HomeMy WebLinkAbout08-03-92
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
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, Mulvihill,
Harvey and Mayor Zaun.
Also present: R. Erickson, City Administrator; R. Knutson, City Attorney;. K.
Nelson, City Engineer; M. Sobota, Community & Economic Development Director;
D. Feller, Finance Director; D. Gudmundson, Chief. of Police; D. Krings, Chief
Building Official; C. Friedges, City Clerk.
MINUTES
The minutes of the July. 13th .special Council meeting were approved as
presented. The minutes of .the. July 20th Council meeting were approved with
corrections on Pages 1 and 5 as requested by Councilmember Sindt.
STAFF ANNOUNCEMENTS
Attorney: None..
Engineer: Mr. Nelson announced that traffic signals along Cedar Avenue: are
currently being installed.
Administrator: Mr. Erickson provided additional information to the Council
for .agenda items No. 9, a revised document which eliminates the word
"amendment" from the conditional use permit; 10, a signed development
contract, letter of credit and security; 12, additional background material
regarding the Dakota Electric substation site; and 14, additional information
to provide a historical perspective on the Acorn Heights rezoning matter.
PRESENTATIONS/INTRODUCTIONS
Mr. Feller introduced the new City Hall Receptionist, Suzie Gerken.
Mr. Krings introduced the new Building. Inspector, Scott Wheeler.
CITIZENS' COMII~NTS None.
CONSENT AGENDA
Councilmembers removed Item No. 7e, agreement with Dakota County for
right-of
:way acquisition on the County .Road 46 interchange, from the consent
agenda. Councilmembers added Item No. 16, agreement with Resource Strategies
Corp. for a waste management facilities impact. analysis.
92.1'72 Motion was made by Harvey, seconded by Sindt to approve the modified consent
agenda items as follows:
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
PAGE 2
a. .Approve claims for payment.
b. Receive minutes of the following advisory committee meetings:
Planning Commission, July 16th
Parks & Recreation Committee, July 15th
Cable TV $oard, July 14th
Environmental Affairs Committee, July 14th
c. Resolution No. 92-124 approving plans and specifications and setting a
bid date for the installation of an emergency generator.
d. Resolution No. 92-125 approving plans and specifications and setting a
bid date for replacement of fuel tanks at the public works building.
e. (Removed from consent agenda).
f. Approve Fire Permit Agreement with Eureka Township.
g. Resolution No. 92-126 changing the name of Hemlock Path in the Woodbury
First Addition to 173rd Street West.
h. Approve storm sewer credit and final storm sewer area assessment for
• Dodd Ridge 3rd Addition.
i. Resolution No. 92-127 withdrawing from the Minnesota Police Recruitment
System and authorize staff to engage the services of Personnel
Decisions, Inc.
j. Resolution No. 92-128 requesting advance encumbrance of state .aid funds
for Ipava Avenue, Improvement Project 91-2.
k. Final acceptance of streets and utilities for Orchard Oaks.
1. Receive Fire Relief Association Certificate of Special Fund
Requirements.
16. Approve agreement with Resource Strategies Corp. for a waste management
facilities impact analysis.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 7E
Councilmember Harvey questioned the use of ad valorem .taxes to help finance
the right-of--way portion of the County Road 46 project. He wanted to know
the amount of ad valorem taxes that would be levied with, or without, state
highway funding.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
PAGE 3
Mr. Erickson explained that the City Council previously approved an amendment
to .the Mills Fleet Farm TIF District which would allow the use of excess
increment approximately $850,000, to be applied to the County Road 46 project
for right-of--way acquisition. He explained that MnDOT is still considering
their share of the financial .participation toward this project, and staff
will not have an exact amount until later this week. Mr. Erickson pointed
out that in the absence of State funding, the City would not be in a
financial position to proceed. with the .right-of--way acquisition and/or work
on the interchange.
92.173. Motion was made by Harvey, seconded by Mulvihill to approve the Agreement for
Right-of--Way Acquisition .between Dakota County and the Cities of Lakeville
and Burnsville for the reconstruction of County .Road 46, Improvement Project
91-3, subject to the Minnesota Department of Transportation identifying
significant financial participation in the project.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,.
Ruhrnann.
ITEM 8
Mayor Zaun opened the public hearing on the praposed extension of sanitary
• sewer to 195th Street West, east of Holyoke Avenue, Improvement Project
92-10. The City Clerk attested to notices being duly published and mailed
Mr. Nelson presented the proposed project, which was. initiated by a recent
petition from area residents requesting sanitary sewer along 195th Street.
T'he proJJ'ect would extend northerly along Holyoke Avenue to 195th Street, then
east. He .explained that .the project is being proposed due to the drain
fields leaching into the .drainage ditch along 195th Street, which poses a
health problem to the area residents.
Mr. Nelson explained that there have been .several petitions for this project
in the past. A petition was resented in 1984, at which time a feasibility
report was prepared and a public hearing was held. There was some opposition
at that time, and the project did not proceed.
A neighborhood .meeting was held on June 11, 1992, and the majority of the
residents expressed a desire to proceed with the. project at this time. Mr.
Nelson. explained that staff updated the construction costs used in the 1984.
feasibility report based on the Engineering News Record Cost Index. Staff is
recommending the project be assessed on an equal unit basis, rather than a
front footage basis, .and only the existing lots in .the Schweich Addition and
the three existing homes along Holyoke Avenue would be assessed. These
parcels would be assessed $3,410 each, which totals $57,970 being assessed.
The balance of the project would be financed from the Trunk Utility Fund.
There would be no assessments at this time against the undeveloped land. In
. the future, as development occurs, the City would collect connection charges
to this sanitary sewer to recoup part of the -costs being financed by the City
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
• PAGE 4
at this time. Since a significant portion of the property is located outside
of the Metropolitan Urban Service Area, the property is not likely to develop
for 10 to 20 years.
Mr. Nelson explained that the two parcels at the east .end of 19Sth Street,
which are located along the future alignment of Highview ..Avenue, .are not
included in the project. at this time. The City would require utility
easements from the property owners if they wish to have sewer extended to
their property.
Ms. Susan Mortensen, 8487 19Sth Street, stated she would like sewer extended
to her property and would be willing to grant a utility easement at no cost
to the City. She asked that a survey be .completed for the roadway: alignment,
and Mr. Nelson stated a survey would be .provided.
Mr. Mark Zweber, 21310 Dodd Boulevard, stated he owns the 37-acre parcel an
Holyoke Avenue and asked if the sewer would run along his property line. Mr.
Nelson explained that a 100 foot roadway easement exists which can be
utilized for the sewer line.
Mr. Zweber asked for reassurance that his property will not be assessed for
sanitary sewer until it is developped. Mr. Knutson explained that the present
Council .cannot bind a future Council's decision on assessments. However,
based on 20 years of experience with the City, he felt confident that the
Council's decision at the assessment hearing wail be consistent with what is
stated at the public improvement hearing. Mr. Erickson pointed out that the
Zweber property is not within the Metropolitan Urban Service Area at this
time. He stated Mrs. Donnelly had contacted him requesting a letter stating
that there would be no levied assessments accruing interest on her property.
Counclmember Harvey asked if the three parcels along Holyoke Avenue would be
subdividable once sewer is extended to them. Mr. Erickson explained that per
subdivision ordinance requirements, some major infrastructure improvements
would have to be made by the City and/or County before that pproperty could
develop (i.e. watermain extension and street improvements). He also stated
driveway access onto Holyoke Avenue would be restricted due to its status as
a collector street.
92.174 Motion was made by Sindt, seconded by Mulvihill to close the public hearing.
Roll call was .taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
At .the request of a resident in the audience who was not given a chance to
speak, Mayor Zaun re-opened thepublic hearing.
Ms. Susan Mullen, 8489 19Sth Street, stated she would like sanitary sewer
extended to her property and is willing to grant a utility. easement. She
questioned the City's policy regarding compensation for the easement and
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
PAGE S
whether or not she would need to have her abstract title updated to show that
easement. Mr. Erickson stated the City only pays for easements under unique
.circumstances. Mr. Nelson stated the City Attorney will prepare the easement
and have it recorded against her property.
92.175 Motion was made by Sindt, seconded by Harvey to close the public hearing.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
92.176 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No,
92-129 ordering. public improvement and preparation of plans and
specifications for the proposed sanitary sewer extension along 19Sth Street
West, east of Holyoke Avenue, Improvement Project 92-10.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill.
ITEM 9
Mr. Sobota explained. that the conditional use permit for John Petran to allow
a veterinary clinic at 16570 Cedar Avenue was tabled at the July 20th Council
meeting pending receipt of additional information from the owner of the
building, L.A. Donnay Properties, Inc. The following information has been
provided to address the Council's previous concerns regarding soundproofing
and ventilation:
The wall between Ole Piper Inn and the proposed veterinary clinic will
be sealed between the floor and roof decking. A sound proofing chamber
will be provided, along with fiberglass insulation. According to the
Chief Building Official, this will meet or exceed the required STC
rating of 4S.
The wall plan between Osman Cleaners and the proposed veterinary clinic
shows complete caulking and sealing of the wall from the .floor. to the
existing metal deck.
Improvements to the HVAC system would include capacity to exchange air
at 1.2 times per hour. In addition to the exhaust -fan, a .timer
mechanism will be installed to provide automatic exhaust .fan operation
at regular intervals throughout the day.
Staff is recommending a $3,500 security in the form of a cash escrow or
letter of credit from .the owner of the building to ensure. the improvements
are made prior. to occupancy.
Councilmember Sindt questioned the sound proofing. capabilities of the.
proposed wall.. Mr. Krings explained that the wall will be filled with 3.S
inches of fiberglass, which is the type of wall used in apartment buildings.
It is apse-tested assembly which absorbs .sound. In answer to Councilmember
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
• PAGE 6
Sindt's concern about air borne bacteria, he explained. that a sealed. smoke
gasket material, which is used for fire walls, is beingrecommended.
Councilmember Harveyy suggested possibly specifying that water resistent sheet
rock be used. Mr. Krings agreed that water resistent sheet rock could be
used in the surgery and kennel areas. He also stated grubber-base seal
would be applied around the floor in those areas.
Gouncilmember Ruhmann asked about the non-porous capability of sheet rock.
Mr. Krings explained that an epoxy coating-can be applied to the sheet rock,
which makes rtnon-porous.
92.177 Motion was made by Harvey, seconded by Mulvihill to receive the Planning
Commission's findings of fact and grant a conditional use ..permit. to John
Petran to allow a veterinary clinic in a B-2, Retail Business District, at
1b570 Cedar Avenue.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 10
Mr. Rick Sathre, consulting engineer for Builders Development, Inc.,
requested Council approval of the final plat of Lake Marion. Estates 2nd
Addition.
Mr. Morey presented the proposed plat, .which consists of 25 single family
residential lots on the south side of .205th Street (County .Road 64) and .east
of Juno Trail. The property is zoned R-2, .Single Family Residential District
and falls within the Shoreland Overlay District for Lake Marion. The
preliminary plat for Lake Marion Estates was approved in 1985.
Mr. Morey stated the plat has been reviewed by the staff and various advisory
committees, as well as the Dakota County Soil and Water Conservation
District, and all recommend approval. A tree preservation plan .has been
submitted, which shows that the majority of the existing trees will be
saved. Jasmine Avenue is proposed to be constructed from 205th Street to the
southwest boundary of Lake Marion Estates 2nd Addition and will line up with
204th Street on the north side of 205th Street. Upper 205th Street and
Jaguar Avenue will be extended to connect with the proposed Jasmine Avenue.
Juno Trail will also connect with Jasmine Avenue.
Mr. Knutson explained that the design of a plat is accomplished during
preliminary plat review. The final plat is reviewed to assure that the
provisions of the approved preliminary plat have been satisfied. If all
provisions have been. satisfied, the final plat has to be approved,
Councilmember Harvey voiced a concern that the large lot adjacent to County
Road 64 has been divided since preliminary plat approval, and is now shown as
Lots 1 and 2. He was concerned that the house pad on Lot 1 will be situated
CITY OF i .axF VILLE COUNCIL MEETING
AUGUST 3,1992
PAGE 7
too close to County Road 64, given the fact that County Road 64 may, at some
time, become afour-lane county roadway.
Mr. Sathre explained that since preliminary plat. approval in 1985, an
easement on the southern portion of his plat was given to Mr. Wensmann for
his flat so that he could accommodate a street connection and meet the City's
drainage requirements. As a result, one lot had to be eliminated from the
.Lake Marion Estates 2nd Addition .::plat. The developer then adjusted .the
entire block o gain back that lot. He further explained that a 100 foot
right-of-way has been provided for the future widening of County.. Road 64.
Lot 1 meets the minimum setback requirements from that 100-foot nght-of-way.
Councilmember Harvey asked about the proposed drainage into a sedimentation
pond and was concerned about phosphorus removal before storm water enters
Lake Marion.
Mr. Nelson explained that a dry pond currently exists which meets a standard
that pre-existed. When future development occurs and the rate of .discharge
increases, .amore modern design pond will be built.
Mr. Doug Loock, 10291 204th Street, had a concern about the construction of
the pond.
Mr. Erickson stated a more modern design, Walker, pond would normally be
constructed by the City as development increases. If the Council so chooses,
the .Walker pond could be created at this time by the developer of Lake Marion
Estates 2nd Addition, to the .City Engineer's standards, and the City would
credit the developer for the work done.
Mike & .Sharon Borgert, 10281 204th Street, presented a petition from
residents in Southbluff expressing opposition to the connection of Jasmine
Avenue to 205th Street at 204th Street. The Barggert's requested that a
cul-de-sac be constructed on Jasmine Avenue south of 205th Street.
92.178 Motion was made by Harvey, seconded by Sindt to receive the petition from the
residents of Southbluff.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
Ms. Marilyn Nichols, 10301 204th Street, raised a concern that the connection
of Jasmine Avenue. to 204th Street will cause increased drainage to the 204th
Street area. Mr. Erickson explained that at a recent meeting with some of
the 204th Street ..residents, staff was informed of an existing drainage
problem, which is unrelated to this plat. He stated City staff has agreed to
work with the residents to solve the drainage problem on 204th Street. Mr.
Nelson explained that drainage from this plat will not cross 205th Street
onto 204th Street.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
. PAGE 8
Ms. Nichols was concerned with the removal of existing trees which currently
buffer the 204th Street homes from County Road 64. She also raised a concern
regarding the likelihood of increased traffic on 205th Street from Jasmine
Avenue.
Kurt and Tracy Jeffries, 10310 204th Street, were opposed to the intersection
of Jasmine Avenue at 205th. Street. They were also opposed to tree removal
along County Road b4 and the potential for increased runoff.
Staff explained that .Jasmine Avenue at 205th Street has a ten percent grade,
which is the maximum allowed in a residential area. This grade is being
accepted in order to provide a vehicle stacking area at two percent grade and
to saveexisting trees by avoiding additional earth work
Mr. Erickson explained that the Wensmann development to the south of Lake
Marion Estates was designed to disburse traffic. Jacquard Avenue, a major
north-south collector street, and a future parkway to the west will take the
bulk of the north/south traffic en route to the Interstate. Jasmine Avenue
is expected to have a very low volume of traffic.
Mr. Erickson stated the bottom line is that the City does not have the n'ght
to tell the developer to construct a cul-de-sac on Jasmine Avenue. T e
developer has already gone above and beyond his legal requirements by
changing the grade of the road for tree preservation, installing drain tile,
etc., since these requirements did not exist at the time the prehnunary plat
was approved.
92.179 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No.
92-130 approving the final plat and development agreement for Lake .Marion
Estates 2nd Addition,. including the requirement that the .developer create a
pond, as a part of this. plat, consistent with. standard specifications. set by
the City Engineer.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
92.180 Motion was made by Sindt, seconded by Ruhmann to direct staff to meet with
the 204th Street (Southbluff) residents concerningtheir drainage problem.
Roll call was taken on the motion. Ayes, Sindt, .Mulvihill, Harvey, Ruhmann,
.Zaun.
Mayor Zaun recessed the meeting. at 9:45 p.m. and reconvened at 9:50 p.m.
ITEM 11
Mr. Warren Isrealson of Progress Land Company requested Council consideration
of the final plat of Meadow Brook 4th Addition.
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CITY OF T .AKRVILLE COUNCIL MEETING
AUGUST 3,1992
PAGE 9
Mr. Sobota presented the proposed plat, which consists of 71 single family
residential lots east of Flagstaff Avenue and south of 170th Street. The
plat is zoned R-2, Single Family Residential District and is the final phase
of development of the Meadow Brook preliminary platJPUD-CUP approved in
August of 1989.. The plat has been reviewed by City staff and advisory
committees, as well as the Dakota County Soil and Water Conservation
District, and all recommend approval.
1VIr. Sobota a lained that the building footprint plan meets the stipulation
of the FUD-C~P to ensure house plans could fit on the "undersized" lots.
Copies of 30 typical house plans were provided for the Council's review.
Mayor Zaun referenced Page 5 of the July 9th planning consultant's report,
which states that all required. improvements and issues which remain
outstanding fiom the three previous additions must be resolved prior to the
issuance of building permits. Mr. Sobota stated the engineering staff has
indicated that there are no outstanding issues related to this plat which are
out of the ordinary.
92.181 Motion was made by Ruhmann, seconded by Sindt to approve Resolution No.
92-131 approving the final plat and development agreement for Meadow Brook
4th Addition,
Roll call was taken on the motion. Ayes,. Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
ITEM 12
Mr. Bill McGoldrick and Mr. Dennis Olson of Cooperative Power Association
requested Council consideration of a conditional use .permit amendment to
allow the installation of antennae in excess of 15 feet in height at 16609
Ipava Avenue.
Mr. Morey explained that the conditional use permit amendment would. allow
Cooperative Power Assn. to install two antennae on top of .the existing. 100
foot tall steel transmission pole located at the .Dakota Electric substation
on the west side of Ipava Avenue. south of 165th .Street. One antenna is a
16-foot tall .omnidirectional "whip" antenna, and the other is a 13.5 inch by
42 inch parabolic antenna. The color of both antennae will be .compatible
with the light blue. color of the 100 foot tall transmission pole to which
whey :will be attached, He explained .that this request involves an amendment
to the conditional use permit that was approved in 1987 to allow the Dakota
Electric substation.
The Planning Commission held a public hearing on this request at its July
16th meeting. Discussion centered on existing on-site landscaping: compared
with the landscaping plan that was approved with the .original conditional use
hermit in 1987. The Planning Commission directed staff to perform a site
. inspection of the existing landscaping .and recommended approval of .the
conditional use permit amendment. Since the Planning Commission meeting,
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3, 1992
PAGE 10
Northwest Associated Consultants' staff inspected the existing landscaping on
the substation site and found that it is significantly different from the
landscaping shown on the plan approved with the original conditional use
permit. The site inspection revealed that additional landscaping is
necessary along the north property .line, and the installation of seven
evergreen trees was recommended. The site inspection also revealed a number
of landscape maintenance issues that must also be addressed.
Councilmember Sindt asked. about the maintenance of trees :and if he City
monitors the conditional use permits hat are .:granted to ensure that
requirements have been met. Mr. Morey stated that while most trees come with
a typical one-yyear warranty, the staff does make afollow-up inspection of
these sites. It was pointed out, however, that these site inspections were
not completed in every situation back in 1987.
Councilmember Mulvihill stated she was concerned. with. granting an amendment
to a conditional use. permit that .was not adhered to initially. Mr. Ed
Bronkhorst of Dakota Electric Assn. explained that the reason the plantings.
were not consistent with the 19871andscape plan was because they understood
at that time that they were given a .conceptual drawing and were directed to
work closely with the abutting property owners in the placement of the
trees. He stated they had worked with the property owners to achieve a
layout that was acceptable to them. He pointed out that the total number of
plantings exceeds the number required in the 1987 conditional use permit. He
further explained that the reason the landscaping was not completed along the
north property line was because the adjacent property owner was unsure about
the future development of his property.
Councilmember Harvey stated he felt any modification to the landscaping plan
should have come back to the City Council for approval.
Mr. Erickson explained that the planning consultant was merely .stating that
the screening needs to be completed. at this time, given the development that
is occurring m the area.
92.182 Motion was made by Harvey, seconded by Sindt to approve a .conditional use
permit amendment for Cooperative Power Association to allow the installation
of .antennae in excess of 15 feet in height at 16609 Ipava Avenue, subject to
receipt of a $5,000 security.
Roll call :was taken on -the motion. .Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill.
92.183 Motion was made by Ruhmann, seconded by Mulvihill to extend .the Council
meeting beyond the 10:30 adjournment time.
Roll call was taken on the motion. Ayes, Ruhmann, .Zaun, Sindt, Mulvihill,
Harvey.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
PAGE 11
ITEM 13
Richard and Laverne Fenner requested Council consideration of a conditional
use permit to allow the construction of a detached accessory building at 7880
202nd Street.
Mr. Morey stated conditional use permit approval would allow the Fenners to
construct a 26 foot by 3b foot detached .accessory building on their 10-acre
.parcel on the south side of 202nd Street east of Hamburg Avenue. The total
area of the existing and proposed detached accessory buildings (1,896 square
feet) requires conditional use permit approval, because it exceeds the 1,100
square foot maximum allowed. in R-2 districts. The property is located
outside the 2010 MUSA, and City sewer and water is not available.
Landscaping will be installed around the Fenner's proposed detached accessory
building to provide screening. The Planning Commission held a public hearing:
on the conditional use permit request and unanimously recommended .approval.
Staff also recommends approval.
92.184 Motion was made by Sindt, seconded by Harvey to receive the Planning
Commission's findings of fact and approve a conditional use permit for
Richard and Laverne Fenner to allow the construction of a detached accessory
building at 7880 202nd Street.
• Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 14
Mr. Morey presented a request by City staff, at the request of the property
owners, to rezone Lots 1-3, Block 3, of the Acorn Heights subdivision. The
current R-7 zoning of these lots does not permit single family homes, even
though the lots in the replat of Acorn Heights were designed far single
family homes. He explained that three other lots in Acorn Heights are also
zoned R-7. These lots are not included in the rezoning request, because the
property owner, Mr. George Thompson, indicated that he would like to build a
duplex on his property, which the R-2 district would not allow. Staff is
recommending, and Mr. Thompson. has verbally agreed, that these three lots be
rezoned to R-4, which is the least intensive zoning classification that
allows duplexes, and that the three lots be combined to insure that only one
duplex will be constructed on his property. The City will initiate this
rezoning when Mr. Thompson makes a written request.
Mr. Morey explained that the multiple family residential zoning designation
of these lots has been in place since 1970. In 1988, City staff recommended
the lots be rezoned to R-2; however, the property owners objected to the
rezoning at .that tune. He pointed out that apartments and multiple .'family
(three or more units) dwellings are not allowed uses on lots where public
sewer is not available, which is the case with the lots in Acorn Heights.
The Planning Commission held a public hearing on the rezoning request and
unanimously recommended approval.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 3,1992
. PAGE 12
Councilmember Ruhmann asked about wetland protection for this area. Mr.
Knutson stated all lots fall within the Wetland Conservation Act of 1991.
Councilmember Harvey stated he was opposed to building single family homes
next to the Interstate. He felt there should be a buffer, such as multiple
family homes, between the Interstate and a single family residential area.
Councilmembers referenced the single family home on Lot 1, which is currently
under construction. They asked why a building permit. was issued for the
house prior to this rezoning request being considered,
Mr. Erickson explained that due to a change in the text of the zoning
ordinance, i.e. R-3C to R-7, single family homes were precluded as a
permitted use. The property owners have now requested that the property be
rezoned for single family homes, which is consistent with the re-platting of
Acorn Heights. He further stated he did not feel existing homeowners to the
east would be in favor of multiple family residential in this area.
92.185 Motion was made by Mulvihill, seconded by Ruhmann to adopt Ordinance No. 467
rezoning land located east of Kenrick Avenue at 181st Street from. R-7, High
Density .Residential District, to R-2, Single Family Residential District.
Roli call was taken on the motion. Ayes, Sindt, Mulvihill, Ruhmann, Zaun.
Nays, Harvey. Councilmember Harvey stated he was opposed to building single
family homes next to the Interstate.
ITEM 15
Mr. Nelson presented Supplemental Agreement No. 6 with McNamara Contracting
in the amount of $39,553.t)D for the paving of Highview Avenue from County
Road 46 to 3600 feet south. He explained that Highview Avenue was originally
constructed to state-aid standards and was graded as a rural roadway in
1974. Lang term plans are to realign Highview Avenue with Gardenview Drive
in Apple Valley on the north side of 160th Street. Staff felt that based on
the current traffic volume, this portion of Highview Avenue should be paved
prior to the reopening of County Road 46 this fall. However, staff did not
want to put. a lot of money into the roadway if it is going to eventually be
torn up and reconstructed. As an interim solution, staff is recommending a
2-1/2 to 3 inch bituminous overlay on top of the existing Class S surface
This would be adequate .fora 10 year design life, with some anticipated
maintenance. Mr. Nelson explained .that by paving this roadway, the City
would save approximately $10,000 per year in maintenance costs. It would
also help reduce traffic throw the nearby residential neighborhoods by
those motorists who want to avoi traveling on gravel.
Councilmember Harvey questioned the amount of maintenance in a 10-year period
that would be required on three inches of blacktop. He also asked if the
road would have ..posted weight limits in spring. Mr. Nelson stated he
anticipates some maintenance, especially in the low areas.. He does not
anticipate, at this time, that weight limits will be necessary.
CITY OF LAKEVII.LE COUNCIL MEETING
AUGUST 3,1992
PAGE 13
92.186 Motion was made by Sindt, seconded by Ruhmann to approve Supplemental
Agreement No. 6 with McNamara Contractingg in the amount of $39,553 far the
paving of Highview Avenue from County Road 46 to 3600. feet south, Improvement
Project 91-1.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, .Ruhmann, Zaun,
Sindt.
UNFINISHED BUSII~TESS
Councihnember Sindt suggested a work session be held to discuss future street
extensions such as the Jasmine Avenue issue in the Lake Marion Estates Znd
Addition plat. Mr. Erickson stated he felt this .type of situation is
unlikely. to occur since the Council's recent adoption of a policy that limits
the duration of a preliminary plat to only two years, unless the final plat
is filed.
NEW BUSINESS None.
ANNOUNCEMENTS
Next Regular Council meeting, August 17th
Council. Work Session, August 4th
Mayor Zaun adjourned the meeting at 11:10 p.m.
Respectfully submitted,
harlene Friedges, City erk
D ne Zaun, y r