HomeMy WebLinkAbout10-02-95 4,
• CITY OF LAK VILE COUNCIL MEETING
O TOBER 2, 1995
The meeting was called to o der 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,
Harvey and Mayor Zaun.
Also .present: R. Knutson, City Attorney; B. Erickson, City Administrator; K.
Nelson, City Engineer; M. Sobota, Community & Economic Development
Director; S. Michaud, Parks & Recreation Director; D. Feller, Finance Director;
D. Martens, Chief of Police; C. Friedges, City Clerk.
MINUTES
The minutes of the September 18th .regular Gouncil meeting and the
September 13th special Council meeting were approved as presented.
STAFF ANNOUNCEMENTS
Attorney: None
.Engineer: Mr. Nelson provided copies of a letter from the City of Apple Valley
to Dodd Pointe residents regarding the installation of storm and sanitary sewer
pipes. He explained that after a number of unexpected delays, the project will
begin on October 3rd. Pipe installation is expected to be completed around
December 1st, with landscaping and restoration to be completed in July, 1996.
Administrator: Mr. Erickson provided copies of a Certification Deletion List
dated October 2, 1995, and copies of a payment (check) received this evening
from Ted and Doreen Parrish, 16075 Oak Shore Drive.
PRESENTATIONS/INTRODUCTIONS
Ms. Shannon Bailey presented a proclamation declaring October 12, 1995, as
Turn Off the Violence Day in Lakeville and encouraging support for the
Building Bridges...Peace by Peace campaign.
95.174 Motion .was made by Mulvihill, seconded by Harvey to Proclaim .October 12,
1995, as Turn Off the Violence Day in Lakeville and pledge to support and
• sustain violence .prevention efforts in our community.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
. PAGE 2
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
95.175 Motion was made by Sindt, seconded Johnson to proclaim October 1-7, .1995,
as Cities Week in Lakeville.
Roll calJ:was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
Mr. Erickson introduced the Cities Week observance. He explained that Cities
Week is a statewide celebration sponsored by the League of Minnesota Cities.
It provides an opportunity for people of all ages to learn more about city
government and the important contributions cities make to their communities.
The theme for this year's celebration is, "Cities Building Community".
Accompanied by a video, Mr. Erickson highlighted a number of 1995 City of
Lakeville projects and accomplishments.
Mayor Zaun stated that since 4984, the City of Lakeville has been contributing
10 percent of its net operating income from the Liquor Fund to .the #hree school
districts that serve Lakeville for use in their chemical awareness education
programs. Liquor Manager Judy Perron stated the 1995 allocation is $5.09 per
student, which is significantly higher than the 1994 contribution. She
presented checks to Mark Beltz, School District 192 ($4,201), Tom Coughlin,
School District 194 {$23,953) and Don Brundage, School District 196 ($9,612).
The following presentations were made in observance of Cities Week:
• Pat Carlberg, Lakeville Chamber of Commerce President, and Cindy
Johnson, Executive Director, .presented. certificates and thanked City staff
for its role in the joint community map project.
• Jim Robinette, Environmental Resources Director, presented notebooks
containing detailed information about Lake Marion, Kingsley Lake and
Orchard Lake to Wally Potter, representing Lake Marion homeowners, and
Chuck'Ramsbacher representing Kingsley Lake homeowners. Keith
Dobbs, representing Orchard;Lake homeowners, was not present.
• Lea Guenther, Public Information Coordinator, introduced Lakeville Area
Historical Society Officers and Board of Directors.
The following individuals received special recognition by the City Council
• Paul Baarson, retired principal at Parkview Elementary School, for his
• service to youth
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
PAGE 3
• Kirk Detlefsen and Clem Czerniak for coordinating the Nafional AAU 12 &
under baseball tourney
• Frank Schoeben and Dan Ahmann of the Chart House for civic
consciousness
• Steve Boerboon, Rick Dale, Tony McDonald, Jim. Morrow-and Mike Watters
for their role in spearheading the drive to build the Lakeville Ames Arena
• Gene Monson, former VFW Commander, #or sigrtficant contributions to the
community
• Lt. Clint Anderson and Lt. Greg Style, Medals of Merit for assisting with
handling of a suicidal male
• Bob Erickson for service as Vice President of the Municipal Legislative
Commission
Mayor Zaun recessed the meeting at 8:00 p.m. for a brief photo session and
reconvened at 8:10 p.m.
Ms. Deb Wendorf, representing McDonald's, presented a check in the amount
of $1,000 to the Parks & Recreation Department for the purchase of a dock
extension for the existing .Antlers Park youth fishing pier.
CITIZENS' COMMENTS None.
CONSENT AGENDA
95.176 Motion was made by Harvey, seconded by Johnson to approve the consent
agenda items as follows:
a. Claims for payment.
b. Receive minutes of the September 29, 1995, Planning Commission
meeting and the September 20, 1995, Parks & Recreation. Committee
meeting.
c. Resolution No. 95-202 appointing election judges for the November 7,
1995, Ci#y Election.
d. Resolution No. 95-203 authorizing the sale of certain real property to
Ryland Homes on behalf of Country Creek .Estates Homeowners, Inc.
e. Dance permit for All Saints Catholic Church for an outdoor dance on
October 7, 1995.
i
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
PAGE 4
i
f. Resolution No. 95-204 authorizing the temporary closing of Howland
Avenue near All Saints Catholic Church.
g. Final acceptance of street improvements in Kabot Cove.
h. Resolution No. 95-205 calling a public assessment hearing for weed and
..grass removal:
i. Easement agreements with Clinton and Kathleen Zweber, Foxford
Development Company LLP and Independent School District 194 for
trunk sanitary sewer connection from 175th Street to the proposed water
..treatment. plant, Improvement Project 94-12.
j. Grant extension of completion date to Valley Paving, Inc. for 1995
overlay, Improvement Project 95-3.
k. Final acceptance and payment to Arcon Construction, Inc. for 185th
Street watermain extension, Improvement Project 94-9C.
L Special Assessment Agreement with Valley Christian Church for
reconstruction of County Road 46 between Cedar Avenue and Pilot Knob
Road, Improvement Project 94-16.
m. Easement settlements with Thomas and Lou Anne Quam, Anna Moore
and Sheldon Spizman for lpava Avenue bypass lane construction, 1996
elementary school project.
n. Change Order No. 2 with Keys Well Drilling for Well No. 10, Improvement
Project 94-9A.
o. Resolution No. 95-206 accepting donation to the Police Department from
Jay Castonguay.
p. Resolution No. 95-207 approving Request for Bids for Water. Meter
Procurement, Replacement and-Read System.
q. Resolution. No. 95-208 authorizing "no parking" on the east side of Joplin
Avenue.
r. Resolution No. 95-209 accepting donation from McDonald's.
CITY OF h4KEVILLE COUNCIL MEETING
OCTOBER 2, 1995
PAGE 5
s. Agreement with Dr. Jeff Swanson to become the Medical Director of the
Police Department for the utilization and operation ofautomatic external
defibrillators.
t. South Metro Drug Task Force 1996 Joint Powers Agreement.
u. Set a special Council meeting for November 8, 1995, at 7:00 p.m. to
canvass the results of the November 7th City Election.
v. Resolution No. 95-210 approving a gambling permit for Bloomington
dons Club.
Roll call was taken on the motion.. Ayes, Sindt, .Mulvihill, Harvey,. Johnson,
Zaun.
ITEM 8
Mayor Zaun opened the public hearing on the certification of delinquent utility
accounts. The City Clerk attested that notices were duly published and mailed...
Finance Director Dennis Feller presented the list of delinquent water, sanitary
sewer,. storm sewer and street lighting accounts to be certified to the County
Treasurer/Auditor to be collected with other taxes on said property. The total
amount of delinquent accounts is $46,923.04 plus 12% interest and a service
charge of $25 per account, for a total of $59,773.42 being certified.
There were no questions or comments from the audience.
95.177 Motion was made by Harvey, seconded by Sindt to close the public hearing.
Roll call was taken on the motion. Ayes,. Mulvihill, Harvey, Johnson, Zaun,
Sindt.
95.178 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No.
95-211. certifying unpaid water,. sanitary sewer, storm sewer and street lighting
charges to the County Treasurer/Auditor to be collected with othertaxes on
said property.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun,. Sindt,
Mulvihill
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
PAGE 6
ITEM 9
Mr. Dean. Ekegren requested Council consideration of a conditional use permit
amendment to allow the expansion of his single family home at 9982-199th
Street West.
Mr. Dempsey presented the conditional use permit request, which is required
to expand the existing non-conforming structure in the Shoreland Overlay
District, provided the. proposed addition meets the minimum height,. setbacks
and other requirements of the zoning ordinance. The proposed project
includes an expansion of the living space of the house with the construction of
a second story and a reduction in non-conformity and the impervious .surface
area of the parcel.
Mr. Dempsey explained that the .Planning Commission recommended approval
of Alternative No. 2 submitted by the applicant. Alternative No. 2 reduces the
overall impervious surface area of the lot and brings the deck into compliance
with the lake setback but not the east side .yard setback. The setback of the
deck at a point four feet from the house will be at least 10 feet from: the east
property line. Where the deck attaches to the house, the setback will not be
closer than 6.25 feet from the east property line. This configuration allows the
continued use of the existing sliding doors from the house to the deck.
The Department of Natural Resources has reviewed the plans and
recommends approval as proposed. The Planning Commission and staff also
recommend approval.
95.179 Motion was made by Johnson, seconded by Harvey to receive the Planning
Commission's Findings of Fact and Recommendation and approve a
conditional use permif amendment to allow the expansion of an existing non-
conforming single. family home on anon-conforming residential .lot located at
9982-199th Street West.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 10
Mr. Dennis Hollstadt requested Council approval of a conditional use permit to
allow the expansion of his garage at 10115 Oak Shore Drive.
Mr. Dempsey presented the conditional use permit request. Ne explained that
the house is currently non-conforming with regard to setback from the west
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
PAGE 7
property line. He explained that when the master bedroom addition was
constructed in 1993,. he misinterpreted the Shoreland Ordinance in
determining that a conditional use permit was not required, since the addition
met all required setbacks. Staff is recommending that the bedroom addition be
brought into conformance by including it as part of the proposed conditional
use permit for the garage.
Mr. Dempsey stated the Department of Natural Resources has reviewed the
plans and recommends approval as proposed. The Planning Commission and
staff also recommend approval
95.180 Motion was made by Harvey, seconded by Mulvihill to receive the Planning
Commission's Findings of Fact and Recommendation and approve a
conditional use permit to allow the expansion of an existing non-conforming
single family dwelling to improve its livability, located at 10115 Oak Shore
Drive.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 11
Larry Vossen of Rome Development Corporation and Ron Maynard
representing South Twin Cities Church of Christ requested Council approval of
Dakota Plaza Second Addition.
Mr. Sobota presented. the proposed request, which includes a minor
comprehensive plan amendment for Lots 1 and 2, Block 1, bakota Plaza
Second Addition, from medium/high density residential to commercial use. He
explained that the comp plan amendment is necessary because the current
Comprehensive Land Use Plan included this area as commercial/residential.
The request. also .includes the rezoning of Lots 1 and 2, Block 1, Dakota Plaza
Second Addition, from R-4, Single and Two .Family Residential District, to B-3,
Auto Oriented Business District, the preliminary and final plat of Dakota Plaza
Second Addition, and "no parking" designation. He explained that the City
Council previously approved purchase agreements with South Twin Cities
Church of Christ and Rome Development for Outlots A and B of Dakota Plaza
Second Addition. These outlots are being purchased by the City for future
expansion of Valley Lake Park and for the installation of a landscape berm #o
screen the neighboring Valley Park residents from the future commercial uses
on Lots 1 and 2. Ole Piper Inn is proposing to relocate their restaurant to Lot
2, Block 1. Their plans have been reviewed and are in compliance with
ordinance requirements.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
PAGE 8
As part of the purchase agreernents, 161st Street/Garrett Path will be extended
as a public improvement in .1996 to the east and north to provide street access
for Lots Land 2 and create a full intersection at 160th Street and Garrett Path
in Apple Valley. In order to reduce the commercial traffic impacts of the
Dakota Plaza Second Addition on the Va11ey Park neighborhood, staff is
recommending that no driveway access be allowed onto 161st Street from the
commercial. lots, and that no parking be allowed at any time on both sides of
161st Street and Garrett Path from Cedar Avenue to County Road 46. The
Planning Commission and staff recommend approval of all four actions as
proposed.
Ron Maynard stated that he was not aware that the future lot on the west side
of the Ole Piper Inn site would not be allowed access onto 161st Street.
Mr. Erickson stated the staff and residents are encouraging across-parking
connection between the two sites and access onto Glacier Avenue.
Councilmember Johnson asked if the proposed berming/screening plan meets
the expectations of the area residents.
Mr. Sobota stated a neighborhood. meeting has been held, .and the residents
were in support of the proposed plan.
95.181. Motion was made by Mulvihill, seconded by Johnson to approve a Minor
-Comprehensive Plan Amendment, receive the Planning Commission's
Findings of Fact and Recommendation and adopt Ordinance No. 560 rezoning
property from R-4 to B-3; approve Resolution No. 95-212 approving: the
preliminary and final plat of Dakota Plaza Second Addition; and approve
Resolution. Nq. 95-213 authorizing "No Parking Anytime" on 161st
Street/Garrett Path.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
UNFINISHED BUSINESS
Councilmember Sindt pointed out that there is still some blacktop patching that
needs to be done on Highview Avenue at Dodd Boulevard. The City Engineer
stated this area is in the bituminous overlay contract with Valley Paving and
will be completed this year.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 1995
• PAGE 9
Mr. Erickson recommended that the October 4th Council work session be
canceled until such time as the staff has more information. regarding the
Livable Communities Acf.
95.182 Motion was made by Sindt, seconded by Mulvihill to cancel the October 4th
Council Work Session.
Roll call was taken on the motion. Ayes, Mulvihill., Harvey, Johnson, Zaun,
Sindt.
NEW BUSINESS None.
ANNOUNCEMENTS: Next regular Council meeting, October 16, 1995
Mayor Zaun adjourned the meeting at 8:50 p.m.
Respectfully submitted,
Charlene friedges, ty Clerk
D ane Zaun, Ma