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HomeMy WebLinkAbout02-07-94 c CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 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: 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; J. Robinette, Public Works Director; D. Krings, Chief Building Official; J. Hennen, Planning Assistant; F. Dempsey, Associate. Planner; C. Friedges, City Clerk. MINUTES The minutes of the January 3, 1994 and January 18, 1994 City Council meetings were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson requested an executive session of the City Council immediately following the Council meeting to discuss pending litigation. Mr. Knutson presented an Order, signed by District Court Judge Lynch, regarding the acquisition of property for drainage channel clean-out, agenda Item 16. ENGINEER: None. ADMINISTRATOR: Mr. Erickson provided a letter from the Lakeville Hockey Association regarding the availability of additional funding and copies of plans and specifications for the Lakeville Civic Arena project, agenda Item 10. He requested the City Council consider, under New Business, a conditional use permit for Thomas and Ann Graney Hoffman, 8315-140th Street W. (Item 19a), and a raffle license for All Saints Parish (Item 19b). .PRESENTATIONS/INTRODUCTIONS Mayor Zaun presented a certificate of appreciation to Rachel Helkenn for the donation of her Lakeville historical scrap books to the City's archives. Eileen Fondell introduced Ms. Lori Covey, who is serving an internship at the Lakeville Senior Center. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed Item 7m from the consent agenda, and added Items 11 and 19b to the consent agenda. t +'t- CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7, 1994 PAGE2 94.14 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: Park Bond Referendum Task Force, January 13 and January 27 :..Environmental Affairs Committee, January 18 Parks & Recreation Committee, January 19 Planning Commission, January 20 Economic Development Commission, January 25 c. Accept professional services proposal from Eide Helmeke for Utility Fund audit. d. Resolution No. 94-17 authorizing execution of agreement for Deputy Registrar's access to Department of Public Safety license and motor vehicle records. e. Approve Assignment of the Antenna Site Lease Agreement with WestLink. f. Approve Landscape Maintenance Agreements with Jeff Reisinger Lawn Care Service ($6,412) and Paul's Lawn & Garden ($6,370). g. Resolution No. 94-18 adopting personnel policies concerning family and medical leave, sick or injured child. care leave, and school conference and activity leave. h. Resolution No. 94-19 authorizing reimbursement for use of personal auto on City business and establish the policy, requirements and conditions. i. Resolution No. 94-20 authorizing purchase of a dump truck chassis from .Boyer Ford and a dump body, plow and sander from Crysteel, Inc. j. Approve License Agreement with Datron Corporation (Countryview) for stockpiling of material, Improvement Project 92-13. k. Approve storm sewer. credits, Timber. Ridge South. 1. Approve storm sewer credits, Homestead Creek East 2nd Addition. m. (Removed from Consent Agenda). n. Approve Settlement Agreement with Gaylen R. Olson for Grant of Permanent Easement, North Creek drainage channel clean-out, Improvement Project 92-13. o. Approve Fire Marshal's attendance at National Fire Academy. _ CITY OF LAI~EVILLE COUNCIL MEETING FEBRUARY 7, 1994 PAGE 3 p. Resolution No. 94-22 setting salaries for City of Lakeville instructors and seasonal employees. q. Resolution No. 94-23 authorizing installation of stop signs r. Approve Joint Powers Agreement for crack sealing with the City of Burnsville. s. Resolution No. 94-24 vacating a drainage .and utility easement on Lot 11, Argonne Farms. t. Approve tree service operator license for B & J Tree Care. u. Resolutions No. 94-25, 26, 27 and 28 accepting donations to the DARE program from Arden International Kitchens, 1st National Bank, Kennedy PTO and Marquette Bank. v. Approve extension of Conditional Use Permit No. 93-01, Ellison garage expansion, to November 30,1994. w. Approve election of Barry Christensen as Fire Chief. and Allen Braun as District Chief of the Lakeville Fire Department. x. Approve Change Order No. 1-1 with C.F. Haglin & Sons Co. for the police station expansion and remodeling project. y. Final acceptance of utility and street improvements, Homestead Creek East. 11. Approve conditional use permit for Dakota Electric Association to allow. the relocation of an existing electrical substation and installation of new substation equipment at 16006 Kenwood Trail. 19b. Resolution No. 94-31 approving a raffle license for All Saints Parish. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 7M Councilmember Harvey asked staff to provide specific funding sources for the City's share of the County Road 46/CSAH 5/I-35 interchange project. Mr. Erickson outlined the funding sources and stated staff will provide this information to the Council at an upcoming work session. 94.15 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 94-21 receiving the feasibility report and calling a public hearing for County Road 46/CSAH 5/I-35 interchange, Improvement Project 91-3. CITY OFT "AKF VILLE COUNCIL MEETING FEBRUARY 7,1994 PAGE 4 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill,. Harvey, Johnson. ITEM 8 City Attorney Roger Knutson presented a findings of fact and decision in support of an amendment to the zoning ordinance to allow motor fuel sales as a conditional use in the B-2, Retail Business District.. The zoning ordinance amendment, as presented, would not become effective until October 1, 1994, to allow staff an opportunity to prepare a detailed analysis of the zoning on the various sites identified in the B-2 Zoning Study and make recommendations regarding the specific zoning for each site. Councilmember Sindt asked if the sale of motor fuel would be allowed in the B-2 District prior to October 1st, and Mr. Knutson stated it would not. Mayor Zaun indicated that a request for motor fuel sales in the B-2 District (specifically for the 175th/I~ava site) was denied by the City Council in 1990 for reasons outlined m the findings of fact, which still prevail for that site. He stated he feels, as he did in 1990, that the sale of motor fuel is inappropriate at that site. Ms. Carol Kerl, 17541 Ionia Path, asked the Council to consider tabling. consideration of the ordinance at this time, and investigate the specific sites before considering approval. Mr. Knutson explained the advantages of acting on the ordinance at this time. Councilmembers Harvey and Johnson stated they felt that approval of the ordinance at this time will put the process in motion toward a final resolution of this matter. Mr. Erickson suggested that the effective date of the ordinance be changed to October 17th, rather than October 1st, to allow the Council an opportunity to act on any rezoning issues at the October 3rd meeting, and allow ample time ..for publication. 94.16 Motion was made by Mulvihill, seconded by Harvey to approve. the-Findings of Fact and Decision and adopt: Ordinance No. S17 amendmgthe Lakeville Zoning Ordinance, modifying Section 36, the B-2 zoning district,. by the addition of motor fuel sales in conjunction with convenience grocery store operations as a conditional use, effective October 17,1994. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7,1994 PAGE S ITEM 9 Mr. Erickson presented an amendment to the Lakeville Zoning Ordinance which would increase the building setback requirements in the B-2, Retail Business District. 94.17 Motion was made by Harvey, seconded by Sindt to .adopt Ordinance No. 518, amending Section 36.5 of the .Lakeville Zoning Ordinance concerning building setbacks in the B-2, Retail Business District. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. 94.18 Motion was made by Harvey, seconded by Mulvihill to direct the City's planning consultant to prepare a detailed analysis of the zoning on each site. identified in the B-2 Zoning Study. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill Mayor Zaun indicated that staff will continue to keep the 175th/Ipava neighborhood, and other interested parties, up to date on this issue. Ms. Fawn Vange, 17469. Iceland Trail, stated she would like to be on the mailing list. ITEM 10 Mr. Michaud introduced Dan Klecker of Pope Architects, who provided an overview of the proposed Lakeville Civic Arena project. He presented a site plan, landscape plan and floor plan. He explained that the project will be constructed in two phases. The first phase will include. construction. of all walls, roofing, concrete floors, refrigeration system and exterior site amenities. Within the main structure, the lobby area, storage room, mechanical room, ice sheet area, refrigeration plant room and Zamboni room will be functionally complete. The low roof area, identified as team changing areas, office space and conference room will be partially finished. Installation of showers and rest .rooms will take place during second phase construction, or as funds become available. Mr. Steve Boerboon of Kraus-Anderson Construction presented a proposed budget in the amount of $2,048,613 for Phase I. Cash in hand (revenue) to date totals $1,855,943; material and labor donations total $182,711; and the Lakeville Hockey Association has $10,100 reserved for project construction, for a total of $2,048,754. Bids are scheduled to be opened on March 1st, with completion of the project expected to take place in mid October. Councilmember Harvey stated the Council has not yet taken a position on a funding source for the concrete floor (approximately $100,000). Mr. Erickson stated formal action can be taken after the bids are opened and a definite price is established. The City's Park Dedication Fund is a possible funding source. ~ y CITY OF LAI~EVILLE COUNCIL MEETING FEBRUARY 7, 1994 . PAGE 6 Councilmember Johnson asked about the potential seating capacity of the arena, and Mr. Boerboon stated the bleacher capacity will be approximately 800 to 1,000, with a possible 2,600 seating capacity if chairs were .placed on the floor area, 94.19 Motion was made by Mulvihill, seconded by Johnson to approve the .budget, -plans and specifications for construction of an ice arena, and authorize advertisement for bids to be opened at 2:OQ p.m. on March 1,1994. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 12 Mr. Sobota presented a proposed expansion project for the Winsor Plaza apartment complex, located on Howland Avenue and 208th Street in downtown Lakeville. Ms. Carrie Gill of the Dakota County H.R.A. explained the need for the 24-unit expansion, indicating that 177 households .are currently on the. waiting list for senior housing, some of which have been on the list. since 1990. Councilmember Harvey pointed out that while the addition of 24 units helps, it does not begin to meet the current demand. Ms. Gill stated limited resources is the main constraint; however, the Dakota County H.R.A. is building facilities in other communities throughout Dakota County to help meet the demands county-wide. Mr. Joel Dresel of OSM presented .the feasibility study for public improvements necessary for this redevelopment project, which include the vacation of a portion of Upper .208th Street and construction of watermain, sanitary sewer and storm sewer improvements on 208th Street. Mr. Dresel stated he has met with representatives of Royal Milc and Despatch .Industries regarding right-of--way acquisition for this project. The vacation of Upper 208th Street would provide additional property for the two businesses, and the possibility exists for trading property currently owned by the Dakota County H.R.A. along Howland Avenue to Despatch Industries for the needed right-of--way for a cul-de-sac. Mr. Victor Zeuthen, architect for the project, presented a conceptual site plan for the three story, 24-unit expansion. 94.20 Motion was made by Mulvihill, seconded by Sindt to approve the following documents involving the Winsor Plaza expansion project: a. Feasibility Report for Public Improvements for Winsor Apartments, and authorize OSM to prepare plans and specifications; b. Site Plan, including Alternate A; + CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7,1994 PAGE 7 c. Cooperative Agreement Amendment with the Dakota County H.R.A. authorizing the. project to move forward; d. Resolution No. 94-29 authorizing City staff and City Attorney to proceed with acquisition of real property interests for the Winsor Plaza expansion site. Roll call was taken on -the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 13 94.21 .Motion was made by Harvey, seconded by Sindt to table consideration of an agreement with Holyoke Ltd. Liability Company. Roil caii was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 14 Mr. Krings summarized a proposed zoning ordinance amendment which addresses the following: 1. Accessory buildings. with 120 square feet of projected "roof .area or less will require site plan approval by the Building Official. Site plan approval is currently not required for accessory buildings of this size. 2. Decks and similar features shall be set back 10 feet from the rear property line. Existing ordinance requires. a 30-foot rear yard setback for elevated decks and a S-foot rear yard setback for at-grade decks. 3. The location of domestic animal (dog) enclosures shall not be allowed in front or side yards abutting a street; must be set back at least 10 feet from the property line; must be set back at least 25 feet from houses on adjacent lots and are not allowed in drainage and utility easements. Mr. Krings stated the Planning Commission preferred the term "domestic animal" be used instead of "dog" in this ordinance. 94.22 Motion was made by:Harvey, seconded by Mulvihill to adopt Ordinance No. 519, amending the Lakeville Zoning Ordinance, concerning accessory buildings and yard setback requirements, using the term "domestic animal" in Section 2. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 15 r CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7, 1994 PAGE 8 Mr. Sobota presented a proposed ordinance amendment which would allow parking deferments to be approved administratively. He explained that the change. would streamline the business development process primarily for the industrial businesses in Airlake .Industrial Park. Standards for granting a parking deferment would be maintained, but the process would change from City Council approval to administrative approval. Councilmember Johnson stated he felt that .approval of parking deferments administratively :would provide a more :friendly working relationship between the City and business community. In response to Councihnember Sindt's concern, Mr. Sobota explained that the future parking area would have to be shown on the site plan, but could be left as green space until such time as the City determines that additional parking is needed. 94.23 Motion was made by Mulvihill, seconded by Sindt to adopt Ordinance No. 520,. amending the Lakeville Zoning Ordinance, concerning parking deferment. Roll call was taken on the motion.. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 16 • Mr. Nelson presented an "Order" enforcing a Settlement Agreement between the City of Lakeville and Maynard, Fannie and Mikell Smith for the North Creek drainage .channel clean-out project. He axplained that the Settlement Agreement was previously approved by the City Council; however, the property owners have, since then, requested changes. District :Court Judge. Lynch signed the Order, with revisions, subject to City Council approval Mr. Nelson stated revisions occurred in Paragraphs 7 and 8; and Paragraphsl0 and 11. (See "Order" enforcing a Settlement Agreement dated February. 7, 1994, on file in the City Clerk's office.) 94.24 Motion was made by Harvey, seconded by Mulvihill to approve the "Order" enforcing a Settlement Agreement between the City of Lakeville and Maynard J. Smith; Fannie H. Smith; and Mikell D. Smith for the North Creek drainage channel clean-out project. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sridt, .Mulvihill, Harvey. Mr. Nelson presented the bids received for the North Creek drainage channel project,. Improvement Project 92-13. The base bids ranged from $206,975, submitted by Ryan Contracting, Inc. to a high bid of $355,472. Alternate bids were also requested and ranged from $278,935 (also submitted by Ryan Contracting) to a high bid of $457,326. Mr. Nelson explained that delaying the project, as shown by the bids, would increase the project cost approximately $72,000. The City Council held a discussion regarding the benefits of awarding the bid at this time versus tabling the award until the + CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7, 1994 PAGE 9 Cit receives an indication from the State and Federal government regarding an EDA grant. Councilmembers Sindt and Harvey e~ressed support in awarding the contract so that work can proceed, reducing the threat of flooding, with the understanding that the City would pursue a grant application to assist Countryview Mobile Home Park in raising several pads that are currently located in the flood plain. 94.25 Motion was made by Harvey, .seconded by Sindt to receive the bids and approve .Resolution No. 94-30 awarding .contract for North Creek drainage channel clean-out, Improvement Project 92-13. Roll call was taken on the motion. Ayes,. Zaun, Sindt, Mulvihill, Harvey, Johnson. 94.26 Motion was made by Sindt, seconded by Harvey to direct staff to submit an EDA grant application for assistance to Countryview Mobile Home Park. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 17 94.27 Motion was made by Johnson, seconded by Sindt to set Council work sessions for Saturday, February 26th, to review the feasibility .report for County Road 46/CSAH 5 intersection improvements and Wednesday, March 2nd, 7:00 p.m. to interview Planning Commission applicants. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. UNFINISHED BUSINESS None. NEW BUSINESS Mr. Dempsey presented an applicationfrom Thomas and Ann Grapey Hoffman for a conditional use permit to 1) allow a previously occupied sin le family' residential dwelling to be moved into the City of Lakeville; 2~ allow a combination of accessory buildings larger than 13,068 square .feet in the R-A District; and 3) allow a commercial riding stable in the R-A .District, all on land located at 8315-190th Street West. He explained that a conditional use permit was issued in 1973 for a commercial riding stable. The permit was to expire in 1975, and there was no evidence of the permit being recorded against the property title. The horse stable is non-conforming in terms of setbacks. In 1988 the City issued a building permit to allow the construction of a 3,100 square foot metal accessory building. A conditional use permit is required to bring the excess square footage into compliance with the City's zoning ordinance. The Planning Commission held a public hearing on the application and recommends approval subject to the findings of • fact and conditions (a) through (h) listed in the conditional use permit. r a CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7,1994 PAGE 10 Mr. Dempsey reported that the feedlot permit has been approved by the Minnesota Pollution Control Agency. Also, the Minnesota Department of Health has inspected the well water for transient use. Bacteria test results were negative, and Nitrate test results will be forthcoming. He pointed out that the Dakota CountyEm~ironmental Management Department has tested the water for bacteria and Nitrates, and both were negative. Councilmember Harvey raised a concern with allowing up to 40 horses on 10 acres of land. Staff indicated that the existing accessory buildings .can accommodate up to 40 horses. 94.28 Motion was made by Johnson, seconded by Sindt to receive the Plannin Commission's findings of fact and approve a conditional use permit to 1~ allow a previously occupied single family residential dwelling to be moved into the City of Lakeville; 2) allow a combination of accessory buildings larger than 13,068 square feet in the R-A District; and 3) allow a commercial riding stable in the R-A District, ail on land located at 8315-190th Street West. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. Announcements: Next regular Council meeting, Tuesday, February 22, 1993. Mayor Zaun adjourned the meeting at 9:50 p.m. Respectfully submitted, Charlene Friedges, City 'lerk Dane Zaun, M