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HomeMy WebLinkAbout09-20-99 • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 Mayor Zaun called the meeting to order at 7:00. p.m. The pledge of allegiance to the flag was given. Roll call was taken... Present: Council Members Ryan, Sindt, Mulvihill, Luick and Mayor Zaun. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the August 16t" Council work session, the September 7t" regular Council meeting and the September 14t" special Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR:. At the City Administrator's request, Item 5b was removed from the agenda. PARKS & RECREATION DIRECTOR: Steve Michaud presented the August Parks & Recreation Department monthly report. Mr. Michaud then acknowledged, with a video presentation, the seasonal employees who worked in various city departments during the past summer. CHIEF. OF POLICE: Chief Martens presented the August Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Police Officers Adam MacDonald and Thomas Seykora. Mayor Zaun administered the oath of office to the new officers. r CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 2 Mr. Bob Temple, General Manager of Thisweek-Life & Times, made a brief presentation regarding the combined publication of the two newspapers, Life & Times and Thisweek .News. CITIZENS' COMMENTS None CONSENT AGENDA Council Members removed Item 7i from the consent agenda. 99.167 Motion was made by Mulvihill, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. August Investment Report. c. Receive minutes of the following advisory committee meetings: Economic. Development Commission, August 24, 1999 Ames Ice Arena Committee., September 1, 1999 • d. Receive bids and award contract to Veit & Company, Inc. in the amount of $32,710 for demolition of the former Wren building and Main Street Automotive building, Improvement Project 99-24. e. Resolution No. 99-225 accepting a sustaining grant from DARE Minnesota. f. Subgrantee Agreement with the Dakota County HRA for administration of the 1999 Community Development Block Grant. g. Conditional use permit to allow the expansion of anon-conforming single-family home at 20565 Howland Avenue. h. Special Assessment Agreement with Walter and Wendy Clapp, 16420 Klamath Trail i. (Removed from consent agenda) j. Final acceptance of street improvements, Cherry Fields First Addition. k. Final acceptance of street improvements, Kenridge 2"d Addition. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 3 i I. Change Orders No. 2 and 3 with Shank Constructors for rehabilitation of Lift Stations 6, 11 and 12, Improvement Project 98- 12. m. Airlake Development Third Addition trunk watermain reimbursement. n. Resolution No. 99-227 calling a public hearing for proposed assessments of street lighting improvements on 161St Street, Upper 161St Street and Jacquara Avenue, Improvement Project 99-11. o. Resolution No. 99-228 calling a public hearing for proposed assessments of sealcoating improvements in Districts 3 and 4, Improvement Project 98-1. p. Resolution No. 99-229 authorizing submittal. of a grant application to the Metropolitan Regional Arts Council q. Resolution No. 99-230 approving a gambling permit for VFW Auxiliary to Post 210. • r. Agreement with Minnesota Department of Natural Resources for fiscal year 2000 cross-country ski trail grooming and maintenance. Roll call was taken on the motion. Ayes, -Ryan, Zaun, Sindt, Mulvihill, Luick. ITEM 8 The City Council considered the application of Paul Ramey for a conditional use permit and variance to allow the construction of a HAM radio tower and .antenna higher than 15 feet above the ground at 17102 Firtree Place. City Attorney Roger Knutson explained that following the Council's discussion and subsequent tabling. of this item at the August 16th Council meeting, City staff contacted Mr. Jeffrey Nelson, a telecommunications consultant with PSC Alliance, Minneapolis. He explained that staff procured Mr. Nelson's assistance in an effort to accommodate the applicant, while protecting the interests of the neighborhood and City. Mr. Nelson provided information regarding numerous types of fold-over, crank-up antenna towers that would provide the applicant with a reasonable and effective means of communication. These crank-up/motorized towers can be lowered to a • height of 25 feet when not in use. Such an antenna would allow the applicant to communicate via HAM radio with the least possible negative CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 4 impact on the neighborhood. Findings of Fact have been drafted for the City Council's consideration, and the conditional use permit and variance have been revised, specifically requiring the antenna tower to be retractable. Mayor Zaun stated he feels this recommendation represents a reasonable compromise between the applicant, neighborhood and City. Council Member Sindt stated she would like to look at amending the City's ordinance with regard to radio antennas. Mr. John Bellows, attorney representing the applicant, stated it was fiis understanding that the reason this item was tabled was to determine what impact, if any, the presence of an amateur radio tower would have on the value of adjacent property. He stated the information he received from the Dakota County Assessor's Office does `not show any adverse impacts on property values due to amateur radio antennas and towers. He voiced his frustration that the information submitted by Mr. Nelson was not forwarded to him in a timely manner, thus he was not given a reasonable opportunity to respond. He stated he .does not feel that Mr. . Nelson is qualified to provide an opinion on amateur radio. The crank- up/folding towers being recommended are not adequate, as they can only handle a five square foot antenna. The applicant is proposing a 10 square foot antenna.. These types of antennas can only withstand a 50- mph wind, while state law requires they withstand an 80-mph wind. These towers have a large 30 to 36 foot base, which is necessary because the towers are not as strong as the type the applicant is proposing. Mr. Erickson stated his recollection was that this matter was tabled at the August 16t" Council meeting to allow for additional research on a variety of issues, not only on property values and sales information. Mr. Knutson explained that the goal in obtaining an opinion from Mr. Nelson was to get the height of the tower down as low as possible.. He: feels with a retractable tower, that goal can be reached .while. accommodating Mr. Ramey's communication. needs. Council Member Mulvihill stated she also feels this is a reasonable compromise. She pointed out that other communities. have responded to this request in a like manner. • Council Member Ryan pointed out that the guy wires might not be needed with acrank-up tower. The guy wires were something he and CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 5 the residents had objected to. if the guy wires are not.. needed, he felt that requirement could be deleted from the variance. Council Member Luick stated he also supports the crank-up tower option. Mr. Bellows stated that by requiring acrank-up tower in this application, the City would be going beyond what was done in the past. He pointed out that the cost of a crank-up tower would be $10,000 to $20,000, .which he feels is not a reasonable accommodation by the City. Council Member Ryan asked if the City can be assured by a structural engineer that the base and antenna are structurally sound. Mr. Erickson stated the Chief Building Official would be responsible for structural review. 99.168 .Motion was made by Mulvihill, seconded by Sindt to receive the letter from John B. Bellows, Jr., Attorney at Law, dated September 13, 1999; and the letter from. Joan Mulvihill, 17140 Firestone Path, dated September 7, 1999. • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. Council members recommended that Stipulation (d) of the conditional use permit and variance should read, "The antenna. tower shall not exceed 25 feet in height. when the HAM radio is not in use." 99.169 Motion was made by Mulvihill, seconded by Luick to adopt the Findings of Fact and Decision and grant a conditional use permit and variance (amended 9/1.7/99) #o allow the construction of an amateur HAM radio antenna higher than 15 feet above the ground at 17102 Firtree Place, with the wording change in Stipulation (d) of the conditional use permit and variance as stated above. Roll .call was taken on the motion. Ayes, Mulvihill, Luick, .Ryan, Zaun. Nay, Sindt. ITEM 9 Mr. Sobota stated the Metropolitan (Met) Council has completed its review of the City's 1998 Comprehensive Plan Update, which was • approved by the City Council on December 21, 1998 pending Met Council review. The Met Council approved the document with some CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 6 ' minor comments and corrections. Staff is asking the Gity Council o approve the 1998 Comprehensive Plan Update in its final, corrected form. The proposed resolution authorizes submittal of the document to adjacent governmental units and affected school districts, along with the Metropolitan Council, for their official record. The final revisions to the 1998 Comprehensive Plan Update. are outlined in a memorandum to Northwest Associated Consultants from Associate Planner Ron Mullenbach dated September 16, 1999. (Memorandum on file in the City Clerk's office) Council Member Ryan stated he had received a .call from a resident who expressed concern that the City is already changing the recently adopted Comprehensive Plan. Mayor Zaun proceeded to identify-the various changes that were recommended by the Met Council upon its review. 99.170 Motion was made by Luick, seconded by Sindt to approve Resolution No. 99-231 approving and amending the Lakeville, Minnesota 1998 Comprehensive. Plan Update. • Ro11 call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM 10 99.171 Motion by Sindt, seconded by Mulvihill to appoint Jean Kane to the Meals on Wheels Advisory Committee for athree-year term, which will expire on December 31, 2002. .Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill. 99.172 Motion was made by Ryan, seconded. by Sindt to appoint Chuck Hadley and Sandra Cross to the Meals on Wheels Advisory Committee for three-year terms, which will expire on December 31, 2002. Roll call was taken on the motion.. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. ITEM 11 99.173 Motion was made by Mulvihill, seconded by Sindt to hold a budget work • session on Tuesday, October 12, 1999 from 5-8 p.m. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 7 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. 99.174 Motion was made by Mulvihill, seconded by Sindt to hold a budget work session on Thursday, October 28, 1999 from 5-8 p.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ITEM 71 Council Member Luick asked the City Engineer to outline the project phasing and proposed detours for the Cedar Avenue reconstruction. Mr. Nelson explained that bids are proposed to be taken in December or January. The project is expected to take two construction seasons to complete. The first stage is the closing of Cedar Avenue between Highway 50 and Dodd Boulevard. Traffic will be maintained across 200tH Street, 210tH Street and 190tH Street. Highway 50 will remain open to traffic during the first construction phase. The second phase is that .portion of Cedar Avenue between Highway 50 and Highway 70. The . third phase is that portion south of Highway 70 to the south corporate limits. The official detour for that phase will be Highway 70 to Hamburg Avenue to Highway 50 to Cedar Avenue. The total estimated construction cost for this project is $10.5 million. 99.175 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 99-226 approving plans and specifications for Cedar Avenue from Dodd Boulevard to the south city limits; Right-of-Way Acquisition and Highway Construction Agreement; and easement acquisition offer from Dakota County, Improvement Project 97-9. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. UNFINISHED BUSINESS None NEW BUSINESS Council Member Mulvihill asked if a summary of the Maxfield Research report, which was presented to the Economic Development Commission on August 24tH, could be presented to the City Council at a future work session. Staff will arrange a presentation. 1 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1999 PAGE 8 Council Member Sindt suggested that staff review the City's ordinance with regard to FCC regulations for radio towers. 99.176 Motion was made by Sindt, seconded by Luick to authorize the City Attorney to review the City's ordinance with regard to FCC regulations for radio towers. Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill Announcements: Next regular Council meeting October 4, 1999 Mayor Zaun adjourned the Council meeting at 8:35 p.m. Respectfully submitted, Charlene Fried s, City rk Dua Zaun, Ma • _