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HomeMy WebLinkAbout02.22.94 Council Minutes "- ~- J '.) ~, '';''d0 MINUTES COUNCIL MEETING REGULAR FEBRUARY 22, 1994 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Ristow, Orr, Galler. Members Absent: Rotty. (arrived at 8:30 P.M.) Also Present: Administrator Thompson, Attorney Grannis. 2. Mayor Kuchera lead the Council and audience in the Pledge of Allegiance. 3. MOTION by Galler, second by Orr to approve the agenda with the following changes: a. Remove item 5i - ADA Improvements - from the Consent Agenda for general discussion. b. Remove item 5r - Completion of Probationary Period - from the Consent Agenda for general discussion. c. Remove item 5s - Sidewalk Policy. d. Remove item 7b - Civil War Monument. e. Add purchase of property for prairie Waterway Project - Severson property. f. Add Southern Car Cruisers Car Club for Mt. Dew Days request. g. Remove item 5j - Capital Outlay Request - Garage Improvements - from Consent Agenda for general discussion. APIF, MOTION CARRIED. 4. Citizens Comments. 1. Mayor Kuchera presented the following commendations: - Ken Hanson, Planning Commission - Cheryl Thelen, Planning Commission - John Sauber, Water Board - Anthony Kilpela, Parks and Recreation Advisory Commission - Steve Strachan, Parks and Recreation Advisory Commission - William Vetscher, Parks and Recreation Advisory Commission 5. Consent Agenda. MOTION by Galler, second by Kuchera to approve the Consent Agenda as follows: a. Approve minutes of February 7, 1994. b. Approve School/Conference Request - Planning Commission members. c. Approve amended Fire Department By-Laws. d. Approve School/Conference Request - Parks and Recreation - Shade Trees. e. Approve Capital Outlay Request - Parks and Recreation - sign making machine - $2,731.00. 234 Council -Minutes - 2/22/94 - Page 2 f. Set Public Hearing for March 7, 1994 at 7:30 P.M. to consider Westview Townhome Plat. g. Adopt RESOLUTION NO. R13-94 approving gambling premise permit - Ducks Unlimited at American Legion. h. Adopt RESOLUTION NO. R14-94 setting rates/adopting policy for additional solid waste containers. i. Approve Payment #1 (Final) - Snowplow - $58,389.93. j. Adopt ORDINANCE NO. 094-326 amending the Heritage Preservation Commission Ordinance reducing the number of members from 9 to 7. k. Appoint Patricia Johnson to the Heritage Preservation Commission. 1. Approve School/Conference Request - Fire/Rescue Department - Rochester Sectional Conference m. Approve Capital Outlay Request - Police Department fax machine. n. Approve adjustment to Assistant City Engineer's salary per February 17, 1994 memo. o. Adopt RESOLUTION NO. R15-94 approving development agreement/preliminary and final plat of Akin Park 3rd Addition. p. Approve Sump Pump Inspection Proposal Phase II - Visu Sewer. q. Approve Budget Adjustment - Police Computer Upgrade. r. Approve Capital Outlay Request and Budget Adjustment - Computer Backup Batteries - Liquor Store - $553.80. s. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 6. ADA Compliance - per memo dated February 18, 1994. Discussion: - Delay Council ramp. Include with library remodeling. - Deadline of January 26, 1995. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R16-94 awarding the bid for restroom remodeling, Braille signs, door closures to Meisinger Construction as outlined. APIF, MOTION CARRIED. 7. Shop Remodeling. Memos dated February 18th and 22nd, 1994. Concerns: a. Eliminate storage space. b. Temporary "fix". New shop will be built soon. c. Lost storage can be offset by "decked" ceiling. d. Account for carpenter's time and rate. MOTION by Galler, second by Orr to approve the request as outlined in the February 22nd memo using the lowest quote. APIF, MOTION CARRIED. Council Minutes - 2/22/94 - Page 3 20h .)0 8. Mayor Kuchera opened the following public hearings scheduled for 7:30 P.M.: a. Zoning Amendment - Landscaped Yards; and b. Zoning Amendment - Building Coverage in R-3 Districts. The meeting were continued until later in the meeting. 9. Probationary Employees. MOTION by Orr, second by Galler to appoint Todd Reiten and Gary Hilsgen as permanent full time employees with salary changes as noted in the February 16, 1994 memo. APIF, MOTION CARRIED. 10. Public Hearing - Landscaped Yard Requirements. Planner Tooker outlined the rationale for the following changes: Arterial Street - 20 feet Collector Street - 15 feet Local Collector Industrial - 10 feet Local - 5 feet. Comments/Concerns - None. MOTION by Ristow, second by Kuchera to close the hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Kuchera to adopt ORDINANCE NO. 094-327 amending the Zoning Ordinance relating to landscaping requirements as recommended by the Planning Commission. APIF, MOTION CARRIED. 11. Public Hearing - Building Coverage in R-3 Districts. Planner Tooker noted the change recommended by the Planning Commission noting the rationale to make densities consistent with other residential zoning districts. Comments/Questions: Herb Nivala: I think the requirements are proper right now. Steve Swenson: We were told that it (Westview Townhomes) met zoning requirements. Larry Thompson: Gave background on issue. Terry Stapf: We already have runoff problems. Why not keep it at 20% to keep more green space? Planner Tooker: The surrounding area is already at 30% in the R-2 District. Steve Swenson: It sounds fishy. How much R-3 land do you have? 236 Council Minutes - 2/22/94 - Page 4 Planner Tooker: -r:>o..ve. Dale Pettis: Approximately 10 acres. Why hasn't this come up before? Adm. Thompson: This is the first multifamily project since the requirements were adopted. Herb Nivala: Most of the area is single family. Lisa Heikkila: The area roads are too busy right now. Adm. Thompson: The purpose of the hearing is for lot coverage. Steve Swenson: Does the project exceed the 30% density? Adm. Thompson: Yes, it's approximately 31%. Cm. Ristow: How would they meet lot coverage requirements? Planner Tooker: They would reduce the number of units or the size of the units. Harvey Snyder: Don't confuse densities with lot coverage. That property could hold Density could be much higher. up to 40 units. Herb Nivala: Riverside was downzoned. Cm. Galler: The landowner requested the downzone. Cm. Orr: How many units would the land allow under R-2 zoning. Planner Tooker: 5.5 per acre. Cm. Galler: What is being considered is to make densities consistent with surrounding areas. Cm. Rotty: This area has been predominantly developed in an R-1 manner. It's the zoning change from the Westview Townhome allowed 30% coverage in other districts. difficult to separate development. We have Terry Stapf: All other districts have storm sewers. Council -Minutes - 2/22/94 - Page 5 ~J7 Planner Tooker: The Planning Commission considered this and the City Engineer has offered a solution to get the water off of Hickory Street. Herb Nivala: The other R-3 Districts have storm sewer. Steve Swenson: This zoning ordinance was brought forth because of the Westview Townhome proposal. Adm. Thompson: It is difficult to consider this amendment in light of the Westview Townhome development. A good example is the previous hearing which was precipitated by the City Center project. During the variance hearing a great deal of opposition to the reduction in landscape requirements was generated, yet after the project was approved and the subsequent zoning amendment hearing was held, no one showed up. Dave Pettis: Is this the only undeveloped R-3 area? Adm. Thompson: There is an area by Tom Thumb on Highway 3 that is undeveloped. MOTION by Galler, second by Rotty to close the hearing. APIF, MOTION CARRIED. Comments by Council: Cm. Galler: We have to look at densities versus lot coverage. 30% coverage would remain consistent with surrounding areas. The developers could put smaller units on the site to get the density. Cm. Rotty: The surrounding area has been developed primarily at an R-1 Zoning District and I would like to see the area developed in a similar fashion. Cm. Orr: The developer could put smaller units on the property of lesser value. I recall we upped the lot coverage to encourage larger homes. Adm. Thompson: The developer could propose a 35 unit apartment building of 21,000 square feet without any further Planning Commission or Council action. Cm. Ristow: Do the townhomes and apartments in the area meet the coverage requirements? 238 Council Minutes - 2/22/94 - Page 6 Planner Tooker: They would probably exceed the coverage requirements but the requirements were not in place when the area was developed. MOTION by Galler to adopt an ordinance approving the amended lot coverage requirements in the R-3 District as recommended by the Planning Commission. Motion died for lack of a second. MOTION by Rotty, second by Orr to table action on the proposed ordinance until March 7, 1994. APIF, MOTION CARRIED. 12. MOTION by Orr, second by Kuchera to proclaim March 6th thru 13th as Volunteers of America Week. APIF, MOTION CARRIED. 13. Southern Cruisers Car Club. The club would like to park cars on Oak Street or 3rd Street in the downtown area from 7:00 A.M. to 4:00 P.M. during Mountain Dew Days. Councilmember Orr stated that he was looking at possibly using the old Ford lot for parking. It was the consensus of the Council that it would be agreeable to close a street in the downtown area for the car show during Mt. Dew Days. (Further Council action is required.) 14. MOTION by Rotty, second by Ristow to adopt RESOLUTION NO. R17-94 accepting the feasibility report for Project 93-2 - 195th Street and setting a public hearing for March 21, 1994 at 7:30 P.M.. APIF, MOTION CARRIED. 15. The Council acknowledged receipt of the proposal by Bonestroo, Rosene and Anderlik regarding the comprehensive sewer plan update and tabled action until completion of the annexation process. 16. Fire Marshal/Building Official Position. (Memos dated February 17 and February 18th) Questions/Comments: a. Byron Reed's qualifications were at or above Mr. Palm's (part time applicant) . b. Position would report to the Fire Chief. c. Would use the Fire Department's vehicle. MOTION by Orr, second by Galler to offer the aforementioned position to Byron Reed at a midpoint Grade 7 and to authorize and direct the Administrator to negotiate the details, such as reporting date. APIF, MOTION CARRIED. 17. Pine Knoll Plans and Specifications (Project 88-4). Assistant Engineer Matthys presented estimates on extending sewer to the north. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R18-94 approving plans and specifications and authorizing advertisement for bids for Project 88-4 - Pine Knoll Street and Utility Improvement. APIF, MOTION CARRIED. Staff was directed to present the cost estimates to the owners north of Pine Knoll and to Council Minutes - 2/22/94 - Page 7 q0n L.J u ;:J ask if the owners were interested in the Council pursuing the project. 18. Planning Commission Compensation. (Survey presented.) Council reviewed the survey; no action was taken. 19. Planning Commission Seat. MOTION by Galler, second by Orr to appoint Cheryl Thelen to the Planning Commission. VOTING FOR: Rotty, Galler, Orr, Kuchera. ABSTAIN: Ristow. MOTION CARRIED. 20. The Council Workshop agenda was presented. 21. Prairie Waterway Land Acquisition - Severson. MOTION by Rotty, second by Kuchera to adopt RESOLUTION NO. R19-94 approving the purchase agreement for Prairie Wate~ay property - SeverAon property. APl:F, !!O'i'I6I( CJ!tRRIl!IB. \jot-H~" ~r: . Ku..c..h.c.v-o...l Or!"\t<oTt'-( t ~lle, A-Io~~u..,\ ". K\~w. ~lO"""" /JJ..ff\'~d . 22. Temporary Police Officer. (Per memo dated February 17, 1994). Attorney Grannis presented an indemnification agreement for the Lakeville officers subject to approval by the City's insurance carrier. If the insurance company does not approve the agreement, the City would have to get Farmington uniforms for the officers. MOTION by Ristow, second by Orr to approve the agreement and terms of the Chief's memo subject to approval by the City of Lakeville unless it is deemed the agreement is not required. APIF, MOTION CARRIED. 23. Roundtable. a. Commend Liquor Store Manager's recommendation on backup computer batteries. b. Decision not to pump 5th Street. 24. MOTION by Ristow, second by orr to adjourn into executive session to discuss annexation. APIF, MOTION CARRIED. 25. MOTION by Rotty, second by Kuchera to adjourn at 12:00 midnight. APIF, MOTION CARRIED. tlffj Larry Thompson City Administrator Approved ~ Ctlv-.e~eA 0'1\. 3/'1('?'-j