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HomeMy WebLinkAbout06-04-90 CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 The meeting was called to order by Mayor Zaun at 7200 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Sindt, Harvey and Mayor Zaun. Absent: Councilmember Mulvihill. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Morey; Assistant Community Development Director; J. Hennen, Planning Assistant; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. 1~IINUTES The minutes of the May 21, 1990, City Council meeting .were. approved as printed. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: None. Parks & Recreation Director: Steve Michaud ,provided an overview of the April .Parks & Recreation. Department monthly report. PRESENTATIONS/INTRODIICTIONS Mayor Zaun presented a plaque to Mr. .James McCurdy in recognition of his service on the Cable TV Board. Keith Nelson introduced two new members of the Engineering Department: Jeff Oliver, Civil Engineer; and Bill Cooper, Engineering Technician III. Don Gudmundson introduced Mr. Dave Zueger of the Lakeville Lions Club, who presented a $4,000. donation to the Police Department for purchase of computer equipment for the Investigation Department. ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 2 Mr. Gudmundson also introduced Mr. Cliff Downey of VFW Post 210, who presented a $4,000 donation to the Lakeville Drug Awareness Resistance Education (D.A.R.E.) Program. He also introduced Officer Steve Strachan, who explained that fifth grade students in Parkview, Christina Huddleston and Crystal. Lake Elementary Schools will participate in this program. CITIZEN COMMENTS Mr. Dick Townsend, Clay's Acres, expressed his opposition to the proposed amphitheater at I-35 and County Road 70. Mr. Steve Hansen, 18030 Kenwood Trail, expressed his opposition to the proposed amphitheater and requested the Council and staff provide an amphitheater update at each regular council meeting. He further requested the Council to immediately halt the proposed project in response to hundreds of petitioners who oppose the proposed amphitheater. Mr. Hansen asked the Council to consider using the land for some type of indoor cultural center or perhaps the recently announced Maxwell-Gorbachev Institute. Councilmember Mulvihill arrived at the meeting; approximately 7:30 p.m. . Council members explained that while they. have respect fora citizen input, a decision on the proposed amphitheater project cannot be made until an actual proposal is received. Mayor Zaun explained that the Council would violate the integrity of the process the City has established. by not allowing an application, regardless of the issue, to be submitted and reviewed. Councilmember Sindt asked Mr. Hansen to provide a list of board members who represent the Citizens Against the Proposed Amphitheater organization. CONSENT AGENDA Councilmembers removed consent agenda item 7c, resolution adopting 1990 budget amendments and item. 7g, feasibility report for Dakota Heights water storage reservoir, Project 90-3. Upon the request of a resident in the audience, (Bill Erickson,. 8450 Upper 206th Street) the Council also removed item 7d, authorize Strgar-Roscoe-Fausch to take a traffic sign inventory, from the consent agenda. Councilmembers added items 16, ordinance amending the City Code pertaining to filling; 17, ordinance amending Title 3 and Title 4 of the City Code pertaining to garbage, rubbish and recyclable material collection; 18, ordinance. amending Title 7 of the City Code pertaining to delinquent. water and sewer accounts.; and 21, appointment of Cable. TV Board members. CITY OF LAKEVILLE COUNCIL MEETING _ JUNE 4, 1990 PAGE 3 • 90.162 Motion was made by Sindt, seconded by Mulvihill to approve the amended Consent Agenda items as follows: a. Approve claims for payment. b. Receive minutes of advisory committee meetings: .Natural Resources Committee, May 15th Parks & Recreation Committee, May 16th Planning Commission, May 17th and 30th c. (Removed from Consent Agenda.) d. (Removed from Consent Agenda.) e. Approve Resolution No. 90-63 requesting future state aid funds for Improvement Project 86-15, 165th Street. and Ipava Avenue. f. Approve change order No. 37 for city hall. g. (Removed from Consent Agenda.) h. Approve Resolution No. 90-64 approving plans and specifications for Improvement Project 89-13, Griffon. and • Grove Trails, and authorizing a June 26th bid opening. i. Appoint Jim Robinette as a .delegate to vote on open memberships from the Group AAA Cities of the Vermillion WMO. j. Authorize staff to submit an application to the State of Minnesota, Department of Natural Resources, for shoreland grant assistance. k. Approve Resolution No. 90-65 establishing fees for printing of engineering documents. 16. Adopt Ordinance No. 414 amending Title 7 of the Lakeville City Code pertaining to filling. 17. Adopt Ordinance No. 415 amending Title 3, Chapter 8, of the Lakeville City Code concerning garbage, rubbish and recyclable material collectors; and adopt Ordinance No. 416 .amending Title 4, Chapter 2, of the Lakeville City Code concerning garbage, rubbish and recyclable materials. 18. Adopt Ordinance No. 417 amending Title 7, .Chapter 5, of the Lakeville Gity Code pertaining to delinquent .water. • and sewer accounts. ' CITY OF LAKEVILLE COUNCIL MEETING _ JUNE 4, 1990 PAGE 4 21. Appoint Mr. Dale Guggemos, School District 192 representative, to the Cable TV Board for a term which will. expire on January 1, 1991; and appoint Ms. Robin Selvig to the Cable TV Board for a term which will expire on January 1, 1992. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Si.ndt, Mulvihill, Harvey. ITEM 7C Bob Erickson suggested the resolution adopting 1990 budget adjustments be removed from the Consent Agenda to allow Mr. .Feller and himself the opportunity to elaborate on the local government aid cutbacks and state mandates which have required additional expenditures and/or loss of revenue in 1991. The Council agreed to have this presentation done at the end of the meeting, if time permits. ITEM 7D Mr. Bill Erickson asked why the pedestrian. crossing signs on Holyoke Avenue at 208th Street were removed. The staff and Council explained that the crosswalk was installed on an • interim basis in lieu of traffic lights at Holyoke and 207th. Mr. Dan Pellinen, representing the Downtown Business Association, stated he recently met with the residents of Winsor Plaza, and the Association is requesting, on their behalf, that the 208th Street crosswalk be repainted and signed. Mr. Erickson explained that the construction of Winsor Plaza warranted the need for a traffic signal in .the downtown area,. and its intent was to provide a gap i.n traffic flow for the 208th Street crossing. He further stated that since Holyoke is a State Trunk Highway, Mn-DOT would have to provide the City with authorization for establishment of a crosswalk and advanced signage. 90.163 Motion was made by Harvey, seconded by Sindt to authorize Strgar-Roscoe-Fausch, Inc. to prepare a traffic sign inventory. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ' CITY OF LAKEVILLE COUNCIL MEETING _ JUNE 4, 1990 PAGE 5 ITEM 7G Councilmember Harvey asked why this feasibility report is being received now when Donohue & Associates was authorized to prepare the study in 1988. Keith Nelson explained that when- he joined the City staff in 1988, several water studies were being done, with some confusion resulting from discussions on future water treatment.. As a result, he put the Donohue report on hold. He explained that after a bill was received from Donohue for the portion of the study they had already completed, he asked the firm to complete and submit the report. He went on to explain that staff is recommending OSM evaluate the preliminary engineering Donohue used for preparing this report and explore alternatives. to elevated storage, as they feel ground storage. with high service .pumping should be considered rather than elevated storage as recommended by Donohue. 90.164 Motion was made by Harvey, seconded by Mulvihill to receive the feasibility report from Donohue & Associates for Dakota Heights water storage reservoir, Improvement Project 90-3; and authorize.. OSM to explore ground storage.. reservoir alternatives. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 8 Mayor. Zaun opened the public .hearing on Improvement Project 90-2, seal coating portions of Districts 2, 4, 5 and 6. The City Clerk attested to proper publication and .mailing of legal notices. Keith Nelson presented. the proposed project, which is a part of the seal coating program established by the City Council in January of 1986. He explained that the City has. been divided into seven sealcoating districts, and all city streets are proposed to be seal coated approximately once every seven years. The seven districts are: 1) Valley Park area; 2) Dakota Heights area; 3) Orchard Lake area; 4) Southwest Lakeville; 5) Lake Marion area; 6) Downtown area; 7) Airlake Industrial Park area. Mr, Nelson explained that sealcoating is a preventative maintenance measure used to extend the life of bituminous pavement. The application of aggregate and oil will help seal out moisture, reduce abrasion of the existing surface and help prevent .older pavement from.. drying out and prematurely deteriorating. The chip sealing also adds abrasion or skid resistance to the pavement, making it .safer to drive on. ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 6 Mr. Nelson indicated that- District 5 was originally scheduled for 1990 sealcoating, District 6 for 1991 and District 4 for 1992, Due to the limited number and age of streets .proposed for seal coating in Districts 4 and 6 however, those. districts were included for 1990. Due to the construction of the City's downtown storm sewer, portions of District 6 have been eliminated. Kenrick Avenue was. previously skipped over in District 2 sealcoati.ng in 1988 due to its construction within the previous. three years.. Due to present conditions of this street, Kenrick is proposed to be seal coated this year. He further indicated that while some of the streets in Clay's Acres were constructed less than seven years ago, they are more than three years old and should be seal .coated this year. Mr. Nelson provided a project cost summary, stating that 50% of the $159,600 project is being assessed to the adjacent property on a unit parcel basis, with .the other 50% being financed by the City. With a unit parcel being a typically sized and platted single family residential. lot, a twin home would be assessed. ..one-half unit and multiple dwellings. of three or more attached units would be assessed one-fourth unit per dwelling or apartment. Mobile home parks would be assessed one-fourth unit for each dwelling in the park. Commercial -and industrial property, which is developed, will be assessed at one and one-half times the residential rate.. Undeveloped commercial property would be assessed one unit for each 85 feet of frontage at the residential unit rate. The proposed.-unit parcel rate for .this project is $71.00. per residential unit and $106.50 per .commercial unit. Mr. Nelson also .stated that sealcoating on a joint program with neighboring cities offers a larger program, resulting in slightly lower unit costs. Mr. Nelson provided a proposed project schedule, with construction expected to be completed in August and the assessment hearing in September of 1990. Mr. Feller explained that property .owners have 30 days from the date the assessment roll is adopted to pay their assessment, without interest. Those who chose not to pay in advance will be assessed for two years at an interest rate of 9%, with the first payment due with 1991 real estate taxes. Councilmember Sindt questioned why mobile home parks are not assessed.. in the same manner as commercial.. property, and Mr. Nelson explained that the City's policy is to assess property based on its use, rather than its zoning classification. He explained that while the .mobile home parks are located in a commercial. zone, they are used for residential purposes, and each home is assessed in the same manner as apartment units. ' CITY OF LAKEVILLE COUNCIL MEETING _ JUNE. 4, 1990 PAGE 7 Councilmember Ruhmann stated that he understands the intent was to seal coat one district per .year and asked if breaking these districts apart would .put the system. off schedule in future years. Mr. .Nelson .explained that in southwest Lakeville, for example, where only two streets exist that require seal coating, they are combined with other districts to .make the program more cost efficient. There may, as a result, be no sealcoating in 1991. The streets in the downtown area that are scheduled to be reconstructed during storm sewer construction are not proposed to be seal coated in 1990. They will, however, be included when that district is seal coated seven years from now. .90.165 Motion was made by Harvey, seconded by Ruhmann to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 90.166 Motion was made by Harvey, seconded by Ruhmann to approve. Resolution No. 90-66 ordering public improvement .Project 90-2 and preparation of plans and specifications-.for seal coating .portions of Districts 2, 3, 5 and 6. Roll call was taken on .the motion.. Ayes, Harvey, Ruhmann, Zaun, Mulvihill.. Nays, Sindt. 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. ITEM 9 Mr. Curt Gutoske of Northwest Associated Consultants presented the request of Render Development for a variance from the 75 foot building setback requirement from the ordinary high water mark (OH W M) of Lee Lake to allow construction of a single family residential dwelling on Lot 6, Block 5, Kenwood Oaks subdivision. He stated that the applicant feels the variance request was created and a hardship exists due. to the Department of Natural Resources establishing the OHWM of Lee Lake at an elevation of 948.5, which is higher than what was assumed by the developer (947.6) during the platting process of Kenwood Oaks. This resulted in a reduction in the depth of the lot. He explained that the applicant has added a four foot. high retaining wall.. along the 948.5 contour in order to improve the buildability of the lot and minimize potential impacts upon Lee Lake. In closing he stated. that the matter comes down to a policy. decision to be made by the City Council on whether or not there is an undue hardship associated with this variance request. ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 8 Mr. Erickson stated that the OHW M of Lee Lake was not established between the time of preliminary and final platting, with only unofficial information available from .the Department of Natural Resources. The developer's engineer made the assumption that the lot could be built upon without a variance. Mr. Erickson further stated that the discrepancy came into play when the City staff recommended approval of the final plat without taking a closer look at the lot configurations. Councilmember Ruhmann .asked when the future drainage outlet to Lee Lake is scheduled to be completed, and how this would. impact the OHW M. Staff explained that a feasibility report has been prepared, and when a method of assessment is established,. the project could proceed upon receipt of a permit from the DNR and Mn-DOT. Staff further explained that the DNR will not adjust the OHWM in relation to the lake outlet elevation, reiterating that the need for a variance will exist regardless of the lake level. A comparison was made between this variance request and the variance that was granted on Lots 11 and 12, Block 1, during preliminary plat approval. Staff indicated that the lots previously granted setback variances could not meet the . ordinary high water. mark. A 50 foot setback was granted for Lot 11 (final platted as Lot 2, Block 5), and a 40 foot setback. was granted for Lot 12 (final platted as Lot 1, Block 5). The developer is currently requesting a 50 foot setback on Lot 6, Block 5. Councilmember Harvey stated that in his opinion, this type of variance should not be granted for new construction, because unlike an existing home, the property owner/developer has the. flexibility to move the building pad. It was indicated that the lot has been graded and, if not built upon, must be seeded. Councilmembers referenced the May 10th letter from the Minnesota DNR requesting the City to deny the variance request. Mr. Render explained that he met with Mr. Pat Lynch, Area Hydrologist, and after explaining the background in more detail, Mr. Lynch indicated he had gained a better .understanding of the variance request. Councilmembers asked for a copy of Mr. Lynch's current position in writing. Mayor Zaun asked for an opinion as to how the City would deal with .homes near the lake that may, in the future, be destroyed and the property owner requests to have them re-built since the setback variance runs with the property rather than the structure. Roger Knutson explained that ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 9 technically a similar .house could be built on the lot based on the same variance, .although each lot must be dealt with on its own characteristics. He also stated that consideration must be given not only to the distance from the OHWM in relation to flooding. but also to aesthetics. Mayor Zaun also stated, and Mr. Knutson concurred, that. consideration may also be given to the fact that the City granted final plat approval, and that action could possibly justify variance approval. Mr. Erickson recommended this item be tabled to allow the staff and developer to come up with a different house configuration and re-examine the building pad to determine what portion of the iot could be utilized without a variance. The staff would also clarify whether the DNR has a different opinion on the matter than what is stated in their May 10th letter. Mr. Red Helkenn, 17805 Junelle Path, expressed his opposition to allowing a building to be constructed near the high water mark. Councilmember Ruhmann referenced the May 10th letter .from the Minn. Soil and Water Conservation District (DCSWCD), .which requires that the lowest floor elevation of the structure be set well above the OHWM, and feels that concern should center around aesthetics of the neighborhood. 90.167 Motion was made by Mulvihill, seconded by Harvey to table consideration of the application of .Render Development for a building setback variance from the ordinary high water mark of Lee Lake until the June 18, 1990 council meeting. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 10 Curt Gutoske presented the request of Fred Fredrickson for rezoning of a 7.8 acre parcel in the northwest corner of Holyoke Avenue and County .Road 70 from R-2, Single Family Residential District to Planned Unit Development District. Mr. Fredrickson plans to construct a storage building and convert one of the two existing single family dwellings located on this parcel into an office for his excavating business, which currently exists as a non-conforming .use. Mr. Gutoske explained that as a part of his business expansion, Mr. Fredrickson also plans to upgrade- the property in terms of landscaping, screening and surfacing. The outdoor storage area .will have a gravel surface installed and ' CITY OF LAKEVILLE COUNCIL MEETING. JUNE 4, 1990 PAGE 10 • will be screened from view utilizing a combination of berming, fencing and landscaping. Staff views this as a positive step toward bringing the site into compliance with current ordinance requirements. He explained that according to Dakota County, 150 feet of right-of-way for County Road 70 exists south of the existing right-of-way, therefore, additional right-of-way for County Road 70 .from Mr. Fredrickson will not be required. Councilmember Sindt recommended Paragraph 9B. on Page 2 of the Planned Unit Development Agreement be amended to read, "The Developer shall install and maintain vinyl slats..:'. Mayor Zaun pointed out that signage for the property was not addressed in the PUD Agreement; and Mr. Erickson explained that there have been no proposed changes in signage, and the property owner must comply with applicable Sign Ordinance requirements. for the I-1 District. 90.168 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 413 amending the City's zoning ordinance by rezoning property at 8777 215th Street West from R-2, Single Family Residential District to Planned Unit Development District, receive the Planning Commission's findings of fact dated May 17, 1990, and approve the Planned Unit Development Agreement dated June 4, 1990, with the revision in Paragraph 9B as recommended by Councilmember Sindt. Roll call was taken on the .motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 11 Curt Gutoske presented the request of Earl Gephart for a planned unit development conditional use permit (PUD CUP) to allow a reconfiguration. of several existing single family residential lots located in the southwest corner of 210th Street and Dodd Boulevard. He explained that lot layout irregularities have been corrected, all lots conform to R-2 zona.ng standards, no setback deviations exist (except one septic .field by necessity located on an adjoining lot by easement) and all wells and septic systems have been identified. The request is viewed in a positive manner by staff in that major improvements will be achieved. Staff feels it also avoids possible problems for the property owners. Mayor Zaun pointed out that the Council must consider three requirements the City established in- 1985 for this property, (as listed in planning report dated May 10, 1990, on file in • the City Clerk's office) and decide if they are still applicable or if other measures are appropriate. ' CITY OF LAKEVILLE COUNCIL MEETING _ JUNE 4, 1990 PAGE 11 Councilmember Harvey stated he prefers to see a concept plan for the entire G7 acres to avoid further subdivision violations. Roger Knutson pointed out that the PUD CUP stipulates that the property shall not be further subdivided .until City sewer and water is available and a plat is submitted and approved by the. City. He further stated that the Dakota County Recorder will. not accept a request for .subdivision without City endorsement. Mr. Lorentsen explained that he intends to farm the property and does not wish to develop the land at this time without knowing when sewer and water would be extended to that area. Staff indicated that the property is within the 2010 MUSA boundary, and City sewer and water is located east of Holyoke Avenue. approximately 1 mile from the. property. It was suggested that an overall concept plan that would serve ail in place residents and property be considered when, and if, a platting request is submitted. 90.169 Motion was made by Sindt, seconded by Mulvihill to approve the Planned Unit Development Conditional Use Permit for Earl Gephart to allow the. reconfiguration of lots located in the southwest corner of 210th Street and Dodd Boulevard... Roll call was taken on the motion. Ayes, Sindt, Mulvihill,., Ruhmann, Zaun. Nays, Harvey. Councilmember Harvey stated he voted No because Mr. Lorentsen did not provide assurances that he would adhere to subdivision ordinance requirements in future development of the subject property. ITEM 12 Gurt Gutoske presented the application of Jeff Belzer for a planned unit development conditional use permit (PUD CUP) to allow the expansion of his existing Chevrolet dealership and the establishment of a new Dodge dealership on property located in the southwest corner of T.H. 50 and Cedar Avenue. The property is zoned B-3, Auto Oriented Business District. Mr. Gutoske introduced David Phillips, Architect for Mr. Belzer, who explained that the addition and expansion of the car dealership would more than double the size of the existing Chevrolet operation. His request includes the use of temporary sales offices for both the Chevrolet and Dodge. dealerships during construction and an increase of • approximately 48 square feet of signage from what is allowed CITY OF LAKEVILLE COUNCIL MEETING _ JUNE 4, 1990 PAGE 12 • in a B-3 zone. Mr. Gutoske explained that the PUD process allows for some flexibility in performance standards, and the City Council must determine if the site and operational characteristics warrant the additional signage. Mr. Phillips stated Mr. Belzer has agreed with staff recommendations to bring the signage plan into compliance with B-3 District. standards by reducing the sign area of the existing signs in exchange for additional freestanding signs. Two freestanding signs that currently exist on the site are being reduced in size for consideration of the new G EO sign. The two new freestanding signs would be located on the south 7.6 acre parcel and would be spaced 175 feet apart. He explained that in order to secure the new dealership, they must comply with the franchise and industry standards, which include site signage based on sales volume. He stated that they feel the need for individual freestanding signs to identify the different- franchise product lines. and. used car sales. Mr. Erickson explained that he had asked Mr. Belzer to consider off-setting the two used car signs by moving them back from. Cedar Avenue. to the. interior of the. lot.. He also suggested the new GE0 sign could be placed as a monument sign along Cedar Avenue. Mr. Phillips stated that .while they prefer to keep the used car signs along Cedar Avenue, they would have no difficulty in moving them to the interior of the lot. He also explained that they plan to place the GEO sign along Highway 50 and do not feel a monument type sign would be appropriate,- given the change in grade between_ the highway and the lower site elevation. Mr. Phillips indicated that they have agreed to provide additional landscaping along the western property line to screen the unpaved, undeveloped portion of the. property, upon which they anticipate a future third franchise would be located. They have adjusted the site design to accommodate a 50 foot right-of-way along Highway 50 to allow for future upgrading of that collector street, and have agreed to construct a screened in area for storage of damaged customer cars to comply with body shop standards. Councilmember Sindt asked what. type of lighting will be used,. and Mr. Phillips explained .that they plan to submit a detailed lighting plan that .contains new, poles. and directional .down lights that would not interfere with .traffic movement on Highway 50 or Cedar Avenue. 90.170 Motion was made by Sindt, seconded by Harvey to extend the meeting beyond the 10:30. adjournment .time. i ' CITY OF LAKEVILLE COUNCIL MEETING _ JUNE 4, 1990 PAGE 13 • Roll. call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. Councilmembers and staff discussed the length of time allowed for the temporary sales offices, and it was the general. consensus that the temporary buildings could be in place for no longer than one year or 30 days after a certificate of occupancy is issued, whichever is less. It was also agreed that security in the amount of $5,000 be established to ensure that the temporary buildings are promptly removed upon completion of construction. 90.171 Motion was made by Sindt, seconded by Mulvihill to approve a planned unit development conditional use permit for Jeff Belzer to allow a car dealership business expansion at 21111 Cedar Avenue, subject to the following: Paragraph 11B. of the PUD CUP Agreement amended to read, "The term of the temporary buildings shall not exceed one year from the date of issuance of a building permit for that temporary building or thirty (30) days after a certificate of occupancy is issued for the permanent building, whichever occurs first."; Plans A - G as listed in the PUD CUP Agreement being dated 5-25-90; receipt. of an irrevocable letter of credit in the amount of $5,000; and a signage plan consisting of two off set used car signs and .three pylon signs as proposed by the applicant and described in the Planning Report dated May 31, 1990. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 Daryl Morey presented the request of Thomas Bertram for a conditional use permit to remove an existing old, detached, one car garage and replace it with a new, detached, two story, two car.. garage on single family residential property located on the northeast corner of 207th Street and Holt Avenue. He pointed out that the CUP is required because the Bertram lot and existing garage are currently non-conforming in relation to setback requirements. The zoning ordinance allows non-conforming single family residential dwelling units to be expanded to improve livability provided the non-conformity is not increased. He went on to explain that the proposed garage is 640 square. feet in size and will sit in the same location as .the existing garage, thus maintaining the current 2.2 foot side yard setback. In addition,. the proposed garage falls. within the maximum size requirement of 1,500 square .feet for accessory buildings in the R-5 zoning district. The Bertram ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 14 plans call for a new, two story garage approximately. 19 feet in height, while the zona.ng ordinance allows a maximum accessory building height of 15 feet in an R-5 district.. The ordinance does, however, .allow accessory buildings to exceed.. height limitations by conditional use provided there is a demonstrated need and potential for continued use of the. structure for the purpose .stated; and no commercial or home occupation activities are conducted on the property. Mr. Morey explained that the applicant intends to use the second story of the garage for storage of household items because. the 790 square foot house (built. in 1869} has little inside storage space. Staff is recommending as a stipulation of conditional. use permit approval that the height of the proposed garage not exceed the height of the house, which is 19 feet Mr. Bertram stated that he chose not to attach the garage to the existing house because of gas hook up on the north wall of the house and his desire to utilize the existing paved driveway. He further stated that he intends to run electricity to the garage but has no intention of extending water to the structure. 90.172 Motion was made by Mulvihill, seconded by Harvey to receive . the Planning Commission's findings of fact and approve a conditional use permit for Thomas Bertram to construct a garage on a non-conforming single family residential. lot located at 8675 207th Street West. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 14 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 minor lot configurations were changed from the previously approved preliminary plat, while street configurations have remained consistent. Councilmember Harvey pointed out that during preliminary plat approval, the neighborhood expressed a desire to preserve the vegetation behind lot 29. The staff indicated that the grading plan indicates that those trees: would not be touched. Councilmember Harvey stated that he preferred to see an actual forestry plan which would outline the preservation of trees prior to granting plat approval.. " CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 " PAGE 15 90.173 Motion was made by Harvey, seconded by Mulvihill to table consideration of the final plat of Cherry Ridge First Addition to allow the developer to submit a forestry plan to accompany the final plat and grading plan. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 15 Jim Robinette presented the final plat of Cedar Glen 2nd Addition, a 29 lot single family subdivision located west of Cedar Avenue and south of 162nd Street. He explained that the lot configuration and street layout are consistent with the previously approved preliminary plat. A revision in the south lot line of Outlot A from 1326.56. feet to 1251.56 feet acknowledges the 75 foot Cedar Avenue/Dakota County Road right-of-way width. The revised final plat illustrates an adjustment to some of the utility easements, and a renaming of the interior streets from Grenada Circle and Grenada Avenue to Godson Circle and Godson Drive. A minor comprehensive plan amendment to bring this property into the 1990 Urban Service Area has been .received by the Metropolitan Council, dated May 18, 1990. . Councilmember Harvey pointed out that the .development. plans listed on Pages 2 and 3 of the Development. Contract had not been filled in, and staff provided the following information: Plan A--Plat prepared by Ground Development Company. Plan B--Soil Erosion Control Plan and Schedule. dated 3-28-90 prepared by Pioneer Engineering. Plan C--Plans and Specifications for Public Improvements dated 3-28-90 prepared by Pioneer Engineering. Plan D--Not Applicable. Plan E--Grading Plan dated 3-28-90 prepared by Pioneer Engineering. Plan F--House Pad Elevations and Home Type Plan dated 3-28-90 prepared by Pioneer Engineering. Plan G--Not Applicable. 90.174 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 90-67 approving the final plat of Cedar Glen 2nd Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 16 ITEM 20 Mr. Dan Pellinen presented a request on behalf of the Downtown Lakeville Business Association to operate a carnival during Pan-O-Frog, July 6-8, on property owned by Despatch Industries adjacent to the Jaycee Park. He explained that the carnival would be provided by Don's Amusement Enterprises from St Cloud, and Despatch Industries has agreed to allow the use. of their land for the ..carnival. He stated that the Downtown Association conducted a survey of 46 area residents to determine their feelings on the proposal. Roger Knutson recommended. that a revised certificate of insurance be required from Don's Amusement Enterprises naming the City of Lakeville, Pan-O-Frog Board, Despatch Industries, Lakeville Chamber of Commerce and Downtown Business Association as additional insured. Police Chief Gudmundson stated that the railroad tracks should, be fenced off, and the park area should be posted No Parking. In addition, one side of Hull Avenue should be posted No Parking to allow fire truck access. He stated that the City would allow no narcotic. paraphernalia to be sold or given away in any of the games of chance. Chief Gudmundson also .pointed out that availability of toilet and shower facilities for the carnival workers could cause a problem. The Downtown Association suggested possible facilities, such as McStop and McGuire Jr. High School. Chief Gudmundson also suggested that one person be appointed by the Downtown Assoc. who would be responsible for, and take phone calls in regard to, .any problems that. may occur during the event. The mayor and council members concurred. Councilmembers indicated that they felt. uncomfortable with answers to some of the questions they raised pertaining to the number of expected carnival employees, shower facilities, impact on the neighborhood, parking, etc. It was also the general consensus of the Council that the site was not appropriate for such an event, and suggested the .Downtown Association re-evaluate potential locations for a carnival. It was suggested that careful consideration be given to the location of this event, in anticipation that the carnival. will remain a part of the Pan-O-Frog celebration in subsequent years. 90.175 Motion was made by Harvey, seconded by Ruhmann to table. consideration of a carnival during Pan-O-Frog until the next regular council meeting or a special meeting called specifically for this issue. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. . ` ' CITY OF LAKEMILLE COUNCIL MEETING JUNE 4, 1990 PAGE 17 ITEM 7C 90.176 Motion was made by Harvey, seconded by Mulvihill to table consideration of a resolution adopting .the 1990 budget adjustments .until June 18th to allow the City Administrator and Finance Director an opportunity to present the issue. Roll call was .taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 19 Dennis Feller presented a resolution recommending fiscal management policies for ALF (Apple Malley, Lakeville, Farmington) Ambulance. The resolution proposes significant rate increases for fees charged to .patients. Mr. Feller explained that when compared to other ambulance services, the rate structure is shown to be adequate but not excessive. The resolution would also establish an equipment fund which would build cash reserves over a period of time to ensure that adequate funds are available for equipment when needed. In addition, the resolution as presented would amend the 1990 ALF Budget by reducing the operating subsidy from $2.50 per capita to $1.50 per capita. Mr. Feller suggested an additional paragraph No. 5 be added to the resolution which reads as follows: "5, Encourage ALF to refund to participating cities, prior to February 1 of each year, any unencumbered cash in excess of $150,000 as of December 31." 90.177 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 90-68 recommending fiscal management for ALF Ambulance. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFIldISHED BUSINESS None. NEW BUSINESS Councilmember Harvey expressed his feelings on the purchase of computers for City personnel and requested that most, if not all, computers be compatible with one another. ANNOUNGEMENTS Next Regular Council Meeting; June 18, 1990, Mayor Zaun adjourned the meeting at 12:35 p.m. V CITY OF LAKEVILLE COUNCIL MEETING JUNE 4, 1990 PAGE 18 Respectfully .submitted, Charlene Friedges, City erk Du ne Zaun, Ma o