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HomeMy WebLinkAbout08-21-95 x Y t.~ • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995 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, Harvey 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; b. Morey, City Planner; C. Friedges, City Clerk. MINUTES The minutes of the August 7, 1995, City Council meeting were approved as presented. i STAFF ANNOUNCEMENTS Attorney: None. Engineer: Mr. Nelson provided the following construction project update: • 172nd Street east of Orchard Lake is now open; • 210th Street through Fairfield Business Campus will open. Tuesday afternoon; • 185th Street intersection and Highway 50 is scheduled to open on Friday; • Traffic signals at lpava Avenue and Highway 50 are scheduled to be operational on Friday; • .Downtown improvement project: majority of construction will be delayed until next year; however, MnDOT has approved plans and $2.9 million in turnback funds. Administrator: None. Chief of Police: Chief Martens presented the July Police Department monthly report. Parks 8~ Recreation Director: Mr. Michaud presented the July Parks Recreation Department monthly report. „ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995 PAGE 2 • PRESENTATIONS/INTRODUCTIONS Cable Coordinator Chris Oace introduced Production Assistant, Matt Stauner. Mayor Zaun presented. a Certificate of Appreciation to .Julie Sauber, 1995 Princess Kay of the Milky Way. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed item 7q from the consent agenda 95.144 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows; a. Claims for payment. b. Receive. monthly investment report. c. Receive minutes of the following advisory committee meetings: Planning Commission, August 3,1995 Parks & Recreation Committee, August 2, 1995 Environmental Affairs Committee, August 1, 1995 Cable TV Board., July 25, 1995 d. Final acceptance of utility and street improvements, Highview Heights 6th Addition. e. Final payment and acceptance of take Marion outlet. storm sewer improvements, Improvement Project 93-7. f. Resolution No. 95-168 approving award of contract by the City of Apple Valley for sewer interceptors, County Road 46 alignment and parks, Improvement Project 94-17. g. Audit agreements with Eide Helmeke PLLP for the City of Lakeville and the Lakeville Volunteer Fire Relief Association for fiscal year ended December 31, 1995. r i , CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995 PAGE 3 h. Lakeville Ames Arena 1995-96 proposed budget. i. Resolution No. 95-169 calling public hearing to certify unpaid utility charges to the County Treasurer/Auditor. j. Tree trimming. and removal license for Quality Brush & Stump Removal k. Change.-Order No. 2 with Greystone Construction Company for renovation of Fire Station No. 1. I. Amendment to Facility Use Policy regarding storage of TVNCR in North Meeting Room. m. Resolution No. 95-170 accepting. donation from Christiania Evangelical Lutheran Church for the Meals on Wheels Program. n. .Ordinance No. 557 amending Title 6 of the Lakeville City Code concerning stop signs and no parking signs on private property. o. Resolution No. 95-171 approving raffle permit for Fairview Community Hospitals. p. License agreement with the Minnesota Department of Natural Resources for the construction of sanitary sewer under a DNR-protected waterway, Dakota Heights water treatment plant, Improvement Project 94-11. q. (Removed from consent agenda). Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 7Q Councilmember Sindt pointed out that development is expected to occurin the City of Farmington near 180th Street and Pilot Knob Road, which is adjacent to a designated hunting area on the Lakeville Hunting Zone Map. Staff indicated that the Police Chief will research the proposed development, and that area will be removed from the hunting map if new homes are expected to be constructed during the upcoming hunting season. 95.145 Motion was made by Sindt, seconded by Harvey to approve the 1995 Lakeville Hunting Zone Map and authorize its publication, subject to review of the area .near 180th Street and Pilot Knob Road in the City of Farmington and CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995 PAGE 4 removal of that area from. the map ifhomes are expected to be constructed during the upcoming hunting season. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 8 The. City Attorney presented a proposed ordinance to control graffiti on public or private property. He .explained that this ordinance. is an attempt by the City to stay ahead of potential .problems with graffiti that are being experienced by other communities. The proposed ordinance prohibits the placement of graffiti on publicor private property, makes it a misdemeanor to do so, and provides the City with a means to demand its removal Councilmember Sindt asked how a property owner would be reimbursed for expenses incurred in the removal of graffiti. Mr. Knutson stated that if a person who violates this ordinance is apprehended and convicted, a judge could require reimbursement to the property owner or restitution as a part of sentencing. 95.146 Motion was made by Johnson, seconded by Mulvihill to adopt Ordinance No. 172, an ordinance to control graffiti on public or private property. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 9 Mr. Jeff Hultgren, representing Freeborn-Mower t_td. tl, requested Council approval of the final plat of Boulder Village 1st Addition. Mr. Morey presentedthe final plat. of Boulder Village 1st Addition, which consists of 26 townhouse lots in the approved preliminary plat, located at the southwest corner of 165th Street and Ipava Avenue. The property was rezoned to PUD with approval of the preliminary plat. The development consists of large common area lots and green space, walking trails, a tot lot, picnic area,. landscaping and ponding .areas. The developer has submitted a revised phasing plan, which proposes .the completion of this development in nine phases. The developer has submitted a signed development contract and letter of credit. Staff recommends approval • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995 PAGE 5 • Councilmember Harvey asked about the line of evergreen trees around the substation, which appear to be on the Freeborn Mower property rather than the substation property. The engineer for the developer indicated that the trees are on the Freeborn Mower property, and they intend to maintain them for screening. The City Administrator indicated that following a review of fhe Townhome Association Articles of Incorporation and By-laws, the need for minor amendments were brought to the attention of the developer. The developer's legal counsel stated he would incorporate those changes into the documents. The City Attorney will approve the final documents. Mr. Hultgren explained the proposed marketing strategy for the townhome units. 95.147 Motion was made by Mulvihill, seconded by Johnson to approve Resolution No. 95-172 approving a development contract and planned unit development and the final plat of Boulder Village 1st Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 10 Mr. John Kosmos, representing Amoco Oil Company, requested .Council approval of the preliminary and final plat of Amoco Addition, which consists of two commercial lots located on the west side of Kenwood Trail, north of 175th Court. Mr. Sobota explained that the preliminary and final plat of Amoco Addition involves the combination of portions of three unplatted parcels with Outlot A, Argonne Park, and the subdivision of these combined parcels into two lots. Lot 1 will include the existing Amoco gas station and car wash. Lot 2 is proposed for the future development of a Sleep Inn motel.. The proposed development of the Sleep Inn motel will include the construction of a driveway access off of 175th Court that will serve Amoco, Burger King, Rapid Oil Change and Sleep Inn. Outlot A, which is the portion of an existing wetland that extends into the plat boundaries, is being dedicated to the City. Staff recommends approval-of the preliminary and final plat. Councilmember Harvey asked about what appears to be an eight-foot encroachment into 175th Court right-of-way in the southeast corner of Lot 1, Block 2, which is shown on the Amoco Addition plat provided to the Council CITY OF LAKEVILLE COUNCIL. MEETING AUGUST 21, 1995 PAGE 6 Mr. Sobota explained that the survey has been reviewed and approved by the Dakota County Surveyor's Office, and they will not allow platting right-of- way from one plat into the lot and block of another plat. Mr. Erickson suggested that the County Surveyor be directed tore-evaluate the survey to insure that the irons are not in the confines of the public right-of-way. Mr. Sobota explained that the plat of Argonne Park shows that right-of-way for 175th Court is not a complete circle. He further explained that the complete circle is probably not needed, given the fact that the road is constructed within the existing right-of-way. 95.148 Motion was made by Johnson, seconded by Harvey to approve.Resolution No. 95-173 approving the preliminary and final plat of Amoco Addition, subject to additional review and approval by the Dakota County Surveyor's Office. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 11 Mr. Sobota presented the conditional: use permit request of Conrad and Laraine Curren to allow the construction of a detached accessory building in excess of 1,250 square feet in area and 15 feet in height on a non- conforming lot located at 9835 Iteri Court East. The proposed detached garage would be 960 square feet in area and 22 feet in height. A $500.00 security is required. prior to the issuance of a building permit to guarantee the instaNation of two evergreen trees and removal of the existing detached accessory building. The Planning Commission is recommending the new driveway be paved no later than October 30, 1996. Staff recommends approval of the proposed conditional use permit. Councilmember Harvey pointed out that the Statement of Intended Use for the Proposed Garage CUP was only signed by one of the property owners. Councilmember Sindt asked if the property is jointly owned by the two applicants. Mr. Sobota explained that the property is jointly owned by Conrad and Laraine Curren. He explained that the Statement of Intended Use is part of the conditional use permit, which will. be recorded against the subject property. The City Attorney indicated that the second signature on the Statement of Intended Use is not necessary. F , CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995 PAGE 7 95.149 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's Findings of Fact and .Recommendation and approve a conditional use permit for Conrad and Laraine Curren to allow the construction of a detached accessory building in excess of 1,250 square feet in area and 15 feet in height at 98351teri Court East. Roll call. was taken on the motion. Ayes, Johnson, Zaun, Sundt, Mulvihill, Harvey. ITEM 12 Mr. David Metzger requested council approval of a conditional use permit to allow the construction of a detached accessory building, a gazebo,. more than 10 feet in height at 6408-273rd Street West. Mr. Sobota explained that a maximum height of 10 feet for detached accessory buildings, other than garages, is allowed in the R-3, high density single family residential district, The proposed gazebo will have a peak .height of 18.5 feet. The Planning Commission requested that staff survey surrounding communities for their regulations pertaining to accessory building height and determine whether it would be appropriate to proceed with developing a zoning ordinance amendment to allow a maximum accessory building height of 15 feet in the R-3 district.. Based on survey results., staff will proceed with. a zoning ordinance amendment as directed by the Planning Commission. Staff recommends approval of the proposed conditional use permit. Councilmember Harvey questioned whether this gazebo is considered a detached accessory building, given the fact that it is connected to the deck. He further questioned, therefore, whether a conditional use permit is necessary in his case. Mr. Sobota indicated that it was the Building Official's position, based on current ordinance requirements, that a conditional use permit is required. Mayor Zaun provided historical perspective on the height limitation for accessory buildings in the R-3 zone. He stated there was a previous concern expressed by the. Planning Commission relating to the height of storage buildings in the R-3 zone. Staff will proceed with a review of the R-3 zoning district requirements for possible modifications. 95.150 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 for David Metzger to allow the construction of a detached accessory building more than 10 feet in height at 6408-173rd Street West. ~ 1 Cltl( OF LAKEVILLE COUNCfL MEETING AUGUST 21, 1995 . PAGE 8 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill,. Harvey, Johnson. 95.151 Motion was made by Sindt, seconded by Mulvihill to direct staff to evaluate the ordinance requirements for accessory .buildings in the R-3, high density single family residential district. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, .Harvey, Johnson, Zaun. ITEM 13 Mr. Tom. Simonsen, representing Eva Development, Inc., requested Council approval of the preliminary and final plat of Simonsen 1st Addition. Mr. Morey presented the preliminary and final plat of Simonsen 1st Addition, which consists of one single family residential lot located on the west side of Kettering Trail, north of Layton Path. He explained that Dakota County does • not allow the City to administratively combine lots from different plats, therefore, the proposed preliminary and final ptat involves the combination of four lots in Lyndale Lakes Club 2nd Addition with one lot in Lake Villa Golf Estates 6th Addition. As part of this development proposal, the existing street rights-of-way located adjacent to the Lyndale Lakes Club 2nd Addition lots will be vacated. The existing drainage and utility easement located along the west boundary of Lot 1, Block 1, Lake VIIIa Golf Estates 6th Addition,. will also be vacated to allow construction of the house in the proposed location. The developer has submitted a signed warranty deed transferring ownership of Outlot A, which is a portion of an existing wetland, to the City, Staff recommends approval of the preliminary and final plat of Simonsen 1st .Addition and vacation of the street rights-of-way and drainage and utility. easements. 95.152 Motion was made by Harvey, seconded by Sindt o approve Resolution No. 95-174 approving the preliminary and final plat of Simonsen 1st Addition, and Resolution No. 95-175 vacating street rights of way and a drainage and utility easement. Roll calf was taken on the motion. Ayes, Mulvihill., Harvey, Johnson, Zaun, Sindt. • CITY OF LAKEVILLE COUNCIL MEETING .AUGUST 21, 1995 PAGE. 9 ITEM 14 Mr. Morey presented the preliminary and final plat of Juno Addition, located on the north side of 202nd Street, south of Lake Marion. The. preliminary and final plat involves the combination of three platted parcels, one owned. by the Riesenbergs, one owned by the Potters and one owned by the City, and the subdivision of these combined parcels into two lots. Mr. Morey explained that the lot reconfiguration and additional right=of-way dedication for 202nd Street proposed with the preliminary and final plat of Juno Addition wilt create non-conforming front and side yard building setbacks. Therefore, front and side yard building setback variances for Lot 2 are required as part of this :plat. Lot 1 is a pie shaped lot that does not meet the required lot width at the front yard building setback fine. Approval of a lot width variance for Lot 1 is also required as part of this plat. Because the Juno Addition plat is an integral part of the 202nd Street improvement project, a hardship exists for the variances created as a result of public action. An agreement was reached between the three property owners whereby the Riesenbergs and Potters would dedicate the necessary • right-of-way for 202nd Street and the 20 foot wide drainage, utility and trait easements for Juno Trail.. Staff recommends approval of the preliminary and final plat of Juno Addition and he front and side yard building setback variances. Councilmember Harvey asked about a sliver of land. between the front of Lot 1 and the dedicated right-of-way of 202nd Street. Mr. Potter explained that as part of the agreement, these slivers of right-of-way were proposed to be vacated and combined with the existing parcel Mr. Sobota explained that Exhibit D clearly shows that the .existing right-of- way of 202nd Street comes up to the south pla# boundary. The proposed plat shows he future right-of-way of 202nd Street; therefore, the sliver is already dedicated right-of-way under the previous plat. Mr. Erickson suggested that Paragraph #4 of the variance document entitled, "Lapse", which is standard language for variance documents, is not applicable to these variances and should be deleted 95.153 Motion was made by Harvey, seconded by Johnson to .approve Resolution No. 95-176 approving the preliminary and final plat of Juno Addition,.and a front and side yard building setback variance, with the deletion of Paragraph • #4 entitled, "Lapse". CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1995- PAGE 10 • Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 15 95.154 Motion was made by Harvey, seconded by Sindt to set a special Council meeting for September 13, 1995, at 7:00 p.m. to adopt the preliminary 1996/97 City of Lakeville budget. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS 95.155 Motion was made by Harvey,.. seconded by Sindt to set a Council work session for Tuesday, August 22nd, at 7:.00 a.m. to discuss. the Town Square concept plan. Roll callwas taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. NEW BUSINESS None. ANNOUNCEMENTS Next regular Council meeting, September 5, 1995 Council work session, August 29, 1995 Mayor Zaun adjourned the meeting at 8:55 p.m. Respectfully submitted, Charlene Friedges, ty Clerk D ane Zaun, Ma or