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HomeMy WebLinkAbout03-04-91 CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 Mayor Zaun, City Council members, State Representative Macklin and Eugene Munson, Assistant Vice Commander of Lakeville V.F.W. Post 210,. presented "Blue Star of Hope" banners to the families of Lakeville military personnel serving on active duty during the Persian Gulf crisis. Thee banners were donated by the Lakeville V.F.W. and are displayed at City Hall. Mayor Zaun called the meeting to order at 7:25 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill and Mayor Zaun. Absent: Councilmember Harvey. Also present: R. Knutson, City Attorney; B. Erickson, Cite Administrator; D. Morey, Assistant Community & Economic Development Director; D. Licht, Planning Consultant; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; M. Sobota, Community & Economic Development Director; J. Robinette, Public Works/Environmental Resources Director; R. Wawrzon, Research Analyst, C. Friedges, City Clerk. MINOTES The minutes of the February 19, 1991, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: .None. Administrator: None. Chief of Police: Chief Gudmundson presented the 1990 Police Department Annual Report. ALF Ambulance Director: Kevin Raun .presented the 1990 ALF Ambulance Annual Report. PRESENTATIONS/RECOGNITIONS In recognition of Girl Scout Week, the Mayor and City Council presented certificates to • Lakeville Girl Scouts poster and essay contest winners. CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 PAGE 2 Mayor Zaun presented a service award to Tom Burke for his years of service to the Natural Resources Committee. CITIZENS CO141~iENTS Mr. Jon Ahlberg, 18630 Kanabec Trail, voiced his concerns regarding the two Dakota County airport search area .locations and their close proximity to Lakeville. He- stated that Airport Search Advisory Committee informational meetings, re: Dakota/Scott site, will be held in Farmington on March 7th and 13th. Ms. Mary Liz Holberg, 12195 Upper 167th Street, commended the Lakeville Police and Fire Departments and ALF Ambulance for their quick response to a minor fire in her home. CONSENT AGENDA Councilmembers added agenda item 11, feasibility report and addendum for Improvement Project 90-9 and resolution calling a public hearing, to the consent agenda. 91.36 Motion was made by Sindt, seconded by Mulvihill to approve the modified consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of the following advisory committee. meetings: Parks & Recreation Committee, February 20, 1991 Natural Resources Committee, February 19, 1991 Cable TV Board, February 12, 1991 Economic Development Commission, February 26, 1991 c. Approval of a temporary easement agreement to provide a turnaround at the end of 179th Trail West in Lake Villa Golf Estates 2nd Addition. d. Approve Resolution No. 91-22 authorizing a transfer of the fund balance from the Lawcon Fund to the Trails Fund. e. Approve Resolution No. 91-23 authorizing interfund transfers. f. .Approve settlement agreements with Robert and Joan Milan for sewer, water and street improvements associated with the Indra Way improvement project. CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 PAGE 3 g. Approve agreement with Jeffrey and Dorothy Barr for reimbursement of costs associated with the extension of public sanitary sewer, subject to receipt of utility and drainage easements. h. Approve change order No. 52 for City Hall. i. Authorize the sale of surplus assets at a City auction on April 27, 1991. j. Approval of landscape services contract with Oster Enterprises for the 1991 growing season. k. Authorize Parks & Recreation Director to submit conservation reserve program application for Ritter Farm Park to the Minnesota Soil and Water Conservation District. I. Approve Recreation .Sponsorship Program for 1991. , 11. Receive Feasibility Re rt (dated 2-11-91) and Addendum • to Feasibility Report ated 2-25-91) for Improvement Project 90-9, extension of streets .and utilities to 175th Street from Iceland Trail to Highview Avenue, with no assessments to property on Highview Avenue for urban street construction and trail (as recommended in the City Engineer's report dated 2-25-91); and approve Resolution No. 91-25 calling a public hearing. Ro]1 call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Ruhmann. ITEM 8 Chief Gudmundson provided a brief history of the Hunting Committee established in 1984. The committee made recommendations to the City Council regarding hunting in City limits with single projectile weapons and, consequently, the City adopted an ordinance reflecting the Committee's recommendations. In late 1990, the City Council recognized the growing. number of citizen complaints about hunting within City limits due to the rapid growth of the community, and asked the Committee to reorganize and review the ordinance. Mick Tingelhoff, Hunting Committee Chairman, presented a map prepared by the Committee showing designated hunting areas within the City.. He also presented the Committee's recommended ordinance amendments as follows: CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 PAGE 4 - Hunting with a single projectile (including BB guns) is prohibited in Lakeville. - Hunting with a shotgun using fine shot is permitted in designated hunting areas provided the hunter is at least 500 feet from a City trail and 500 feet from all buildings. - Hunting outside of designated areas shall be allowed with the written permission of the Lakeville Police Chief, which shall be .given under the following circumstances: a. With written. permission of the property owner where hunting is to occur; b. The hunting area is isolated, rural in character and sparsely populated; and c. No more than one hunting party shall be allowed in the area at one time. Councilmember Sindt questioned whether a hunter could shoot • toward an occupied building even though he/she was at least 500 feet away. Mr. Tingelhoff explained that the Department of Natural. Resources. has. established the 500 foot. regulation based on the fact that fine shot from a shotgun will not travel 500 feet. Councilmember Mulvihill raised concerns regarding the close proximity of hunting to the houses in Valley Park along Dodd Boulevard.. She suggested adding a stipulation that.. the hunter must also be at least .500 feet from the designated hunting boundary (street) . Mr. Erickson explained that in most cases, occupied buildings would exist on the other side of the. street, therefore, the hunter is required to remain 500 feet away from that building (street}. Hunting Committee Chair. Mick Tingelhoff .pointed out that road hunting is illegal. In answer to Councilmember Ruhmann's question, Chief Gudmundson explained that permission to hunt will be given, in writing, by the Police Department, thereby allowing the Department to monitor hunting activity in undesignated areas. Councilmember Sindt suggested letters be sent to Hunting Committee members to express .the City Council's .appreciation for their accomplishments. • CITY OF LAKEVILLE COUNCIL MEETING. MARCH 4, 1991 PAGE 5 91.37 Motion was made by Sindt, seconded by Ruhmann to adopt Ordinance No. 432 amending Title 5 of the Lakeville City Code concerning the permitted use of firearms. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ruhmann, Zaun. ITEM 9 Mr. Morey presented the preliminary plat of Trabant Addition, located on the west side of Orchard Lake at 175th Street and Judicial Road. Mr. Morey explained that the preliminary plat had. been tabled at the February 19th Council meeting due to the following concerns raised by Council members: on-street parking on Judicial Road; the elimination of Lot 9, Block 2; the building pad of Lot 8, Block 2 located on fill; and the use of Lot 8, Block 2 as a drainage pond. Mr. Morey addressed these concerns as follows: Staff addressed vehicle access safety and resident parking concerns by stipulating that driveway access. for. Lots 2 and 8, .Block 2, be off the cul-de-sac street, driveway access for Lot 2, Block 1 be off 175th Street as opposed to Judicial Road, and. Lot 2, Block 1 and Lot 9, Block 2 have a paved driveway turnaround. Staff felt these stipulations would help reduce on-street parking along Judicial Road. The staff further stipulated additional right-of-way and .street width along. Judicial Road in front of Lot 9, Block 2 to provide a safer .situation in the event of on-street parking. Mr. Morey addressed the issue of eliminating Lot 9, Block 2 from the .plat. He explained that all lots in the subdivision meet 100% of Zoning Ordinance requirements. He further explained that the developer could legally reduce the size of the lots in Block 1 to 70% of Zoning Ordinance requirements, as this portion of the subdivision is a re-plat. The developer is not requesting this lot reduction. Mr. Morey pointed out that the lot sizes in Trabant Addition exceed. most of the lots in the immediate area. Regarding the concern with fill on Lot 8, Block 2, Mr. Morey stated that the City~s Engineering Department foresees no problem with the construction of a building on .fill if construction is performed by an experienced earth contractor under the supervision of a registered soils engineer. The work must meet standard specifications for. earthwork on a mass graded lot, as opposed to construction being performed • CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 PAGE 6 by a builder or homeowner on a custom graded lot. Councilmember Mulvihill suggested this stipulation be added as a condition for preliminary plat approval. The Engineering Department also addressed the issue of utilizing Lot 8, Block 2 as a drainage pond. If that were done, Mr. Morey explained, the pond bottom would be 15.5 feet below the cul-de-sac street elevation, and the pond slopes would be 3 to i. Engineering felt that a wet pond with 3 to 1 slopes would pose a potential hazard for area children. In addition, the pond would not be capable of handling runoff from a 100 year storm. Mr. Morey explained that Judicial Road Improvement Project 89-9, which will .result in the removal of a number of septic systems around Orchard Lake, will significantly reduce nutrient loading to Orchard. and Minnregs lakes. The Trabant Addition will add only three pounds of phosphorous per year to Minnregs Lake. Mr. Morey referenced a letter dated February 27, 1991 from John Barten of Hennepin Parks which concurs with the City's analysis. Councilmember Sindt stated she felt the additional street . width on .Judicial. Road should not facilitate on-street parking... Councilmember Ruhmann stated he supports the plat as presented. He also stated he feels parking is not a platting issue, but rather a policy issue that can be dealt with in the future between the City and the residents. Mr. Erickson agreed that it is inappropriate to address parking issues with plat approval. He explained that one of the objectives in the Judicial Road improvement. project is to widen .the street to accommodate parking and improve safety, as Judicial Road is currently signed "no parking" because of its substandard width. He explained that staff feels traffic will .diminish in this area as the project progresses. With the relocation of Judicial Road, the view of Orchard Lake from that segment of Judicial Road will no longer exist" He suggested the staff hold a neighborhood meeting with the residents after all right-of-way acquisitions are in place to discuss the possibility of widening the street four more feet (to a 28 foot .width) and providing the .residents an opportunity to consider designating one side of the roadway as "no parking". • CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 PAGE 7 Mr. Erickson suggested the wording in Stipulation No. 10 of the preliminary plat be amended as .follows: "A b0 foot right-of-way dedication for Judicial Road south of the cul-de-sac road, the extra 10 feet of right-of-way to be provided on the west side of Judicial Road to accommodate extra street width for safety purposes". Mr. Morey explained that staff is recommending an additional. stipulation that the driveway for Lot 9, Block 2 be constructed to include a paved vehicle turnaround. area located- along the side of the driveway, with a minimum front yard building setback of 50 feet. Mr. Wayne Tauer, Engineer for the developer, stated he had no problem with this. stipulation; however, minor alterations to the rear property line of Lot 9 will need to be made. Mayor Zaun stated he feels the preliminary plat as presented meets Zoning Ordinance, as well as Comprehensive Plan and Subdivision Ordinance, requirements. He also .stated he feels significant accomplishments toward redevelopment around Orchard Lake are being achieved by this plat. 91.38 Motion was made by Mulvihill, seconded by Sindt to approve the preliminary plat of Trabant Addition, subject to the change in .Stipulation No. 10 as recommended by .the City Administrator, .and the addition of Stipulations No. 11 and 12 as follows: 11. The. driveway for Lot 9, Block 2, shall be constructed to include a paved vehicle turnaround area located along the side of the driveway; and the minimum front yard building setback for Lot 9, Block 2, shall be 50 feet. 12. Building on top of the fill for Lot 8, Block 2, shall be under the supervision of a registered soils engineer. Roll call was taken on the motion. Ayes, Mulvihill, Ruhmann, Zaun, Sindt. ITEM 10 Mr. Licht presented the requested alley vacation between Holyoke and Holt avenues and Upper 209th and 210th streets to accommodate the Miller project. He explained that the City Council .vacated the northwest portion of the alley at its February .19th meeting and authorized staff to evaluate the CITY OF LAKEVILLE COUNCIL MEETING . MARCH 4, 1991 PAGE 8 implications of vacating the remainder of the alley. He explained that his. office concurs with staff's recommendation that the alley right-of-way designation should be eliminated for the entire block and a public drainage and utility easement be substituted for possible future City needs,. Mr. Licht explained the basis for his opinion as follows. - Alleys. are contradictory to City policy and non-conforming to ordinance standards. - The alley deprives the adjoining property from full and reasonable utilization of site area. - The alley raises possible questions of City maintenance and liability. - The alley is currently being utilized as private property, and is fenced, which generates issues of code violations. This utilization has been recognized by the City through PUD's for the Gannon property. Since the alley serves no useful purpose, the present .utilization would not be a problem if reserved through an easement. - The concept of alleys is an outdated urban design concept which, in most instances, serves. no modern day public purpose. - The protections afforded by a drainage and utility easement adequately protect. the City should the area be required for a public need. 91.39 Motion was made. by Sindt, seconded by Ruhmann to approve Resolution No. 91-24 vacating the alley located between Holyoke and Holt avenues and Upper 209th and 210th streets. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 12 91.40 Motion was made by Ruhmann, seconded by Sindt to set a Council Work Session for Tuesday, March 12, 1991, at .7:00 p.m. Roll call was taken on the mot3.on. Ayes, Zaun, Sindt, Mulvihill, Ruhmann. . CITY OF LAKEVILLE COUNCIL MEETING MARCH 4, 1991 PAGE 9 UNFIIIISHBD BIISINBSS None. NEW BIISINESS Councilmember Sindt raised a concern that persons representing the .Minnesota Police Protection Agency are soliciting donations for what they say are local drug prevention and law enforcement programs. She asked the Police Department to verify the legitimacy of this organization. Mr. Erickson stated Chief Gudmundson has sent a letter to the Chamber of Commerce urging residents and businesses to use caution when approached by fund raisers who are soliciting funds for these types of programs. ANNODNCBMBNTS Next Regular Council meeting, March 18, 1991. Mayor Zaun adjourned the meeting at 9:30 p.m. Respectfully submitted, arlene Friedges, City erk Du ne Zaun, M y r •