the public hearing was called, the City has been in contact with Universal Title Company, who paid the $709.65 that would have been re-assessed and $28.17, the balance of a seal coating assessment. 89.194 Motion was made by Sindt, seconded by Harvey to acknowledge receipt of the check from Universal Title Company in the amount of $737.82 and close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mr. Wally Klus representing the McStop Convenience Center, presented their request for two additional signs at the Center. He requested the Council consider pylon type signs, rather than the monument signs as recommended by the Planning Commission. Bonnie St. James of Universal Sign Company made a presentation to the Council on the lack of sign visibility at the Convenience Center and recommended two 10 foot high pylon signs. Councilmember Sindt asked about the semi trucks parked near the Center. Jim Robinette stated he had met with Randy Berg and has been informed that a new parking lot for these trucks will be completed within the next few months. Councilmember Harvey asked about the berm at the Sign A location and what could be done to remove that berm in order to enhance the view. Councilmember Enright asked if a market study on the convenience center had been undertaken to provide merchants with information relating to market demand, interstate traffic versus local trade. Councilmember Nelson stated he is in favor of signage at the center. 3 • ~ ~ • • CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 1989 Mayor Zaun stated he is in favor of Plan B. The City Administrator explained that when the parking lot is com- pleted, the trucks could be directed to that area, allowing the City to enforce the original PUD which, in turn, would greatly improve the visibility for the convenience center. 89.195 Motion was made by Nelson, seconded by Enright to approve a sign plan amendment for the McStop Convenience Center to include two 50 square foot monument signs to be located as shown on Exhibit B of the planning report dated 4/24/89. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Councilmember Sindt asked the staff to check the grading plan and verify the depth of the gas pipeline on the property in an attempt to determine whether the berm can be removed. At this time, Faith McCaghy of School District 194, explained the need for additional space for pre-school, latch key and adult education classes, since there are no longer rooms available in the schools for these classes. Mayor Zaun asked about the wording in the zoning ordinance amendment to include public and private educational institutions. The City Attorney stated that the word "community" covers both public and private. 89.196 Motion was made by Harvey, seconded by Enright to approve Ordinance No. 377 amending the zoning ordinance Sections 35, 36, 37, 38 and 39 to allow public and private educational institutions limited to pre- school, latch key and adult education in B-1, B-2, B-3, B-4 and CBD-C zoning districts. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.197 Motion was made by Harvey, seconded by Nelson to adopt the findings of fact as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.198 Motion was made by Harvey, seconded by Sindt to grant a conditional use permit to Independent School District 194 to operate a pre-school, latch key and adult education facility within the SouthFork Center Building 3. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 4 CITY OF LAKEVILLE COUNCIL MEETING ' MAY 15, 1989 89.199 Motion was made by Sindt, seconded by Harvey to acknowledge receipt of a letter from Elfering Construction, Inc. withdrawing their application for development of the Forest Hills 2nd Addition and table the matter until further notice by the developer. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Steve Michaud provided an overview to the City Council on the proposed snowmobile watercross event; and he introduced Steve Adochio, Pan- 0-Prog Chairman, and Sherri Tongen, event coordinator. Steve Adochio made a presentation to the City Council in favor of the proposed event on behalf of Pan-O-Prog. Sherri Tongen presented the proposed watercross event and briefly outlined the process of racing snowmobiles on the water. In her pres- entation, she addressed parking concerns, the possibility of a shuttle service from the school district parking lots, traffic flow patterns, ambulance service, and police officers on duty for the event. Councilmembers expressed concern over the closing of Antlers Park on the Fourth of July weekend, and recommended that staff immediately take steps to advertise the closing of the park for the event and post a sign at the park indicating the dates of the park closing and where alternative beaches and picnic areas are located within the city. Mayor Zaun asked that the watercross sponsors consider pledging some of the profits from the event to the citizens of the community who are inconvenienced by it. 89.200 Motion was made by Harvey, Nelson to adopt Ordinance No. 378 amending Title 7, Chapter 2 of the City Code concerning surface water use of Lake Marion. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 89.201 Motion was made by Harvey, seconded by Enright to exempt Pan-O-Prog from Title 7, Chapter 2 of the City Code and authorize the proposed snowmobile watercross event for Pan-O-Prog to be held on July 1st and 2nd at Antlers Park, subject to the following conditions as recommended by the Park and Recreation Director, City Attorney and City Administra- tor: 1) Council approval of a non-intoxicating malt liquor license for the Rotary Club. 2) Receipt of a $1,000,000 liability insurance policy naming the City of Lakeville as an additional insured. 3) Posting additional no-parking areas near Antlers Park. 4) Approval from the DNR of the City's ordinance amendment on surface water usage. 5 • • i CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 1989 5) Posting a sign in Antlers Park advertising closing of the park on July lst and 2nd. 6) Letter from Dakota County Sheriff approving the event on Lake Marion. 7) A damage deposit of $500.00. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.202 Motion was made by Sindt, seconded by Harvey to approve an agreement with Bridlewilde Joint Venture, Argus Development, Inc. and Joseph M. Miller for construction of a sanitary sewer line to the Cherry High- lands Second Addition, and naming the City of Lakeville as escrow agent for the deposit and disbursements of funds pursuant to the terms of the agreement. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.203 Motion was made by Harvey, seconded by Nelson to direct staff to draft a letter on behalf of the Mayor and Council in support of Betty Sindt for a directorship on the League of Minnesota Cities Board. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright. Sindt abstained. 89.204 Motion was made by Enright, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Time: 9:30 p.m. Respectfully submitted, Charlene Friedges, Act' g City Clerk Dua a Zaun, M y r 6