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HomeMy WebLinkAbout10-15-90 CITY OF LAKEVILLE COUNCIL MEETING • OCTOBER 15, 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, Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember Sindt. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; D. Gudmundson, Chief of Police; R. Brekken, Recreation Program Supervisor; D. Licht and A. Brixius, Planning Consultants; C. Friedges, City Clerk. MINOTES The minutes of the .October 1, 1990, City Council meeting were approved as printed. STAFF ANNOUNCF~N'rS Attorney: Roger Knutson requested the Council consider, under New Business, a modified Settlement Agreement with.. Frederick W. Rgnonti for Improvement Project 89 -2. Engineer: Keith Nelson explained that the City is lacking a permit from. the Department of Natural Resources which is necessary for the construction of 205th Street .and Hollins Avenue,. Improvement Project 90-1. He requested the Council remove Item 7g from the consent agenda to receive. bids and table award of a contract. Administrator: Bob Erickson requested the Council consider, under New Business, a change order to Peoples Electric for the City Hall. project. Chief of Police:. Don Gudmundson presented the September Police Department monthly report. It was pointed out that the increase in traffic accidents appear to be speed related, and the Chief will determine the reasons for these occurrences. Parks & Recreation Director: In the absence of the Parks & Recreation Director, Renee Brekken, Recreation Program Supervisor, presented highlights from the September Parks & Recreation Department monthly report. ..PRESENTATIONS/INTRODIICTIONS None. CITIZENS COrS CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 2 • Vicki Ennenga, 8401 Lower 208th Street, presented a list of questions from the Hershey Avenue residents regarding a proposed group home at 207th Street and Hershey. Due to the nature of this issue, the City Council placed this item on the regular agenda following Item #12. CQNSENT AGENDA Council members removed Item 7g from the consent agenda and added items il, 13A and 13B. 90.267 Motion was made by Harvey, seconded by Mulvihill to approve the modified consent agenda as follows: a. Approve claims for payment. b. Receive advisory committee meeting minutes of the October 4th. Planning Commission and October 3rd Parks & Recreation Committee. c. Approve change order No. 3 to F.F. Jedlicki, Inc. for Improvement Project 89-13, Griffon/Grove Trails.. e d. Final acceptance of utility improvements to Kenwood Oaks. e. Approve Resolution No. 90-128 adopting Lakeville Right-of-Way Map No. 1 for Judicial Road Improvement .Project 89-9. f. Approve easements between Carroll property and City of Lakeville (162nd Street West and Cedar Glen 2nd Addition). g. (Removed from Consent Agenda). h. Approve gambling license for the Bloomington Lions Club for an event at the Chart House on December 3, 1990. i. Approve Fire Fighting Service Agreement with Eureka Township for the period of January 1, 1991 to December 31, 1992. j. Approve Joint Powers Agreement between Cities of Burnsville, Eagan, Apple Valley and Lakeville and Dakota County for the South Metro Drug Task Force. 11. Award a contract to Fredrickson Heating and Air Conditioning, Inc. for repair of two unit heaters and • replacement of a rooftop heating/cooling unit at the CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 3 Public Works Building, 21400 Hamburg Avenue, and approve an appropriation in the Utility Fund Budget irr the amount of $4,540 for the contract. 13a. Approve modified Settlement Agreement with Frederick W. Rgnonti for Improvement Project 89-2. 13b. Approve change order No. 43 with People's Electric for the City Hall project. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. ITEtrII 7G 90.268 Motion was. made by Harvey, seconded by Ruhmann to receive the .bids for Improvement Project 90-1, 205th Street and Hollins Avenue, and table award of contract. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. ITELrII 8 • Alan Brixius provided a status update on the request of Render Development for a building setback variance. from the Ordinary High Water Mark (OHWM) of Lee Lake. He explained that Mr. Render, the applicant, has submitted a modification to the original application. in response to a xequest by the City Council that he modify the proposed house configuration and building pad and provide clarification of the Department of Natural Resources's opinion on the matter.. The applicant is now requesting a variance to allow a home to be located within 60 feet of Lee Lake's OHWM rather than the previous request of 50 feet. It was explained that Mr. Pat Lynch, DNR Area Hydrologist, states in his July 12, 1990, letter that since there are existing structures on Lee Lake which do not meet the setback requirement, no precedent would be set with. this request. His letter also states that reasonable alternatives should be considered, and any setback variance from the lake should be the absolute minimum. The letter also points out that .the DNR did not establish the OHWM (from which minimum lot sizes and structure setbacks are measured) until well into the preliminary platting process. (Letter on file in the City Clerk's office.) Mayor Zaun stated he was concerned about the date in which the DNR changed the OHWM in relation. to preliminary and final platting of Kenwood Oaks, as that date has not been clearly • identified. Without that date, he explained, he would not be in a position to grant approval of the variance. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 4 Councilmember Harvey stated he feels the need for a variance was not created by an environmental hardship and could .have been prevented by the developer if proper adjustments had .been made .prior to final plat approval. Councilmember Mulvihill stated she also feels the need .for a variance was created during the platting process. The Ordinary High Water Mark has been established for a purpose, she explained, and the City should. not continually grant exceptions. Councilmember Ruhmann spoke in favor of the variance and stated he felt the revised plan appears to be consistent with recommendations made by the DNR and the City's planning consultant. 90.269 Motion was made by Harvey, seconded by Ruhmann to grant a building setback variance from the ordinary high water mark of Lee Lake. to allow the construction of a new single family residential dwelling on Lot 6, Block 1, Kenwood Oaks. Roll call was taken on the motion. Ayes, Ruhmann. Nays,. Harvey, Zaun, Mulvihill. • 90.270 Motion was made by Harvey, seconded by Mulvihill to direct the City Attorney to prepare findings of fact and decision reflecting denial of the building setback variance for consideration at the next regular Council meeting. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. ITEHI 9 Alan Brixius presented the request from W. W. Klus Realty, Inc. for an amendment to the McStop Planned Unit Development comprehensive sign plan to allow the installation of a 25 foot tall, 144 square foot area freestanding reader board sign in front of the McStop Convenience Center. He .explained that the 70 foot McDonald's/McStop area identification sign has done little to identify or promote the shopping center, as was originally intended and specially approved as part of the area PUD. He went on to explain that Mr. Klus received approval from the City Council in 1989 to erect two illuminated freestanding monument type signs with a maximum size of 50 square feet, which were to be located at the County Road 70 entrances of the PUD. However, the applicant was unable to secure easements from the property owners for • the placement of these signs. Therefore, Mr. Klus is now CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 5 • attempting to provide signage to the shopping center solely on his own site. Mr. Brixius explained that the Planning Commission, following a public hearing, recommended denial of the sign plan amendment. The Commission was concerned about the size, appearance and location of the .proposed signs and felt that other possibilities for signage should be explored. The Commission felt that the proposed signs, alone, would not alleviate existing shopping center identification problems and could establish an undesirable signage precedent for other properties in the PUD. In closing, Mr. Brixius stated that the City may find it necessary to reevaluate. the effectiveness of the entire McStop PUD signage plan in an effort to address future signage concerns. The applicant, Mr. Wally Klus, explained that the 70 Kenrick Association supports the proposal and believes additional signage is essential to the financial .success of the tenants in the retail center, He pointed out that truck traffic limits visibility of the center from Interstate 35. • 90.271 Motion was made by Harvey, seconded by Mulvihill to acknowledge receipt of a letter dated October 15, 1990, from. Timothy J. Oliver, Secretary of 70 Kenrick Association, Inc., in support of the proposed signage. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. Councilmember Harvey stated he felt reluctant to approve pylon type signs, and felt that the previously approved monument type signs would help solve identification problems for the Center. Councilmember Mulvihill stated she did not feel the requested signage would provide the total answer to the Center's identification problem.. She felt that the entire sign plan for the P.U.D. should be evaluated, and suggested the new Community & Economic Development Director (Mr. Sobota) assist the applicant on this issue.. Councilmember Ruhmann suggested the Council table the matter until Mr, Sobota and his staff can meet with the applicant to examine possible signage alternatives. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 6 s Mr. Erickson suggested the City become pro-active in helping the Retail Center achieve the necessary easements for placement of the previously approved monument signs. He cautioned the consideration of pylon signs to prevent the setting of precedents for other properties in the PUD. Mayor Zaun agreed that the City should become the facilitator in the resolution of this matter. 90.272 Motion was made by Harvey, seconded by Ruhmann to table consideration of an amendment to the comprehensive sign plan for .the McStop Convenience Center until the November 19th City Council meeting. Roll call. was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 10 Mr. Erickson presented a letter from MJC Development Corporation requesting the termination of their option agreement with the City for the 80 acre parcel of land at 210th StreetjCo. Rd. 70. City staff recommends the Council consider refunding $5,000 of the original $10,000 option money, recognizing the City can market the property six. months earlier than the current option agreement allows. By retaining $5,000, the City would off-set the $4,309.20 out of pocket consultant expenses incurred as a result of the amphitheater development proposal. Mr. Erickson pointed out that MJC Development played an important role in obtaining MnDOT approval to fund, and establish a specific schedule for the reconstruction of, the County Road 70 bridge. Councilmembers agreed that a portion of the option money should be refunded, but questioned whether the amount suggested by staff is appropriate, given the tremendous amount of staff time spent on this issue beyond out of pocket expenses. Mayor Zaun stated he felt the termination of the option. agreement would free up the property to those individuals who. indicated an interest in the property at the time the option was approved with MJC. Mr. Erickson pointed out that the expenses incurred by the City included not only planning costs but out of pocket legal costs for preparation of the option agreement.. He also pointed out that, in his opinion, the sooner this matter is resolved, the easier it will be to market the property. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 7 90.273 Motion was made by Ruhmann, seconded by Mulvihill to instruct the City Attorney to prepare a quit claim deed transferring the 80 acre parcel of land at 210th Street/County Road 70 and I-35 from MJC Development Corporation to the City of Lakeville and grant a $5,000 refund of the option money to MJC Development.. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. HERSHEY AVENUE GROUP HOME David Licht explained that the Minnesota Department of Human Services is proposing to construct a six bedroom group care facility at the corner of 207th Street and Hershey Avenue in Lakeville. Providing some background, Mr. Licht explained that the Department made a decision years ago to de-institutionalize the developmentally disabled and place such group homes in established, suburban neighborhoods. The legislature, he continued, had determined that residential care facilities of six occupants or less are. automatically allowed in single family developments and do not require City approval. Mr. Erickson explained that the residents and staff have been unsuccessful in meeting with State officials to come up with a situation that would be of mutual interest to all parties involved. The staff feels another site, possibly a tax forfeit parcel, would be more .appropriate for building, more conducive to its residents and less expensive than the Hershey Avenue site that was purchased by the State. The staff feels that even though the State has the right to circumvent the City's zoning authority, a cooperative meeting between the neighborhood and City officials would build respect between all parties. Councilmember Ruhmann suggested a possible land trade could be negotiated with the State in an effort to find a more appropriate location in the City. Councilmember Mulvihill suggested Representative Bill Macklin act as the liaison in setting up a meeting between State officials, residents and City staff. Mr. Macklin was present and stated he would pursue the matter. UNFINISHED BIISINESS Mr. Frank was not in attendance to discuss his previous inquiry regarding a kennel license. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 1990 PAGE 8 NEW BIISINSSS None. ANNOUNCEMENTS Next Regular Council Meeting., November 5, 1990 Budget Work Sessions, October 22nd and 29th and November. 14th. Mayor Zaun adjourned the meeting at 9:3? p.m. Respectfully submitted, Charlene Friedges, C y Clerk Du ne Zaun, M r i