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HomeMy WebLinkAbout03-03-97 . 's CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 .The meeting was called to order at 7:00 p.m. by Acting .Mayor Sindt. The pledge of allegiance to the flag was given.. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill. and Holberg. Absent: Mayor Zaun. Also present: R. Knutson, City Attorney; B. 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; p. Volk, Director of Operations & Maintenance; B. Christensen, Fire Chief;. D. Morey, City Planner; F. Dempsey, Associate Planner; C. Friedges, City Clerk. MINUTES The minutes of the February 18, 1997, Council meeting and the January 13, 1997, Council work session were approved as presented. STAFF ANNOUNGEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a correction to the planning report for Agenda Item 9. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the February, 1997, Monthly Activities Report of the Operations & Maintenance Department. FIRE CHIEF: Chief Christensen presented the 1996 Fire Department Annual Report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Police Officers Richard Hakanson and Brian Mixdort and administered the oaths of office to the two new officers. S CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 2 • Chief Martens introduced Pastor Barbara Linder, the new Police Chaplain. He also acknowledged the work. of Chaplains Ron Maynard and Mark Bellows and introduced Chaplain Mark Bellows. CITIZENS' COMMENTS. None. CONSENT AGENDA 97.47 Motion was made by Holberg, seconded by Mulvihill to approve the consent agenda items as follows: a .Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, February 20, 1997 Parks & Recreation Committee, February 19, 1997 Environmental Affairs Committee, February 18, 1997 c. Resolution No. 97-36 designating Foliage Avenue between 160th Street • and Dodd Boulevard as a municipal state aid roadway. d. Resolution No. 97-37 exempting noise mitigation requirements for reconstruction of Pilot Knob Road, Improvement Project 95-4. e. Resolution No. 97-38 approving plans and specifications and setting a bid date for reconstruction of Lift Station No. 7, .Improvement Project 95-10. f. Resolution No. 97-39 receiving feasibility report and calling a public hearing for District 2B sealcoating, Improvement Project 97-2. g. Traffic Signal Agreement No. 97-01 with Dakota County for a signal at the intersection of County Road.46 and Kenrick Avenue and at County Road 46 and-lpava Avenue, <Improvement Projecf 97-4. h. Trunk sanitary sewer credits for Kingsley Cove 2nd Addition. i. First Amendment to Lease Agreement with Budget Oil Company concerning Liquor Store #1 lease at 20180 Dodd Boulevard. j. Resolution No. 97-40 amending the 1997 Schedule of Fees. • CITY OF tAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 3 k. Resolution No. 97-41 amending the 1997 Sanitary Sewer Utility Fund Budget. I. Resolution No. 97-42 setting water and sanitary sewer rates. m. Resolution No. 97-43 adopting the 1997 and 1998 Trail Dedication Fund Budget. n. Resolution No. 97-44 amendingthe 1994 Park Referendum Fund Budget. o. Resolution No. 97-45 authorizing a transfer from the Escrow Fund to the Trail Fund. p. Resolution No. 97-46 approving and amending the February, 1:996, Capital Improvement Plan for 1996-2000. q. Temporary Construction Easement Agreement with James F. and Alice Larsen for 175th Street right-of-way. r. Resolution No. 97-47 establishing application fee, investigation fee and license fee for tattoo and body piercing businesses and approve license • application. s. Resolution No. 97-48 receiving .bids and awarding contract for the purchase of a 580-D rotary mower. t. Resolution No. 97-49 vacating a drainage and utility easement in Kabot Cove. u. Resolution No. 97-50 authorizing vehicle weight restrictions on City streets. v. Resolutions No. 97-51, 97-52 and 97-53 accepting donations from the Lakeville Lions,-Friedges_Landscaping, Inc. and DARTS to the Parks & Recreation :Department. w. Hypointe Crossing 6th Addition final plat extension, (1$ lots no later than July 8, 1997; and the remaining 40 lots no later than June 1, 1998). x. Resolution No. 97-54 calling a public hearing on the proposed modification of Airlake Redevelopment Project No. 1 and establishment of TIF District 17. • y. Lakeview Estates 3rd Addition final plat extension, (August 4, 1997). CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 4 z. Ordinance No. 598 amending Title 3 of the Lakeville City Code concerning licensing persons who administer massages. Roll call was taken on the motion. Ayes, Johnson, Sindt, Mulvihill, Holberg. ITEM 8 Mr. Tom Crouch., representing T.N.C., Inc., requested Council approval of the preliminary and final plat of Raven Lake Second Addition. Mr. Morey presented the preliminary and final plat of Raven Lake Second Addition, which consists of 29 single family residential lots on the east side of Kenwood Trail, north of 185th Street. He explained that the plat includes additional land not included in the Raven Lake preliminary plat. This land includes an existing single family. home owned by the Gundersons and property acquired by the City in 1995 for the C.S.A.H. 50 improvement project. This land provided for five additional single family lots. • Mr. Morey explained that the developer is also requesting the vacation of a drainage and utility easement in the northeast corner of the plat currently described as Outlot A, Woodridge Estates 4th Addition. The developer is proposing to vacate the entire drainage and utility easement and dedicate a new drainage and utility easement over the existing wetland, as shown on the Raven Lake Second Addition final plat. The developer has reached an agreement with the Northwestern Bell Telephone Company to relocate an easement that bisects Lots 5-7, Block 9, to the rear of these three lots. The developer has also reached an agreement with Minnegasco to reduce a blanket pipeline easement to a 100 foot width. Because the City is fee owner of Outlots B and C, the City needs to be a signatory to the Minnegasco easement. The development of Raven Lake Second Addition includes the extension of Jaguar Path to intersect with CSAH 50. This will .provide a much needed additional street outlet for the Oak Hills and Oakridge Heights subdivisions. The developer is requesting a cul-de-sac street length variance for Jarl Court, because the wetland located within Outlot B, the adjacent property to the north and CSAH 50 limit through street connections. Jarl Court is approximately 578 feet long. The Planning Commission recommended approval of the preliminary and final plat of Raven Lake Second Addition, the easement vacation and cul-de-sac. • street length variance, subject to 17 stipulations listed in the February 14, 1997, CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 5 • planning report, with an amendment to Stipulation No. 9 and the addition of Stipulation No. 18 (see planning report dated. February 28, 1997). Councilmember Johnson asked when the Jaguar Avenue access off of CSAH 50 will be completed.. Mr. Morey indicated that the access needs to be completed before street and utility construction can take place within the plat. Councilmember Holberg asked fthere is a right turn-lane on north bound Highway 50. The City Engineer stated he believes there is. Councilmember Mulvihill asked if the proposed cul-de-sac radius is adequate for public safety vehicles. Mr. Erickson stated the cul-de-sac has been designed to accommodate the turning radius for public safety vehicles. 97.48 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the preliminary plat of Raven Lake Second Addition, Resolution No. 97-55 vacating drainage and utility easements, a variance for cul-de-sac (Jarl Court) street length and Resolution No. 97-56 approving the final plat of Raven Lake Second Addition and conveyance of City owned property. • Rolf call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson. ITEM 9 Mr. Steve Gaspers, Operating Manager. for Pro-Tech Automotive, requested Council approval of a conditional use permit to allow the construction of a minor auto repair facility and car wash on the south side of County Road 46, east of Glacier Avenue. The applicant, Tim Murphy, was not present. Mr. Dempsey stated the subject property, a 2.8 acre parcel, is located in Dakota Plaza .Second Addition and is .zoned B-3, Auto Oriented Business District. The zoning ordinance criteria for this type of use has been reviewed by the Planning Commission,-and the_:proposed use meets all requirements. Mr. Dempsey stated the applicant has placed a high attention to detail onthe building design, site layou# and natural amenities. A berm and landscape screening is scheduled for completion in the spring of 1997 and will provide screening from the single family homes to the south. The Pro-Tech Auto site landscaping will provide screening of the building and parking lot from the future commercial use to the east. Mr. Dempsey explained that the applicant has submitted a revised building elevation plan which eliminates an Xpress Lube sign on the west side of the • building. He has also submitted a revised sign plan for the monument sign and proposed canopy sign (see Frank Dempsey's memo dated February. 25, 1997). CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 6 • Stipulation "d" of the conditional use permit was amended to require that a freestanding light standard be installed in the south parking lot to address concerns raised by area residents. Mr. Murphy has agreed to that stipulation. Mr. Dempsey explained that the car wash is proposed to be a service to Pro- . Tech Automotive customers and is not intended to be advertised and available to the general public. The Planning Commission recommended approval of the conditional use permit with two additional stipulations limiting-hours of operation and prohibiting use of the auto vacuum cleaner during non-business hours. Mr. Dempsey indicated that Mr. Murphy is concerned that limiting the hours of operation as recommended by the Planning Commission could restrict his ability to compete with other similar auto repair and service facilities in the area. He is requesting that .hours of operation. not be limited and that the stipulation be stricken. from the conditional use permit. Councilmember Holberg stated she would hesitate to .place restrictions on the hours of operation, as it goes beyond the City's guidelines for this type of use. She recommended eliminating Condition #10 from the conditional use permit. . Councilmember Johnson agreed that Condition#10 should be eliminated. Mr. Erickson explained that there were no concerns from residents at the public hearing regarding the hours of operation. He pointed out that the City Code allows less restrictive hours of operation for major automobile businesses than what was recommended by the Planning Commission for Pro-Tech Automotive. 97.49 Motion was made by Holberg, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a minor automobile repair facility and car wash on Lot 1, Block 1, Dakota Plaza Second Addition, with the elimination of Stipulation No. 10 concerning hours of operation. -Roll call was taken on he motion. Ayes, Mulvihill, Holberg, Johnson, Sindt. ITEM 10 Mr. John Prinz and Mr. Jim Render of Stonebriar Corporation requested Council approval of the preliminary plat of Highview Hills. Mr. Morey presented the preliminary plat of Highview Hills, which consists of 44 . single family residential lots located on the west side of Highview Avenue at CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 7 • 168th Street. The preliminary plat is proposed to be developed in one phase with a density of 1.08 lots per acre. The developer is also requesting the vacation of a watermain easement that bisects the preliminary plat property. The watermain easement to be vacated will be re-dedicated to the City as a drainage and utility easement on the Highview Hills final plat. The Highview Hills preliminary plat includes four outlots. The Highview Hills developer and Messiah Lutheran Church representatives have agreed to a land trade whereby a portion of the proposed Outlot D would be swapped for a portion of Outlot A, Messiah Lutheran Church Addition, so that the proposed Outlot D and the adjacent future lot within Outlot A can be platted to create additional single family lots. Mr. Morey stated that. Messiah Lutheran Church representatives have agreed to dedicate. an easement for the extension of Interlachen Boulevard, provided the developer pay the entire cost of constructing Interlachen Boulevard and provides the church with individual sanitary sewer and water services to the three future lots shown on the Highview Hills. preliminary plat. • Mr. More ex lained that a etition was submitted from residents of the H oint Y p p Yp e Crossing neighborhood requesting a small neighborhood park with playground equipment for younger children. 97.50 Motion was made by Johnson, seconded by Holberg to receive a petition from residents requesting a tiny tot park in the southeast area of the Highview Hills development, and a letter from Edward T. Bugaj in opposition to the proposed development of Highview Hills. Roll call was taken on the motion. Ayes, Holberg, Johnson, Sindt, Mulvihill. Mr. Michaud explained that the Parks & Recreation Committee reviewed the request for a tiny #ot park in he Highview Heights development and -recommended a cash contribution'to satisfy the developer's park dedication requirements, considering the abundance of park property, school property playgrounds and trails in this immediate area. (See Parks & Recreation Director's memo dated February 25, 1997.) 97.51 Motion was made by Holberg, seconded by Johnson to approve the preliminary plat of Highview Hills. Roll call was taken on the motion. Ayes, Johnson, Sindt, Mulvihill, Holberg. i CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 1997 PAGE 8 • UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next regular Council meeting, March 17, 1997. Acting Mayor Sindt adjourned the meeting at 8:35 p.m. Respectfully submitted, Charlene Friedges, Cit Clerk /~d~~ etty indt, Acting Mayor • •