HomeMy WebLinkAbout07-02-90 CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
The meeting was called to order by Mayor Zaun at 7:00 p.m.
The pledge of allegiance to the flag was given.
Roll 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; D. Feller, Finance
Director; S. Michaud, Parks & Recreation Director; D.
Gudmundson, Chief of Police; D. Morey, Assistant Community
Development Director; K. Raun, ALF Ambulance Director; C.
Friedges, City Clerk.
MINUTES
The minutes of the June 18, 1990, City Council meeting were
approved as printed.
STAFF ANNOUNCEMENTS
Attorney: Roger Knutson asked. the Council to consider
adoption of an interim ordinance temporarily prohibiting
issuance of land use approvals far waste disposal facilities,
• and a resolution directing the City's consulting .planner to
prepare a study of appropriate zoning controls for waste
disposal facilities. The Council added this item to the
.agenda under Item 14, New Business.
Engineer: None.
Administrator: None.
PRESENTATIONS/INTRODIICTIONS
Elizabeth Halbach, Executive Director for the Chamber of
Commerce, introduced the 1990 Pan-O-Frog Chair, Joan
Sjoquist, who expressed appreciation on behalf of Pan-O-Frog
for the City's contributions to .this annual community
celebration. Ms. Halbach also introduced Miss Lakeville
1990, Christine Brown.
Mayor Zaun,. accompanied by Chief of Police Don Gudmundson and
ALF Ambulance Director Kevin Raun, presented commendations to
three. adults for. their life saving actions in a near drowning
incident that occurred on June 10, 1990, at the Queen .Anne
Mobile Home Park. A Somerset, England, .man was spotted lying
at the bottom of the swimming pool by five. year old Rebecca
Alston. She notified Nancy Cate, Roderick Cate and Beverly
Rolfes who pulled the man out of the pool and began CPR.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 2
Certificates were presented to the three. adults, and Miss
Alston received a t-shirt.
Mayor Zaun presented service awards to David DeBuhr and David
Frost,. former Natural Resources Committee members.
Councilmember Pat Harvey expressed gratitude and recognition
to the Lakeville Lions Club for their continued generosity to
the City of Lakeville, i.e., funding assistance for the
Senior DARTS bus. Mr. Harvey, on behalf of the Lions Club,
presented the mayor and council members with a Lakeville
Lions lapel pin.
CITIZEN COMMENTS
• Joyce Hansen, 18030 Kenwood Trail, stated she heard a rumor
that the Citizens ..Comments portion of the. agenda is going to
be moved to the end of the meeting, and the Council stated
that rumor is false. Councilmembers explained that the
purpose of Citizens Comments is to give the residents an
opportunity to inform the Council of an .issue that they are
not currently aware of, and further explained that an issue
which requires discussion or a lengthy presentation should be
• placed on the agenda prior to the meeting as a regular item.
Larry Lulf, Parks & Recreation Advisory .Committee member, and
Olympic Torch Run participant, expressed his appreciation to
the Lakeville. Parks & Recreation, Police and .Public Works
Departments and the many local volunteers who helped make the
Olympic Torch Run a successful event for Lakeville.
CONSENT AGENDA
Councilmember Sindt asked that Item 7a, approval of the
claims for payment, be removed from the consent agenda.
90.190 Motion was made by Harvey, seconded by Sindt to approve the
modified consent agenda and items as follows:
a. (Removed from Consent Agenda.)
b. Receive minutes of June 21st Planning Commission,. June
19th Natural .Resources Committee, June .20th Parks &
Recreation Committee and June 12th Cable TV Board
meetings..
c. Final acceptance of utilities in .Lynwood North 5th
Addition.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 3
d. Receive bids on Improvement Project 89-13, Griffon and
Grove Trails, and approve Resolution No. 90-73 awarding a
contract to F.F. Jedlicki, Inc.
e. Approve Settlement Agreement with David C. Carroll,
Orchard Meadows, (185th Street easement condemnation),
Improvement Project 87-14.
f. Approve a temporary non-intoxicating malt liquor license
for All Saints Catholic Church.
g. Approve Change .Orders No. 33 (revised) .and 56 for City
Hall.
h. Authorize temporary "No Parking" on the south side of
Upper 167th: Street from. Cedar Avenue west to .the Upper
167th Street cul-de-sac on July 7th from 9:00 a.m. to
6:00 p.m.
i. Adopt Ordinance No. 419 amending :Title 7 of the Lakeville
City Code concerning public ways and property (golfing in
City parks.)
Ro]1 call .was .taken on the motion. Ayes, Zaun, Sindt,
• Mulvihill, Harvey, Ruhmann.
90.191 Motion was made by Sindt, seconded by Harvey to approve the
claims for payment, with the exception of Check No. 102473,
and direct staff to provide further clarification- on the
reimbursement to Douglas Nelson (EMS Conference) in the
amount of $236.94.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
ITEM 8
Mayor Zaun opened the public hearing on .the proposed
assessment of delinquent water and sewer charges. The City
Clerk attested to proper publication of the legal notice.
Dennis Feller, Finance Director, explained that the total
uncollected amount of delinquent water, sewer and/or street
lighting. charges will be certified to the County Auditor .for
collection with other taxes. The purpose of this
certification is to protect the City's assets, i.e., .accounts
receivables. The amount .shall bear interest at the rate of
12~ per annum plus a $25 service charge. from the date the
assessment is adopted. Mr. Feller explained that .the City
has encouraged customers with delinquent accounts to .make
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 4
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payments prior to certification by sending monthly utility
bills and personal letters. As a result of these efforts,
only 82 out of the original 250 delinquent accounts will be
certified.
90.192 Motion was made by Harvey, seconded by Mulvihill to close the
public hearing.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun, Sindt.
90.193 Motion was made by Sindt, seconded by Mulvihill to approve
Resolution No. 90-74 certifying unpaid water, sewer and
street lighting charges to the County Auditor to be collected
with other taxes on said property, with a correction on Page
2, Paragraph #2 to read, "...interest at .the rate of twelve
percent (12$) per annum...".
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
ITEM 9
Daryl Morey presented the request to vacate Hilltop Lane,
located east of Judicial Road and north of 175th Street,.
which is being processed in conjunction with the building
setback variance for Kenneth Jensen (agenda item #10). Mr.
Morey explained that the Jensen house, located west of
Orchard Lake and south of Hilltop Lane, was recently damaged
by fire.. The present 680 square foot house is set back 39.5
feet from the ordinary .high water mark (OHWM) of Orchard Lake
and 23.1 feet from Hilltop Lane. A 75 foot building setback
from the OHWM of Orchard Lake and a 30 foot building setback
from Hilltop Lane is required by ordinance in the Shoreland
Overlay District.
Mr. Morey went on to explain that the Jensens would Like to
reconstruct a larger house over the original .house
foundation.. The reconstructed house ..would be 1,560 square.
.feet in size and would. maintain the same 39.5 foot setback
from the OHWM of Orchard Lake; however, the .building setback
from Hilltop Lane would be only 7.77 feet. The City .staff
suggested that Hilltop Lane be vacated to eliminate the need
for a building setback variance from Hilltop Lane.
Mr. Morey explained that Hilltop Lane was platted as a 30
foot wide street right-of-way within the Lyndale Lakes Club
1st Addition in 1926, but in reality exists as a narrow,
gravel,. shared driveway which provides access to only two
• properties on the north side. When Hilltop Lane is vacated,
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 5
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the property will revert to private ownership with half of
Hilltop Lane going to the property owners to the north,
(Charles & Patricia Nurnberg and. Richard & Joanne Milan), and
half going to the property owner to the south (Kenneth &
Arlene Jensen). These three abutting Hilltop Lane property
owners would have to enter into a driveway access easement
agreement to ensure continued use of the driveway by the
three property owners.
Mr. Morey .stated that the Planning Commission unanimously
recommended approval of the street vacation request following
a public hearing. The staff also recommends approval of the
street vacation, subject to the City maintaining a public
utility .and .drainage easement over the property and subject
to the execution of a driveway access easement agreement
between the three abutting property owners.
Councilmember Harvey asked if the easement agreement is
worded in such a manner to prevent the creation of a land
locked parcel; and Mr. Knutson stated that the agreement,
which will be recorded with the property,. fully addresses
that issue.
90.194 Motion was made by Harvey, seconded by Sindt to approve
• Resolution No. 90-75 vacating Hilltop Lane, located in the
Lyndale Lakes Club 1st Addition, subject to the execution. of
an easement agreement, that is acceptable to the City
Attorney, by the Jensens, Milans and Nurnbergs.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
ITEM. 10
Daryl Morey presented the request of Kenneth Jensen for a
building setback variance from the ordinary high water mark
(OH W M) of Orchard Lake. He explained that Mr. Jensen's
original request for a setback variance from Hilltop Lane is
no longer necessary with the vacation of that street, since
the proposed location of the reconstructed house .would. meet
the building setback requirement from the new non-street
right-of-way property line. Mr. Morey stated that he
Natural Resources Committee recommended. approval of the
Shoreland Impact Plan submitted in conjunction with the
variance request. The Planning Commission and staff
recommend approval subject to the five stipulations listed in
the draft variance permit.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 6
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Mr. Bob Peterson spoke on behalf. of the applicant, and.
indicated that the existing foundation would be utilized for
the reconstruction of the house. The interior of the house
had been demolished almost entirely by fire.
Mr. Jensen explained that. fire insurance will only cover
rehabilitation of a structure back to its original condition;
and if a property owner .wishes to make changes to the
structure in an effort to bring it up to .current energy and
building code standards, (from a non-conforming status to
conforming), the property owner must add personal, out of
pocket, funds to achieve that goal.
Mr. Erickson stated that the.. staff is working with the State
Insurance Commissioner to gain a better understanding of
these rules, and to assure .that the fire insurance companies
are not working .against property owners and the community in
regard to rehabilitation of fire damaged homes.
90.195 Motion was made by Sindt, seconded by Ruhmann to receive the
Planning Commission's findings of fact and approve a building
setback variance from the Ordinary High Water Mark of Orchard
Lake to allow the construction of a new single family
residential dwelling to be located at 17444 Judicial Road.
Roll call was taken on the motion. Ayes, Zaun, Sindt,
Mulvihill, Harvey, Ruhmann.
ITEM 11
Daryl Morey presented the request of .Ann. Proudfoot for a
conditional use permit to operate a dance .studio in the
Southfork III shopping center. The studio would consist of
two classrooms for the purpose of teaching jazz, tap and
ballet classes to children four years of age through adult.
Classes will be limited to 12 participants per classroom, and
the hours of operation will be from 4:30 to 8:30 p.m. Ms.
Proudfoot. currently operates a dance studio on Cedar Avenue,
which is inadequate in size, and. wishes to .relocate her
business to Southfork. Mr. Morey stated that the zoning
ordinance allows this type of use by conditional use permit
in the B-4 zoning district.
Mr. Morey indicated. that the consulting planner :has reviewed.
the site plan and found it to be in conformance with all.
ordinance requirements. The Planning Commission held a
public hearing on this request and unanimously recommended
approval, subject to three stipulations as outlined in the
draft conditional use permit.
CITY OF LAKEVILLE COUNCIL MEETING.
JULY 2, 1990
PAGE 7
90.196 Motion was made b Harve seconded b Mulvihill to
Y Y? Y grant a
conditional use permit to Ann Proudfoot for a dance studio to
be located in the Southfork III shopping center, and receive
the Planning Commission's findings of fact with a correction
on Page 2, Paragraph b). to read, "The height of the proposed
use is compatible with present and future land :uses of the
area."
Roll call was taken on the motion.. Ayes, Sindt, Mulvihill,
Harvey, Ruhmann, Zaun.
ITEM 12
Bob Erickson explained that the Council agreed to issue an
on-sale noni.ntoxicatng malt .liquor, wine and cabaret license
to John M. Eccleston, DBA Juke Box Cafe, at their May 7th
meeting, subject to the owner and staff working out the terms
and conditions involving .the operation of the restaurant and
dance area. As a result of several meetings between the
owner, Police Department, Fire Marshal, Building Official,
and City Attorney, 10 provisions were derived and agreed upon
by all parties. (List of provisions, dated 7/2/90, is on file
in the City Clerk's office.) Mr. Erickson stated that the
applicant has eliminated the use of the north bay (Southfork
shopping center) due to current parking deficiencies.
Additional parking can be achieved by a total restriping of
the parking lot.
Councilmembers discussed provision No. 8, which .states.. that
if there is live music. or a disc jockey playing recorded
music, dancing is prohibited unless at least twa (2)
uniformed off-duty police officers are present. It was the
consensus. of the Council that this provision would not cause..
enforcement difficulties, since the management assumes the
responsibility for seeing that dances do not take place
unless the off-duty police officers are present. It is in
the management's best interest to follow all stipulations as
outlined, .since licenses are renewed by the Council each
year.
90.197 Motion was made by Sindt, seconded by Harvey to .issue on-sale
non-intoxicating malt liquor, wine, cabaret, and mechanical
amusement device licenses for the new Juke Box Cafe in
Southfork Mall, subject to the issuance of a certificate of
occupancy and the 10 stipulations dated 7/2/90.
Roll call was taken on the motion.. Ayes, Mulvihill, Harvey,.
Ruhmann, Zaun, Sindt.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 8
UNFIl~TISHED BIISINESS
Mr. Erickson provided a status update on the: proposed
performing arts/athletic facility, stating that the City has
not been in contact with, or received an application from,
Pace Entertainment, nor has MJC received any information .from
Pace in .regard to an application for an amphitheater in
Lakeville. Mr. Erickson indicated that the Lakeville Police
Department continues to investigate other Pace amphitheater
facilities each week through a confidential process. The
reports to date have indicated that no major traffic, noise
or drug abuse problems have been caused as a result of these
entertainment facilities. One community indicated that tail
gating has become a major problem associated with the
facility, and law enforcement officials are working to
correct that situation.
Ms. Verlie .Hardie, 20958 Holt Avenue, asked if the City is
only investigating Pace facilities, and suggested they
consider looking into other amphitheater facilities. Mr.
Erickson explained that only Pace is being investigated at
this time, and the City will .look into other operations when
and if an application .for an amphitheater is submitted.
i Ms. .Joyce Hansen, 18030 Kenwood Trail, asked the Council to
consider contacting residents who live in a community .that
has an amphitheater to review the facility from a resident's
point of view. Ms. Hansen .stated that she heard a rumor that
the City has been in contact with Pace, and Mr. Erickson
indicated that the rumor was. false, and stated that since MJC
Development has the. land option, (which will expire on April
16, 1991), all discussions with Pace should be directed
through MJC.
Mr. Erickson provided a status update on .the traffic concerns
and signalization request at 175th Street and Trunk Highway
50. He stated that. .City staff members recently met with
MnDOT officials at that intersection and, as a result, MnDOT
has agreed to the following: 1) MnDOT will proceed with a
speed survey on T.H. 50; 2) MnDOT wily evaluate the
intersection at Kenrck Avenue and T.H. 50; and 3j MnDOT will
proceed with taking new traffic counts to see if warrants can
be met. at the intersection of 175th Street and T.H. 50. He
stated that. the City expects- to receive a letter from MnDOT
confirming this within the next 10 days.
Mr. Erickson pointed out that several residents contacted the
MnDOT district office following the June 18th Council
discussion on this .issue, which will ultimately help speed up
the process for .obtaining additional signalization in this
area. Mr. Ron Gerk, 175th Street resident, thanked the
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 9
Council and staff for their continued support on this .issue
and asked the City to consider high volume police patrol of
this area in the interim.
NEW BIISINESS
City Attorney Roger Knutson introduced a proposed interiun
ordinance temporarily prohibiting the issuance of land use
approvals for waste disposal facilities, stating that there
exists a growing concern about these types of facilities,
specifically a medical waste disposal facility proposed for
Airlake Industrial Park. The proposed facility, presented by
Browning-Ferris Industries Medical Waste Systems of
Minnesota, Inc. (BFI) would include a .14,000. square foot
building to be constructed on a five acre site.
Mr. Knutson went on to explain that the intent of this
ordinance is to allow the City time to complete an in-depth
study of appropriate land use controls .for .the regulation of
waste disposal facilities, as Lakeville's current zoning
ordinance does not fully address this issue. Mr. Knutson
also. presented a resolution directing the City's consulting
planner, Northwest Associated Consultants, to prepare a study
on the issue and make recommendations on appropriate official
controls. He stated that these documents do nat. reflect the
City's position on the issue, but rather allows time to
determine whether or not .existing controls in the zoning
ordinance are adequate.
90.198 Motion was made by Harvey, seconded by Mulvihill to approve
Resolution No. 90-76 directing the City's consulting planner
to prepare a study of appropriate zoning controls for waste
disposal facilities, removing the November 15, 1990,
completion date from the resolution.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Sindt, Mulvihill.
90.199 Motion was made by Mulvihill, seconded by Sindt to adopt
Ordinance No. 420, an interim ordinance temporarily
prohibiting issuance of land use approvals for waste disposal
facilities, with .Section 4 to read, "...in effect until the
date of the adoption of the official controls contemplated
hereunder or July 1, .1991, whichever .occurs first."
Roll call was taken on the motion. Ayes, Ruhmann, Zaun,
Sindt, Mulvihill, Harvey.
CITY OF LAKEVILLE COUNCIL MEETING
JULY 2, 1990
PAGE 10
Councilmember Ruhmann requested the Council's permission to
host a Sister Cities meeting at City Hall. After brief
discussion, the. Council gave their support and encouragement.
for the event.
ANNOUNCEMENTS
Next Regular Council Meeting: July 16, 1990.
Mayor Zaun adjourned the meeting at 9x35 p.m.
Respectfully submitted,
Charlene Friedges, City Cle
Du ne Zaun, Ma
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