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Home My WebLink About10-03-94 • i" CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 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: Councilmembers Johnson, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; D. Gudmundson, Chief of Police; B: Christensen, Fire Chief; J. Hennen, Recycling Coordinator; F. Dempsey, Associate Planner; D. Morey, City Planner; D. Krings, Chief Building Official; L. Gustafson, Assessment Clerk; D. Licht., Consulting Planner; C. Friedges, City Clerk. MINUTES The minutes of the September 19th regular Council meeting and the September 14th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADM/NISTRATOR: Mr. Erickson provided an updated resolution for Item 7d, a letter of support from ISD 192 for Item 7u, and an updated resolution for Item 8. Mr. Erickson suggested the City Council table consideration of Item 7t until the next regular Council meeting. PRESENTATIONS/INTRODUCTIONS Fire Chief Christensen stated the Lakeville Fire Department will host an Open House on Wednesday, October 12th, in conjunction with Fire Prevention Week. 94.190 Motion was made by Harvey,. seconded by Mulvihill to proclaim the week of October 9 through 15, 1994, as Fire Prevention Week. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,. Harvey. 1 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 2 John Hennen, Recycling Coordinator, presented a proclamation proclaiming the week of October 3 through 9 as Waste Reduction Week. He stated the City will, throughout the week, work cooperatively with Enggren's Food Center and Our Family Foods to display and distribute information on environmentally sensitive shopping techniques, source reduction and recycling literature. Arnie Dick of Our Family Foods was present to accept the. proclamation. 94.191 Motion was made by Sindt, seconded by Harvey to proclaim the week of October 3 through 9, 1994, as Waste Reduction Week in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. Chief Gudmundson introduced Shayna Behnke, Communications Technician, and Nicole Sack, Community Service Officer with the Lakeville Police. Department. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed Item 7t, ordinance concerning the use of motorized golf carts, from the consent agenda. Councilmembers added. Items 10, 11, 12, 14 and 15 to the consent agenda. 94.192 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, September 22nd Parks & Recreation Committee, September 21st Environmental Affairs Committee, September 20th c. Appointment of Jim Robinette and William Wendler to the Vermillion River Watershed Management Commission. d. Resolution No. 94-212 appointing election judges for the November 8th General Election. • e. Change orders for the ice arena project. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 3 f. Extension of the preliminary plat of Town & Country to February 1, 1995. g. Cancellation of the service contract with E.A.H. Schmidt and Associates, Inc. h. ,Special Assessment Agreement with Jeffrey Braun and Harvey Erickson, 8820 - 210th Street West. i. Resolution No, 94-213 calling a public hearing on the proposed assessments for weed/grass removal.. j. .Final payment and acceptance of improvements for Foxborough storm sewer improvements, Improvement Project 93-8. k. Storm sewer credits and storm sewer area charge for Lake Marion Estates 3rd Addition. 1. Resolution No. 94-214 calling a special assessment. hearing for District 7 bituminous overlay and Highview Avenue street improvements, Improvement Project 93-10. m. Receive bids and approve Resolution No. 94-215 awarding contract for Pumphouse No. 10, Improvement Project 94-9B. n. Final payment and acceptance of miscellaneous drain the and storm sewer improvements, Improvement Project 92-16. o. Final payment and .acceptance of 188th Street/Orchard Trail watermain improvements, Improvement Project 92-19. p. Establishment of a Snowmobile Trail System Task Force and authorize staff to solicit membership for the task force. q, Re-designation of Dodd Boulevard between Cedar Avenue and Highway 50 as a county trail corridor. r. Receive letter from Kingsley Lake property owners dated August 15, 1.994. s. Resolution No. 94-216 supporting the Dakota County juvenile curfew ordinance. t. Removed from consent a ends . 9 ) CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 4 u. Dakota Alliance for Prevention Community Initiative Funding Application. v. Resolution. No. 94 217 authorizing the City Attorney to engage the services of an appraiser. 10, Approve a conditional use permit for James Swenson to allow an office building on land located west of Dodd Boulevard and north of Kenwood Trail 11. Approve a special home occupation permit for Mazen Jodeh to allow a photography studio at 17131 Jefferson Avenue. 12. Approve a conditional use permit for Gerald D. and Diane F. Bedeaux to allow. the. construction of Leo's South in the northwest corner of 164th Street and Kenrick Avenue. 14. Resolution No. 94-219 approving the final plat of Golden Pond First Addition. 15. .Resolution No. 94-220 approving the final plat. of Bracket#'s Crossing Third Addition. Roll caN was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 7T 94.193 Motion was made by Harvey, seconded by Mulvihill to table consideration of the ordinance amending Title 7 of the Lakeville City Code concerning the use of motorized golf carts until the October 17th Council meeting. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 8 Mayor Zaun opened the public hearing on the. certification of delinquent utility accounts. The City Clerk attested that legal notices were duly published and mailed. Mr. Feller presented an updated list. of delinquent utility accounts, which will be certified to the County Auditor and collected with property taxes on said parcels. In addition to certifying fhe amount delinquent, he explained, the City CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 5 also includes a $25 service charge to cover the cost of certification, and 21 interest (12°~ per annum.} is also added. The total amount to be certified is $59, 705.22. There was no public comment. 94.194 Motion was made by Johnson, seconded by Harvey to close the public hearing on the certification of delinquent. utility accounts. Roll call was taken on the motion. Ayes, Harvey, Johnson, .Zaun, Sindt, Mulvihill. 94.195 Motion was made by Harvey, seconded by Johnson to approve Resolution No. 94-218 certifying unpaid water, sewer and street lighting charges to the county Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Johnson., Zaun, Sindt, Mulvihill, .Harvey. ITEM 9 Mr. Dennis Leisten, 12300-168th Street West, requested Council approval of a variance to allow the construction of a garage addition and the renovation of his single family residential dwel ing. He stated the addition and remodeling is proposed to increase the livability of their home. Mr. Dempsey explained that the existing house was constructed in 1979, fallowing the approval of a variance to allow a 27 foot setback from the Orchard Lake ordinary high water level, and a 10 foot setback from 168th Street. Prior to Mr. Leisten purchasing the property in 1994, the previous property owners received approval for an administrative lot reconfiguration, which increased the lot size from 9,200 square feet to 15,375 square feet. The -previous property owners dedicated boundary, drainage and utility easements as part of the administrative subdivision. Mr. Dempsey explained that the Leisten's are proposing to construct a new three-stall garage and convert the existing two-stall garage into additional Living area for the home. They plan to raise the roof in the upper level of the home to create additional ceiling height. They are also proposing to eliminate that portion of the existing deck and concrete slab which encroaches into the 27 foot setback area.. The proposed setbacks will be 27 feet for an existing deck, 33.5 feet for the proposed addition and 10.2 feet from the 168th Street right-of-way. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 6 Councilmember Harvey stated he was on the Planning Commission in 1979 when a variance allowing construction of this house was approved. He indicated that he was opposed to granting the variance in 1979 and feels it is inappropriate to grant an additional variance for the same property. 94.196 Motion was made by Johnson., seconded by Mulvihill to grant a variance to Dennis Leisten to allow the construction of a garage addition onto an existing non-conforming single family residential dwelling located at 12300-168th Street West. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson. Nays, Harvey. Councilmember Harvey stated he was opposed to another variance being granted on this parceh ITEM 13 Mr. Morey presented the application of Lakeville Court Limited Partnership for a planned unit development to allow the construction of a seven building apartmentltownhouse complex on the east side of Dodd Boulevard, south of Kenwood Trail. All seven buildings will have attached garages. An additional 80 exterior parking spaces will be provided on site. Mr. Morey explained that the developer has agreed to dedicate a roadway, drainage and utility easement for the future upgrade of Dodd Boulevard, and a drainage and utility easement along the northeast and south property boundaries. The developer is also providing a cash escrow for the future upgrade of Dodd Boulevard. He went on to explain that the developer will install 27 spruce. trees on the south side-of the chain link fence in response to a request that residents expressed at a neighborhood meeting. At the request of the Planning. Commission, the developer isproposing to install a 42 inch high .chain link fence along the northeast property line adjacent to the railroad tracks. Mr. Morey stated the developer is requesting low income housing tax credits .and tax increment financing for this project, both of which are allocated by the Dakota County Housing and Redevelopment Authority. Final consideration by the Dakota County HRAwill take place on November 1, 1994. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 7 • Councilmember Sindt asked about the proposed placement of the laundry area. Mr. Morey stated the .plans have been modified to place the laundry area on the first floor for the handicapped units. Councilmember Sindt asked how many handicapped units are required to be built and whether these: units are. fully accessible or adaptable. Mr. Kevin Kohorst, representing the developer, Sand Companies, stated the units are handicapped adaptable. He went on to explain that there was a difference of opinion between his architect and Mr. Krings, the City's chief building official, regarding the interpretation of the statute which establishes the requirement for the number of handicapped units. He stated Sand Companies intends to comply with all applicable building codes and will address these issues in more detail with Mr. Krings at the time a building permit is applied for. Mr. Erickson stated the site plan has been changed by the developer and no longer includes brick on the front exterior of the buildings, as originally proposed by the developer. Mr. Kohorst stated they intend to build the project as originally planned; however, if the project runs over budget, they may have to eliminate the brick and substitute. a face brick,. which looks like brick but is less costly. Councilmember Johnson pointed out that the developer told the neighboring residents that the buildings would be constructed with brick, and he felt that the developer should follow through with that commitment. Mr. Erickson suggested that the Council .require the developer to amend Exhibit G to specifically denote the placement of brick below the windows, 94.197 Motion was made by Harvey, seconded by Mulvihill to approve a Planned Unit Development for Lakeville Court Apartments, located on the east side of Dodd Boulevard, south of Kenwood Trail, with the condition that Exhibit G be modified to include brick below the windows of the buildings, and with the condition that the number and type of handicapped units be at the discretion of the Chief Building-0fficial. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. Mayor Zaun recessed the meeting at 8:10 p.m. and reconvened at 8:20 p. m. r CITY OF LAKEVtLLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 8 .ITEM 16A Planning Consultant David Licht provided the background on the B-2 Zoning Study and presented a proposed ordinance amendment to allow commercial car wash operations as an accessory use associated with convenience store/motor fuel sales. He explained that automatic car washes are being proposed only in association with convenience stores offering motor fuel sales. Staff feels such_activities are generally acceptable, provided adequate precautions are taken. to buffer and protect surrounding properties. Councilmember Harvey pointed out. that the conditional .use permit process must be followed for each of these convenience stores with motor fuel/car wash. 94.198 Motion was made by Harvey, seconded by Mulvihill to direct the City Attorney to prepare findings of fact and decision in support of an ordinance amending the Lakeville Zoning Ordinance, modifying Section 36 by the addition of automatic car washes in conjunction with convenience store fuel station operations as a conditional use, to be considered at the next regular Council . meeting. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 16B Mr. Licht presented a proposed amendment to the Lakeville Comprehensive Plan to change the suggested .land use south of 175th Street and east of Lpava Avenue from Commercial District to Low/Medium Density Residential District. Mr. Licht reviewed. the Planning Report prepared by Northwest Associated Consultants dated September 15, 1994 (copy on file in the City Clerk's office). Mr. Licht highlighted the advantages and disadvantages of both R-4/R-5 and B-2 .zoning at this site. Mr.-Brian Ketchum, 17545;1onia Path, presented a letter stating .his support. of the rezoning to R-4/R-5. (Letter on file in the City Glerk's office). Mr. James Stewart, 9319 -173rd Street West,. stated he supports the rezoning #o R-4/R-5 and presented copies of a letter to the City Administrator from School Superintendent Carl Wahlstrom, dated September 26, 1994. Councilmembers indicated that they had received Mr. Wahlstrom's letter with their packet. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 9 Mr. Glenn Nord, representing several of his clients, stated they feel if a property owner. has had continuous zoning. on a parcel for 18 years, and if that zoning can now be taken away, or reduced, what protection do others have in the future, and how many of these types of applications will the City be faced with as the community continues to develop. He stated consideration must be given to the integrity of the City's zoning and comprehensive plan for this developer-as well as others. Ms. Pam Berger, 17685 Iceland Trail, stated she supports the rezoning to R-4 or R-5. She provided a report from. the Lakeville Police Department relating to statistics involving convenience stores with motor fuel sales from the period of July 1, 1986 to September 28, 1994. She also presented a letter from Lisa and Joel Enggren, owners/operators of the Tom Thumb store on Highway 50 and I- 35, indicating that they feel convenience stores should be .located away from neighborhoods and school yards. (Letter on file in the City Clerk's office..) Mr. Terry Love, 9415 -.178th Street West, asked the following questions: 1) What are the City's plans for 175th Street as a collector street? 2) What are the City's plans for Ipava Avenue as a minor arterial street? 3) What are the plans for traffic signals at this intersection? 4) If roadways are going to be upgraded, how are these improvements going to be financed? Mr. Steve Snyder, 17855 Isle, stated he is opposed to commercial zoning on this site. Ms. Darcy Jones, 9320-176th Street, presented a petition from Lakeville residents in support of the Comprehensive Plan amendment. and rezoning from B-2 to R-5. (Petition on file in the City Clerk's office). Ms. Barbara VanEps, 17480 Isleton Avenue, stated she is in favor of the commercial zoning, in that it would provide additional tax revenue for the entire city and school system. Mr. Bruce Malkerson, Attorney representing. the property owner, referenced .his letter to the Lakeville Planning Commission dated September 21, 1994 (Letter on file in the City Clerk's office), and referred to "all of the good planning reasons why this property should remain zoned B-2", as outlined in the planning report. Mr. Malkerson asked the Council to consider tabling this matter to allow he and his client to review additional information that has just been submitted by the CITY OF tAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 10 • residents. He presented a letter from Thomas W. Heiberg of Land'Sake, which states that if the subject .property were rezoned for 16 townhouse units, it would have a raw land value of $60,000. Ms. Sharon Hagen, 17326 Ipswich Way, read a summary statement on behalf of the area. residents. in support of R-5 zoning. Councilmember Sindt asked how much R-5 land is currently available in the City. Mr. Erickson stated there are 65.9 acres of undeveloped R-5 land. Councilmember Harvey stated his concern with changing the commercial zoning across from one school (Christina Huddleston) and not another, as there is currently commercial property across from Crystal Lake Elementary School. Councilmember Johnson stated he feels the Council must respect the legal rights that property owners have. Councilmember Mulvihill stated she felt that when Mr. Johnson re-purchased • this property, he did so with the knowledge that the City would not approve the use of a convenience store with gasoline sales. Councilmember Sndt stated she feels this area will be greatly impacted when 162nd Street becomes an access to I-35, and that will result in less focus on the 175th Street/Highway 50 area. She stated she feels that when a person buys a piece of land with a certain expectation, that person is entitled to that expectation. .Mayor Zaun stated he feels, in his observations as a school teacher, that a convenience store with gasoline sales in close proximity to a school is inappropriate. In his research, he found that cities can rezone property for several reasons, including significant and unanticipated changes in the community due to social behavior, mistakes made when the comprehensive plan was adoptedor a new facility constructed in the area. He stated the -:construction of Christina Huddleston Elementary School has changed the area, and. he feels the rezoning is justified. Mr. Erickson provided the following responses to Mr. Love's earlier questions: 1) The next phase of development on 175th Street would be to allow a three- lane facility. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 . - PAGE 11 2) Ipava Avenue is proposed to be developed as a parkway from Antlers Park to 160th Street in a four-lane configuration. 3) Warrants must be met before traffic signals can be installed at any .intersection. He stated he feels the school crossings and/or increased traffic volumes could warrant traffic signals at this intersection some day. 4) Street improvements for-175th Street and ipava.Avenue, both of which are on the municipal state aid street system, would be funded using. state aid funds, as well as assessments to the adjoining properties. Mr. Erickson suggested the City Council authorize the City. Attorney to prepare findings of fact and decision on the proposed rezoning and set a special Council meeting to take formal action on this matter. Mayor Zaun recessed the meeting at 9:50 p.m. and reconvened at 10:05 p,m. The City Attorney recommended he be directed to prepare findings of fact and decision. in favor of the rezoning and findings of fact and decision not to • rezone, so that the reasons. for either decision are documented. 94.199 Motion was made by Mulvihill, seconded by Harvey to acknowledge receipt of the following documents as part of the official record on this. matter: • .Comprehensive Plan dated November, 1981 • Comprehensive Plan Update dated November, 1986 • Comprehensive Plan Update dated March, 1988 • Lakeville Zoning Ordinance, as amended • Northwest Associated Consultants, Inc. report, as corrected,-dated September 15, 1994 • Letters from Bruce Malkerson dated September 21, 1994 and September 30, 1994 • Planning Commission meeting minutes of September 22, 1.994 • B-2 Zoning Study prepared by Northwest Associated Consultants, Inc. dated October, 1993 • .Agenda Item #16 packet material for the October 3, 1994, City Council meeting, dated September 30, 1994 • Letter from Superintendent Cart Wahlstrom dated September 26, 1994 • Letter from Brian Ketchum, 17545 Ionia Path • B-2 Zoning Study/Rezoning File • Zoning ordinance amendment - B-2 Motor Fuel Sales File 'i • Letter from Lisa and Joel Enggren CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 12 • • Memo from Officer Strachan to Pam Berger dated September 28, 1994 • Petition from Lakeville .residents in support of R-5 rezoning • Telephone call slips from residents in favor of R-5 rezoning • Le#ter from Land'Sake dated September 30, 1994 • Written copy of remarks presented by Sharon Hagen • Letter from Rita Frevert dated September 21, 1994. and written statement Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, , Sindt, Mulvihill. 94.200 Motion was made by Harvey, seconded by Mulvihill to direct the City Attorney to prepare findings of fact and decision for rezoning property south. of 175th Street and east of Ipava Avenue from Commercial District to Low/Medium Density Residential District, and direct the. City Attorney to prepare findings of fact and decision to take no action. on the rezoning. Roll call was taken on the motion. Ayes, Johnson, Sindt, Mulvihill, Harvey. Nays, Zaun.: Mayor Zaun stated he feels the City Attorney is being placed in an uncomfortable position by preparing findings of fact and decision for both issues. 94.201 Motion was made by Harvey, seconded by Sindt to set a special Council meeting for Wednesday, October 5, 1994, at 7:00 p.m. to consider the findings of fact and decision on the rezoning of property located south of 175th Street and east of Ipava Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. .94.202 Motion was made by Harvey, seconded by Mulvihill to extend the Council meeting beyond the 10:30 adjournment time. .Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 16C Mr. Licht presented a proposed ordinance rezoning a vacant 2.5 acre parcel at the intersection of County Road 46 and .Dodd Boulevard from B-3, Auto Oriented Business, to B-2, Retail Business. Mr. Licht explained that in 1984, the property was rezoned from R-2 to B-3 to accommodate a proposal for a convenience gasoline facility. In 1987 an application was made to develop the site with a PDQ store, however, the proposal was never finalized. The recent CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 13 • ordinance which allows gasoline sales in conjunction with convenience grocery stores in the B-2 district will allow this property to develop as planned. Mr. Licht outlined the Planning Report dated September 15, 1994. (Report on file in the City Clerk's office). He highlighted the advantages and disadvantages of B-3 and B-2 zoning at this site. 94.203 Motion was made by Johnson, seconded by Mulvihill to direct the City Attorney to prepare findings of fact and decision, to be considered at the next regular Council meeting, for the rezoning of property located at the intersection of County Road 46 and Dodd Boulevard from B-3 to B-2. Rohl call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sundt. ITEM 16D Mr. Licht presented a proposed ordinance rezoning a two acre parcel at the intersection of County Road 46 and Ipava Avenue from B-4, General Business, to B-2, Retail Business.. He explained that in 1987, the City rezoned the property from B-2 to B-4 to allow a convenience store with gas sales. Due to a recently approved zoning ordinance amendment, convenience stores with gas sales are allowed in the B-2 zoning district as a conditional use. Based on a review of the surrounding land uses, it would appear that the uses for the subject property are more conducive to a B-2 zoning designation, that being low intensity neighborhood commercial, 94.204 Motion was made by Harvey, seconded by Mulvihill to receive a letter from David Sellergren, representing the owners of the property Located in the southwest corner of the intersection of 162nd Street West (County Road 46) and Ipava Avenue, dated October 3, 1994. (Letter on file in the City Clerk's office}. Roll call was .taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. Mr. Sellergren stated his clients are opposed to the rezoning of this parcel from B-4 to B-2, as there are a number of uses allowed in the B-4 zoning district which are not-allowed in the B-2 zoning district. He stated he would like additional time to work with City staff on a site design and layout for development of the property. i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1994 PAGE 14 • Mr. Erickson stated he felt this issue should not be driven by a design, but rather-the appropriateness of the zoning. and Comprehensive Plan. He suggested the City Council direct the City Attorney to prepare findings of fact and decision in support of the rezoning, and sugges#ed that staff meet with the property owner regarding the remote possibility of zoning the property to a Planned Unit Development. 94.205 Motion was made by Harvey, seconded by Mulvihill to direct the City Attorney to prepare findings of fact and decision, to be considered at the next regular Council meeting, for rezoning of the property located at the intersection of County Road 46 and Ipava Avenue from B-4, General Business, to B-2, Retail Business. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS: Next regular Council meeting, October 17, 1994 Special Council meeting, October 5, 1994 Special Council meetinglCounciltyork session, October 11, 1994 Mayor Zaun adjourned the meeting at 10:50 p.m. ..Respectfully submitted, , Charlene Friedges, ity Clerk Du ne Zaun, May •