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HomeMy WebLinkAbout08-04-97 CITY OF LAKEVILLE COUNCIL MEETING S AUGUST 4 1997 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 Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: J. Walston, Assistant City Attorney; 6. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Morey, Planner; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the July 21, 1997, regular Council meeting and the July 28, • 1997, special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Walston indicated that he has a signed purchase agreement with the Christian family, which will be considered for approval under Agenda Item 13. ENGINEER: None ADMINISTRATOR: Mr. Erickson stated that representatives from Arden International Kitchens have requested that the Council table consideration of Agenda Item 10 until the August 18th Council meeting to allow further detailed review by their corporate officials. 97.132 Motion was made by Sindt, seconded by Mulvihill to consider Agenda Item No. 10 at this time and table consideration of a resolution vacating drainage and utility easements and a .resolution approving the preliminary and final plat of Arden Kitchens Addition until the August 18th City Council meeting. Ro11 ca11 was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 2 • DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the July, 1997, Operations & Maintenance Department monthly report. Mayor Zaun indicated that NSP had been trimming some trees along the power lines in the downtown area and asked who is responsible for clean-up of these branches. Mr. Volk explained that according to NSP policy, it is the homeowner's responsiblity to clean up the branches. The Mayor and Councilmembers questioned this policy, which is different from Dakota E{ectric's policy, pointing out that many home owners are not able to do this work on their own. 97.133 Motion was made by Mulvihill, seconded by Holberg to direct the City Attorney to review the City's franchise ordinance with NSP with regard to clean-up of tree branches cut down by NSP. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. PRESENTATIONS/INTRODUCTIONS None CITIZENS' COMMENTS Mr. John Boland, 10241 205th Street West, stated • he noticed traffic counts being taken on 205th Street and he wondered whether there are plans in the near future to upgrade 205th Street and, if so, how would assessments be handled. Mr. Erickson explained that traffic counts on all municipal state aid roads are done on an annual basis.. He stated that 205th Street is not currently in the City's five-year capital improvement program. He pointed out that there are no assessments to property owners being proposed for any of the streets being upgraded in the five-year capital improvement program. He further explained that the City has an escrow policy for new developments, and the developments along 205th Street have placed money in escrow for future improvements to 205th Street. CONSENT AGENDA Councilmembers added Item No. 9 to the consent agenda. 97.134 Motion was made by Johnson, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 3 • b. Receive minutes of the following advisory committee meetings: Environmental Affairs. Committee, July 15th Parks & Recreation Committee, July 16th Planning Commission, July 10th and July 17th Snowmobile Task Force, July 24, 1997 c. Resolution No. 97-168 authorizing application for a Metropolitan Council planning assistance grant. d. Resolution No. 97-169 approving plans and specifications and setting a bid date for construction of Glacier Way east of Cedar Avenue, Improvement Project 97-11. e. Resolution No. 97-170 receiving bids and awarding contract for Holyoke Avenue watermain improvements, Improvement Project 97-17. f. Final acceptance of streets and public utilities, Cherryview 3rd Addition. g. Resolution No. 97-171 accepting a donation from the Lakeville Prime • Timers to the Senior Center. h. Resolution No. 97-172 approving a gambling permit for All Saints .Parish. i. Resolution No. 97-173 awarding the balance of contracts for Bid Package 2, Liquor Store No. 4. j. Special home occupation permit extension for a hair salon at 17171 Ipava Avenue. k. Cigarette license for SuperAmerica #4528, 16180 Kenrick Avenue. 9. Resolution No. 97-174 approving the final plat of Harris Acres First. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. .ITEM 8 Mayor Zaun opened the public hearing on the application of SuperAmerica Group, a division of Ashland Inc., for an off-sale 3.2% malt liquor license at • 16180 Kenrick Avenue. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 4 i Chief Martens explained that SuperAmerica already holds two 3.2 beer licenses within the City, one at their Cedar Avenue store and one at their Glade Avenue store. The application has been reviewed and found to be in order. The real estate taxes have been paid, and a certificate of insurance is on file. He stated the Police Department has no objection to the license being granted as requested, contingent upon the City's Building Inspection Department issuing a Certificate of Occupancy on the property. Ms. Audrey Moore, store manager, was present to respond to any questions or comments. There were no questions or comments from the audience. Councilmember Sindt asked about the hours of beer sales versus actual store hours. Chief Martens explained that there is a separate lock for the beer coolers, and stated that hours of sale are set by State Statute. 97.135 Motion was made by Johnson, seconded by Holberg to close the public hearing.. . Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 97.136 .Motion was made by Holberg, seconded by Johnson to grant an off-sale 3.2% malt liquor license to SuperAmerica Group, a division of Ashland Inc., for their store at 16180 Kenrick Avenue, contingent upon the issuance of a Certificate of Occupancy by the City's Building Inspection Department. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 11 Mr. Brad Larson, 12285-175th Street West, requested Council approval of a conditional use permit to allow the construction of a 12 foot by 12 foot storage area beneath his existing three season porch. He explained that a condition of the conditional use permit being forwarded by the staff and Planning Commission requires that. he eliminate some of the impervious surface area on his property in exchange for the impervious surface that will be created with the construction of the storage area beneath the three season porch. He explained that he is opposed to eliminating some of his paved driveway area, • which has been in place since the home was built in 1985. He felt that he CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 5 needs the existing pavement for vehicular turn-around, as it is very dangerous to back out onto 175th Street from his driveway. Mr. Sobota explained that upon receipt of Mr. Carson's survey, staff identified four non-conforming issues on the property: 1) the property does not meet the minimum lot area for a parcel in the Shoreland Overlay District; 2) the house does not meet the front yard and east side yard setbacks; 3) the lowest floor elevation of the house is less than three feet above the Ordinary High Water Level (OHWL) of Orchard Lake; and 4) impervious surface area is in excess of 25 percent.. Mr. Sobota explained that staff felt that with the additional impervious surface being. created with the porch addition, some existing impervious surface area could be eliminated. The Planning Commission is recommending removal of bituminous surface down. to 26%, (City ordinance allows a maximum of 25% impervious surface area for a single family lot) which gives the Larsons two. indoor and two outdoor parking stalls, which staff felt was sufficient for a single family lot. Councilmember Sindt asked why the amount of driveway pavement was not addressed by the City until now. • Mr. Erickson explained that when the original variance was granted for the house in 1985, the Shoreland Ordinance did not have an impervious surface area regirement. The impervious surface requirement has since been imposed by the Minnesota DNR in an effort to protect the water quality of the lakes and is now being enforced with any variance or conditional use permit in the shoreland overlay district. This impervious surface requirement is consistent with other variances and conditional use permits being granted in the shoreland areas. Councilmember Mulvihill asked if this area of 175th Street is unique with regard to parking. Mr. Erickson stated there is a No Parking requirement on one side of the street. However, that, in and of itself, would not justify an expanded access point width or additional hard surface. Councilmember Holberg asked about the curb cut width on Mr. Carson's. property. Mr. Sobota stated he has a 34 foot wide curb cut at 175th Street, which is wider than some commercial businesses. Councilemember Holberg stated she shared Mr. Carson's concern with safety on 175th Street, and suggested some type of turn-around in the driveway so that motorists don't have to back out onto the street. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 6 Mr. Erickson recommended construction of a hammerhead driveway by reducing a portion of the existing pavement, which would address the safety and impervious surface issues and reduce the width of the curb cut. Mr. Larson stated he would not be in favor of the hammerhead driveway as a compromise. He stated he doesn't feel it is fair for the City to ask him to remove what he has had since 1985. Mr. Erickson pointed out that Mr. Larson has chosen to finish off the area beneath the three season porch, which increases impervious surface area and creates the need fora conditional use permit. He further pointed out that other residents in the area are looking at making similar requests as Mr. Larson, and to deviate for one property owner would set an unwanted precedent.. 97.137 Motion was made by Sindt, seconded by Holberg to receive the Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow the expansion of an existing non-conforming single family home at 12285-175th Street W., with a revision to Condition (f) to include a hammerhead driveway with turn around capabilities. • Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 12 Mr. Steve Johnston, representing Backes Company, requested Council approval of the preliminary and final plat of Quail Meadows and a variance to allow a cul-de-sac street length greater than 500 feet. The proposed Quail Meadows development will be located on the south side of 170th Street, east of Fieldcrest Avenue and west of Pilot Knob Road. Mr. Morey presented the preliminary plat of Quail Meadows, which proposes the development of 52 single family lots in two phases. The final plat of the first development phase includes the northerly 30 lots of the preliminary plat. This phase does not abut the current flood plain. The cul-de-sac street length variance is justified because the wetland location and the existing North Creek Manufactured Home Park prevent extending this street to the north, east or south to connect with other streets. Mr. Morey explained that the Planning Commission raised some concern regarding the safety of the proposed storm water pond located in the CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 7 • southeast corner of the preliminary plat. In response to the Planning Commission's concerns, the developer has agreed to decrease the depth of the pond from 20 feet to a maximum of 10 feet, (the typical depth is 10 to 12 feet), and increase the width of the bench located at the perimeter of the pond. Councilmember Sindt asked about the east-west trail connection in this area as proposed in the 1994 park bond referendum. Staff explained that they were able to find a more direct trail connection running:north and south by linking with the new developments in the area. 97.138 Motion was made by Holberg, seconded by Johnson to approve the preliminary plat of Quail Meadows, receive the Planning Commission's Findings of Fact and Recommendation and approve a variance to allow a cul- de-sac steet length greater than 500 feet, and approve Resolution No. 97- 175 approving the final plat of Quail Meadows. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. • ITEM 13 Mr. Michaud presented a purchase agreement with the Christian family for the acquisition of their property along Juno Trail on the west side of Lake Marion. He explained that funds were allocated in the 1994 park bond referendum for a West Lake Marion Park and the conversion of Juno Trail to a trailway. Two years ago, the City constructed 3.,500 feet of trailway from 205th Street to Minnewaken Bay. The City has been negotiating with the Christian family for two and one-half years for the purchase of their 20 acre parcel in an effort to connect the trailway from Minnewaukan Bay to Casperson Park. The Christian property contains 800 feet of prestine shore line, rolling hills, bluff and wooded areas and a small wetland. Funding for this acquisition comes from the following sources: • 1994 Park Bond Referendum $429,000 • Natural and Scenic Areas Grant 63,509 • Department of Natural Resources Fisheries 40,000 • Menasha Corporation donation 20,000 • Lake Marion Association donation 1,000 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 8 • Ms. Collette Wanless-Sobel, Parks & Recreation Advisory Committee member, thanked the City Council members for supporting the acquisition of this property. Vivian and Jack Pavlike presented a check in the amount of $1,000 from the Lake Marion Association . Mr. Rich Swanson of Menasha Corporation offered a corporate donation in the amount of $20,000. Councilmember Johnson asked when the road would be resurfaced. Mr. Erickson stated the City Engineer is pursuing a change order on an existing project so that this project can be completed in a timely manner. 97.139 Motion was made by Mulvihill, seconded by Holberg to approve a Real Estate Purchase Agreement and Waiver of Relocation Benefits with the Christian family, Resolution No. 97-176 accepting a donation from Lake Marion Association and Resolution No. 97-177 accepting a donation from Menasha Corporation. • Roll call was taken on the motion. Ayes Sindt, Mulvihill, Holberg, Johnson, Zaun. UNFINISHED BUSINESS None. NEW BUSINESS Councilmember Mulvihill asked about the possibility of installing flood gates in the drainage ditch on the west side of Cedar Avenue at 167th Street to avoid flooding in that area. Councilmember Mulvihill stated it was her understanding that the County is planning to move the recycling center#rom its current location in Burnsville to an area that is not as centrally located within the county. 97.140 Motion was made by Mulvihill, seconded by Sindt to request that staff provide information on the two aforementioned issues. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 1997 PAGE 9 • ANNOUNCEMENTS: Next regular Council meeting, August 18, 1997 Council work session, August 6, 1997 Mayor Zaun adjourned the meeting at 8:55 p.m. Respectfully submitted, Charlene Friedges, y Clerk G.u~...~ Duane Zaun, May •