HomeMy WebLinkAbout06-15-92 .x
CITY OF LAKEVILLE COUNCIL MEETING
i JUNE 15,1992
The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of
allegiance to the flag was given.
Roll ca1I was taken. Present: Councilmembers Sindt, Mulvihill, Harvey and
Mayor Zaun. Absent: Councilmember Ruhmann.
Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K.
Nelson, City Engineer; S. Michaud, Parks & Recreation Director; M. Sobota,
Community & Economic Development Director; D. Feller, Finance Director; D.
Gudmundson, Chief of Police; J. Robinette, Public Works Director; D. Krings,
Chief Building Official; Alan Brixius, Planning Consultant; C. Friedges, City
Clerk.
MINUTES
92.131 Motion was .made by Mulvihill, seconded by Harvey to approve the minutes of
the June 1st Council meeting with one correction on Page 3 to read "over
half" instead of "several".
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey.
STAFF ANNOUNCEMENTS.
• ATTORNEY: Mr. Knutson requested the Council item '7p from the consent agenda,
as no Council action is necessary on this matter.
ENGINEER: None.
ADMINISTRATOR: Mr. Erickson requested the Council table agenda item 12, as
U.S. Homes has not yet provided the necessary security.
CHIEF OF POLICE: Chief Gudmundson presented the May Police Department
monthly report.
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the May Parks &
Recreation Department monthly report.
PRESENTATIONS/INTRODUCTIONS
Mr. Jeff Larson of Minnegasco presented a plaque to the City Council in
commemoration of Minnegasco's 25 years of service to the community. He also
presented a check in the amount of $250 for the purchase of a large tree.
Chief Building Official Dave Krings presented a service award to Glenn
(Barney) Langord in recognition of 20 years of service as Lakeville's
plumbing and heating inspector.
CITY OF L,AKFVILLE COUNCIL MEETING
JUNE 15,1992
PAGE 2
Mr. Doug Thompson, first vice president of the 1992 Fan-O-Prog community
celebration, presented the City Council with Pan-O-Prog buttons and provided
an overview of the scheduled events. Mr. Thompson thanked the City Council
and staff for their continued support.
CITIZENS' COMMENTS None.
CONSENT AGENDA
Councilmembers removed items 7d, 7i, 7j and 7p from the consent agenda,
92.132 Motion was made by Harvey, seconded by Mulvihill,. to approve the modified
consent agenda items as follows:
a. Approve claims_for payment.
b. Receive May Investment Report.
c. Receive minutes of the fallowing advisory committee meetings:
Planning Commission, June 4th
Parks & Recreation Committee, June 3rd
Environmental Affairs Committee,. June 2nd
• d. (Removed from consent agenda).
e. Resolution No. 92-102 amending. the Motor Vehicle Fund Budget.
£ Resolution No. 92-103 accepting donation from Minnegasco to the Parks &
Recreation Department.
g. Approve DARE services agreement with Independent School District 196.
h. Approve Cable TV/Channe134 Operating Policies and Procedures.
i. (Removed from consent agenda).
j. (Removed from consent agenda).
k. Approve fire fighting services agreement with Eureka Township.
1. Approve Change Order No. 1 .for .repainting inside bowl of the McStop
water tower, Improvement Project 92-4.
m. Resolution No. 92-104 authorizing the temporary .closing of City streets
for Pan-O-Prog events.
n. Approve an outdoor public dance license for the Lakeville Jaycees, to be
held in the downtown Enggren parking lot on July 10, 1992 {Cruise
Ni~t)•
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 15,1992
• PAGE 3
o. Approve a temporary non-intoxicating malt Liquor license for the
Lakeville Jaycees, effective July 10-11,1992.
p. (Removed from consent agenda).
q. Approve joint powers agreement for water testing with Burnsville .and
eight other cities.
r. Approve mobile concessions agreement with Arctic Distributors.
s. Resolution No. 92-105 authorizing participation in the Minnesota Police
Recruitment System.
t. Approve an outdoor public dance license for SADD (Students Against Drunk
Drivers) to be held in the downtown Enggren parking lot on July 8, 1992
(8:00 to 11:30 p.rn.).
u. Approve Resolution No. 92-106 designating a responsible person to
administer the American Disability Act.
v. Grant extension of liquor and cabaret licenses for the Chart House
Restaurant to allow the sale of beer and live entertainment outside on
July 4, 1992.
w. Resolution No. 92-107 approving a gambling license for Panorama of
Progress for raffles to be held on July 4 and July 12,1992.
Roll call was taken on the motion. Ayes,: Sindt, Mulvihill, Harvey, Zaun.
ITEM 7D
Councilmember Harvey painted out that the list of people who are authorized
to purchase goods or services for the City within the .requirements of the
purchasing ppolicy included the mayor but did not include the council
members. Mr. Erickson stated it was an oversight, and the list will be
corrected to include the council members.
92.133 Motion was made. by Harvey, .seconded by Sindt to approve Resolution No. 92-101
approving purchasing policies, with the correction as stated above.
Roll call was taken. on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt.
ITEMS 7I-J
Councilmember Harvey raised a concern over the estimated cost to the City of
$105,000 for Dakota Electric Assn. to bury primary lines along Highview
Avenue. He felt the cost was excessive and placed an additional, unjustified
• burden on the taxpayers. He stated he felt the estimated cost of $21,692 for
burying primary lines along Judicial Road was reasonable.
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 15,1992
PAGE 4
92.134 Motion was made by Harvey, seconded by Mulvihill to approve an agreement with
Dakota Electric Association for burying primary lines .along Judicial Road,
.Improvement Project 89-9.
Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill.
Mr. Erickson stated he felt the most effective time to deal with .Dakota
Electric .Association's rate policy and .cost breakdowns for this type of work
would be during the upcoming franchise renewal process. However, staff would
like to have the work along Highview Avenue completed before school starts
this fall, and tabling this matter could delay the project.
Mayor Zaun suggested the Council ask .Dakota Electric Officials to provide a
breakdown of their cost estimates to assure the City that the amount being
charged is justifiable.
92..135 Motion was made by Harvey, seconded by Mulvihill. to approve an agreement with
Dakota Electric Association for burying primary lines along Highview Avenue,
Improvement Project 90-9, subject to payment of actual expenses, including
validated time slips, equipment time and rates and all other associated
validated costs, not to exceed $105,000; and the City shall not pursue
another contract with Dakota Electric for burying. of primary lines until.
• after a new franchise agreement is approved.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey..
ITEM 7P
Mr. Knutson explained that after contacting the State Gambling Control
Director and discussing the matter with the applicant, it was determined
that this raffle event does not require the City's approval.
92.136 Motion was made by Harvey, seconded by Mulvihill to delete item.7p from the
agenda, gambling license for the Lakeville Jaycees for a raffle to be held on
July 11, 1992.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun.
ITEM 8
Mr. Murray Kelly, .Steve Johnson and John Briscoe of Farmington Ford, Inc.
requested Council consideration of their proposed relocation to the City of
Lakeville at the corner of Trunk Highway 50 and. Cedar Avenue, The. business,
they explained, would be re-named Farmington Lakeville Ford Mercury.
Rezoning
Mr. Sobota presented the proposed rezoning of the Farmington Lakeville Ford
. Mercury site, which is being requested by Lawrence and Bonita Schweich. He
explained that the property is currently zoned PUD by action of the .City
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 15,1992
PAGES
Council in 1989 in conjunction with a proposed mixed use development. The
mixed use development never came to fruition, but the PUD zoning remained in
place. The Schweichs are requesting the rezoning of Lot 1, Block 1 from PUD
to B-3, auto oriented business district, in order to accommodate Farmington
Ford. The B-3 zoning is consistent with the nearby Belzer dealership. The
remainder of the property would be rezoned from PUD to B-4. This zoning
would provide a land use transition between the I-2 district south of T.H. 50
and the Ardmor Mobile Home Park immediately to the north.
Mr. Sobota stated the Planning Commission held a public hearing on the
rezoning and adopted findings of fact recommending approval. Staff
recommends approval of the rezoning subject to approval and recording of the
final plat of Schweich 2nd Addition.
Preliminary Plat
Mr. Sobota then presented. the .preliminary plat. of Schweich 2nd Addition,
which includes Lot 1, Block 1 and four outlots. Outlot B is a future
location for a City storm water drainage pond of 12.38 acres. The ponding
area wily be needed when the watershed is fully developed. The pond
construction will increase the acreage of wetlands on the site and create
more wetland type of vegetation, while providing for storm water storage. He
explained that under the new State Wetland Conservation Act, a Certificate of
No Net Loss is required. The ponding design is consistent with City
• engineering practices and was approved by the Environmental Affairs Committee
and Dakota County Soil and Water Conservation District.
Final Plat
Mr. Sobota presented the final plat of Schweich 2nd Addition (Lot 1, Block 1}
to accommodate Farmington Ford Mercury, Inc. The remaining property would
remain metes and bounds property, to be final platted in the future for
commercial development. He explained that the Schweichs initially proposed
to the Planning Commission to construct the entire loop street identified on
the preliminary plat, install all the utilities and include the proposed
outlots in the final plat. When detailed costs became known, the Schweichs
reconsidered their proposal and are now proposing ascaled-back eversion, with
a single cul-de-sac street off of T.H. 50. City staff and the Schweichs have
also renegotiated the proposed construction of the .storm .water drainage
pond. The Schweichs were initially considering constructing the pond m
exchange for future credits against storm sewer area charges. Subsequent to
the Planning Commission meeting, the Schweich's soil. investigations
indicated that soil from the pond may not be suitable for that intended
purpose. They have agreed to the sale of the 12.38 acres to the City, and
the City will construct the .pond in phases as development occurs. Staff
recommends approval of the final plat, subject to revised recommendations as
outlined in the June 11, 1992, planning report.
Councilmember Sindt asked about incorporating a possible second entrance to
the Ardmor Mobile Home Park from this development. Mr. Sobota. explained that
the northeast corner of the plat is C)utlot B, which is the ponding area. He
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 15, 1992
• PAGE 6
stated the -City would not generahy open up a residential area into a
commercial development. However, when the remaining B-4 property is
developed in the future, there may be an opportunity for a second entrance.
92.137 Motion was made by Harvey, seconded by Sindt to receive the Planning
Commission's findings of fact and adopt Ordinance No. 464 rezoning property
north of Trunk Highway 50 and east of Cedar Avenue from PUD to B-3 and B-4,
subject to approval and recording of the final plat of Schweich 2nd Addition.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt.
Councilmember Harvey asked about the requirement for turn lanes on Trunk
Highway 50 adjacent to the plat. Staff indicated that a letter has been
received .from the Minnesota Department of Transportation requiring the
construction of a turn lane and by-pass lane.
Councilmember Mulvihill asked the representatives of Farmington Ford if they
would. consider naming the new facility "Lakeville Farmington Ford Mercury' ,
rather than "Farmington Lakeville Ford Mercury". Mr. Johnson explained that
the Ford dealership has a long. history in the City of Farmington, stating,
"We felt we might cause some confusion, because we changed the name-when we
bought it three and a half years ago. We have established a good name and a
good. reputation. We wanted to keep that and carry it forward." Mulvihill
• said, "I think it could be a bit confusing to people coming ,south on Cedar.
That's so close to Farmington that it might confuse people as to where they
really are."
92.138 Motion was made by Sindt, seconded by Mulvihill to approve the preliminary
plat of Schweich 2nd Addition and a Certificate of No Net Loss.
Roil call was taken on themotion. Ayes, Harvey, Zaun, Sindt, Mulvihill.
92.139 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 92-108
approving the final plat. and development agreement for Schweich 2nd Addition.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey.
ITEM 9
Mr. Morey presented the conditional use permit request of Farmington Ford
Mercury, Inc.. to allow the construction and :operation of aFord-Lincoln
Mercury dealership on Lot 1, Block 1, Schweich 2nd Addition. The property is
zoned B-3, which is consistent with the Belzer dealership across T.H..50.
Approximately 190 parking spaces will be provided on site, Site access is
provided via a 24-foot wide driveway westerly of the .proposed interior loop
road.. There will be no direct access from the site off either Cedar Avenue
or Trunk Highway 50. Setbacks .exceed the requirements for the B-3 district.
The site plan shows an area for future expansion, and a landscaping plan has
been provided. The Planning Commission held a .public hearing on the
conditional use permit and unanimously recommends approval. The
Environmental Affairs Committee has reviewed. the plans and also recommends
approval.
CITY OF LAKEVILLE COUNCIL MEETING
NNE 15,1992
PAGE 7
Mr. Briscoe presented the proposed landscape plan, and explained that the
building will be framed with trees and green area. He provided a building
sketch. He said, "Over 60 percent of the building will be concrete block that
will be sealed and painted. The above panels will be Butler in type." He
added, "The front of the building and the .side facing Cedar will consist of a
great deal of glazing. It's a very positive,. very high-tech, very polished
building that's planned to last them the next 75 years.'
Councilmember Sindt asked about landscaping adjacent to Ardmor Mobile Home
Park. Mr. Morey explained that the proposed landscaping will provide a
buffer between the mobile home .park and the car dealership. Additional
landscaping will be installed when the property to the north develops.
Councilmember Harvey asked if the proposed signage is in conformance with B-3
zoning requirements.
Staff explained that in reviewing the proposed signage for Farmington Ford in
relation to the signage that exists on the Belzer property, it was felt that
B-4 signage requirements would be more appropriate for this type of business
than the B-3 requirements, considering a sign under the B-3 height
requirements would be at an inappropriate elevation in relation to the street
elevations.
• Mr. Briscoe added that the their proposed signage is actually half of what
exists on the Belzer property. He further stated that a sign under the B-3
height requirements would actually block the Cedar Avenue turn lanes and
could cause a hazardous situation.
92.140 Motion was made by Sindt, seconded by Mulvihill to receive the Planning
Commission's findings of fact and approve the conditional use permit for
Farmington Ford-Mercury, Inc.
Roll call was taken an the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun.
Councilmember Harvey stated he voted for the conditional use permit only
because Councilmember Ruhmann is absent and would have voted in the
affirmative (a 4/5 vote is required .for approval). He stated he felt the
proposed signage is excessive and the building construction materials are not
of high quality.
ITEM 10
Mr. Eldon Fossum requested Council consideration of the final plat of Marion
Hills Second Addition, which consists of 17 single family lots south of the
existing Lakeville Senior High School and west of Trunk Highway 50. He also
requested consideration of a variance to allow a cul-de-sac street with a
length greater than 500 feet.
Mr. Morey provided an overview of the final plat and variance request. He
explained that Marion Hills Second Addition received preliminary plat and
cul-de-sac length variance approval in 19$9, but Mr. Fossum never completed
the final plat process. The variance lapsed after one year because the land
CITY OF LAKEVILLE COUNCIL MEETING
.JUNE 15,1992
• PAGE 8
was not developed. He explained that the Planning Commission's 1989 findings
of fact listed topography/steep slopes, concentration of trees, natural
features/existing contours and physical barriers restricting vehicular access
as hardships that justified the granting of a variance. The variance request
has been reviewed by the planning and engineering staff, and all recommend
approval.
All .lots in the final plat are to be custom graded, and individual grading
and erosion control plans will need to be submitted. with a :$500 security for
each lot. Due to the .slopes, retaining walls and driveway slopes, .individual
lot tree preservation plans will be required for each lot, along with a $1500
security for each. lot, which is consistent with the City tree preservation
policy. The plat is not subject to park dedication fees because it is a
replat; however, a trail dedication fee of $150 per lot is required. Staff
recommends approval of the variance and final plat.
Counc~7member Harvey relayed comments made to him from Councilmember Ruhmann
regarding. possible scenarios for reducing the cul-de-sac length. Staff
explained that all other scenarios. would result in a significant loss of
trees.
Councilmember Harvey asked about the connection of the bike path from Jade
Lane to the existing path on the school property. He stated it appears that
• the developer will have to .acquire additional land in order to make the
connection.
Mr. Michaud explained that the City has an easement on the school property
for construction of the bike path and will work with the developer and school
district officials on this matter.
Councihnember Harvey mentioned apparent settling on the Anderson property,
and Mr. Erickson stated the matter should be resolved between the property
owner and builder.
92.141 Motion was made by Sindt, seconded by Harvey to approve a variance to allow a
cul-de-sac street with a length greater than 500 feet in Marion Hills Second
Addition.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt.
92.142 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No.
92-109 approving the final plat and development agreement for Marion Hills
Second Addition.
Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill.
Mayor Zaun called a short recess at 8;55 p.m., and the Council meeting
reconvened at 9:00 p.m.
CITY OF LAKEVILLE COUNCIL MEETING
NNE 15,1992
PAGE 9
ITEM 11
Alan Brixius, Northwest Associated Consultants, highlighted proposed
amendments to the City's floodplain management ordinance. The most immediate
impact of the changes in the floodplain ordinance will be on a small area
within the Countryview Mobile Home Park,. where approximately 12 mobile homes
currently located within the floodplain. There will be a need to place
additional fill on the pads to meet floodplain regulations when the mobile
homes are moved from their current sites.. The City has been in contact with
Mr. Gustafson, representing Countryview Mobile Home Park, and he is aware of
the requirements North Creek Mobile home park was amended in 1984, with fill
being brought in at that time, and is no longer in the 100 year floodplain.
However, staff is in the process of amending the North Creek floodplain
again,. which may result in lowering. of the floodplain in that .area from one
to one and a half feet.
92.143 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 465
amending Section 46 of the Zoning Ordinance concerning the floodplain overlay
district subject to the finalreview and approval of the DNR.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey.
ITEM 12
92.144 Motion was made by Mulvihill,. seconded by Harvey to table consideration of a
resolution approving the final plat of Hypointe Crossing until the July 6th
Council meeting.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun.
ITEM 13
Police Chief Gudmundson presented a proposed ordinance on behalf of the Lake
Marion and Orchard Lake Homeowners' Associations which addressed the use of
remote control boats. The ordinance would. ban the use of remote control
boats on lakes wholly within the City of Lakeville, much like the remote
control airplanes which have been banned from Lakeville parks. Chief
Gudmundson relayed the lake homeowners' concerns that these types of boats
travel at a high rate of speed and are a potential hazard to children who are
playing in the water.
Councilmember Harvey. stated he felt, based on his experiences with remote
control devices, the chance of someone being stricken and severely injured by
one of these devices is remote.
Councilmember Mulvihill asked what neighboring. cities have done to regulate
these devices and what bodies of water, if any, would they be allowed on.
Mr. Erickson suggested the Council- table this matter to allow the staff to
meet with the DNR to come up with designated locations for their safe use.
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 15,1992
PAGE 10
92.145 Motion was made by Mulvihill,. seconded by Harvey to table consideration of an
ordinance concerning remote control boats to allow staff to obtain a history
of remote control boat related accidents and comments from the DNR on
designated locations for their use.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt.
ITEM 14
Mr. Michaud presented .the site plan for the proposed Parkview athletic
fields. He explained that .during .1992 Park Dedication Fund budgeting, it
became apparent that additional athletic facilities were needed in the Valley
Park .area. In addition- to the fund's $60,000 that was set aside for the
project, LS.D. 196 allocated .$12,000 toward the project, since the
ballfields will be jointly used by the City and school district. The Parks &
Recreation Advisory Committee held a public meeting with the adjacent
neighborhoods, :and residents provided valuable input to the project.
Councilmember Harvey stated he felt the project represents a win-win
situation for the. City and School District.
92.146 Motion was made by Harve~r, seconded by Mulvihill to approve a joint powers
agreement with School Distract 196 for the Parkview ballfields project.
• Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill.
Mr. Michaud provided a brief overview of the Cedar Highlands Park project,
being of a .natural, passive design. He stated presentations were made to the
neighborhood residents, who provided input: for the project. The project will
be paid for in part by proceeds from the sale of land to Vista Telephone,
with the balance coming from the park dedication fund budget.
92.147 Motion was made by Harvey, seconded by Sindt to approve plans and
specifications and authorize bids for Parkview ballfields and Cedar Highlands
Park development.
Ro11 call was taken on the motion. Ayes, Zaun, Sndt, Mulvihill, Harvey.
BUSINESS Councilmember Harvey provided a report from the State
Auditor's office showing per capita expenditures for Lakeville and other
cities. in the state. The report shows Lakeville as being one of the lowest
per capita cities in the state. Councilmember ..Harvey expressed his
appreciation to staff for their efforts.
NEW BUSINESS Councilmembers and staff briefly discussed the Farmington
Ford signage issue. Staff will look into a possible zoning ordinance
amendment for measuring the height of signs.
ANNOUNCEMENTS Council Work Session, June 30th
Next Regular Council Meeting, July 6th
CITY QF i .AKRVILLE COUNCIL MEETING
JUNE 15,1992
• PAGE 11
Mayor Zaun adjourned the meeting at 9:48 p.m.
Respectfully submitted,
Charlene Friedges, City rk
D ane Zaun, Ma
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