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HomeMy WebLinkAbout06-18-90 CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 The meeting was called to order by Mayor Zaun at 7:05. 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; J. Robinette, Community Development Director; D. Morey, Assistant Community Development Director; D. Feller, Finance Director; D. Gudmundson, Chief of Police; S. Michaud, Parks & Recreation Director; C. Friedges, City Clerk. 1rIINUTES 90.178 .Motion was made by Sindt, seconded by Harvey to approve the minutes of the June 4, 1990, Council meeting with a correction on Page 7. Paragraph 6 on Page 7 is being. corrected to read, "Councilmember Sindt stated she voted No because she feels the City is placing an undue hardship on mobile home park .residents. The individual residents will not be able to pay the small amount due and could receive a lot .rent increase that will be ongoing." Roll call was taken on the motion. Ayes, Zaun, Si.ndt, Mulvihill, Harvey, Ruhmann. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Bob Erickson pointed out that an error exists under Item 9 of his June 15th .memo to the Council. The reference to a custom grading plan in the Cherry Ridge First Addition plat should be for Lot 16 rather than Lot 15. Mr. Erickson read a letter from Tom & Sue Bertram thanking Daryl Morey, Asst. Community Development Director, for assisting them in obtaining a conditional use permit for their garage. Chief of Police: Don Gudmundson presented the May Police Department Monthly Report. Council.member Ruhmann asked about the increase in citations over May of 1989, and Chief Gudmundson explained that the increase reflects the addition of four patrol officers to the Police Department during the past two years. CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 2 • Parks & 'Recreation Director: Steve Michaud presented the May Parks & Recreation Department Monthly Report. Councilmember Sindt asked about the status of the Valley Park area identification signs, and Steve explained. that the Valley Parke Homeowners Assn. does not want them. The cement monument inserts will be retained by the City, and, the brick bases will be removed and destroyed. PRESENTATIONS/INTRODIICTIONS Chief Gudmundson .introduced Ms. Jennifer Hinman, permanent part-time receptionist/clerk for the Police Department. Mayor Zaun presented a plaque from the Minnesota Women in City Government to Councilmember Sindt for her outstanding contribution to that organization, including her recent term as president. CITIZEN COMMENTS Mr. Dick Townsend, a Clay's .Acres resident, expressed his concern. over the illegal use of drugs in the community, • referencing known crack houses in the Queen Ann mobile home. parka Councilmember Harvey asked Mr. Townsend to share whatever information he has with the Chief of Police. Mr. Ron Gerk, 178th Street, expressed his concern over .the dangerous traffic situation that exists at the intersection of 175th Street and T.H. 50. He requested the Council notify state senators and representatives. to put pressure on the Minnesota Department of Transportation to install a signal at that intersection.. He also suggested the City. consider lowering the speed limit for westbound traffic on T.H. 50 near that intersection. Keith Nelson explained that the primary purpose of MnDOT is to move traffic, and MnDOT is only willing to slow down this movement, using signs, lights, etc., under certain warrants. He explained that a traffic study at this location was prepared at the expense of the Kindercare developer last summer, and the study determined that the intersection, at present, does not meet the state's warrants for a traffic signal. He added that with the reopening of the grocery stare and the recent construction of Southfork Village Apartments Phase III, which generates more traffic in the area, the City may ask the traffic consultant to update this study. CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 3 Mr. Erickson explained that Mn/DOT has jurisdiction over speed limits on all city streets, and cautioned residents not to make the assumption that the State will lower speed limits upon the City's request He urged Mr. Gerk and any other concerned residents to contact Ms. Mary LaPlante at the Mn/DOT District 9 office to help the City by expressing community support to improve this dangerous intersection. Mayor Zaun stated that. the City will be in touch with State senators and legislators on this issue. CONSENT AGENDA Mr. Rick Ringeisen, 20085 .Italy Avenue, requested the Council remove Item 7c, authorize TKDA to perform a preliminary study for the restoration of the former boat launch area at Antlers Park, from the consent agenda for further discussion. Councilmembers added Item 15, resolution vacating a portion of Pocahontas Avenue located in Leni.han's Lots Antlers Park, and Item 17, appointment of Gary Anderson to the Cable TV Board, to the Consent Agenda. 90.179 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, June 7th Natural Resources Committee, June 5th Parks & Recreation Committee, June 6th c. (Removed from Consent Agenda) d. Approve a minor .comprehensive plan amendment for future Chapel Hills 2nd Addition and Highview Heights street and utility extensions. to bring the plats into the Year 2000 Urban Service Area for sanitary sewer. e. Approve a public dance permit and. temporary on-sale non-intoxicating malt liquor license for the Lakeville Jaycees' July 7, 1990 Pan-O-Prog event. f. .Set the date of September 29, 1990, for the fall auction. g. Authorize final .payment to Penner .Development, Inc. in the amount of $1,800.00 for North Park and Foxborough Park shelter buildings. CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 4 h. Authorize TKDA to perform engineering services for 1990 trail dedication fund projects, as .outlined in the Parks & Recreation Director's memo dated June 12, 1990. i. Allow South Forty Archery Club to utilize Ritter Farm Park Archery Range for the 2nd Annual Pan-O-Prog Archery Tournament. j. Approve Resolution No. 90-69 authorizing the temporary closing of downtown streets for Pan-O-Prog events. k. Authorize temporary "no parking" on both sides of 205th Street from Holyoke Avenue to the Lakeville Grove Cemetery and Hol]ins Avenue .from 205th to 206th Streets to allow. shuttle bus service to the July 4th fireworks; and authorize $405 expenditure for buses. 1. Approve dance permit for Lakeville Pan-O-Prog Cruise Dance to be held on July 6, 1990. m. .Grant a 30 day extension of time to Brown & Cris .for completion of Improvement Project 89-4, Upper 164th Street. n. Table consideration of the application of Render Development Company for a building setback .variance from the ordinary. .high water mark of Lee Lake to allow construction of a new single family residential dwelling. o. Approve special assessment abatement on Lot 2, Block 3, Woodridge Estates. 15. Approve Resolution No. 90-72 vacating a portion of Pocahontas Avenue located in Lenihan's Lots, Antlers Park at the request of Karl and Harriet Lutgens. 17. Appoint. Mr. Gary J. Anderson, representing School District No. 194, to the Gable TV Board for a term which will expire on January 1, 1991. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7C Keith Nelson explained that the City received a petition on May 21st from citizens in the 201st Street and Italy Avenue .neighborhood who are .concerned about the unsightly and dangerous condition of the former public boat launch (lagoon) on the north side of Lake Marion in Antlers Park. The staff CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 5 .has viewed the site with representatives from the Minnesota Department of Natural Resources and is recommending the area be utilized to treat storm water before it flows into the lake. He explained that staff feels due to the current low water elevation of Lake Marion, the outlet structure could be reconstructed, and an adjustable skimming device could be installed. Mr. Rick Ringeisen reiterated the neighborhood's concerns as follows: 1) The lagoon presents a safety concern to children given the steep sides, below grade water level and mucky bottom; 2) The area remains a concern to lifeguards as the lagoon's topography places it below the observation level of a normal duty station for lifeguards; 3) The area is an unattractive eye-sore to an otherwise beautiful park; and 4) The lagoon. has become a storm sewer run-off area that becomes stagnant and odorous in summer. Mr. Ken LaBoone, 20072 Italy Avenue, stated he is also concerned about the safety of the lagoon area, but asked the City to consider preserving the natural vegetation and aesthetics of Antlers Park. Councilmembers expressed the importance of TKDA meeting with . the residents during the planning process to obtain input and provide status updates. 90.180 Motion was made by Harvey, seconded by Mulvihill to authorize TKDA to perform a preliminary study for restoration of the former boat launch area at Antlers Park. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 8 Dennis Feller presented a resolution which .would. adopt adjustments to the 1990 budget necessitated by unanticipated expenditures. from the contingency fund, and some miscellaneous adjustments needed to bring the operating budget into conformance with some administrative/policy decisions made during the first quarter of 1990. The most significant adjustment was a reduction in .Local Government Aid (LGA) which resulted from the 1990. legislative budget cutbacks. The reduction amounted to $80,655 and was achieved by City departments making the necessary adjustments as reflected in the resolution. Mr. Feller went on to explain that a more serious problem lies ahead as a result of changes made to the property tax laws by a special session of the.. legislature in 1989. In 1990 and future years, cities are CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 6 only allowed to increase their tax levies by one-half the increase in population. Mr. Feller stated that because of Lakeville's rapid growth rate, the City is very concerned about Lakeville's ability to finance appropriate levels of service in future years. Bob Erickson- presented a series of state and federal mandates which affect cities. These are required .programs that cities must provide with no additional financial assistance from the State of .Minnesota or Federal Government. They fall in the areas of Personnel/Employee .Relations, Public Safety, Environment, Planning/Building, Transportation, General GovernmentJRecord Keeping, Liquor, Revenue Constraints and Miscellaneous. Councilmembers expressed their frustrations with the state legislature on this matter and agreed .that the City must continue to be financially innovative to survive. Mr. Erickson suggested that when the upcoming city. survey is conducted, emphasis be placed on residents prioritizing city. services. 90.180 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-70 adopting the 1990 budget adjustments. • Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 Jim Robinette presented the final plat of Cherry Ridge First Addition, consisting of 69 single family lots east of Highview Avenue and south of 172nd Street. He explained that this item was tabled at the June 4th Council meeting to allow the. developer to provide a tree preservation plan which would show the impact the site grading would have on trees adjacent -to the cul-de-sac known as Hibiscus Avenue. He provided a copy of the grading plan which out,Li.nes the limits of construction and the tree line. He explained that there is 100 feet of trees that are outside the limits of grading and will remain undisturbed. He went on to .explain that .the two to four inch box elder trees are not considered desirable shade trees, although they do provide screening between homes, Mr. Robinette recommended that a custom grading plan for Lot 16, Block 4, be required prior to issuance of a building permit, since there is a distance of only eight feet .from the rear .lot pad to the tree line. The Council concurred that a custom grading plan on Lot 16, Block 4 would be appropriate, CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 7 and suggested custom grading also be accomplished on .Lot 15, Block 4 and Lots 11, 12 and 13 of Block 2. Councilmember Ruhmann expressed his desire to save as many trees in the development as possible, regardless of species. 90.181 Motion was made by Ruhmann, seconded by Mulvihill to amend the development contract for Cherry Ridge First: Addition to include wording on Page 6, Paragraph 11, as follows, "Mass grading is prohibited on Lots 11, 12 and 13, Block 2, and Lots 15 and 16, Block 4. Grading on these. lots may only occur at the time a building permit is issued for the particular lot and must be undertaken to minimize tree loss." Councilmembers and staff suggested that the cul-de-sac (Hibiscus Avenue). could be modified by the developer to provide an increase in lot depths. Mr. Brian Olson, of Argus Development, Inc. explained that Cherry Ridge First was preliminary platted by Hi.ghview Associates, Inc., and Argus .purchased the property after the City. granted preliminary plat approval. He stated his company was not notified of any problems with tree removal. .that were discussed during the preliminary plat process and stated. he did not feel their plans are flexible at this. point in the platting process to accommodate the changes being discussed. He stated. they prefer to site grade the .property as shown on the 5/15/90 grading plan. He stated that he feels the City of Lakeville's development requirements are more stringent than other local communities. Councilmember Mulvihill concurred with that statement, further stating that the City is proud of its stringent requirements .and does not foresee a change. Mayor Zaun explained that the City is trying to satisfy the concerns of the residents in that area, while remaining consistent with other development projects. Roll call was taken on motion No. 181. .Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mr. Erickson suggested the staff assume responsibiaity in the future of notifying a developer who takes on a .plat in mid. stream of any special provisions the City. has required on the plat. Councilmember Harvey .voiced his opinion that such responsibility lies .primarily between the two parties (developers) involved. 90.182 Motion was made by Sindt, seconded by Mulvihill to .approve Resolution No. 90-71 approving the final plat of Cherry Ridge First. Addition. i CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 8 .Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 10 Daryl Morey presented the preliminary plat of 212 single family lots known as Country Pond South, located west of Flagstaff Avenue and south of Dodd Boulevard. The property, which is being developed by Flagstaff Development, Inc., is located adjacent to the Dodd Park subdivision and is zoned R-2, Single Family Residential District. Mr. Morey stated that the Planning Commission opened the public hearing for this preliminary plat at their April 19th meeting. A number of neighboring residents were present and raised questions relating to increased traffic through Dodd Park, increased storm water drainage, the need for and location of parks` and trails associated with the proposed development, and proposed house sizes and costs for Country. Pond South. He went on to explain that a traffic study, dated June 1, 1990, was prepared by Sugar, Roscoe, Fausch, which concludes that the existing street system can support the .Country Pond South plat as proposed, and that the plat will not. have a signa.ficant traffic volume impact on the Dodd Park subdivision. The traffic study does, however, recommend that 173rd Street be extended .east to intersect with Flagstaff Avenue (as opposed to being cul-de-saced) to help .reduce the impact of traffic from the Country Pond South development on the Dodd Park subdivision. Mr. Morey explained that the parks/trails issue has been .addressed by the Parks & Recreation Department and Committee,. and it was determined that existing and proposed. parks within the 3/4 mile service area of the Country Pond South preliminary plat meet neighborhood park system plan .standards. Therefore, the City would require a cash contribution from the developer to meet .the park dedication requirements. The Parks and Recreation Committee and staff are further recommending the installation of an eight .foot wide multi-purpose trail along the west side of Flagstaff Avenue for the entire distance of the preliminary plat, with the cost to be shared 5/8 by the developer and 3/8 by the City. They further recommend the installation of five foot wide sidewalks on both sides of the minor collector street which runs in an east, west direction on the entire length of the plat; and .extension of the existing sidewalk on .the east side of Foliage Avenue to 173rd Street, as requested by Dodd Park residents and recommended by the Planning Commission. CITY OF LAKEVILLE'COUNCIL MEETING JUNE 18, 1990 PAGE 9 centl met with the County Mr. Morey stated that the staff re y y Pond South developer, and an agreement was reached that. the developer would be responsible for the 5/8 .share of the cost for trails on the west side of Flagstaff Avenue along the entire .distance of the plat, including approximately 400 feet along the "exception", which the developer does. not own. When the exception is developed in the .future, the :developer of that property would reimburse Flagstaff Development, Inc... the trail dedication times 'the number of lots .developed in the exception. Mr. Morey ,stated that Flagstaff Development also concurs. with the other advisory committee recommendations as stated above. Mr. Morey stated that storm water drainage, house size and cost concerns raised by the citizens were. addressed at the continuation of the public', hearing on June 7th, and the Planning Commission recommends approval of the preliminary plat. Councilmember Sindt asked about the grading .plan for the first phase, since it surrounds the pond; and the city engineer indicated that a grading plan. will. be submitted with.,. the final plat. Councilmember Harvey pointed. out that. very little-vegetation exists in the first phase of development. Councilmember Harvey stated', that he had some concern about the drainage Swale .and the. length and size of piping that will run underneath the street.. The. city engineer explained that a thorough study on that issue will take place with final .plat review.. Harvey also expressed concern over what.. he feels is a common, frightful citizen complaint in a construction area, that being the .damage that heavy trucks cause on the existing streets. He asked if an attempt could be made, through some type of road blocks, to force heavy trucks to access the construction area .from Flagstaff Avenue and keep them off the residential streets in Dodd Park. Mr. Erickson suggested signs'... could be placed at the entrances which. would state where heavy construction trucks should and should not travel. He also pointed out that the Dodd Park residents were appreciative) when they learned that 173rd Street will be extended .east to Flagstaff Avenue, which will help reduce traffic in Dodd Park. 90.183 Motion was made by Ruhmann,' seconded by Sindt to approve the preliminary plat of Country Pond South, subject to the Planning Commission's recommendations. and the terms agreed upon between the City and 'the developer for construction of the trail adjacent to the exception. CITY -0F LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 10 t Mulvihill Roll call was taken on the motion. Ayes, Sind , , Harvey, Ruhmann, Zaun. ITEM 11 Daryl Morey presented the conditional use permit request of Greg and- Ann Steuart to construct two driveways on their single family residential property located at the intersection of Harwell Court and Harwell Avenue. The Zoning Ordinance allows more than one curb cut on a single family residential lot only through a conditional use permit granted by the City Council. Mr. Morey explained that due to the topography of the lot, the Steuart's garage will have two levels accessible to vehicles, the upper (primary) garage level would have driveway access onto Harwell Court, and the lower garage level would have driveway access onto Harwell Avenue. Mr. Morey explained that the original site survey submitted by the Steuarts had to be revised in relation to the Harwell Avenue driveway,. because the City Inspection Department expressed some concern over .the location_ of the storm sewer drain.. The Steuarts provided a revised survey, and later realized that too .much of the rear yard would be taken up by the driveway at that new location. Another revision has been made, and the final Certificate of Survey (dated June 11, 1990) meets inspection department standards,. as well as zoning ordinance requirements, and has been incorporated into Condition No. 1 of the conditional use permit. 90.184 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of .fact. and approve a conditional use permit for Greg and Ann Steuart to allow a second driveway curb cut access on Lot 8, Block 4, Highview Heights Second Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 Daryl Morey presented a proposed amendment. to the zoning ordinance pertaining to standards for off-street parking, which is being processed by the City in conjunction with the conditional use permit and variance requests of International Chemtex (Agenda item #13) . He explained that. like many businesses in the Airlake Industrial Park, International Chemtex has .plans. to expand their business. Also like many businesses in Airlake, Chemtex sits. on a relatively small (1.1 acre). parcel of property with no available adjacent_ CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 11 busi ess. Man property to purchase for expansion of their n y Airlake businesses, including Chemtex, cannot purchase. vacant adjacent land because it is tied up in the Dallas Development, FSLIC bankruptcy/foreclosure situation. Therefore, these businesses must expand onto their existing property, which ' does not often contain ample area for building and parking lot expansions. If the parking demand is low (number of employees and customers), businesses often seek a reduction in the number of parking spaces provided versus the number of spaces required by ordinance. Mr. Morey explained that the proposed ordinance allows businesses to reduce the number of on-site parking spaces with the following provisoes, 1) the business can adequately demonstrate that peak parking demand will be less than ordinance requirements, but not less than half the ordinance requirements, 2) the property owner can demonstrate an area where the required number of parking spaces can be added if demand exceeds supply, 3} parking occurs only in areas constructed according to ordinance .standards, and 4) the property owner enters .into a development agreement with. the City .guaranteeing the aforementioned items. The Planning Commission recommended approval. on a 5-1 vote. In conclusion, Mr. Morey stated. that the staff recommends approval of this ordinance amendment in an effort to balance the needs of economic development with those of planning and zoning, and give businesses the opportunity to expand when land constraints are high and current parking demands are low. Mayor Zaun stated that when ordinance modifications are c~snsidered, the. City takes into consideration the health, safety .and welfare of the community, particularly. the specific. area. He stated that while safety was his primary concern in this ordinance,. he now feels comfortable that the safety issue has been properly addressed, taking into account the changes that occur in an industrial park and the. accommodations that must often be made. Councilmeinber Ruhmann asked if other companies can. request a variance of this type for reasons other than a hardship situation. Mr. Erickson stated that without this amendment, it would be difficult to prove a hardship. He explained .that. the purpose of the ordinance is to help International ~ Chemtex and at least four other known Airlake businesses that are anxious to expand. He stated that Zimmerman & Reed, Attorneys at Law, have been successful in getting the Dallas Development land out of foreclosure for the Grist Mill property. They plan to CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 12 • meet with representatives of the industrial park in the near future to offer assistance in resolving the foreclosure .situation for Airlake properties and have offered to do so on a contingency fee basis. Mr. Erickson stated that he .feels if businesses are not allowed to expand in Airlake, they may, as a result, chose to seek a new location in another community. Councilmember Harvey raised a concern that the ordinance, as written, appears to indicate that an applicant can come to the City staff. with merely a building permit application and request a parking lot expansion. He also asked .how the "banked" parking area would be reserved for that use. Roger Knutson explained that the ordinance .requires the property owner to enter into a development. contract, which only the City Council can approve, :guaranteeing that additional parking shall. be constructed in accordance with the ordinance if the site parking demand exceeds the actual. on-site parking supply. He further explained that a .development contract is recorded against the property, and any subsequent buyers would be bound to its. restrictions. 90.185. Motion was .made by Ruhmann, seconded by Mulvihill to adopt Ordinance No. 418 amending the zoning ordinance by adding Section 12.4.9, Parking Deferment. Roll call was taken on the motion. Ayes, Harvey (reluctantly), Ruhmann, Zaun, Sndt, Mulvihill. ITEM 13 Daryl Morey presented the request of International Chemtex for a conditional use permit to expand their existing office, manufacturing, warehouse building at the corner of 214th Street and Hemlock Avenue in Airlake Industrial Park. As part of their expansion, .they are requesting approval of a conditional use permit to allow a loading... berth at the side of the building and a parking lot. setback variance. Mr. Morey explained that the existing building. has a loading berth on the Hemlock Avenue side of the property. The original building was constructed prior to the zoning ordinance requiring conditional use permits for loading berths located on the front or side of a corner lot, therefore, a conditional use permit was not required at the time the original loading berth was constructed. Mr. Morey explained that the parking lot setback variance request has been made because Chemtex is unable to provide the required parking spaces on the north side of the building CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 13 and meet the five foot setback from the north property line because of space constraints on the property. They have been unsuccessful in their attempts to purchase additional.. '~i property to the north. He went on to explain that Chemtex is proposing to add nine parking spaces to the existing. 10, which they .feel will be- adequate to meet. employeejcustomer 'I demand. They have also shown on their site plan an additional 14 future parking spaces which would be constructed if parking demand exceeds supply. The company would prefer, however, not to install these 14 spaces at this time, because it would require the .elimination of the existing landscaping. in their .front yard. The Planning Commission. recommended approval subject to 10 conditions as listed in the draft conditional use permit. j Councilmember Ruhmann asked if it would be .more advantageous ~ for Chemtex to postpone expansion until after a settlement is reached on the Dallas Development/FSLIC bankruptcy, foreclosure situation and the. adjacent. land.. is purchased. by II Chemtex. Mr. Jack Matasosky of Appro Development stated the com an 's p y product lines are ex andi_n , and .this P g building/parking. lot expansion would meet their immediate needs; however, Chemtex will continue their attempts in acquiring the adjacent property. Mr. Erickson added that . even. though the bankruptcy, foreclosure matter is in the process of reaching resolution, the matter will not, most likely, be finalized before the end of the current construction season. i Councilmember Sindt asked if the City can require International Chemtex to purchase the adjacent property .when and if it becomes .available. Roger Knutson explained that, I, without the power of eminent domain, the City cannot force the sale or purchase of property .between two .parties. Mr. j Erickson stated that in his opinion, such a requirement would add an additional burden to the company's ability to acquire the property, further stating that all parties involved appear to have an interest in receiving some sort of financial benefit from the transaction.. Referring to the site plan,. Councilmember Mulvihill asked what is meant by future parking. Mr. Matasosky explained that the future parking area has been set aside in the event the. building is sold to a business .that. would .require ' additional. parking. Councilmember Harvey .stated he would choose not to deviate from the current parking requirements, but .sees no alternative at this. time. CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 14 • 90.186 Motion was made b Sindt seconded b Ruhmann to Y Y receive the Planning Commission's findings of fact and approve a conditional use permit for International Chemtex to allow a .loading berth at the side of their building at the corner of 214th. Street and Hemlock Avenue; and approve a variance for parking lot setback at 8287 214th Street, Airlake Industrial Park. Roll call was taken on the- motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 14 Daryl Morey presented the request of Joseph M. Miller for a conditional use permit to move a previously occupied single family residential dwelling onto 30 acres of farm property located on the east side of Cedar Avenue, one-half mile south of Dodd Boulevard. The property is zoned R-A, Single Family-Agricultural Residential District and is located outside the 2010 Minnesota Urban Service Area. Mr. Morey stated that .the house, with a proposed three car .attached .garage, will meet all ordinance setback requirements. Mr. Morey explained that the Planning Commission and staff are recommending the removal of an existing: Naegele billboard on the northwest corner of the Miller property along Cedar Avenue.. He explained that the zoning ordinance. allows only one principal use of the property, the single family home being one use and the billboard serving as a commercial use. The billboard, therefore, must. be removed from the property prior to issuance of a foundation permit for the house. The staff is recommending the applicant submit a $25,A00 letter of credit to ensure completion of several building code requirements as listed in the .May 16, 1990, letter from David Kri.ngs to Mr. Miller. (Letter on file in the City Clerk's office.) Mr. Morey indicated that the Planning Commission recommended approval of the conditional use permit subject to six conditions; however, the staff has added a seventh condition as follows, "The .applicant shall submit a perc test indicating the site can accommodate a private septic system prior to the issuance of a building permit to install the foundation of the house." Mr. Morey stated that .this condition. has already been met by the applicant. Brian Olson,. representing Joe Miller, questioned the sign being considered a principal use of the property; and Roger. Knutson explained. that a billboard is considered a commercial use. CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, .1990 PAGE 15 i 90.187 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's .findings of fact and approve a conditional use permit for Joseph M. Miller to move a previously occupied single family residential dwelling.:- into the City: of .Lakeville,.. subject to the seven conditions as listed in the permit. Roll call was taken on the motion. Ayes, Zaun, Sindt, .Mulvihill, Harvey, Ruhmann. ITEM 16 Roger Knutson provided a .brief background on the application from Second Season Golf Center, Inc. for an on-sale non-intoxicating malt liquor and wine. license. He stated that the Council considered the application of Mr. Terry Schroder in June of 1989 and approved the licenses pending. issuance of an occupancy permit for the Golf Center. .Since that time, the .Lakeville Investigations Department has reported a history of chemical abuse by Mr. Schroder. Glen Nord, attorney for the applicant, stated that the application is now being submitted. by Second Season Golf Centex, Inc. under the name of Ralph Schroder, who is shareholder, secretary and treasurer for the business. The principal manager for .the establishment will. be Mr. Charles Carroll. Mr. Nord went on to explain the background of Mr. Terry Schroder, .his driving offences, and the problems he encountered prior to final completion of the golf dome.. He stated that Mr. Schroder has concurred with the City's requirement that he cannot consume alcoholic beverages on site, and Mr. Carroll has agreed to .assume the responsibility of controlling .the consumption of alcoholic beverages. at the establishment. 90.188 Motion was made by Sndt, seconded by Mulvihill. to extend the meeting beyond the 10:30 adjournment time. Roll .call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. Councilmember Harvey asked if a police investigation was done on Mr. Carroll, and Investigator Dave Delmonico stated that the City normally does not perform .background checks on the manager of a 3.2 establishment, but completes a .full investigation on .the applicant, who serves as the responsible individual for the license.. CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 16 90.189 Motion was made b Harve seco e y y, nd d by Mulvihill. to approve .wine and non-intoxicating malt liquor licenses for Second Season Golf Center, Inc. with the stipulation that it be the responsibility of the on-site manager to .make sure that consumption of non-intoxicating malt liquor and wine are properly .controlled, and a further stipulation that Mr. Terry Schroder not be allowed to consume alcoholic beverages on site. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. UNFIldISHED BIISINESS Mr. Erickson stated that the City has had. no contact with MJC Development or Pace Entertainment with regard to the proposed performing arts/athletic facility. since. the last Council meeting. In reference to citizen concerns that were raised at the June 4th meeting regarding the arrests. and facilities in Houston Texas, Mr. Erickson reported that according to a thorough.. follow-up by the Lakeville Police Chief, the incident in .Houston over Memorial weekend had no relationship. with Pace Entertainment or an amphitheater. The incident, according to Chief Gudmundson's report, was a free rap concert held in a 30 year park in which 50,000. people .'attended. Mr. Erickson also stated that the Chief's report indicates -that the Pace amphitheater in Houston is viewed positively by the residents and law. enforcement officials of that community. Ms. .Judy Dennis, 20525 Juno Court, asked the Council if they had contacted neighboring cities. for -input on proposed amphitheater .facilities in their communities, and suggested the Council. discuss related topics such as the amphitheater. with other city officials. The Council and staff indicated that .information has been assembled from other communities who have received .similar proposals, but reiterated that the Council and staff do not wish to invest many hours of research on this issue until the City. receives. an application from the developer. ANNOIINCEMENTS Next Regular Council Meeting, July. 2, 1990 Camp Courage Wagon Train, :June 19th Olympic Festival in Eagan, July 1st Olympic Torch. Run, July 2nd Fireworks/Shuttle Bus .Service on July 4th City .Hall Dedication, July 8th CITY OF LAKEVILLE COUNCIL MEETING JUNE 18, 1990 PAGE 1? Mayor Zaun adjourned the meeting at 11:05 p.m. Respectfully submitted, Charlene Friedges, City Clerk D ne Zaun, Mayo