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HomeMy WebLinkAbout06-01-92 ip ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 The meeting was called to order by Mayor Zaun at 7:00 p.m. The pledge of allegiance to the flag was given. Rolf call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present:. R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Morey, Assistant Community & Economic Development Director; D. Krings, Chief Building Official; C. Friedges, City Clerk. MINUTES The minutes of the May 14th Special Council meeting and the May 1$th Regular Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: None. PRESENTATIONS/INTRODUCTIONS Mayor Zaun read a proclamation proclaiming Sunday, June 14, 1992, as National Flag Day in Lakeville. 92.120 Motion was made by Harvey, seconded by Sindt to approve the proclamation for National Flag Day. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mayor Zaun introduced Ms. Bonnie Featherstone, Metropolitan Council District 14 Representative, who presented a certificate of recognition to Councihnember Sindt for nine years of service on the Metropolitan Council's Waste Management Advisory Committee. CI'T'IZENS' COMMENTS None. CONSENT AGENDA 92.121 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows:. a. Approve claims for payment. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 • PAGE 2 b. Receive minutes of the following advisory committee meetings: Planning Commission, May 21st Parks & Recreation Committee, May 20th Environmental Affairs Committee, May 19th Cable TV Board, May 19th c. Approve Resolution No. 92-86 authorizing the issuance and sale of $2,190,000 General Obligation Improvement Bonds, Series 1992A. d. Approve Resolution No. 92-87 authorizing the sale of a confiscated vehicle. e. Resolution No. 92-88 approving donation of a desk chair and portable dog kennel to the Minnesota Valley Humane Society. f. Approve Resolution No. 92-89 authorizing staff to submit annual grant applications to the Minnesota DNR for snowmobile and cross country ski trails. g. Approve a temporary on-sale non-intoxicating malt liquor license for Midwest Sport Events, Inc.. for a softball tournament at Aronson Park on August 15 and 16. • h. Approve Hardware Maintenance Agreement with Business Records Corporation for the Optech III-P vote tabulators. i. Receive bids and approve Resolution No. 92-90 awarding contract for Improvement Project 91-2, Ipava Avenue street extension. j. Receive bids and appprove Resolution No. 92-91 awarding.. contract. for Improvement Project 92-1, 175th Street resurfacing and repair. k. Approve a model home center permit for Crystal Lake Golf Estates. 1. Approve Resolutions No. 92-92, 93 and 94 accepting donations from Cross Nurseries, Alcorn Beverage and Enggren's Super Valu to the Parks & Recreation Department and Resolution No. 92-95 accepting a donation from Grist Mill to the Fire Department. m. Grant extension of liquor and cabaret licenses. for Babe's Sportsbar & Grill to allow the sale of beer in the parking lot during Pan-O-frog and for an outdoor dance on July 11th from 2:00 to 5:00 p.m. n. Approve Resolution No. 92-96 calling a public hearing on the proposed modification of Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 13, (Imperial Plastics expansion). Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, • Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 PAGE 3 ITEM 8 1Vlayor Zaun. explained that approximately one year ago, the City Council passed an interim ordinance temporarily prohibiting approval of new residential plats and expansion or development of mobile (manufactured) home parks. This moratorium. allowed the city a "time-out" to study the. effects of growth and implement appropriate controls. The .Strategic Growth Management Task Force was formed by the Council to develop recommendations for appropriate growth management controls. Mayor Zaun then introduced members of the Task Force, over half of wham were in attendance. .Task Force member Bob Vogel presented the report and recommendations from the Strategic Growth Management Task Force entitled, Growth Management Strategies for the City of Lakeville. As stated in the report, Mr. Vogel explained that the general charge of the task force :was to make short or intermediate. term recommendations or suggestions on strategies relating to how the rate, location and kind of residential and commercial/industrial growth can generate fiscal stability, preserve or enhance the quality of life and quality of services, while minimizing the impact on City systems and taxpayers.. Mr. Vogel provided a background on the process followed by the task force, including the gathering of information and topics of discussion. To fulfill • its charge, Mr. Vogel stated, the task force is making the following recommendations to the City Council: A. Resolve the anticipated sewer constraint: The current rate of new housing construction leads the task force to conclude that the City will run out of sewer capacity before the end of the decade unless there is action to either secure additional capacity or constrain access. The task force views this as a high priority issue and made several recommendations. B. Set a hi her riori for attractin new business and industrial development: The tas .force believes there are many ways for the City to be a partner with the business community and made several recommendations. C. Expand the role of the City in business develo merit: The task force recommended improving efforts to help businesses and industries in areas of expansion and retention. D. Guide the amount, type, location and quality of residential development: The task force made several recommendations on guiding residential development, including the promotion of lower density in residential districts in .order to increase open space and protect environmentally sensitive areas. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 PAGE 4 • E. Protect environmental quality while accommodating_growth: Protecting and preserving the environment is a strong concern of the community, and the task force recommended several additions to current environmental protection measures. F. Maintain the Ci 's management capacity. to deliver services:. In light of the fact .that the task force recognizes Lakeville to be one of the lowest per-capita expenditure cities, several .recommendations were made to enhance overall efficiency of City government. Mayor Zaun introduced Ms. Barbara Lukermann, Task Force Facilitator. Certificates of appreciation were presented by Karl Drotning to Ms. Lukermann and Research Coordinator Jerry Schwinghammer on behalf of the task force members. Councilmember Harvey stated the report was refreshing, and the task force "vision" mirrors the Council's vision for the future. He stated he felt the conununity owes the task force a sincere thank you for its work. Councihnember Mulvihill stated in reading the report, she noticed. various issues .the Council has reflected upon. This. report ties several major policy issues together to form a solid direction. for the City. She also stated she felt the .diverse population of the City was well represented by the members of the task force. • Councilmember Sindt expressed her appreciation to the task force members, Ms. Lukermann and Mr. Schwinghammer for their contributions in preparing this report. Councilmember Ruhmann felt the document represents a "big package in a small box" that is user friendly and can be helpful to all. citizens of the community. The "vision" is great and could .foster the feeling of, "a place where people would give their eye teeth to live". Mayor Zaun felt the report provides a much needed focus on managing growth and development in the community. Mr. Erickson stated the report will receive wide distribution throughout the community, including presentations to City staff, advisory committees and service organizations. He suggested the Council set a work session prior to expiration of the moratorium to discuss the recommendations made by the task. force. Mayor Zaun .called a short recess at 7:50 p.m. The Council. meeting reconvened at 8:00 p.m. 92.122 Motion was made by Harvey, seconded by Sindt to receive the .report .and recommendations from the Strategic Growth Management Task Force entitled, Growth Management Strategies for the City of Lakeville, dated May, 1992. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,.1992 • PAGE 5 Roll call was taken on the motion. Ayes, Sindt, .Harvey, Ruhmann, Zaun. Mulvihill was not present for the roll call vote and returned to her seat immediately thereafter. ITEM 9 Mr. Peter Larson asked the council to consider approval of a conditional use permit for the construction of an addition to his existing single family home on the west side of Orchard Lake, which would include the rebuilding of a retaining wall and reducing the size and reconstructing anon-conforming deck. Mr. Morey provided an overview of the conditional use permit request. He explained that the existing house is non-conforming with regard to its setback from Orchard Lake. The close proximity of the house to Orchard Lake: is due to the fact that when the house was constructed many years ago, Judicial Road was located much closer to Orchard. Lake than it is today. The proposed house addition would be constructed on the side of the house farthest away from the shoreline of Orchard Lake and would be set back approximately 40 feet from the ordinary high water level. The proposed house addition will not increase the non-conformity that exists, and the replacement deck would be set back eight feet further from the lake than the • existing deck. Mr. Morey stated. the shoreland impact plan will be utilized to preserve the large oak tree located on the south side of the house. Mr. Morey stated the request has been reviewed by the Environmental Affairs Committee and Dakota County Soil & Water Conservation District. The Planning Commission held a public hearing and recommends approval. Staff recommends the elimination of Condition #3 as recommended by the Planning Commission and modification of Condition #4 as follows, "The proposed house addition and deck shall be constructed in accordance with the Certificate of Survey revised May 23, 1992." Councilmember Sindt asked about setting some conditions for replacement of the retaining wall. Mr. Morey stated the Planning Commission recommended the retaining .wall be constructed under review and approval of the Department of Natural Resources. Councilmember Mulvihill asked what was meant by a Planning Commission member who referred to "condemning property on the lake for the next 50 years". Mr. Erickson explained that Commissioner Smith was opposed to the .proposed improvements because he felt they would extend the life of the non-conforming house by 50 years. Councilmember Harvey stated he felt, in short of moving all the houses back from the lake, it would take some extraordinary events to correct the non-conforming setbacks between the houses and Orchard Lake. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 PAGE 6 92.123 Motion was made by Sindt, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve the conditional use permit as amended for Peter J. Iarson to allow the expansion of an existing non-conforming single family dwelling at 17284. Judicial Road. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 In order to accommodate the residents present, Mayor Zaun took up consideration of Item No. 12 at this time. Mr. Sobota presented. the request of the Minnesota Department of Human Services for the vacation of drainage and utilittyy easements. on Lots 9 and 10, Block 2, Rolling Oaks South Plat 4. The Hurnan Services Department is requesting the vacation as part of an .administrative subdivisionicombination of the two lots to allow the construction of a six bed group home. Mr. Sobota explained that City staff discussed with. the Department of Human Services staff alternate locations for the group home where activities and services would be more accessible to group home residents. Meetings were held between the State and the Rolling Oaks neighborhood, and a major concern • voiced by the residents was the size of the proposed group. home in relation to other homes in the area. The State then agreed to reduce the size of the home and reposition it on the lot. Mr. Sobota stated the Planning Commission held a public hearing on the matter and adopted. a findings of fact and recommendation drafted by the City Attorney. The recommendation of the Planning Commission is for demal of the easement vacation. Mayor Zaun asked if a representative of the Minnesota Department of Hurnan Services was present, and no one responded Councilmember Harvey stated he felt the proposed home is out of character with the neighborhood and commended staff's efforts to persuade the State to consider alternate locations that would better serve the residents of the group home. Councilmember Mulvihill asked about the legal ramifications of denyin~ the request. Mr. Knutson stated Minnesota Statutes provide that a city 'may" vacate an easement if "it appears in the interest of the public to do so". The Planning Commission's findings of fact state that the applicant has not presented satisfactory proof that rt is in the best interest of the public to vacate the easements. Councilmernber Sindt questioned the purpose of the easement. Mr. Erickson • explained that the easement was designed to provide side yard drainage between the two lots. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 PAGE 7 Councilmember Ruhmann asked about alternate locations for this group home. Mr. Erickson stated he felt the best location for the facility would be in an area just south of the Lake Marion Elementary Sehool. Mr. Richard West, 17039 Jonquil Avenue, voiced his opposition to the proposal submitted by the State, :which he :indicated is inconsistent with what the area residents were initially told by the Department of Human Services. Mayor Zaun indicated that today's philosophy supports locating .these. types of homes in neighborhood areas; however, consideration should be given to what would happen when and if the philosophy changes and the facility is abandoned. Therefore, he stated he did not feel the easement vacation is in the community's best interest.. Mr. Paul Zieler, 17061 Jonquil Avenue, stated he felt the State may be planning to build a smaller home on one of the lots if the vacation is not approved, and he asked what chance the residents had in fighting that.. Mr. Erickson stated the City Attorney would be contacted if a building permit application is made, and he would represent the interests of the neighborhood to the extent possible. Mr. Knutson offered additional language in the proposed resolution to read, • "The findings of fact of the Planning Commission are adopted by reference". 92.124 Motion was made by Mulvihill, seconded by Ruhmann to approve Resolution No. 92-99 adopting the Planning Commission's findings of fact and recommendation denying the vacation of drainage and utility easements on Lots 9 and 10, Rolling Oaks .South Plat 4, with the additional language. as recommended by the CityAttorney. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 10 Mr. Duane Dietrich, representing Rolling Oaks, Inc., requested Council consideration of the .preliminary and final plat of Rolling Knolls, consisting of 33 single family residential lots zoned R-2. Mr. Dietrich explained that this development phase .eliminates nine lots from the approved preliminary plat so that all lots meet R-2 requirements for lot area and lot width. Mr. Sobota provided a brief overview of the plat, which ensures the completion of 167th Street as a minor collector. The plat has been reviewed by the Environmental Affairs and Parks & Recreation Committees, Planning Commission and Dakota County Soil & Water Conservation District, and all recommend approval. The development contract has been signed, and security has been submitted. Staff recommends approval of the preliminary and final plat. There were no questions or comments. CITY OF T.AKFVILLE COUNCIL MEETING JUNE 1,1992 PAGE 8 92.125 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 92-97 approving the preliminary and final plat and development agreement for Rolling Knolls. Roll call was taken on the motion. Ayes, Ruhmann,. Zaun, Sindt, Mulvihill, Harvey. ITEM 11 Mr. Morey .presented the final plat of Shady Oak Shores 5th Addition, which consists of 21 single family .residential lots zoned R-2. He explained that the development of Shady Oak Shores 5th Addition will include .the construction of segments of Upper 171st Street and 172nd. Street that will connect existing stub streets in Cherry Highlands Second to the west and Shady Oak Shores 3rd Addition to the east. The plat has been reviewed by the Planrnng Commission Environmental Affairs and Parks & Recreation Committees and the Dakota County Soil & Water Conservation District, and all recommend approval. The development contract has been signed, and a letter of credit for security has been submitted. Staff recommends approval of the final plat. Councilmember Ruhmann referenced the negative vote by Planning Commission member Smith relating to the number of trees that will be lost with this development. Mr. Morey explained that the loss of trees is the result of fitting this addition of Shady Oak Shores into the surrounding development. As pointed out at a neighborhood meeting, most of the trees are box elders, and affected property owners expressed limited concern over the potential. loss of trees. Mr. Morey further explained that many of the trees .located in the northern portion of the plat will be saved. 92.126 Motion was made by Ruhmann,. seconded by Sindt to approve Resolution No. 92-98 approving the final plat and development agreement for Shady Oak Shores 5th Addition. Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 13 Mr. Michaud provided an overview of the Antlers Park lagoon improvement project. He explained that .the concept. design plan pt~epared by TKDA was presented to the neighborhood surrounding. the Antlers Park lagoon, and all citizens present seemed satisfied with the project. The concept plan was also presented to the Lake Marion Homeowners Association, who offered the following comments: 1) Landscape plantings; plantings will be fewer and smaller in size so as not to affect their view of the lake. 2) Grates; child proof grates will. be installed.. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 PAGE 9 3) Limitations of aquatic vegetation; the entire perimeter of the lagoon will be planted with this type of vegetation. 4) Channel dredging; the City will apply for DNR .permits to dredge. the channel on an ongoing basis. Mr. Rich Gray of TKDA presented the concept plan and highlighted three major issues: 1 Safety 2 Water quality 3 Aesthetics Councilmember Harvey asked about funding this improvement project, and Mr. Michaud stated the project will be funded through the storm sewer and park dedication funds. 92.127 Motion was made by Sindt, seconded by Mulvihill to appprove the concept plan .for the Antlers Park lagoon. improvements and authorize TI~DA to prepare plans and specifications. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 14 Mr. Erickson requested Council consideration of 5.3 additional full-time. equivalent staff positions effective. June 1st through September 1st of this year. The positions being recommended are as follows: 1) Increase the hours of the Community Service Officer position from 28 to 40 hours. 2 Two additional police officers to be hired in September. 3~ An additional planner for the Commumty/Economic Development Department. It was recommended that in the context of full-time equivalency, the City would be better served to hire two qualified college graduate students for the position. 4) A buildmg inspector to replace Mr. Langord, who is retiring this month. S) A personnel coordinator. Mr. Erickson explained that the .recommendation for additional staffing was presented to the .Personnel Committee in April At that meeting, rt was recommended that the staff present a scenario which would portray the City's ability to fund these positions. He explained that a significant. unanticipated increase in revenue for 1992 has allowed the additional 5.3 positions, plus additional police positions in 1993 and 1994, without a corresponding. increase in the City s share of property taxes. .Revenue increases resulted from a significant increase in buildmg permits, intergovernmental revenue, charges for building permit plan review and interest on investments. In addition, the Legislature removed the levy limit, left local government aid in tact and the various departments have managed to under-spend their budgeted expenditures. CITY OF LAKEVILLE COUNCIL MEETING JUNE 1,1992 PAGE 10 Councilmembers were pleased with the two and one-half. year budget outline, and supported the City Administrator's recommendations for additional staffing, recognizing that Lakeville will continue to be one of the lowest per capita expenditure cities in the State. 92.128 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 92-100 amending the 1992 General Fund Budget. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 15 Applicants for the Dakota Alliance for Prevention were interviewed by the City Council at their May 27th work session.. 92.129 Motion was made by Sindt, seconded by Mulvihill to nominate Jenny Heise far membership on the Dakota Alliance for Prevention. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill 92.130 Motion was made by Mulvihill, seconded by Harvey to change the wording. on the nomination form to read, Other excellent candidates who are interested in serving as additional members on a committee or participating in special events or programs. include:' ; and insert the names of Dick Townsend and Kevin Hoffman. Roll .call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS The City Council indicated they had received calls during the past weekend regarding boat launch problems and enforcement at Casperson Park. The Parks & Recreation Director and Chief of Police provided some background on the situation and indicated they would examine enforcement policies and report back to the City Council. ANNOUNCEMENTS Next Regular Council Meeting, June 15,1992. Mayor Zaun adjourned the meeting at 10:00 p.m. Respectfully submitted, Charlen Fredges, City erk Zl-f~_r---- Du~ ne Zaun, Ma o