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HomeMy WebLinkAbout05-21-90 s CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 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; J. Robinette, Community Development Director; D. Gudmundson, Chief of Police; D. Morey; Assistant Community Development Director; Renee Brekken, Recreation Supervisor; Nancy Ki11, Motor Vehicle Manager; C. Friedges, City Clerk. 90.151 Motion was made by Sindt, seconded by Mulvihill to approve the minutes of the May 7, 1990, Council meeting as printed. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. Harvey abstained, as he was absent from the May 7th meeting. STAFF ANNOUNCEMENTS Attorney: None. • Engineer: None. Administrator: Bob Erickson requested the Council consider adding two additional items to the agenda under New Business; Item 15a, letter of resignation from James McCurdy,. Cable TV Board member; and Item 15b, request from Eva Development, Inc. for a 30 day extension on the previously approved grading permit for Lake Villa Golf Estates 6th Addition. Chief of Police: Don Gudmundson provided a brief overview of the April Police Department monthly report. CITIZEN COMMENTS Steve Hansen, 18030 Kenwood Trail, addressed the Council on behalf of the Citizens Against the Proposed Amphitheater and stated that based on the information received at the recent press conference with Pace Entertainment Group, he questions the intentions and the honesty of the developer in this proposed project. Mr. Hansen referenced a recent article regarding Pace Entertainment which appeared in the May 14, 1990 edition of Forbes Magazine. (Article on file in the City Clerk's office.) CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 2 • PRESENTATIONS/INTRODIICTIONS Nancy Kill, Motor Vehicle Manager, introduced Ms. Ann Garcia, part-time Motor Vehicle employee. CONSENT AGENDA The Council removed Consent Agenda Item. 7c, receive preliminary report and call a public hearing for sealcoating, Improvement Project 90-2; and added item 15a, receive letter of resignation from James McCurdy, Cable TV Board member. 90.152 Motion was made by Harvey, seconded by Sindt to approve the modified consent agenda and items as follows: a. Approve claims for payment. b. Receive minutes of advisory committee meetings: Planning Commission, May 3, 1990 Natural Resources .Committee, May 1, 1990 Parks & Recreation Committee, May 2, 1990 Cable TV Board, May 8, 1990 c. (This item removed from Consent Agenda.) d. Approve Resolution No. 90-58 calling a public hearing on proposed assessments for delinquent utility accounts in .all districts and closed accounts. e. Authorize staff to prepare and submit applications to the DNR for 1990-91 snowmobile and cross country ski trail grants. f. Approve a raffle license for the Burnsville Chamber. of Commerce and issue a 60 day waiver for an event to be held on June 26, 1990. g. Approve a raffle license for Rotary International of Lakeville for an event to be held on August 16, 1990. h. Approve Resolution No. 90-59 (amending .Resolution No. 86-148) authorizing fees for services from the Lakeville Police Reserves and setting the fee schedule.. i. Receive petition concerning the unsightly and dangerous condition of the former boat launch on the north side of Antlers Park. j. Approve a farm lease with Robert J. Berres for approximately 10 acres of land in Aronson Park. CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 3 k. Authorize the purchase of a vertical power .file from Office Library Micrographics Equipment, Inc. in the amount of $12,940 to be financed by the Building Fund. 15a. Receive letter of resignation from James McCurdy, Cable TV Board member. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7C Councilmember Sindt asked why 210th Street from County Road 70 into the downtown area is not included in the 1990 sealcoating project. Staff indicated that sealcoating would .not be adequate given the poor condition of the street; and an overlay project for that portion of 210th Street is included in the 1991 budget. 90.153 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-57 receiving the preliminary report for Sealcoating Project 90-2, and calling a public hearing for June 4, 1990. • Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 8 Daryl Morey presented the application of Curt and Patti Kaler for a variance from the 75 foot building setback requirement from the- ordinary high water mark (OHWM) of Orchard Lake so they can construct a single family house on 168th Street west of Klamath Trail. He stated that the property is zoned R-1, Low Density Single Family Residential, and falls within the Shoreland Overlay District. Mr. Morey explained that the property can be utilized for a single family dwelling because the lot area is within 70~ of the lot area ordinance requirement as it pertains to size, width and setbacks. However, given the limited depth of the.. property, it would not be possible to construct a single family house and meet the 75 foot OHWM building setback requirement without. granting. a variance.. Mr. .Morey explained that due to the location of 168th Street and the narrow depth. of the Kaler lot, and due to the fact that Limited lot depths and reduced lakeshore setbacks are characteristic of the area, combined with .the fact that the property exists. as a legal lot in terms of zoning ordinance requirements, an undue • hardship exists that would justify a variance. Therefore, • CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 4 ~i the Planning Commission and staff unanimously recommends approval, subject to three stipulations. He further stated that the Shoreland Impact Plan was approved by the Natural Resources Committee on May 1st. Councilmember Sindt asked if the alignment of the house next door to the Kaler property would be compatible with the Kaler house. Mr. Morey explained that while the house next door does not meet the setback from Orchard Lake, it does meet front yard setback requirements. Councilmembers Sindt and Harvey asked about the highest known water level of Orchard Lake, and staff explained that the lake rose less than six inches when lakes were at an all time high approximately three years ago, further stating that Orchard Lake has an outlet on the west side, which runs through Orchard Beach into Scott County. Staff also stated that the lowest floor elevation of the proposed house is 7.4 feet above the high water line of Orchard. .Lake, which exceeds the three foot minimum requirement. 90.154 Motion was .made by .Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and approve a .building setback variance. for Curt and Patti Kaler to construct a . single family residential dwelling 40 feet from the ordinary. high water mark of Orchard Lake, Lots 1-4, Block 20, Orchard Lake Addition. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 9 Daryl Morey introduced the application of Terry & Marlys Johnson for a conditional use. permit to construct a circular driveway in the front yard of their single family residential lot in the Oak Ridge Heights subdivision. The proposed driveway would require the property to have two curb cut accesses .onto Upper 178th Street, which is only allowed by conditional use permit. Mr. Morey went on to explain that the Johnsons are requesting this second curb cut for convenience, landscaping, property enhancement and safety reasons; and the circular .driveway meets all ordinance requirements in terms of width and setback.. He explained that the Planning Commission recommended approval on a 4-2 vote, with an additional stipulation that the driveway not be .used for the storage of non-motorized vehicles and unlicensed or inoperable motor. vehicles. ~ CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 5 • Mr. Morey indicated that the City staff, is currently pursuing an ordinance amendment that would provide criteria for allowing two curb cuts on a single family residential lot. The ordinance amendment would allow two driveways on corner lots or lots with at least 100 feet of width, and the total width of the two driveways would not exceed 35 feet. The amendment would not allow two driveways on streets designated as collector or greater in status, and would maintain the current setback requirements. He further explained that the ordinance amendment, which is being pursued as a result of comments from residents and builders, .would provide more efficiency for residents to receive approval of circular driveway requests, provided a clear set of defined criteria are met. In addition, the $100 conditional use permit application fee would be eliminated if staff. could process these types of requests administratively. Councilmember Sindt expressed some concern regarding the suggestion that two curb cuts (driveways) would not be allowed on streets designated as collector or greater in status. 90.155 Motion was made. by Sindt, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve a conditional use permit for Terry and Marlys Johnson. to allow a second driveway curb cut access .for property located at 10243 Upper 178th Street West. Roll call. was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 10 Jim Robinette provided the background on the plat of Meadow Brook First Addition, which is a single family development of 34 lots on approximately 32.8 acres of land located south of County Road 58 (178th Street) and east of Flagstaff Avenue. He explained that portions of this plat are in the flood plain, and a Letter of Map Amendment (COMA) from the Federal Emergency Management Agency (FEMA) is required to make those lots buildable. He stated that FEMA has indicated they will issue the COMA following completion of the grading, receipt of as-built construction. drawings.. and an engineer's certification that the work has been done according to the. approved plans. He referenced Section 24 of the Development Contract which restricts building on the lots currently in the flood plain until these lots are removed from the flood plain. He indicated that the developer intends to begin construction of the model homes on those lots currently outside of the floodway. CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 6 Councilmember Harvey asked if the stipulations listed in the Dakota County Soil & Water Conservation District's letter of May. 2nd have been addressed, and Mr. Robinette indicated that revised grading plans have been submitted by Progress Engineering which address those issues. Councilmember Harvey also questioned whether any changes have been made to the final plat since preliminary plat approval; and staff indicated that the only change is in outlot configurations, which have been altered to align with future development phases. Councilmember Harvey pointed out that the letter of credit submitted by the developer does not match the standard City format. The developer, Warren Isrealson, explained that he has discussed this matter with the City .Attorney and intends to have the format amended by his bank as soon as possible.. 90.156 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 90-61 approving the final plat of Meadow Brook First Addition, subject to receipt of an amended letter of credit. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 11 Don Gudmundson outlined a proposed ordinance which would prohibit the use of ultralight vehicles in city parks. He explained that the Parks & Recreation Committee, as well as the Police Department, have determined that this type of air plane could cause safety hazards in city parks. It was suggested these vehicles should use private property, as well as ultralight airports, for .take off and landing. Mr. Gudmundson explained another part of the ordinance which prohibits the use of paint pistols and firearms that use carbon dioxide propellant (splatball) in city parks. The proposed ordinance would also prohibit persons from abandoning any fish house, shelter or dark house on a public lake access site. The Police Department and Parks & Recreation Committee recommend approval of the ordinance amendment. 90.157 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. 412 amending Title 7 of the Lakeville City Code concerning public ways .and property (ultralights, splatball, lake access sites), with an amendment in Section 7-1-4-1 to .read, "...within any City park...". CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 7 • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 12 Jim Robinette presented a .proposed resolution .concerning delinquent accounts receivable for certain developers, builders and individuals who habitually fail to pay their outstanding bills with the City. He explained that an ordinance was initially drafted, upon Councilmember Harvey's request, and was referred by the Council to the Economic Development Commission for its review and consideration. The commission felt that since the City has been able to significantly decrease its accounts receivable in the past year, it may be more appropriate to adopt this policy in the form of a resolution, thus providing the City Administrator the authority. to resolve and/or settle outstanding debts. The commission also felt that an ordinance might establish a negative image for the community, which could be .counter productive to the City's economic development efforts. Councilmember Harvey stated that although he is not in opposition to the resolution, he prefers to see this policy in the form of an ordinance, as he feels it would carry more weight and send a stronger message to those certain developers/builders who .continually fail to pay their bills. Councilmembers and staff considered that an ordinance would give the power of enforcement to the City Council, while a resolution would give it to the City Administrator. Since City staff deals with developers/builders up front, it was the. general consensus that the resolution would. provide more timely processing of development related applications. Councilmember Ruhmann suggested that Section 2 of the resolution be amended to a]1ow City staff the flexibility to obtain an applicant's history of bill payments in other cities, as well as the City of Lakeville. Additional amendments were suggested; and after some discussion, the. Council reached a consensus to amend .Section 2 of the resolution to read, "...has a history with this or any other city within the. prior .five (5) years of not promptly paying. bills in conjunction with such land use applications, even though the applicant may not currently be delinquent, the City shall require an escrow..:' • CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 8 90.158 Motion was made by Mulvihill, seconded by Ruhmann to approve Resolution No. 90-62 concerning delinquent accounts receivable, with the revisions to Section 2 as stated above. Ro71 call was taken on the .motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 13 Bob Erickson presented an amendment to the existing lease for Liquor Store No. 1, located in the strip center at 202nd Street and Dodd Boulevard. He explained that the amendment was necessitated by the fact that Exhibit A, which related to the right of first refusal to purchase the entire strip center, was not completed as an exhibit in the original lease agreement. A provision was also incorporated which gives the City the right to purchase their portion of .the building if the strip center becomes a .condominium. The document was also amended by expanding the time line from 30 to 45 days for the City's response to the provision relating to the first right of refusal to purchase the premises. It was pointed out that there are seven years remaining on the current. lease with MGB Enterprises for Liquor Store No. 1. • 90.159 Motion was made by Harvey, seconded by Sindt to approve an amendment to the lease with MGB Enterprises Company for Liquor Store No. 1. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. IINFIldISHED BIISINESS Councilmember Sindt asked about the status of the B & S Tire conditional use .permit request; and Mr. Robinette stated he expects the item to be placed on the June 4th Council agenda. NEW BIISINESS Jim Robinette presented a letter from Thomas. Simonsen. of Eva Development, Inc. requesting a 30 day extension on the previously approved grading permit for Lake Villa Golf Estates 6th Addition. He explained that the .original permit required grading to be completed by June 1st. The Department of Natural Resources has not issued easement approval, but .expects to do so by the first of June, Tree cutting and clearing has been satisfactorily completed; grading and erosion control fences are in place. While the developer feels the grading could still. be accomplished by June 1st, staff feels the 30 day extension would be appropriate. _ CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 1990 PAGE 9 Mr. Erickson added that he has been in contact with the neighborhood group, who is pleased with the work that has been completed to date. .90.160 Motion was made by Ruhmann, seconded by Mulvihill to grant a 30 day extension on the previously approved grading permit dated April 13, 1990, for Lake Villa Golf Estates 6th Addition. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 90.161 Motion was made by Harvey, seconded by Ruhmann to .adjourn the meeting. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Time: 8:56 p.m. Respectfully submitted, • Char n Friedges, City C k Duan Zaun, Mayor