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HomeMy WebLinkAbout04-19-99 CITY OF ZAKEVILLE COUNCIL MEETING APRIL 19,1999 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; D. Morey, Planner; C. Friedges, City Clerk. MINUTES The minutes of the April 5, 1999 regular Council meeting and the April 12, 1999 special Council meeting were approved as presented. STAFF ANNOUNCEMENTS . ATTORNEY None ENGINEER None ADMINISTRATOR None PARKS & RECREATION DIRECTOR Mr. Michaud presented the 1998 Parks & Recreation Department Annual Report. POLICE CHIEF Chief Martens presented the March 1999 Police Department monthly report. ' PRESENTATIONS/INTRODUCTIONS Chief Martens presented a plaque to Dave Bellows, who recently resigned from the Lakeville Police Department to accept a position as Commander with the Dakota County Sheriffl s Department. Chief Martens then introduced newly promoted Sergeants Dave Delmonico and Kevin Manias. Mayor Zaun administered the oath of office to Sergeants Delmonico and Manias. • Council Member Luick read the proclamation for Volunteer Recognition Week. f CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 PAGE 2 99.77 Motion was made by Luick, seconded by Sindt to proclaim the week of April 18 through 24, 1999 Volunteer Recognition Week. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. Morgan Rogan, President of the Lakeville Area Historical Society, presented the Historical Society's 1998 annual report. Members of VFW Post 210 and its Auxiliary requested the City Council proclaim May 1, 1999 Loyalty Day in Lakeville. Council Member Mulvihill read the proclamation. 99.78 Motion was made by Mulvihill, seconded by Sindt to proclaim May 1, 1999 Loyalty Day. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. Mayor Zaun introduced Chris Pommerenke, Director of the Downtown Lakeville Business Association. Ms. Pommerenke presented Council members with a commemorative pin for the upcoming Ironman bike tour. • Mayor Zaun recognized Administrative Assistant John Hennen for his efforts in coordinating the City's annual clean-up day, which was held on Saturday, April 17~'. CITIZENS' COMMENTS None CONSENT AGENDA Council member Sindt asked that Item 7s be removed from the consent agenda. Council members added Items 10 and 11 to the consent agenda. 99.79 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. March Investment Report. c. Receive minutes of the following advisory committee meetings: Planning Commission, April 1, 1999 Parks & Recreation Committee, March 31, 1999 Environmental Affairs Committee, March 30, 1999 CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 ' PAGE 3 • Economic Develo ment Commission March 23 1999 p ~ , Lakeville Ames Arena, Apri17, 1999 d. Resolution No. 99-90 accepting donation from Judy Westrum to the Meals on Wheels program. e. Resolution No. 99-91 accepting a donation from Lieutenant Richard Schwartz. f. Resolution No. 99-92 amending the 1999 Surface Water Management Fund Budget. g. Resolution No. 99-93 receiving bid and awarding contract for an emergency/peak alert generator for the Water Treatment Facility, Improvement Project 99-6. h. Farm lease with Mike Streiff, Jr. i. Automated Clearing House ("OCH") Originations Agreement with Marquette Bank, N.A. • j . Resolution No. 99-94 approving a gambling permit .for .Turn in Poachers, South Metro Chapter. k. Resolution No. 99-95 receiving bids and awarding contract for Casperson Park storm water quality improvements, Project 99-1. I. Resolution No. 99-96 accepting donation from Domino's Pizza, Lakeville Sanitary Service, Inc., Quality Waste Control, Inc., Arden International Kitchens, and Menasha Packaging Corporation for Community Clean-up Day. m. Tree service operator license for Aspenwall Tree Service, Inc.. n. Three-year special home occupation permit extension to allow the operation of a hair salon at 16524 Jaguar Avenue. o. Resolution No. 99-97 vacating public drainage and utility easements on the south side of 208th Street, east of Holiday Avenue, for Tillges Construction. p. Resolution No. 99-98 vacating public drainage and utility easement at 17883 -179th Trail West for Richard Vogen. CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 PAGE 4 • q. Resolution No. 99-99 authorizing the establishment of "No Parking" on the east and west side of Kenrick Avenue and the north side of 165th Street at the Kenrick Avenue/165th Street intersection. r. Final acceptance of public utility improvements, Progressive Rail 1St Addition. s. (Removed from consent agenda) t. Agreement with Jerry and Sharon Tongen regarding environmental site assessment (petroleum tank release clean up) for Jerry's Repair and Yamaha. u. Resolution No. 99-101 amending the Lakeville Employee Handbook modifying the safety and health policy. 10. Resolution No. 99-103 vacating a public drainage and utility easement at 16375 Kenrick Avenue; Resolution No. 99-104 approving the preliminary and final plat of Leo's First Addition; receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Conditional Use Permit No. 94-14. • 1 L Resolution No. 99-105 approving the final plat of Marion Fields; and Resolution No. 99-106 vacating easements in Marion Fields. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ITEM 7S Mr. Michaud presented a resolution, on behalf of the Parks & Recreation Advisory Committee, naming the following Lakeville parks: Juno Trailway, Kensington Park, Dodd Pointe Park, McGuire Soccer Park, Cherryview Park, Cherryview Conservation Area, Greenridge Park and Quail Meadows Park. 99.80 Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 99- 100 naming Lakeville parks. Roll. call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM 8 Chief Martens introduced Jeff Nelson of Public Safety Communications Alliance. Mr. Nelson provided an overview of the Police Department's dispatch center equipment renovation project. Bids were received for the project, and Mr. Nelson CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 PAGE 5 • recommended awarding the equipment contract to Modular Communications, Inc. (Moducom), represented locally by Two-Way Communications, Inc. 99.81 Motion was made by Mulvihill, seconded by Ryan to approve Resolution No. 99- 102 receiving bids and awarding a contract for the Lakeville Police Communications Center equipment, Improvement Project 98-21. Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill. ITEM 9 Jack Matasosky of Appro Development, Inc. requested Council approval of a conditional use permit amendment for Grist Mill Company to allow a total building height in excess of 45 feet. Mr. Sobota presented the proposed conditional use permit amendment, which would allow the construction of an enclosed mechanical equipment cupola above the roof on the west end of Plant #2. The Planning Commission held a public hearing on the conditional use permit amendment and unanimously recommended. approval. Staff recommends approval. • 99.82 Motion was made by Luick, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment for Grist Mill Company to allow a total building height in excess of 45 feet on property located at 21335 Hamburg Avenue. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. ITEM 12 Mr. Ron Dahlen, representing Country Joe, Inc., provided an in-depth overview of discussions with City staff regarding single-family, multi-family and commercial uses for the property located immediately adjacent to Dodd Boulevard and Cedar Avenue. He requested Council approval of the preliminary plat of Cherry Highlands 3rd Addition. Mr. Morey presented the proposed preliminary plat of Cherry Highlands 3rd Addition, which consists of 33 single-family lots, 40 townhouse units, two commercial lots and approximately two acres of park land dedication for the expansion of Cherryview Park. The first phase will consist of the 33 single- familylots and 40 townhouse units. The two commercial lots will be final platted as outlots for future development. As part of this development, 175`" Street will be extended to intersect with Dodd Boulevard, and Glacier Way will be extended to intersect with 175d' Street.. An eight-foot wide bituminous trail along 175th CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 PAGE 6 Street will extend to Dodd Boulevard. The Glacier Way extension will include a five-foot concrete sidewalk on the south side. Mr. Morey explained that the preliminary plat of Cherry Highlands 31d Addition includes a proposed rezoning of the subject property from R-2, single-family residential and R-A, single-family agricultural residential, to R-2A (85-foot wide lots), Planned Unit Development for the townhouse units and B-4 general business district for the commercial lots. The proposed rezoning is consistent with the Cedar/Dodd Land Use Study component of the 1988 Comprehensive Land Use Plan, as well as the proposed 1998 Land Use Plan Update. Mr. Morey explained that both the 1988 and 19981and use plans identify commercial development as the highest and best use of the property immediately adjacent to the Dodd Boulevard and Cedar Avenue intersection. The proposed medium density will serve as a land use .transition between the low-density single-family and commercial areas. The proposed PUD rezoning for Lot 1, Block 5 will allow all B-2 District permitted and conditional uses, (excluding motor fuel facilities), plus restaurants and cafes, except drive-in and convenience food establishments and those serving alcoholic beverages. The Planning Commission unanimously recommended approval of the preliminary plat and rezoning. Staff recommends approval subject to the . stipulations outlined in Mr. Morey's planning report dated April 15, 1999. Robert Redmond, 17476 Goodland Path, stated he had previously been told that the subject property was designated for single-family residential development, and he objected to the construction of townhomes (moderate-priced housing) in this area. He stated he feels the development will have an impact on the school district and will decrease the value of his property. He stated he feels the developer's park land contribution is insignificant, as he feels Cherryview Park is under-utilized. Mr. Redmond suggested the project be delayed for several years. Scott Stumpfl, 17472 Goodland Path, expressed concern that traffic on 175tH Street will increase in volume and speed with this development. He also raised a concern regarding the underpass (tunnel) that provides pedestrian access to the park. The underpass is frequently flooded, he stated, and children are forced to cross 175' Street. He was also concerned that the value of his single family home will decrease because of the townhomes and felt that the development will have an adverse impact on Cherryview Elementary School. Council Member Sindt asked if the opening of the new elementary school this fall would help alleviate some of the crowding at Cherryview Elementary School. Mr. Erickson explained that adjustments were recently made to the elementary school boundaries in anticipation of the upcoming opening of the new school. . Those adjustments are intended to handle enrollment for a period of one to three years. CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 PAGE 7 .Council Member Ryan stated he is concerned aboutthe erosion problem in the tunnel and feels it should be addressed. He indicated that performance standards for townhouses and multiple dwellings are a concern of the City Council and have been addressed in the newly adopted comprehensive plan. He pointed out, however, that this piece of property is a product of a very extensive planning study done 10 years ago. The property has been designated for this use, and it would be nearly impossible, and unlawful, to deny the property owners the right to develop it as proposed. He stated he is pleased to see that some of the new performance standards have been applied to this development. Council Member Mulvihill stated she appreciates the efforts by the developer and staff to scale down the density of this project. Cities in general, she stated, are looking for what is considered life-cycle housing. She feels that a variety of housing is what the City needs. Responding to comments made by residents, Mayor Zaun stated the 1997 citizen survey indicated that a large percentage of residents feel that moderate-priced housing is needed in the City of Lakeville. The citizen survey also supported townhomes. He stated he believes that standards for townhomes have been outlined in the newly adopted comprehensive plan, which assures that medium- density residential structures have high quality, durable and low maintenance exterior wall treatments. The comprehensive plan also requires that a homeowners association be established within all owner occupied medium-density residential housing to insure long-term site maintenance. He stated he feels the community as a whole supports the proposed development. Council Member Ryan asked staff to provide expanded. information on a solution to the erosion problem in the tunnel and means by which pedestrians can safely access the park areas. 99.83 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the preliminary plat and rezoning for Cherry Highlands 3rd Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. UNFINISHED BUSINESS At the request of Council Member Ryan, Mr. Feller provided a status update on the construction of Lakeville Ames Arena, Phase 2. NEW BUSINESS None • CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1999 PAGE 8 • ANNOUNCEMENTS Board of Review continuation, May 3, 1999 6:00 p.m. Next regular Council meeting, May 3, 1999 7:00 p.m. Mayor Zaun adjourned the meeting at 9:30 p.m. Respectfully submitted, harlene Friedges, City rk Du e Zaun, Mayo