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HomeMy WebLinkAbout11-19-90 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 1990 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, Sundt, Mulvihill, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City' Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, Community & Economic Development Director; D. Gudmundson, Chief of Police; S. Michaud, Parks & Recreation Director; D. Licht, Planning Consultant; D. Morey, Assistant Community & Economic Development Director; Jim Robinette, Public Works Director; B. Christensen, Fire Chief, D. Krings, Chief Building. Official; C. Friedges, City Clerk... MINOTES The minutes of the November 5, 1990, City Council meeting .were approved .with two corrections on Page 6. STAFF ANNOIINCEIKII~iTS Attorney: None. • Engineer: Keith Nelson recommended. the Council award the contract for Improvement Project 90-1, (Consent Agenda Item 71) as staff has received the DNR permit for this project. Administrator: Bab Erickson requested the Council consider tabling Item No. 9 to .allow the staff to continue discussions with the applicant for signage at the McStop Convenience Center. :.Chief of Police: Chief Gudmundson presented the October Police .Department monthly report. Parks & Recreation Director: .Steve Michaud presented the October Parks & Recreation Department monthly report. Fire Chief: Chief Christensen presented the. 3rd Quarter Activity Report for the Fire Department. In response to Councilmember Mulvihill's concern, the Chief indicated that the Fire Marshal and/or Police Department would investigate the continuation. of refuse fires at one specific location. PRESENTATIONS/INTRODIICTIONS Steve .Michaud introduced Mr. Steve Payette from Alcorn • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 1990. PAGE 2 • Beverage, who presented a $250.00 donation to the City's Parks & Recreation Department for softball programs. Mr. Michaud recognized Cub Scout Den 2, Pack 230 from the Valley Park area for their participation in the City's "Adopt A Park Program". He presented the scouts and their. Den Leaders with a Lakeville patch and expressed appreciation on behalf of the City for cleaning Valley Lake Park. CITIZENS' COI~IIKE~ITS Mr. Dick Townsend, 10246 Upper 205th Street, expressed his concern that additional restrictions should be placed on .hunting within City limits. The Council suggested this item be discussed under New Business. Mr. Ron Gerk, 9935. 175th Street, suggested the. City consider making the lobby at City Hall available as a dropoff center for Christmas letters, cards and gifts for distribution to servicemen stationed in the Middle East. It was suggested that the City coordinate this effort with local VFW and Legion. groups. • CONSENT AGENDA Councilmembers removed from the consent agenda Item 7a, claims for payment,. and Item 7n, the continued use of the County compost site east of County Road 31 and south.. of 170th Street. Councilmembers added to the consent agenda Item 9, table consideration. of an amendment to the comprehensive sign plan for the McStop Convenience Center, and Item 11, approve vacation of Outing Avenue and a portion of Mount Curve Boulevard. 90.284 Motion was made by Harvey, seconded by Mulvihill to approve the modified consent.-agenda items as follows: a. (Removed from Consent Agenda).. b. Receive advisory committee meeting minutes: Parks & Recreation Committee, November 7, 1990 Planning Commission, November 1, 1990 Economic Development Commission, October 23, 1990. c.- Approve Resolution No. 90-136.calling a public hearing on the certification of delinquent utility accounts. d. ,Approve Resolution No. 90-137 modifying the. Employee Handbook for .employee .vacation leave. CITY'OF LAKEVILLE COUNCIL.MEETING NOVEMBER 19, 1990 PAGE 3 e. Authorize George-M. Hansen Company to perform the 1990 fire relief audit. f. Final acceptance and approval of Timber Ridge for utilities and streets. g. Approve Resolution No. 90-138 receivingfeasibilty report and calling a public hearing on Improvement Project 90-5, sanitary sewer. and water extension along Holyoke:Avenue between 210th Street and McGuire Jr. High. h. Approve Resolution No. 90-139 receiving.. petition and authorizing feasibility report for extension. of 175th Street between Ipava and Highview, Improvement Project 90-9. i. Approve Agency .Agreement with MnDOT for reimbursement of State Aid funds far computer purchase. j. Approve construction agreement with Bill & Lisa Cahn for Improvement Project 89-9, Judicial Road. k. Approve Resolution No. 90-140 granting approval to the Lakeville Lions Club for charitable gambling at Babe's Sportsbar & Grill. 1. Approve Resolution. No. 90-141 awarding contract for Improvement Project 90-1, 205th Street West and Hollins .Avenue. m. Approve Resolution No. 90-142 in cooperation with State of Minnesota for snow removal on Trunk Highway No. 50 in downtown Lakeville. n. (Removed from Consent Agenda). o. Approve: agreement with R-W Vending, Inc.. for vending machines at .City buildings. p. Approve Resolution No. 90-143 granting approval. to All Saints Catholic Church for charitable gambling. q. Approve storm sewer special assessment .agreement .with Richard J, and Mary Ann Clemmer. 9. Table consideration of an amendment to-the comprehensive ..sign plan for the McStop Convenience Center located at County Road 70..and Kenrck Avenue. • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 1990. .PAGE 4 11. Approve Resolution No. 90-144 vacating Outing Avenue and a portion of Mount Curve Boulevard located in Lyndale .Lakes Club 2nd Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITELK 7A Councilmember Harvey had a concern with Check No. 57109 of the Claims .far Payment, and Mr. Feller explained that .the City is only paying interest on the amount being refunded to Brackett's Crossing.. Councilmember Harveywithdrew his question. 90.285 Motion was made by Harvey, seconded by Sindt to approve the claims for payment as presented. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITFrIrI 7N Councilmember Sindt voiced her concern that the streets near the compost site have. become littered with debris failing off .vehicles that are traveling to the site. Mr. Robinette will contact Dakota.: County to request ongoing policing and cleaning of the ditch areas along Pilot Knob Road. 90.286 Motion was made by Sindt, seconded by Harvey to approve the continued use of the County compost site east of County Road 31 and south of 170th Street until December 31, 1992, as requested by Dakota County. Roll call-was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 8 Mr. Licht presented the application of Paul Anderson for a conditional use permit and a variance to allow the installation of a pole mounted satellite dish in the rear yard of his property .located in the Great Oak Shores subdivision. He explained .that the 10 foot diameter dish would be mounted on a 20 foot tall. pole anchored into the ...ground. and secured to the roof eave. The dish would rise approximately 28 feet above the ground but. would not rise above the top of the roof, thereby offectively screening it from the street. He explained that conditional usepermit • approval is necessary to allow the dish to exceed a height of CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 1990 PAGE 5 15 feet; and variance approval is necessary to allow the dish to be set back less than 10 feet from the house. He further explained .that based on City ordinances, which were modeled after a Federal Communications Commission (FCC) ruling that all antenna devices be regulated uniformly, Mr. Anderson could place the dish on the roof 20 feet above the roof line and not need a conditional use permit or a variance from the City. Mr. Anderson chose the proposed location in an effort to screen the dish from neighboring properties. Mr. Licht indicated that a unique non-economic hardship was .caused by the. existing oak tree in the rear yard and the unusual topography, which resulted in the Planning Commission and staff recommending approval of the variance and conditional-use permit subject to the following requirements: 1) The applicant furnish the City Building Official with building plans displaying the means by which the satellite dish is to be partially secured to the roof of the site's principal building. The plans shall be subject to review and comment by the City Building Official; 2) The. proposed satellite dish is ground to protect it against lightning strikes in conformance with the National Electrical Code as adopted by the City of Lakeville; and 3) The color of the proposed satellite dish be gray. Councilmember Harvey asked what the covenants state in regard to satellite dishes. Mr. Erickson explained that the covenants indicate .written permission must be obtained from the Association. The. Association, at this .time, :remains in control of the developer (William R. Dolan) since less than 50~ of the lots in the subdivision have been built on; and the applicant received a letter from Mr. Dolan that.. is consistent with the covenants. Mr. Knutson explained that .private covenants are not a matter of City ordinance, and the City has no ability to enforce them. Councilmembers discussed the fact that the applicant. has the legal right to place the dish on the .roof of his house, 20 feet above the roof line, without a conditional use 'permit or variance. This location would be far more obtrusive than the proposed location, which would screen the dish-from neighboring properties. Mayor Zaun stated he felt the City's ordinance should be reviewed, as he had some concern with conformity-being aesthetically less desirable to adjacent property owners than non-conformity. .Dale & Brenda Fitterer, 18694 Kanabec Court, expressed their opposition to the. requested conditional use .permit and variance because they felt the existence of a satellite dish would impair property values. and future development of the .area. CITY OF LAKEVTLLE COUNCIL MEETING NOVEMBER 19, 1990 PAGE 6 Discussion followed regarding the availability of cable television in the area. Mr. Dolan has stipulated. in his ..letter to the applicant that the dish be removed. when cable television is available to the area. Mr. Erickson explained that Star Cablevision will not run cable to a subdivision until at least 50~ of the homes are built, which is estimated to take two to five years. Mr. Jon Ahlberg, 18630 Kanabec Trail, also expressed oppositionto the proposed conditional use permit and variance, stating. he also felt property values would be affected. He stated he felt the existence of an undue .hardship has not been .justified. He also voiced his concern that the satellite dish could increase the risk of a lightning strike or damage to adjacent property. Mr. Dick Peterson of Design Homes. stated he has options on half of the lots in the subdivision and is not concerned that the dish .will affect property values. Mr. Licht explained that lighting and safety issues are addressed by building and electrical codes; and based on information he received from the County Auditor, property. values do not depreciate with the existence of a satellitedish. Councilmember Sindt asked if the applicant has fulfilled the criteria to prove the existence of an undue. hardship. Mr. Knutson explained that undue hardship is caused by existing ..topography and placement of the oak tree on the lot.. 90.'287 Motion was made by Harvey, seconded by Sindt to receive the Planning .Commission's findings of .fact and approve a conditional use permit for Paul Anderson to construct a satellite dish with a height in excess of 15 feet at 18698 .Kanabec Court, subject to three conditions as listed in the conditional use permit. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill. Nay, Ruhmann. 90.288 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and. approve a building setback variance of less than 10 feet for a pole mounted satellite dish at 18698 Kanabec Court. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill. Nays, Ruhmann, Harvey. The motion failed for lack. of a four-fifths vote. Councilmembers Harvey and Ruhmann stated they felt undue hardship .was not justified. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 1990 PAGE 7 ITELK 10 Mr. Licht presented the City's application for a major comprehensive plan amendment to alter the boundaries of Lakeville's 2010 Metropolitan Urban Service Area (MUSA) to bring 71 acres of land inside the MUSA boundary. He explained that this amendment is necessary to accommodate construction of the proposed Highview Elementary School at the northwest corner of Highview Avenue and Dodd Boulevard. on the Clinton and .Kathleen Zweber property. He explained that the Metropolitan Council must approve a MUSA line change in excess of 40 acres as a major comprehensive plan amendment. Mr. Licht explained that the City is proposing a land trade with the Metropolitan Council, whereby the .City would trade approximately 49.5 acres in North Park and 41.9 acres,(Outlot B) in Homestead Creek 3rd Addition for the 71 .acre Zweber property Both parcels are currently inside the MUSA but will note be developed .within the. service area and will .not need sanitary sewer service.. The Metropolitan Council, at this point, sees this as an acceptable trade; and the Planning Commission recommends approval. Mr. Licht also explained that in order to accommodate construction of the Highview Elementary School, 175th Street would need to be extended, along with sewer and water lines, east to Highview Avenue. All property .owners involved have petitioned for .the improvements, and the project is .being coordinated between the City, School District 194, the Zwebers and Good Value Homes. Councilmember Harvey referenced a letter dated November 16, 1990, from Julian J. Zweber regarding the assessment appeal for .Highview Avenue (Zweber vs. City of Lakeville). The letter explains that by altering the MUSA boundary to include the Zweber property, the Zwebers will be removing the basis for an appeal to the paving assessments.. Councilmember Harvey asked Mr. Zweber to clarify that since all of the Zweber frontage on Highview Avenue is being brought into the MUSA, the entire assessment appeal would be dropped. Mr. Zweber agreed that while his letter refers to reserving the right to continue .settlement negotiations regarding any property left outside the MUSA, the word "property" should say ~~frontage". 90.289 Motion was made by Sindt, seconded by Harvey to receive the letter from Julian J. Zweber,. representing Clinton and Kathleen Zweber, dated .November 16, 1990. Roll call. was taken on the motion. Zaun, Sindt, Mulvihill, Harvey, Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING , NOVEMBER. 19, 1990 PAGE 8 90.290 Motion was made by Harvey, seconded by Mulvihill to approve a major comprehensive plan amendment to alter the boundaries of Lakeville's 2010 Metropolitan Urban Service Area as outlined in the Planning Consultant's report dated November 13, 1990. .Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 12 Mr. Sobota presented the .proposal from Grist Mill Company to vacate existing drainage and utility easements and a portion of Hayes Avenue .and 213th Street to accommodate .their proposed five phase expansion. He explained that Grist .Mill currently has separate manufacturing and office buildings covering four of the ten lots they own in Airlake Industrial Park Second Addition. The expansion would include an addition to the. existing manufacturing building and eventually connecting it with the existing office building. Mr. Sobota explained that the vacation of .existing drainage and utility easements and aportion of Hayes Avenue. and 213th Street would allow Grist Mill to build over the easements and streets so they can have a unified site. configuration. A cul-de-sac .would be constructed at the. end of Hayes-Avenue after the street is vacated to accommodate car and truck' .turnarounds. Mr. Sobota went on to explain that Grist Mill has agreed to dedicate an easement for drainage and utility purposes over the streets to be vacated. Grist Mill will also dedicate an easementfor the relocated drainage channel.,..asrequired by the City Engineer. He also .stated that two property owners affected by the street vacation, Airlake Management Corp. and Scruples have given their consent to the vacation of these two streets. Councilmember Mulvihill suggested an additional requirement relating to the City obtaining a permanent sewer easement .over Outlot Abe added to the resolution for street vacation. 90.291 Motion was made by Harvey., seconded by Ruhmann to approve... Resolution No. 90-145 vacating existing drainage and. utility easements, .213th Street. and a portion of Hayes Avenue located in Grist Mill Addition and Airlake.Industrial Park Second Addition, with an additional stipulation that the City obtain a permanent sewer easement over Outlot A. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. UNFINISHED BUSINESS None. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 1990 PAGE.9 xEw avsaxTss Chief Gudmundson addressed the issue raised by Mr. Townsend under Citizens' Comments regarding hunting within the City `limits. He explained that since 1984,. when the City's hunting .ordinance was last reviewed, the City has grown considerably and hunting related complaints have increased. Discussion followed.. 90.292 Motion was made by Sindt, seconded by Mulvihill to direct staff to contact-the 1984 committee members who .reviewed the City's hunting ordinance and report back to the Council with: their input for considering .additional .ordinance amendments. Roll call was taken on the .motion. Ayes, Harvey, Ruhmann, Zaun, Sindt; Mulvihill. 90.293 Motion taas made by Harvey, seconded by Mulvihill to authorize staff to contact the local American Legion and V.F.W. clubs to-'coordinate a drop-off center for. Christmas letters, cards and. gifts for distribution to servicemen stationed in the Middle .East. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt,;.Mulvihill, Harvey. ANNODNCENIENTS Next Regular Council Meeting, December 3, 1990.. Council Work Session, November 26, 1990 Mayor Zaun adjourned the. meeting at 9:24 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk Duane Zaun, M y r