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HomeMy WebLinkAbout07-05-89 e 3 CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 1989 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 Nelson, Enright, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Feller, Finance Director; D. Morey, Assistant Comm. Development Director; D. Gudmundson, Chief of Police; D. Bale, Sr. Park Ranger/Admin. Asst.; C. Oace, Media Consultant; C. Friedges, Acting City Clerk. Staff Announcements: Attorney: none. Engineer: Keith Nelson informed the council that the developer of the Rolling Oaks plat had contacted him and requested additional time to complete the erosion control work in Rolling Oaks plats 5 and 6, rather than allowing the city to draw on the cash escrow to have the work completed. Mr. Nelson recommended the Council table Item 7j at this time.. Administrator: none. Citizen Comments: Steve Adochio, Pan-O-Prog Chairman, introduced Stephanie Henrichs, Miss Lakeville 1988; Joan Sjoquist, 1990 Pan-O-Prog Chair; and Mitch Akin, 1990 Parade Chair. Mr. Adochio briefed the council on the success of the watercross and fireworks events and thanked the council for their support. Presentations/Recognitions: Daryl Morey assisted the mayor in drawing four Cash-in on Recycling winners for the weeks of June 17 and June 24. The winners were: Mike Kjar, 17317 Ixonia Path; Burt Dahlberg, 16135 Linch Avenue; Dale Silvernale, 17575 Iceland Trail; and Harry Deisher, 11401 162nd St. Mayor Zaun presented a plaque to Steve Sizer for his years of excellent service on the Planning Commission. Mr. Sizer expressed his apprecia- tion and thanked the council. Mayor Zaun also presented a plaque to Bill Macklin for his years of service on the Economic Development Commission. Mr. Macklin expressed his appreciation and thanked the council. ! • CITY COUNCIL MEETING JULY 5, 1989 Consent Agenda: The council removed item 7j from the consent agenda as per the recom- mendation of the City Engineer. Ms. Debbie Wagner was present on behalf of Colleen McDonald's applica- tion for an outdoor dance license for Pan-O-Prog, and the city adminis- trator asked to meet with her briefly to discuss noise level. As per the request of Mr. Don Lenkszus, the council removed the June 19th minutes from the consent agenda. 89.258 Motion was made by Harvey, seconded by Sindt to adopt the modified consent agenda. a. (Removed from consent agenda) b. Claims for payment. c. Receive advisory committee meeting minutes: Planning Commission, June 15th Natural Resources Committee, June 20th Parks & Recreation Committee, June 21st d. Final acceptance of utilities and streets in the Lake Villa Golf Estates 2nd Addition. e. Agreement with Don Wood and addendum to the development contract for Orchard Lake Hills. f. Settlement with Michael McNamara regarding an assessment appeal on 165th Street W., Project 86-15. g. Receive feasibility report on Kingsley Cove, and authorize Donohue & Associates to prepare plans and specifications subject to receipt of $8,900 deposit from James Development. h. Resolution calling a public hearing for July 17th to assess the cost of weed removal from two parcels, 16538 Gerdine Path and 9861 207th St. W. i. Specification and notice for sale of a 1986 Chevrolet Corvette Convertible. j. (Removed from consent agenda.) k. Receive letter of resignation from William Macklin, Economic Develop- ment Commission. 1. Amended resolution for vacation of streets in Marion Village by the Lake. 2 • CITY COUNCIL MEETING JULY 5, 1989 m. Dance license application from Colleen McDonald for an outdoor dance on July 6, 1989. n. Special assessment agreement with Lynn Peterson for water and sewer hook-up charges. o. Designation of County Road 46 as a county state aid highway between Dodd Boulevard and Pilot Knob Road. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 7a. Don Lenkszus questioned the word "considering" in motion 89.244 of the June 19th council meeting minutes. It was the consensus of the council that the motion remain as written. 89.259 Motion was made by Harvey, seconded by Nelson to approve the minutes of the June 19, 1989, council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 7j. Councilman Harvey asked the city engineer if it is in the City's best interest to delay this erosion control project another two weeks. Mr. Nelson indicated he feels the erosion control work can be satisfactorily accomplished whether it is completed now or in two weeks, and he recommended the council give the developer the chance to complete the work. 89.260 Motion was made by Harvey, seconded by Sindt to table authorization of erosion control work in Rolling Oaks plats 5 and 6 until the July 17th council meeting as per the city engineer's recommendation. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Jim Robinette presented a revised Raven Lake preliminary plat and stated the developer is requesting council approvol of this plat, in which one lot in block 4 has been removed, creating lots with 17,922 to 27,530 square feet. He also informed the council that the developer's engineer, Brandt Engineering, had done a very thorough analysis of housing values versus lot width in the Woodridge area. The developer, Tom Crouch, addressed the council and stated that one lot had been removed from block 4 and the area spread evenly among the remaining seven lots. He feels this is a good transition with the Woodridge Estates plat based on the findings of fact and Planning Commission recommendation. 3 CITY COUNCIL MEETING JULY 5, 1989 Mayor Zaun addressed the issue of extending Java Trail north to 182nd Street and stated that this extension was proposed years ago when the Woodridge 3rd Addition was originally approved. Councilmember Sindt concurred with the mayor's findings on the Java Trail extension and thanked Mr. Crouch for his work. Mayor Zaun stated he had done some research and feels that the modifi- cation to the proposed preliminary plat is in keeping with the intent of our comprehensive plan and zoning ordinance at this time. Councilmember Nelson stated how difficult it is for the council to visualize an area overall with more than one developer, and informed the citizens present that the council tries to come up with a reason- able compromise. He feels the developer in this case has been reason- able and feels the proposal presents an orderly transition. He thanked the staff for the information they provided. Councilmember Enright stated this plan offers the best possible transition. Councilmember Harvey stated that the Brandt Engineering report, with the attached plat maps, reinforced his decision that fewer lots were needed in the Raven Lake plat. The lots are still smaller than the Woodridge 3rd Addition lots, but he feels some transition has been met. Mayor Zaun reminded the citizens present that the lot sizes in Wood- ridge 3rd Addition were not required by the City Council at the time of platting, and the present council cannot require a developer to match those sizes. Councilmember Harvey referred to the findings of fact and questioned Outlot B having 0 width. Roger Knutson recommended combining Outlot B with lot 1, block 1 in No. 5 of the findings of fact, for a total of 126,881 square feet and 213 feet of width. Mayor Zaun reviewed the conditions of the findings of fact as recom- mended by the Planning Commission. 89.261 Motion was made by Sindt to approve the findings of fact and prelimi- nary plat of Raven Lake as presented. Mr. Ron Pie asked why the staff did not consider the removal of two lots. Bob Erickson explained that the staff did consider the removal of two lots and had reached a consensus that they would be, "skating on thin ice", by doing so because the transition would be too extreme and the City would not be able to defend its position in court if it forced the developer to remove two lots. He further stated that the staff had met with the developer, who reluctantly agreed to the reduction of one lot. 4 . , CITY COUNCIL MEETING JULY 5, 1989 Councilmember Harvey seconded Sindt's motion. Citizens present asked why they were not being given a chance to speak, and the council stated they are well aware of the citizens' feelings and asked for any new information they had to offer. Bob Brantly stated his home in Woodridge is appraised at $427,000 and he does not feel this is a good transition. Dale Lappi asked why the city can't try to litigate. Councilmember Harvey stated the Lakeville City Council has historically been more litigious than other councils and normally prevail because of the legal advice they get. Mr. Lenkszus accused the council of reacting to a litigation threat by the developer. Councilmember Nelson referred to a court case where the city had asked a developer for larger lots and, as a result, ended up in court, as referenced in item 10 of the findings of fact. He tried to assure the citizens that the council is not making a decision based on a litiga- tion threat. Jim Robinette informed the audience that the staff has considered the proposal that removes one lot on the basis of whether it would provide a good transition and not on the basis of a possible lawsuit. Bob Erickson informed the audience that the staff had examined many things to determine what was in the City's best interest, including the setting of precedents. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Tom Crouch stated he intends to develop a subdivision that the neigh- bors and city will be proud of. Mr. Lappi stated he did not think the concerns of the Woodridge residents had been heard by either the Planning Commission or the Council. At this time, the council took up consideration of the audio/visual bid package for city hall. Chris Oace explained that the original specifi- cations prepared by Orfield Associates were incomplete, in that they did not include video display needs of the council chambers, leaving cameras and other video production equipment out. The final document merges the audio and video specifications into one unified bid package. Oace recommended the council reject the original bids and use the new combined bid package. to avoid having multiple contractors working on a single system. 5 • ~ ! CITY COUNCIL MEETING JULY 5, 1989 89.262 Motion was made by Harvey, seconded by Enright to adopt Resolution No. 89-95 rejecting the audio visual contract bids for the city hall and include the attachment prepared by Chris Oace outlining his recommenda- tions. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 89.263 Motion was made by Sindt, seconded by Nelson to approve the plans and specifications on audio/visual equipment for the city hall and author- ize advertisement for bids to be opened on July 26, 1989. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Daryl Morey outlined the aspects of Mr. Glenn Olson's application for a conditional use permit to allow an accessory building which would exceed height and size requirements and be constructed of metal materials. Mr. Olson was present and stated his intent to remove two and repair and paint three of his seven existing accessory buildings. Councilmember Sindt asked Mr. Olson to be aware that this area may some day be included in the Metropolitan Urban Service Area. She also asked Mr. Morey to confirm the agricultural use of this land, which is zoned R-2, and Mr. Morey confirmed. Mayor Zaun asked Mr. Olson about the fence around his property, and Mr. Olson stated he would remove some of it to erect the building. 89.264 Motion was made by Harvey, seconded by Enright to approve a conditional use permit for Glenn Olson to construct an accessory building on his property located on Pilot Knob Road, and approve the Planning Commis- sion's findings of fact dated June 15, 1989. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Bob Erickson explained that Item ~~12 evolved from an investigation of the parking spaces required at the Mr. Sparkle car wash, which has more than two wash bays in the recent expansion plans. Staff concurred that the ordinance should be amended from a minimum of two parking spaces to one parking space per wash bay. 89.265 Motion was made by Harvey, seconded by Nelson to adopt Ordinance No. 380 amending Section 12.8 of the zoning ordinance regarding parking space requirements for self-service car wash establishments. 6 i i i CITY COUNCIL MEETING JULY 5, 1989 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 89.266 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 381 amending Section 7.7.3 of the Sign ordinance concerning total sign area of billboards. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.267 Motion was made by Enright, seconded by Nelson to approve an amendment to the Comprehensive Plan to revise the proposed generalized land use plan in accordance with recommendations contained in the planning report from Northwest Associated Consultants dated June 8, 1989. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Jim Robinette briefed the council on the request of Friedges Landscap- ing for city sewer to his property at the intersection of Dodd Boule- vard and Highway 50. This proposed minor comprehensive plan amendment would bring the property into the Year 2000 Urban Service Area. 89.268 Motion was made by Enright, seconded by Sindt to approve a minor comprehensive plan amendment for Friedges Landscaping Company for 10.4 acres of property located southwest of Dodd Boulevard and Trunk Highway 50, subject to forwarding the amendment to the Metro Council. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.269 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 382 amending Title 5 of the City Code concerning animals (potentially dangerous dogs). Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Dan Bale spoke to the council on the need for increased authority of park rangers to write parking tickets in city parks, especially near boat launch facilities. He reminded the council of a new law which states that tickets must be issued at least four hours in advance of towing a vehicle. Councilmember Sindt expressed concern over park department personnel having police duties, such as ticketing parked cars. Don Gudmundson responded that the time may come when park rangers are under the power of the police department rather than the park department. 7 ~r s ~ CITY COUNCIL MEETING JULY 5, 1989 Bob Erickson stated that the position of park ranger, at present, is seasonal, and it may be time to include animal control and community service duties on a year round basis. Councilmember Harvey stated he would like to see consideration given to place the park ranger under police department, rather than park department, supervision Bob Erickson stated the staff will meet in an effort to analyze the duties and responsibilities of the park ranger, community service officer and animal control services in an effort to coordinate and combine these into one full time position. 89.270 Motion was made by Enright, seconded by Sindt to adopt Ordinance No. 383 amending Title 7, Chapter 1 of the city code concerning parking within city parks. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 89.271 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 384 amending Title 7, Chapter 1 of the City Code concerning city park rules. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Jim Robinette explained the purpose of an amendment to the 1989 solid waste. abatement work plan budget. The City finds it necessary to procure another $20,000 from the $75,000 that is available to the City from Dakota County for 1989 due to our successful recycling program in Lakeville. Councilmember Harvey asked if using this money at this time will affect our 1990 allotment, and Robinette stated this $75,000 has been allotted for 1989 alone. Dennis Feller stated he concurs with this budget amendment. 89.272 Motion was made by Enright, seconded by Nelson to approve the amended budget for the Lakeville recycling program and authorize amendment of the joint powers agreement with Dakota County to reflect this budget amendment. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 8 • e `e CITY COUNCIL MEETING JULY 5, 1989 Other Business: Councilmember Nelson brought the following concerns to the staff's attention: 1. Weeds on the property east of Fire Station 3 2. Parking at Cross Nursery 3. Trees obstructing 208th St. intersection in Clay's Acres 4. Welcome to Apple Valley sign in Lakeville 5. Retaining wall on 175th Street near Tom Thumb 6. Spring and drain the on Ipava and 160th St. Staff informed the council that these concerns will be addressed. Councilmember Enright suggested the staff provide advisory committee applicants with a job description and other pertinent information about the committee they are applying for before they appear before the council for an interview. The council set aside Monday, August 14th, to continue interviews with applicants for advisory committees, with interviews to begin at 6:30 p.m. The Council will hold a work session following the interviews to consider a consultant selection process for the comprehensive water study. 89.273 Motion was made by Harvey, seconded by Sindt to adjourn the meeting. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Time: 9:20 p.m. Respectfully submitted, Charlene Friedges, Acting Ci Clerk Du ne Zaun, Ma 9