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HomeMy WebLinkAbout06-07-99 CITY OF LAKEVILLE COUNCIL MEETING TUNE 7, 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; S. Michaud, Parks & Recreation Director; D. Martens, Police Chief; D. Volk, Director of Operations & Maintenance; D. Morey, Planner; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the May 17, 1999 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY None ENGINEER None ADMINISTRATOR None DIRECTOR OF OPERATIONS & MAINTENANCE Mr. Volk presented the May Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS State Representative Mary Liz Holberg provided an overview of the 1999 Legislative Session. She highlighted the following: • Tax rebate/income tax rate reduction/budget surplus • One-year extension of levy limits; no reverse referendum • Local tax collections • Bleacher safety act . CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 2 • Transportation funding • Local Government/Metropolitan Affairs Committee • State mandates, effect on local units of government • Tax Increment Financing CITIZENS' COMMENTS Jan Wenlund, President of the Lake Vale Townhome Association, and Jim Jensen, Vice President, addressed the City Council concerning the County Road 50 road construction between Dodd Boulevard and Holyoke Avenue. They indicated that while letters were sent to their association regarding the proposed .County Road SO improvements, the residents were not informed of the proposed median. They presented a petition • signed. by residents on Hunter Court in opposition to the center median, which will prevent them from accessing their neighborhood from the east and from making a left turn when exiting Hunter Court. Since Hunter Court is the only access to their development, they were also concerned with emergency vehicle access. Mayor Zaun asked the City and County Engineers to meet with the Lake Vale Townhome residents in the North Meeting Room to discuss their concerns and report back to the City Council under Unfinished Business later in this evening's meeting. 99.104 Motion was made by Mulvihill, seconded by Sindt to receive the petition from the Lake Vale Townhome Association concerning the reconstruction of County Road 50 between Dodd Road and Holyoke Avenue. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. CONSENT AGENDA Council Member Ryan asked that items 7h and 71 be removed from the consent agenda. Council members added Item 9 to the consent agenda. 99.105 Motion was made by Ryan, seconded by Mulvihill to approve the consent agenda items as follows: • a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 3 i b. Receive minutes of the following advisory committee meetings: Planning Commission, May 20, 1999 _ Parks & Recreation Committee, May 19, 1999 Environmental Affairs Committee, May 18, 1999 Telecommunications Commission, May 11, 1999 Snowmobile Task Force, May 20, 1999 Parks & Open Space System Plan public informational meetings, April 6, 8, 13, 15 and 20 c. Resolutions No. 99-125 and 99-126 accepting donations from Donna Martens and the John F. Kennedy PTO to the DARE Program. d. Resolution No. 99-127 approving a gambling permit for Panorama of Progress. e. Resolution No. 99-128 approving a gambling permit for the Lakeville Lions Club. . f. Resolution No. 99-129 amending the Lakeville Employee Handbook modifying the employee recognition policy. g. Resolution No. 99-130 correcting Resolution No. 98-32 for vacation of a drainage and utility easement. h. (Removed from the consent agenda) i. Resolution No. 99-132 authorizing temporary closing of City streets for Panorama of Progress events. j. Resolutions No. 99-133, 134, 135, 136, 137 and 138 accepting donations to the Parks & Recreation Department from Marquette Bank, Heather Reynolds, Family of Christ Lutheran Church, Friends of Pam Davis, Lakeville Area Garden Club and Lakeville Lions Club. k. Resolution No. 99-139 requesting all-way stop control on CSAH 9 (Dodd Boulevard) and CSAH 60 (185t" Street), Improvement Project 98-20. I. (Removed from the consent agenda) • CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 4 m. Change Order No. 1 with Shank Constructors for rehabilitation of Lift Stations 6, 11 and 12, Improvement Project 98-12. n. Change Order No. 1 with Northwest Asphalt, Inc. for 1998 sealcoating districts 3 and 4, City Hall/Library parking lot and Highview Avenue bituminous overlay, Improvement Projects 98-1, 98-18 and 99-3. o. Service Agreement with .Northern Air Corporation for HVAC maintenance at the Water Treatment Facility. p. Resolution No. 99-141 revoking County Road 46 as a Municipal State Aid Highway; and Resolution No. 99-142 supporting County Road 46 as a County State Aid Highway. q. Resolution No. 99-143 amending the Employee Handbook and .Liquor Store Employee Handbook concerning Management Information. System policies. • r. Receive ALF Ambulance Financial Report for the year ended December 31, 1998. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. 99.106 Motion was made by Luick, seconded by Sindt to approve the following consent agenda items: h. Resolution No. 99-131 vacating permanent drainage and utility easements in Andersons Century Farm Second Addition. I. Resolution No. 99-140 approving a license agreement with Canadian pacific (CP) Railway for sanitary sewer crossing at Upper 209' Street for Marion Fields. 9. Resolution No. 99-144 approving the final plat of Zweber Farm Sixth; and Resolution No. 99-145 vacating permanent drainage, utility and sanitary sewer easements and public street right-of--way:" Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Zaun. Ryan abstained due to a possible conflict of interest. CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 5 ITEM 8 Phyllis O'Connel and Brian Joas, representing US West Wireless, LLC, requested Council approval of a Planned Unit Development Conditional Use Permit to allow the construction of a cellular.telephone antenna on the JFK Elementary School property, 21240 Holyoke Avenue.. Mr. Sobota stated the proposed cellular telephone antenna is proposed to be 90 feet tall, and a planned unit development/conditional use permit is required when more than one principal structure is proposed on the property and the proposed antenna is higher than 15 feet.. He explained that at the request of the Planning Commission, US West. agreed to move the antenna 215 feet to the south, outside the immediate playground area. The antenna will include two lighting fixtures that will illuminate the southeast corner of the parking lot. Mr. Sobota further stated that US West has agreed to all stipulations recommended by the staff and Planning Commission. The lease agreement between US West and ISD 194 has been amended to include • all conditions of the conditional use permit. 99.107 Motion was made by Sindt, seconded by Luick to receive the Planning Commission Findings of Fact and Recommendation and approve a Planned Unit Development Conditional Use Permit to allow the construction of a cellular telephone antenna greater than 15 feet in height on property located at 21240 Holyoke Avenue. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM 10 Richard Krier, representing D.R. Horton, Inc., requested Council approval of the preliminary and final plat of Zweber Farm Seventh. Mr. Morey presented the preliminary plat of Zweber Farm Seventh, consisting of 43 single-family lots, and the Phase 1 final plat of Zweber Farm Seventh. The proposed development is located west of Highview Avenue, north of Dodd Boulevard and south of 175' Street. The first phase consists of six single-family lots in the southwest corner of the . preliminary plat. The second development phase will consist of the remaining 37 single-family lots, now designated as Outlot A. The CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 6 Planning Commission held a public hearing on Zweber Farm Seventh, and there were no public comments. The Planning Commission recommended approval subject to 12 stipulations. Staff recommends approval. Council Member Ryan stated that for reasons of possible conflict of interest, he would abstain from comment or voting on this item. Mayor Zaun indicated he felt that when considering housing developments, comments by the affected school district should be referenced and made a part of the plat recommendations. Mr. Morey stated that in the future, he would include the school district's comments as a stipulation in his planning reports. 99.108 Motion was made by Luick, seconded by Mulvihill to approve the preliminary plat of Zweber Farm Seventh and Resolution No. 99-146 approving the final plat of Zweber Farm Seventh, incorporating the April 6, 1999 letter from Independent School District 194. . Roll call was taken on the motion. Ayes, Luick, Zaun, Sindt, Mulvihill. Ryan abstained. ITEM 11 Ron Dahlen, representing Country Joe, Inc., requested Council approval of the final plat of Cherry Highlands Third. Mr. Sobota presented. the proposed final plat of Cherry Highlands Third, which consists of 33 single family lots, six townhouse lots and four outlots on property located in the northwest corner of Cedar Avenue and Dodd Boulevard. The lot, block and street layout of the Cherry Highlands Third final plat is consistent with the approved preliminary .plat. Outlot A will be deeded to the City for additional park land. Outlots B, C and D will be final platted in the future for commercial uses, consistent with the approved preliminary plat. Mr. Sobota explained that development of Cherry Highlands Third includes the extension of 175t" Street to Dodd Boulevard, which is designated as a major collector in the City's Comprehensive Transportation Plan. An eight-.foot wide bituminous trail will be constructed along the north side of 175t" Street to Glacier Way. Glacier Way will also be extended to intersect with 175t" Street and will • include asix-foot wide concrete sidewalk on the northwest side. The developer will construct a westbound right turn lane and. an eastbound CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 7 bypass lane on Dodd Boulevard at the 175t" Street intersection. The developer has provided a roadway easement agreement for the Dodd Boulevard by-pass lane. The ordinance rezoning the subject property would become effective upon recording of the final plat. Council Member Sindt was concerned about the stand of trees along Dodd Boulevard and whether the trees will affect sight lines at the intersection of Dodd and 175t" Street. Mr. Sobota stated the engineering department has indicated that sight lines and sight distances at this intersection will be excellent to the west and acceptable to the east. Engineering further indicated that tree removal within the dedicated right-of-way might be required to improve sight lines. Council Member Luick asked about the potential for run-off from this development into the 175t" Street underpass that connects the Cherry. View neighborhood with Cherry View Park. Mr. Bob Wiegert of Paramount Engineering explained that catch basins and manholes will be used to intercept water and re-route it to the • existing. storm sewer in the park area. . Mr. Michaud explained that silt fencing, sod and seed are being used to try and stabilize this sub-watershed area. Council Member Ryan stated he was also concerned about site line distances on Dodd Boulevard. With regard to erosion control in the area of the 175t" Street underpass, he felt that as soon as the storm sewer work is completed, a quick restoration is essential, using some type of fast establishing turf. Council Member Ryan asked about pedestrian access to the park areas and whether that has been addressed since preliminary plat approval. Mr. Sobota explained that pedestrians .would be able to access the park on the sidewalk along the north side of Glacier Way, off 175t" Street to the pedestrian underpass. Mr. Michaud stated the potential for crosswalks on 175t" Street would need to be evaluated at a later date and. could be pursued if there is an acceptable location for a safe crossing. Council Member Mulvihill asked about traffic projections for the 175tH • Street and Dodd Boulevard intersection and the possibility for a stop light. Mr. Sobota stated the long-range transportation plan shows 175t" CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 8 Street continuing on to Cedar Avenue. The appropriate time to evaluate the intersection for signals would be after that property comes into the MUSA and that street connection is established. 99.109 Motion was made by Luick, seconded by Mulvihill to adopt Ordinance No. 649 rezoning property from R-A, Single-family Agricultural Residential District, and R-2, Single-family Residential District (100 foot wide lots), to R-2A, Single-family Residential District (85 foot wide lots), B-4, General Business District, and PUD, Planned Unit Development District; and approve Resolution No. 99-147 approving the final plat of Cherry Highlands Third. Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill. ITEM 12 Ron Dahlen, representing Country Joe, Inc., .requested Council apprQVal of the preliminary and final plat of Harris Acres Third. Mr. Morey presented the Harris Acres Third preliminary and final plat, .which consists of 82 single-family lots located on the north side of 170tH Street, east of Fieldcrest Avenue. The developer is also requesting to rezone the northerly portion of the subject property from R-2, Single- family Residential District (100-foot wide lots), to R-2A, Single-family Residential District (85-foot wide lots). The rezoning is consistent with the 1998 Growth .Management Task Force recommendations. Mr. Morey explained that Outlot A will include a storm water retention pond, which will be deeded to the City with the final plat. Street connections include 169tH Street, Fairhaven Avenue, Festal Avenue and Farrago Trail. Consistent with the Planning Commission recommendation, the developer is proposing additional landscaping along the north side of 170tH Street. The developer will also be preserving a number of significant trees, which will add to the buffer along 170t" Street. Mr. Morey stated the developer has submitted a Phase One Environmental Site Assessment and has agreed to remove the farm debris and crush and recycle the concrete debris by September 1, 1999. The developer has submitted a $10,000 cash escrow to guarantee removal of the debris. Mr. Morey indicated that School District 196 has been planning for the development of this property (which is within the MUSA boundary) and has no issues or concerns with the proposed CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 9 development. As a result of resident comments and the Planning Commission recommendation, the developer has submitted a revised landscape plan that includes six-foot evergreen trees at the rear of Lots 1-7, Block. 4, and Lot 1, Block 3, which abut the Kilkenny Pond subdivision. Karen Vinar, 16796 Fieldcrest Avenue, asked what size and type of tree the developer is proposing to plant adjacent to the Kilkenny Pond subdivision. Mr. Morey stated the developer plans to install six-foot tall evergreen trees along the lots that abut Kilkenny Pond. Ron Young, 16902 Fieldcrest Avenue, expressed concern with regard to the proposed rezoning to 85-foot wide lots. He felt that in the future, the City should send letters to homeowners that are directly affected by a proposed change to the City's Comprehensive Plan. Mayor Zaun stated the Council shares Mr. Young's concerns and will be discussing methods of increased communication concerning the City's Comprehensive Plan. • Mr. Erickson reminded the City Council that the preliminary plat could be modified by the City Council prior to consideration of the final plat if the Council chooses to proceed with 100-foot wide lots adjacent to Kilkenny Pond in lieu of the proposed landscaping. Council Member Ryan pointed out that all of the lots abutting Kilkenny Pond are more than 85 feet wide, thus the overall density is less than what it could be with 85-foot wide lots. He felt that the overall look of this development, with the ponding on Outlot A and the open space areas, will be very compatible with the neighborhood. He stated he would prefer to see the landscape berm remain in lieu of increasing lot sizes along the west .boundary of the preliminary plat. Council Member Luick stated he would also prefer to see the landscape berm remain, rather than ask the developer to increase lot sizes. Council Member Mulvihill stated she feels the City has gone out of its .way to inform residents as to what is happening in their neighborhoods. With regard to the City's comprehensive planning process, she pointed out that attendance at the various neighborhood meetings was • extremely poor, despite the City's attempt to include residents and gain their input. CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 10 • Mr. Wiegert explained that the developer had met with the Kilkenny Pond residents following the Planning Commission meeting and proposed to re-grade their rear yards and install catch basins to help resolve the drainage situation. The additional landscape berm was also discussed with that group of residents, and they were in agreement. Mr. Wiegert pointed out that it is highly unusual throughout the city to have rear property lines match corner to corner. 99.110 Motion was made by Sindt, seconded by Luick to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No, 650 rezoning property from R-2, Single-family Residential District (100-foot wide lots), to R-2A, Single-family Residential District (85-foot wide lots); and approve Resolution No. 99-148 approving the preliminary and final plat of Harris Acres Third, including the proposed landscape screening along the westerly boundary. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. • Council Member Ryan asked when the City's zoning map would become consistent with the City's approved Comprehensive Plan. Mr. Erickson stated a citywide rezoning will take place this fall UNFINISHED BUSINESS Keith Nelson relayed some of the concerns expressed by Lake Vale Townhome property owners with regard to the reconstruction and proposed median on County Road 50. Don Theisen, Dakota County Highway Engineer, stated that while the Lake Vale Townhome residents do not want the proposed median on County Road 50, he feels the plan is the best long-term transportation solution and should continue as proposed. He pointed out that other property accesses along Highway 50, such as City Hall and the new library, will also be affected by the median. David Ringeisen, 20215 Hunter Court, stated he feels this project is premature. Council Member Ryan shared an experience he had over a year ago with • representatives of UBC, who were also frustrated about the proposed CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 .PAGE 11 median. He stated he was assured that the County had good reasons, for transportation purposes, to cut off the !eft turn accesses. Mr. Erickson stated he feels Iberia Avenue to the west would eventually necessitate a frontage road or rear access road along the railroad. He stated he feels the City should always .keep in mind and observe any opportunity in the future to connect Hunter Court to the south. Council Member Mulvihill explained that the availability of turn-back funds was what encouraged City and County officials to proceed with the road improvement project at this time. By acting now, rather than waiting until development in the area demands construction, the city and county can save property owners along County Road 50 (202"a Street) from future property assessments for street improvements. Mayor Zaun pointed out that if the City is successful, the substantial development on the north side of County Road 50 should lead to re- development on the south side. He pointed out another key element, that being the possible future abandonment of the railroad, which the • City has no control over at this time. He stated if that abandonment was to occur, the City would be in a position to pursue an alternate access to the Lake Vale Townhomes. Mary Jo Austin, 20223 Hunter Court, voiced her frustration that the Hunter Court residents were not aware of the project, as information was only sent to the Lake Vale Townhome Association and. not to the individual. home owners. Mr. Erickson stated the City communicated with Lori Marsh, who was in charge of the association at that time. She obviously had not relayed the information to the homeowners. He assured Ms. Austin that all information in the future would be sent directly to the homeowners. 99.111 Motion was made by Ryan, seconded by Luick to send all mailings directly to the individual property owners in the Lake Vale Townhomes instead of the homeowners association; as redevelopment occurs in the immediate area, staff shall pursue opportunities for another access to Lake Vale Townhomes; in the immediate future, the residents of Hunter Court be provided with a map showing how motor vehicles and emergency vehicles would enter and exit Hunter Court; and the Dakota County Highway Department shall send a letter to the residents_on • Hunter Court memorializing the availability of U-turns on County Road 50. CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1999 PAGE 12 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. NEW BUSINESS Council Member Sindt suggested the possibility of donating the City's old computers to the Minnesota Computers for Schools Refurbishing Program. Mr. Erickson stated the .city has several computers in the Police Department that are not Y2K compliant and could be donated for this purpose. Staff could look into the matter and make a recommendation at the next City Council meeting. Council Member Mulvihill suggested making residents aware of this program by placing an article in the Messages page. 99.112 Motion was made by Sindt, seconded by Ryan to direct staff to look at donating used computers to the Minnesota Computers for Schools . Refurbishing Program. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ANNOUNCEMENTS Next regular Council meeting, June 21, 1999 Mayor Zaun adjourned the meeting at 9:45 p.m. Respectfully submitted, Charlene Friedges, City Jerk Duane Zaun, Mayor •