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HomeMy WebLinkAbout09-07-93 x . ty CITY OF LAI~EVILLE COUNCIL MEETING SEPTEMBER 7,1993 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 Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community and Economic Development Director; S. Michaud, Parks and Recreation Director; D. Gudmundson, Chief of Police; R. Wawrzon, Research Analyst; J. Perron, Liquor Manager; F. Dempsey, Associate Planner; M. Holliday, Deputy Clerk. MINUTES The minutes of the August 1b, 1993 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. • ENGINEER: None. ADMINISTRATOR: Mr. Erickson provided a memorandum from Ron Wawrzon regarding hunting near Dodd Boulevard and Flagstaff Avenue to be discussed under item 15. FRESENTATIONS/INTRODUC~'IONS Tom Kuzniar, President of the Lakeville Baseball Association K-6 program presented an appreciation plaque to the City for continued efforts in meeting the growing demands of the baseball program. Mayor Zaun presented an appreciation plaque to Herb and Elaine Wensmann for their generous contribution for Brackett's Park. (Mrs. Wensmann was not present). David Bass, President of the Lake Villa Golf Estates Homeowners Association, presented a check to the City Council in the amount of $700 to fund the hard surface court and basketball standard backboard at Brackett's Park. Mayor Zaun read a proclamation for Citizenship DayJConstituton Week. Marjorie Drake of the Josiah Edson Chapter of Daughters of the American Revolution accepted the proclamation. 93.224 Motion was made by Mulvihill, seconded by Sindt to declare September 17 as Citizenship Day and September 17-23 as Constitution Week. CITY OF LAKEVILLE COUNCIL MEETING • SEPTEMBER 7,1993 PAGE 2 Roll call was taken on the motion.. Ayes, Ruhmann, Zaun, Sndt, Mulvihill, Harvey: Judy Perron explained that the City has been contributing 10% of its net operating income from the Liquor Fund to the school districts for Chemical Awareness Education Programs since 1984. The distribution is allocated. based on the number of Lakeville students within each district. Patricia Hanauer, Superintendent, ISD 192 and Dr. Carl Wahlstrom, Superintendent, ISD 194 were present to accept the contributions, which are based on 1992 liquor operations, as follows: ISD #192 (Farmngton)$ 2,429 ISD #294 ((Lakeville) 14,423 CITIZEN COMMENTS: None. CONSENT AGENDA Councilmembers removed items 7d, change order No. 3 with Tenyer Coatings, Inc., extension of time for completion of the Airlake and McStop water tower .painting project,. and 7n, change order with Friedges Landscaping for • Improvement Projects 93-1 and 93-2, from the consent agenda. 93.225 .Motion was made by Harvey, seconded by Mulvihill to approve the .consent agenda items. as follows: a. Claims far payment. b. Receive minutes of the following advisory committee meetings: Cable TV Board, August 10th Environmental Affairs Committee, August 17th Parks & Recreation Committee, August 18th Planning Commission, August 19th Economic Development.Commission, August 24th Hunting Committee, August 24th c. Resolution No. 93-163 designating no parking on County Road 46 between Joplin Avenue and Ipava Avenue,. Improvement Project 91-3. d. (Removed from Consent Agenda.) e. Resolution No. 93-164 establishing findings of fact that zoning and licensing regulations of sexually oriented businesses are necessary to minimize the secondary adverse effects of such businesses. in the .City of Lakeville. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7,1993 PAGE 3 £ Grant extension of time and approve Change Order No, 3 for final bituminous wear course an Ipava Avenue, Improvement Project 91-2. g. Resolution No. 93-165 approving final plans and specifications and setting a bid date for street intersection improvements, Jacquard Avenue and County Road 64, Improvement Project 93-4. h. Resolution No. 93-166 approving specifications for. a fire truck, triple combination pumper, and setting a bid date. i. Special assessment agreement with C. Pete and Greg Eisele. j. Special assessment agreement with :Ron & Ben Meledandri. k. Tree trimming and removal license for Paul Meyer, dba Grind-N-Go. 1. Resolution No. 93-167 accepting donation from the Lake Villa- Homeowners Association. m. Agreement with Department of Natural Resources for the Lake Marion fishing pier. ` n. (Removed from Consent Agenda.) o. Approve storm sewer credits for Dodd Ridge Fourth Addition. p. Authorize submittal of a grant application to the State of Minnesota SBA Natural Resources Development Program, Community Tree Planting Program, far the purpose of planting trees in various parks. q. Receive application .from Peggy Diane Smith for an on-sale and Sunday liquor license at Brackett's Crossing Country Club arid call a public hearing for September. 20,.1993. r. Receive. petition from residents in Marion Heights, and authorize staff to hold a neighborhood meeting. -s. Amendment to ALF Ambulance Joint Powers Agreement.. -Roll call was taken. on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,. Harvey. ITEM 7D Mr. Harvey. questioned the 60 day extension of time far completion of the Airlake water rawer painting, stating the. liquidated damages of $500 per day after .August 10, 1993 would have .amounted to $30,000. Mr. Nelson. introduced Gene Anderson of OSM who explained that under PCA requirements, workers could not work on the water tower on days the wind was m excess of 15 miles per hour and that the .weather during the past few months has been unusually wet. He further stated that he felt the extension of time is CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1993 PAGE 4 justified. Brach Svobota of Tenyer Coatings, Inc. stated he felt that the safety of workers had to be taken into consideratian and that every effort had been made to work as many days as possible. A discussion followed between members of the City Council, consulting engineer, contractor and City engineer :regarding the appropriateness of the City granting the extension of time for completion of the project, which limits. the amount of liquidated damages. 93.226 Motion was made by Sindt, seconded by Mulvihill to approve Change Order Noy 3 with Tenyer Coatings,. Inc., Airlake and McStop water tower. painting, Improvement. Projects 92-3 and 92-4. Roll. call was taken ari the motion. Ayes:. Zaun, Sindt, Mulvihill, Ruhmann. Nay: Harvey. Councilmember Harvey voted "Na" because he felt adverse weather conditions should. have been taken into consideratian when the contractor :bid the project, and he felt the City should collect liquidated'damages. ITEM 7N Councilmember Harveyy .asked Mr. Michaud to explain the request for an additional $1,395.00 for the basketball standard at Hypointe Crossing neighborhood park. Mr. Michaud explained that the basketball standard, .backboard and rim are of heavy duty, commercial quality which enhances safety and durability. 93.227 Motion was made by Harvey, seconded by Ruhmann to ap~pprove change order number 1 with Friedges Landscaping: for Quigley-Sime Ballfield Complex - Improvement Project 93-1 and Hypointe Crossing. Neighborhood Park Project 93-2. Roll call. was taken on the motion. Ayes: Mulvihill, .Harvey, Ruhmann, Zaun, Sindt. Mr. Don Brundage, Drug Prevention Coordinator for ISD 196 arrived and was presented with the contribution of $6,121 from the .Liquor Fund to the .Chemical Awareness Education'Program at ISD #196. ITEM 8 Mr. Nelson recommended the City Council adapt a resolution approving plans and specifications, declaring an emergency and awarding a contract for storm sewer improvements to Grinnell Way in Foxborough 2nd Addition, Improvement Project 93-8. He explained that the Foxborough 2nd Addition neighborhood recently experienced another severe storm which flooded the rear yards. Written quotes were received from six contractors, with the lowest quote from Brown & Cris, Inc. in the amount of $197,559.82 CITY ©F i .AKRVILLE COUNCIL MEETING • SEPTEMBER 7, 1993 PAGE 5 Mr. Erickson stated that after viewing the area immediately after the August 18th storm, it was clear that an emergency situation exists. He thanked 'the Engineering Department for expediting the: plans for this project. 93.228 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 93168 approving :plans and specifications, declaring an .emergency, and :awarding a contract :for storm sewer improvements in Foxborough 2nd Addition, Improvement Project93-8, Roll call was. taken on the motion.. Ayes: Harvey, Ruhmann, Zaun, Sindt, Mulvihilh ITEM 9 Mr. Herb Wensmann requested approval of the final plat. of Brackett's Crossing Second.Addition:, Michael Sobota reviewed the proposed 20 townhome lot development. He stated the Planning Commission, Environmental Affairs Committee, and Parks and Recreation Committee have reviewed the proposed plat and recommend approvah Mr. Sobota stated City staff recommends approval of the final plat subject to 13 stipulations outlined in the planning report dated August 13, 1993 and approval of a minor comprehensive plan amendment to bring the plat into the Year 2000 Urban Service. Area, Councilmember Sindt questioned the trail easement in Murphy-Hanrehan Park, Mr, Michaud explained the boundaries of the park property. 93.229 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 93-169 approving the final plat of Bracken's Crossing Second Addition, Roll call was taken on the motion. Ayes: Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 14 Chris and Linda Schumacher requested approval of a conditional use .permit for a single family home addition located at 17725 Jaguar Path. Mr. Dempsey reviewed the proposed-conditional use permit, stating the_ addition would alleviate the lack- of apace in the existing foyer of their home. He further stated. -the Planning Commission ..examined the characteristics of the neighborhood, ,the urrounding structures and other pertinent information submitted as part of the pplanning report dated August 12, 1993 and recommended approval Mr. Dempseystated staff recommends approval of the conditional use permit. subject to three stipulations .listed in the August 12, 1993 planning report. Councilmember Sindt stated :the addition of the proposed foyer would bring. the .house more into conformity with the neighborhood. CITY OFT .AKRVILLE COUNCIL MEETING SEPTEMBER 7,1993 PAGE 6 Councilmember Harvey stated he agreed with Councilmember Sindt but felt the. proposed addition could impact the site line of traffic to the north. 93.230 Motion was made by Mulvihill, seconded by Ruhmann to approve a conditional use permit for Chris and Linda Schumacher to allow. a one story entrance for a single family residential dwelling to extend into the front yard building setback at 17725 .Jaguar. Fath subject to the planning report dated August 12, 1993 and the Planning Commission findings of fact dated August 19, 1993.. Roll call was taken. on the motion. Ayes: Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 11 Delbert .Goetz requested. approval of a conditional use permit to allow the construction of a detached accessary building at 21Q63 Dodd Boulevard. Mr. Dempsey presented an overview of the proposed conditional use permit. He stated. the proposed: 1,232. square foot detached accessory building, .along with an existing 280 square foot attached garage,. would bring the new total area up to 1,512 square feet. He stated .the Planning Commission held a public hearing and recommended approval subject to the stipulations listed m the planning .report dated August 12, 1993, with: an additional .stipulation that the septic sewage disposal system be inspected and any deficiencies be corrected within sixty days after the issuance of a building permit. Councilmembers discussed the proposed .conditional use permit and agreed that an inspection of the septic system should be conducted prior to the issuance of a building permit.. Stipulation (f) of the conditional use permit is to be amended to read; f. The private septic system shall. be inspected by an Individual Sewage Treatment System Evaluator to determine compliance with minimum standards. .Any necessary correction. shall occur prior to the issuance of a building permit. 93.231 .Motion was made by Harvey, seconded by Sindt to approve a conditional use permit, as amended, for..:Delbert :Goetz to allow the ,construction of a detached :accessory building at 21063 Dodd Boulevard subject to the planning report dated August ,12, 1993 and the :Planning Commission .findings of fact dated August 19, 1993. Roll call was taken on the. motion. Ayes: Sindt, Mulvihill,. Harvey, Ruhmann, Zaun. ITEM 12 . David. Paul requested a planned unit development/conditional use permit amendment to allow an addition to the Burger King. restaurant at .17395 CITY OF LAKEVILLE COUNCIL MEETING • SEPTEMBER 7,1993 PAGE 7 Kenwood Trail. Mr. Sobota reviewed the plans for the proposed playroom .addition.. He stated the Planning Commission held a public hearing and recommended approval subject to four conditions outlined in the conditional use permit and findings of fact. 93.232 Motion was made by Mulvihill, seconded by Ruhmann to approve a .planned unit developmentlconditonal use permit amendment to allow an addition to the Burger King restaurant. at 17395 Kenwood .Trail subject to the conditions outlined in .the conditional use .permit and the Planning Commission findings of fact. Roll call was taken on the motion. .Ayes:. Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 13 Dick Schuler requested approval of the preliminary plat and final plat of Cherry View 2nd Addition and rezoning of the southerly portion of the property from R-A to R-2. Mr. Sobota provided an overview of the zoning request and 66 .single family residential lot development. He stated .the rezoning would .permit an upgrade to the previously approved .preliminary plot, removing all of the driveways that would have come out onto 175th Street, which is designated as a major .collector. He explained that the • final plat represents the first phase of a three phase deveioprnent. He stated the Planning Commission, Environmental Affairs Committee and Parks and Recreation Committee have reviewed the proposed rezoning and preliminary and final plat and recommend approval subject to four stipulations outlined in Northwest Associated Consultants's memo dated July 27, 1993. Councilmember Sindt asked if there are any soil problems. Mr. Sobota stated that. all Dakota County Sail and Water Conservation District recommendations are being addressed. in the development contract. Mr. Nelson stated that .the City's drain the policy will be implemented with this project. 93.233 Motion was made by Sndt, seconded by Harvey to adopt Ordinance No. 511 rezoning from R-A, Single Family Residential-Agricultural District to R-2, Single Family Residential District, a portion of Cherry View 2nd Addition. Roll .call was taken on the: motion, Ayes: Harvey,_Ruhmann, .Zaun, Sindt, Mulvihill. 93.234 Motion was made by Harvey, seconded. by Ruhmann to approve the preliminary plat of Cherryview 2nd Addition. Roll call .was taken on the motion. Ayes: Ruhmann, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7,1993 • PAGE 8 93.235 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 93-170 approving the final plat of Cherryview 2nd Addition. Roll call was taken on the motion. Ayes: Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 14 Ron Alvin requested approval of the vacation of Jaguar Avenue south of T.H. 50 and north bf 199th .Street .and the final plat of Marion Pines Third Addition. Mr. Sobota reviewed the proposed street vacation which is to accommodate - the developer's plan to relocate Jaguar Avenue slightly to the east to provide for an~~ efficient layout of lots in the proposed final plat. Any utilities located in the existing rigght-of-way will. be placed underground at the. developer's expense. Mr. Sobota went on to review the final plat, which consists I of 26 single family residential lots. He stated the Environmental Affairs Committee, Planning Commission and the Parks and Recreation Cortpmittee have reviewed the proposed final plat and recommend approval. ' Mr. Sobota referenced a question that Cauncilmember Harvey raised regarding the lot width ~ at the building setback line. Mr. Sobota asked the developer's survieyar, Ran Alvin, to step forward and address this issue. Mr. Alvin explained that an error in lot line measurement on Lat 10 had taken place. Councilmember'~, Harvey stated staff should review current procedures for reviewing lot width. He asked about grading that is taking place on the south side of Lake Marion. Mr. Nelson stated the grading is part of the ongoing T.H. 50!,reconstruction project. 93.236 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 93-171 vacating .jaguar Avenue south of T.H. 50 and north of 199th Street. Roll call was taken on the motion. Ayes: <Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 93.237 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 93-172 approving the final plat of Marian Pines 3rd Addition.. Rolf call was t~ken on the motion. Ayes: Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ~ ITEM 15 ~ ,i Ran Wawrzon reviewed with the City Council a memorandum which was prepared following compplaints received from residents regarding goose hunting. in the area between Dbdd Boulevard, Flagstaff Avenue, 170th Street and Pilot Knob Road. CITY OF LAKEVILLE COUNCIL MEETING SEFTEMBER 7, 1993 PAGE 9 Councilmembers discussed the safety hazard of allowing hunting too close to residential areas. Councilmember Mulvihill stated consideration should be given to moving boundaries mare than 500 feet from residential. areas. She also raised concerns regarding ;hunting being allowed in the area of 192nd Street and Iteri Avenue. Councilmember Sindt stated .there are many areas in the City where hunting is safe and that it should not be allowed where safety is questionable. 93.238 Motion was .made by Sindt, seconded by Mulvihill to approve the revised .hunting map subject to revisions in Ron Wawrzon's memorandum of September. 7, 1993, and the deletion of the residential area of 192nd Street and Iteri Avenue, and authorize publication of the map. Roll call was taken on the motion. Ayes: Harvey, Ruhmann, Zaun, Sndt, Mulvihill. ITEM 16 The Council discussed possible dates for work sessions,. Mr. Erickson listed issues to be discussed. 93.239 Motion was- made. by Ruhmann, seconded by Sindt to hold work sessions on September 14, 1993 at 7:00 p.m. and September 22, 1993 at 7:00 p.m. Roll call was taken on the motion.' Ayes: Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS 93.240 Motion was made by Harvey, seconded by Sindt to instruct staff and Northwest Associated Consultants to conduct a thorough evaluation of the City's current standards .for measurement of lot widths at building setback lines. Roll call was taken on the :motion. Ayes: Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Mr. Erickson discussed. a letter ,from Eleanor Sullivan requesting an evaluation of the speed limit on 210th Street between Jacquard .Avenue and I-35. 93.241. Motion was made by Sindt, seconded by Mulvihill to direct the Police • Department to .evaluate the speed limit on 210th Street between Jacquard Avenue and I-35. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7,1993 PAGE 10 Roll call was taken on the motion. Ayes: Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ANNQUNCEMENTS: Next Regular Council Meeting,. Monday, September 20, 1993. Special Council meeting, September 13, 1993. Mayor Zaun adjourned the meeting at 9:45 p.m. Respectfully submitted, Mira Holliday, eputy Ci lerk Duane Zaun, May •