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Home My WebLink About09-15-97 f` w CITY OF LAKEVILLE COUNCIL MEETING i SEPTEMBER 15, 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. Cub Scout Pack 260 presented the colors and lead the Pledge of Allegiance to the flag,. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also. present: R. Knutson, City Attorney; K. Nelson, City Engineer; M. Sobota, .Community & Economic Development Director; D. Feller, .Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the September 2, 1997, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None CHIEF OF POLICE: Chief Martens presented the August Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the August Parks & Recreation Department monthly report. PRESENTATIONS/LNTRODUCTIONS Ms. Marjorie Drake, representing the Daughters of the American Revolution, requested Council approval of a proclamation declaring September 17 as Citizenship Day and September 17-23 as Constitution Week. Ms. Drake stated she will deliver copies of the proclamation to each of the bistrict 194 schools. Councilmember Johnson read the proclamation. 97.164 Motion was made by Mulvihill, seconded by Holberg to proclaim September 17, .1997, as Citizenship Day and September 17-23, 1997, as Constitution Week.. CITY OF LAKEVILLE COUNCIL MEETING .SEPTEMBER 15, 1997 PAGE 2 • Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. CITIZENS' COMMENTS Mr. John Boland, 10241 - 205th Street West, voiced his concern regarding the rapid growth of the community and the corresponding costs to property owners. CONSENT AGENDA Councilmembers removed Item 7m from the consent agenda at the request of Mr. John Boland. Councilmembers added. Item 8 to the consent agenda. 97.165 Motion was made by Johnson, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. August Investment Report. c. Receive minutes of the following advisory committee meetings: • Environmental Affairs Committee and Waste Haulers Subcommittee,:. September 2, 1997 • Planning Commission, September 4, 1997 • Economic Development Commission, August 26, 1997 d. Approve 1998 Community Landfill Abatement Base Fund Application and 1998 Community Landfill Abatement Container Fund Application to Dakota County. e. Transfer of Mixed Municipal Solid Waste & Recyclable Material Collection license from Actionbisposal System, IncJBFI to BFI Waste Systems of North America, Inc. f. Resolution No. 97-213 calling a public hearing for sealcoating of District 2B, Improvement Project 97-2. g. Resolution No. 97-214 approving plans and specifications and setting a bid date for multi-purpose trailway for Klamath Trail, Improvement Project 96-9. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 15, 1997 PAGE 3 h. Change Order No. 2 with McNamara Contracting for 175th Street .extension, Improvement Project 96-7. i. Resolution No, 97-215 authorizing sale of assets. j. Resolution No. 97-216 rejecting bid, approving. new specifications and setting a bid date for Point of Sale and Inventory Hardware, Software and 'Services. k. Amendment to Panned Unit Development/Conditional Use Permit No. 97- 14 allowing U.S. West New Vector Group, Inc. and the Minnesota ..Department of Transportation to construct a cellular telephone mono-pole facility at 16850 Kenrick Avenue. I. Final acceptance of utility and street improvements to Great Oak Shores Point. m. (Removed from consent agenda). • 8. Special Home Occupation Permit for Patricia Ziniel to allow a hair salon at 17453 Hayes Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 7M Mr. Boland asked about the change order for the 205th Street trail project and whether the recent culvert installation on 205th Street was part of this project. The City Engineer stated the purpose of the change order is to extend the project completion date from October 1 to November 1, 1997. He further stated that the culvert installation was part of the trail project. 97.166 Motion was made by Holberg, seconded by Johnson to approve Change Order No. 1 with Friedges, Inc. for the 205th Street trail project, Improvement Project 96-8. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 15, 1997 PAGE 4 • ITEM 9 Mr. Larry Ganse requested Council approval of a setback variance from the Ordinary High Water Level of Lake Marion to allow the construction of an addition onto his home located at 19130 Orchard Trail. Mr. Sobota explained that the existing house was constructed in the late 1970's prior to adoption of the Shoreland Overlay District section of the Zoning Ordinance. Mr. Ganse proposes to construct a 312 square foot living addition onto the northern end of the existing house. Mr. Sobota explained that the only area that complies with the 75 foot setback is a small triangular shaped portion of the extreme northern part of the lot, due to its unique shape. Given the configuration of the lot, Mr. Ganse cannot construct an addition and meet the 75 foot setback from the Ordinary High Water Level of Lake Marion without a variance. The Planning Commission held a public hearing on the request and discussed various means of reducing non-conformities on the property. The Planning Commission recommended approval of the variance subject to • .removal of the existing elevated walkway "cat walk" on the east side of the house,. which is part of a deck structure closest to the Ordinary High Water Level of Lake Marion. The Planning Commission also recommended removal of the non-conforming shed and driveway turn-around area and the installation of sod or other landscaping in its place. Also, an oak tree shall be planted. near the northwest corner of the building addition. Mr. Sobota stated staff supports the Planning Commission recommendation and recommends approval of the variance due to the unique shape of the lot and the addition being in the area of least impact. The DNR has also reviewed the request and does not. oppose the variance as recommended. Councilmember Sindt asked if the house met the building setback standards at the time it was built. Mr. Sobota explained that the home was built prior to adoption of the DNR shoreland regulations, and no variance was required at that time. Councilmember Johnson asked how the removal of a four foot wide section of the length of the deck, as initially recommended by staff, would have enhanced the project. Mr. Sobota explained that the Shoreland Overlay District regulations require the removal of non-conformities as much as possible. The Planning + ~ G f r . . CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 15, 1997 PAGE 5 Commission members felt that the area closest to the Ordinary High Wafter Level (the elevated walkway on the east side of the house) would be more appropriate for removal 97.167 Motion was made by Mulvihill, seconded by Holberg to receive the Planning Commission's Findings of Fact and Recommendation and approve a variance to allow the construction of an addition onto an existing non conforming single family residence located at 19131 Orchard Trail Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. UNFINISHED BUSINESS: None NEW BUSINESS: None ANNOUNCEMENTS: Next regular Council meeting, October 6, 1997 Council work session, September 22, 1997 i Mayor Zaun adjourned the meeting at 7:40 p.m. Respectfully submitted, Charlene Friedges, Ci#~`i lerk Duane Zaun, Ma r