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HomeMy WebLinkAbout06-20-94 a ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 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; K. Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Morey, Planner; F. Dempsey, Associate Planner; J. Hennen, Administrative Assistant/Recycling Coordinator; C. Friedges, City Clerk. MINUTES The minutes of the June 6, 1994, City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: None. CHIEF OF POLICE.: Chief Gudmundson presented the May Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the May Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Acting Mayor Sindt recognized Mayor Zaun for his recent receipt of the League of Minnesota Cities' C.C. Ludwig Award. A video recording of the award presentation was shown. Mr. Erickson introduced the 1994 Pan-O-Prog President, Mark Ruebel, along . with Board members .Dan Rogers, Sue Rogers and Joan Sjoquist. Mr. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 1994 PAGE 2 Ruebel presented. a plaque to Danny Barth of the Lakeville Fire Department in recognition of the Department's 110th anniversary.. Cable Coordinator Chris Oace introduced Mona Nash, Cable Intern. CITIZENS' COMMENTS: None. CONSENT AGENDA 94.114 Motion was made by Harvey, seconded by Mulvihill 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, June 2nd Parks & Recreation Committee, June 1st Environmental Affairs Committee, May 31st • d. Approve change orders for the police station expansion/remodeling project. e. Resolution No. 94-123 granting. approval to the Lakeville Hockey Boosters. for a raffle. f. Approve Right-of-Way Agreement with New Century Construction, Inc. for Lot 1, Block 1, Lakeville Hills. g. Approve change order No. 1 with Barbarossa & Sons for repair of sanitary sewer in Airlake :Industrial Park, Improvement Project 92-18. h. .Resolution No. 94-124 calling a public hearing on the proposed assessments. for the southeast segment of Cedar Avenue, Improvement Project 89-1. i. Receive-bids and approve Resolution No. 94-125 awarding contract for Well No. 9, Improvement Project 94-6. j. Authorize Dakota Electric Association to bury overhead utilities along • County Road 46 from Joplin Avenue to Ipava Avenue and County Road 5, Improvement Project 91-3. CITY OF LAKEVtLLE COUNCIL MEETING JUNE 24, 1994 PAGE 3 k. Resolution No. 94-1.26 accepting donation from Grist Mill. i. Approve Lakeville Senior Center Policy/Operational Manual dated 6/15/94 and Resolution No. 94-127 establishing rental policies and fees for use of the Senior Center. rn. Resolution No. 94-128 authorizing the closing of City streets for Pan-O- Prog events. n. Approve extension of liquor and cabaret licenses for the Chart House. Restaurant to include the outside area on July 3rd. o. Approve extension of liquor and cabaret licenses for Babe's Sportsbar & Grill to include the outside area during Pan-O-Prog, July 8-10. p. Approve maintenance agreement with Dakota County for care and upkeep of the County's trail system located within the City of Lakeville. q. Authorize submittal of a Dakota County Community Landfill Abatement Special Assistance Grant Application, r. Approve change order for Lakeville Civic Arena project. s. Approve agreement between John. A. Elder, LELS, 1nc., and the City of Lakeville. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 8 Mr. Jim Render of Render Development, Inc. requested final plat approval of Kenwood Oaks Second Addition, along with the vacation of an existing boundary drainage and utility. easement. Mr. Morey presented the plat of Kenwood Oaks Second Addition, which consists of 38 single family residential lots at the southeast corner of 162nd Street and Kenwood Trail. The plat is zoned R-2, and the easterly half of the final .plat lies within the Shoreland Overlay District of Lee Lake. The final plat proposes 10 fewer lots than the approved preliminary plat. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 1994 PAGE 4 Mr. Morey stated the tree preservation plan submitted proposes to save 25°~ of the significant trees. Additional significant trees which are located adjacent to County Road 46 may be saved by Dakota County as part of the County Road 46 improvement project. Mr. Morey explained that when the preliminary plat of Kenwood Oaks was approved, the City did not have a tree preservation requirement. The tree preservation proposed. with the final plat represents a significant improvement over the tree preservation that would have occurred with the previously approved preliminary plat. The Planning Commission held a public hearing on the final plat and easement vacation and recommended approval. Staff recommends approval. Councilmember Sindt asked about the commercial zoning in the area surrounding the plat. Mr. Morey explained that the YMCA property at County Roads 46 and 5, .currently zoned B-2, is proposed to be rezoned to R-A, and the property on the east side of Kent Trail is recommended for commercial zoning. Councilmember Sindt suggested signs be placed on the commercial property indicating that it is zoned for commercial use. • Councilmember Harvey asked who would be responsible for paving and maintaining the. proposed 240-foot driveway on the Schultz property. Mr. Morey indicated that Dakota County recommended elimination of the driveway access onto CSAH 5. He explained that the property owner, at this time,. intends to keep his access onto County Road 5. However, the property owner and developer have. agreed to designate the 20-foot strip as an outlot, and the developer will deed the outlot to the City at this time. At such time as the property owner decides to relocate the driveway, .the City would deed the outlot to the property owner. Councilmember Harvey asked about the extension of sewer and water to two homes on the west side of County Road 5. The City Engineer explained that when the County. acquired right-of-way for widening County Road 5, it also acquired the drainfields of these #wo homes. Rather than replace the septic systems, sanitary sewer and water wilt be extended to serve these two homes. The City wiFl participate in 45°l0 of this cost. Councilmember Johnson. asked if there is-any known oak wilt in the area, and the developer stated there is none.. Councilmember Harvey asked if any fill is required under footings. The City • Engineer explained that six lots will require fill, up to a maximum of 11 feet. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 1994 PAGE 5 Mr. Render stated he would recommend to the builder #hat spread footings. be used. He stated he would also be willing to allow some of these lots to be left unbuilt until after a full frost cycle has occurred to allow for settling. 94.115 Motion was made by Sundt,. seconded by Harvey to approve Resolution No. 94-429 vacating a drainage and utility easement in Kenwood Oaks. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. 94.116 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 94-130 approving the final plat of Kenwood Oaks Second Addition. Councilmember Harvey amended the motion to include the provision that lots requiring over five feet of fill have spread footings or not be built on until after at least one frost cycle has occurred. Amendment seconded by Mulvihill. Roll call was taken on the amendment to the motion. Ayes, Sundt, Mulvihull, Harvey, Johnson,. Zaun. Roll call was taken on Motuon No. 94-116. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. 94.417 Motion was made by Mulvihulf, seconded by Sindt to authorize the Mayor and Cuty Clerk to sign the Temporary Easement with Okay Construction Company. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sundt, Mulvihill. ITEM 9 Mr. Harold Koble requested Council approval of a condituonal use permit to allow the construction of a 2,400 square. foot detached accessory bui ding on theur property located at 7725-202nd Street West. Mr. Dempsey presented the plannung report. He stated the Koble property is located outside the 2010 MUSH on a ten acre .parcel with a private well and septic system. The area adjacent to the Koble property is characterized by ten acre parcels. He explauned that the Koble's intend to use the accessory building as a stable to house up to six horses. CITY OF LAKEVILLE COUNCIL. MEETING JUNE 20,.1994 PAGE 6 • The Planning Commission held a public hearing on the conditional use permit request and unanimously recommended approval.. Staff recommends approval. Councilmember Sindt asked if the adjacent property owners are aware that. the Koble's plan to use the building for horses. Mr. Koble stated he spoke personally to each of his neighbors, and they are aware of the intended use of the barn. Mr. Koble requested a one year extension for the. pavement of his driveway to allow for settling. Staff recommended Mr. Koble deposit a $500 security to insure completion of the driveway paving by November 1,.1995. Mr. Koble agreed to post the security. 94.118 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 for Harold and Marketta Koble to allow the construction of a detached accessory building at 7725-202nd Street West, with the date in Condition K being changed from November 1, 1994, to November 1,.1995, and the addition of Condition L to read as follows, "A $500 performance security deposit shall be submitted to guarantee the paving of the driveway." Roll call was taken on the motion. Ayes, Johnson, Zaun, Mulvihill, Harvey. Nay, Sindt. Councilmember Sindt stated she felt the neighborhood will change in the foreseeable future and. the use of the accessory building #or horses will be inappropriate for the area. ITEM 10 Mr. Ken Burkman requested Council approval of a conditional use permit to move a previously occupied dwelling from 18386 Ipava Avenue to 18459 Ipava Avenue,. and allow two drive accesses. Mr. Dempsey explained that the City of Lakeville recently purchased the Tabaka property at 18386 Ipava Avenue for construction of a water treatment plant. The house is proposed to be moved this summer. Mr. Burkman asked that he be given until. November 1,.1995 to pave his driveways. • 94.119 Motion was made by Johnson, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve a CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 1994 PAGE 7 • conditional use permit for Kenneth Burkman to allow a previously occupied single family dwelling to be moved from 18386 Ipava Avenue to 18459 Ipava Avenue, and. allow two drive accesses, with Condition 1 of the conditional use permit to read as follows, uAll :driveways shat) be paved with concrete or bituminous no later than November 15, 1995. A $500 security deposit shall be retained to guarantee the pavement of the driveways." Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 11 Cable Coordinator Chris Oace presented a resolution ratifying :prior approval of the transfer of the cable television franchise from Star Cablevision to Marcus Cable. He explained that the transfer of assets between the two companies has been delayed due to renegotiation of the purchase price. An agreement has been reached that reduces the purchase price by more than $12 million. As a result, Marcus Cable will have .less debt than originally planned. Mr. Erickson pointed out, as stated in the letter from Moss & Barnett, the City's legal counsel, that the reduced purchase price should ultimately have a positive. impact on the system and the subscribers which it serves. 94.120 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No, 94-131 ratifying prior approval of the transfer of the cable television franchise. Roll call was taken. on the motion. Ayes,. Stndt, Mulvihill, Harvey, Johnson, . Zaun. ITEM 12 94.121 Motion was made by Harvey, seconded,by Sindt to recommend the appointment of Ms. Shannon Bailey as Lakeville's representative to the Dakota Alliance for:Prevention. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 13 • CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 1994 PAGE 8 94.122 Motion was made by Harvey, seconded by Mulvihill to set a Council work session for Tuesday, July 12, at 6:00 p.m. at the office of Short, Elliott, Hendrickson, Inc. Roll call was taken on the motion. Ayes,. Harvey, Johnson., Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS None. NEW BUSINESS A discussion was held concerning the water efflorescence and structural issues at Fire Station #1. Councilmembers requested an architectural review of the structural condition of the building. The Council also requested that an architectural report also take into consideration existing. and future space utilization, energy efficiency, aesthetics, site landscaping and signage. Mr. Erickson stated the architectural report could be submitted in 1994, with recommendations to be considered as part of the budget process. Any improvements or construction would take place in 1995. 94.123 Motion was made by Sindt, seconded by Mulvihill to authorize staff to solicit proposals for the preparation of an architectural report, which would delineate the issues and costs involved with building improvements to Fire Station #1. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sundt, Mulvihill, Harvey. ANNOUNCEMENTS Next regular Council meeting, July 5, 1.994. Special Council meeting, June 29, 1994 Mayor Zaun adjourned the meeting at 8:50 p.m. Res ectfully submitted, r D ane Zaun, a or Charlene Friedges, Clerk