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HomeMy WebLinkAbout09-08-92 r. CITY OF LAKEVII.LE COUNCII. MEETING SEPTEMBER 8,1992 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, Mulvihill 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. Feller, Finance Director; D. Gudmundson, Chief of Police; D. Krings, Chief Building Official; D. Morey, Assistant Community & Economic Development Director; C. Friedges, City Clerk. MINUTES The minutes of the August 17, 1992, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson requested an executive session of the City Council immediately following the regular Council meeting for the purpose of discussing collective bargaining for the police sergeants unit. PRESENTATIONS/INTRODUCTIONS Chief Gudmundson and Mr. Michaud presented a recognition plaque to Dakota County Community Corrections Director Mark .Carey and Work Site Supervisor Perry Hendricks m recognition of the Sentencing to Service (STS) work in Lakeville. Ms. Marjorie Drake, representing the Josiah Edson Chapter of Daughters of the American Revolution, requested a proclamation for Citizenship Day and Constitution Week. Mayor Zaun read the proclamation proclaiming September 17, 1992 as Citizenship Day and the week of September 17-23, 1992, as Constitution Week in Lakeville. 92.209 Motion was made by Harvey, seconded by Ruhmann to authorize the mayor's signature on the proclamation for Citizenship Day and Constitution Week. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mr. Sobota introduced Ms. Carol Graff, Economic Development Graduate Assistant. CITIZENS' COMMENTS There were none. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 2 CONSENT AGENDA Councilmembers removed items 7f, 7h and 7i from the consent agenda. 92.210 Motion was made by Sindt, seconded by Harvey to approve the consent agenda items as follows: a. Approve claims for payment. b. Receive the following advisory committee meeting minutes: Planning Commission, August 20th Parks & Recreation Committee, August 19th Environmental Affairs Committee, August 18th Hunting Committee, August 25th c. Authorize Springsted, -Inc. to prepare water system financial analysis. d. Change Order No. 1 with Friedges Landscaping, Inc. for the Parkview/Cedar Highlands park development project. e. Agreement with Dakota County Technical College for Law Enforcement Training. • f. (Removed from consent agenda). g. Agreement with State Department of Administration, Building Codes and .Standards Division, for .inspection of the Lakeville High School athletic field complex. h. (Removed from consent agenda). i. (Removed from consent agenda). j. Agreements with the Minnesota DNR for Minnesota Trail Assistance Program Funding for snowmobile and cross country ski trails. k. Resolution No. 92-142 authorizing deferment of special assessments. 1. Grant senior citizen deferment to Benno Klotz, Improvement Project 89-9. m. Grant extension of liquor and cabaret licenses for Babe's Sportsbar & Grill to allow the sale of beer in the front parking lot and outdoor dancing on September 25, 26 and 27. n. Approve contract with OSM to prepare plans and specifications for demolition of the downtown grain silos. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill,: Harvey, Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 3 ITEM 7F Mr. Erickson stated he felt it may not be in the best interest of the. City to provide inspection services to the State operated community service facility due to the City's opposition to the site selection process. Councilmember Harvey questioned whether adequate inspections would be made if the City declines. to make them and whether City ordinances would be adhered to. Mr. Krings stated the State would likely contract with a third party inspection agency to provide protective inspections for the group home. He stated he felt confident that the State will hire a competent agency to provide the inspections. These inspections would be based on State Building Codes and not City ordinances. Mr. Krings stated his staff has reviewed building plans and setbacks for compliance with the City's ordinances. Councihnember Ruhmann stated he would like to express further opposition to the State's process inlacing the .group home at this location and further request that it be placed in a more appropriate location. 92.211 Motion was made by Mulvihill, seconded by Ruhmann to table until the September 21st Council meeting consideration of a contract with the State Department of Administration, Building Codes and Standards Division, for protective inspections at the State operated community services facility, and direct staff to contact the Commissioner of the State Department of Human Services and/or the Governor on this matter. Roll. call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7H Councihnember Harvey asked if Dakota Electric Association has provided audited costs to the City, as requested,. for .burying of electrical lines along. Highview Avenue. Mr. Nelson stated that portion of the project has not yet started, and the costs are not included as part of this assessment. 92.212 Motion was made by Harvey, seconded by Sindt to approve Resolutions No. 92-139A and 92-140 calling public assessment hearings for 175th Street and Dodd Boulevard streets and utilities, Improvement Projects 90-9 and 91-6. RoII call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 7I Councilmember Harvey asked if the staff feels comfortable with the $92,000 estimate by TKDA for the installation of lighting systems on Fields #3 and #4 at Aronson Park. Mr. Sohn Dennis of TKDA stated the .estimate was based on similar equipment that exists in Aronson Park and he felt comfortable with the $92,000 estimate. CITY 4F LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 4 92.213 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 92-141 approving plans and specifications and setting a bid date for the installation of lighting systems on Fields #3 and #4 at Aronson Park. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 8 Mr. Del Einess requested Council consideration of a conditional use permit to allow the construction of a Goodyear Tire Store on land located in the southwest corner of Junelle Path and. 173rd .Street West, just east of Pizza Hut. Mr. Sobota presented the conditional use permit request, which consists of the construction of a 5,965 square foot building within the B-4 General Business District. Issues involved with this conditional use permit request included orienting the building so as to avoid variances, setbacks, storage of used tires, landscape maintenance and off-street parking. He indicated the City Attorney had recommended the property owner enter into a special assessment agreement for $7,480.60 of deferred assessments on the property. Mr. Sobota stated the special assessment agreement has been signed by the developer. Councihnember Ruhmann asked about the actual signage for the building, and the developer stated the building sign has not been designed yet. Mr. Bob Mikulak, Project Manager, stated a significant amount of vegetation will be disturbed due to the necessary construction of a large storm sewer pipe. He stated additional plantings will. replace some of those .being removed when construction is complete. Mr. Erickson stated the location of the storm drainage pipe should be addressed by the City Engineer as part of the final site plan. Councilmember Harvey raised a concern regarding the deferment of assessments for Improvement Project 80-13 (Forest Hills, Argonne Farms and Szabo's 1st Addition). Mr. Erickson explained that in 19$1, the City Council deferred a portion of the assessments on twelve parcels until such time as .the property is subdivided. However, the deferments were not initially recorded against the property. He explained that when Mr. Einess purchased his property from Gertrude Lyden, the special assessment search did not include the deferred assessments.. Councilmember Harvey stated he felt that the remaining (deferred} assessments on the Lyden parcel should now become .due and payable. 92.214 Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's findings. of fact and approve. a conditional use permit to allow a • Goodyear Tire Store on land located in the southwest corner of 3unelle Path and 173rd Street West. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 5 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 92.215 Motion was made by Harvey, seconded by Sindt to authorize the City Attorney. to review the status of deferred assessments on the Goodyear and Pizza Hut parcels, (previously a single parcel owned by Gertrude Lyden), as well as the remaining parcels involved in Project 80-13. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 9 Mr. Pete Martin, ISD 194, requested approval of a conditional use permit amendment to allow the expansion of their Family Learning Center facility into the adjacent vacant bay of the Kenwood Center. Mr. Morey presented the conditional use permit amendment, which would consist of interior building improvements only. He stated the proposed expansion will not add to the number of people using the facility, nor will it create a need for additional parking spaces. He stated the parking plan was. approved last year with the first .conditional use permit amendment for expansion of the facility into an adjacent bay. He stated the Planning Commission held a public. hearing on the request and unanimously recommended approval subject to four stipulations. Staff has verified that striping in the employee parking lot has been completed, as recommended by the Planning Commission. Mr. Morey stated the owner of the building, Welsh Companies, has. prepared a parking analysis at staff's request, and. the conditional use permit amendment reflects the School District's lease for the. facility, which expires on June 30, 1997. Councilmember Harvey stated he felt the number of employee parking spaces at the Kenwood Center is inadequate. Mr. Erickson stated he felt the employee parking situation would only be inadequate if a more intense use of the building were being proposed. 92.216 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve a conditional use permit for Independent School District 194 to allow the expansion of their Family Learning Center in the Kenwood Shopping Center, 17749 Juniper Path.. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 10 Mr. Richard Todd requested Council approval of the preliminary and final plat of Todd Addition, which consists of three single family residential lots on land located in the southeast corner of 20Sth Street and Hollins Avenue. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 6 Mr. Morey stated the Todd Addition preliminary and final plat has been reviewed by the planning and engineering departments, the Dakota County Soil and Water Conservation District, the Planning Commission and the Environmental Affairs and Parks & Recreation Committees, and all recommend approval. The property is zoned R-3, High Density Single Family Residential District, and all lots exceed the R-3 district requirements. Mr. Morey stated the plat involves no mass grading, the construction of streets, nor the installation of utilities, .therefore no development agreement is .required. (The street and utility work was previously completed as part of City Improvement Project 90-1.) Mr. Erickson provided. a petition from several neighborhood residents who expressed their opposition to three houses being built in the Todd Addition. The letter/petition submitted by Mr. Thomas Wimmer indicates that they would prefer to see only two houses built. Mr. Erickson emphasized that the lot sizes as proposed nearly meet R-2 standards, and are considerably larger than the existing lots across the street. 92.217 Motion was made by .Harvey,. seconded by Mulvihill to receive the petition from submitted by Thomas Wimmer requesting only two houses be built in the proposed Todd Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, • Sindt. 92.218. Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 92-143 approving the preliminary and final plat of Todd Addition. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. Mayor Zaun called a short recess at 8:50 p.m. and reconvened the Council meeting at 8:55 p.m. ITEM 11 Mr. Fred Rgnonti requested Council consideration of a conditional use permit to allow a second detached accessory building on his property located at 20486 Judicial Road. He stated, if approved, he intends to improve the second garage so that its .exterior matches the exterior of the other buildings on the property. Mr. Morey explained that Mr. Rgnonti was granted a building permit to construct athree-car garage on his property.. A stipulation of the building permit was that he remove the existing detached two-car .garage by April 1st. However,. Mr. Rgnonti changed his mind and applied for a conditional use permit to keep both of the detached garages. Mr. Morey further explained that a certificate of survey showed that the new three-car garage was located entirely north of his property boundary and that. the north property boundary CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 7 cut through the old two-car garage. Mr. Rgnonti has reached an understanding with .the property owner to the north and is acquiring 80 feet of property to add to his parcel. This lot line reconfiguration would require administrative subdivision approval by the City Admmrstrator. Councilmember Sindt asked about the total combined square footage of the two garages. Mr. Morey stated the two garages total 1,800 square feet,. which is 200 feet less than what is allowed in the R-1 district. Councilmember Sindt also questioned the condition of the old garage. Mr. Krings stated the building is structurally sound, however, a new roof and siding is needed. In answer to Councilmember Harvey's question, Mr. Rgnonti stated he does not plan to build any additional free-standing structures on his property. 92.219. Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's findings of fact and approve a conditional use permit for Fred Rgnonti to allow a second detached accessory building located at 20486 Judicial Road. Roll call was taken an the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. TTEM 12 Mr. Byron Watschke of Fortune Realty, Inc. requested Council consideration of the preliminary plat of Lake Villa Golf Estates 7th Addition, which consists of 31 single family residential. lots on land located west of Keokuk Avenue at 179th Street. Mr. Sobota explained that the 7th Addition requires preliminary plat approval because the proposed lot and. street layout differs from the prehmmary plat/planned unit development approved in 1979, and because a small piece of land not shown on the appproved preliminary plat is now being included with the 7th Addition. Mr. Sobota went on to state that the site is heavily wooded, with ponds and wetlands, and Kingsway Path is identified in the City's transportation plan as a minor collector street. This minor collector would ultimately end up at 185th Street to provide .access to Lake Villa Golf Estates when the area to the south develops Mr. Sobota stated a tree inventory and wetland mitigation have been completed by the developer to minimize the impact an the wetlands and preserve as many trees as possible. In conjunction with .consideration of the preliminary plat is the vacation of the previously platted stub of the 179th Trail connection with Keokuk Avenue. This stubbed portion of 179th Trail was platted with Lake Villa Golf Estates First Addition in order to provide street access in future phases of the Lake Villa Golf Estates development. The realigned 179th Trail will provide access for the seventh addition and has been. shifted to the south by the developer in order to minimize grading and to preserve trees and wetlands. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 8 . . Also being processed, Mr. Sobota explained, is a rezoning of the land lying east of the 7th Addition and south of 179th Street from B-4 to R-1. This rezoning would include the easterly two-thirds of proposed Lot 1, Block 1, which hes outside the original preliminary plat of Lake Villa Golf Estates. The remaining portion of the seventh addition is zoned. R-1. Mr. Sobota stated the Planning Commission held a public hearing on the preliminary plat, rezoning and street vacation and recommended approval. The final plat ~s not being recommended for approval at this time due to a drainage issue that is currently being resolved between the developer's engineer, in cooperation with the property owner to the south, and the City engineering department. He further stated that Lake Villa Golf Estates residents were present at the Planning Commission meeting and expressed concern over the lack of a neighborhood park in the area and safe access to an existing parka Mr. Sobota stated the Parks & Recreation Committee recommended a cash contribution be ace~pted to satisfy the park dedication requirements. Staff recommends approval of .the preliminary plat, rezoning and street vacation.. 92.220 Motion was made by Mulvihill, seconded by Ruhmann to approve Resolution No. 92-144 vacating a portion of 179th Trail located west of Keokuk Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Councilmember Harvey was concerned about rezoning property that directly abuts Interstate 35 to a residential use. He felt that the original B-4 zoning was put in place so that a commercial use could provide a buffer between the Interstate and the residential area. Councilmember Harvey stated the original intent of the commercial. zoning was to preclude the construction of sound barrier walls along the Interstate. Mr. Erickson stated he felt the combination of the wetland area and significant tree cover would provide. an appropriate level. of screening between the Interstate and the residential area. He explained. that the staff is attemptingg to provide a transition between the currently zoned B-4 and the adjacent R-7, and the R-1 zoning was felt to be a good transition. Councilmember Mulvihill suggested that only the portion needed for the Lake Villa Golf Estates 7th Addition be rezoned at this time. Mr. Erickson stated the portion that is not being rezoned could be further reviewed by the Planning Commission, with a recommendation brought forward at a later date. Councilmember Sindt asked if the triangular portion that is not included in the seventh addition could be used as park .land. Mr. Michaud stated he feels the property is not conducive to a neighborhood park because of the significant loss of vegetation that would result in building that type of • park. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 9 Councilmember Ruhmann stated he felt that since the area adjacent to the Interstate is heavily wooded, the vegetation should remain in place, thereby providing the needed buffer. 92.221 Motion was made by Mulvihill, seconded by Sindt to adopt Ordinance No. 470 rezoning that portion of the proposed Lake. Vi11a Golf Estates 7th Addition that is located within the B-4, General Business District, zone to R-1, Low Density Single Family Residential District. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 92.222 Motion was made by Mulvihill, seconded by Ruhmann to direct the staff and Planning Commission to review the remaining portion of land located west of Kenyon Avenue and south of 179th Street West. that is currently zoned B-4 and make recommendations on the appropriate use of that land. Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 92.223 Motion was made by Ruhmann, seconded by Sindt to approve the preliminary plat of Lake Villa Golf Estates 7th Addition. • Roll call was taken on the motion, Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 Mary Liz Holberg and Jay Blanchard presented the final plans .for the community playground. 92.224 Motion was made by Sindt, seconded by Mulvihill to approve the final plans. for the community playground. Roll call was taken on the motion. Ayes, .Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 14 Ron Wawrzon presented the revised hunting map as recommended by the Hunting Committee at their August 25th meeting. In answer to Councilmember Mulvihill's concern, Chief Gudmundson explained that some areas have been removed from the designated hunting areas because of resident complaints that were received by the Police Department. He further stated the areas along Dodd Boulevard will continue to be monitored throughout the upcoming hunting season. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8, 1992 PAGE 10 92.225 Motion was made by Sindt, seconded by Mulvihill to authorize publication of the revised hunting map. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. UNFIlVISHED BUSINIESS Mr. Erickson presented a resolution urging the Minnesota Department of Transportation, Commissioner James Denn, to continue the plan to construct a third lane on I-35W between Trunk Highway 13 and Interstate 444 in 1993.. He explained that a group of south Minneapolis citizens and elected officials has prepared a report, and presented it to MnDOT Commissioner James Denn, which recommends that no additional lanes be added to I-35W. Instead, it proposes to add light rail transit, which is not expected to be completed until the year 2012. Mr. Erickson stated the resolution emphasizes that the interim third lane would temporarily relieve the intolerable traffic delays which occur daily on I-35W. 92.226 Motion was made by .Harvey, seconded by Ruhmann to approve .Resolution No. 92.145 supporting the interim third lane project for I-35W. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. i Councilmember Sindt asked for a status update on the drainage problem caused by water being pumped out of the Fisher Gravel Pit. Mr. Nelson stated Barr Engineering is reviewing the drainage issue. The City Attorney indicated that he is in the process of scheduling a meeting with Apple Valley city officials on the matter. Councilmember Mulvihill asked for a status update on the Daniels Addition drain the issue. Mr. Erickson stated staff has been in contact with the developer's attorney and hopes the matter will get resolved. 92.227 Motion was made by Mulvihill, seconded by Ruhmann to direct the City Attorney to pursue resolution of the Daniels Addition drain the issue. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. Mayor Zaun asked for an update on the request of Mr. Hoff for the redesign of County Road 46 near his property. Mr. Nelson stated the .County is considering a possible realignment of the roadway and is attempting to pursue an alternate plan with Mr. Hoff and the. other property owner. He explained that the County made an incorrect assumption that Mr. Hoff's building was vacant and could be removed. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 8,1992 PAGE 11 NEW BUSINESS Councihnember Mulvihill discussed the possibility of establishing weight limits on Highview Avenue, 170th Street and Griffon Trail after Highview Avenue is paved and 160th Street is reopened. 92.228 Motion was made by Mulvihill, seconded by Sindt to authorize the City engineer to evaluate the appropriateness of establishing load .limits on Highview Avenue, 170th Street and Griffon Trail. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ANNOUNCEMENTS Next Regular Council Meeting, September 21,.1992 Special Council Meeting and H.R.A.. Meeting, September 14,1992 92.229 Motion was made by Mulvihill, seconded by Sindt to extend the meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey.. 92.230 Motion was made by Mulvihill, seconded by Sindt to set a work session. for September 28, 1992,. at 8:00 ~.m. for the purpose of discussing the recommendations of the Economic Development Commission relating to the membership and composition of the commission, and consider the applicants for the EDC. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Mayor Zaun adjourned the meeting at 10:38 p.m. Respectfully submitted, Charlene Friedges, Cit .Jerk Duane Zaun, M •