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HomeMy WebLinkAbout07-19-99 CITY OF LAKEVILLE COUNCIL MEETING s JULY 19,1999 Mayor Zaun called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. ITEM 2. ROLL CALL. 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; J. Hennen, Administrative Assistant; D. Morey, Planner, j. Ryan, Recording Secretary. ITEM 3. MINUTES The minutes of the July 6, 1999 regular Council meeting and the May 27, 1999 Council work session were approved as presented. • ITEM 4. STAFF ANNOUNCEMENTS ATTORNEY None ENGINEER None ADMINISTRATOR None CHIEF OF POLICE: Chief Martens presented the June Police Department monthly report. ITEM 5. PRESENTATIONS/INTRODUCTIONS Mayor Zaun presented a plaque to Jeff Bonde in recognition of nearly 10 years on the Environmental Affairs Committee. Mr. Bonde thanked the Council and his. family for their support over the years, which allowed him to serve originally on the Natural Resources Committee, later named the Environment Affairs Committee... ITEM 6. CITIZENS' COMMENTS Kevin Bigalke, a Lakeville resident and employee of the Minnesota Department of Natural Resources, commended the City of Lakeville on their. efforts to protect the South Creek tributary of the Vermillion River and for authorizing the development of a management plan for South Creek. Mr. Bigalke stated that these efforts will help to • protect and insure natural resources for future generations.. The assistance of the DNR toward this management plan was also offered. City of Lakeville Council Meeting July 19,1999 Page 2 • Mr. John Boland, 10241 - 205 Street, Lakeville, expressed his opinion concerning the proposed use of Tax Increment Financing for the acquisition of All Saints Campus, including Hart Hall, for an arts center. Mr. Boland believes that use of this funding mechanism should receive voter approval. ITEM 7. CONSENT AGENDA 99.132 Motion was made by Luick, seconded by Mulvihill, to approve the consent agenda items as follows: a. Claims for payment. b. June investment report. c. Receive minutes of the following advisory committee meetings: Telecommunications Commission, June 29,1999 Economic Development Commission, June 15,1999 d. Release of Temporary Construction Easement and Amended, Conditional Use Permit for the Bernard Murphy parcel located near the Police Station. e. Grant Agreement with the Minnesota DNR for management of milfoil on Lake • Marion. f. Resolution No. 99-170 accepting donation from VFW Post 210 to the Meals. on Wheels program. g. Grant application for Minnesota Re-Leaf Community Forest Health Program funds. h. Resolution No. 99-171 authorizing car allowances. i. Relocation Agreement with Duane Hauge, d/b/a Lakeville Barber Shop and Perma Companies, Inc. j. Grant of Permanent Easement from Walter King Jr., Claudette Cole and Flora King for the 185th Street and Dodd Boulevard intersection, Improvement Project 98-20. k. Traffic Signal Agreement No. 99-05 with Dakota County for traffic. signal control at the intersection of 185th Street (CSAH 60) and Kenwood Trail (CSAH 50), Improvement Project 98-16. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. ITEM 8. PARK OVERLOOK • Mr. Jim Stanton, representing Shamrock. Development, requested City Council approval of the Park Overlook final plat, located on the west side of Ipava Avenue, south of 175 City of Lakeville Council Meeting July 19,1999 Page 3 Street and south of Dakota Heights Park. Mr. Stanton stated that grades had been .adjusted to meet the recommendations of the Environmental Affairs Committee and the Planning Commission, which had resulted in saving additional trees in the plat. The wetland will not be impacted. City Planner Daryl Morey stated that the final plat of Park Overlook consists of 15 residential lots and requests City Council consideration of a cul-de-sac street length variance for 176 Circle. Staff and the. Planning Commission support the cul-de-sac street length variance due to the significant trees, steep slopes and wetland on the subject site. The Park Overlook final plat abuts Ipava Avenue, which is designated as a high- density minor arterial/parkway in the City's Comprehensive Transportation Plan. Additional right-of--way dedication: will accommodate the future upgrade of Ipava Avenue to a parkway design. When Ipava Avenue is upgraded, it is likely that a median will be constructed at the existing Iceland Trail intersection. .This would limit a .street connection to Ipava Avenue at Iceland Trail to right-in, right-out turns. Mr. Morey stated that the Environmental Affairs Committee had recommended that the developer submit a revised tree preservation plan with the final plat. The revised tree preservation plan was reviewed by the Environmental Affairs Committee and they recommended approval of the final plat at their July 13~ meeting. The Planning Commission recommended approval of the final plaf and cul-de-sac street length variance at their July 15~ meeting. • City staff and the developer are proposing 0.35 acres of "net" park land dedication (0.55 acres of the subject property added to the existing park minus 0.2 acres of existing park .property taken out for 176 Circle construction) to meet the park .dedication requirements for Park Overlook. Irt addition, it is proposed that the developer construct, at his expense, aneight-foot wide bituminous off-street trail from 176 Circle to 178 Street. The developer has signed the development contract and submitted a letter of intent from Builders Development and Finance to issue a letter of credit for security to the development contract. Mr. Morey stated that the revised tree preservation plan resulted in an additional 44 trees being saved, about 10 of which were oaks. Mayor Zaun stated that a letter had been received from ISD 194 stating that Eastview Elementary School was reaching capacity one year ahead of expectations. This issue will be discussed at a future meeting. Council Member Ryan stated that the recommendation made by the Planning Commission for matching up 176 Circle with the existing street instead of with Iceland Trail was a good one and worked out well. 99.133 Motion was made by Mulvihill, seconded by Sindt, to receive the Planning Commission's Findings of Fact and Recommendation, to approve the variance for a cul-de-sac street length variance for 176 Circle, and to adopt Resolution No. 99-172 approving the final plat of Park Overlook. • Roll call was taken on the motion. Ayes: Zaun, Sindt, Mulvihill, Luick, Ryan. City of Lakeville Council Meeting July 19,1999 Page 4 ITEM 9. ORCHARD MEADOWS OF LAKEVILLE 2ND ADDITION Mr. Dennis Griswold, representing Pulte Homes of Minnesota, requested City Council approval of the Orchard Meadows of Lakeville 2nd Addition final .plat. Mr. Griswold stated that most of the first phase of this development is complete, with 30 of 35 townhomes constructed. The preliminary plat and PUD rezoning were approved by the City Council on December 15, 1997. The first phase final plat was approved on June 1, 1998. Pulte Homes has complied with all requirements associated with the first phase. Mr. Griswold also stated that the townhome prices have increased since the development was originally proposed. City Planner Daryl Morey stated that .Orchard Meadows 2nd Addition consists of 38 townhouse lots and five outlots on land located south of 185 Street and west of Orchard Trail. The plat was reviewed by the Planning Commission, Parks and Recreation Advisory Committee and Environmental Affairs Committee and all recommended approval. The Orchard Meadows of Lakeville 2nd Addition. final plat is consistent with the approved preliminary plat. City .staff recommends approval subject to 11 stipulations, which are incorporated into Paragraphs 26 and 27 of the Development Contract. The developer has submitted the required development contract and security and staff is recommending approval of the final plat of Orchard Meadows of Lakeville 2nd Addition. • Council member Ryan stated that when the plat was originally proposed, he was opposed from a zoning. standpoint. He feels that the first phase has resulted in a good product and the developer has done a good job of restoration of wetlands, seeding and reforestation. Mr. Morey stated that the developer has taken great care to avoid impacting wetlands, which were saved as part of the development. Council member Ryan was also concerned about sight lines as traffic enters Kabera from the private street north of Orchard Trail and wants to make sure drivers' vision is not obstructed by berming and landscaping. Mr. Morey stated that engineering staff has reviewed sight distances at the proposed intersection and determined that there is no obstruction within the sight visibility triangle. The City can monitor the area to make sure there are no traffic safety problems. Mayor Zaun also stated that he had checked the area for sight lines. Council member Sindt stated that there was a concern by the Council .regarding the railroad crossing on 188 Street when the plat was originally approved. Mr. Morey stated that agreements with the railroad are being complied with for north/south street connections. Council member Luick asked if outlots are delineated so that lawnmowers do not. . accidentally cut down wetland vegetation. Mr. Morey stated that the City could look into placing conservation markers to prevent inadvertent mowing. City of Lakeville Council Meeting July 19,1999 Page 5 City Administrator Bob Erickson stated that the Environmental Affairs Committee considers the first phase of Orchard Meadows an exemplary plat and uses it as a model of how to do things right. Orchard Meadows is within the Lake Marion Watershed. Erickson also .indicated that the homeowners association. bylaws prohibit the use of phosphorus fertilizer within this development. 99.134 Motion was made by Sindt, seconded by Luick, to adopt Resolution No. 99-173 approving the final plat of Orchard Meadows of Lakeville 2nd Addition. Roll call was taken on the motion. Ayes: Sindt, Mulvihill, Luick, Ryan, Zaun. In response to Council member Ryan's question concerning sight. lines,. City Attorney Roger Knutson stated that cash escrow funds for Kabera Trail could be used if sight line improvements were needed. ITEM 10. UNFINISHED BUSINESS. There was no Unfinished Business at this time. . ITEM 11. NEW BUSINESS. Mayor Zaun informed Council members that the Dakota County Department of Health would like to make a presentation, possibly at the second meeting in August, concerning adults purchasing alcohol for their underage children. Council member Mulvihill stated that the presentation was a good idea but suggested that viewership of the Council meetings on the cable channel maybe increased after the start of the school year. Council member Ryan asked that, even though the. City Council is currently in an information-gathering process, would City Administrator Bob Erickson wish to expound on comments made by John Boland concerning TIF for the proposed arts center. Mr. Erickson stated that he is respectful of the issues raised and that the City is currently waiting for an appraisal from C.E. LaSalle. Dakota County has one of .the strictest TIF review processes in the state. The County as well: as the. school district have expressed support for this project. The Legislature has recently discussed termination of TIF being used to fund community. centers, which this project is not. A unique TIF district was created which also included cleanup of a site for Lakeview Elementary School, rental housing opportunities including the Southfork apartments, and downtown redevelopment/senior housing. Results from the recent community survey indicate strong support for the proposed arts center project. Mayor Zaun suggested that Representative Holberg be invited to a City Council meeting • to discuss proposed changes in Tax Increment Financing legislation. City of Lakeville Council Meeting July 19,1999 Page 6 • , In response to the Mayors comments regarding ISD 194 school capacities, Council member Luick expressed similar concerns regarding capacities within ISD 192. He further indicated .that as part of the recent Strategic Growth Management Task Force efforts, Farmington School District expressed concerns regarding the impact of housing starts on enrollments. ITEM 12. ANNOUNCEMENTS. The next regular Council meeting is scheduled for August 2,1999. ITEM 13. ADJOURNMENT. Mayor Zaun adjourned the meeting at 8:00 PM. Respectfully submitted, di Ryan, Recordin Secretary Dua e Zaun, Mayor