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HomeMy WebLinkAbout02-19-91 ~ } A . 1 J CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY. 19, 1991 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Ro1t 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; S. Michaud, Parks & Recreation Director; M. Sobota, Community & Economic Development Director; D. Licht, Planning Consultant; D. Gudmundson, Chief of Police; D. Feller, Finance Director; D. Morey; .Asst. Community & Economic Development Director; J. Robinette, Public Works/Environmental Resources Director; C. Friedges, City Clerk. MINUTES The minutes of the February 4th regular Council meeting and February 12th special Council meeting were approved as printed. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. ..Administrator: Mr. Erickson requested the Council consider removing items 7f and 7h from .the consent agenda for discussion. Chief of Police: Chief Gudmundson presented the January .Police Department monthly report. Parks & Recreation Director: Mr. Michaud presented .the January. Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced Kim Ewanika, the new Parks & .Recreation Department Secretary/Receptionist. Police Chief Gudmundson, Assistant Fire Chief Danny Barth and ALF Ambulance Director Kevin Raun presented commendation awards to three citizens who were involved in life saving efforts. Mr. Thomas Morness pulled a 10 year old girl from the pool at Super 8 Motel, and Ms. Debbie Hernke began mouth to mouth resuscitation on the girl. Mr. Brian Banker was honored for pulling a man out of a burning building. ` CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 2 • Ms. Cheryl Casey, representing the. Dakota County. Chapter of MADD (Mothers Against Drunk Drivers), presented a commendation plaque to Officer Kevin Manias for his D.W.I. enforcement efforts. (Officer Manias arrested 56 drunk ..drivers in 1990.) CITIZENS' COMMENTS Mr. Dave Johnston and Ms. Sue Stepp of the Lakeville Hockey Association addressed the .council regarding a fundraising. event scheduled for March 22nd at the Super 8 Motel. .The. event would include a dance and casino night. They explained that the Minnesota Gambling Division has been notified; and they have determined that the event does not fall into a category of charitable gambling since no monetary value is being placed on the casino games, and no actual exchange of money will take place. The city. attorney stated that no action by the City Council is required as long as no actual gambling takes .place. He also stated .that the Hockey Association must make it perfectly clear to the participants that casino chips are given free of charge, and the Hockey Association may ask fore • donations but cannot deny participants additional free casino chips. CONSENT AGENDA Councilmembers removed from the consent agenda Item 7f, feasibility report for. extension of streets and utilities to 175th .Street from Iceland Trail to Highview Avenue; and Item 7h, receive petition and authorize preparation of a feasibility .report for improvements; to serve the new Senior High School. Councilmembers added to the consent. agenda Item 12, agreement for a recreational vehicle sanitary waste dump facility; and Item 13, resolution calling a public hearing on Modification No. 2 to the I-35 Redevelopment Project No. 2 and TIF District No. 6. 91.27a Motion was made by Harvey, seconded by Mulvihill to approve the modified consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of advisory committee meetings: Planning Commission, February 7, 1991 Parks & Recreation Committee, February 6, 1991 Natural Resources Committee, February 6, 1991 • Economic Development Commission, February 5, 1991 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 3 c. Approve an amendment to the contract with Dakota Pet Hospital. d. Adopt Ordinance No. 431 amending Title 6 of the City Code .concerning loading zones. e. Approve Resolution No. 91-16 designating a loading zone on 208th Street. f. (Removed from consent agenda). g. Approve Resolution No. 91-17 authorizing preparation of a feasibility report for improvements to County Road 46 between Ipava Avenue and Cec}ar Avenue, Improvement Project 91-1. h. (Removed from consent agenda). i. Final .acceptance of utility improvements only, Meadowbrook 1st Addition. j. Approve Resolution No. 91-1811 amending the Joint Cooperative Agreement with Locals Government Information • System (LOGIS). k. Approve Resolution No. 91-19 adopting 1991 Schedule of Fees (amending animal impound fees). 12. Approve agreement with Rosemary and Lynn Tharaldson for a recreational vehicle sanitary waste dump facility at 8353 210th Street West. 13. Approve Resolution No. 91-21 calling a public .hearing to consider Modification No. 2 to I, the I-35 Redevelopment. Project No. 2 and Tax Increment ',Financing District No. 6 (Mills Fleet Farm) financing plan. I~ Roll call was taken on the moron. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7F Mr. Erickson explained that several) issues surrounding the feasibility report for Improvement PY~oject 90-9, 175th Street extension to Highview Avenue, could be more appropriately addressed. following consideration o~ the conditional use. permit for the new elementary school, Agenda Item 11. • I~ i CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 4 91.28a Motion was made by Harvey, seconded by Ruhmann to take up consideration of Item 7f after. Item 11. Ro11 call was taken on the motion. I~!, Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7H Mr. Erickson recommended the Council receive the petition from Independent School .District (ISD) 194 for street and utility construction to serve the news Senior High School and table authorization of a feasibilityi report until the final site plan for the school is received. Mr. Dan Mehleis of ISD 194 stated the school district expects to submit the final site plan some time in March. i 91.29a Motion was made by Harvey, seconded ! by Mulvihill to receive the petitions dated January 15 ands, February 6, 1991 from Independent School District 194 for street and utility construction to serve the new Senior High School and table authorization of a feasibility report until the City receives the final site plan for the new school. Roll call was taken an the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. II ITEM B j Mr. Morey presented the request of I!SD 194 for a conditional use permit to allow the installation of eight portable classrooms at McGuire Jr. High School. The classrooms would be similar. to the ones installed at,~ the senior high school. He explained that staff has reselarched issues involving appearance, color, compatibility and length of use of ~ the portable classrooms. ISD 194 plans to use the portable .classrooms until the summer of 1994, ' or until the remodeling of McGuire Jr. High School is cgmpleted; and. they will attempt to blend the color of the ;portable classrooms with the color of McGuire Jr. High as closely as possible. Mr. Morey explained that the portable classrooms will. be connected to the McGuire Jr. High by j an enclosed walkway, and a continuous sidewalk access on thei north .side of the site will.be .provided between McGuire Jr. ~'iHigh School and John F. Kennedy Elementary School. He further explained that the 'location of the portable classrooms exceeds all building ,setback requirements, and the nearest; residential .use to the portable classrooms is the Lakevillage Apartments (over 240 feet to the north). Therefore, the visual impact of the portable classrooms on adjacent residential uses and y ~ CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 5 visibility from. Holyoke Avenue will be slight. The number of parking spaces provided on-site (125) exceeds ordinance requirements. The Planning Commission held a public hearing on the application and recommended approval. Councilmembers expressed concern with Conclition 5 of the conclitional use permit, which states if the temporary classrooms are not removed. by August 1, 1994, the payment of water and sanitary sewer connection charges will. be required. Councilmembers felt. that Condition 5 was inconsistent with Condition 1, which states the temporary classrooms are to be removed by August 1, 1994, or at the completion of the McGuire Jr. High School renovation project, whichever occurs first. Mr. Erickson explained that the City would agree to waive the water and sanitary sewer connection charges on these structures,. assuming they do .not become permanent. He suggested Condition 5 be amended to read, "The payment of water and sanitary sewer connection charges wil]. be waived until August 1, .1994 and will be collected if the temporary classrooms are not removed by that date." 91.30. Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's findings of fact and approve Conditional .Use Permit No. 91-01 allowing a portable classroom expansion at .McGuire Junior High School, 21220 Holyoke Avenue, with the amendment to Condition No. 5 as recommended by the city administrator. Roll call was taken on .the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. Nay, Harvey. Councilmember Harvey stated he voted "no" because he felt the City will not receive payment for water and sanitary sewer connection charges if the conditional use permit is extended beyond August 1, 1994. ITEM 9 Mr. Sobota presented the request of Dick and Ann Miller for the vacation of the .platted alley that runs the length of the block behind their existing business and proposed office building. The alley vacation is necessary because a portion of the proposed Miller Building parking lot encroaches into the .western portion of the alley. The Miller property is located on Lots 7-12 and have been administratively combined to form one unified parcel to accommodate development of their office building. CITY OF LAKEVILLE.COUNCIL MEETING FEBRUARY 19, 1991 PAGE 6 Mr. Sobota explained that the City permanently closed the alley in 1957. However, closing the alley is not the same as vacating it, in that public use of the alley .has terminated, but .the City's right to the alley remains.. The engineering ..department is recommending approval of the alley vacation subject to the City retaining a 20 foot permanent drainage and utility easement over the entire .length and width of the alley, plus the dedication of an additional drainage and utility easement adjacent to the west of the. alley over the Miller's property. This easement would enable installation of a storm water drain by the Millers on behalf of the City, as described in the recently approved development contract. Councilmember Harvey suggested the City grant the Millers an easement .over a portion of the alley that affects .their development rather than vacating the alley, recognizing the existing storm drainage problems in that area of downtown. Mr. Knutson explained that the City currently has an easement for the alley and. does not have the ability to grant a drainage easement over it. Councilmember Harvey then suggested the .City vacate only the portion of the alley that would facilitate the Miller's project. Mayor. Zaun asked if there is a significant clifference between the alley easement and proposed drainage easement in relata.on to what the City can construct- for drainage purposes. Mr. Knutson explained that the City has the full ability to do what is .necessary to provide storm drainage improvements in a drainage easement. However, ponding, for example, cannot be accomplished in an alley. Mayor Zaun asked if the City has :been assured by the adjacent property owners that they will grant to the City a permanent. drainage and utility easement. Mr. Sobota stated that the Millers have contacted .all. property owners adjacent to the alley, and they have indicated a willingness to grant the easement. All agreements must be signed before the City can record the alley vacation. He also pointed out that all .adjacent property owners were notified of the Planning Commission's public hearing, and no objections were heard at the meeting... 91.31 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 91-20 vacating the northwest portion of an alley located between Holyoke and Holt avenues and Upper 209th and 210th streets (the west half adjacent to the Miller property only); and .authorize staff to evaluate... the implications of vacating the eastern and southern portions of CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 7 the alley, and report back to the council at its .next regular meeting. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 10 Mr. Morey presented. the proposed preliminary plat of Trabant Addition, consisting of 11 single family residential lots located on the west side of Orchard Lake at 175th Street and Judicial Road. He explained that the plat is located at the southern end of the Judicial Road Improvement Project 89-9, which includes the relocation and reconstruction of Juclicial :Road and the extension of sanitary sewer and water .into the area west. of Orchard Lake. The property is zoned R-1, Low. Density Single. Family Residential District, and lies within the Shoreland Overlay District for Orchard Lake. The two dots in the Trabant Addition located on the east side of the realigned Judicial Road are replatted lots from the Lyndale Lakes Ciub 1st Addition. The remainder of the lots are to be platted from Outlot H of Liberty Heights. All lots meet 100 of the Shoreland Overlay District requirements for lot area and width, and all have sufficient .buildable area to meet Shoreland Overlay District setback-requirements. Mr. Morey explained that engineering recommendations involving grading and utilities have been incorporated into the plat, as well as recommendations from the Dakota County Soil and Water Conservation District and Natural Resources Committee. The Parks & Recreation Committee recommended a cash .contribution to meet the park dedication requirements and also recommended that public access to Murphy-Hanrehan Park be maintained. .The Planning Commission held a public hearing on the preliminary plat, which was opened on December .6th and .continued on January 3rd and February 7th. The Commission's recommendation for approval of the preliminary plat resulted in a 2-2 vote. Concerns raised by Commission members involved the number of lots, (too many), given the topography of the area and the requested elimination of Lot 9, Block 2 from the plat due to its topography and location. Mr. Morey went on to state that staff recommends approval of the preliminary plat subject to 10 stipulations. Councilmember Sindt stated she is not in favor of on-street parking. in the cul-de-sac on Judicial Road, and asked why the street. in front of Lot 9 is being widened to accommodate on-street .parking. Mr. Nelson explained that on-street ..parking currently exists on Judicial Road, and the street in front of .Lot 9 is being :widened, as a part of Improvement CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 8 Project.. 89-9, to a typical street width for improved safety. The elimination of on-street parking on either -side of the street is not addressed in the project plans and requires City Council authorization. Mr. Erickson explained that the Trabant Addition plat includes special driveway requirements on some lots to provide safe ingress and egress and minimize on-street parking along Judicial Road. Councilmember Sindt asked staff to respond to the December 28, 1990 letter from Hennepin Parks regarding storm drainage from the proposed plat into a wetland in Murphy-Hanrehan Park Reserve. (The wetland is adjacent to Minnregs Lake and discharges into the lake.) The City Engineer explained that if storm sewer were redirected, it would:. drain into Orchard Lake. He referenced a recent. storm water run-off monitoring report the City has prepared, in conjunction with J. M. Montgomery & Associates. Results of that report indicate that storm water in the City is of good quality. Mr. Nelson also explained .that the City recently entered .into a contract with Barr Engineering for an update to the City's storm water management .plan, which will address possible treatment for areas of .high phosphorus content. In answer to concerns raised by Councilmembers Sindt and Mulvihill, Mr. Morey explained that Lot 9 was not eliminated because all lots meet or exceed ordinance requirements. Mr. Erickson further explained that the staff and Planning Commission agreed that Lot 9 was the least desirable lot and tried. to encourage the developer. to eliminate it from the plat and increase the size of Lots 7 and 8 to create a more desirable layout. However, the City. cannot justify this position since the plat is in full compliance with ordinance requirements. Councilmember Harvey stated he .does not support the building of homes on fill and. was concerned .that 15 feet of fill is required to raise the elevation of Lot 8. He suggested the. -house pad be eliminated on Lot 8 to provide short term ponding, which would eliminate runoff into the Murphy-Hanrehan Park Reserve. In doing this, he suggested, the house pad on Lot 9 could be re-positioned. Mr. Wayne Tauer, engineer. for the developer, disagreed with the elimination of Lot 9, as he felt the topography of that lot offers a very nice building site. He explained that filling of Lot 8 can be accomplished .under an FHA approved program, whereby. soil and .density tests .are taken as the fill is brought in. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 9 Mayor .Zaun pointed out what. he felt were deficiencies in the December 28th letter from Hennepin. Parks. He also suggested the staff prepare a draft development contract for the Council's review in considering this preliminary plat. 91.32 Motion was made by Harvey, seconded by Mulvihill to table .consideration of the Trabant Addition preliminary plat to allow staff an opportunity to more thoroughly address the issues raised at this meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. .ITEM 11 Mr. -Licht presented the request of Independent School ..District. (ISD) 194 for a conditional use permit to allow the construction of an elementary school at the future intersection of Highview Avenue and 175th Street. (The School District recently acquired 22 acres of property .from Clinton and Kathleen Zweber .for the new school.) He explained .that the Metropolitan Council is currently considering a major comprehensive plan amendment necessary to bring a portion of the elementary school site, as well as 66.6 acres of .the Zweber property, into the 2010 Metropolitan Urban Service Area (MUSA). He stated. a staff report from the Metro Council indicates a favorable reaction to that request. If that is approved, a minor comprehensive plan amendment is also necessary to bring the school property. into the Year 2000 Urban Service Area. Mr. Licht presented a preliminary site plan. The site plan shows 105 on-site parking spaces, which. is above the minimum ordinance requirement. The plan also addresses screening and intensified landscaping, which is intended to tone down the impact of the asphalt. Mr. Licht went on to explain.. that street improvements are necessary on 175th Street from Iceland Trail to Highview Avenue, as well as turn lanes on Highview Avenue to serve the new school. Mr. Light provided a brief overview of the 19 conditions listed in the permit. He explained that the Parks & Recreation Committee is considering,. with Council approval, ..the potential location of a 10 acre park just south of the school site. Condition 19 states .that the elementary school .grading plan must be compatible with theproposed park. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1991 PAGE 10 Councilmember Sindt asked about previous cash and/or park land dedication requirements for schools. Mr. Michaud explained the City does not require park dedication .from schools. He explained that the proposal for a 10 acre park is based on 10% of 100 plattable acres in the proposed Zweber plat. Councilmember Harvey suggested the size of the proposed park (10 acres) be eliminated from Condition 19 to allow some flexibility when and if the park is approved by the City Council. Councilmember Harvey also asked how the Highview Avenue turn lanes are being financed. Mr. Nelson explained that based on current City policy, the. school district would be assessed a residential street equivalent (36 foot width), and all oversizing (44 foot width including turn lanes at the main school entrance) is proposed to be financed by state aid funds. Mr. Licht suggested, since the feasibility report for this intersection is not finalized, that the following worcling be incorporated into Conditions 16 and 17 of the conditional use permit, "the school district's financial contribution be subject to determination by the City Council". 9133 .Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve Conditional Use Permit No. 91-02 for Independent School District 194, amending Conditions 16 and 17 as recommended by Mr. Licht and .striking the words "ten acre" in Condition 19; and approve. a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7F Mr. Erickson explained that the feasibility report for Improvement Project 90-9 requires slight modifications to address the following issues: Cost and funding. source for turn lanes on Highview Avenue and 175th Street; 100% assessment of the eight foot multi-purpose trailway adjacent to the school district site; and the school district's financial responsibility for future. upgrading of Highview Avenue, including the construction of an urban section with a trail on the .east side of Highview Avenue from 172nd Street to 175th Street for school children. He recommended the City Council table receipt of the feasibility report. and direct the City. Engineer to prepare an addendum. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 1931 PAGE 11 91.34 Motion was made by Harvey, seconded by Mulvihill to table receipt of the feasibility report for Improvement Project 90-9 and direct the City Engineer to .prepare an addendum to the feasibility report, incorporating the .issues outlined by the city administrator, for the Council's consideration at the next .regular meeting. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 14 91.35 Motion was made by Sindt, seconded by Harvey to appoint Michael O'Donnell and Phillip C. Smith to fill vacancies on the .Planning Commission, for terms which will expire on January 1, 1993. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. UNFIlJISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS Next Regular Council Meeting, March 4, 1991. Mayor Zaun adjourned. the meeting at .10:12 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk Dua a Zaun, Ma