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HomeMy WebLinkAbout11-07-94 • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 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: Counci)members 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. Gudmundson, Chief of Police; L. Gustafson, Assessment Clerk; J. Hennen, Recycling Coordinator; D. Morey, City Planner; M. Holiday, Deputy City Clerk. MINUTES The minutes of the October 17, 1994, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided handouts which included amended wording for Mills Fleet Farm PUD Agreement, Item #12, and a memo prepared by Daryl Morey addressing questions raised by Councilmember Harvey regarding Country Creek Estates, Item #13. PRESENTATIONS/INTRODUCTIONS Mr. Erickson introduced Don Volk, Director of Operations and Maintenance. 94.229 Motion was made by Harvey, seconded by Sindt to proclaim the month of November as Free Enterprise Month in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7,.4994 PAGE 2 • 94.230 Motion was made by Sindt, seconded by Harvey to proclaim November 14, 1994, as MADD Monday and the week of November 11-18, 1994, as Chemical Health Week in Lakeville. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. 94.231 Motion was made by Johnson, seconded by Sindt to proclaim November 7-13, 1994, as National .Unfunded Mandates Week in Lakeville. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. 94.232 Motion was made by Harvey, seconded by Sindt to proclaim the week of November 14-20, 1.994, as American Education Week in Lakeville. Roll call was taken on the motion. Ayes,. Harvey, Johnson, Zaun, Sindt, Mulvihill CITIZENS' COMMENTS None CONSENT AGENDA Councilmember Harvey acknowledged and expressed appreciation for a donation from Jeff Belzer Chevrolet Dadge GEO (item 7h). 94.233 Motion was made by Johnson, seconded by Harvey to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, October 18, 1994 Parks & Recreation Committee, October 19, 1994 Planning Commission, October 27, 1994 Cable TV Board, September 27, 1994 c. Final payment .and acceptance of improvement,. Ipava Avenue, Improvement Project 91-2. d. Final payment and acceptance of improvements, 199th Street and • Orchard Trail, Improvement Project 93-14. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 3 e. Final payment and acceptance of improvements, Airlake and McStop water tower painting, Improvement Project 92-3 and 92-4. f. ..Approve fire fighting services agreement with Eureka Township. g. Resolution No. 94 233 vacating a permanent easement in The Cove. h. Resolution No. 94-234 accepting donation from Jeff Belzer Chevrolet Dodge GEO. i. Approve revised list of election judges for the November 8th General Election. j. Resolution No. 94-235 approving gambling permit for the Bloomington Lions Club. k. Receive letter of resignation from Scott Tracy, Environmental Affairs Committee member, and direct staff to advertise the vacancy. I. Approve Retainer Search Proposal from Loren L. Law and Associates, Inc. m. Resolution No. 94-236 requesting Dakota County to appoint Orr-Schelen- Mayeron & Associates, Inc. as the consulting engineers for the reconstruction of CSAH 50 from Icenic Way to one-quarter mile west of Hamburg Avenue, Improvement Project 94-13. n. Approve an off-site directional sign for the Chart House Restaurant. o. Acknowledge ALF Ambulance Data Practices Resolution No. 94-15. p. Resolution No. 94-237 approving the preliminary and final plat of Marion Village Fifth Addition; .and Resolution. No_ 94-242 vacating an existing drainage and utility easement. q. Accept the resignation of Gina Kennedy from the Cable TV Board, and appoint Joe Stradcutter as the representative for ISD 192. r. Approve Service Maintenance Contract with Retail Data Systems for liquor stores DTS 555 cash registers. s. Approve Change Order No. 3 with Bituminous Roadways for the Police Station expansion/remodeling project. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 4 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, .Harvey.. ITEM 8 Mayor Zaun .opened the public hearing: on the proposed assessments for the District 7 sealcoating and bituminous overlay and Highview Avenue pavement, Improvement Project 93-10, The Deputy City Clerk attested to legal notices being duly published and mailed. The City Engineer provided background information on the improvement project and proposed assessments for the Highview Avenue .paving, which will be assessed over ten years, and the assessments for District 7 bituminous overlay on the Metropolitan Airport Commission property, which is proposed to be assessed over seven years. Mr. Nelson acknowledged receipt of a check from the Metropolitan Airports Commission for full pre-payment of the assessments. . The Finance Director explained the City's policy relating to payment of special assessments, including senior citizen deferments. There was no public comment. 94.234 Motion was made by Mulvihill, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes: Zaun, Sindt, Mulvihill, Harvey, Johnson. 94.235 Motion was made by Sindt, seconded by Harvey to approve .Resolutions No. 94-238 and 94-239 adopting assessments on the cost of Improvement Project 93-10, District 7 sealcoatingloverlay and Highview Avenue bituminous paving. Roll call was taken on the motion. Ayes: Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 9 Mayor Zaun opened the public hearing to assess eight parcels for weed/grass removal.. The Deputy City Clerk attested that legal notices were duly published and mailed. • John Hennen, Administrative Assistant, reviewed the proposed assessments, stating that each of the eight parcels will be assessed $87.00. He stated this is CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 5 a one year assessment and shall be collected with the real estate taxes due and payable in 1995. He further stated that six of the eight parcels are tax forfeit, and these assessments would remain outstanding until the properties are sold. There was no public comment. .94.236 -Motion was made by Mulvihill, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes: Mulvihill, Harvey,. Johnson, Zaun, Sindt. 94.237 Motion was made by Johnson, seconded by Sindt to approve Resolution No. 94-240 adopting assessments for weed/grass removal. Roll call was taken on the motion. Ayes: Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 10 The Community and Economic Development Director provided a brief overview of the City of Lakeville Transportation Plan 1994, the City of Lakeville Transportation Plan 1994 Addendum; 50-Year Plan, and a major Comprehensive Plan amendment. He then introduced Ferrol Robinson of Strgar, Roscoe, Fausch, who presented an overview of the significant portions of the Transportation Plan, highlighting major transportation corridors and .corresponding right of way requirements. Councilmember Johnson questioned changes to the plan that would be necessitated by lifestyle changes. Mr. Robinson referred to a survey conducted by the City that indicated 18 percent of Lakeville residents work out of their homes. He stated the computer model did not take these factors into account, but staff made adjustments to the employment forecasts and corresponded trips generated in the trafficanalysis zones. Mayor Zaun asked what changes would be made to the Transportation Plan should there be an abandonment of the railroad. Mr. Robinson explained that more right-of-way could possibly be acquired and/or the trail system expanded. Mr. Robinson thanked City staff for their time and assistance in reviewing and editing the plan. Mr. Sobota reviewed the proposed Comprehensive Plan amendment. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 6 94. 238 Motion was made by Johnson, seconded by Mulvihill to receive the City of Lakeville Transportation Plan 1994 and the City of Lakeville Transportation Plan 1994 Addendum: 50-Year Plan. Roll call was taken on the motion. Ayes: Johnson, Zaun, Sindt, Mulvihill, Harvey. 94.239 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 94-241, Certification of Pre-Review Requirements, City of Lakeville Comprehensive Plan: Transportation Plan 1994 (Mandatory Land Planning Act). Roll call was taken on the motion. Ayes:. Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 11 Mr. Robert Posthumus requested Council approval of a rezoning from R-1 to R-A; a conditional use permit to construct an accessory building in excess of 20 feet in height; and a conditional use permit for a commercial riding stable. Mr. Sobota presented an overview. of the requests, explaining that the Posthumus' have applied for a rezoning and conditional use permits to allow the construction of a horse barn (with a peak height of 21 feet) with commercial boarding in .conjunction with the construction of a new single family home located at 12295-197th Street West. He stated that a public hearing had been held at the October 27, 1994 Planning Commission meeting where neighboring property owners had expressed their concern over commercial use of the property which might generate increased traffic on 197th Street. He explained that the Posthumus' had revised their application to commercially board not more than four horses. Councilmernber Sindt asked if the grade ofthe propertywould `be changed. Mr. Sobota responded'that grading of the site would be minimal. Councilmember Harvey discussed the concern of the neighboring residents in relation to increased traffic on 197th Street. Mayor Zaun asked how long the Posthumus' had owned the property. Mr. Posthumus stated he had owned the property for one year. CITY OF IAKEVI~LE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 7 94.240 Motion was made by Johnson, seconded by Harvey to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 537 rezoning property from R-1, Low Density Single Family Residential District, to R-A, Single Family Agriculture District; a conditional use permit to construct an accessory building in excess of 20 feet in height; and a conditional use permit for a commercial riding stable located at 12295-197th Street West. Brian Forting, 12280-197th Street expressed his concern over the amount of traffic that could be generated by a commercial use on the property. He asked the City Council to consider the safety of children walking along the road. He further stated that he felt the voices of the neighborhood were not-heard at the Planning Commission's public hearing. Councilmember Harvey asked Mr. and Mrs. Posthumus how often they and the other owners of the horses might ride them along the road. Mrs. Posthumus stated that they plan to construct a riding rink on their property and that there is access to Ritter Farm from their property which would eliminate much of the use of 197th Street. Councilmember Harvey discussed previous proposals for the area which included The Renaissance Festival and Canterbury Downs, stating that the proposed use actually allows the area to maintain its rural character. Mr. Erickson stated he felt the Planning Commission had been extremely patient with the neighboring residents and that the Posthumus' should be commended for being forthright and going through the proper application process. He further stated it was unfortunate that a neighborhood informational meeting had not been held prior to the public hearing . Rolf call was taken on the motion. Ayes:. Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 12 Tom Green and Bruce Buxton, representing MIIs Properties, Inc. requested approval of a planned unit development-conditional use permit for Mills Properties, Inc. to allow a commercial car wash on the east side of Kenrick Avenue, south of 170th Street. Daryl Morey presented an overview of the proposed commercial car wash. He explained that the existing Mills Fleet Farm retail building, lumber yard and i motor fuel station were approved in 1985 under a conditional use permit. The retail store is located on one of four lots, which were platted at that time. The CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 8 lumber yard is located on a second lot, and the motor fuel station is located on a third lot. The proposed car wash would be located on the fourth lot in an area that is currently being utilized for employee parking for the entire project area. He stated that the Planning Commission had held a public hearing on October 27, 1994 and unanimously recommended approval. There was no public comment at the hearing. Staff recommends approval 'Councilmember Sindt-asked if the car wash would be unattended, coin operated. Mr. Green stated that was correct. Councilmember Harvey questioned the time frame for access onto Jonquil Avenue. Mr. Erickson stated the anticipated. date of completion would be Spring, 1997. 94.241 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a planned unit development-conditional use permit. allowing four separate parcels as part of one project. and a conditional use permit to allow a commercial car wash in a B-4 District for Mills Properties, Inc. on the east side of Kenrick Avenue, south of 170th Street. Roll call was taken on the motion. Ayes: Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 13 Mr. John Friedges requested approval of the preliminary plat of Country Creek Estates, which proposes the development of 68 single family residential lots located on the west side of Dodd Boulevard, south of Kenwood Trail. He also requested approval of a lot depth variance for one of the proposed lots in the preliminary plat and a front and side yard building setback variance for the lot with Mrs. Friedges existing house. Mr: Morey presented an overview of the proposed; plat and variances. He tated the°property is zoned R-2, SingleFamily Residential District. He went on to explain that Mr. Friedges submitted the final plat of Country Creek Estates, which proposes a first phase development of 38 lots, for review and consideration simultaneously with the review and consideration of the preliminary plat. The preliminary and final plats have been reviewed by City .staff and the City's advisory committees/commissions. However,. because the construction season is coming to an end, Mr. Friedges is requesting that only i the preliminary plat and variances be considered by the City Council at this time. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 PAGE 9 Mr. Morey also discussed construction of the relocated portion of the existing MPTW located on the south side of the proposed regional storm water retention pond, the setback of the existing. Cenex liquid fuel storage tanks to the Country Creek Estates plat, and specific figures for the variances requested with the development. Staff recommends approval Council member Harvey asked the City Engineer aboutthe .amount of fill under footings. Mr. Nelson stated the preliminary grading plan indicated no fill would be placed under footings. Mayor Zaun noted that 207th Street is a minor collector street and will eventually connect to Ipava Avenue. Councilmember Johnson asked if the Lakeville Court apartment project would be using the. excavated dirt from the Country Creek Estates pond. Staff indicated that it is proposed to be used. 94..242 Motion was made by Johnson, seconded by Harvey to receive the Planning Commission's Findings of Fact and Recommendation and approve the preliminary plat of Country Creek Estates, a lot depth variance for Lot 5, Block 3 and a front and side yard building setback variance for Lot 10, Block 3 in the second phase of Country Creek Estates preliminary plat. Roll callwas taken on the motion. Ayes: Harvey, Johnson, Zaun, Sindt, Mulvihill UNFINISHED BUSINESS Councilmember Mulvihill asked that staff provide the new Transportation Plan to local libraries. Councilmember Harvey noted. there are ground water problems in the Golden Pond :development. Mr. Erickson stated that staff has asked the developer to submit a plan to-address the groundwater issues. NEW BUSINESS Councilmember Harvey encouraged everyone to vote on November 8th. Mayor Zaun stated he will not be present at the November 21, 1994 City Council meeting. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1994 - PAGE 10 • ANNOUNCEMENTS The next regular Council. meeting will be held on November 21, 1994. Mayor Zaun adjourned the meeting at 9:10 p.m. Respectfully submitted,. Mira Holliday, Deputy City C rk Duane Zaun, May r •