Loading...
HomeMy WebLinkAbout03-04-96 r' CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 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. Volk, Director of Operations & Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the February 20, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: Mr. Nelson reported that the construction crew for the County Road 46 interchange will start setting beams across I-35 at midnight tonight. ADMINISTRATOR: None. DIRECTOR OF OPERATIONS ~ MAINTENANCE: Mr. Volk presented the February, 1996, monthly report of the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS Lakeville Hockey Association President Rick Dale and Gambling .Manager. Marsha Hanson presented a check to the City of Lakeville in the amount of $90,526. Mr. Dale explained that the Gaming Revenue Agreement requires the Lakeville Hockey Association to remit to the City of Lakeville $70,000 per year plus 90% of its pull tab revenue in excess of $70,000 per year. The revenue is pledged to the repayment of the debt on -the ice arena lease revenue bonds. Councilmember Johnson asked what future projects are planned for the ice arena. Mr. Dale stated the first major project anticipated. is the installation of permanent bleachers. CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1996 PAGE 2 Mayor Zaun asked City stafF to request information from the State Gambling Commission on actual receipts generated within the City and surrounding area through pull tab operations. CITIZENS' COMMENTS None. CONSENT AGENDA 96.34 Motion was made by Johnson, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: • Ice Arena Advisory committee, February 21, 1996 • Planning Commission, February 15, 1996 • Parks. & Recreation Committee, February 21, 1996 • EnvironmentaF Affairs Committee, February 13, 1996 c. Trunk watermain and trunk storm sewer credits for Greenwood Estates. d. Final acceptance and final payment for street and utility improvements, improvement Project 93-5. e. Special Assessment Agreement with North Creek Company for reconstruction of Pilot. Knob Road, Improvement Project 95-4. f. Resolution No. 96-29 authorizing installation of a four-way stop at the intersection of CSAH 9 (Dodd Boulevard) and CSAH 70 (215th Street). g. Final acceptance and final payment for District 2A sealcoating, improvement Project 94-8. h. Resolution No. 96-30 authorizing sale of surplus telephone equipment. i. Receive application from Twin Cities Stores, Inc., dba Oasis Market, for an off-sale non-intoxicating malt liquor license at 16000 Cedar Avenue and call a public hearing for March 1S, 1996. j. Authorize Southern Cruzers Car Club to use Antlers Park fora car. show on July 13, 1996. CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1996 PAGE 3 k. Resolution No. 96-31 amending the 1994 Park Bond Referendum Fund. Budget. I. Agreement. with SRF Consulting Group, Inc. for development of plans and specifications and construction services for Phase Two park bond referendum projects. m. Ordinance No. 570 amending Title 2, Chapter 1, of the Lakeville. City Code concerning the .Planning Commission. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 Mr. Bill Dolan, representing Great Oak Shores Joint Venture, requested Council approval of a Planned Unit Development-Conditional Use Permit amendment and building setback variance in Great Oak Shores Point. Mr. Sobota explained #hatthe requests are being made as the result of a surveying error that was discovered when an individual lot survey was being prepared in conjunction with a building permit application :for Lot 6, Block 2, Great Oak Shores Point. The surveyor incorrectly located the ordinary high water level (OHWL) of take Marion on the Great Oak Shores Point preliminary and final plat. The corrected OHWL reduces..the. size of the building-.pad area on Lots 3-6, Block 2. In order to regain some of the building pad area and achieve adequately sized building pads, the developer is seeking a PUDCUP amendment and building setback variance. Mr. Sobota stated that per staff's. recommendation, .the developer has provided a landscape plan for the west side of Lot 6, Block 2, adjacent to the #rail located within Outlot D. The proposed landscaping should provide a buffer screen in areas where there will. be few or no trees remaining between the house and. the adjacent trail. The Environmental Affairs Committee and Planning Commission reviewed the proposed PUDCUP amendment and variance and recommended approval. Councilmember Sindt stated she feels allowing this PUDCUP amendment and variance would set a precedent. She asked why the developer is not being asked to build the house in such a way to :conform with the ordinance requirements, rather than granting a variance. CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1996 PAGE 4 Mr. Sobota stated his staff met with the Inspections Department staff to look at alternative house styles for this lot. It was determined that it would be very difficult, without a variance, to place a house on this lot that would meet the minimum size requirements established by the covenants. Mr. Dolan indicated that the original plan was presented with a trail easement, which would have required no setback. Staff felt that it should be an outlot, which required the 20 foot setback. It was felt that since Lot 6 is an interior lot, the variance would be justified. Mayor Zaun asked if it could have been possible to move the trail so that the building pad could have been allowed without a variance. Mr. Sobota stated that by pushing the trail further to the west, it would increase the steepness of the slope, which would result in additional erosion to the wetland. Mr. Sobota also noted that a watermain was constructed on the outlot/Lot 6 property line, which would not allow the house pad to encroach. onto the easement for the watermain.... Also, given the existing grades and wetland boundary, it would have been. difficult to push the trail further to the west. 96.35 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a Planned Unit Development-Conditional Use Permit Amendment and a variance to allow a side yard building setback of 15 feet on the west side of Lot 6, Block 2, Great Oak Shores Point. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Holberg, Johnson. Nays, Sindt. Councilmember Sindt stated she feels the variance is not justified since the error was not made by the City; and that the situation could have been corrected by using a different house style that would fit the lot. ITEM 9 Mr. Lorn Manthey, Chairman of the Building Committee for Hosanna! Lutheran Church, requested Council approval of a resolution approving the preliminary and final plat of Hosanna Addition, an ordinance rezoning the subject property from R-7 to R-2 and B-2, and a conditional use permit to allow the construction of a church in an R-2, single family residential district. Mr. Sobota provided an overview of the proposed church expansion and relocation from Maple Island Road fn Burnsville to the northwest corner of 165th Street and Ipava Avenue. The new church. is proposed to be constructed in two • phases. The first .construction phase includes a 31,000 square foot church building with a 744 seat sanctuary, with classroom and office space. A future CITY OF LAKEVILLE COUNCIL MEETING .MARCH 4, 1996 PAGE 5 • construction. phase will add approximately 30,000 square feet to the church building, with 750 additional sanctuary seats .and additional paved parking spaces. The first development phase includes the construction of 163rd Street from .Ipava Avenue, directly across. from the north driveway access to Crystal lake. Elementary School, to just west of the main. driveway entrance to the church site. Hosanna! Lutheran Church representatives and the commercial property owners to the north have reached a written .agreement for sharing the cost of constructing 163rd Street. An agreement was also reached between church officials and the property. owner to the south regarding the time frame for .relocating the existing shed that encroaches onto the church property. Mr. Sobota indicated that the tree preservation plan shows a grove of oak trees on the west side of the site. The Environmental Affairs Committee recommended that Phase 2 plans be reviewed priorto development in an effort to save the oak trees. Staff recommends approval of the preliminary and final plat, rezoning and conditional use permit for .Hosanna!. Lutheran Church. Councilmember Johnson asked if the commercial zoning on the adjacent parcel is compatible with church activities. Mr. Sobota stated that staff feels the B-2 zoning, which is a neighborhood commercial zone, will be compatible. The property owner has suggested a low intense-use for this property, such as a child care center. Councilmember Johnson also asked if there will be any grade problems on the access road to 165th Street, The engineer for the church stated this secondary access was designed with a maximum grade of seven percent. Councilmember Holberg complimented the extensive landscape plan, and indicated her desire to save the existing stand of oak trees on the west. side of the parcel when Phase 2 is constructed. Councilmember Sindt asked if church officials plan to provide traffic control on Ipava Avenue. Mr. Sobota stated that the access onto 165th Street will disperse traffic off of Ipava Avenue. It is anticipated that when the Winkler property eventually develops, Ipava Avenue will have double left turn lanes. Mr. Manthey indicated that the church currently has a volunteer staff who monitor traffic at their Burnsville location, and they will continue to do so if needed at the new site. 96.36 Motion was made by Mulvihill, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve Resolution . No. 96-32 approving the preliminary and final plat of Hosanna Addition, Ordinance No. 571 rezoning the subject property from R-7 to R-2 and B-2, and a CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1996 PAGE 6 conditional use permit to allow the construction of a church in an R-2, single family residential district. Rohl call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 10 The City Engineer and Community & Economic Development Director presented for Council consideration a Major:Comprehensive Plan Amendment: Update of the 1979 Sewer Element of the Comprehensive Land Use Plan. They explained that the Metropolitan Council has agreed to eliminate the land bank, which staff feels has outlived its usefulness and is a bureaucratic and cumbersome approach to managing growth. With approval of the recommended plan, all areas within the Metropolitan Urban Service Area (MUSH) would become developable without a minor comprehensive plan amendment. Lakeville has a Premature Subdivision .Ordinance that does not allow growth to occur in an unplanned/unstaged scenario. The Metropolitan Council staff is supportive of this approach. Staff recommends approval. . Councilmember Johnson asked if.neighboring jurisdictions have been. notified of the sewer plan amendment. -Mr. Nelson stated.that the preliminary plan, as well as the final draft, was sent to all neighboring communities. The cities of Farmington, Apple Valley and Burnsville have submitted favorable comments to .the plan. Mayor Zaun recommended. that upon approval by the Metropolitan. Council, the plan, along with any correspondence we have received from our neighboring communities, be sent to the elected officials of those communities so that they may have an opportunity to review the document. Mayor Zaun asked ifthe school districts received a copy of the Comprehensive Sewer Plan for their review.. Mr, Sobota indicated that the information was shared with two of the school districts. Mayor Zaun asked staff to officially transmit the Comprehensive Sewer Plan. to School Districts 192, 194 and 196. for their comments. 96.37 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No~ 96-33 regarding certification of pre-review requirements for the City of Lakeville Comprehensive Plan: Comprehensive Sanitary Sewer Policy Plan (Mandatory Land Planning Act). CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1996 PAGE 7 Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 11 96.38 Motion was made by Sindt, seconded by Holberg to appoint Gerald Kowalke to the Planning Commission for the remainder of a term which will expire on January 1, .1998. Roll Gala was taken on the motion. Ayes,. Holberg, Johnson, Zaun, Sindt, Mulvihill UNFINISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS: Next regular Council meeting, March 18, 1996 Council work session, March 13, 1996 Mayor Zaun adjourned the meeting at 8:40 p.m. Respectfully submitted, Charlene Friedges, i y Clerk Dua a Zaun, Mayo