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HomeMy WebLinkAbout11-04-96 ~ f .r CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 The meeting was called to order at 7:00 p.m. by Mayor Zaun. Boy Scout Troop 235 presented the colors and lead the pledge of allegiance to the flag. Roll call was taken. Present: Councilmembers Johnson, Sindt, Holberg and Mayor Zaun. Absent: Councilmember Mulvihill 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; D. Volk, Director of Operations & Maintenance; D. Krings, Chief Building Official; C. Friedges, City Clerk. MINUTES The minutes of the October 21, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson reported that he recently met with the Dakota County Physical Development Committee, and they have agreed to amend the County's Capital Improvement Program, based on a recommendation from the County Engineer, to include signals at County Road 46 and Ipava Avenue and at County Road 46 and Kenrick Avenue. ADMINISTRATOR: Mr. Erickson provided a resolution for Agenda Item 12. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the monthly report for the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS: Ms. Jenny Vucinovich, President of the Lakeville High School DECA, outlined several events planned by the group for Muscular Dystrophy Awareness Weekand requested the City Council proclaim November 4-9 as Muscular Dystrophy Awareness Week in Lakeville. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 2 96.175 Motion was made by Johnson, seconded by Sindt to proclaim November 4-9 as Muscular Dystrophy Awareness Week in Lakeville. Roll call was. taken on the motion. Ayes, Johnson, Zaun, Sindt, Holberg. Mr. Krings introduced Tom Gray, Building Inspector. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers added Items 8 and 13 to the consent agenda. 96.176 Motion was made by Sindt, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, October 17, 1996 . Environmental Affairs Committee, October 15, 1996 c. Resolution No. 96-.186 authorizing execution of sub-grant agreement with the Division of Emergency Management in the Minnesota Department of Public Safety. d. Agreement with Springsted, .Inc. for continuing disclosure and/or arbitrage and rebate monitoring. e. Acceptance of improvements and. final payment for 1995 overlay improvements, Improvement Project 95-3. II f. Receive and adopt revised text for South Creek Drainage District Comprehensive Stormwater Management Plan. g. Acceptance of improvements and approve final payment for well collection and trunk watermain for water treatment plant, Improvement Project 94-12. h. Finat acceptance of utility and street improvements, Hypointe Crossing 4th Addition. i. Final acceptance of utility improvements for All Saints Catholic Church. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 3 • j. Resolution No. 96-187 accepting donation from the Lakeville Lakeside Lions to Meals on Wheels. k. Resolution No. 96-188 amending the Park Bond Fund Budget. I. Resolution No. 96-189 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $2,025,000 General Obligation Improvement Refunding Bonds, Series 1996C. m. Resolution No. 96-190 accepting donation from St. John's Lutheran Church to Meals on Wheels. n. Resolution No. 96-191 accepting donation from Sons of Norway to the Senior Center. o. Resolution No. 96-192 authorizing staff to .inquire about funding, maintenance and upkeep for a potential boarding dock at Casperson Park. i p. Resolution No. 96-193 establishing a snow removal policy for the downtown district. q. Contract for snow removal services with Eureka Sand & Gravel. r. Ordinance No. 587 amending Title 2, Chapter 1, of the Lakeville City Code concerning the Planning Commission. s. Resolution No. 96-194 requesting change of street names. t. Resolution No. 96-195 setting uniform attendance requirement and appointing alternates for advisory boards, commissions and committees established by the City Council 8. Resolution No. 96-196 approving the final plat of Golden Pond 3rd Addition. 13. Resolution No. 96-198 electing to continue participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. . Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Johnson. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 4 ITEM 9 Mr. Tom Osterberg, representing Schneiderman's Furniture, requested Council approval of a planned unit development conditional use permit amendment to allow a warehouse expansion at their business in Southfork Center. Mr. Sobota stated the proposed 27,490 square foot warehouse expansion will be located at the rear of their existing 65,300 square foot furniture store. The expansion area will be utilized for furniture storage and distribution to other Twin Cities area Schneiderman's Furniture stores. The proposed addition will not include any retail space. Mr. Sobota explained that a planned unit development conditional use permit was established in 1989 when the Southfork Center property was subdivided. A private easement was established for shared driveway access. Schneiderman's Furniture representatives have submitted a revised site plan and confirmed that truck turning movements from the proposed warehouse expansion loading dock area can be completed within the shared driveway access. Mr. Sobota stated the applicant is also requesting a parking deferment of 78 parking spaces that could be constructed in the future if parking demand exceeds current supply. The owners of Schneidermans Furniture plan to sign a 15-year lease for the building with this warehouse expansion. However, staff is concerned that a solid retail use of this building in the future would not .meet parking requirements. Therefore, staff is recommending that any future retail use of the expanded building not be allowed if it requires parking spaces in excess of available supply. Staff recommends approval of the planned unit development conditional use permit amendment. Counc(Imember Johnson asked if additions truck traffic is anticipated with the expansion. Mr. Osterberg stated they expect one or two additional trucks daily, with a maximum of six to seven additional trucks per week. 96.177 Motion was made by Johnson, seconded by Holberg to approve a Planned Unit Development Conditional Use Permit Amendment for Schneiderman's Furniture, 17630 Juniper Path. Roll call was taken on the motion. Ayes, Sindt, Holberg, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 5 ITEM 10 Mr. Harlan Miller requested Council approval of a conditional use permit to allow construction of an oversized detached accessory building on his property located at 9805 Iteri Court East. Mr. Sobota explained that City ordinance allows 1,100 square feet of .accessory building area without a conditional use permit. Mr. Miller is proposing a total accessory building floor area of 3,220 square feet. He explained that Mr. Miller's parcel of property is 3.5 acres. He plans to use the additional accessory building to store personal equipment. No water, sanitary sewer or gas service is proposed to be made available to the building.. The building materials would be compatible with the existing home. Staff recommends approval of the conditional use permit. 96.178 Motion was made by Sindt, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a detached accessory building at 9805 Iteri Court East. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt. ITEM 11 Mr. Derrick Passe of Passe Engineering, representing Peter Sampair, requested Council approval of the preliminary plat of Tarry Creek. Mr. Morey presented the preliminary plat of Tarry Creek, which consists of 57 single family residential lots on land located on the east side of Highview Avenue, south of 160th Street. The developer has also submitted an application for lot area and width variances for four corner lots that abut Griffon Trail Mr. Morey outlined the three phases of construction proposed for the Tarry Creek plat. He explained that three lots have exclusive frontage on major collector Griffon Trail. The Assistant City Engineer has reviewed the preliminary plat and recommends the three driveway accesses on Griffon Trail, consistent with zoning ordinance requirements. Driveway accesses for the seven corner lots abutting Griffon Trail will be on the local streets serving them. There wilt be no driveway access on Highview Avenue. . The Planning Commission held a public hearing on the request for variances on the four corner lots along Griffon Trail from the provision requiring CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 6 additional lot width for buffer corner lots abutting a major collector. Mr. Morey indicated that the Planning Commission's Findings of Fact and Recommendation site that these lots will be consistent with the corner lots in the subdivisions to the east of Griffon Trail. The corner lots in the Tarry Creek subdivision, even with the variances, will be larger than most, if not all, the corner lots that exist east of this subdivision. Outlots A and B are located on the west side of the preliminary plat and cover the wetland that bisects the subject property. Outtots A and B will be deeded to the City with the final plat of Phase 1. The development of Tarry Creek includes the extension of Griffon Trail to Highview Avenue. The entire Griffon Trail/165th Street major collector corridor will be completed when the ten acre parcels located across from Tarry Creek on the west side of Highview Avenue develop and 165th Street is extended from its current terminus in Hypointe Crossing. There is one large eight acre wetland located within the preliminary plat boundaries. A portion of the wetland is proposed to be filled primarily for the extension of Griffon Trail. The Minnesota Board of Water & Soif Resources will not allow 1 to 1 wetland mitigation as recommended by City staff; therefore, 2 to 1 wetland mitigation is required. The City will consder utilizing its wetland bank to meet a portion of the 2 to 1 wetland mitigation requirements for this plat. Mr. Morey explained that the exact location of Griffon Trail was established years ago when the City purchased the right-of- way, which sets the pattern for development of this subdivision. The Planning Commission unanimously recommended approval of the preliminary plat of Tarry Creek, subject to 18 stipulations. Staff recommends approval Councilmember Sindt stated she has some concern with allowing variances on the four corner lots along. Griffon Trail. She stated she feels the new rules for lot width should apply to this development. Mr. Morey explained the consistency that needs to be followed with in-place development to the east, and pointed out that when Griffon Trail was established, it was not designated a major collector roadway as it is today. Mr. Erickson explained that when the City acquired right-of-way for Griffon Trail several years ago, the wetland conservation act was not in place. The requirement of a 2 to 1 mitigation poses an additional hardship on the developer. The City is trying to step in and help out, since it was not the CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 7 developer's fault that the City purchased the right-of-way in this location. Mr. Erickson thanked Mr. Passe for attempting to achieve a feasible plat that meets all of the City's current ordinance requirements. Councilmember Johnson asked if staff feels that granting variances on these four lots would set a precedent. Mr. Erickson stated. staff feels comfortable with granting these variances. Councilmember Holberg asked whether the Tarry Creek developer has. control over the land remnants located on the north and south sides of the plat. Mr. Passe explained that Mr. Sampair is working with the two property owners to include these land remnants as lots in the Tarry Creek preliminary plat. If negotiations with the two property owners are not successful, the lots in the preliminary plat that include the land remnants would become outlots on the final plat. Mayor Zaun asked staff to identify a premature subdivision and comment whether this preliminary plat fits that description. Mr. Morey stated staff does not feel that this is a premature subdivision, given the criteria listed in the subdivision ordinance and the fact that the developer is willing to fund the construction of Griffon Trail 96.179 Motion was made by Johnson, seconded by Holberg to receive the Planning Commission`s Findings of Fact and Recommendation and approve the preliminary plat of Tarry Creek. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Holberg. ITEM 12 Steve Michaud presented a resolution authorizing the purchase of a 27 acre tract adjacent to the southeasterly side of Ritter Farm Park. The City would purchase this property for $220,000 from the Ramberg and Miner families using bond referendum funds that were originally set aside to acquire the northeast sector community park. If acquisition of the northeast sector park property occurs at a later date, park dedication funds would be used. Mr. Jeff Larson, Parks & Recreation Committee member, stated the Committee unanimously supports the purchase of this property. He stated most people think this land is already part of the park. Councilmember Sindt asked what the property is zoned. Mr. Erickson stated the land is zoned R-7, high density residential. He explained that this CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 4, 1996 PAGE 8 purchase was prompted by a family member who came forward and offered the land to the City at a very favorable price, because the families have a strong interest in preserving this land for park use. 96.180 Motion was made by Holberg, seconded by Sindt to approve Resolution. No. 96-197 authorizing purchase of real property for public park purposes; source of funding for acquisition and acquisition of future park site. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Johnson. ITEM 14 96.181 Motion was made by Johnson, seconded by Sindt to set a Council work session for November 14, 1996, at 5:00 p.m. Roll call was taken on the motion. Ayes, Sindt, Holberg, Johnson, Zaun. UNFINISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS Next regular Council meeting, November 18, 1996. Mayor Zaun adjourned the meeting at 8:27 p.m. Respectfully submitted, Charlene Frie es, Ci y Jerk Duane Zaun, M r •