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HomeMy WebLinkAbout01-03-94 Y ' I. .CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3,_ 1994 First Judicial District Court Judge Duane Harvey administered the oaths of office to Mayor Zaun and Councilmembers Mulvihill and Johnson. Pastor Bill Bohline of Hosanna Lutheran Church provided an invocation. Mayor Zaun called the meeting to order at 7:05 p.m. Lakeville American Legion John Vessey Post #44 posted the colors. 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; S. Michaud,. Parks & Recreation Director; D. Gudmundson, Chief of Police; J. Robinette, Public Works Director; D. Krings, Chief Building Official; C. Friedges, City. Clerk. MINUTES The minutes of the December 15, 1993, special Council meeting were approved as presented. • .STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson provided a corrected copy of agenda item 7u. He asked the City Council to consider, .under New Business, setting a work session to consider applicants for a vacancy on the Planning Commission. PRESENTATIONS/INTRODUCTIONS Mayor Zaun presented City of Lakeville lapel pins to .Judge Harvey and Pastor Bohline. CITIZENS' COMMENTS Wenzel Ruhmann congratulated Mayor Zaun and Councilmember Mulvihill on their re-election and Councilmember Johnson on his election to office. CONSENT AGENDA 94.01 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 1994 PAGE 2 b. Renew engineering consulting agreements with TKDA, OSM, SRF, SEH and Barr Engineering. c. Approve trunk storm sewer and watermain oversizing .credits for Lake Villa Golf Estates 7th Addition. d. .Resolution No. 94-1 setting. a bid date for North Creek drainage channel clean-out, Improvement Project 92-13. e. Final acceptance of street improvements, Royal Woods 2nd and 3rd Additions. £ Approve Settlement Agreement and Acquisition of Land with Mikell Smith and Maynard and Fannie Smith, North Greek drainage channel clean-out, Improvement Project 92-13. g. Approve permanent roadway, utility and drainage easements for Lot 6, Block 6, Marion Village 2nd Addition. h. Resolution No. 94-2 appointing depositories. i. Resolution No. 94-3 .establishing City Council board/committees and approving the mayor's appointments thereto. j. Approve contract for legal services with .Campbell, Knutson, Scott & Fuchs. k. Approve maintenance agreement with E.A.H. Schmidt & Associates for City Hall HVAC. 1. Approve Joint Powers Agreement for 1994 traffic markings, street sweeping and sealcoating. m. Resolution No. 94-4 designating exempt and non-exempt employees in accordance with the Fair Labor Standards Act (FLSA). n. Renew tree service operator licenses for 1994. o. Approve .1994 service. maintenance contract with Fredrickson Heating & Air Conditioning, Inc. for liquor store HVAC. p. Approve 1994 service maintenance contract with Trans-Alarm, Inc. for the liquor store security systems. q. Approve Hardware Maintenance Agreement with Business Records Corporation for Optical Scan voting equipment. r. Resolutions No. 94-5 and 94-6 accepting donations from Steven & Gail Gerjets and Chris & Greg Headrick. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 1994 PAGE 3 s. Appoint Duane Zaun to the Lakeville H.R.A. for a term which will expire on December. 31,1995. t. Appoint Lynette Mulvihill and Robert Johnson to the Lakeville H.R.A. for a term which will expire on December 31, 1997. u. Resolution No. 94-7 adopting the non-exempt liquor stores' position salary structure. v. Resalution No. 94-8 authorizing execution of Proxy in favor of certain amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEMS 8-9 David Licht, Consulting Planner, presented two proposed ordinances amending the City's zoning ordinance. -The first. ordinance amends Section 36.4 of the zoning ordinance to allow motor fuel sales in conjunction with a convenience grocery store in the B-2 District by conditional use permit, provided specific stipulations are met. The second ordinance would increase the building setback requirements in the B-2 district. Mr. Licht provided an overview of the proposed amendment to Section 36.4, which was initiated by staff in an effort to determine whether "over" .zoning of sites, primarily in the northern portion of the community, was taking place due to the B-2 District not providing for convenience grocery operations having .motor fuel sales. The Planning Commission held a public. hearing on the matter on August 19, 1993, and tabled action on the proposed amendment pending formal evaluation of specific sites on which the amendment may have an impact. The B 2 Zoning Study, prepared by Northwest Associated Consultants, was .presented to the Planning Commission on October 21st. On a five to one vote, the Planning Commission recommended approval of the zoning ordinance text amendment allowing motor fuel sales as a conditional use in the B-2 zone. In conjunction with the aforementioned .text amendment, the Planning Commission unanimously recommended, on November 1$,1993, to amend the building setback requirements in the B-2 district as recommended in the B 2 Zoning Study (on file in the City Clerk's office. Mr. Licht pointed out that concerns were raised by residents specific to ite #3, 175th Street and Ipava Avenue, regarding the proximity of a convenience grocery store with motor fuel sales to a residential neighborhood and an elementary school. Councilmember Harvey stated that the proposed text amendment involves the potential rezoning of a number of parcels, and is not a single issue item. He further stated he shares the concerns of the residents .regarding the proximity of convenience grocery stores to grade schools. .CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3,1994 PAGE 4 Councilmember Mulvihill stated she feels the Council would not adopt the B-2 text amendment without first considering each specific site individually. Councilmember Johnson pointed out that the text amendment requires a conditional use permit for motor fuel sales in the B-2 district, which would address specific concerns for each particular site. Mayor Zaun .pointed out that. the public hearing was held and closed by the Planning Commission, ;and the comments -and concerns .raised at the public hearing have been forwarded to the Council. He opened the meeting to additional brief remarks from members of the audience. Carole Kerl, President of the Sanasha Knolls Townhome Association, stated the 24 homeowners in the Association are opposed to motor fuel sales being allowed at Site #3. Debbie McLaughlin, 9339-176th Street W., stated she was opposed to allowing motor fuel sales at Site #3, because it is in a residential district.. Gard Harger, 9341-176th Street W., referenced the City's .land use goals outlined in the Comprehensive Plan and B-2 Zoning Study. He stated he feels. the B-2 text amendment being applied to Site #3 is in conflict with those land .use goals and would have an adverse affect on property values in Sanasha Knolls. He also stated it was his understanding that a portion of Site #3 is a seasonal wetland and should be preserved at its natural state. Brenda Morrison, 17547 Ionia Path, stated that if Site #3 cannot be excluded from the test amendment, she would suggest a rezoning to B-1. Bruce. Malkerson, attorney for Lance Johnson, owner of the 175th/Ipava .site, stated he felt the B-2 text amendment to allow motor fuel sales. with convenience grocery should be considered as a single issue, separate from the issue of compatibility at each individual site. He pointed out that a conditional use permit is required before motor fuel sales can be allowed in the B-2 District. Rita Freeberg, 17728 Icon Trail, stated she was in .favor of allowing motor fuel sales at the 175th/Ipava site so that. area residents could avoid the heavy traffic in the Trunk Highway 50 area. John Gerard, 11535-205th Street W., stated he was in favor of the text amendment and pointed out that Site #3 had previously been zoned B-2, prior to most people building or purchasing homes in that area. Councilmember Sindt requested clarification from staff on the required distance between a driveway far a B-2 business and any intersection. Mr. Nelson stated these guidelines are. addressed in the City's Draft Transportation Plana He further stated the current ordinance requires a • minimum of 40 feet from the property line for driveway access. CITY OF LAKEVILLE CQUNCIL MEETING JANUARY 3,1994 PAGE 5 • Councilmember Harvey asked if wetlands exist on Site #3; and Mr. Nelson stated there are none shown on the Wetland Inventory Map for Site #3. Mayor Zaun stated he had some concerns with allowing a convenience center in close proximity to a school. He stated he wanted to research the discussions held by the City Council and Planning Commission in 1990. when the City denied the request for motor fuel sales at the 175th11pava site. Mr. Erickson suggested the Council-.table Items $ and 9 at this time .and .consider .adopting a site specific land use .moratorium to be placed on the six sites. This. would give. the Council an opportunity to consider the text amendment and, if approved, place a temporary moratorium on all sites and direct the City's planning consultant to evaluate each specific site and forward .recommendations on the appropriate .zoning. Mr. Knutson stated he would prepare a findings of fact supporting the B-2 text amendment allowing motor fuel sales by CUP, if that is what the Council wishes. 94.02 .Motion was made by Harvey, seconded by Mulvihill to table consideration of zoning ordinance amendments regarding motor fuel sales and building setback requirements in the B-2 retail business district and authorize the City Attorney to prepare findings of fact supporting the B 2 text amendment allowing motor fuel sales by CUP, an interim ordinance temporarily prohibiting development of the six B-2 retail business districts described in the. B-2 Zoning Study, and a resolution directing the City's .planning consultant to .evaluate each individual site to determine the appropriate zoning. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 10 Mr. Sobota presented a resolution requesting. a street name. change in Lake Marion Estates 2nd Addition in conjunction with the final plat of Lake Marion Estates 3rd Addition. Per Council's direction at the December 20th meeting, the Street Naming Committee met with the Fire Marshal and Dakota County Physical Development Department. It was concluded that the only option other than renaming Jasmine Path in Lake Marion Estates 2nd Addition to Juno Trail would be to rename. only the. segment of Juno Trail from .the south side of its intersection with 'Jasmine Path to its intersection with Junco Trail. Justice Path was the recommended -name for this -street segment. _ The Committee recommended that three mast. street signs be used to avoid confusion. 94.03. Motion was made by Sindt, seconded by Harvey to approve Resolution No. 94-9 requesting Dakota County to change the name of the easterly segment of Jasmine Path in Lake Marion Estates 2nd Addition to Justice Path to match the name of the street in Lake Marion Estates 3rd. Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, • Zaun. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3,1994 PAGE 6 ITEM 11 Mr. Erickson presented a proposal from the Lakeville Life Times requesting designation as the City's official newspaper for 1994, along with a proposal for publication _of .the City's Messages page. He stated a proposal was also received from the Minnesota Sun Publications, however, they did not include a proposal for: publication. of the Messages :page. Staff reviewed both proposals and :found the Life & Times to <be .more cost effective. _Mr. Erickson also stated the Life & Times has offered to include color .print on each issue of the Messages at no extra charge during 1994. Councihnembers raised concerns regarding incomplete delivery of the Life & Times to all Lakeville residents. Staff .will work with representatives of the Life & Times to try to resolve this matter. 94.04 Motion was made by Mulvihill, seconded by Harvey to designate the Lakeville Life & Times as the City's official newspaper for 1994 pursuant to their December 27, 1993 proposal; and authorize publication of the Messages page in the Life & Times pursuant to their June 18, 1993 proposal. Roll call was taken on the motion. Ayes, Mulvihill, Harvey,. Johnson, Zaun, Sindt. ITEM 12 94.05 Motion was made by Harvey, seconded by Mulvihill to appoint Councihnember Sindt as Acting Mayor for 1994. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 13 94.06 Motion was made by Harvey, seconded by Johnson to appoint Councilmember Sindt as Delegate and Mayor Zaun as Alternate to the League of Minnesota Cities. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED:$USINESS None. NEW BUSINESS Counclmember Mulvihill suggested that uniform standards be established by the City. for mailbox structures. Councilmember Johnson stated he did not feel. this was necessary, as the United States Postal Service has specific guidelines. A brief discussion was held. • CITY OF L"AKFVILLE COUNCIL MEETING JANUARY 3,1994 • PAGE 7 94.07 Motion was made by Sindt, seconded by Johnson to set a Council work session for Monday, January 31st, at 7:00 p.m. to review applications for a Planning Commission vacancy. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ANNOUNCEMENTS: Next regular Council meeting, Tuesday, January 18, 1994 Council work session, Wednesday, January 5,1994 Mayor Zaun adjourned the meeting at 9:00 p.m. Respectfully submitted, Charlene Friedges, C' Clerk • Du ne Zaun, May r i