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Home My WebLink About03-18-96 CITY OF LAKEVILLE COUNCIL MEETING MARCH 18, 1996 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: 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; C. Friedges, City Clerk. MINUTES The minutes of the March 4, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY None ENGINEER None ADMINISTRATOR Mr. Erickson presented a letter from Airlake Development, Inc. requesting that Item 12 be tabled until the April 1st Council meeting;. Mr. Erickson asked the Council to consider, under New Business, setting a work session. PARKS & RECREATION. DIRECTOR Mr. Michaud presented the February, 1995, Parks & Recreation Department monthly report. CHIEF OF POLICE Chief Martens presented the 1995 Police Department Annual Report. PRESENTATIONS/INTRODUCTIONS Police Chief Martens introduced Officers Tom Vonhof and Tom Hakala, who were recently promoted to the rank of Sergeant. CITY O F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 2 Police Chief Martens introduced Officer Steve Strachan, the new School Resource Officer. City Engineer Keith Nelson introduced Mike Leopold, the new GIS intern. Ms. Beth Widstrom-Anderson, President of the Minnesota Government Finance Officers Association, presented a Certificate of Achievement for Excellence in Financial Reporting to the City of Lakeville. Mayor Zaun and Finance Director Dennis Feller accepted the certificate on behalf of the Finance Department.. Mike Pocker, Lieutenant/Commander of the United States Navy, presented a plaque to the City Council for the Lakeville Government Channel's airing of Navy/Marine. News. Mayor Zaun read a proclamation proclaiming the week of March 17-23 as Camp Fire Birthday Week in recognition of the Camp Fire National Organization celebrating its 86th birthday. Several Camp Fire members and their leader, Michelle Stiff, were present to accept the proclamation. 96.39 Motion was made by Mulvihill, seconded by Johnson to proclaim the week of March 17-23 as Camp Fire Birthday. Week. Roll call was taken. on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,. Holberg. CITIZENS' COMMENTS None. CONSENT AGENDA 96.40 Motion was made by Johnson, seconded by Sindt to approve the consent agenda items as follows: a. C1airns for payment. b. February Investment Report. c. Receive minutes of the following advisory committee meetings: Cable N Board, February 13, 1996 Parks & Recreation Committee, March 6, 1996 • Environmental Affairs Committee, March 5, 1996 Planning Commission, March 6, 1996 CITY O F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 3 d. Final acceptance of improvements and final payment for Pumphouse No, 10, Improvement Project 94-9B. e. Trunk sanitary sewer, trunk watermain and street improvement credits for Kenwood Oaks Second Addition. f. Final acceptance of utility improvements, Crystal Lake Golf Estates 5th Addition. g. Authorize submittal of Twin Cities Water Quality Initiative Grant. h. Service Agreement with Kerr Transportation Services, Inc. to perform drug and alcohol testing and record keeping. i. Resolution No. 96-34 adopting drug and alcohol testing. policy for commercial vehicle drivers. j. Telephone. Hotline Support and Software Maintenance Agreement with Nine One One, Inc. k. D.A. R. E. Services Agreement with School District: No. 196. I. Contract for Services with Jeff Reisinger Lawn Care Services. m. Farm lease with Michael Streiff and Michael Streiff, Sr. for 3 acres east of Cedar Avenue and south of Toro. n. Farm lease with Robert J. Berres for 10 acres on the east side of Aronson Park. o. Resolution No. 96-35 accepting a donation from St. John's Lutheran Church to the Parks & Recreation Department. p. Resolution No. 96-36 accepting a donation from Lakeville Jaycees to the Parks & Recreation Department. q. Resolution No. 96-37 authorizing spring weight restrictions. r. Resolution. No. 96-38 authorizing the sale of surplus vehicles. • s. Resolution No. ~-39 approving a gambling permit for Ducks Unlimited- . Burnsville Chapter. t CITY O F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 4 • t. Authorize installation of restroom facilities in the changing rooms at Lakeville Ames Arena Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 8 Mayor Zaun opened the public hearing on the reconstruction of Jaguar Avenue from 165th Street to 162nd Street, including sanitary sewer and watermain, Improvement Project 95-9. The City Clerk attested to legal notices being duly published and mailed. The City Engineer presented the proposed project. He explained that Jaguar Avenue from 165th.. Street to 162nd_Street is currently atwo-lane gravel roadway and is designated a minor arterial roadway. When the I-35/County Road 46 interchange opens, it is anticipated that traffic will increase substantially on Jaguar Avenue. Mr. Nelson stated an eight-inch sanitary sewer extension will provide lateral sanitary sewer benefit to the adjacent properties. City staff will' work with the adjacent property owners to determine the appropriate .locations #or service stubs and. future lateral. extensions. Mr. Nelson explained that the City needs to acquire right-of-way from three property owners in order to shift the roadway to the west. However, City staff hopes to minimize any right-of-way acquisition. costs by turning some portions of the old right-of-way back to the property owners. The total estimated project cost is $408,090, of which $255,498 is proposed to be assessed to the benefiting property owners. The project is expected to begin in May, and the final wear course will be constructed in 1997. Therefore, the public assessment hearing will not be held until the fall of 1.997. Mr. Feller indicated that the proposed assessment is for 20 years at eight percent interest. Property owners 65 years of age or older may apply for a senior citizen deferment. Mr. Paul- Wachtler, 10139-165th Street West, asked about the location of the tie box for the sewer connection, whether the old road bed will be filled in to a level consistent with the rest of the property, a row of small oak trees that he would like to see preserved, and whether the natural gas line will connect to his property. i CITY 0 F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 5 Mr. Nelson stated the project inspector will be contacting property owners prior to installation of the sanitary sewer to determine the location for the tie boxes; the old- road bed will be restored; the oak trees on the east side of the existing road will be preserved, and the natural gas line is proposed to be extended. 96.41 Motion was made by Johnson, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. 96.42 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 96-40 ordering public improvement and preparation of plans and specifications for reconstruction of Jaguar Avenue from 165th Street to 162nd Street, including sanitary sewer and watermain; and Resolution No. 96-41 authorizing acquisition of property, Improvement Project 95-9. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, .Johnson, Zaun, Sindt. ITEM 9 Mayor Zaun opened the public hearing on the application of Twin Cities Stores, Inc., dba Oasis Market, for anon-intoxicating malt liquor license at the former Brook's Market at 16(?OO Cedar Avenue.- The City Clerk attested that the legal notice was duly published. Chief Martens indicated that Twin Cities .Stores, Inc. already holds an off-sale non-intoxicating malt liquor license at their 167th Street and Cedar Avenue store. The corporation and its officers are in good standing, and background checks have been conducted. on the manager. Real estate taxes are paid in ..full on the property, and a certificate of insurance has been submitted. Staff recommends approval There were no public comments. 96.43 Motion was made by Sindt, seconded by Johnson to close the public hearing. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ~ + , CITY O F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 6 • 96.44 Motion was made by Mulvifiill, seconded by Johnson to grant an off-sale non- intoxicating malt liquor license to Twin Cities Stores, Inc., dba Oasis Market, 16000 Cedar Avenue. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 10 Mr. Marvin Teal requested Council consideration of a conditional use permit to allow the construction of a detached accessory building in excess of 1,100 square feet in area and 15 feet in height at 20476 Hamburg Avenue. Mr. Sobota explained that the conditional use permit would allow the construction of an addition to an existing oversized detached accessory building, which was constructed.. in 1988 without a conditional use permit. The proposed conditional use permit would bring the non-conforming accessory building into conformance with the zoning ordinance. Staff recommends approval • Councilmember Johnson asked why a conditional use permit was not granted when the garage was originally built. Mr: Sobota stated it had apparently been an oversight by the City's building inspection department. 96.45 Motion was made by Johnson, 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 detached accessory building in excess of 1,100 square feet in area and 15 feet in height at 20476 Hamburg Avenue. Roll call was taken on the .motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 11 Mr. Tim Skoog requested Council consideration of a variance from the ordinary high water level of Orchard Lake to allow the construction of an addition and a new attached garage onto his existing home located a# 11960-168th Street West. Mr. Sobota explained that the site plans submitted with the variance • application include the removal of an existing dilapidated detached garage and separate living space, removal of a portion of the existing non-conforming r, CITY 0 F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 7 • deck, and the construction of an additional attached living space and a new attached three car garage. This will reduce the existing non-conformity. A portion of the new construction will not meet the required 75 foot setback from the Ordinary High Water Level of Orchard Lake, therefore,. a variance is required. Staff recommends approval of the variance. 96.46 Motion was made by Mulvihill, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve a setback variance from the ordinary high water level of Orchard Lake to allow the construction of an addition onto an existing single family dwelling at 11960- 168th Street West. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 12 96.47 Motion was made by Sindt, seconded by Mulvihill to table, at the request of the applicant, .consideration. of_the preliminary and final. plat. of Airlake Development Second Addition and a conditional. use permit to allow. . impervious surface coverage in excess of 25°~ until the April 1, 1996, City Council meeting. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, .Zaun, Sindt. ITEM 13 Mr. Lyle Anderson, Trustee for Trinity Evangelical Free Church, requested .Council consideration of an extension to their conditional use permit for: construction of an off-site parking area in the northwest corner of Klamath Trail and Kenwood Trail Mr. Sobota explained that the church is requesting a one year extension to Conditional Use Permit (CUP) No. 95-03 for construction of a parking lot. Church officials have stated that they will not be able to construct the parking lot until an equitable settlement has been reached with Dakota County regarding damages to the church property from road construction activities.. He went on to explain that rather than a one year extension, the Planning Commission and staff are recommending the conditional use permit be extended to November 1, 1996. If the parking area is not constructed by this . date, CUP 95-03 would expire. r CITY O F LAKEVILLE COUNCIL MEETING MARCH 18, 1996 PAGE 8 Councilmember Sindt stated that she would not be in favor of granting a future extension based on the issue between the church and the county. Mr. Erickson clarified that the issue between the church and the county, in and of itself, would not warrant granting a variance. However, staff recognizes the need for additional parking, especially in relation to the opening of County Road 46 this fall 96.48 Motion was made by Johnson, seconded by Sindt to adopt the Findings of Fact and Recommendation and grant an extension of Conditional Use Permit No. 95-03 for Trinity Evangelical Free Church until November 1, 1996. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS.. None.... NEW BUSINESS 96.49 Motion was made.by Mulvihill, seconded by Johnson to set a Council work . session for Monday, April 1 st_to'begin immediately following the City Council meeting {approximately 8:30. p.m.) Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. 96.50 Motion was made by Sindt, seconded by Mulvihill to appoint Councilmember Holberg to the Downtown Business Association. Roll call was taken on the motion,. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ANNOUNCEMENTS Next regular Council meeting, April 1, 1996 Council Retreat, March 23, .1996 Mayor Zaun adjourned the meeting at 8:25 p.m. Respectfully submitted, • CITY O F LAKEVILLE COUNCIL MEETING MARCH 18, 199fi PAGE 9 Charlene Friedges, i Clerk Duane Zaun, May • •