Loading...
HomeMy WebLinkAbout04-20-92 CITY OF LAKEVILLE COUNCIL MEETING • APRIL 20,1992 The meeting was called to order by Mayor Zaun at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, .Community & Economic Development Director; D. Morey, Assistant Community & Economic Development Director; S. Michaud, Parks & Recreation Director;. D. Gudmundson, Chief of Police; C. Friedges, City Clerk. MINUTES The minutes of the April 6th regular Council meeting were approved with one correction on Page 6 (typographical error). The minutes. of the April 9th special Council meeting were approved as .presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson stated that he received. a call and fax this afternoon from Jim. Hoeft, Attorney for the developer of Cedar Glen. Mr. Hoeft requested that the Cedar Avenue assessment roll not be levied at this time. He requested that the roll not be adopted until the roll .against other properties is also adopted. After discussing the request with the City Administrator, Mr. Knutson informed him that there was no basis for not adopting the roll at this time. Mr. Knutson .explained that the developer previously waived his rights to an assessment. hearing, as stated in the development contract, and recommended the City Council adopt the assessment roll as presented. ENGINEER: Mr. Nelson stated bids have been received on the County Road 46 improvement project, Lakeville Project 91-1. He stated the bids came in lower than anticipated, and the City will. realize a cost savings for its portion of the project. ADMINISTRATOR: Mr. Erickson requested the City Council consider, under New Business (17a), an agreement with Scott County for summer youth employment. CHIEF OF POLICE: Chief Gudmundson presented the March Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Counc~7member Harvey presented a proclamation to VFW Post 210 Commander Gene Munson proclaiming July 11,1992 Minnesota Special Olympics Day in Lakeville. 3 CITY OF LAKEVILLE COUNCIL MEETING APRIL 20,1992 PAGE 2 Councilmember Mulvihill presented a proclamation proclaiming April 20-25, 1992, as John F. Kennedy Elementary School "School of Excellence" Week. JFK Principal Ann Lyons, staff member Mary Gillespie and four students were present to accept the proclamation. Councilmember Sindt read the proclamation for Volunteer Recognition Week, Apri127 -May 2,1992. Councilmember Ruhmann presented certificates of recognition for volunteer service to Dakota County Sheriff's Department Mounted Patrol members Stanley Jensen, Tom Sheridan, Wayne Warwick and Manley Wheeler. Councilmember Harvey presented certificates of recognition for volunteer service to Jim Hooper and Jeff Smith, members of the Minnesota. Swamp. Bucks. Councilmember Mulvihill presented a certificate of recognition to Stacy Meledandri for her volunteer work at the B. Robert Lewis House. Councilmember Sindt presented certificates of recognition to Bernadette Haberle and Gail Haberle for their volunteer service in the Eureka. 47 4-H Club. • Councilmember Ruhmann presented certificates of recognition to Mary Lou and Dick Nordling for their volunteer service in the Cedar-Dodd 4-H Club. CITIZENS' COMII~NTS None. CONSENT AGENDA Councilmember Harvey removed Item 7k, agreement with Sales Consultants for a sponsorship sign at Aronson Fark, from the consent agenda. Councihnembers added Item 15, receive bids and award contract for painting of Airlake and McStop water towers, and Item 17a, agreement with Scott County for youth employment, to the consent agenda. 92.83 Motion was made by Harvey, seconded by Sindt to approve the modified consent agenda items as follows: a. Approve claims for payment. b. Receive monthly investment report. c. Receive minutes of the following advisory committee meetings: Cable TV Board, March 10th Strategic Growth: Management Task Force, March 17th and March 31st Economic Development Commission, March 24th Parks & Recreation Committee, April 1st Planning Commission, April 2nd CITY OF LAKEVILLE COUNCII. MEETING APRIL 20,1992 PAGE 3 d. Resolution No. 92-57 approving plans and specifications .and setting bid date for 175th Street resurfacing and repair, Highway 50 to Ipava Avenue, Improvement Project 92-1. e. Resolution No. 92-58 approving plans and specifications and setting bid .date for extension of Ipava Avenue from Highway 50 north, Improvement Project 91-2. f. Resolution No. 92-59 restricting parking along Ipava Avenue north of Highway 50. g. Resolution No. 92-60 adopting special .assessment roll for .Cedar Glen Additions, Improvement Project 89-1. h. Resolution No. 92-61 approving a gambling license for Lakeville VFW Post 210 for pull tabs. i. Approve an on-sale non-intoxicating malt liquor license for the Lakeville Lions Club. j. Approve a temporary on-sale non-intoxicating malt liquor license for All Saints Catholic Church. • k. (Removed from Consent Agenda). 1. Resolution No. 92-62 amending the General Fund Budget. m. Resolution No. 92-63 amending the Utility Fund Budget. n. Resolution No. 92-64 authorizing release of the sidewalk escrow to the Lynwood North Homeowners Association. o. Resolution No. 92-65 accepting donation from the Lakeville Prime Timers. p. Resolution No. 92-66 designating May 19th as B-BOP Day. q. Resolution No. 92-67 accepting donation to the DARE program from Marquette Bank Lakeville. r. Approve agreement with John DuBois for evaluating the City's radio controlled outdoor warning siren network. 15. Receive bids and approve Resolution No. 92-72 awarding contract for painting of the Airlake and McStop water towers, Improvement Projects 92-3 and 92-4. 17a. Approve Worksite Agreement with Scott County for the summer youth employment program. i CITY OF LAKEVILLE COUNCIL MEETING APRIL 20 1992 PAGF~ 4 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 7K 92.84 Motion was made by Harvey, seconded by Sindt to consider item #7k with item #14 on the regular agenda. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 8 Mr. David Truehart requested Council .consideration of the preliminary and final plat of Truehart Addition, a replat. of existing lots of record and lot remnants along the new Judicial Road. Mr. Truehart also requested a building setback variance for the four lots abutting Orchard Lake to maintain the current legal side yards. Mr. Sobota explained that Mr. Truehart currently. has the legal right to develop each of the lots, but he has agreed to .work with the City to replat the property. He explained that numerous platted roads were vacated as a part of the Judicial Road project, creating a number of lot remnants. • According to the City Attorney, if the Truehart property were not being platted, 10-foot side yards would be allowed without requiring a variance. The variance allows Mr. Truehart to retain the rights he has prior to platting. Mr. Sobota explained that the new Judicial Road is currently an easement that was agreed to between the City and Mr. Truehart.. By platting and dedicating the right-of--way, the City would be bringing the underlying fee ownership of the Judicial Road right-of-way into the lot ownership of the Truehart plat. The replat will also enable the City to obtain easements along the shoreline of Orchard Lake and easements around the boundaries. of the new lots. The Planning Commission held, a public hearing on the preliminary and final plat, as well as the 10-foot side yard building setback variance, and recommends approval. Since the property is a replat and all public utilities have been installed and the areas for mass grading have been graded as a part of the Judicial Road project, no development contract is necessary. The property is currently in the Year 2000 Urban Service Area, therefore a minor comprehensive plan amendment is not necessary. Councilmember Sindt recalled a study prepared several years ago of substandard lots in this area, and she felt this replat is a good way to clean up some of those deficiencies. Councilmember Harvey questioned the ownership of Lot 1, Block 1, as it appeared that Mr. Truehart is not the sole owner of the property being platted. Mr. Truehart explained that the lot had been sold last fall, and a home was built. However, the fee owner has been waiting to record the deed/mortgage to the property until after. the replat is filed. CITY OF LAI~EVILLE COUNCIL MEETING APRIL 20,1992 PAGES 92.85 Motion was made by Sindt, seconded by Ruhmann to receive the Planning Commission's findings of fact, approve the preliminary plat, and adopt Resolution No. 92-68 approving the final plat of Truehart Addition, along with 10-foot sideyard building setback variances on Lots 1, 2, 3 and 4, Block L Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEMS 9-10 Mr. John Peterson of Good Value Homes asked the Council to consider the vacation of a portion of a public street, bike path, drainage and utility easement, and further requested approval of the final plat of Homestead Creek East. Mr. Morey provided an overview of the vacation and final plat as follows. The plat consists of 41 single family residential lots in the northwest comer of 175th Street and Highview Avenue. The property is zoned R-2, single family residential, and is the first phase of development of the Homestead Creek East preliminary plat approved in March. The final plat also includes a request for the vacation of a portion of the public street, bike path, drainage and utility easement known as 172nd Street. The easement is being vacated because the street access will be relocated to line up with 173rd Street. Mr. Morey explained that the developer has notified the three. utility companies who serve the area, and they do not object to the easement vacation. The final plat has. been reviewed by the engineering department, Planning Commission, Parks & Recreation Committee, Envu~onmental Affairs Committee and the Dakota County Soil & Water Conservation District, and all recommend .approval. Mr. Morey stated the plat accomplishes the following objectives for the City: 1) Assist in upgrade of both 1'7Sth Street and Highview Avenue between 172nd and 175th streets to an urban street standard; 2) Burial of existing overhead power lines along 175th Street and Highview Avenue adjacent to the plat; 3) Installation of berming and landscaping for lots adjacent to Highview Avenue and 175th Street; 4) Street lights installed adjacent to the relocated trailway at Hollyhock Avenue and Highview Avenue. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1992. . .PAGE 6 Councilmember Harvey voiced his objection to the easement vacation and the width of Lot 5 (a corner lot) located on Highview Avenue. Councilmember Mulvihill shared Harvey's concerns about the easement vacation, and asked for a legal opinion. Mr. Knutson explained that as long as the plat is in compliance with the City's subdivision and zoning ordinance, the City cannot deny the request unless it can find something that would endanger the :health, safety and welfare of the citizens. Mr. Morey explained that without the easement vacation, the building pad area. is limited. In response to concerns regarding the placement of the house pad on Lot 5 and its proximity to Highview Avenue, Mr. Peterson explained that their company has a policy for lots with grade. On these lots, the driveway would be placed on the high side of the lot because of drainage, etc. Therefore, .the house on Lot 5 would be held to the west side of the lot. Councilmember Ruhmann asked about possible future plans for widening of Highview Avenue. Mr. Nelson explained that Highview Avenue is proposed to be improved to a 52 foot, four lane roadway, with 100 feet of right-of--way to accommodate the street improvements and trails. He felt comfortable with the 100 foot right-of-way and design. • Mr. Morey pointed out that the. developer has provided eight feet of additional width to lot 5 (taken from lot 4) as a result of Councilmember Harvey's concerns during preliminary plat consideration. The resulting width exceeds the City's requirements for a corner lot. Councihnember Harvey commented that the revised plat .contained new information that was not included in the CounciPs packet. Mr. Erickson apologized for not bringing this to the attention of the City Council at the onset of the presentation. 92.86 Motion was made by Sindt, seconded by Ruhmann to approve Resolution No. 92-69 approving the vacation of a portion of a public street, bike path, drainage and utility easement .for Good Value Homes, Inc. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 92.87 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 92-70 approving the final plat and development agreement for Homestead Creek East. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20,1992 PAGE 7 ITEM 11 Mr. Glen Nord, Attorney for David Oster, requested Council consideration of a conditional use permit to allow the construction of a detached accessory building in excess of 1,100 square feet. He stated the building would be used for the storage of antique vehicles and landscaping equipment needed to maintain Mr. Oster's personal property, and further stated that no professional lawn mowing equipment would be stored in the building. Mr. Nord explained that due to concerns raised by the staff and Planning Commission, the following changes have been made to the proposed accessory building since Mr. Oster's original conditional use permit request. 1) The building has been reduced in size from 3,200 square feet to 2,400 square feet; 2) The building will not be served by water or sewer; 3) A concrete floor will be installed in only half of the building; 4) Five-foot coniferous trees will be planted to provide screening; • 5) The building materials and .color will be compatible with the existing single family home. Mr. Sobota stated .the property is zoned R-2, single family residential district; however, it is located outside the .2010 MUSH. He explained .that the list of equipment that will be stored in the accessory building, (per Mr. Nord's letter dated March 17, 1992), will be recorded with the conditional use permit. The Planning Commission and staff recommend approval of Mr. Oster's revised plans. Councilmember Harvey voiced concern over the unfairness of this situation. in comparison to accessory buildings being used for farming purposes, whereby no conditional use permit is required. Mr. Erickson stated he has reviewed the green acres law and other pertinent information and found that an unfairness has been built into the system that is difficult to correct. Mr. Sobota explained that Mr. Oster s original proposal was more commercial in nature. It has since been scaled back to a more appropriate use for a residential zone. Mayor Zaun explained that although the Planning Commission may want to grant approval to the applicant for the proposed use, they must look at future use of the property based on its zoning classification. He felt that land use control would be easier dealt with through rezoning rather than through a conditional use permit. 92.88 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's findings of fact and approve a conditional use permit for David Oster to allow the construction of a detached accessory building in excess of 1,100 square feet at 7820 200th Street West. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1992 PAGE 8 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 12-13 Mr. John Rezac of Reason Investment, Inc. requested Council consideration of the rezoning from R-3 and R-5 to R-2 for Dodd Ridge .and the preliminary and final plat of Dodd Ridge Third Addition. Mr. Sobota explained that the developer originally submitted a final plat for the third phase of Dodd Ridge, which consisted of 26 single family residential lots on R-3 zoned land. Staff encouraged the developer to reduce the overall density of the entire remaining undeveloped portion of the subdivision, as well as the third phase. He explained that the developer agreed to the R-2 rezoning, which reduced the density by 401ots. The preliminary plat of Dodd Ridge Third Addition includes 76 single family residential lots, of which 55 will be R-2 sized lots. The. final plat of Dodd Ridge Third Addition includes 33 of these 76 new lots, of which 13 will be R-2 sized lots. This represents a significant reduction in density. A portion of the property will remain zoned R-3. The Planning Commission held a public hearing and recommended approval of the rezoning and .preliminary and final plat. The plat has also been reviewed by the Dakota County Soil & Water Conservation District, Parks & Recreation Committee, Environmental Affairs Committee and engineering department. Staff also recommends approval. Councilmember Sindt raised a concern regarding the inconsistency of street names in this development. Mr. Morey explained that the City's Street Naming Committee,. in conjunction with the County, reviewed the street names as shown on the preliminary plat. The County had a number of corrections to those street names, and the developer will be incorporating the recommended changes in each phase of bnal platting. 92.89 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and adopt Ordinance No. 461 rezoning a portion of Dodd Ridge Third Addition from R-3 and R-5 to R-2. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 92.90 Motion was made by Sindt, seconded by Mulvihill to approve the preliminary plat of Dodd Ridge Third Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ruhmann, Zaun. Nay, Harvey. Councilmember Harvey's nay vote was due to the R-3 size lots. that still exist in the plat. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20,1992 PAGE 9 92.91 Motion was made by Ruhmann, seconded by Sindt to approve Resolution No. 92-71 approving the final plat and development agreement for Dodd Ridge Third Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 92.92 At the request of Councilmember Harvey, motion was made by Ruhmann, seconded by Mulvihill to reconsider the vote on the final plat of Dodd Ridge Third Addition, (motion #92.91). Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 92.93 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 92-71 approving the final plat and development agreement for Dodd Ridge Third Addition. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill Nay, Harvey. Councilmember Harvey's nay vote was due to the R-3 size lots. ITEM 7K Mr. Michaud asked the Council to consider approval of an agreement with Sales Consultants for a sponsorship sign at Aronson Park. He recommended the one existing 10 x 2 foot sponsorship sign be allowed to continue until the agreement with Sales Consultants becomes null and void at the end of 1993. He explained that the Parks & Recreation Department Revenue Police being considered under Agenda Item #15 does not allow advertising in the parks. Councilmember Mulvihill stated she realizes the sign is grandfathered in, however, she felt a 10 x 2 foot advertisement was inappropriate at Aronson Park. 92.94 Motion was made by Sindt, seconded by Mulvihill to approve the agreement with Sales Consultants for a sponsorship srgn at Aronson,Park, to be voided at the end of the 1993 softball season. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 92.95 Motion was made by Mulvihill, seconded by Harvey to approve the Parks & Recreation Department Revenue Policy. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFINISHED BUSINESS None. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1992 PAGE 10 NEW BUSINESS Councilmembers and staff discussed the Oster conditional use permit issue and the need to examine the guidelines for accessory buildings located outside the Metropolitan Urban Service Area (MUSH). 92.96 Motion was made by Sindt, seconded by Mulvihill to direct staff to provide information on the Metropolitan Council rural development policy, green acre and zoning ordinance requirements for accessory buildings for non-agricultural uses in rural service areas, and report back to the Council at a future work session. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ANNOUNCEMENTS Next regular Council meeting, May 4th Continued Board of Review meeting, April 29th Apri128th work session will be rescheduled to another date at SRF's request. Mayor Zaun adjourned the meeting at 9:30 p.m. Respectfully submitted,. c Charle a Friedges, City rk Dua a Zaun, May r