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HomeMy WebLinkAbout08-16-99 c CITY OF LAKEVILLE COUNCIL MEETING . AUGUST 16, 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; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; F. Dempsey, Associate Planner; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The. minutes of the August 2, 1999 City Council meeting. were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson announced that he has one additional condition to the proposed Conditional Use. Permit for Agenda Item i0. ENGINEER: Mr. Nelson presented apre-recorded video update of construction projects within the city that are nearing completion. ADMINISTRATOR: Mr. Erickson provided copies of the August 3, 1999 Environmental AfFairs Committee meeting minutes, which should replace the EAC minutes of )uly 13, 1999 on the consent agenda. (The Council had previously received the July 13th minutes.) CHIEF OF POLICE: Lieutenant Greg Style presented the July Police Department monthly report. PARKS & RECREATION DIRECTOR: Steve Michaud presented the July monthly report of the Parks & Recreation Department. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 2 PRESENTATIONS/INTRODUCTIONS Fire Chief Barry Christensen introduced the new part-time fire inspector, Brian Carstensen. CITIZENS' COMMENTS None CONSENT AGENDA 99.143 Motion was made by Sindt, seconded by Mulvihill to amend the consent agenda and replace the July 13t" Environmental Affairs Committee meeting minutes with the Environmental Affairs Committee meeting minutes of August 3, 1999. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. 99.144 Motion was made by Mulvihill, seconded by Luick to approve the consent agenda items as follows: • a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental AfFairs Committee, August 3, 1999 Parks & Recreation Committee, August 4, 1999 Planning Commission, August 5, 1999 Telecommunications Commission, August 10, 1999 c. Special Assessment Agreement-with Joseph and Lisa Trier, 8782- 210th Street West. d. Acceptance of improvements and final payment for Well No. 13 collection pipe, Improvement Project 98-11B. e. Outdoor Lighting Contract with NSP for the installation of street lights on Hamburg Avenue. f. Final acceptance of public street improvements, Progressive Rail First Addition. • g. Resolution No. 99-181 calling a public hearing on the certification of delinquent utility accounts. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 3 h. Automated Pawn System Service and Software License Agreement. i. Extension of Conditional Use Permit No. 98-26 allowing the construction of a detached garage at 9894-194th Street. j. Extension of Conditional Use Permit No. 98-27 allowing the construction of a youth house on the Messiah Lutheran Church property, 16725 Highview Avenue. k. Resolution No. 99-182 awarding contract for acquisition of a tanker-pumper fire truck. I. Resolution No. 99-183 prohibiting parking on CSAH 23 (Cedar Avenue) from Dodd Boulevard to the south city limits, Improvement Project 97-9. m. Resolution No. 99-184 accepting donation from Flora, Etc. to the Parks & Recreation Department. n. Resolution No. 99-185 approving access to Lots 12 and 13, Block 2, Jackson's First Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. ITEM$ Jeff Hultgren, representing J.C. Holdings, Inc., requested Council approval of the final plat of Boulder Village 3rd Addition, which consists of 30 townhouse lots and two common area lots. Boulder Village 3ra Addition, located south of 165t" Street. and west of Ipava Avenue, represents the final development phase of the Boulder Village at Crystal Lake preliminary plat/planned unit development approved on April 17, 1995. Mr. Sobota stated City staff reviewed the project and found it to be consistent with the preliminary plat and planned unit development. The Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission have reviewed the final plat plans and all • recommend approval. In response to concerns by Boulder Village residents, the Planning Commission made the following CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 4 recommendation. The townhouse building style, exterior materials and height for the six unbuilt Jerome Craig Homes townhouse units in Boulder Village 1~ Addition and the 30 townhouse units in Boulder Village 3~d Addition shall be consistent with the previously approved townhouse development phases. These are specified in the 14 criteria listed in the minutes from the Boulder Village Townhomes Association special meeting. of June 17, 1999. Mr. Sobota stated the developer has agreed to this condition, which is included in the development contract. The City Council is also being asked to approve a resolution authorizing "no parking" on the east side of Irwindale Way, consistent with the preliminary plat and planned unit development. 99.145 Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 99-186 approving the final plat of Boulder Village 3~d Addition and Resolution No. 99-187 authorizing the installation of "no parking" signs on the east side of private street Irwindale Way in the Boulder Village development. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, • Zaun. ITEM 9 Jack Matasosky, representing Appro Development, Inc. and Airlake Development, Inc. requested Council approval of Airlake Development Fourth Addition. He explained that the purpose of this development is to create an inventory of one to three acre lots for small to medium size companies in Airlake Industrial Park. Airlake Development Fourth Addition consists of 25 industrial lots that can be utilized individually or combined. The proposed rezoning of the easterly portion of the plat from I-2 to I-1 will provide consistent setbacks and uses throughout the plat. A conditional use permit is also. being requested to allow impervious surface coverage in excess of 25% throughout the plat. The vacation of existing permanent sanitary sewer, roadway, drainage and utility easements is also being requested. Boundary drainage and utility easements, right-of--way dedication and dedication of two outlots to the City are proposed to replace the existing easements being vacated. Mr. Matasosky stated the developer concurs with all staff recommendations. Mr. Sobota stated two business, Perma Groove and Main Street . Automotive, are prepared to relocate to this development. Outlot C, which will be deeded to the City by the developer, includes a nutrient. CITY OF LAKEVILLE COUNCIL. MEETING AUGUST 16, 1999 PAGE 5 removal. and sedimentation/infiltration basin for storm water. A cooperative venture between developer's engineer and City engineering staff resulted in the construction of sediment and infiltration basins along South Creek, which has been designated a trout stream. Additional trees wi11 be included to shade the ponding areas. The Planning Commission reviewed the proposed plat plans and raised one , issue with regard to access on CSAH 50 from lots 10 and 11. The developer has agreed to one shared access onto CSAH 50 between the two lots. Because the proposed plat meets all ordinance requirements and policies of the City, staff recommends approval Mayor Zaun presented a letter he received from Sean Regan of Airlake Development, Inc. regarding a recent experience Mr. Regan's development team encountered at the August 3rd Environmental Affairs Committee meeting. 99.146 Motion was made by Mulvihill, seconded by Sindt to receive the letter from Airlake Development, Inc. dated August 10, 1999 (letter on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. Mayor Zaun announced that he also received a letter: from the US Postal Service indicating its plan to locate the new Lakeville/Farmington Carrier Annex within the Airlake Development Fourth Addition. 99.147 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the following for Airlake Development Fourth Addition: • Ordinance No. 656 rezoning property from I-2 to I-1 • Conditional use permit to allow impervious surface coverage greater than 25% • Resolution No. 99-188 approving the preliminary and final plat of Airlake Development Fourth Addition • Resolution No. 99-189 vacating roadway, sanitary sewer, drainage and utility easements Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 6 ITEM 10 Mr. John Bellows, attorney representing Paul Ramey, requested Council approval of a conditional use permit and variance to allow the construction of a 70-foot tall amateur radio (HAM) antenna and tower on Mr. Ramey's property, 17102 Firtree Place. He explained that the conditional use permit is being requested to allow construction of an antenna higher than 15 feet above ground. A variance is needed to allow the antenna to be located less than 70 feet from the properly lines. Mr. Dempsey stated a neighborhood meeting was held on )une 16t", and a public hearing was held by the Planning Commission on August 5t" to consider this request. Neighborhood concerns at the Planning Commission meeting primarily centered around safety, impact on property values and frequency interference. The Planning Commission adopted findings of fact and recommended approval of the conditional use permit and variance subject to 10 stipulations. • City Attorney Roger Knutson recommended an additional stipulation to the variance and conditional use permit as follows, "Plans for this tower at this location shall be approved by a professional engineer licensed in the State of Minnesota prior to construction". Tom Gray, 17124 Firestone Path, spoke on behalf of the neighborhood opposing the proposed antenna, which they feel does not belong in an urban neighborhood setting. He voiced frustration with the fact that the Federal Communications Commission has taken away all local control. in the placement of these antennas. He indicated, however, that in reviewing the covenants for Meadowbrook 1st Addition, nuisances are prohibited. The residents feel that the proposed tower and antenna constitute a nuisance within the neighborhood.. He indicated that 47 out of 48 neighborhood residents have signed a petition against the proposed installation of a Ham radio tower and antenna. 99.148 Motion was made by Mulvihill, seconded by Sindt to receive the petition from residents of Meadowbrook 1st Addition regarding the proposed HAM radio tower and antenna. Roli call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, • Luick. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 7 Council Member Luick recommended that Condition f) of the conditional use permit and variance read as follows, ~~The tower shall be removed by the current applicant when the occupant of the residence is not a licensed HAM radio operator". Mr. Knutson explained that conditional use permits run with the property, and conditions have to apply to the property, which means the City cannot apply a conditional use permit to a property owner... Council Member Luick also inquired as to whether the equipment could be modified inside the home with- respect to frequency interference without a conditional use permit amendment. Mr. Bellows explained that the actual equipment is not something the City Council can regulate. With respect to the. interference issue, Mr. Bellows stated that should there be a problem, Mr. Ramey stands ready to work with the neighbors. He pointed out that the closer the antenna is to the ground, the more likelihood there is for interference. Council Member Mulvihill stated she understands the importance of the amateur radio network, particularly in times of disaster. She also stated she understands why the residents don't want it in their neighborhood. Unfortunately, with local control taken away by the FCC, she stated . there is nothing the City Council can do to stop this. She also pointed out that the City cannot enforce covenants. Council Member Ryan stated he feels a residential neighborhood is not an appropriate place fora 70-foot tall radio tower and antenna. He stated he feels the law should be challenged. He stated he does not agree with the Planning Commission's findings that home values will not be impaired or diminished, as he feels property values in the area would be impaired. Mayor Zaun stated he feels there is evidence in our community that a previous tower did, in fact, result in a diminishing or decreasing of property values based on sales that took place. He asked if that evidence could be used to defend the City's position in denying this conditional use permit. Mr. Knutson pointed out that the FCC regulations have been challenged in other cities and upheld in court. For the most part, he continued, the City's hands are tied. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 8 Council Member Sindt agreed that these antennas do not belong in urban neighborhoods. Mr. Erickson stated he contacted the property owner that was affected by the tower that the City council reluctantly approved in 1993. He indicated that the developer could not sell the lot, and ended up selling it at a substantial discount due to the antenna. Mr. Erickson suggested the residents pursue the covenant issue on their own behalf. He also suggested the possibility of looking into the high speed data transmission fiber optic system that was recently installed throughout the city to determine if somehow in the future that system could connect individuals to a central tower that the City would own. Mayor Zaun questioned the timetable by which the City Council needs to act on this conditional use permit request. Staff requested some additional time for discussion. Mayor Zaun recessed the Council meeting at 8:31 p.m. and reconvened • the meeting at 8:50 p.m. Mr. Knutson suggested that this matter be tabled until the September 20th Council meeting. Mr. Bellows asked what City staff expects to accomplish and what staff expects of the applicant prior to September 20th. Mr. Knutson stated the additional time would allow the applicant to provide additional information, as well as allow the staff to research additional information. Mr. Bellows stated his client accepts the recommendation to table this matter until the September 20th Council meeting. 99.149 Motion was made by Mulvihill, seconded by Luick to table consideration of a conditional use permit and variance to allow construction of a HAM radio antenna at 17102 Firtree Place until the September 20, 1999 City Council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. ITEM 11 • Greg Stattman, Vice Chair of the. City's Telecommunications Commission, presented a request from the Minnesota Association of Community CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 9 Telecommunications Administrators for financial support in their current lobbying effort. This lobbying effort is in opposition to proposed legislation that would take control of cable TV franchising, franchise and PEG fees and access channels away from cities. Control of these items would be turned over to the Public Utilities Commission (PUC), with franchise and PEG fees going into the universal service fund for distribution decided by the PUC. Mr. Stattman explained that the City has anon-exclusive franchise and collects approximately $200,000 in franchise fees annually. The City's Government Channel i6 and School. District Channel 22 would not be possible without these franchise fees. The Telecommunications Commission is recommending assistance in the amount of $5,000 for this lobbying effort. The City's cable budget has adequate funding for this expenditure. Mayor Zaun pointed out that the City of Lakeville's Cable Department has received honors and recognition for its quality communications efforts. Money for cable programming is coming out of franchise fees • and is not being taken out of the City's general fund. 99.150 Motion was made by Sindt, seconded by Mulvihill to authorize a $5,000 contribution to the Minnesota Association of Community Telecommunications Administrators for its lobbying efforts opposing .Senate File #2133 relating to telecommunication regulatory structure. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. UNFINISHED BUSINESS Mayor Zaun and the City Council members discussed the letter from Airlake Development, Inc. regarding the South Creek environmental review process and the integrity of the adopted policy that was violated by a prolonged discussion by Environmental Affairs Committee members. Mayor Zaun stated he is concerned about what took place at the August 3rd Environmental Affairs Committee meeting. Council members agreed that this matter should be given further review. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1999 PAGE 10 NEW BUSINESS Acting Liquor Manager Brenda Visnovec asked the City Council to consider modifying the liquor store hours of operation. She explained that the stores currently close at 10 p.m. Monday through Saturday. Based on employee safety, conformity with other retail organizations and labor costs, the Liquor Department is recommending the stores close at 9 p.m. Monday through Thursday. Stores would remain open until 10 p.m. on Friday and Saturday. Stores would also stay open until 10 p.m. on December 31, July 3 and the day before Thanksgiving. Liquor Committee .members Mulvihill and Luick expressed their support of the proposed change in store hours. 99.151 Motion was made by Sindt, seconded by Ryan to accept the recommendation of the Liquor Committee and Liquor Department on the liquor store hours of operation as stated above, effective September 7, 1999. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, • sinat. Mayor Zaun adjourned the meeting at 9:15 p.m. Respectfully submitted, Charlene Frie ges, Ci Clerk D ane Zaun, M r •