HomeMy WebLinkAbout04-16-90
' CITY OF LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
The meeting was called to order at 7:05 p.m. by Mayor Zaun.
The pledge of allegiance to the flag was .given.
Roll call was taken. Present: Councilmembers Ruhmann,
Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember
Sindt.
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; D. Krings, Chief Building Official; J. Hennen,
Planning Assistant/Zoning Enforcement Coordinator; A.
Brixius, Consulting Planner; C. Friedges, City .Clerk.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: Mr. Erickson requested the Council consider
receiving the resignation of Cable Board member Larry
Oreschnick under Other Business.
Mr. Erickson introduced several guests who offered their
congratulations to the City Council at the first official,
Council meeting i.n, and live broadcast from, the new Council
Chambers: Bill Macklin, State Representative, District 36B;
Eileen Tompkins,. State Representative, District 37A; Pat
Pariseau, State Senator, District 37; Bob Jensen, Legislative
Assistant to Bob Schmitz, State .Senator, District 36; Michael
E. Turner, Dakota County Commissioner, Fifth District; Sandy
Luedtke, Chairperson, District 194 School Board; Klaartje
Stegmaier, Chairperson, District 192 School Board; John
Bossardt, Bossardt Corporation, Construction Manager for City
Hall; and Gary Tushie, Tushi.e Montgomery Associates,
Architect for City Hall. Mayor Zaun presented each guest
with a City of Lakeville lapel pin. School District 196
Principal, Paul Baarson, and Dakota County Commissioner
Joseph A. Harris were unable to attend.
CHIEF OF POLICE:
Don Gudmundson gave a brief overview of the March Police
Department monthly report.
CITY OF LAKEVILLE COUNCIL MEETING
' APRIL 16, 1990
PAGE 2
PARKS & RECREATION DIRECTOR:
Steve Michaud gave a brief overview of the .March Parks &
Recreation .Department monthly report.
CITIZEN COMMENTS
Mr. Steve Hansen, representing Citizens Against a Proposed
Amphitheater, presented a petition containing 140 signatures
in opposition to the City granting an option to MJC
Development for the purpose of building an amphitheater.
Mayor Zaun indicated to Mr. Hansen that the Council will give
formal consideration to this petition under Item 10 on the
agenda.
Mr. Ace Raymond, representing the Parks & Recreation Advisory
Committee, commended the past and present administrative
staff and council for a job well done in planning .and
constructing the new City Hall.
PRESENTATIONS/RECOGrTITIONS
90.102 Councilmember Mulvihill read Resolution No. 90-36 proclaiming
the week of April 22-28, 1990, as Volunteer Recognition
Week. Mulvihill moved its adoption, Harvey seconded.
Roll call was taken on .the motion. Ayes, Ruhmann, Zaun,
Mulvihill, Harvey.
Rachel Helkenn, long time local volunteer, received the
proclamation.
90.103 Councilmember Ruhmann read Resolution No. 90-37 proclaiming
the week of April 29 - May 5, 1990, as American Home Week.
Ruhmann moved its adoption, Harvey seconded.
Roll call was taken on the motion. Ayes, Zaun, Mulvihial,
Harvey, Ruhmann.
Jim Emond received the proclamation on behalf of the Dakota
County Association of Realtors.
90.104 Councilmember Harvey read Resolution No. 90-38 proclaiming
the week of April 22-28, 1990, as Earth Week. Harvey moved
its adoption, Ruhmann. seconded.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun.
John Hennen and Elizabeth Halbach accepted the proclamation
on behalf of the City and Chamber of Commerce.
CITY OF LAKEVILLE COUNCIL MEETING
' APRIL 16, 1990
PAGE 3
90.105. Councilmember Mulvihill read Resolution No. 90-39 designating
May 5, 1990, as Arbor Day. Mulvihill moved its adoption,
Harvey seconded.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Mulvihill.
Steve .Michaud accepted the resolution on behalf of the Parks
& Recreation Department.
90.106 Councilmember Ruhmann read Resolution No. 90-40 supporting
the Dakota County Chemical Health Initiative. Ruhmann moved
its adoption, Mulvihill seconded.
Ro11 call was taken on the motion. Ayes, Ruhmann, Zaun,
Mulvihill, Harvey.
Mayor Zaun presented a plaque, on behalf of the City Council,
to former Postmaster Patrick J. Donnelly in recognition of
more than 27 years of service with the United States Post
Office.
.CONSENT AGENDA
• Councilmembers removed item 7a from the consent agenda, April
2nd. Council meeting .minutes; and added item 13, authorize
J.M. Montgomery & Assoc. to proceed with water quality
testing.
90.107. Motion was made by Harvey, seconded by Mulvihill to approve
the modified consent agenda and items as follows:
a. (Removed from .Consent Agenda)
b. Approve claims for payment.
c. Receive minutes of advisory committee meetings:
Planning Commission, April 5, 1990
Parks & Recreation Committee, April 4, 1990
Natural Resources Committee, April 3, 1990
Economic Development Commission,. March 27, 1990
d. Approve dance license for Lakeville High School SADD for
an event on Thursday, July 5th.
e. Approve a two year Hardware Maintenance Agreement with
Business Records Corporation for Optech III-P voting
equipment, and authorize the transfer of $1,092 from the
Contingency Fund to the Elections/Contractual Fund.
•
CITY OF LAKEVILLE COUNCIL MEETING
' APRIL 16, 1990
PAGE 4
f. Approve Change Orders No. 34, 35, 36, 38, 41, 42, 46, 47,
48, 50, 51, 53 and 55 for city hall.
g. Approve Resolution No. 90-41 receiving preliminary report
for Improvement Project 90-1, 205th Street and Hollins
Avenue, and calling a public hearing for May 7, 1990.
h. Approve on-sale non-intoxicating malt ]iquor license for
the Lakeville Lions Club.
i. Approve 1990 Youth Employment Program Worksite Agreement
with Scott County Human Service Department.
j. Approve Resolution No. 90-42 adopting a policy for
employee solicited donations.
k. Approve Resolution No. 90-43 adopting the position
classification and pay plan for exempt and non exempt
positions and setting forth the policy for administration
of the pay plan.
1. .Approve Resolution No. 90-44 designating exempt and non
exempt employees.
m. Adopt Ordinance No. 409 amending Title 4, Chapter 3 of
the City .Code concerning open burning.
n. Approve list of additional items to be sold at the City
auction, and authorize sale of seized vehicles by sealed
bids.
o. Endorse letter from Senior Coordinator on concept plan
for providing the community with a DARTS bus.
13. Authorize J.M. Montgomery & Associates to proceed with
water quality testing in accordance with their April 9,
1990, proposal.
Roll ca]1 was taken on the motion. Ayes, Zaun, Mulvihill,
Harvey, Ruhmann.
90.108 Motion was made by Harvey, seconded by Mulvihill to table..
approval of the April 2nd City Council meeting minutes to
allow correctionsjclarifications to be made.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun.
•
CITY OF LAKEVILLE COUNCIL MEETING
- APRIL 16, 1990
PAGE 5
ITEM 8
- Daryl Morey presented the application of John Friedges for a
conditional use permit to .allow outdoor storage, .sale. and
rental as an accessory use on his property at 9300 202nd
Street. He explained that the new. South Metro. Rental
Building is .located on this property, which is .zoned Planned
Unit Development. As part of the PUD Agreement, the
requirements of the B-4 zoning district still apply, and
outdoor storage, sale and rental is allowed by conditional
use permit.
Mr. Morey went on to explain that the South Metro Rental
Building meets City Zoning Ordinance and Minnesota Building ,
.Code requirements and is hooked up to City sewer and water..
He pointed out that Mr. Friedges has submitted a performance
bond to cover the cost of parking lot paving, striping and
lighting and landscaping improvements. He indicated that the
Planning Commission and staff recommend approval of the
conditional use .permit, with four stipulations.
90.109 Motion was made by Harvey, seconded by Mulvihill to receive
the Planning Commission's findings of fact.. and approve a
conditional use.. permit .for John Friedges to allow outdoor
storage, sales and rental as an accessory ..use at 9380 202nd
Street West.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Mulvihill.
ITEM 9
Alan Brixius of Northwest Associated Consultants presented
the application of School District No. 194 for a conditional
use permit to allow four portable classrooms at the Lakeville
Senior High School. He explained that the staff was
concerned with allowing a conditional use permit for
temporary classrooms without a specific time frame, as
temporary classrooms may ultimately become permanent
structures. Therefore, the staff recommends the conditional
use permit agreement be identified as a phased plan, with the
first phase to allow for the placement of the portable
classrooms, and the second phase contingent on the removal of
the temporary facilities at the end of the three year lease.
or as .permanent construction is completed, whichever occurs
first. Time extensions may be pursued if necessary. Mr.
Brixius indicated that prior to building permit approval,
areas where natural topography does not provide screening
would be addressed, as well as landscaping requirements.. He
also pointed out that this conditional use permit is
contingent upon the City Engineer's requirement that when,
and. if, a new entrance to Highway 50 is constructed, it would
line up with 192nd Street.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
PAGE 6
•
Councilmember Ruhmann indicated some concern over. the three.
year. time limitation. He felt that due to .the rapid growth
of the community, the portables may still be needed even
after the .construction of a new permanent structure. Mr.
Brixius explained that the residents who attended the public
hearing, as well as .the School District, support the time
limitation.
Councilmember Ruhmann also questioned the need .for screening
and suggested the money be put toward .making the buildings
more attractive. Councilmember Mulvihill stated she felt
some screening, for aesthetic reasons, is necessary but
agreed that it should be kept to a minimum.
90.:110 Motion was made by Harvey, seconded by Mulvihill to receive
the Planning Commission's findings of fact and approve a
conditional use permit for Independent .School District 194 to
allow four portable classrooms at the Lakeville Senior High
School.
Roll call was taken on the motion. Ayes,. Ruhmann, Zaun,
Mulvihill, Harvey.
ITEM 10
Mayor Zaun presented his position on -the request of MJC
Development for an option on 80 acres of city owned land at
County Road 70 and I-35. He stated that he had been somewhat
uncomfortable with the $7,500 figure discussed on April 2nd
and has done some additional research. on the value of the
property. He stated he shares the citizen's concerns about
the proposed project,. but feels that it must be given a
chance to be judged on its merits. He indicated.. he would
Like to see a project proposal on which to base that
judgement. He reiterated that the City does have a
requirement in the zoning ordinance that an application. for a
Planned Unit Development must be filed by the land owner of
the property included in the project.
90.111 Motion was made by Mulvihill to approve Resolution No. 90-45
'authorizing the City to enter into an Option Agreement with
MJC Development, Inc. for 80 acres of City owned land at the
intersection of County Road 70 and I-35 at a price of $12,500:
per acre; and' added that the execution of the Option
Agreement by the City does not constitute approval of -the.
proposed project. Harvey seconded, and stated he .would like
to see a full and proper presentation of the. project given to
the entire community
•
CITY OF LAKEVILLE COUNCIL MEETING
' APRIL 16, 1990
PAGE 7
I,
NSr. Erickson reminded those present that the project will
undergo an eight month review process, which would include
public comment.
Mr. Steve Hansen asked the City Attorney to read .the reverter
clause in the repurchase agreement as discussed by the
Council at their April 2nd meeting. Mr. Knutson read that
portion of the agreement as follows, "If the Optionor does
not complete the development, the Optionee shall have the
option to repurchase the subject property in accordance with
this Agreement."
Roll call was taken on the motion. Ayes, Zaun, Mulvihill,
Harvey, Ruhmann.
90.112 Motion was made by Harvey, seconded by Ruhmann to receive a
petition from 140 residents in opposition to MJC Development
receiving an option on City owned land for the purpose of
building an amphitheater.
Roll call was taken on the motion. Ayes, .Mulvihill, Harvey,
Ruhmann, Zaun.
ITEM 11
Following a short recess, Mayor Zaun .opened the public
hearing on proposed street and .utility improvements to
Judicial Road west of Orchard Lake, Improvement Project 89-9,
The ' :City Clerk attested to proper. publication and mailing of
legal notices.
Keith Nelson provided an overview of the project, which began
in June of 1989 with a petition from area residents
requesting an engineering study for the installation of city
water & sewer and pavement of Judicial Road between 175th and
168th Streets. The area is not presently served by public
sewer and water, and residents were concerned because some of
the alder on-site sewage treatment systems are failing. The
unimproved,. 22 foot wide,: Judicial Road presents. passage
problems during wet periods and dust problems in the summer
months.
Mr. Nelson explained that several neighborhood informational
meetings .were held to gather resident input and develop an
acceptable plan to extend public. services into the area, the
first being on September 14, 1989. The City Council. received
the outcomeJrecommendations of that meeting on September... 18th
and on November 20th authorized the firm of Orr, Schelen
Mayeron & Assoc. (OSM) to prepare a feasibility report on the
. proposed improvements.
CITY -0F LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
PAGE 8
Mr. Nelson then introduced Mr. Jim Norton, Senior Project
Manager for OSM. Mr. Norton explained that at another.
neighborhood meeting on February 22, 1990, several. options
were presented. The consensus of the residents.. .was to limit
the project to two alternative street alignments, identified
as Plan A and Plan B in the feasibility report. At the most
recent neighborhood. meeting, most residents preferred Plan B
and expressed an opposition to sidewalk construction on the
.east side of Judicial Road, south of the beach.
Mr. Norton introduced Don Stenzel, Project Manager for OSM,
who described in detail the alternatives outlined in the
feasibility report. He stated that the improvement area has
been separated into three segments: Segment No. 1 examines
the Judicial. Road alignment between 175th. Street and Orchard
Lake Beach; Segment No. 2 focuses upon that portion of Linch
Path which lies between Orchard Lake Beach and 170th Street;
and Segment No. 3 examines the area which lies between 170th
Street and 168th Street. He went on to explain that Linch
Path, a 30 foot wide, .fully dedicated right of way, parallels
Judicial Road ..approximately 250 feet to the west within
Segments 1 and 2. Most of the residents in Segment 2 are
provided access to their homes from Li.nch Path. However, the
Linch Path right of way within. Segment No. 1 has .never been
improved for roadway purposes. The area within Segment No. 3
is relatively undeveloped, with the two existing homes.
gaining access by way of Judicial Road. As in Segment No. 1,
Linch Path was platted to the west but never utilized.
Mr. Stenzel continued by describing the two most. popular
alternatives which resulted from the neighborhood .meetings.
Within Segment 1, the Plan A street alignment .substantially
follows the platted Linch Path alignment until reaching the
beach area, where the proposed street diverges east to .avoid.
the existing wetland. North of the beach area, the proposed
street rejoins the Linch Path alignment within Segment No. 2
where it remains until reaching 170th Street. From this
point, the proposed street continues north through Segment
No. 3 and curves eastward to connect with the existing 168th
Street. This plan provides for a standard 32 foot wide
street with concrete curb and gutter and a 60 foot right of
way/easement width for the entire length.
Within Segment 1, the Plan B street alignment substantially
follows .the existing Judicial Road alignment until passing
the point .where homes exist on both sides of the street. It
then .diverges to follow the Linch Path alignment as in Plan
A. The proposed alignment within Segment Nos. 2 and 3 are
identical to that proposed for Plan A. Plan B provides for a
' CITY OF LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
PAGE 9
24 foot wide street with bituminous curb and a 50 foot right.
of way/easement width within Segment Nos. 1 and 2. The
street section increases to the City standard 32 foot width
with. concrete curb and. gutter and a 60 foot right of
way/easement width in Segment No. 3.
Mr. Stenzel stated that as an option to the previous
description for .Plan B, the City Council may elect to
construct a 32 .foot wide street within Segment No. 2 .rather
than the 24 foot width. The. transition to the narrower
street would then occur at Orchard Lake Beach. This would
provide a City standard street from 168th Street to the
Beach.
Mr. Stenzel summarized the advantages and disadvantages of
each plan. Plan A would allow for standard width streets .and
right of way and would reduce the number of non conforming
lots, while the disadvantages include shared driveways. Plan
B would preserve the present street location and house
orientation .and .would be less expensive than Plan A. The.
disadvantages of Plan B include the. necessity to construct
non standard streets, perpetual existence of non conforming
lots, and the difficulty in sidewalk construction.
Mr. Stenzel then presented cost estimates, based on 1989
construction costs. Plan A: Total Construction Cost
$916,000; Total Project Cost $1,346,600; Total Assessable
Project Cost $1,107,600.. Plan B: Total Construction Cost
$855,800; Total Project Cost $1,265,400; Total Assessable
Project Cost $1,026,400. Plan A has 64 assessable parcels
and Plan B has 62 assessable parcels.
.Dennis Feller presented alternatives for financing
assessments, stating that historically the City has .levied
specials in existing neighborhoods .using equal principal
payments over a twenty. year period, (Method "A"). However,
because this is an unusually large special assessment for
residential property, three other. special assessment payment
alternatives have been prepared. .Financing Method "B" uses
even annual payments, with a total interest cost over the
twenty years of $4,543 more than Method "A". Methods "C" and
"D" both have the principal payment deferred for the first
five years. He explained that these methods might be
attractive to property owners who expect to have greater
earnings in future years, which would offset the higher
annual payments. It may also be of value to property owners
who wish. to develop the property but need more time.
Financing Method "C" uses even annual payments, starting in
the sixth year, while Method "D" uses even principal
payments. Interest costs for Methods "C" and "D" will be
greater than Methods "A" and "B".
CITY OF LAKEVILLE COUNCIL MEETING
• APRIL 16, 1990
PAGE 10
•
Mr. Feller also explained that some property owners might. be
entitled to Green Acres or Senior Citizen deferments.
Homesteaded property may qualify for Green Acres if it
contains ten acres or more and is actively and exclusively
devoted to agricultural use. A Senior Citizen deferment can
be granted to any person 65 years of age or older, or retired
by virtue of a permanent. and total disability. The deferment
ends and all accumulated amounts become due upon the death of
the owner or sale of the property.
Mr. Ralph Trabant, 17321 Kodiak Ave., asked how the City
arrived at an interest rate of 9% on the assessments, and. Mr.
Feller explained that Minnesota State Statute requires a city
to .levy 105% more than the interest rate on a bond sale to
assure that cities make their debt service payments.
William and Lisa Cahn, 17051 Linch Fath, told the Council
that they had not been notified of two neighborhood.
informational meetings. They stated their opposition to the
paving of Linch Path because they felt it would endanger
their .horses and cause a hardship on their boarding and
training business.
Mr. Erickson stated that the staff researched the conditional
use permit for the Cahn's public stable operation, which was
granted by Scott County for 10 acres of land they own in
Credit River Township. He indicated the operation is not a
permitted use. on the one -acre parcel they own in Lakeville,
and special permission would have to be granted in accordance
with the City's zoning ordinance for that use to continue.
The Cahns also asked who would be responsible for .replacing
the fence along their property when the street is widened.
Mr. Nelson indicated that matter would be addressed during
easement negotiations.
Maxine Johnson, 17030 Linch Path, expressed her opposition to
relocating Judicial Road around the lake, and stated she. does
not need or want city sewer and water extended to her
property due to footage from. the lake. She stated that she
too had not received notification of neighborhood meetings,
and requested information on the Environmental Impact Study
done on the marsh area. She asked why a feasibility study
had not been done on the cost of the project utilizing the
road as it currently exists, and stated she felt the
individual adjustments have added extra footage to the
project.
•
' CITY OF LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
PAGE 11
Mayor Zaun suggested the City staff respond to Ms. Johnson's
concerns, in writing, as time permits.
.Lon Hitch, 17105 Judicial Road, .stated that the majority of
the -residents in his neighborhood favor the 24 foot wide
street.
Tony Pecoraro, 17398 Judicial Road, stated that the consensus
of the. residents who live on the south .side of the lake is
for Plan B. They were against the shared driveway proposal
and felt there would be no room for sidewalks. He urged the
Council not to .delay this project due to the lake water
quality, dust & dirt problems and the concern the Health
Department has identified regarding the existing septic
systems.
Bea Johnson, 17328 Judicial Road, stated that the Plan B
alignment would cut through her property, eliminating one of
her two buildable lots. Mr. Knutson explained that the City
will compensate property owners for right of way. acquisition.
Mrs. Johnson. also asked if lake users should be required to
help pay for the. road improvements. Mr. Erickson explained
that the City pursued possible state grants, only to find
that there are no funds available. He also stated. the use of
Community Development Block: Grant funds was evaluated, which
could be available only to those persons who are income
eligible (meet the low to moderate income test) . He pointed
out, however, that the Federal government is considering
significant cuts in CDBG .funds, and no guarantees can be
given at this time. Mr. Erickson went on to explain that the
estimated volume of traffic in this area of Judicial Road (a
residential street) is considered low, and Minnesota State
Aid funds are only available to help pay .for the difference
between a residential equivalent size and the state aid width
requirement. He added that all Lakeville residents are
required to pay the costs for adjacent residential street
improvements.
Mr. Stenzel stated Mrs. Johnson's situation is unique, and
the staff will work with her on an individual basis.
Mr. .Buck, 17255 Judicial Road, asked who would be responsible
for the cost of fill around Orchard Lake Beach. Mr. Erickson
explained that improvements to the beach are not a part of
this project, and the City's park improvement fund would
cover those costs..
Tom Walz, 17355 Judicial Road, stated he prefers Plan B.
•
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
PAGE 12
90.113 Motion was made by Harvey, seconded by Mulvihill to extend
the Council meeting beyond the 10:.30 adjournment time.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Mulvihill.
Brian Seemann, 16885 Judicial Road, stated he is strongly in
favor of the project, and asked if all potentially developed
lots share the improvement costs. Mr. Nelson explained that
all property abutting the realignment that could be
subdivided is being assessed.
Councilmember Harvey stated that he would be reluctant to
approve construction of substandard streets because of
potential parking problems that could exist, and felt that
problems could also exist with the shared driveway concept.
Councilmember Mulvihill also voiced concern over the shared
driveway concept in Plan A.
Mr. Erickson stated that he must, from a professional
standpoint, support the project because of the non-conforming
lots, inadequate septic systems and pollution of Orchard
Lake. He pointed out that this particular project is not
easy because of the financial burdens involved, but the City
staff is willing to be flexible and tailor assessments to
individual financial situations. He further stated that. many
of the. issues expressed by the property: owners can only be
dealt with during the .design stage of the project, and urged
the Council to order preparation of plans and specifications
so design can begin. He also stated that all right of way
issues would be worked out before actual construction would
begin.
90.114 Motion was made by .Harvey, seconded by Mulvihill to close the
public hearing.
Roll call was taken on the motion. Ayes, Ruhmann, .Zaun,
Mulvihill, Harvey.
90.115 Motion was made by Harvey, seconded by Mulvihill to approve
Resolution No. 90-46 ordering .Improvement. .Project 89-9, West
Orchard Lake Area, along Plan B, with Segment 1 having a 24
foot wide street with no sidewalk and Segments 2 and 3 having
a 32 foot wide street with sidewalk.
Roll. ca]1 was taken on the motion. Ayes, Zaun, Mulvihill,
Harvey, Ruhmann.
•
CITY OF LAKEVILLE COUNCIL MEETING
' APRIL. 16, 1990
PAGE 13
ITEM 12
Jim Robinette introduced the application of B & S Tire for a
conditional use permit to operate a retail fire service store
in a .portion of the existing Interstate Car Wash building at
21178 Kenrick Avenue. The property is currently zoned B-4.
Mr. Robinette presented a video of the business as it
currently exists, indicating that the business has located at
this site without necessary City approvals.
Alan Brixius stated that the City must determine whether the
proposed retail fire operation is an appropriate and
compatible use within the McStop PUD and if any .outdoor
storage is acceptable in terms of the plan's overall
architectural appearance and functional plan. He stated that
the following concerns were raised by staff in reviewing this
application: i) Servicing of semi-trailer trucks can .only
occur outside the confines of the building, which may
potentially impact the circulation patterns of the car wash
facility. 2) Site plan does not indicate storage area of
semi-trailer type tires and refuse tires;. outside storage of
tires is generally inconsistent with the balance of the PUD.
3) Designated customer waiting area has not been addressed
• within the B & S Tire operation. 4) Overall building layout
raises .concerns regarding the operation's relationship and
compatibility with adjacent car wash .use; operation appears
to be too large for the wash bay.
Mr. Brixius went on to state that the Planning Commission
recommended approval of the conditional use permit with seven
conditions. The Commission chose to eliminate an eighth
condition that was recommended by staff, which required the
car wash and fire facility to become a part of the McStop PUD
Association. The staff, however, recommends. that condition
remain a part of the permit.
Mr. Erickson suggested the Council table this item to allow
the applicant time to clean up the site and to allow City
staff to meet with the owner, applicant and Association.
90.116 Motion was made by Harvey, seconded by Mulvihill to table
consideration of the application of B & S Tire for a
conditional use permit to operate a retail fire .service store
until the next regular scheduled Council meeting.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun.
•
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 16, 1990
PAGE 14
ITEM 14
90.117 Motion was made by .Harvey, seconded by Mulvihill to increase
the subsidy for waste haulers from $20 to $30 per ton, with
an additional monthly subsidy of $.50 per multi-family unit.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, Mulvihill.
OTHER BIISINESS
90.118 Motion was made by Ruhmann, seconded by Mulvihill to
acknowledge receipt of the letter of resignation from Larry
Oreschnick from the Cable Board, recognizing that Mr.
Oreschnick is the last of the original Cable Board members,
and. authorize presentation of a plaque to him on behalf of
the Council at the next regular meeting.
Roll call was taken on the motion. Ayes, Ruhmann,. Zaun,
Mulvihill, Harvey.
Mr. Steve Hansen presented an ordinance adopted by the City
of Apple Valley declaring a moratorium on amphitheaters.
• 90.119. Motion was made by Harvey, seconded by Mulvihill to receive
City of Apple Valley Ordinance No. 457 and forward it to City
staff for review.
Roll call was taken on the motion. Ayes, Zaun, Mulvihill,
Harvey, Ruhmann.
90.120 Motion was made by Harvey, seconded by Mulvihill to schedule
a Council work session for Monday, May 14th, 7:00 p.m. for
the purpose of discussing the Argonne Farms drainage issue.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey,
Ruhmann, Zaun.
90.121 Motion was made by Harvey, seconded by Ruhmann to adjourn the
council meeting.
Ro11 call was taken on the motion. Ayes, Harvey, Ruhmann,
Zaun, .Mulvihill.
Time: 11:40 p.m.
Respectfully .submitted,
i
Charlene Friedges, City erk Du ne Zaun, M r