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HomeMy WebLinkAbout03-05-90 CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 The meeting was called to order by Mayor Zaun at 7:15 p.m. The pledge of allegiance to the flag was .given. Roll call was taken. Presents Councilmembers Mulvihill, Sindt, Harvey and Mayor Zaun. Absent: Councilmember Ruhmann. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. .Nelson, City Engineer; D. Feller, Finance Director; J. Robinette, Community Development Director; D. Licht, Consulting .Planner; D. Gudmundson, Chief of Police; D. Krings, Chief Building Official; D. Morey, Asst. Community Development Director; K. Raun, ALF Ambulance Director; C. Oace, Cable Coordinator; C. Friedges, City Clerk. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: None. • ALF AMBULANCE DIRECTOR: Councilmember Sindt introduced Mr. Kevin Raun, Director for the Apple Valley, Lakeville, Farmington Ambulance Service. Mr. Rerun presented the 1989 annual report and gave a short background on how the ALF Ambulance Service began in 1985 with the signing of a joint powers agreement between the three cities. Councilmembers commended the ALF Ambulance for their outstanding service.. 90.52 Motion was made by Harvey, seconded by Sindt to receive the ALF Ambulance Service 1989 Annual Report. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey. 90.53 Motion was made by Sindt, seconded by Harvey to express the City's appreciation to the ALF Ambulance Director, and authorize City staff to write a letter to ALF Ambulance personnel expressing the City's appreciation for their outstanding service. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Zaun. CITIZEN COIrI1~IENTS Mr. Steve Adochio, 1989 Pan-O-Frog President, along with Ms. Joan Sjoquist, 1990 President, appeared before the City Council with an update on the 1990 Pan-O-Frog Festival CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 2 scheduled for June 30 through July 8. Mr. Adochio outlined some of the scheduled events and asked the City. Council to consider donating $4,000 to Pan-O-Frog to help finance the July 4th fireworks display. The Council indicated that the money has been included in he 1990 budget in anticipation of Pan-O-Frog's request. The City Administrator asked Mr. Adochio to consider a formal dedication of the new City Hall be included as a Pan-O-Frog event, and suggested it take place following the parade on .July 8th. 90.54 Motion was made by Mulvihill, seconded by Sindt to donate $4,000 from the Liquor Fund to Pan-O-Frog to help finance the July 4th fireworks display. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Mulvihill. Ms. Sandra Kashawny, 10566 166th Street West, appeared before the City Council and presented a written statement regarding her neighbor's air conditioning unit. She stated she feels her complaint against her neighbor is a legitimate one, and requested answers to questions regarding the adoption of a City ordinance which allows air conditioning units to be • placed in the side yard. Mayor Zaun stated that the City Council has been apprised of Ms. Kashawny's concerns by City Staff, and he invited her to meet with him regarding her concerns. He indicted he will respond to her questions, in writing, on behalf of the City Council. PRESENTATIONS/RECOGNITIONS None. CONSENT AGENDA The Council removed item 7e, resolution calling public hearing for modification of Despatch Industries and Toro Tax Increment Districts; and item 7f, resolution designating tax forfeited parcels as conservation or non-conservation. The Council added item 10, rezoning of Lots 1-10, Block 1 and Outlot A of .South Creek Addition from R-4 to R-2; item 11, rezoning of Lot 1, Block 1, Valley Christian Church Addition from R-7 to R-4; and item 12, approval of a major comprehensive plan amendment to revise the generalized land use plan for the I-35/County Raod 46 freeway interchange. 90.55 Motion was made by Harvey, seconded by Sindt to approve the modified consent agenda and items as follows: • CITY OF LAKEVILLE COUNCIL. MEETING MARCH 5, 1990 PAGE 3 a. Approve minutes of the F®bruary 20, 1990 Council meeting. b. Approve claims for payment. c. Receive minutes of advisory committee meetings: Planning Commission, February 15th Park & Recreation Committee, February 21st Natural Resources Committee, February 20th Cable TV Board, February 13th d. Approve Resolution No. 90-20 adopting the 1990 schedule of fees. e. (Removed from Consent Agenda). f. (Removed from Consent Agenda). g. Approve Resolution No. 90-23 establishing rules and rental fees for use of City parks and properties. h. Approve license for mechanical amusement devices at Pizza Hut, 10900 173rd Street. i. Approve policy for duplicating and viewing video tapes of public meetings. • j. Approve change order number 30 for city hall. 10. Adopt Ordinance No. 404 rezoning Lots 1-10, Block 1, and Outlot A, South Creek Addition, from R-4, Single and Two Family Residential District, to R-2, Single Family. Residential District. 11. Adopt Ordinance No. 405 rezoning Lot 1, Block 1, Valley Christian Church Addition, from R-7, High Density Residential District, to R-4, Single and Two Family Residential District. 12. .Approve a major comprehensive plan amendment to revise the generalized land 'use plan for the I-35/County Road 46 freeway interchange. Roll call was taken on the motion. Ayes, Harvey, Zaun, Mulvihill, Sindt. ITEM 7E Councilmember Sindt stated she removed this item from the consent agenda because the agenda as written did 'not include • the date and time of the public hearing. CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 4 • 90.56 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 90-21 calling a public hearing for Monday, April 2, 1990, at approximately 7:00 p.m. at the Council Chambers located at 20195 Holyoke Avenue, at the request of the Housing and Redevelopment Authority in and for the City of Lakeville, on the proposed modification of the Downtown and Airlake Redevelopment Projects and Modification of the Tax Increment Financing Districts within the Redevelopment Projects and the proposed approval and adoption of modified redevelopment plans and tax increment financing plans relating thereto. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey. ITEM 7F The Finance Director explained that prior to the sale of tax forfeited lands by the County, the Auditor is required to have the municipalities designate such parcels as conservation or non-conservation. He went on to explain that a municipality could request the transfer. of certain parcels to the City for conservation purposes to facilitate the economical and adequate provision of transportation, roads, water supply, drainage, sanitation, education and recreation. Conservation lands are claimed by a municipality to conserve and develop natural resources, while non-conservation lands are sold at public auction. The City Engineer showed overhead maps of the individual tax forfeited parcels located in Lakeville and pointed out the four parcels that the City is recommending be classified as conservation. The four parcels are identified as parcels A, C, D and E on the Engineer's map on file in the City Clerk's office. Parcels A and E are substandard in size and cannot be .built upon unless combined with an adjoining parcel. The staff is recommending these be designated as conservation to avoid acquisition costs for future road improvements. Parcel C is an outlot of Lake Villa Golf Estates. Staff is recommending this be designated as conservation because of a major storm drainage pond in the northern third of the parcel. According to the County Auditor, the developer wants to sign a Confession of Judgment and repay the taxes due on this parcel over a period of time. If this happens, the property would. not be available for City purposes. If the developer fails to pay according to the judgment, the City may have the opportunity. to acquire. part of the parcel for drainage and • utility easements. CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 5 Parcel D is also substandard in size, and staff is recommending it be designated conservation to avoid acquisition costs for future road improvements. A small building exists on this parcel, and the condition of the well and septic system are unknown. 90.57 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 90-22 designating tax forfeited parcels as conservation or non-conservation. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Zaun. ITEM The City Engineer presented the Minnesota Department of Transportation's Preliminary Layout No. 2A for the reconstruction of Trunk Highway 50 between Dodd Boulevard and Kenwood Way. Mr. Nelson explained that this is primarily a safety improvement project which would straighten out the curves on that portion of Highway 50. Mr. Nelson went on to explain that the City approved Layout No. 2 last October with a stipulation that a left turn lane be added for west bound traffic on T.H. 50 at India Way. Layout No. 2A has been revised according. to the City's request. Mr. Nelson explained that the plans include reconstruction of approximately 300 feet of Jaguar Avenue between the Soo Line Railroad and T.H. 50. City staff is requesting .that an eight foot bike path be constructed along. the west side of this roadway to conform with the City's Comprehensive Trail Plan. Mr. Nelson stated that the $1.6 million project is scheduled for the 1992 construction season, and Mn/DOT has estimated the City's portion of costs to be approximately $311,000 for storm sewer, concrete curb and trail. Councilmember Sindt asked about the possible second entrance to the high school at 192nd Street. Mr. Nelson explained that. since the school district is uncertain about expansion plans at the high school, this layout still provides for full access at both the present driveway location and future location at 192nd Street. Mn/DOT Representative Jack Krasky was present and indicated that the State Right-of-Way Office would start contacting property owners this summer for easements. • CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 6 • 'Mayor Zaun suggested that staff conduct an informational meeting with the property owners involved sometime this spring. Mr. Erickson suggested a joint meeting between the City, State and residents. could be held prior to initial right-of-way contact. 90.58 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-24 approving Layout No. 2A for upgrading Trunk Highway 50 between Dodd Boulevard and Kenwood Way. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Mulvihill. ITEM #9 Daryl Morey gave a brief introduction to the request of Lynn and Karen Peterson for a conditional use permit to allow a single family residential dwelling height in excess of 25 feet in an R-2, Single Family Residential District. He explained that the house, which is currently under construction, is located on 175th Street near Java Court. The lot which the house is located on is 1.15 acres in size and heavily .wooded. There is no existing neighboring house within 100 feet of the Peterson house. Mr. Morey went on to explain that the average mean height of the Peterson house is approximately 28 feet, except for a turret which rises to a height of approximately 35 feet. The turret was not shown on the original building plans submitted to the Building Department, and was discovered by .staff after it was already under construction. The maximum building height allowed in an R-2 District is 25 feet; however, a conditional use permit may be granted for building height in excess of 25 feet. Mr. Morey stated that the Planning Commission recommended approval of the conditional use permit, pointing out that the Peterson house is very secluded on their heavily wooded lot. Councilmember Sindt asked if this lot could ever be subdivided. Mr. Morey indicated that it could be, however, there is a cable easement along the west one-third of the property which could cause some constraints. Si.ndt suggested a condition that the lot cannot be subdivided be added to the conditional use permit. Mayor Zaun voiced his concern with this conditional use permit being granted to the property, which would carry forward to any future buildings that may be constructed. on this site. He suggested the staff consider the • appropriateness of utilizing a conditional use .permit when CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 7 • height limitations are exceeded, and also review the mean elevation criteria for measuring the height of structures. 90.59 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's findings of fact and approve a conditional use permit to Lynn and Karen Peterson to allow a single family residenta.al dwel]ing height in excess of 25 feet at 10300 - 175th Street, with the conditions that the parcel cannot be subdivided and the house must be constructed in accordance with the revised building plan. Roll call was taken on the motion. Ayes, Harvey, Zaun, Mulvihill, Sindt. ITEM 13 Jim Robinette explained that the proposed Lake Villa Golf Estates 6th Addition is a replat of the old Club Park Addition south of Orchard Lake near Lake Villa Golf Estates and the Orchard Lake Estates plats. The proposed plat consists of 27 single family lots and three outlots. Mr. Robinette went on to explain that the residents of the nearby subdivisions have raised questions concerning lot size and grading in the proposed plat. The residents petitioned the Environmental Quality Board to prepare an Environmental Assessment Worksheet on the plat, and the EQB has determined that the City of Lakeville is the appropriate governmental unit to decide the need for an EAW. City staff met with the residents to discuss their concerns. As a result of that meeting, the residents withdrew their request for an EAW, acknowledging that the level of staff review, at this point, would far exceed the benefit of an EAW, and the EAW process would only hold up the developer. Mr. Erickson pointed out that the staff would work .toward drafting a development agreement that would be beneficial to the City, developer and residents. The agreement would address issues such as tree preservation, grading concerns, and would provide the necessary sureties to assure that these issues are backed up. He stated that this document would be more beneficial to environmental issues than the EAW would be. Mr. Dennis Gillespie, 17542 Kodiak Court, stated he represents the 85 petitioners .for the EAW, who initially felt that the City. and developer did not show enough interest in their concerns related to grading and drainage. He stated that four out of six issues were put to rest in their meeting with City staff, and indicated they have withdrawn their • request for an EAW. CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 8 • Harve that the Cit of 90.60 Mota.on was made by Sindt, seconded by y y Lakeville finds that an Environmental Assessment Worksheet for the proposed Lake Villa Golf Estates 6th Addition is not necessary; and to approve Resolution No. 90-25 adopting the Findings of Fact and Conclusion Regarding Petition for an EAW. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey. ITEM #14 90.61 Motion was made by Sindt, seconded by Mulvihill to reappoint members who have requested reappointment. to advisory committees: PLANNING COMMISSION, Terrance Langhorst and Whitey Whitehouse, terms expiring on 1/1/93; PARKS & RECREATION COMMITTEE, Howard Lovelace, Kevin Illa, Ace Raymond, terms expiring on 1/1/93; NATURAL RESOURCES COMMITTEE, Robert Nicholson and David DeBuhr, terms expiring on 1/1/92; CABLE TV BOARD, Richard Schwartz, Larry Oreschnick, Greg Maliszewski, Dick Jacobson, terms expiring. on 1/1/92; ECONOMIC DEVELOPMENT COMMISSION, Randy Berg, Ben Meledandri, Jack Matasosky, terms expiring on 1/1/93. • Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Zaun. 90.62 Motion was made by Sindt, seconded by Harvey to authorize the City Administrator to advertise vacancies on the Planning Commission and Natural Resources Committee. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Mulvihill. 90.63 Motion was made by Sindt, seconded by Mulvihill to authorize the City Attorney to draft a revision to Resolution No. 82-32, which establishes a Cable TV Board, to incorporate membership from School District No. 192, and to further insert a provision that all school district representatives reside in the Star Cablevision area. Ro11 call was taken on the motion. Ayes, Harvey, Zaun, Mulvihill, Sindt. 90.64 Motion was made by Harvey, seconded by Sindt to adjourn the Council meeting. Roll call was taken on the motion.. Ayes, Zaun, Mulvihill, Sindt, Harvey. ~ t CITY OF LAKEVILLE COUNCIL MEETING MARCH 5, 1990 PAGE 9 Time: 9:00 p.m. Respectfully submitted, Charlene Friedges, City Cl k Dua a Zaun, Ma o