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HomeMy WebLinkAbout01-19-93 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 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, Harvey and Mayor Zaun. Absent: Councilmember Mulvihill 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; D. Krings, Chief Building Official; J. Perron, Liquor Manager; C. Friedges, City Clerk. MINUTES The minutes of the January 4, 1993, City Council meeting were approved as presented.. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson presented three .additional items to be considered by the Council under. New Business: 16a. Ordinance eliminating the rescue captain position and creating three lieutenant positions in the Fire Department. 16b. Resolution adoptingg pay schedule for Fire Department officers. 16c. Amendment to Conditional Use Permit No. 92-OS for Farmington Ford-Mercury. Mr. Erickson also provided additional information for consent agenda items 71 and 7o and recommended removal of item 7d from the consent agenda. Chief of Police: Chief Gudmundson,presented the December Police Department monthly report. Parks & Recreation Director: Steve Michaud presented the December Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUGTIONS Dave Krings introduced Mr. Steve Toensing, Temporary Building Inspector. Dennis Feller introduced Mr. Joel Scheving, Accountant I. Dennis Feller introduced Ms. Cindi Joosten, Employee Relations Coordinator. t~ CITY OF r .aKF MLLE COUNCIL MEETING JANUARY 19,1993 PAGE 2 CITIZENS' GOMIVIENTS None. CONSENT AGENDA Councilmembers removed consent agenda items 7d, procedure for reapportionment of assessments for Impprovement Project 91-4, 71, resolution authorizing stop sign installation and 70, resolution awarding vehicle bid. Councilmembers added New.Business items 16 a, b and c to the consent agenda. 93.21 Motion was made by Sindt, seconded by Ruhmann to approve the consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of the. following advisory committee meetings: Parks & Recreation Committee, January 6,1993 Planning Commission, January 7, 1993 c. Approve monthly investment report. d. (Removed from consent agenda). e. Approve trunk storm sewer and watermain credits for Schweich 2nd Addition. f. Approve final payment.. and acceptance of Judicial .Road Improvement Project $9-9. g. Approve final .payment and acceptance of 175th Street extension, Project 90-9, and utility extensions along Dodd Boulevard, Project 91-6. h. .Approve easement agreements with Frederick G. Steinert, Bruce & Diane Hansen and Delta. Action Enterprises for Lee Lake Outlet, Improvement Project 92-2. i. Approve Resolution No. 93-6 designating the entire Utility Maintenance Building, Street and Park Maintenance Building and all maintenance cars, trucks and equipment tobacco free areas. j. .Set 1993 Board of Review meeting to be held on April 6,1993, at 7:00 p.m. k. Approve 1993 joint powers agreement for traffic markings, street sweeping and seal coating between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount and Savage. L (Removed from consent agenda). • m. Final approval for Casperson Park development, Improvement Project 91-7. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19,1993 PAGE 3 n. Final acceptance of Phase II gravel excavation at Caspersen Park. o. (Removed from consent agenda). p. Approve Resolution No. 93-8 requesting a Community Landfill Abatement Special Assistance Grant. q. Approve 1993 agreement for planning. services with Northwest Associated Consultants.. r. Approve Resolution No. 93-9 establishing City Council committees and approving the Mayor's appointments thereto. s. Resolution No. 93-1Q approving the 1993 Utility Fund Budget. t. Resolution No. 93-11 approving the 1993 Liquor Fund Budget. u. Resolution No. 93-12 adopting the non-exempt liquor stores' position salary structure. v. Approve .appointment of John Gretz and Bud Osmundson to the Vermillion River Watershed Management Organization. w. Grant extension of time for filing the Lake Villa Golf Estates 7th Addition final plat to April 19,1993. x. Approve Resolution No. 93-13 requesting the State Legislature to consider an administrative fee increase for deputy registrars. y. Acknowledge receipt of Sanitary Sewer Utility Capital Financing and Rate Study from Springsted, Inc. 1) Adopt Ordinance No. 476 establishing a Sanitary Sewer Trunk Fund and a .Water Trunk Fund. 2 Approve Resolution No. 93-14 authorizing transfers from the Utility Trunk Fund to the Water Trunk Fund and the Sanitary Sewer Trunk Fund. z. Approve Resolution No. 93-15 establishing 1993 sanitary sewer unit and .sanitary sewer area charges. 16a. Adopt Ordinance No. 477. eliminating the rescue captain position and adding three lieutenant positions in the Fire Department.. 16b. Approve Resolution No. 93-18 adopting the pay schedule .for Fire. Department officers. 16c. Approve amendment to Conditional Use Permit No. 92-Q5 for Farmington • Ford-Mercury. ~ i CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19,1993 • PAGE 4 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Harvey. ITEM 7D Mr. Erickson explained that the proposed procedure in which staff would be authorized to execute assessment reapportionment agreements, without individual Council approval, would expedite the acquisition of right-of--way for the reconstruction of Trunk Highway 50. Mr. Erickson recommended the agreements be signed by the City Administrator and Special Assessment Clerk unless the parcels have delinquent assessments. 93.22 Motion was made by Ruhmann, seconded by Sindt to approve the procedure for reapportionment of assessments pertaining to right-of--way acquisition for Trunk Hiway 50 reconstruction, Improvement Project 91-4, as recommended by the City dministrator. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann. ITEM 7L Councilmember Harvey .stated he found inaccuracies in the Master Stop Sign Inventory, and suggested the matter be tabled to allow errors to be corrected. 93.23 Motion was made by Harvey, seconded by Ruhmann to table the authorization of stop sign installations per the Master Stop Sign Inventary until the next regularly scheduled City Council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun. ITEM 70 Mr. Erickson reported that 24 bids were received for the 195? Chevrolet, and recommended approval of the resolution awarding the bid to Jeff Heitkamp in the amount of $1,557. Chief Gudmundson stated proceeds from the sale of the vehicle, which was seized in a South Metro Drug Task Force drug forfeiture case, will go to the Police Departments of Lakeville, Burnsville, Eagan, Apple Valley and the Dakota County Sheriff's Department (70%), the Dakota County Attorney (20%) and the State of Minnesota (10%). .93.24 Motion was made by Sindt, seconded by Ruhmann to approve Resolution No. 93-7 awarding the bid for the 1957 Chevrolet to Jeff Heitkamp in the amount of $1,557. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt. ITEM 8 • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1993 PAGE 5 Mayor Zaun opened the public hearing on the application of Cheong Hon Cheung, d.b.a. Lakeville Chinese Restaurant, Inc. for an on-sale non-intoxicating malt liquor license at 17400 Kenwood Trail. The City Clerk attested to publication of the legal notice. Police Chief Gudmundson explained that there was a misunderstanding on the part of the applicant when he .applied for and received an on-sale wine license for the Lakeville Chinese Restaurant, in that he assumed that the wine license also allowed the sale of 3.2 beer. The applicant has now applied for an on-sale 3.2 beer license, and the police department recommends approval. There was no public comment on the issuance of a 3,2 beer license. 93.25 Motion was made by Harvey, seconded by Sindt to close the public hearing.. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Harvey. 93.26 Motion was made by Sindt, seconded by Harvey to approve an on-sale non-intoxicating malt liquor license for Cheong Han Cheung, d.b.a. Lakeville Chinese Restaurant, Inc. for the year ending December 31,1993. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann. ITEM 9 9327 Motion was made by Harvey, seconded by Ruhmann to table consideration of Item No. 9 until the applicant arrives. Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun. ITEM 10 Mr. Craig Morris requested Council consideration of a special home occupation ppermit for a consultation and installation business in his home at 16055 Oak Shore Drive. Mr. Sobota provided an overview of the conditions approved by the Planning Commission for the special .home occupation permit. He stated the business may be conducted in the attached garaged provided it does not displace ...vehicular storage at .any time. He stated Mr. Morris plans to hire a secretary; however, no more. than one non-resident -may be .employed at any time. Mr. Sobota stated the permit will expire on January 19, 1994 and may be renewed by the applicant at that time. Staff recommends approval of the special home occupation permit. Councilrnember Ruhmann questioned the possibility of a noise distraction to neighbors if business is being conducted. in the garage. Mr. Morris stated his garage has ample room for periodic assembly of equipment and storage of .his two small cars, and the doors will remain closed. • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19,1993 • PAGE 6 93.28. Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and approve a special home occupation permit for the operation of a consultation and installation business at 16Q55 Oak Shore Drive, subject to the conditions presented. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt. ITEM 9 Mr. Gary Tushie requested Council approval of the vacation of boundary drainage and. utility easements located along the side lot lines of a vacant lot which he jointly owns with Robert Brantly. Mr. Sobota stated the vacation is being requested so that the lot .can be split and combined with Mr. Tushie and Mr. Brantly's individual parcels, which are existing lots of record in Woodridge Estates 4th Addition. Staff recommends approval of the easement vacation. 93.29 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 93-16 vacating drainage and utility easements at 10249-182nd Street and 18193 Jamaica Path. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Harvey. • ITEM 11 Ms. Michelle Ellison requested Council approval of a conditional use permit to allow the construction of a 683 square foot addition onto an existing attached garage at 17151 Isleton Avenue. Mr. Sobota stated the Ellison's proposed garage addition would make their combined total accessory building space larger than. 1,1Q0 square feet. He stated the Ellison's plan to use the garage for storage of collector automobiles and other materials. The Planning Commission held a public hearing an the request, at which time a neighbor questioned the close proximity to the lot line and the exterior .appearance of the proposed garage. Mr. Sobota stated the proposed garage meets the 10 foot setback requirement. From the side and rear, the garage addition will look more like house living space than garage space. Mr. Sobota pointed out, however, that future use of the proposed storage area for living quarters is controlled by the Building Code. He explained that the Planning Commission added a condition which would prohibit outdoor storage of motor vehicles or equipment on the property. Staff recommends approval of the conditional use permit as presented. Councilmember Harvey stated he would like a condition added to the permit that would prohibit the construction of additional detached storage buildings on the parcel. Mr. Erickson explained that the conditional use permit grants • the applicant the authority to utilize all the square footage allowed on the parcel, which would preclude the construction of additional storage CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, .1993 PAGE 7 buildings. However, he stated the additional condition may be desirable for future homeowners, as discussed by the Planning Commission. Councilmember Harvey felt this provision should be included in the conditional use permit, as he felt the present wording would be unclear to a future homeowner. Councilmember Ruhmann asked if the neighbor's concern over the view of the garage from her bedroom window has been addressed. Ms. Ellison indicated that it was not a concern as long as they continue to occupy the property. In answer to Counciimember Sindt's question, Mr. Knutson stated the conditional use permit will be recorded against the title of the property, therefore any subsequent owner will be made aware of the conditions. 93.30 Motion was made by Harvey, seconded' by Ruhmann to receive the Planning Commission's findings of fact and approve the conditional use permit to allow the construction of a 683 square foot addition onto an existing attached garage at 17151 Isleton Avenue, with the condition that additional attached or any detached accessory structures on the property shall not be permitted. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann. ITEM 12 . Mr. Dan .Mehleis of ISD 194 requested Council approval of an amendment to Conditional Use Permit No. 91-01 to allow an expansion of the McGuire Jr. High School gymnasium, Mr. Sobota highlighted some of the planning issues involved in this request. Parallel parking along the. school's 24 foot access drive on the south side of the building is prohibited. Parking. on the access drive along the west side of the building is limited to the western side of the drive. Temporary classrooms shall be removed as stipulated in previous agreements approved by the Council in February of 1991 and February of 1992. A plan for sidewalk extension to the west school entrance must be submitted for staff review, and a plan for exterior lighting at the school's drop off lane and western entrance must also be submitted for staff review. Staff recommends approval of the conditional use permit amendment subject to the conditions presented. Councilmember Harvey referenced conditions 3a, and 3b. of the conditional use permit. He pointed out that while condition 3a. provides for the removal of temporary classrooms by August 1, 1994, condition 3b. indicates that the four additional temporary classrooms approved in February of 1992 shall be removed before the 1993/94 school year. He asked why all temporary classrooms are not being removed at the same time. Mr. Mehleis explained that the four additional .temporary classrooms granted by the City Council in February of 1992 .were never put in place.. He stated the eight portable classrooms which now exist will be removed at the end of the current school year. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19,1993 PAGE 8 • Councilmember Harvey felt that condition 3b. should be re-worded, since the four additional temporary classrooms were never put in place. Mr. Erickson explained that .condition 3b. will officially lapse in one month, and he felt it could be removed from this conditional use permit amendment. Councilmember Harvey felt the proposed conditional use permit amendment should reflect the current situation Mr. Knutson suggested condition 3b. could be amended to read, "...the four aemporary classrooms ap roved in February of 1992, if constructed, are .removed before the 19934. school year." Councilmembers discussed with the applicant delivery of supplies and the proposed truck loading area. Mr, Mehle~s indicated delivery trucks will park parallel to the building, and no backing will be required. Cauncilmember Harvey questioned the proposed bus loading and unloading on the west side (front) of the building and permitted parking on the .western side of the drive. Mr. Mehleis indicated that parking on the western side of the drive has always been permitted. Mr. Erickson suggested signage be put in place that would prohibit parking on the western side of the access drive while busses are loading and unloading. 93.31 Motion was made by Harvey, seconded by Ruhmann to receive the Planning • Commission's findings of fact and approve an amendment to Conditional Use Permit No. 91-01 for Independent School District No. 194, amending Condition 3b, to include the words, "if constructed", as recommended by the City Attorney, and amending Condition 3c. to read, "Parking on the access drive along .the west side of the building is limited to the western side of the drive subject to the recommendation of the Police Department." Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun. ITEM 13 Mr. Nelson presented a resolution requesting the Minnesota Department of Transportation to approve the replacement of the Soo Line bridge with an at-grade crossing at 168th Street north of Orchard Lake. Mr. Nelson also .presented a Stipulation Agreement with the Soo Line Railroad for establishment of an at-grade crossing at 168th Street. He explained that the bridge has several structural defects and only a 10'4" clearance over .168th Street, rendering it imppassable for large fire apparatus, moving vans and other large vehicles. Mr. Nelson explained that the existing bridge would be removed, and a new at-grade crossing would be constructed. The plans involve the realignment of 168th Street, reconstruction of County Road 44 to improve site distance and construction of awest-bound bypass and an east-bound right turn lane. Mr. Nelson explained that once plans and specifications for the realignment of 168th Street are completed by SRF, they will be forwarded to MnDOT with a request for the use of state aid bridge replacement funds. He stated, if approved, construction will most likely begin in the year 1994. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1993 PAGE 9 Mr. Walter Sternberg, 16720 Klamath Trail, was concerned about the costs involved in removal of the existing bridge and requested a copy of the Stipulation Agreement with the Soo Line Railroad. He stated he felt the project would have an impact on his property and was concerned that he had not been notified. He was also concerned about destruction: of the Wayside Park and Kingsley Lake overflow under the viaduct. Mr. Erickson explained that the existing bridge becomes increasingly dangerous with the increased traffic due to the large number of new homes in the Orchard Lake area. He explained that the maximum cost to the City would be $153,694, with the remainder Gaming out of the State's Bridge Replacement Fund.. In response to the high water level of Kingsley Lake, he indicated the staff has been working with the DNR and hopes to have a culvert in place this year. He also explained that .the right-of-way obtained for the crossing is located west of the existing Wayside Park. Mr. Mark Miller stated he felt the bridge replacement is a goodidea; .however he questioned the future of the railroad and possible abandonment of this piece of track. He cautioned the City Council not to make a significant investment without some. type of understanding with C.P. Rail if this portion of the railroad is abandoned. Mr. Erickson stated staff has identified this rail line corridor in the Comprehensive Trails Plan as a future trail if • abandoned by the railroad. 93.32 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 93-17 requesting approval by the Minnesota Department of Transportation to replace the existing bridge at 168th Street with. an at-grade crossing; approve a Stipulation Agreement with the Soo Line Railroad Company; and. authorize Strgar-Roscoe-Fausch, Inc. to prepare final plans and .specifications for street improvements associated with the at-grade crossing.. Roll call was taken on the motion.. Ayes, Harvey, Ruhmann, Zaun, Sindt. ITEM 14 Mr. Michaud presented the Comprehensive Park and Open Space System Plan and Comprehensive Trails System Plan prepared as chapters of the City's Comprehensive Plan. The documents have been prepared by Barton Aschman and .Northwest Associated Consultants under the direction of the Parks Recreation Advisory Committee and staff A Council work session was held on the system plans, and the Flanning Commission held a public hearing at its January 7th meeting. The system plans will guide the future acquisition and development of parks and open space, as well as trails, within the City. The plans set the direction for future investments by the community and will be utilized in the review of future subdivisions. Staff indicated that the City Council's approval will be subject to approval of the plans by the Metropolitan Council. • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19,1993 PAGE 10 93.33 Motion was made by Sindt, seconded by Ruhmann to approve the Comprehensive Park and Open Space System Plana Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Harvey. 93.34 Motion was made by Harvey, seconded by Ruhmann to approve the Comprehensive Trails System Plan. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruhmann. UNFINISHED BUSINESS None. NEW. BUSINESS None. ANNQUNCEMENTS Next regular Council meeting, February 1, 1993. Council work session, January 30th, 8:30 a.m. Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, • Charlene Frie ges City r D ane Zaun, a or •