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HomeMy WebLinkAbout07-06-99 CITY OF LAKEVILLE COUNCIL MEETING )ULY 6, 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; D. Morey, Planner; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the Tune 21, 1999 regular Council meeting and the June 15, 1999 special Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY None ENGINEER Mr. Nelson announced that a massive rainfall over the weekend caused flooding on 167th Street in the Valley Park area. He stated he would like to bring the Council up to date on the floodplain map amendments that are currently being reviewed by FEMA. Mayor Zaun suggested the City Engineer make his presentation for Council discussion under Unfinished Business. ADMINISTRATOR Mr. Erickson announced that a minor modification was made to the legal description of the property being considered in Item 7j. DIRECTOR OF OPERATIONS & MAINTENANCE Mr. Volk presented the June monthly report of the Operations & Maintenance Department. Mayor Zaun read a letter he received from the Country View Manufactured Home Community commending Ken Seurer and the City Utility Department for improving the water quality in Country View. The CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 2 letter indicated they have not had a single incident of rusty water since the Water Treatment Facility opened. PRESENTATIONS/INTRODUCTIONS None CITIZENS' COMMENTS Raymond Rivard, 18735 Kanabec Trail, expressed concerns regarding the 185t" Street and I-35 interchange layout. He was concerned with the location of the southbound ramp and frontage road and asked that they be moved closer. to the Interstate so as not to adversely affect the neighborhood. He asked that consideration be given to citizen input before a final decision on the interchange layout is made. Ms. Jean Baudhuin, 18625 Kanabec Trail, also expressed concerns regardin~ the proposed frontage road and southbound ramps at I-35 and 1851 Street. Ruth Rivard, 18735 Kanabec Trail, expressed her concerns regarding the I-35 and 185t" Street frontage road and southbound ramps. CONSENT AGENDA 99.123 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, June 17, 1999 Parks & Recreation Committee, June 16, 1999 Environmental Affairs Committee, June 15, 1999 c. Resolution No. 99-159 accepting a donation from the Richard K. Schwartz family to the DARE program. d. Resolution No. 99-160 approving a gambling permit for Fairview Hospital and Healthcare Services. e. Ordinance No. 653 repealing Title 3, Chapter 6 of the Lakeville City Code concerning the sale of cigarettes. CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 3 f. Final payment and acceptance of improvements for Well No. 6, Improvement Project 97-21. g. Resolution No. 99-161 prohibiting parking on County Road 46 east of Pilot Knob Road, Improvement Project 97-8. h. Resolution No. 99-162 leasing space to an association of Lakeville employees for vending machines. i. Resolution No. 99-163 accepting donations to the Parks & Recreation Department Teen Dance; and Resolution No. 99-164 accepting donation from the Lakeville Lakeside Lions to Meals on Wheels. j. Real Estate Purchase Agreement with lames & Nancy Ondov for a portion of Outlot D, Marion Village Second Addition; and Resolution No. 99-165 dispensing with statutory requirements for review by Planning Commission of disposal and acquisition of properly. k. Resolution No. 99-166 approving plans and specifications and setting a bid date for new hockey rink lighting at Parkview Park and Dakota Heights Park, Improvement Project 99-15. I. Grant of Permanent Easement with Bruce B. and Lizabeth M. Tschida, Improvement Project 99-5. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. Due to other commitments by presenters, Mayor Zaun asked the Council to consider Item No. it at this time. ITEM 11 Assistant City Attorney Joel Jamnik provided a chronology of events that lead to the establishment of a special joint subcommittee to study trout stream designation, which included the South Creek tributary to the Vermillion River, which flows through Airlake Industrial Park. The subcommittee consisted of Economic Development Commission and . Environmental Affairs Committee members. The subcommittee reviewed the trout stream study prepared by Barr Engineering on behalf CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 4 of the City of Lakeville. The subcommittee also reviewed the status of the Minnesota DNR trout management program, efforts of other communities and related issues. Following its research, the subcommittee developed a Statement of Principles and Potential Approaches, which recognizes the importance of both the South Creek Trout Stream and the continued development of Airlake Industrial Park. It also concludes that the goals of protection and continued development may be attainable through proactive and cooperative efforts of the City, Airlake landowners and other interested parties. The subcommittee is asking the City Council to approve the resolution and direct staff to develop a management plan that would allow industrial development within the South Creek watershed, while continuing to protect South Creek's trout habitat. Subcommittee members Tom Goodwin, Jack Matasosky and Barry Pogatchnik spoke in support of the Statement of Principles and Potential Approaches for the South Creek trout stream, which will benefit both the City of Lakeville and Airlake property owners. • Mayor Zaun suggested that the resolution indicate a specific date that the Minnesota DNR designated the South Creek tributary as a trout stream. Mr. Jamnik stated he will verify the official date and insert it in the first "Whereas" of the resolution. 99.124 Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 99-169 receiving the Statement of Principles and Potential Approaches and directing City staff to develop a management plan for the South Creek trout stream. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. ITEM 8 Mr. Sobota explained that City staff and Assistant City Attorney Jim Walston have been pursuing the acquisition of the Main Street Auto site, owned by Edward °Skip"and Linda Ancel..This property, combined with the recently acquired Wren property in downtown Lakeville, would be the site for a new senior housing project with some commercial/retail space. After the necessary environmental clean-up is completed on the . Ancel site, the Dakota County HRA could proceed with development of the senior housing project this fall. Under State law, the City is CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 5 • responsible for identifying a relocation site for Main Street Auto. A site currently owned by Airlake Development Inc. has been identified. Airlake Development, Inc. has agreed to plat Airlake Development 4t" Addition, creating 25 lots for small businesses on 41 acres of properly located south of County Road 50. Because of the processing time needed for the plat, Airlake Development, Inc. has signed a development agreement insuring the platting of the fourth addition and installation of improvements. Perma Groove, Inc. plans to construct a 27,000 square foot building in the newly platted Airlake Development 4t" Addition. Airlake Development, Inc. has agreed to negotiate with the US Postal Service for relocation of its carrier facility to Airlake 4t" Addition, and is negotiating with Brad & Audrey Johnson for the sale of Outlot B to the Johnsons for a future office building. Main Street Auto is .requesting a minor variance for a sign setback from County Road 50. The minor variance is allowed under the City's zoning ordinance based on government action, that being the relocation of the Main Street Auto business. Included in the packet for Council consideration is a Findings of Fact and Recommendation for the minor variance. . Luick asked whether there is any indemnification for environmental liability in the Purchase Agreement for the Ancel property with regard to clean-up of the site. Mr. Walston stated that under the agreement, the City would control the contracting for the clean-up with an environmental engineering firm. The Ancels have consented to it and would be responsible for payment of the clean up. Mayor Zaun asked about the shared access to the Perma Groove and Main Street Auto sites. Mr. Sobota stated Perma Groove would have a temporary access off of Highway 50 during construction. The permanent accesses would be off the interior street. Mayor Zaun asked if the proposed street and shared driveways would be in violation of the County's access guidelines. Mr. Sobota stated they would; however, County Road 50 at this location will be turned back to the City and become a City street as part of an arrangement with the County :for the County Road 46 interchange project. 99.125 Motion was made by Ryan, seconded by Mulvihill to approve the . following with regard to the Downtown Senior Redevelopment Project: CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 6 • a. Relocation Agreement with Main Street Automotive, Inc. b. Real Estate Purchase Agreement with Airlake Development, Inc. c. Real Estate Purchase Agreement with Edward L. "Skip" Ancel and Linda R. Ancel d. Development Agreement with Airlake Development, Inc. e. Findings of Fact and Recommendation and a Minor Variance to Main Street Auto for a sign setback Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ITEM 9 Jim Stanton of Shamrock Development, Inc. requested Council approval of the preliminary plat of Park Overlook. Mr. Morey presented the preliminary plat of Park Overlook, which includes 15 single-family lots on property located south of 175t" Street and west of Ipava Avenue. He explained that the developer had originally requested the preliminary and final plat be processed simultaneously. However, the Environmental Affairs Committee did not make a recommendation on the final plat, as committee .members felt that additional trees could be saved and asked the developer to submit a revised tree preservation plan. The developer has submitted a revised tree preservation plan, which will save an additional 44 trees in the area of lots 1, 2 and 3. The developer is also requesting a cul-de-sac street length variance for 176t" Circle. The Planning Commission held a public hearing onthe preliminary plat and recommended approval subject to 11 stipulations. The .Parks & Recreation Committee recommended the dedication of ~/2 acre of land to be included with the existing Dakota Heights Park and the construction of an off-street bituminous trail from the proposed 176t" Circle south to 178t" Street. Council Member Sindt asked what kinds of trees are proposed to be removed. Mr. Morey. stated the majority of trees being removed are boxelders, poplars. and aspens.. Good portions of the additional trees being saved are oaks. . Council Member Luick asked the developer to explain how he plans to save the oak trees along the west property line. Mr. Stanton stated it .CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 7 was determined by scale that they have between 35 and 40 feet of trees left between the back of what is being graded and the lot line. Council Member Ryan asked the developer to consider custom grading some of the lots in the hopes of saving more trees. Mr. Stanton stated he would. Council Member Ryan also asked the developer to consider moving the storm sewer and sanitary sewer easements in an effort to save additional trees. Mr. Stanton stated he would also consider that prior to submittal of the final plat. 99.126 Motion was made by Mulvihill, seconded by Luick to approve the preliminary plat of Park Overlook. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM 10 Rick Osberg of James R. Hill & Associates, representing Dale & Fran Pexa, requested Council approval of the final plat of St. Frances Woods 7tH Addition . Mr. Morey presented the proposed plat of St. Frances Woods 7tH Addition, which consists of 22 single-family lots, 32 townhouse lots, four common area lots and nine outlots located south of 205tH Street and east of Kenrick Avenue. The preliminary plat, which was approved by the City Council on May 17th, included a rezoning to (PUD) Planned Unit Development District to allow the townhouse portion of the St. Frances Woods development. The preliminary plat also included the vacation of public .utility and trail easements and street right-of-way. The developer is requesting a variance for the length of two cul-de-sac streets serving the single- family lots. The lot, block and street layout is consistent with the approved preliminary plat. Recommendations of the Environmental Affairs Committee, Planning Commission and City Council have been incorporated into the final plat plans.... The developer will construct Kensington Boulevard as a four lane urban street at a 52-foot width with . trails on both sides. The developer will install canopy trees along both sides of the entire length of Kensington Boulevard. The City will CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 8 • reimburse the developer for the street, trail and landscape improvements for the portion of Kensington Boulevard that extends into Fairfield Business Campus. The Kensington Boulevard and 205t" Street intersection will be an urban section design with left and right turn . lanes. The developer has agreed to fine grade the entire Kensington Park, spread topsoil, install the gravel base and pave the trail, parking lot and basketball court. The developer will also grade and prepare the playground and ball field areas. The developer has submitted a .revised landscape plan with additional plantings to serve as a bufferbetween the adjacent commercial and residential land uses in the St. Frances Woods development. Council Member Luick asked if there are findings of fact and recommendation for the variance. Mr. Morey stated the Planning Commission did not forward findings of fact; however, the City Council can adopt a findings of fact and recommendation. Council Member Luick asked if there is an entrance sign for the townhouse development. Mr. Morey stated the developer is proposing one entrance sign at Kensington and 205t" Street for the St. Frances Woods development, and an identification sign at the park entrance. Council Member Mulvihill asked what type of landscaping would be planted in the Kensington Boulevard median. Mr. Morey stated the median is about 12 to 14 feet wide, and ornamental trees are proposed to be planted. Council Member Sindt asked who would be responsible for maintenance of landscaping at the entryways. Mr. Morey stated the landscaping would be within common areas, which are owned and maintained by the homeowners association. He pointed out that the common areas would have underground irrigation. Council Member Sindt asked how much the added amenities requested by the City Council, Planning Commission and Environmental Affairs Committee cost the developer. Mr. Nelson stated that according to the developer's engineer, the additional landscaping, street width and lighting cost the developer about $70,000. Council Member Ryan asked what latitude the City has with a PUD . zoning in controlling future phases of development. Mr. Knutson CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1999 PAGE 9 • explained that once the property is zoned PUD, the designated uses under the PUD zoning are allowed. Council Member Ryan asked how the variance for cul-de-sac length is justified. Mr. Morey stated the variance is justified due to the environmental sensitivity of the area and- steep slopes. Council Member Ryan was concerned that the variance on the northerly cul-de-sac is being requested only to increase density. He suggested the developer shorten the cul-de-sac. Mr. Erickson explained that when the Lakeview Estates subdivision was being considered, the City granted concept approval in a legal format to Mr. Pexa for development of this property as part of the acquisition of the neighborhood park. Council Member Ryan voiced his concern that a PiannedUnit .Development zoning is not appropriate for the property west of Kensington Boulevard. He felt that the area along the I-35 corridor, particularly Outlot F, should be zoned for commercial/business use. He • felt that a PUD zoning in this area is not consistent with the City's Comprehensive Plan. Mayor Zaun pointed out that the motion made by the City Council at the May 17t" Council meeting approved the preliminary plat and rezoning for St. Frances Woods. Mayor Zaun stated in his opinion, the alternative to PUD zoning would have been high-density multi-family residential. He felt the PUD zoning, with townhomes as a transition between single-family residential and commercial development, is consistent with the 1988 Comprehensive Plan and is the best use of the property considering the rights of the property owners. 99.127 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 99-167 approving the final plat of St. Frances Woods 7t" Addition. Roil call was taken on the motion. Ayes, Luick, Zaun, Sindt, Mulvihill. Ryan abstained, as he felt Item 10a should have been considered with Items 10b, c and d and voted on in one motion, as they are all an integral part of the plat. CITY OF LAKEVILLE COUNCIL MEETING JULY 6,.1999 PAGE 10 • 99.128 Motion was made by Mulvihill, seconded by Sindt to approve a variance for cul-de-sac street length in St. Frances Woods 7th Addition. Roll call. was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick. Nays, Ryan. 99.129 Motion was made by Luick, seconded by Sindt to approve Resolution No. 99-168 vacating utility and trail easements and right-of-way in St. Frances Woods 7th Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick. Ryan .abstained. 99.130 Motion was made by Sindt, seconded by Mulvihill to delete item 10d from the agenda, since the rezoning was acted on and approved by the City Council on May 17, 1999. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Zaun. Nays, Ryan. Council Member Ryan voted no because he did not . remember previously voting for the rezoning. ITEM 12 99.131 Motion was made by Luick, seconded by Ryan to accept the resignation of Jeff Bonde from the Environmental~Affairs Committee and authorize staff to advertise the vacancy. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. UNFINISHED BUSINESS Mr. Nelson showed a video of the flooding that occurred this past weekend on 167th Street east of Cedar Avenue near North Creek. He explained that an application for flood plain map revision had been submitted to FEMA approximately two months ago.- He stated FEMA has 90 days in which to respond to the City's letter of map revision. If approved by FEMA, the City can proceed with reconstruction of the culverts. CITY OF LAKEVILLE COUNCIL MEETING )ULY 6, 1999 PAGE 11 NEW BUSINESS Council member Luick asked staff to explain the reason for the recent tree removal at the corner of Dodd Boulevard and Highview Avenue (Zweber Farm). Mr. Nelson explained that tree removal was necessary to accommodate the future realignment of Dodd Boulevard at that intersection. It was determined by the City and Dakota County Highway Department that grading the area now, as part of the developer's grading plan, would be more cost effective than doing so in a few years when the .intersection is reconstructed. Dakota County plans to do some preliminary grading of the roadway, so that residents moving into the area will not be mislead about the future location and elevation of Dodd Boulevard. Council Member Ryan asked staff to explain the proposed funding for the 202"d Street improvement project currently underway. Mr. Erickson explained that state turn-back funds would pay approximately 60% of the project cost. The remaining 40% will be paid on a City/County (45%-55%) cost sharing arrangement. ANNOUNCEMENTS Next regular Council meeting, July 19, 1999 Council Work session, July 12, 1999 Mayor Zaun adjourned the Council meeting at 9:55 p.m. Respectfully submitted, Charlene Frie ges, City Jerk Duan Zaun, Mayor