HomeMy WebLinkAbout10-17-94 CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 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 cal! 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. Gudmundson, Chief of Police; L. Gustafson, Assessment Clerk; Frank
Dempsey, Associate Planner; C. Friedges, City Clerk.
MINUTES
The minutes of the October 3rd regular Council meeting and the October 5th
special Council meeting were approved as presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None.
ENGINEER: Mr. Nelson provided copies of a letter from F & W Properties
objecting to the proposed assessments for the Cedar Avenue reconstruction
project, Item #9. Mr. Nelson showed pictures of the newly installed. Dodd
Boulevard culverts and the North Creek channel improvements and reported
that they both worked well during a recent rain storm.
ADMINISTRATOR: Mr. Erickson provided a revised Amendment to .House
Lease for Item #7m; an assessment roll for Item #8; additional ordinance
language for Item #12; and a letter from Attorney David Sellergren, on .behalf
of the property owners, for Item #14.
CHIEF OF POLICE: Chief Gudmundson presented the September Police
Department monthly report.
PARKS ~ RECREATION DIRECTOR: Mr. Michaud presented the September
Parks & Recreation Department monthly report.
• PRESENTATIONS/INTRODUCTIONS
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 2
The City Council presented certificates of recognition for community service to
the following individuals and groups:
• The Soberg Family, represented by Veo/a Soberg Ellingboe
• Gene & Mary Hokenson
• _Countryview Residents Association
• Election Judges: Miekie Dawson, Linda Dilley, Virginia Emond, Etta Harris,
Betty Holst, Marsha Howe and Darlene Klotz
• Denny Keasling
• Lakeville Women of Today
• .Carol McCoy
Certificates of recognition were also presented (and will be mailed) to Janet
Greenslit, Marsha Bernhardt, Clem Czerniak and Paul Sander, who were
unable to attend the Council meeting.
Lakeville High School DECA students Amy Westberg and Katie VonBerge
presented a proclamation designating the week of October 24-30 as Muscular
Dystrophy Awareness Week in Lakeville. Councilmember. Johnson read the
proclamation.
94.210 Motion was made by Harvey, seconded by Sindt to proclaim the week of
October 24-30 as Muscular Dystrophy Awareness Week in Lakeville.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
Councilmember Johnson read a proclamation proclaiming the week of October
17-21 as Manufacturer's Week. Mr. Jim Morrow, President, accepted the
proclamation on .behalf of the Lakeville Chamber of Commerce.
94.211 Motion was made by Harvey, seconded by Sindt to proclaim 4he week of
October 17-21 as Manufacturer's Week in Lakeville.
Roll call was aken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
.Johnson.
Councilmember Mulvihill read a proclamation, requested by the Dakota
Council for Healthy Communities, proclaiming October 23-29 as Violence-Free
Week and October 27 as Turn Off the Violence Day.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 3
94.212 Motion was made by Harvey, seconded by Mulvihill to proclaim the week of
October 23-29 as Violence-Free Week and October 27 as Turn Off the
Violence Day in Lakeville.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
Chief Gudmundson introduced Jill Eberlein, Police Department
Communications Technician.
Ken Seurer, Utilities Superintendent, presented a certificate to Bob Doll, Utility
Maintenance employee, for completion of a program in water treatment plant
operations from the California State University.
CITIZENS' COMMENTS None.
CONSENT AGENDA
Mr. Terry Hilla voiced his. objection to the staff
s recommendation to table Item
71, a conditional use permit to allow a second detached accessory building at
16465 Judicial Road. Mr. Erickson stated that Mr. Hilla provided additional
information on Friday, at the request of City staff, and the City Attorney has not
had an opportunity to review that information. Staff
s recommendation to table
this item stands.
Councilmembers added agenda Items #20 and #21 to the consent agenda.
94.213 Motion. was made by Harvey, seconded by Mulvihill to approve the consent
agenda items as follows:
a. Claims for payment.
b. September Investment Report.
c. Receive minutes of the following advisory committee meetings:
Planning Commission, October 6th
Parks & Recreation Committee, October 5th
Environmental Affairs Committee, October 4th
Economic Development Commission, September 27th
d. Ordinance No. 533 amending Title 7, Chapter 8, of the Lakeville City
.Code concerning the use of motorized golf carts.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 4
e. Change order No. 3 with Switzer's Nursery for the police station
expansion/remodeling project.
f. Resolution No. 94-221 creating an Enhanced 911 Fund and requesting
direct distribution of its share of funding.
g. Resolution No. 94 222 authorizing the sale of vehicles.
h. Approve 1995 senior citizen assessment deferments for James Gannon,
20970 Holyoke Avenue; Margaret Buerke, 10585-173rd Street West; and
Benno Klotz, 17120 Judicial Road.
i. Resolution No. 94-223 accepting donation from Bossardt Corporation to
the Lakeville Police. Department; and Resolution No. 94-232 accepting
donation from Robert Erickson to the DARE program.
j. Approve 1994 Minnesota Small Business Administration Subgrant
Agreement for Community Forestry Assistance.
k. Resolution No. 94-224 establishing a Snowmobile Trail System Review
Task Force.
L .Table conditional use permit application of Terry Hilla to allow a second
detached accessory building at 16465 Judicial Road.
m. Approve Amendment to House Lease with Kenneth and Jean Buckman for
the water treatment plant site, Improvement Project 94-2, with the
amendment #hat the tenant be allowed to lease the garage until 11:59
p.m. on November 15, 1994.
n. Final payment and acceptance of improvements for Jacquard Avenue and
County Road 64, Improvement Project 93-4.
20. Resolution No. 94-231 authorizing condemnation of the Christian property
on Juno Trail .for park purposes.
21. Receive the resignation of Phil Smith from the Planning. Commission.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
CITY OF LAKEVILLE COUNCIL MEETING
OCT08ER 17, 1994
PAGE 5
ITEM 8
Mayor Zaun opened the public hearing on the proposed assessments for the
north Lake IVlarion street lighting, Improvement Project 94-7. The City Clerk
attested to legal notices being duly published and mailed.
The City -Engineer highlighted the feasibility report for this project, stating the
total amount proposed to be assessed is $11,899.86, which reflects the cost of
.installing the 14 street lights. Eighty-seven properties are proposed to be
assessed, which results in a unit assessment of $136.78. This assessment, he
explained, is consistent with what was presented at the public hearing for this
project.
There was no public comment.
94.214 Motion was made by Harvey, seconded by Johnson to close the public
assessment hearing on .Improvement Project 94-7.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
94.215 Motion was made by Johnson, seconded by Sindt to approve Resolution No.
94-225 adopting assessments for Improvement Project 94-7, north Lake
Marion street lighting.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 9
Mayor Zaun opened the public hearing on the proposed assessments for the
northeast segment of the Cedar Avenue reconstruction, Improvement Project
89-1. The City Clerk attested that legal notices were duly published and
mailed.
The City Engineer highlighted the feasibility report for the Cedar Avenue
reconstruction project, stating this segment,. located north of 167th Street and
east of Cedar Avenue, represents the last of four segments of the project being
assessed. A total of four parcels are proposed to be assessed, and the total
amount of assessments for this segment is $89,789.44.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17,.1994
PAGE 6
94.216 Motion was made by Sindt, seconded by Harvey to receive the letter from F
W Properties, owners of the Dakota Plaza located at 16000 Cedar Avenue,
dated October 17, 1994, objecting to the proposed assessment.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
94.217 Motion was made by Sindt, seconded by Johnson to close the public
assessment hearing on the Cedar Avenue reconstruction, northeast segment,
Improvement Project 89-1.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
94.218 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No.
94-226 adopting assessments for Improvement Project 89-1, Highway
reconstruction on Cedar Avenue, 160th Street West and Dodd Boulevard.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEMS 10-11
Mr. Jerry Shannon of Springsted, Inc. explained that Moody's have reviewed
and confirmed the City of Lakeville's A rating on general obligation debt. He
explained that the reason the City was not able to improve its rating to an Al
rating is because of the substantial debt burden of the combined taxing
jurisdictions, largely attributable to the overlapping debt of School District 194.
Mr. Shannon presented a resolution authorizing the sale of $5,505,000
General .Obligation Temporary Improvement Bonds, Series 1994A. He stated
bids were received at noon today. The best bid was. from Smith Barney
Shearson at a net. interest cost of $811,987.50 and a true interest rate of
4.9313%
Mr. Shannon also presented a resolution authorizing the sale of $3,675,000
General Obligation Park Bonds, Series 19946. The best bid for this issue was
from Norwest Investment Services, Inc. at a net interest cost of $3,366,060.63
and a true interest rate of 6.1748%. Mr. Shannon recommended award of both
bond issues.
94.219 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No.
94-227 authorizing issuance, awarding sale, prescribing the form and details
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 7
and providing for the payment of $5,505,000 General Obligation Temporary
Improvement Bonds, Series 1994A; and Resolution No. 94-228 authorizing
issuance, awarding sale, prescribing the form and details and providing for the
payment of $3,675,000 General Obligation Park Bonds, Series 19946.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill
ITEM 12
Mr. Erickson stated the City Council, at its October 3rd meeting, directed the
City Attorney to prepare findings of fact and decision for an amendment to the
zoning ordinance, modifying Section 36 by the addition of automatic car
washes in conjunction with convenience store fuel station operations as a
conditional use. Mr. Erickson recommended the City Council adopt the
findings of fact and ordinance, with a slight modification to Section 6c. as
recommended by Consulting Planner, David Licht, in his fetter dated October
17, 1994.
94.220 Motion was made by Harvey, seconded by Mulvihill to adopt the Findings of
Fact and Decision and Ordinance No. 534, an ordinance amending Ordinance
No. 167, the Lakeville Zoning Ordinance, modifying Section 36, the B-2 Zoning
District, by the addition of automatic car washes in conjunction. with
convenience store fuel station operations as a conditional use, with the
modification to Section 6c. as recommended by the Consulting Planner.
Roll call was taken on the motion. Ayes, .Johnson, Zaun, Sindt, Mulvihill,
Harvey..
ITEM 13
Mr. Erickson stated the City Council, at its October 3rd meeting, directed the
City Attorney to prepare findings of fact and decision on the rezoning of
property located at the intersection of County Road 46 and Dodd Boulevard
from-B-3,:Auto Oriented Business, to B 2, Retail Business. Mr. Erickson
recommended the City Council adopt the findings of fact and ordinance
rezoning this property from B-3 to B-2, which is consistent with the City's
Comprehensive Plan.
94.221 Motion was made by Sindt, seconded by Mulvihill to adopt the Findings of Fact
and Decision and Ordinance No. 535 rezoning property at the intersection of
County Road 46 and Dodd Boulevard from B-3, Auto Oriented Business, to B-
2, Retail Business.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 8
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 14
-Mr. Erickson stated the City Council,-at its October 3rd meeting, directed. the
City Attorney to prepare findings of fact and decision on the rezoning of
property at County Road 46 and Ipava Avenue from B-4 to B-2. He stated the
Planning. Commission and staff recommend the rezoning of the property from
B-4, General Business, to B-2, Retail Business, consistent with the City's
Comprehensive Plan .and the adjacent uses'which are compatible with the
surrounding area..
Mr. Dave Sellergren, attorney for the property owners, outlined his letter to the
City Council dated October 17, 1994. He stated his client feels that a number
of uses within the B-4 zoning would be suitable for this site and compatible
with the surrounding area, such as a family restaurant. He stated he feels the
opening of the County Road 46 interchange will result in increased traffic to
.this area of the City, regardless of what type of business is placed on this
parcel. He proposed a scenario whereby a Restrictive Covenant could be
recorded against the property which would prohibit. certain undesirable uses for
the property, while maintaining the B-4 zoning classification.
Mr. Dick Flint, one of the property owners, presented a proposed layout for the
property if the zoning remains at 6-4, showing a family restaurant on the east
side. and a day care center, which is currently being negotiated, on the west
side. He presented a layout showing a convenience store/gas station on the
east side, across from Crystal Lake Elementary School, if the property were to
be rezoned to B-2. He requested the Council consider their request to
eliminate certain undesirable uses from the. B-4 zoning and vote against the
down-zoning of the property to B-2.
Councilmember Sindt stated she felt amusement places,:#oy and variety stores,
which are allowed in the B-4 zoning,district, should not be Located across from
an elementary school.
Councilmember Harvey asked Mr. Flint how soon he plans to develop his
property. Mr. Flint stated the daycare center would like to begin construction
next spring if possible. He stated he would like to develop the property in the
next two to three years.
CITY OF LAKEVI~LE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 9
Councilrnember Harvey asked if a planned unit development can be achieved
for this property. Mr. Erickson stated staff feels the ultimate and best use of
this property will be driven by the opening of the County Road 46 interchange.
He stated many family restaurants require a liquor license, and staff feels that
a restaurant with liquor sales would not be appropriate across from an
elementary school .Staff feels. neighborhood commercial. uses would be more
appropriate for#his area.
Councilmember Johnson stated he has some concerns with eliminating certain
uses from a particular zoning.
Mayor Zaun stated he supports the rezoning to a less intense use.
94.222 Motion was made by Harvey, seconded by Mulvihill to adopt. the findings of fact
and decision and Ordinance No. 536 rezoning property at County Road 46 and
Ipava Avenue from B-4, General Business, to B-2, Retail Business; and
acknowledge receipt of a letter from David C. Sellergren, Doherty, Rumble &
Butler, dated October 17, 1994.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
Mayor Zaun recessed the meeting at 9:15 p.m. and reconvened at 9:20 p. m.
ITEM 15
Mr. Erickson stated the City Council, at its October 5th meeting, directed the
City Attorney to prepare findings of fact and decision for the rezoning of the
southerly 166 feet of Outlot A, Dakota Heights 7th Addition, from B-2 to R-5.
He stated the rezoning is consistent with the compromise presented by the
property owner's attorney at the October 5th Council meeting.
94.223 .Motion. was made by Sindt, seconded by Mulvihill to adopt the Findings of Fact
and Ordinance No. -532 rezoning the southerly 166 feet of Outlot A, Dakota
Heights°7th Addition, from B-2, Retail Business District, to'R-5, Single & Two
Family, Medium Density Residential District.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17,.1994
PAGE 10
ITEM 16
Mr. Richard Hindt requested Council approval of a variance and easement
vacation for his property located at 6655 Upper 167th Street West.
Mr. Dempsey explained that the variance and easement vacation request has
>been made by Mr. Hindt to allow the sale of the property following the buyer's
mortgage -company discovery #hat a portion of the home was constructed over
a drainage and utility easement. He explained that a survey and site
inspection of the property indicated: 1) the presence of a garage addition
constructed without a building permit and within a drainage and utility
easement; 2} two detached accessory buildings, both of which had non-
conforming setbacks and one being within a drainage and utility easement; 3}
a fence which does not conform to setback requirements; and 4} an unpaved
driveway.
The Planning Commission held a public hearing on the request and made the
following recommendations: 1) the driveway be paved and sod installed in the
boulevard between the property line and street access; 2) submittal of signed
letters from t`he adjacent property owners regarding the fence encroachment;
.and 3) remove one shed and relocate the other shed to conform with the
zoning ordinance. The Planning Commission and staff recommend approval.
Councilmember Harvey asked about the location of the power line within the
easement proposed to be vacated. Mr. Erickson stated the line is located
outside of the garage slab and within the unvacated portion of the drainage
and utility easement.
94.224 Motion was made by Johnson, seconded by Harvey to receive the Planning
Commission's Findings of Fact and Decision and approve a .building setback
variance and Resolution No. 94-229 vacating a portion of a drainage and utility
easement at 6655 Upper 167th Street West.
Roll call was aken on the :motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEM 17
Mr. Jon Skyberg requested Council approval of a conditional use permit to
allow an expansion to an existing non-conforming single family dwelling at
9845 Oak Shore Drive.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 11
Mr. Dempsey stated the purpose of the expansion is to improve the livability of
the home. The house is currently non-conforming in relation to the setback
from the south property line. The proposed additions conform to the minimum
required setbacks, and will be set back 81 feet from the Ordinary High Water
Level of Crystal Lake and 10.2 feet from the side yard. The Planning
Commission held a public hearing and unanimously recommended. approval
subject#o four stipulations as outlined in the September 28, 1994, planning
report. Staff recommends .approval
Councilmember Sindt asked if the house setback is consistent with other
homes in the neighborhood. Mr. Dempsey stated there is a wider than
average boulevard. The house is close, but not excessive.
Mr. Erickson pointed out that the non-conformity existed prior to the Skyberg's
purchasing this house.
94.225 Motion was made by Johnson, seconded by Harvey to receive the Planning.
Commission's Findings of .Fact and Decision and approve a conditional use
.permit for Jon and Jodie Skyberg to allow the expansion of an existing non-
.conforming. single family dwelling at 9845 Oak Shore Drive.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill
ITEM 18
Mr. Dennis Kroll of Appro Development requested Council approval of a
conditional use permit for Grist Mill Company, 21340 Hayes Avenue, to allow
off-site parking and impervious surface area in excess of 25%.
Mr. Sobota explained that Grist Mill is constructing a 9,000 square foot addition
on the east side of the existing manufacturing building. Due to the expansion,
12 to 15 parking stalls on the east side of the building will be lost. Grist Mill
owns: a number of separate dots of record and is proposing to .place deferred
parking on a separate parcel
Mr. Sobota went on to explain that the zoning ordinance allows an impervious
surface coverage area of more than 25 percent and up to 75 percent on
industrial zoned properties within the Shoreland Overlay District. Grist Mill is
attempting to purchase Lot 4, Block 4, Airlake Industrial Park First Addition,
which is currently owned by the Resolution Trust Corporation. Title .issues are
proposed to be resolved by December 5th, and the property is expected to be
available for sale at that time.. If Grist Mill is successful in acquiring this lot,
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1994
PAGE 12
Grist Mill could replat the separate parcels they. own, including Lot 4, into a
single parcel. The percentage of impervious surface area would be reduced
significantly for the manufacturing building parcel. A parking deferment would
be approved administratively. Staff recommends approval.
94.226 Motion was made by Johnson, seconded by Mulvihill to receive the Planning
Commission's Findings of Fact and Decision and approve a conditional use
permit for Grist MiII Company, located at 21340 Hayes Avenue, to allow off-site
parking and impervious surface in excess of 25% in the Shoreland Overlay
District.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 19
Mr. Tom Crouch, representing TNC, Inc., Eliason Construction Co. and Eliason
Enterprises, Inc., requested Council approval of the preliminary and final plat
of Raven Lake, located north of 185th Street and east of Kenwood Trail
Mr. Morey explained that the request is for the preliminary plat of Raven Lake,
the final plat of Raven Lake First Addition, and a variance to allow a cul-de-sac
street with a length greater than 500 feet. The preliminary plat of Raven Lake
consists of 37 single#amily residential lots, and the final plat of Raven Lake
First Addition proposes a first phase development of the southerly 13 lots.
Mr. Morey stated the gross density of the preliminary plat is 0.8 lots per acre,
and the average lot size is 21,604 square feet. Eight of the nine wetlands are
included in outlots to be deeded to the City. The developer is dedicating to the
City a 16.5 foot wide conservation easement around Raven Lake; and the
developer will install wood posts identifying the conservation easement areas.
The developer is proposing to save at least 59% of the significant trees. Staff
recommends approval
Councilmember Harvey asked if Phase One could include the 2 to 3 lots at the
south end of Jaguar Path, because of the proposed construction access on
Jaguar Path.
The developer's engineer explained that sanitary sewer service would not be
available to these lots until sewer is extended as part of the CSAH 50 project.
Councilmember Sindt asked about the potential for flooding on Outlot F.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 17, 1.994
PAGE 13
The developer's engineer explained that the drainage area to this wetland is
fairly small. A pipe. will be installed and connected to the City's storm sewer
system.
There were no public comments.
94.227 Motion was made by Harvey, seconded by Mulvihill to approve the preliminary
plat of Raven Lake, a variance for cul-de-sac street length, and Resolution No.
94-.230 approving the final plat of Raven Lake First Addition.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
UNFINISHED BUSINESS
94.228 Motion was made by Sindt, seconded by Mulvihill to direct staff to advertise the
vacancy on the Planning Commission created by the resignation of Phil Smith.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
• Zaun..
NEW BUSINESS None.
ANNOUNCEMENTS Next regular Council meeting, November 7, 1994.
Mayor Zaun adjourned the meeting at 10:20 p.m.
Respectfully submitted,
Charlene Friedges ity Glerk
Du ne Zaun, .May
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