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HomeMy WebLinkAbout08-20-90 k ~ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1994 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; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Gudmundson, Chief of Police; S. .Michaud, Parks & Recreation Director; J. Fiennen, Planning Assistant; C. Friedges, City Clerk. 1~iIN(TPES The minutes of the August 6, 1990, Regular Council Meeting and August 14, 1990, Special Council Meeting were approved as printed. STAFF ANNOUNCElKENTS Attorney: None. Engineer: .None. Administrator: Bob Erickson stated that he received a phone call from Mary LaPlant of the Minnesota Department of Transportation, District 9 office, informing him that the City can expect to receive an official response from MnDOT on the Trunk Highway 50/175th Street traffic issue in the next three to four weeks. Chief of Police: Don Gudmundson presented the July Police Department Monthly Report, highlighting the increase in adult arrests. Parks & Recreation Director: Steve Michaud presented the July. Parks & Recreation Department Monthly Report, with the highlights of the. month being Pan-O-frog, the Torch Run and Senior Citizens transportation. PRESENTATIONS/INTRODIICTIONS A. Introduction of Street lighting intern will take place at .the: September 4th Council meeting. B. Chris Oace, .Cable Coordinator, introduced Jim Schiffman, Assistant Producer. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1990 PAGE 2 • C. Steve Knowlton of the South Suburban Off Road Riders presented a $1,000 donation to the Parks & Recreation Department for trail development at Ritter Park. D. Mayor Zaun presented a certificate of appreciation to Planning Assistant, John Hennen and Chamber. of Commerce Executive Director, Elizabeth Halbach, for their coordination of a successful Lakeville Clean Up Day, which was held on April 28, 1990. John Hennen announced that a second Clean-Up Day is being planned for some time in October. CITIZEN COlrIMENTS Ace Raymond, Parks & Recreation Advisory Committee Member, stated that he .will be present on behalf of the Committee to answer any questions the Council may have during the meeting.. CONSENT AGENDA Councilmembers added item 9, resolution approving plans and specifications and authorizing advertisement for bids on Project 90-4; and item 11, setting a Special Council Meeting for August 27th, to the Consent Agenda. 90.216 Motion was made by Harvey, seconded by Sindt to approve the consent agenda as follows. a. Approve claims for payment. b. Receive minutes of advisory committee .meetings: Parks & Recreation Committee, August 1, 1990 Planning Commission,. August. 2, 1990 Natural Resources Committee, August 7, 1990 c. Approve.. public service contract with Naegele Outdoor Advertising Company for city information sign on Interstate Highway 35. d. Approve six month renewal of the building maintenance contract with Polished Brass Cleaning Service at $770 per month. e. Approve change orders No. 03 and 39 for City. Hall. f.' Approve .change in management at the Super 8 Motel as per. Investigator. Delmonico's report dated August 3, 1990. g. Acceptance of improvements and. approval of final payment • for Flagstaff Avenue,. Project 88-19. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1990 PAGE 3 h. Acceptance of improvements and approval of final. payment. for utility improvements, Lake Villa Golf Estates 4th. i. Approve Resolution No. 90-89 calling a special assessment hearing for Project 90-2, Seal Coating. j, Approve Resolution No. 90-90 calling a .special assessment hearing for Project 88-19, Flagstaff Avenue. k. Approve Resolution No. 90-91 calling a special assessment hearing for Project 89-4, Upper 164th Street. 1. Approve Resolution No. 90-92 calling a special assessment hearing for Project 89-7, Kingsley Cove. m. Approve Resolution No. 90-93 authorizing .preparation of a feasibility report for sanitary sewer and watermain along Holyoke Avenue between 210th Street and McGuire Jr. High School. 9. Approve Resolution NO. 90-94 .approving plans and specifications and authorizing advertisement for bids: on 1990 trail.. fund. projects. and 165th Street subdrain correction, Improvement Project 90-4. 11. .Set a Special Council Meeting for Monday, August 27, 1990, at 7:00 p.m. Roll call was taken on Motion 90-216. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 8 Steve Michaud presented the Parks & Recreation Committee's recommendation for the Cherrywood Addition park land development. He explained that the Committee ..conducted a public hearing with many area residents, ..and the .general feeling from that meeting was that no playground development should take place in the park. The residents and committee felt a playground. on that property .would be inappropriate, given the proximity of the playground area to steep slopes. and the existing storm water retention pond. He explained that many. residents expressed the need -for. a playground -in that area, pointing out that Foxborough Park is ..five to six blocks away. The Committee agreed to seek alternative locations for a mini park. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1990 PAGE 4 • Mr. Michaud went on to explain that after further discussion on this issue, the Committee felt since this area was public land, .which could ultimately be earmarked as a park or .conservation area, public access should be provided for the general public. Therefore, the Committee recommended that a four to six foot wide wood chip trail be located through the property and a public -access sign be installed identifying the main access at the east side if the property. Mr. Michaud showed a sketch plan of the park and proposed trail. He explained that the trail would meander around the pond and into the wooded areas, utilizing high ground and avoiding wetlands. He recommended the trail project be constructed by the Tree Trust group, because their work is done by hand, thereby preserving the natural vegetation. 90.217 Motion was made by Sindt, seconded by Mulvihill to accept the Parks & Recreation Committee's recommendation on .the development of Cherrywood Park as outlined by Mr. Michaud. Roll .call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey,. Ruhmann, Zaun. ITEM 10 • Time; 7:45 p.m. Bob Erickson provided a brief background. on the conditional. use permit request of B & S Tire to operate a retail fire service store at the McStop Car Wash site. He stated that the City staff requested an extension of time, on behalf of the applicant, to allow the applicant an opportunity to review the file and obtain a transportation consultant to study traffic circulation on the site. The time extension. was also granted to allow the applicant to submit a revised site plan to show that the proposed business .could work. on the Car Wash site, as the Council felt that the property is being over utilized. The site, Mr. Erickson pointed out, was originally intended for a single use, that being a car/truck wash. Mayor Zaun explained that the City's zoning ordinance outlines conditions that must be met in granting a conditional use permit. Such conditions include, but are not limited. to, intensity of the operation .based on .the .size. of the property,. traffic (stacking of cars} and .parking. He explained that the Council needs.. to establish specific guidelines for a future property owner to follow. He further pointed out that the use is currently in violation of the City's ordinances. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1990 PAGE 5 • Mr. Ron Zamansky, legal counsel for B & S Tire, presented his position that the proposed use is consistent with the area and. surroundings, pointing out that the entire area is used for trucking. He further pointed out that the Planning Commission recommended approval. of the conditional use permit. Mr. Zamansky also presented his position in relation to the business becoming a .member of the McStop Association (Kenrick Association), and stated that B & S Tire is presently not a member of the association and is under no legal .requirement to join. Mr. Zamansky stated the circulation diagram included in his report to the Council confirms that the user (truck drivers) have had no problem. with traffic movements. He also stated that the exterior of the building has been cleaned up, upon the City's _request, and feels that the changing of tires is consistent with the exterior use of the business. He stated that the business is willing to expend $9,000 for additional landscaping, if the City feels additional screening is necessary.. Councilmember Mulvihill stated that in her opinion, the Council's .concerns were not .related to whether the .use is consistent. with .the area. She stated that the matter. was tabled. to allow the :applicant to come back with a revised site plan to show how the operation can work on that site, as the Council felt the site was not large enough for the proposed use. The site plan, she. stated, has not been revised. She further pointed out that the applicant was to engage the services of a qualified transportation consultant to provide a traffic circulation report. That report has not been properly .completed. Councilmember Mulvihill also stated that the Council. had concerns regarding outside servicing, and suggested.. the applicant come up with a plan (building} that could accommodate. inside servicing as well as storage. It was pointed out that the staff. and applicant. discussed the possibility of .constructing a lean-to structure that would be attached to the. south side of the building for the purpose of screening the outside activity. While the staff urged the applicant to prepare a new site plan with the fire changing to occur indoors, staff informed the applicant that a new building could create other problems, and that the new plan still .might not be acceptable. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1990 PAGE 6 • Councilmember Harvey stated that in his opinion,. allowing outside servicing at McStop would accelerate degradation of the area dramatically. He expressed his disappointment in the study prepared by Dahlgren, Shardlow and Uban, Consulting Planners and Landscape Architects, pointing out that the study does not address circulation or parking and carries no credibility, as the information in the report is incomplete and inadequate. Mayor Zaun. explained that a Planned Unit Development is intended to encourage higher standards of site and building design and should create a more desirable environment. Therefore, the City expects higher standards be maintained at the McStop Complex, since. it is within a PUD. Mayor Zaun also explained that the purpose of a conditional use permit is to provide the City with a reasonable degree of discretion in the suitability of land use. He explained .that im approving a conditional use permit, .the Council must consider whether there are conditions that can be imposed that would allow the City to say that the conditions are met, and whether conditions .could be imposed to insure that the use is compatible in the future. He referenced the .areas of performance standards, depreciation of the area and traffic generation as they relate to the B & S Tire proposal. He stated that if these. guarantees cannot be met, the conditional use permit must be denied. Mr. Erickson agreed that the .City is not in a position to require the applicant to become a member of the Kenrick (McStop) Association; however, the City can require the applicant to provide a proportionate share of the on-site maintenance costs, i.e., lighting, erosion control, snow removal, striping .and sweeping. Mr. Erickson also pointed out that with the six lane bridge proposed for County Road 70 in 1994, traffic congestion at McStop is expected to increase. He recommended a traffic study of the entire McStop complex be .prepared by a qualified traffic consultant, and recommended ,the firm of Sugar .Roscoe Fausch. 90.218 Motion was made by Harvey, seconded by Mulvihill to authorize Sugar, Roscoe,. Fausch, Inc. to prepare.: a traffic ...study on the site and authorize the City Attorney to prepare a draft findings of fact for denial of the conditional use permit for B & S Tire, based on tonight's discussion and incorporating the results of the transportation study, if applicable, and further direct the.. staff to forward the findings. at the • earliest possible date. ~ y CITY OF LAKEVILLE COUNCIL MEETING AUGUST 20, 1990 PAGE. 7 Roll: call was taken on the motion. Ayes, Mulvihill, .Harvey, Ruhmann, Zaun, Sindt. Time: 9:40 p.m. UNFIlIISHED BUSINESS None. NEW BUSINESS The Council discussed a suggestion received by a Lakeville citizen that a message be placed on the City's I-35 reader board that Lakeville supports a peaceful resolution of the Middle East crisis .and the safe return of U.S. citizens. 90.219 Motion was made by Harvey, seconded by Sindt to authorize staff to prepare guidelines on the use of the reader board, and prepare a message in .support of a peaceful resolution of the Middle East crisis, to be considered. by the Council at their neat meeting. Roll call was .taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sndt, Mulvihill. ANNOUNCEMENTS : Next Regular Council. Meeting, Tuesday, September 4, 1990. Special Council Meeting, Monday, August 27, .1990. Mayor Zaun adjourned the meeting at 9:45 p.m. Respectfully submitted, Charlene Friedges, ty Clerk Du ne Zaun, May.