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HomeMy WebLinkAbout05-06-91 s CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 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. Knutson, City Attorney; B. Erickson, City Administrator; D. Feller, Finance Director; K. Nelson, City Engineer; M. Sobota, Community & .Economic Development Director; D. Morey, Assistant Community & Economic Development Director;. S. Michaud, Parks & Recreation Director; D. Krings, Building Official; A. Brixius, Planning Consultant; G. Style, Police Sergeant; C. Friedges, City Clerk. MINUTES The minutes of the April 15, 1991, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: .None. Engineer: None. Administrator: Mr. Erickson. provided a revised development agreement for .Meadow Brook Second Addition, agenda item. No. 10. The revision involved an agreement that was reached between the City Attorney and developer regarding the value of Outlot A. PRESENTATIONSJINTRODIICTIONS None. CITIZENS' COMMENTS Former Mayor .Gordon Lekson greeted the City Council and congratulated them on the cost effective and timely construction of the new city hall. CONSENT AGENDA Councilmembers removed consent agenda items 7f, deferment of special assessments at 17342 Junelle Path, and 7h, bids for Improvement Project 90-5. Councilmembers added .agenda item 12, resolution adopting the position classification and pay plan for exempt and non-exempt positions.. 91.84 Motion was made by Sindt, seconded by Mulvihill to approve • the modified consent agenda items as follows: CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 2 • a. Approve claims for .payment. b. Receive minutes of the following advisory committee meetings: April .18th Planning Commission, April 17th Parks & Recreation Committee, April 16th Environmental Affairs Committee, April 23rd Economic Development Commission, and April 9th Cable TV Board. c. Approve temporary non-intoxicating malt liquor and public dance licenses for the Lakeville Jaycees for the following events: July 5th Family Night Dance; July 6th Pan-O-Frog Adult Street Dance; September 14th Heritage Festival Dance. d. Approve easement agreement on Parcels 27, 28 and 28A (Truehart property), Improvement Project 89-9, West Orchard Lake/Judicial Road. e. Adopt Resolution No. 91-49 approving a raffle license for St. Michael's School (Prior Lake) Golden Dinner at Brackett's Crossing. • f. (Removed from consent agenda.) g. Authorize hiring of a plumbing/builcling inspector. h. (Removed from consent agenda.) i. Receive bids for sale of materials and grading services, Casperson Park Phase II, and approve Resolution No. 91-50 awarding contract. j. Adopt Resolution No. 91-51 approving. feasibility report for utility construction along Dodd Boulevard for the proposed senior high school, Improvement Project 91-6, and ordering preparation of plans and specifications. k. Approve agreement with Schwarz-Weber for abbreviated design services for Casperson Park. restroom and shelter building. 1. Approve Resolution No. 19-52 establishing an employee fund utilizing vending proceeds. m. .Adopt Resolution No. 91-53 approving a raffle license for a Panorama of Progress. CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 3 n. Authorize Tushie-Mont omer & Assoc. to prepare g Y programming and expansion analysis and schematic design for Fire Station No. 2. o. Approve Resolution No. 91-54 setting parking restrictions .and street width on Judicial Road between Orchard. Beach and 175th Street West, Improvement Project 89-9. p. Approve Settlement Agreement with Richard P. and Mary. S. Sexton for the Highview Avenue Improvement Project 88-2. 12. Approve Resolution No. 91-56 adopting the position classification and pay plan for exempt. and non-exempt positions and setting -forth the policy for the administration of the pay plan. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7F 91.85 Motion was made by Harvey, seconded by Mulvihill to table deferment of special assessments for Diane Gossard's property at 17342 Junelle Path until the matter is ready for Council consideration. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7H 91.86 Motion was made by Sindt, seconded by Harvey to receive the bids for Improvement Project 90-5, 210th Street and Holyoke. Avenue, and table award of a contract. Roll call was taken on the motion. Ayes, Mulvihi_l.l., Harvey, Ruhmann, Zaun, Si.ndt. ITEM 8 Mr. Morey presented the request of George Siskoff for a conditional use permit to construct a garage at 20950 Holt Avenue. .The old garage, which has been demolished, was non-conforming in terms of its street side yard setback. The new garage as proposed will maintain, but not increase, that non-conformity and meets all other setback requirements. Conclitions of approval include paving of the existing driveway and removal of a temporary storage shed on the property. The Planning Commission and .staff recommend approval of the conditional use permit subject to eight • ; stipulations. CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 4 91.87 Motion was made by Sindt, seconded by Mulvihill to ' receive the Planning Commission's findings of fact and approve a conditional use permit for George Siskoff to construct a garage at 20950 Holt Avenue. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 Mr. Morey presented the conditional use permit request of Kevin and Dianne Sullivan to allow a second driveway curb cut (circular driveway) at 17705 Layton Path. The property, which is located at the intersection of Layton Path and Kettering Trail in Brackett's Estates, is zoned R-1, Lowe. Density Single Family Residential. By ordinance, single family residential uses are limited to one curb cut access per property unless a conditional use permit is approved by the City Council. Mr. Morey explained .that the lot, which is fairly .large and heavily .wooded, is technically considered a corner lot because it has frontage on two streets. However, only 42 • feet of frontage exists on Kettering Trail, thus the front of the house is designed to face Layton Path, which has 192 feet of frontage. The house is situated- to preserve oak trees located on the easterly portion of the property and meets or exceeds all setback requirements. Because of the 192 feet of frontage, there is more than adequate room to accommodate a circular. driveway. Given the design and layout of the Sullivan's proposed house, staff. feels the circular driveway will be an attractive and functional design feature. The Planning Commission recommends approval of the conditional use permit subject to three conditions. Councilmember Sindt expressed concern over setting a precedent with circular driveways. Councilmember Harvey stated that under current ordinance requirements, the applicant needs a variance for .the rear. yard building setback for the shape of home that is being placed on this lot. Mr. Krings explained that the applicant could, technically, meet the setback requirements, but the house location would not be consistent with future alignment of homes. • CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 5 • Mr. Knutson ex lained that staff has dealt with these uni e P ~ (triangular) shaped lots on an individual basis.. He suggested staff draft a .policy on these types of lots which can be included in the City's zoning ordinance for future reference and consistency. Mr. Sullivan explained that the home was positioned on the lot in an effort to preserve the oak trees. Unique .slopes. had to be dealt with, and the covenants of the development had to be met. He explained that the proposed house, which is 2,500 square feet in .size, is consistent with the size of other houses in the neighborhood. Mr. Erickson explained that the. applicant was not told. that a variance is required. In fairness to the applicant, he asked if .the individual council members would support a variance on this property. Councilmembers Ruhmann, Sindt and Mulvihill stated they would support a rear .yard setback variance as opposed to moving the house 10 feet toward Layton Path. Councilmember Harvey stated he would not support a variance, since the need for one is being created by the applicant.. 91.88 Motion was made by Harvey, seconded by Sindt to table this item until later in the meeting to allow staff to review the . Brackett's Estates file. Roll call was taken on the mota.on. .Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 10 Mr. Brixius presented the final plat of Meadow Brook Second Adclition, consisting of 36 single family residential .lots zoned R-2. The preliminary plat was approved in 1989, along with a planned unit development to a]1ow some R-3 sized lots while maintaining an R-2 density. The plat is located on the south side of 170th Street, east of Flagstaff Avenue. Mr. Brixius explained that all proposed streets. meet the 60 foot right-of-way widths as required by ordinance. Staff is .recommending a temporary cul-de-sac be provided at the southern terminus of Fieldcrest Avenue and the eastern terminus of Firestone Path. The applicant has submitted a grading plan demonstrating that the elevations for proposed .homes along North .Creek will be at least one foot above the .proposed .100 year flood elevation. In order to receive final plat approval, a revised floodplain amendment for.North Creek has been submitted to FEMA by .the applicant. The amendment is currently pending final approval. CITY OF LAKEVILLE COUNCIL MEETING MAY fi, 1991 PAGE 6 Mr. Brixius further ex lained that the property has not been P included in the Year 2000 Urban Service Area. As a result, a comprehensive plan amendment is required. Trail dedication fees for this plat will be waived. In exchange, the developer will be required to construct an eight. foot bituminous trail through Outlot A of Meadow Brook First Addition and place a cash escrow for future construction. of the trail extending to the eastern edge of the Meadow Brook plat. Mr. Brixius stated the Planning Commission and Dakota County Soil and Water Conservation District recommend approval of the final plat, along with the Parks & Recreation and Environmental Affairs committees. Councilmember 5indt asked if the drainage from this plat will affect drainage down stream to North Creek Mobile Home Park. Keith Nelson explained that FEMA has approved a floodplain amendment for the stream and is currently. reviewing the City°s proposed amendment to the floodplain. Staff expects: FEMA to lower the floodplain in this area, including the North Creek Mobile. Home Park. Councilmember Harvey was concerned .with. the existing grades . of Fieldcrest and .Firestone avenues at the intersection. of 170th .Street. He suggested the grades be raised to avoid ponding. Mr. Warren Isrealson, Progress Land Company, stated he has .discussed the matter with the City Engineer and plans to have the streets re-laid during phase two development. 91.89 Motion was made by Harvey, seconded by Mulvihill the adopt Resolution No. 91-55 approving the final plat of Meadow Brook Second Adclition, subject to seven stipulations as listed in the planning report dated April 11, 1991, and an additional stipulation that grades at the intersections of 170th Street be corrected as stated above. Roll. call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 91.90 Motion was made by Mulvihill, seconded by Harvey to authorize the mayor and city clerk to execute the development agreement for Meadow Brook Second Addition. Roll call. was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun.. 91.91 Motion was made by Harvey, seconded by Sindt to xemove Item No. 9 from the table. • CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 7 • Roll call was taken on the motion. Ayes, Mulvihill,. Harvey, Ruhmann, Zaun, Sindt. Mr. Knutson stated that staff reviewed the .subdivision file on this property, which is part of the Planned Unit Development (PUD) for Brackett's Estates. The house pad that.. was .approved as a part of the PUD,.which shows. Layton Path as the front yard, is identical to the pad being proposed by Mr. Sullivan. Mr. Erickson explained that according to the approved PUD, Kettering Trail was substandard in terms of width; therefore, it was not treated as the front yard. Recognizing the unique shape of this .lot, all lots in the subdivision were .found to be in conformance with R-l standards. Legally, a PUD waives all irregularities, and variances are not necessary. Councilmember Harvey proposed closer scrutiny of _PUD's in the future to specifically address house pads and setbacks. 91.92 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and approve a conditional use permit for Kevin and Dianne Sullivan to allow a second driveway curb cut access at 17705 Layton Path, • subject to recommendations in the April 10th planning report, and pursuant to conditions of the previously approved PUD agreement for Brackett's Estates. Roll call was taken. on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. aTEM li 91.93 Motion was made by Sindt, seconded by Mulvihill to table consideration of a rezoning request from Schmitty and Sons, Inc. Rolf call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 13 Mr. Erickson requested consideration of the purchase of a house at 19750 Kenwood Trail for easement acquisition associated with the reconstruction of Trunk Highway 50. Mr. Erickson explained that the Minnesota Department of Transportation has committed to paying 25% of the costs the City would incur in the acquisition of the property. The property was .vacated following a foreclosure. The assessor has the property valued at $54,900, and the owner has offered i CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 8 • the property to the City for $47,858.21, which is the. current. balance on the mortgage. Since the. property is not occupied, the City will incur no relocation expenses. .Once the highway .department takes the necessary .portion of the property for highway construction, the City can consider selling portions to property owners either to the east or west. 91.94 Motion was made by Harvey, seconded by Ruhmann to adopt Resolution No. 91-57 approving a Joint Acquisition Agreement with MnDOT for Parcels 58 and 66 for the Trunk .Highway 50 improvement project (Project 91-4). Roll call was taken on the .motion. Ayes, .Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 14 91.95 Motion was made by Harvey, .seconded. by Mulvihill to set a Council work session for Wednesday, May 22nd, at 7:00 p.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFIlJISHED BUSINESS None. NEW BUSINESS Councilmember Harvey brought to the staff's attention a settling problem on 173rd Street in the Country Pond South subdivision. The City Engineer is aware of .the situation and will update the Council by memo. Mr. Morey presented a conditional use permit request from Merillat Corporation to allow a loacling berth at the .rear of their double frontage lot at 21755 Cedar Avenue. Access to the loading berth is from an existing paved. driveway off of Granada Avenue. The loading berth meets all size and setback requirements of the zoning ordinance, and the Planning Commission recommends approval. Mr. Morey highlighted two stipulations listed in the conditional use permit. The temporary construction access onto Granada Avenue must be closed at the completa.on of the building expansion. The area located. in the northwest corner of the site must be paved and curbed if the company continues to use it for semi-truck parking. Mr. Morey explained that this stipulation has been moclified since the Planning Commission meeting to allow Merillat to landscape and seed • CITY OF LAKEVILLE COUNCIL MEETING MAY 6, 1991 PAGE 9 • the area with no arkin until such time as vement is P g Pa installed. Councilmember Harvey asked if consideration has been given to screening the loading docks. Mr. Jack Matasosky, representing Merillat Corp., explained that due to the close proximity of the chain link fence and the drainage ditch along Granada Avenue, screening would be difficult. 91.96 Motion was made by Mulvihill, seconded by Harvey to receive the Planning Commission's findings of fact and approve a conditional use permit for Merillat Corporation to allow a loading berth at the rear of a double frontage lot located at 21755 Cedar Avenue. Roll call was taken on the motion... Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. Councilmembers received two new applications for a vacancy on the Environmental Affairs Committee and requested interviews be scheduled for 7:00 p.m. on May .22nd. 91.97 Motion was made by Harvey, seconded by Mulvihill to re-estab]ish the starting time for the May 22nd work session to 7:30 p.m. Roll call .was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. Councilmember Ruhmann asked if it would be appropriate to air an AFS family hosting information film on Channel 34 for additional coverage. It was Councilmember Sindt's understanding that the City has a policy not to use the government channel for. information that is already running on another channel. She suggested the matter be referred to the Cable TV Board. Following additional cliscussion, the Council agreed. to advertise the program on Channel 34 by ,directing viewers to Public Access Channel 31. ANNOITNCEMENTS Next Regular Council Meeting, May 20, 1991. Mayor Zaun adjourned the meeting at 8:47 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk D ne Zaun, M o