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HomeMy WebLinkAbout05-17-99 rr , CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 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; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the May 3, 1999 regular and special City Council meetings and the April 12, 1999 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY None ENGINEER None ADMINISTRATOR Mr. Erickson stated a neighborhood informational meeting was held earlier this evening for-the extension of Ipava Avenue from Lakeville Senior High .School to 185"' Street. Jim Walston will proceed with obtaining the necessary right of way, waivers and assessment agreements for that street extension project. PARKS & RECREATION DIRECTOR Mr. Michaud presented the Aprii Parks & Recreation Department monthly report. CHIEF OF POLICE Chief Martens presented the April Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Deb Garrison, a recently hired dispatcher for the Police Department. He then introduced Rose Kruchten, who was promoted CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 2 to fill .the position of Lead Communications Technician, and Karen Westberg, who was appointed to fill the newly created position of Records Supervisor. Mayor Zaun introduced Laura Adelmann, reporter for the Lakeville Life Times. Mayor Zaun read the proclamation for Legends and Legacy Day. Several students and their advisers representing the Diversity Committees of Lakeville and Burnsville high schools were present to accept the proclamation. 99.96 Motion was made by Mulvihill, seconded by Sindt to proclaim May 17, 1999 as Legends and Legacy Day in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. CITIZENS' COMMENTS None Mayor Zaun recessed the meeting at 7:25 p.m, and reconvened at 7:30 i p.m. Photographs were taken during the recess. CONSENT AGENDA Council members removed Item 7a from the consent agenda and added Items 9 and 10 to the consent agenda. 99.97 Motion was made by Sindt, seconded by Luick to approve the consent agenda items as follows: a. (Removed from the consent agenda) b. April Investment Report. c. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, May 4, 1999 Parks & Recreation Committee, May 5, 1999 Planning Commission, May 6, 1999 Economic Development Commission, April 27, 1999 CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 3 d. Resolutions No. 99-116,.117 and 118 accepting donations from Northern States Power Company, Chemcentral .and Lakeville Knights of Columbus to the Parks & Recreation Department. e. Single Audit Agreement with Eide Bailly LLP. f. Contract Addendum with Osland Building Maintenance. g. .Change Order No. 1 with Rink-Tec International for Lakeville Ames Arena, Improvement Project 98-6. h. Change Order No. 1 with Friedges Landscaping, Inc. for Lakeville Ames Arena, Improvement Project 98-6. i. Resolution No. 99-119 accepting donation of flags from VFW Post 210. j. Trunk water. main and storm sewer credits and multi-purpose trail reimbursement, Tarry Creek. k. Resolution No. 99-120 receiving feasibility report and calling a S public hearing for street lighting on 161 Street, Upper 161 Street and Jacquara Avenue, Improvement Project 99-11. I. Certificate of Completion for Di-Hed Yokes, Inc. m. Resolution No. 99-121 authorizing submittal of 1999-2000 snowmobile. and cross-country ski trail. grant applications to the Minnesota Department of Natural Resources. n. Resolution No. 99-122 authorizing "no parking" on a portion of County Road 70. o. Resolution No. 99-123 calling a public hearing on an amendment to Interest Reduction Program and Housing Development Project Plan and to Tax Increment Financing Plan for Tax Increment Financing District No. 8. p. Ordinance No. 648 amending Title 1, Chapter 8 of the Lakeville City Code concerning City elections. q. .License Agreement with The Lawrence Group for use of "Street Centerline and Landmarks" GIS data. CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 4 • 9. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a rear entryway addition at 20660 Howland Avenue. 10. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a detached accessory building at 8655 Upper 206' Street West. Roll call was taken. on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. ITEM 7A Council Member Ryan had questions about claims for payment to Cracker Barrel, G.E. Capital and Carlson Tractor. The Finance Director and City Administrator responded. 99.98 Motion by Luick, seconded by Mulvihill to approve claims for payment. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ITEM 8 Mr. Sobota presented the request of 11 properly owners in Homestead Creek East 3~d Addition for the vacation of a portion of existing conservation, drainage and utility easements within the rear yards of their lots. He explained that encroachments had occurred into the conservation easements on six properties, including fences, retaining walls, gardens and other landscaping, which are prohibited in the conservation easement. Mr. Sobota explained that some of the encroaching property owners feel their encroachment is the result of the conservation easement identification posts being installed in the wrong location. The Environmental Affairs Committee reviewed the request, and recommended support of the easement vacation on a 5-2 vote. While the .encroachments only occur on six lots, it was recommended that the vacation easement include small portions of all eleven lots for continuity purposes. The Planning Commission held a public hearing on the request and unanimously recommended approval Council Member Sindt voiced her concern that easement identification posts could be incorrectly installed in other areas of the city as well. Mr. CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 5 Sobota explained that the Homestead Creek East subdivision was the first subdivision approved with conservation easements. In more recent subdivision designs, the subdivision. includes the dedication of outlots instead of establishing. easements for wetlands. This keeps the wetlands out of the property owners lots and should prevent this situation from recurring. Council Member Luick asked if the City would be infringing on .what was delineated as wetland in the back yards. Environmental Engineer Tim Brown explained that under the State Wetland Conservation Act, there is a small amount of wetland that a property owner can fill without going through an administrative process of the Wetland Conservation Act. In this type of wetland, that amount is 2,000 square feet. Each lot, if viewed as a separate project, is below that threshold. Therefore, there is no violation of the Wetland Conservation Act in this situation. Council Member Luick stated he is somewhat uncomfortable infringing on the wetland, when the easement markings were specifically meant to prevent that. Mr. Erickson stated he feels the developer, in this case, could have done a better job of communicating the significance of the conservation i .easement and what constitutes an infringement. Council Member Mulvihill was concerned that residents don't understand easements and how to recognize them. She suggested including a segment in the Resident Guidebook defining and explaining the purpose of easements, e.g. conservation, drainage and/or utility. Council Member Ryan pointed out that there is a very small infringement on the wetland in this instance. He questioned whether the wetland should be re-delineated and the conservation easement re-established. Mr. Erickson explained that when the conservation easement was originally established, there were no property owners or mortgage holders involved. The ability to modify it now would be nearly impossible, because all parties would have to consent to it. Mayor Zaun expressed the importance of educating residents to respect the easements that are in place and avoid this type of situation from happening again. 99.99 Motion was made by Sindt, seconded by Ryan to approve .Resolution No. 99-124 vacating portions of conservation, drainage and utility easements in .Homestead Creek East 3rd Addition. CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 6 • Roll call was taken on the motion. Ayes, Mulvihill, Ryan, Zaun, Sindt. Nays, Luick. Council Member Luick stated he is not comfortable that the de minimis classification in the Wetland Conservation Act allows for after-the-fact encroachment. He also does not want to set a precedent that residents can encroach into these wetland areas. ITEM 11 Mr. Joel Cooper of James R. Hill & Associates requested. Council approval of the preliminary plat of St. Francis Woods. He responded to concerns that were raised by the Environmental Affairs Committee, the Planning Commission and residents attending the hearing held by the Planning Commission. Mr. Morey presented the preliminary plat of St. Francis Woods, which consists of 22 single family lots, 123 townhouse units and two commercial lots on 80 acres of land located south of 205' Street and east of Kenrick Avenue. The developer is also requesting the vacation of underlying easements and street right-of--way located within the preliminary plat . boundaries, which is consistent with City policy. The developer has also submitted a request to rezone a portion of the subject property from R-2, single family residential district, and B-4, general business district, to Planned Unit Development in order to accommodate the townhouse units. The vacation and rezoning would be submitted for approval with the final plat of phase one. Mr. Morey explained that the single family, medium .density, and commercial land uses are consistent with both the 1988 Comprehensive Plan and the newly adopted 1998 Comprehensive Land Use Plan update. The land use plans identify .commercial development as the highest and best use of the properly immediately adjacent to Kenrick Avenue, with an easterly land use transition to medium density residential and then low density residential adjacent to the existing single family homes. Kensington Boulevard would provide the physical transition point between single family and medium density development. A 100-foot wide Minnegasco easement provides the transition between medium density and commercial development. Mr. Morey explained that City staff and its planning consultant are currently working on new performance standards for townhouses and will bring forward a zoning ordinance amendment in the near future.. A number of those performance standards are incorporated in this development, i.e. decks, garages, and increased landscape buffering. CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 7 The Planning Commission held a public hearing on the preliminary plat and unanimously recommended approval subject to 19 stipulations listed in the planning report, along with seven additional stipulations.. Staff recommends approval City Engineer Keith Nelson explained that based on comments received at .the Planning Commission's public hearing for St. Francis Woods, staff re- evaluated reconstructing a portion of 205"' Street adjacent to this development. He explained .that Kenrick Avenue is proposed to be realigned and will connect to Kensington Boulevard in 2002 with the reconstruction of the County Road 70/I-35 interchange. Traffic is expected to increase on Kensinq~ton Boulevard, from increasing left turn movements off westbound 2051 Street to reach I-35. Therefore, rather than have the developer escrow for future improvements, staff is proposing the immediate construction of a three-lane urban section on 205' Street at the intersection of Kensington Boulevard/Kansas Avenue. Council Member Mulvihill stated she feels it is important that homebuyers are clearly informed up front that some units cannot have decks or three- season porches. She also felt uneasy about some units not having basements. Mr. Morey stated the new performance standards for i townhouses will provide some type of storm protection for those units that do not have basements. Council Member Ryan expressed concern that this townhouse project is being developed before the City's new performance standards are put into place. He was concerned with guest parking and outdoor storage. Mr. Morey explained that while this project would not be regulated by the new performance standards, the covenants associated with this development will be more restrictive than the City's ordinance requirements. Council Member Ryan stated he is opposed to a development of this size having privately-owned streets. He was also concerned about the setbacks along Outlot B and their close proximity to 205t" Street and that the ponding area (Outlot C) might get in the way of future adjustments to Kenrick Avenue and 205"' Street. He also felt that Kensington Boulevard should be constructed at its current width when it is extended north through this development, given the proposed future use of Kensington Boulevard as described by the City Engineer. He was also concerned that the proposal for the area west of Kensington Boulevard may be premature at this time and may not be the best overall use of the property, given its proximity to I-35. He stated he would have also liked additional information on the proposed City park (Outlot A). CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 8 . Mayor Zaun emphasized the importance of the homeowners' association declaration of covenants, since the new performance standards will not be in effect for this development. He also emphasized the importance of a transition between commercial and single-family residential development and the properly owner's right to proceed with development. Mr. Erickson explained that the reason Kensington Boulevard will be narrowed is to discourage trucks from traveling further north into the residential neighborhoods. He stated that Kenrick Avenue would be redesigned and widened to accommodate truck traffic when the County Road 70 intersection and bridge is reconstructed. Mr. Erickson explained the significance of the City's half-unit per townhouse guest parking requirement, which is criticized by developers as being excessive. In response to Council Member Ryan's concern, Mr. Erickson explained that the 205"' Street intersection will be completed to a full urban section with turn lanes in advance of new homes being built adjacent to 205"' Street. The proposed ponding area in Outlot C, he continued, will not preclude a proper Kenrick Avenue design. This will be shown more clearly on the final plat plans. 99.100 Motion. was made by Sindt, seconded by Luick to receive the Planning • Commission's Findings of Fact and Recommendation and approve the preliminary plat and rezoning for St. Francis Woods. Roll. call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill. ITEM 12 99.101 Motion was made by Mulvihill, seconded by Luick to table consideration of a Planned Unit Development Conditional Use Permit to allow the construction of a cellular telephone tower at JFK Elementary School until the June 7"' City Council meeting. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. UNFINISHED BUSINESS None NEW BUSINESS 99.102 Motion was made by Ryan, seconded by Luick to authorize City staff to provide an explanation in the Resident Guidebook and Messages regarding CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1999 PAGE 9 conservation or drainage and utility easements, explaining their purpose and how residents can avoid encroachments into these areas. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. 99.103 Motion was made by Ryan, seconded by Sindt to direct City staff to identify severe weather protection alternatives for homes that are built with no basements and to have the City Attorney render an opinion on the authority of the City to enforce these requirements. Roll call was taken on the motion. Ayes,. Sindt, .Mulvihill, Luick, Ryan, Zaun. Announcements: Next regular Council meeting, June 7, 1999 Council work session, May 27, 1999, 7:00 p.m. Mayor Zaun adjourned the Council meeting at 9:12 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk Dua a Zaun, Ma