Loading...
HomeMy WebLinkAbout05-07-90 `;v , bk CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 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 Sindt, Mulvihill and Mayor Zaun. Absent: Councilmembers Ruhmann and Harvey. Also present: B. Erickson, City Administrator; D. Feller, Finance Director; K. Nelson, City Engineer; R. Knutson, City Attorney; D. Gudmundson, Chief of Police; J. Robinette, Community Development Director; B. Christensen, Fire Chief; S. Michaud, Parks & Recreation Director; R. Wawrzon, Research Analyst; B. Kempa, Accountant; E. Fondell, Senior Citizens Coordinator; D. Morey, .Assistant Community Development Director; C. Friedges, City Clerk. STAFF ANNOUNCEI+iENTS Attorney: None. Engineer: None. Administrator: Bob Erickson requested the council remove . Item 70, receive sealed bids and approve sale of City vehicles, from the Consent Agenda for further discussion. Fire Chief: Barry Christensen provided an overview of the first quarter report of the Lakeville Fire Department. CITIZEN COMI~iENTS Mr. Steve Hansen, 18030 Kenwood Trail, gave a brief update on the actions that are currently being taken by the citizens against the proposed amphitheater project. Councilmember Sindt suggested the .City staff explain the proposed. time table that would be followed for this project. Mr. Erickson explained that the. project will undergo, at the very minimum, a six month review process, which would include a public informational meeting after the City receives an application from the developer. The various advisory groups would also review the proposal, and the City would retain sound and traffic experts, at the developer's expense, to analyze the proposed. project. t ' ~ CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 2 PRESENTATIONS/INTRODIICTIONS Mr. Fred Christiansen, Finance .Director for Maple Grove: and representative of the Government Finance Officers Association, presented to the Lakeville Finance Department a Certificate of .Achievement for Excellence in Financial Reporting for its comprehensive annual financial report for the fiscal year ended December 31, 1988. He explained that this certificate of achievement is presented to government units whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. Dennis Feller and Brian Kempa accepted the award on behalf of the Finance Department. Mayor Zaun presented a plaque to Larry Oreschnick for his distinguished service on the Cable TV Board. Mr. Oreschnick is the last charter member to depart from the Board. Don Gudmundson and Steve Michaud requested the City Council .consider proclaiming May 7 through 11 as Drug Awareness Week in .Lakeville to help promote new State legislation fighting drugs through education and enforcement in schools and parks. 90.131 Councilmember Sindt read Resolution No. 90-48 supporting the State of Minnesota "Drug-Free School and Park Zones Act" and proclaiming May 7 through 11, 1990, as .Drug Awareness Week within the City of .Lakeville. Sindt moved its adoption, Mulvihill seconded. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill. Steve Michaud introduced the following individuals who extended their support. and appreciation to the City for its cooperative efforts to control the use of drugs in the community: Barb Olson, School District 194 Chemical Awareness Coordinator; Paul Baarson, Parkview Elementary School Principal; and Bernie Ryan, All Saints School Board Vice Chair. Don Gudmundson introduced Ms. Melissa Majerus, who has been hired to fill the new position of Animal Control Officer. Chris Oace, Cable Coordinator, introduced Mr. James Schindler, who has been hired to fill the new position of Assistant Producer. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 3 CONSENT AGENDA Councilmembers removed items 7a, minutes of April 9th special council meeting, and. 70, vehicle bids, from the consent agenda for further discussion. 90.132 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda and items as follows: a. (Removed from consent agenda). b. Approve minutes of the April 16, 1990 Regular Council meeting. c. Approve minutes of the April 25, 1990, Special Council meeting. d. Approve claims for payment. e. Receive minutes of advisory committee meetings: Cable TV Board, April 10 Parks & Recreation Committee, April 18 Planning Commission, April 19 • Natural Resources Committee, April 17 Economic Development Commission, April 24 f. Approve an _Engineering -Agreement for Consulting .Services with Strgar-Roscoe-Fausch, Inc. g. Approve Resolution No. 90-49 authorizing staff to install drug free zone signs at various .park locations. h. Approve request of American Heart Association to use Aronson Park for a softball tournament on June. 23 and 24, 1990. i. Approve agreement with Braun Engineering, Inc. to complete soil borings at Casperson Park. j. Approve agreement with Institute for Minnesota Archaeology to complete archaeological survey at Casperson Park.' k. Approve Resolution No. 90-50 authorizing preparation of a feasibility report. for Improvement Project 90-2, sealcoating portions of Districts 2, 4, 5 and b. 1. Authorize GTTI, Geographical Technology Transfer • Incorporated, to prepare a geographic information system feasibility report. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 4 • m. Authorize American Associated Appraisal to appraise City buildings, contents and property for insurance purposes.. n. Authorize DCA Stanton to prepare a salary survey for exempt employee positions. o. (Removed from consent agenda) . p. Receive sealed .bids and approve sale of South Metro Drug Task Force seized vehicles. q. Adopt Ordinance No. 410 amending Title 3, Chapter 6, of the Lakeville City Code concerning cigarette licenses. r. Approve cigarette ]icenses for Budget mart, 20180 Dodd Boulevard, and Berries Market Deli, 17665 Kenwood Trail. s. Approve off-sale nonintoxicating malt liquor License for Berries Market Deli, 17665 Kenwood Trail. t. Approve change orders No. 45 and 54 for city hall. u. Set dedication of City Hall for July 8,1990, from 3:30 to 5:30 p.m. v. Approve Resolution No. 90-51 appointing Dennis Feller as Director and Bob .Erickson as Alternate Director to the LOGIS Board of Directors. w. Approve membership in the Metro East Partnership and dues of $700. x. Approve an antenna site use agreement with Cybertel Paging, Inc. y. Approve request from Minnesota Pole Benders Fishing Club to use Casperson Boat Launch and Park to conduct their annual Pan-O-Frog fishing tournament on July 7, 1990. z. Approve request from Bill Gallagher of DJ's Tug-of-War Team to conduct a 1990 World Championship qualifying tug-of-war tournament at Foxborough Park on July 7, 1990, as part of the 1990 Pan-O-frog celebration. aa. Approve agreement with R-W/Midwest Vending, Inc. to install, operate and maintain vending machines in parks and public buildings. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, . Zaun. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 5 ITEM 7A 90.133 Motion was made by Sindt, seconded by Mulvihill to approve the minutes of the April 9, 1990, Special Council Meeting as corrected in Motion 90.95 to read, "Roll call was taken on Councilmember Harvey's motion". Roll call was taken on the motion. Ayes, Mulvihill, Zaun, Sindt. ITEM 70 Mr. Erickson introduced Ron Wawrzon, who coordinated the April 29th City auction. The auction, he stated, netted the City over $20,000 on the sale of surplus equipment. Mr. Wawrzon explained that two Chevy Luv Trucks have been taken off the list of vehicles being sold by sealed bids because of a misunderstanding that the vehicles were to be sold for parts only. He explained that the bidders for Vehicles No. 9 and 10 have withdrawn. their bids, and staff recommends the sale of these vehicles to Viking Auto Salvage for a total of $275. 90.134 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-56 awarding the sale of Vehicles No. 1 through 8, and 11 to the highest bidders; and awarding the sale of Vehicles No. 9 and 10 to Viking Auto Salvage for $275, subject to receipt of written confirmation that the vehicles will be used for parts only. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill. ITEM $ Mayor Zaun opened the public hearing for proposed sanitary sewer, watermain, storm sewer, trail and street improvements to Griffon and Grove Trails, Highview Heights, Chapel Hills and Foxborough 2nd Addition, Improvement Project 89-13. The City Clerk. attested to proper publication and mailing of legal notices. Keith Nelson provided the background on the proposed improvements. He explained that as a follow-up to Dakota County's plans to reconstruct County Road 46 (160th Street West) in 1991, City staff contacted the developers of Highview Heights and Chapel Hills regarding the .extension of Griffon Trail into. these subdivisions. Griffon .Trail would • provide direct access to Cedar Avenue. In addition, sanitary CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 6 .sewer and storm sewer need to be extended along Griffon Trail through Chapel Hills to serve future portions of the Highview Heights development.. Letters in support of the improvement. project were received from Heritage Development and Meritor Development Corp., who represent the only property proposed to be assessed. Mr. Nelson explained that Griffon Trail is designated as a major collector roadway in the City's Transportation Plan and is also designated as a Municipal State Aid (MSA). roadway. Grove Trail is designated as a minor collector and is not part of the City's MSA system. Both are designated for multi-purpose trailways as shown in the City's Trail System Plan. Mr. Nelson went on to explain .the scope of the project, stating that an eight inch sanitary sewer is proposed to be extended along Griffon Trail and Grove Trail from existing .facilities located in Foxborough 2nd Addition. These costs are proposed to be assessed to the corresponding developments. An eight inch and twelve inch watermain is proposed to be extended along Griffon .and Grove Trails, with costs proposed to be assessed to the corresponding development. Oversizing of trunk watermain from eight inches to twelve inches will be financed from the City's trunk sewer and water fund. The existing trunk .storm sewer in Foxborough 2nd Addition will be extended along Griffon Trail to serve future portions of Highview Heights 4th and .5th Additions and Chapel Hi]1s. Griffon Trail will be constructed to MSA standards, consisting of a 44 foot wide roadway with surmountable curb and gutter and a nine ton pavement design. Grove Trail will be constructed to a 44 foot width and surmountable curb and gutter to match the existing street in Chapel Hills Addition. A five foot sidewalk is proposed to be constructed along the east side of Grove Trail, the south side of Griffon Trail and the north side of Griffon Trail southeasterly of Grove Trail. An eight foot bituminous trail. is proposed along the west side of Grove Trail, to match the in-place trail in Chapel Hills Addition, and along the north side of Griffon Trail west of Grove Trail. Mr. Nelson explained that the Comprehensive Trails Plan designates eight foot trails on both sides of all major collector roadways and five foot sidewalks on both sides of all minor collector roadways. The Parks & Recreation Advisory Committee held several informational meetings with the affected residents in Foxborough 2nd Addition, who were generally opposed to eight foot bituminous trails and project assessments. The residents were, however, receptive to five foot sidewalks if there were no assessments, subject to CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 7 several conditions. The Parks & Recreation Committee subsequently amended the Comprehensive Trails Plan in this area to allow for sidewalk only. Mr. Nelson presented an estimated project cost summary, with $530,700 being the total project cost. He explained that all associated costs for sanitary sewer, watermain, sidewalk and Grove Trail street construction are proposed to be assessed to the corresponding Highview Heights and Chapel Hills developments. Municipal State Aid funds are proposed to be .used to finance part of Griffon trail and sidewalk construction and, in accordance with the City's MSA assessment policy, Highview Heights and Chapel Hills are proposed to be assessed a residential street equivalent for Griffon Trail. For the existing development in Foxborough 2nd Addition, state aid funds are proposed to finance sidewalk with no direct assessment to the property owners. In areas. where eight foot trails are constructed in lieu of five foot sidewalks, the Lakeville Parks and Recreation Department will finance 3/8 of the cost. Mr. Nelson stated that Meritor Development Corporation has requested the improvement of Grinnell Avenue and a portion of Gull Path be included in this project. An additional $75,000 . would be assessed to Meritor for those additional improvements. Mayor Zaun opened the hearing to questions and comments from the audience. Mr. Warren Kochis, 16404 Griffon Trail, asked if trees could be placed in the boulevard rather than the residents' yards. He also asked who wauld reimburse the property owners for sod that is removed and replaced with sidewalk, and requested a detailed drawing that would identify how and where construction will take place. Mr. Nelson stated that plans and specifications would show the project construction in detail, and indicated .that a project coordinator wi.71 be in contact with some of the property owners prior to construction. He also stated that as a part of the construction contract, landscaping presently i.n place will be maintained or restored to its original condition; however, there would be no formal reimbursement for the loss of existing sod. Mr. Erickson reminded the Council and citizens present that the City staff has responded to many concerns raised by the area .residents in regard to sidewalk construction. The purpose of trees being planted was to screen the sidewalk ~ , CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 8 from the houses. Those trees were intended to be .ornamental in type. He urged the Council not to determine the specific location of the trees at this time, but rather let the majority of the neighborhood make that determination, possibly by a mailed survey. Councilmember Sindt asked about the status of 165th Street, and Mr. Nelson indicated that the developer is responsible for repairing that street. 90.135 Motion was made by Mulvihill, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Zaun. 90.136 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 90-52 ordering public improvement and preparation. of plans and specifications for improvement project 89-13, Griffon and Grove Trails in Highview Heights, Chapel Hills and Foxborough 2nd Additions. Roll call was taken on the motion. Ayes, Mulvihill, Zaun, Sindt. The City Council proceeded to consider other. items on the agenda that do not require a four-fifths vote of the Council, as Councilmember Ruhmann is expected to arrive later. ITEM 13 Don Gudmundson introduced Mr. John Eccleston, representing a new restaurant preparing to open at Southfork Mall called Juke Box Cafe. He explained that Mr. Eccleston has applied for retail on-sale nonintoxicating malt liquor, wine and cabaret licenses. A mechanical amusement. device license for the establishment has been applied for by Theisen Vending Company. Chief Gudmundson informed the Council that Investigator Delmonico recommends approval of the Licenses. Mr. Eccleston explained to the Council his intent to develop a family oriented restaurant with an adjacent amusement center that would be separated .from the restaurant complex. He stated the restaurant will provide the highest quality in food and service, featuring pizza developed through authentic recipes from Italy. He explained that dances would. occur on Wednesday (during the summer), Friday and Saturday evenings from 8:00 p.m. to 12:00 midnight. Music would primarily be provided by records and tapes coordinated.. by a disc jockey, with occasional live bands. The establishment would hire uniformed off duty police officers to provide security during dances. t; CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 9 Councilmember Mulvihill asked about the dance area capacity, and Mr. Eccleston indicated the dance floor has a capacity of 150 persons. Mr. Erickson suggested the fire marshal determine the occupancy of the building. Councilmember Sindt voiced concern .over minors being allowed in an establishment where alcohol is served, and Mr. Eccleston indicated that. alcohol sales would discontinue during. the dance hours. After some discussion, Mr. Erickson suggested Mr. .Eccleston meet with the Chief of Police, City Attorney and himself to come up with a detailed plan to control and monitor the operation of the restaurant and accessory amusement area. 90.137 Motion was made by Sindt, seconded by Mulvihill to issue an on-sale nonintoxicating malt liquor, wine and cabaret license to John M. Eccleston, dba Juke Box Cafe, subject to terms and conditions to be drafted by staff for subsequent City .Council review and approval. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill. 90.138 Motion was made by Sindt, seconded by Mulvihill to issue a mechanical amusement device license to Theisen Vending Company for 30 amusement devices at Juke Box Cafe. Roll call was taken on the motion. Aye, Sindt, Mulvihill, Zaun. ITEM 10 Senior Coordinator, Eileen Fondell, outlined the progress that has taken place on the proposed senior transit program. The City of Lakeville, Regional Transit Board (RTB} and Dakota Area Resources and Transportation for Seniors, Ina (DARTS) would collectively purchase, operate and manage a 16 passenger handicapped .accessible DARTS bus. She explained that the RTB will be responsible for 65~ of the initial purchase, with DARTS, Lakeville Senior Citizens Club .and the Lakeville Lions Club being responsible for 35% of the purchase price. The RTB would be responsible for 100% funds to operate and manage the bus for the first 18 months. After the first 18 months, the RTB will fund 65% of the bus operation and management, with the remaining 35% being funded by DARTS and the City of Lakeville. Lakeville's portion of the 35% would be covered by providing a storage facility and performing preventive maintenance on the vehicle,. Ms. Fondell introduced Mr. Mark Hoisser, DARTS Transportation Director, who indicated the bus is expected to be operational by the first part of July. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 10 s Councilmember Sindt questioned Section 4 of the agreement between the City and DARTS as it pertains to tax on fuel. Mr. Erickson suggested the agreement be amended in Section 4 to read, "The City will bill DARTS for the cost of fuel, including .tax, if applicable, and DARTS shall pay all bills.. " 90.139 Motion was made by Mulvihill, seconded by Sindt to authorize the Mayor and Clerk to enter into an agreement with DARTS for the purpose of providing senior transportation, as amended in Section 4. Roll call was taken on the motion. Ayes, Mulvihill, Zaun, Sindt. ITEM 11 Jim Robinette .presented the final plat of Shady Oak Shores 3rd Addition, located west of Cedar Avenue and south of 170th Street. He stated that this plat is consistent with .the previously approved preliminary plat of Shady Oak Shores 3rd Addition, and staff recommends approval. . 90.140 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 90-54 approving the final plate of Shady Oak Shores 3rd Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill. . ITEM 12 Ji.m Robinette presented the request of Bridlewilde Joint Venture for a grading permit for Shady Oak Shores Phase 3A. He reported that security in the amount of $6,000 for erosion control has been provided by the developer, Mr. Al Herrmann. Staff recommends approval. 90.141 Motion was made by Mulvihill, seconded by Sindt to issue a grading permit to Bridlewilde Joint Venture for Shady Oak Shores Phase 3A. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Zaun. ITEM 14 Councilmember Sindt asked the .staff to determine the appropriate building size that would be required. for a retail . fire service. Mr. Erickson indicated that analysis of the B & S Tire operation is currently underway, and the staff will continue to work with the developer on this issue. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 11 • 90.142 Motion was made by Mulvihill, seconded by Sindt to table consideration of a conditional use permit for B & S Tire to operate a retail fire service store at 21178 Kenrick Avenue . Roll call was taken on the motion. Ayes, Mulvihill, Zaun, Sindt. ITEM 18 Mr. Erickson read a proposed resolution which would create the Department of Environmental Resources and Public Works and the Department of Community and Economic Development and presented organizational charts for each of the departments. Councilmember Ruhmann arrived at the meeting, 9:00 p.m. Mr. Erickson went on to explain that the Personnel Committee has reviewed and endorsed the reorganization plan, recognizing the rapid growth of the community. He stated that Jim Robinette has been asked to head the department of Environmental Resources and Public Works, and he has accepted that challenge. He further stated that the resolution, if approved, directs the City Administrator to finalize a • contract with Sathe & Associates, Inc. to conduct an executive search for the position of Community and Economic Development Director. He estimated that search would take approximately three months. 90.143 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-55 creating the Department of Environmental Resources and Public Works and the Department of Community and Economic Development. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Ruhmann. ITEM 9 Mayor Zaun opened the public hearing for proposed sanitary sewer, watermain, storm sewer and street improvements on 205th Street and Hollins Avenue, Improvement Project 90-1. The City Clerk attested to proper publication and mailing of legal notices. Keith Nelson presented the proposed project, which consists of extending sanitary sewer, watermain, storm sewer and bituminous streets along 205th Street between Holyoke and Hollins avenues and Hollins Avenue between 205th and 206th • streets. He explained that a request had been made to extend the project east on 205th Street to the Lakeville Grove. Cemetery. That request, however, has been withdrawn, since the cemetery owners have determined that they are not financially able to support the costs. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 12 • Mr. Nelson explained that the feasibility study for this project was ordered in response to a petition received from several residents requesting blacktopping of abutting streets. Prior to completion of the study, City staff ..held a neighborhood informational meeting with affected property owners, at which time the proposed project and approximate costs were presented. Mr. Nelson went on to explain. that since sanitary sewer services are substandard in length and size based on current standards, it is proposed to construct a new eight inch sanitary sewer along Hollins Avenue from 205th Street to the south. New services would be installed from this main to the property line for each residence, which would be available for connection if problems arise with the existing service. The staff is recommending that this portion of improvement costs be financed from the City's Trunk Utility Fund; although assessments are proposed against property lying. east of Hollins Avenue since this property is undeveloped and not presently served by City sewer. The existing four inch watermain located. along 205th Street between Holyoke and Holt avenues is old and inadequate in • size for fire demand, while no watermain exists at 205th Street and Hollins to provide fire protection. The existing watermain would be replaced with a six inch watermain along 205th Street between Holyoke and Hollins avenues and along Hollins between 205th and 206th streets. A fire hydrant would be .installed at 205th and Hollins. This portion of costs would also be financed from the City's Trunk Utility Fund, with the exception of the undeveloped property lying east of Hollins Avenue. The present 33 inch storm sewer in Hollins Avenue between 205th and 206th streets is also substandard and inadequate in size. This pipe is proposed to be replaced with a larger 48 inch pipe, with a 15 inch pipe proposed to be constructed along 205th Street from Hollins to Holt avenues to provide drainage from areas south of the project. These costs. would be financed by a combination of City funds and area assessments for trunk drainage improvements to adjacent property owners. Catch basins will be installed off trunk facilities located along 205th Street and Hollins Avenue. The area east of Hollins Avenue presently exists in the floodplain and cannot be developed until the existing ditch is reconstructed. Staff is proposing that the ditch be improved and easements acquired. It is proposed to realign • the ditch south of 205th Street to follow the existing sanitary sewer alignment and acquire easements, which would allow more area to be developed in the future once a floodplain amendment is approved. The majority of these costs would be funded by the City's Trunk Utility Fund. CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 13 i Mr. Nelson further explained that at the neighborhood meeting, staff recommended a minimum 24 foot wide bituminous street with restricted parking be constructed with concrete curb and gutter and a minimum 30 foot right-of-way. However, some property owners objected to the 24 foot wide street, as it required removal of several trees and shrubs. The staff, therefore, recommends an 18 foot width, providing 205th Street is posted as one-way easterly between Holyoke and Hollins avenues. This reduced width saves several trees and shrubs and was preferred by adjacent residents. A :standard 32 foot street is proposed to be constructed along Hollins Avenue north of 206th Street. Mr. Nelson then provided a breakdown of project costs, with $279,385 being the total cost of all improvements and $128,960 assessed to the benefitting property. He explained that the project could be substantially completed by this fall; however, right-of-way acquisition could cause some delay. Dennis Feller explained the City's assessment policy and indicated that this project would be assessed over a 20 year period at an .interest rate of nine percent. He reminded • those present that senior citizen deferments are available to .property owners who are over the age of 65 or suffering a hardship due to a physical handicap. .Mayor Zaun opened the hearing to questions and comments from the audience.. Mrs. Ruth Sprouse, 8663 205th Street, stated she supports the one way street and requested the City consider saving as many trees as possible in the drainage area behind her property. Mr. Steve Bergstaller, representing Sharon Schaum's property at 8630 205th Street, stated he also supports the one way street. He asked how accurate the City feels its cost. estimates are for this project, and Mr. Nelson indicated that if the bids were to come in more than 10% over the estimates, the project could be reconsidered by the Council at another public hearing. Mr. Bergstaller asked if the property owners could be provided guarantees that they will not be assessed in future years for portions of the project that are not proposed to be assessed at this time. The staff explained.. that a future City Council cannot go beyond what is being presented at this public hearing. Mr. Erickson reminded those present that some financial • assistance may be available .for the storm sewer improvements, utilizing the excess increment from two tax increment financing districts. These proceeds will be utilized for the CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 14 downtown storm sewer project, and Improvement Project 90-1 .would receive its proportionate share. He further stated.. that the public hearing is based on estimated project costs, and final costs will be presented to the property owners at a subsequent special assessment hearing.. Mr. Leo Cameron, 20520 Holyoke Avenue, opposed the one way street, as he was concerned with snow plowing on a one way street. He also stated he prefers to see a barrier type curb and gutter installed, rather than the proposed surmountable type. Mr. Erickson explained that the staff is being responsive to the majority of the property owners involved by attempting to save the existing trees. He also explained that .consideration can be given as to how a one way. street is plowed so that the snow is not always pushed to one side. Mr. Nelson explained that a surmountable curb and gutter is being .proposed because it is less costly. He also explained that when the property east of Hollins is .developed, a barrier type curb would have to be removed for curb cuts, whereas surmountable curb would not have to be removed. 90.144 .Motion was made by Sindt, seconded by Mulvihill to receive a • letter from Richard E. Cross dated May 3, 1990, and a letter from St. John's Lutheran Church dated May 4, 1990, in reference to the Lakeville Grove Cemetery. (Letters on file in the City Clerk's office.) Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ruhmann, Zaun. 90.145 Motion was made by Sindt, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Ruhmann, Zaun, Sindt. 90.146 Motion was made by Sindt, seconded by Mulvihill to approve .Resolution No. 90-53 ordering public improvement and preparation of plans and specifications for Improvement Project 90-1, 205th Street West and Hollins Avenue. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 15 Daryl Morey presented the application of Duane Voas for a • conditional use permit to remove an existing detached one car garage. and replace it with a new two car garage attached to CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 15 the existing single family dwelling at 20865 Holiday Avenue. He explained that the lot and existing garage do not meet zoning ordinance requirements for the R-2 zoning classification of the property; however, the house and garage were constructed prior to establishment of the current ordinance requirements. The proposed .garage would be located 8.5 feet from the side property line. While this does not meet the 10 foot setback requirement, it improves upon the existing 4.7 foot setback, therefore reducing non-conformity. The Planning Commission and staff recommend approval. 90.147 Motion was made by Sndt, seconded by Mulvihill to receive the Planning Commission's findings of fact and grant a conditional use permit to Duane Voas to allow construction of a garage on a non-conforming single family residential lot located at 20865 Holiday Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Ruhmann. ITEM 16 Daryl Morey. presented the application of Dean Ekegren for a conditional use permit to remove an existing detached one car garage and replace it with a new detached three car garage at 9982 199th Street. The lot and existing garage do not meet zoning ordinance requirements for the R-2 zoning classification of the property, and falls within the Shoreland Overlay District for Lake Marion. He went on to explain that although the 50 foot wide lot i.s non-conforming, the house and garage .were constructed before the existing ordinance requirements were established. The proposed garage would be set back 10 feet from both side property lines, thus reducing the non-conformity on the east side property line. The Planning Commission and staff recommend approval. 90.148 Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's findings of fact and grant a conditional use permit to Dean Ekegren to allow construction of a garage on a non-conforming single family residential lot located at 9982 199th Street. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ruhmann, Zaun. ITEM 17 Daryl Morey presented an amendment to Section 11.3 of the zoning ordinance regulating building height. He explained that the proposed amendment would increase. the maximum building height allowed for principal structures in the lower CITY OF LAKEVILLE COUNCIL MEETING MAY 7, 1990 PAGE 16 • density single family residential districts from two and one half stories (25 feet) to three stories (35 feet). The amendment would bring ordinance requirements into line with today's trend toward taller single family residential dwellings. The Planning Commission and staff recommend approval. Councilmember Ruhmann questioned whether this height amendment would have a negative impact on a neighborhood if the height of an existing structure is increased to 35 feet. Mr. Morey stated that the height expansion would have to meet building code requirements. 90.149 Motion was made by Ruhmann, seconded by Mulvihill to adopt Ordinance No. 411 amending Section 11.3 of the zoning ordinance pertaining to building height requirements. Roll call was taken on the motion. Ayes, Mulvihill, Ruhmann, Zaun, Sindt. OTHER BIISINESS Councilmembers asked staff to contact Dakota County in reference to marking the curves on Dodd Boulevard near Cedar Avenue. 90.150 Motion was made by Ruhmann, seconded by Mulvihill to adjourn the council meeting. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill. Time: 10:23 p.m. Respectfully submitted, i Char ne Friedges, City erk D ane Zaun, M