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HomeMy WebLinkAbout05-18-98 CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 The meeting was called to order at 7:00 p.m. by Acting Mayor Sindt. The pledge of allegiance to the flag was given. .Roll call was taken. Present: Councilmembers Ryan, Sindt, Mulvihill, Holberg. Absent: 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, Chief of Police; John Hennen, Administrative Assistant; D. Morey, Planner; Don Volk, Director of .Operations & Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the May 4, 1998, City Council meeting and the March 18, 1998, • Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None CHIEF OF POLICE: Chief Martens presented the April, 1998, Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the April, 1998, Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced Jake Sedlacek, Summer Administrative Assistant for the Parks & Recreation Department. Acting Mayor Sindt read the proclamation. designating May 17-23, 1998, as Emergency Medical Services Week in Lakeville. CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 2 • 98.115 Motion was made by Mulvihill, seconded by Holberg to proclaim May 17-23, 1998, Emergency Medical Services Week in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Holberg. Mr. Erickson presented a recognition plaque to David Everds, who recently retired after nearly 12 years as Dakota County Highway Engineer. CITIZENS COMMENTS Mark Culverson, 17212 Harrington Way, asked .for the City's assistance in cleaning up tree branches in his neighborhood from the recent wind and hail storm. Mr. Erickson explained that several staff members assessed the storm damage throughout the city on Friday evening, immediately after the storm, and determined that the City would not have the available resources to clean up both rural and urban areas in an equitable manner.. He pointed out that since • many of the City's services are outsourced, Lakeville does not have the staff that some of the neighboring communities have to take on such a task. He stated Council members had been contacted, and they supported the staff recommendation of not proceeding with acity-wide tree and branch pick up. CONSENT AGENDA Councilmember Ryan asked that items 7d and 7q be removed from the consent agenda. Councilmembers also removed items 7e and 7n from the consent agenda and added Items 9, 10, 11, 12, 16, 18 and 19 to the consent agenda. 98.116 Motion was made by Mulvihill, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. Receive April Investment Report. c. Receive minutes of the following advisory committee meetings: Planning Commission, May 7, 1998 Parks & Recreation Committee, May 6, 1998 CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 3 • .Environmental Affairs Committee, May 5, 1998 Snowmobile Task Force, April 23, 1998 Economic Development Commission, April 28, 1998 Cable .Board, January 13, February 10, March 10, 1998 d. (Removed from consent agenda) e. (Removed from consent agenda) f. Resolution No. 98-95 accepting donation from Liberty Mutual Insurance Group to the Fire.., Department. g. Resolution No. 98-96 accepting donation. from Liberty Mutual Insurance Group to the Parks & Recreation Department. h. Resolution No. 98-97 accepting donation from Liberty Mutual Insurance Group to the .Police Department. i. Pan-O-Prog 1998 events scheduled at Lakeville. parks. j. City of Lakeville Beach Policy. k. Resolution No. 98-98 approving plans and specifications and setting a bid date for paving hockey rinks at Dakota Heights Park and Parkview Park. I. Tree service operator license for Root River Hardwoods, Inc. m. Janitorial contracts with Osland Building Maintenance, Tower Cleaning Systems and Building Maintenance Company. n. (Removed from consent agenda) o. Resolution No. 98-100 adopting the position classification and pay plan for exempt and non-exempt positions and setting forth the policy for the administration of the pay plan. p. Authorize submittal of an application to DNR Forestry for a Community Forest Health Grant. q. (Removed from consent agenda) CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 4 • r. Resolution No, 98-101 calling a public hearing on the proposed modification of Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 16 within the redevelopment project and the proposed approval and adoption of modified redevelopment plan and tax increment financing plan relating thereto. s. Purchase agreements for Lots 9, 10, 11 and 12, Block 12, Orchard Lake, and Resolution No. 98-102 vacating. existing pedestrian easement located in the Kingsley Cove subdivision. 9, Resolution No. 98-103 approving the final plat of Hypointe Crossing 7th Addition. 10. Resolution No. 98-104 approving the final plat of Town and Country Estates Second Addition. 11. Resolution No. 98-105 approving the final plat of Andersons Century Farm Addition, and Resolution No. 98-106 approving the final plat of Andersons Century Farm Second Addition. • 12. Resolution No. 98-107 approving the final plat of Dodd Valley Estates, and Resolution No. 8-108 approving the final plat of Dodd Valley Estates 2nd Addition. 16. Conditional use permit to allow the construction of a detached accessory building at 12280 - 197th Street West. 18. Conditional use permit to allow the construction of a house addition .and detached accessory building at 10527 - 202nd Street West. 19. Receive resignation of John Kline from the Environmental Affairs Committee. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan. ITEM 8 Brian Olson, representing Terrain Corporation, requested Council approval of the preliminary plat of Wyldewood Oaks. Mr. Morey presented the proposed preliminary plat of Wyldewood Oaks, which consists of 36 single family residential lots located on the north side of 185th CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 5 • Street between Jamaica Path and Ixonia Avenue. The property is currently owned by Marilyn Quist,. and she intends to continue residing in her existing home.. Her driveway access onto 185th Street will be relocated to a local cul- de-sac street within the Wyldewood Oaks development. Ms. Quist's house will be connected to city sanitary sewer and water. Mr. Morey explained that the subject property is heavily wooded and contains 10 wetlands. The developer is not proposing any wetland filling with this development, as he has carefully designed the street and lot layout to be sensitive to the natural environment. The preliminary plat plans have been reviewed by City staff, the Dakota County Soil & Water Conservation District, the Dakota County Plat Commission, ISD 194 and the City's advisory committees. The Planning Commission held a public ;hearing on the preliminary plat and unanimously recommended approval subject to 11 .stipulations. Staff recommends approval Councilmember Ryan asked if a future layout has been developed for the City- . owned property to the north. Mr. Morey stated a layout of the water tower property has not been developed, because the City has no future plans for the • property. It could support a few single family lots; however, the City. has no interest in developing it at this time. Councilmember Ryan asked if staff could. come up with a sketch layout of the property that would show a possible street configuration prior to final plat approval of Wyldewood Oaks. 98.117 Motion was made by Mulvihill, seconded by Holberg to approve the preliminary plat of Wyldewood Oaks. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Holberg. ITEM 13 Ross Larson, Landform Engineering, requested Council approval of the final plat of Quail Meadows 2nd Addition. Mr. Morey presented the Quail Meadows final plat, which consists of 19 single family residential lots on land located south ofi 170th Street between Fieldcrest. Avenue and Pilot Knob Road. The developer is also requesting the vacation of - existing street, drainage, utility and trail easements that have been replaced by permanent right of way. He stated Quail Meadows 2nd Addition is the final development phase of the 52 single family`lot preliminary plat and is consistent with the preliminary plat approved by the City Council in August, 1997. CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 6 Mr. Morey stated. the developer has agreed to construct a multi purpose trail connection along the south side of the development between the adjacent Harris Acres development and the North Trail Elementary School. The trail construction requires some wetland filling. Because the developer previously deeded the wetland to the City, a Declaration for Replacement Wetland must be signed by the City.. Staff recommends approval of the final plat, easement vacation. and wetland replacement plan. 98.118 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-109 vacating street, .drainage, utility and trail easements, Resolution. No. 98- 110 approving the final plat of Quail Meadows 2nd Addition, along with the Declaration of Restrictions and Covenants for Replacement Wetland.. Roll call was taken on the motion. Ayes, Holberg, Ryan, Sindt, Mulvihill ITEM 14 Lonnie Smith, Director of Business Services for Independent School District 194, requested Council approval of the District's Third Junior High School Mr. Dempsey presented the request of ISD 194 for a new junior high school to be located west of Dodd Boulevard and south of 185th Street. The site is proposed to be rezoned from R-A, single family agricultural residential district, to R-2, single family residential district. ISD 194 is also requesting the vacation of existing drainage and utility easements and a conditional use permit to allow construction of a school on the property. Access to the site will be off of Ipava Avenue. Ipava Avenue will be constructed to a four lane parkway design from the southerly driveway of the junior high school north across 185th Street to the existing driveway access to the water treatment plant. Right and left turn lanes will be constructed on Ipava Avenue at 185th Street for both north and south bound vehicles. Staff recommends approval of the rezoning, preliminary and final plat, easement vacation and conditional use permit for the new junior high school. The school is tentatively scheduled to open in the fall of 1999. Mayor Zaun arrived at 8:07 p.m. Councilmember Holberg suggested the City request Dakota County to post "No Parking" signs along 185th Street adjacent to the school Mr. Erickson suggested parking restric#ions could be requested along Dodd Boulevard as well CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 7 • 98.119 Motion was made by Mulvihill, seconded by Sindt to approve the following items for the .Independent School District 194 third junior high school: • Ordinance No. 628 rezoning property from R-A to R-2; • Resolution No. 98-111 approving the preliminary and final plat of Lakeville Third Junior High School; • Conditional use permit to allow the construction of a new junior high school in the R-2 District; • Resolution No. 98-112 vacating public drainage, utility and roadway easements; • Resolution No. 98-113 requesting parking restrictions on 185th Street and. Dodd Boulevard. Rolf call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 15 Byron Watschke, Fortune Realty, requested Council approval of the final plat of Lake Villa Golf Estates 9th Addition. In response to concerns raised at the May • 4th Council meeting, Mr. Watschke stated there is no way, in their opinion, that they can change the design of the cul-de-sac. He stated it was put in at the request of the residents and City staff, and if it is reduced, they would lose lots and setbacks which would put the project in jeopardy..... Mr. Morey explained that the street configurations for this plat were based on recommendations from the Lake Villa Golf Estates in-place neighborhood. The final plat as proposed is consistent with the preliminary plat approved by the Planning Commission and City Council approximately a year ago. Mr. Tim Keane, attorney representing Fortune Realty, respectfully requested Council approval of the final plat subject to the approved preliminary plat. He questioned the need for action on the cul-de-sac variance at this time, as it was incorporated and approved with the preliminary plat as part of the Planned Unit Development (PUD). Mr. Morey stated that in the past, variances are processed for cut-de-sac length; however, it is appropriate to have a cul-de-sac street approved as part of a PUD. In this case, staff took a conservative approach in bringing the variance. request forward. This action had already been taken with the PUD approval last year. • CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 8 • Mr. Knutson stated a PUD allows deviations from the zoning and subdivision ordinance requirements with regard to street design. Since the PUD was .approved, the deviation in the street design has also been approved. Scott Davies, 17819 Lake Cove Circle, spoke on behalf of the Lake Cove neighborhood and home owners association, and urged the City. Council to honor the previous agreement made between the developer, the residents and the City with regard to the cul-de-sac street. 98.120 Motion was made by Sindt to delete item 15a and approve items 15b, 15c, 15d and 15e for Lake Villa Golf Estates 9th Addition. The motion died for lack of a second. Mr. Erickson explained that, based on past practice, the developer should make the request to withdraw that item from the agenda. Mr. Keane stated the developer respectfully requests withdrawal of Item 15a, variance for cul-de-sac street length, from the May 18th Council agenda. Councilmember Ryan stated he had not been given any additional information with regard to options the developer now has with the proposed variance. 98.121 Motion was made by Holberg, seconded by Sindt to approve. the following items for Lake Villa Golf Estate 9th Addition: • Resolution No. 98-114 vacating a roadway, drainage and utility easement; • Declaration of Restrictions and Covenants for Replacement Wetland; • Resolution approving the final plat of Lake Villa Golf Estates 9th Addition; • Resolution authorizing "No Parking" on both sides of 179th Street West from the intersection of 179th Street West and Kenyon Avenue to the intersection of 179th Street West and 179th Trail West. . Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nays, Ryan. Councilmember Ryan stated he was not in favor of the street connection to 179th Trail West, and he felt the cul-de-sac designs in this plat do not work well for traffic flow. He also stated he is against PUD zoning, as it takes the control out of the City's hands, and a PUD should not be implemented to change the zoning of an area. • CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 9 i ITEM 17 Lyle Nash, representing Greenridge Associates, LLP, requested Council approval of the Greenridge preliminary plat. Mr. Morey presented the Greenridge preliminary plat, which consists of 133. single family residential lots on the west side of Flagstaff Avenue, south of 175th Street. The applicant is also requesting a rezoning of the subject property from R-A, single family agricultural residential district, to R-2, single family residential district. Mr. Morey stated the Metropolitan Council has approved a 2010 Metropolitan Urban Service Area (MUSH) line adjustment to include the southwest corner of the subject property in the 2010 MUSA. The. developer is proposing to deed to the City anine-acre parcel for a future neighborhood park to meet the park land dedication requirement as recommended by the Parks & Recreation Committee. The Planning Commission held a public hearing on the proposed preliminary plat and rezoning, and a number of neighboring residents from Country Pond South raised concerns regarding the connection of Foliage Avenue from 175th Street • to the Greenridge development. The residents did not feel the street connection was necessary. After considerable discussion, the Planning Commission recommended that Foliage Avenue be designed as a cul-de-sac with a pedestrian trail connection to 175th Street. Councilmember Holberg questioned the closure of Foliage Avenue as a cul-de- sac, stating it does not, in her opinion, provide good traffic patterns for the development. She asked if Foliage could be extended out to Flagstaff Avenue. Mr. Morey stated it could potentially be extended to Finesse Trail, however, it would encompass a large portion of the exception property, which would be a hardship for the current property owner. He pointed outthat this property owner has agreed to grant an easement for the trail connection on the west side of Flagstaff Avenue. Councilmember Ryan indicated he thought the existing Williams Pipeline easement would make the street connection difficult. Ralph Wagner of Probe Engineering stated Williams Pipeline has submitted a letter objecting very strongly to having the street built over the length of the easement. Councilmember Mulvihill also questioned the appropriateness of the cul-de-sac • in relation to emergency vehicle access and snow plowing. CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 10 Mr. Morey explained that the in place residents in Country Pond South were not aware when they built their homes that an outlot existed for a future public street extension, and they felt the street extension would affect their property values. Mr. Erickson stated the Planning Commission tried to be responsive to the residents' concerns and felt that the cul-de-sac would not create. a significant hardship. Mayor Zaun asked if staff expects to receive comments from ISD 192 regarding the impact of this development on the school district. Mr. Morey. stated ISD 192 officials have stated they feel North Trail Elementary School will be able to accommodate the additional enrollment from this development. Staff expects o have their comments in writing prior to final plat consideration. 98.122 Motion was made by Sundt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and. Recommendation and approve Ordinance No. 627 rezoning property from R-A to R-2, and .approve the preliminary plat of Greenridge. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 7D Ryan stated he is opposed to awarding the bid alternate for the reconstruction of 172nd Street. He stated the bid alternate came in 24% greater than what was budgeted for that work, and it may not be necessary if 172nd Street is re- routed in the future. He felt that the work is necessary only because of the Gateway development, and the taxpayers in general should not have to .pay for this. He asked if the cost for the 172nd Street reconstruction could be assessed to the Gateway property owners. He also stated he would like information as to if and when 172nd Street will be re-routed. Councilmember Holberg stated residents were asked to provide input on the proposed realignment of 172nd Street. Four to one indicated, for safety reasons, that it should be realigned now. Mayor Zaun asked if the future realignment of 172nd Street would be development driven. Mr. Erickson stated the initial phase of the City's Capital Improvement Plan includes right-of--way acquisition, which is assumed to take • about a year. The next phase would be to pursuea partnership with MnDOT and Dakota Countyfor funding, design and construction. CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 11 • Mr. Erickson responded to Councilmember Ryan's inquiry regarding assessing the cost of the 172nd Street reconstruction to the Gateway property owner.. He stated the City would have difficulty proving that only the Gateway property would benefit. 98.123 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98-94 receiving bids and awarding contract for 1998 miscellaneous bituminous overlays and street patching, Improvement Project 98-14. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Zaun, Sindt. Nays, Ryan. Councilmember Ryan stated since forthcoming information on the re-routing of 172nd Street is expected by June. 2nd, he felt this action could have waited. He also stated he doesn't think the general public should have to pay for something that was caused by the developer. ITEM 7E 98.124 Motion was made by Sindt, seconded by Holberg to table consideration of the Declaration of Restrictions and Covenants for Replacement Wetland for the Water Treatment Plant site. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill ITEM 7N 98.125 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-99 extending the Cable TV franchise. Roll call was taken on the motion. Ayes, Ryan, Zaun, Mulvihill, Holberg. Sindt abstained due to a conflict of interest. ITEM 7Q 98.126 .Motion was made by Sindt, econded by Mulvihill to approve Change Order No. 5 and final payment to Ryan Contracting for downtown street improvement project 94-1 L. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan S abstained due to a conflict of interest CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1998 PAGE 12 • UNFINISHED BUSINESS Councilmember Ryan suggested the City draft a policy regarding storm damage, which could possibly include provisions for hardship situations. Mayor Zaun agreed that the matter could be discussed. at a Council work session. NEW BUSINESS 98.127 Motion was made by Sindt, seconded. by Holberg to set a special Council meeting on June 22, 1998, at 9:00 a.m. for the public hearing on the establishment of Tax Increment Financing District No. 16. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ANNOUNCEMENTS Next regular Council meeting, June 1, 1998 . Mayor Zaun adjourned the Council meeting. at 9:33 p.m. • Respectfully submitted, Charlene Friedges, City Jerk Du a Zaun, Ma