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HomeMy WebLinkAbout05-04-98 a, CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ryan, Sindt, Holberg and Mayor Zaun. Absent:. Councilmember Mulvihill 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; D. Volk, Director of Operations & Maintenance; D. Morey, Planner; Frank Dempsey, Associate Planner; D. Krings, Chief Building Official; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the April 20, 1998, regular Council meeting were approved with a correction under Item 7i on Page 9. The April 20, 1998, special Council meeting and the April 1, 1998, Council.. work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a corrected resolution relating #o parking restrictions along a portion of Judicial Road, Item No. 14. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the April, 1998, .monthly report of the Operations & Maintenance Department. PRESENTATIONS/INTRO®UCTIONS Mr. Volk stated the dedication of the City's new water treatment plant on Saturday, May 2nd, was timed to coincide with Drinking .Water Week. He presented a proclamation declaring May 3-9 as Drinking Water Week in Lakeville. Councilmember Ryan read the proclamation. CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 2 98.102 Motion was made by Sindt, seconded by Holberg to proclaim May 3-9, 1998, as Drinking .Water Week in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Holberg. Chief Martens introduced Police Reserve Officers Joe Farrington, Thomas Knutson, Daniel Michael, Cynthia Ryan, Mike Scheurer and Kerrin Swecker. Mayor Zaun administered the oath of office to the reserve officers. Linda Waiter, Senior Coordinator, and Ron Oliphant, an instructor. for the local 55 Alive/Mature Driving courses, presented a proclamation declaring May 24- 30 as 55 Alive/Mature Driving Week in Lakeville. Councilmember Sindt read the proclamation. 98.103 Motion was made by Sindt, seconded by Holberg to proclaim May 24-30 as 55 Alive/Mature Driving Week in Lakeville.. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Ryan. Linda Walter, Senior Coordinator, presented a proclamation proclaiming May 10-16 as Senior Center Week in Lakeville. Mayor Zaun read the proclamation. 98.104 Motion was made by Sindt, seconded by Ryan to proclaim May 10-16 as Senior Center Week in Lakeville.. Roll call was taken on the motion. Ayes, Sindt, Holberg, Ryan, Zaun. Mr. Michaud presented the Tree City USA Award, which is being presented to the City of Lakeville by the National Arbor Day Foundation for the sixth consecutive year. Councilmember Holberg read a proclamation proclaiming May 9, 1998, as Arbor Day in Lakeville. 98.105 Motion was made by Holberg, seconded by Sindt to proclaim May 9, 1998, as Arbor Day in Lakeville. .Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt. Mr. Krings introduced Lief Hanson, Zoning Enforcement Coordinator. CITIZENS' COMMENTS None CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 3 CONSENT AGENDA Councilmember Ryan asked that items 7e, 7g and 7i be removed from the consent agenda. Councilmember Holberg asked that items 9 and 10 be added to the consent agenda. 98.106 Motion was made by Sindt, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, April 14, 1998 Parks & Recreation Committee, April 15, 1998 Planning Commission, April 16, 1998: Ice Arena Advisory Committee, April 22, 1998 c. Resolution No. 98-82 accepting donation from. VFW Post 210 for the firearms safety training program. d. Agreement with Body Dryland Hockey School to conduct. a dryland hockey. camp at the McGuire Jr. High School hockey rink and warming house. e. (Removed from consent agenda} f. Limited Use Permit with Mn/DOT and acknowledge receipt of trail easement from Lakeville Land, Ltd. for construction of the 205th Street trail, Improvement Project 98-2. g. (Removed from consent agenda) h. Resolution No. 98-84 receiving feasibility report and calling' a public hearing for Districts 3 and 4 sealcoating, Improvement. Project 98-1. i. (Removed from consent agenda) j. Special assessment agreement with Mark Finholt for part of Lots 3 and. 4, Block 1, Kingswood Estates, Improvement Project 96-6. k. Cigarette license. for Brackett's Crossing Country Club. CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 4 i I. Agreement with Dakota County for maintenance of I-35 park & ride lots. m. Resolution. No. 98-85 accepting a donation from Keith Nelson to the water treatment plant. n. Real Estate Purchase Agreement with Eryn O'Brien and Jeffrey Markee for 14.8 acres of property along Klamath Trail o. Resolution No. 98-86 accepting a donation from Michelle Gerevics to the Parks Department. p. Tree service operator license for Tamarack Tree Service.. q. Licensing agreement with Ergometrics for police officer testing. 9. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a detached accessory building at 16180 Garner Avenue 10. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a detached accessory building at 11556-195th Street West. RoIP call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Holberg. ITEMS 7E, 7G, 71 Councilmember Ryan stated he will be abstaining from voting on these items due to possible conflicts of interest. 98.107 Motion was made by Holberg, seconded by Sindt to approve the following consent agenda items: e. Trunk sanitary sewer and watermain credits. for Quail Meadows. g. Resolution No. 98-83 approving special assessment agreements, easement agreements,.. plans and specifications and setting a bid date for 210th Street sanitary sewer and watermain extensions, Improvement Project 98-3. i. Amendment to development contract for Harris Acres First. CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 5 Roll call was takeh on the motion. Ayes, Zaun, Sindt, Holberg, Ryan abstained. ITEM 8 Mr. Bernie Fink of F & L Enterprises requested Council approval of a- conditional use permit to allow the construction of an office/warehouse building on property located east of Kenrick Avenue, south of 215th Street. Mr. Sobota presented the conditional use permit application. The parcel of property, he stated, is located outside the current MUSA boundary. It has a building on it which is proposed to be removed. The property was. partially graded by the previous owner prior to receiving a grading permit and was cited for the violation. The charges will be dropped if this project receives conditional use_ permit approval Mr. Sobota stated that over the last five years there have been three different proposals for the site. Staff feels that F & L Enterprises will carry out development of the site per the proposed conditional use permit. The office area of the building is being changed from a two story, as originally planned, to a single story facility. Staff feels this change improves the appearance of the building. Additional landscaping is being required along the northerly driveway for screening from Kenrick Avenue. Access permits will be required from the Dakota County Highway Department for access to the site off of Kenrick Avenue. The Council is also being asked to approve an assessment agreement for storm sewer area charges and dedication of a permanent easement for the designated wetland. Councilmember Sindt raised a concern with regard to the parking area. Mr. Sobota stated the proposed parking currently meets the demand. If the operation were to expand, the owner would have to apply for a conditional use permit amendment and indicate where additional parking would be located. 98.108 Motion was made by Sindt, seconded by Ryan to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow: the construction of an office/warehouse building on property located east of Kenrick Avenue and south of 215th Street near the south city limits, and approve a Special Assessment Agreement with Darren Giles and Daniel Giles, contract purchasers, and Wilfred J. Nelson, Trustee of the Tri-State Machinery Company, and an Easement Agreement with Wilfred J. Nelson, Trustee of the Tri-State Machinery Company. Roll call was taken on the motion. Ayes, Sindt, Holberg, Ryan, Zaun: CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 6 ITEM 11 Lonnie Smith, Director of Business Services with ISD 194, requested Council approval of a conditional use permit amendment to allow the installation of additional portable classrooms at McGuire Junior High School Mr. Dempsey presented the proposed conditional use permit amendment. He stated the two additional portable classrooms will be attached to the east side of the four. existing portable classrooms. All portable classrooms will be .removed prior to the opening of the new junior high school in the fall of 1999. The Planning Commission recommended approval of the conditional use permit amendment with five stipulations. 98.109 Motion was made by Holberg, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Conditional Use Permit No. 91-01 allowing the use of portable classrooms at McGuire Jr. High School, 21220 Holyoke Avenue. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt. ITEM 12 Mr. Don Patton, representing D.R. Horton-Minnesota, requested Council approval of the Zweber Farm Second and Zweber Farm Third final plats. Mr. Morey presented the final plat of Zweber Farm Second, which consists of 40 single family lots located west of Highview Avenue, south of Cherry View Elementary School. Zweber Farm Third. consists of 14 single family residential lots located south of Hyacinth Way and west. of Hyde Park Avenue. The developer is also requesting the vacation of a sanitary sewer .easement originally established to accommodate a sewer extension to serve the City's water treatment plant. The sanitary sewer easement will be replaced by a permanent street right of way and drainage and utility easements. At the request of the developer, Zweber Farm Second And Zweber Farm Third are being processed simultaneously with one development contract. Both are consistent with the approved Zweber Farm preliminary plat. Outlots A and B will be conveyed to the City for trail connections from 176th Street to the Cherry View Elementary School site. Councilmember Ryan stated he will abstain from action on this item due to a • conflict of interest. CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 7 Councilmember Sindt asked about the elimination of the provision in the Zweber Farm preliminary plat limiting the number of building occupancy permits issued yearly. Mr. Morey explained that with the upcoming construction of a new elementary school, School District 194 is reviewing boundary issues in the northern part of the city and has determined that. the Zweber Farm second and third addition students will be going to Cherry View Elementary School Children from the Andersons Century Farm. subdivision and the remainder of the Zweber Farm development will go to Eastview Elementary School Councilmember Sindt asked about any future plans to realign the intersection of Dodd Boulevard and Highview Avenue. Mr. Morey stated that project is not currently in the County's Capital Improvement Plan; however, the first addition of Zweber Farm was platted to accommodate the ultimate straightening of that intersection. From the City's perspective, the project is still being pursued. 98.110 .Motion was made by Holberg, seconded by Sindt to approve Resolution No. 98-87 vacating a sanitary sewer easement, Resolution No. 98-88 approving the final plat of Zweber Farm Second and Resolution No. 98-89 approving the final plat of Zweber Farm Third. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Ryan abstained. .ITEM 13 Ken Gust, representing North Suburban Development, Inc., requested Council approval of the revised preliminary plat of Dodd Valley Estates. Mr. Morey presented the. revised preliminary plat of Dodd Valley Estates, which consists of 98 single family lots located on the south side of Dodd Boulevard between Flagstaff Avenue and Pilot Knob Road. The original Dodd Valley Estates preliminary plat consisted of 57 single family lots and was approved by the City Council on December 15, 1997. Forty-two single family lots were shown, conceptually as a future development phase.. The developer would like to develop all 98 lots at this time. The developer lost one lot from the original development in order to provide a second street access to the subdivision at Dodd Boulevard and Farcry Way as requested by the neighboring residents and recommended by the Planning Commission. The Planning Commission held a public hearing. and unanimously recommended approval of the revised preliminary plat. Staff recommends approval subject to 10 stipulations. CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 8 Councilmember Ryan asked about a street angle in the southwest corner of the plat and whether the angle is acceptable. Mr. Morey explained that because Dodd Boulevard crosses at an angle at that location, it results in some unique lot and street configurations and jagged points on lots that are perpendicular to Dodd Boulevard. He stated the engineering staff reviewed the street. configurations and recommended approval. Councilmember Ryan stated he is not comfortable with the street angle as proposed and asked that the developer look for realignment options prior to final plat consideration.. 98.111 Motion was made by Ryan, seconded by Sindt to approve the preliminary plat of Dodd Valley Estates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Ryan. ITEM 14 Michael Falk, representing Weston Real Estate Corporation, requested Council approval of Orchard Hills 1st Addition and Orchard Hills 2nd Addition. Mr. Sobota presented the final plat of Orchard Hills 1st Addition, consisting of eight single family residential lots on the west side of Judicial Road at 168th Street. Orchard Hills 2nd Addition is located immediately north of the 1st Addition and consists of seven single family residential lots. The final plats are consistent with the preliminary plat approved by the City Council in 1997. The two final plats are being processed simultaneously with one development contract. Mr. Sobota stated the area>is heavily wooded, and some lots will require retaining walls in order to make them buildable. An additional $50,000 is being posted by the developer to guarantee construction of the retaining walls. The small wetland located in the central portion of the site will not be impacted by proposed project. The developer is providing a cash escrow for the future development of Judicial Road. In response to concerns raised by the neighboring residents, the Planning Commission is recommending approval of a resolution authorizing "no parking" on the south side of 168th Street from the intersection of 168th Street and Judicial Road to 16860 Judicial Road. Councilmember Sindt asked when the oak trees are susceptible to oak wilt. Mr. Sobota stated that because oak trees are susceptible to oak wilt between CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 9 April 15th and July 1st, the developer must follow special requirements in the tree preservation plan to prevent the spread of oak wilt. Councilmember Holberg asked the developer if any oak wilt was located on the property when the trees were evaluated. Mr. Falk stated there is some oak wilt in the second addition, mostly in an area where trees are proposed to be removed. He stated his forester has been working with the City's environmental engineer and forester in an effort to meet the requirements of the tree preservation plan. 98.112 Motion was made by Holberg, seconded by Sindt to approve Resolution No, 98-90 approving the final plat of Orchard Hills 1st Addition; Resolution No. 98- 94 approving the final plat of Orchard Hills 2nd Addition; and Resolution No. 98-92 authorizing " no parking" on the south side of 168th Street from the intersection of 168th Street and Judicial Road to 16860 Judicial Road. Roll call was taken on the motion. Ayes, Sindt, Holberg, Ryan, Zaun. ITEM 15 Mr. Byron Watschke, Fortune Realty, Inc., requested Council. approval. of the final plat of Lake Villa Golf Estates 9th Addition. Mr. Morey presented the final plat of Lake Villa Golf Estates 9th Addition, which consists of 21 townhouse lots, one single family lot, four common area lots and seven outlots located in the southwest corner of Kenyon Avenue and 179th Street.. In conjunction with the final plat, Mr. Watschke is requesting approval of a variance to allow a cul-de-sac street with a length greater than 500 feet, the vacation of an existing roadway, drainage and utility easement, and a wetland replacement plan. Mr. Morey explained that the need for a cul-de-sac street length variance resulted from changes made to the preliminary plat as requested by Lake Villa Golf Estates residents at the preliminary plat neighborhood meetings and public hearing. The neighbors did not want the 9th Addition private streets connecting to the existing 179th Trail. The developer eliminated that street connection by making the private street a long cul-de-sac. He pointed out that private streets are maintained by a homeowners association. The proposed easement vacation is for a segment of 179th Trail that was established in conjunction with the adjacent Lake Villa Golf Estates 7th Addition, which included a stipulation that the easement be replaced by CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 10 i .permanent street right-of--way when that segment is final platted. Mr. Morey explained that the 9th Addition preliminary plat and PUD rezoning were approved by the City Council last year. The property to the north was rezoned. last fall as requested by the. neighborhood residents. The .developer had agreed to rezone the property to R-5, which is suitable for townhouse or two- family dwelling units. Staff felt it was appropriate to reduce the width of 179th Street from 44 feet to 40 feet, because the property to the north of 179th Street as rezoned from commercial to residential. Staff is further recommending "no parking" on 179th Street from Kenyon Avenue to 179th Trail. Due to the environmental sensitivi#y of the area and plans to begin construction prior to July 1st, special tree preservation measures will be required. Staff recommends approval of the variance, resolution vacating a roadway, drainage and utility easement, resolution approving the final plat and resolution authorizing "no parking" along a portion of 179th Street. Councilmember Ryan expressed concern regarding the length of the cul-de- sac on Outlot B. Mr. Morey explained that the cul-de-sac, which is approximately 200 to 300 feet longer than ordinance standard, is being proposed in response to a request from neighborhood residents to not extend 179th Trail. Councilmember Ryan asked if any other alternatives were considered. Mr. Morey stated that in order to avoid pushing the house pads out into the wetland areas, this was the best scenario from an environmental perspective. Mr. Erickson explained that an extensive mediation process between the neighborhood residents and the developer yielded several compromises, including the cul-de-sac as presented. Councilmember Ryan asked about the width of the cul-de-sac on Outlot F. Mr. Morey stated it is 32 feet back to back. Councilmember Ryan also asked about site lines at .the entrance. Mr. Morey stated the engineering department reviews all subdivisions. in terms of internal flow and site line distance issues and recommended approval as presented. Councilmember Hoiberg asked the City Engineer about the. functional classification and corresponding road width of 179th Street/Keokuk Avenue as identified in the City's transportation plan. Mr. Nelson stated it is a major collector roadway, and the 40 foot right-of--way is appropriate. Mayor Zaun stated he feels the proposed 179th Street construction is an improvement for the area. He further stated in reviewing the justification. for the CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 11 variance, in his opinion it does not violate the intent and purpose of the zoning and subdivision ordinance. Mayor Zaun pointed out that approval of the variance and PUD agreement would require afour-fifths vote of the Council Councilmember Ryan stated he does not intend to vote in favor of this item, as he feels the 30 foot wide cul-de-sac in Outlot B is not large enough. to accommodate snow storage, fire equipment, etc. He stated he feels there was a trade-off between density and where the road could be placed. He felt that occasionally private streets in townhome developments end up being owned by the. City, and.. privately owned streets in Lakeville have always .been built consistent with other streets in the City. Mr. Erickson stated that in the interest of the environment and the developer's commitment to this project, he has concerns with .regard to the long standing agreement that has been achieved between the developer and the neighborhood residents. He suggested the Council proceed with the next item on the agenda and allow staff an opportunity to discuss alternatives to achieve .the standard 45-foot cul-de-sac turn around radius. ITEM 16 Ms. Friedges presented a precinct boundary map, proposing the creation of two'additional precincts. She explained that the additional precincts are being proposed in order to accommodate the growing number of registered voters in the north central area of the city. She explained that the southern portions of precincts 5 and 9 would make up a new Precinct 10, and the southern half of precinct 4 would be the new Precinct 11. The polling place for Precinct 10 would beat Eastview Elementary School, and the polling place for Precinct 11 would be at the Water Treatment Plant. She also proposed relocating the polling place in Precinct 8 from Fire Station No. 2 to North Trail Elementary School to better serve the .growing number of residents in that area of the. city. Ron Gerk asked if the polling places for Precincts 10 and 11 could be switched. The City Clerk stated both the Water Treatment Plant and Eastview. Elementary School would be appropriate polling places for either precinct. 98.113 Motion was made by Holberg, seconded by Sindt to approve new precinct boundaries and polling places as recommended by the City Clerk, (see Precinct Map on file in the City Clerk's office), with the polling place for Precinct CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 12 • 10 at he Lakeville Water Treatment Plant and the polling place-for Precinct 11 at Eastview Elementary School Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt. ITEM 15 CONTINUED Mr. Erickson stated a 45 foot radius can be achieved on the cul-de-sac in Lake Villa Golf Estates 9th Addition, necessitating a change in the setbacks on two lots to 25 feet. Councilmember Holberg stated that by creating the 45 foot radius, more. impervious. surface would be added to an environmentally sensitive area. She stated she doesn't feel the cul-de-sac radius needs to be made that large, given the fact that this particular development is environmentally sensitive. She further stated she feels. the developer has taken. every step possible to respond to the environmental concerns of the City and the Lake Villa Golf Estates neighborhood. . Councilmember Ryan stated the extra long cul-de-sac does not meet the City's standards. The layout lacks creativity and looks as if density has taken priority over good traffic patterns. Mr. Maurer stated they have tried. very hard to work with the neighborhood and feels the design of this project is excellent, considering this piece of property is very difficult to develop. He stated they would have preferred to have the street go through, however, the neighbors did not want that. Councilmember Ryan asked if the roadway could be realigned to the west of the wetland. Mr. Maurer stated by doing that they would lose a unit. He stated they have no objection to an increased radius of the cul-de-sac as recommended by staff. 98.114 Motion by Sindt, seconded by Holberg to table consideration of Lake Villa Golf Estates 9th Addition until the May 18, 1998, City Council meeting. :Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Holberg. UNFINISHED BUSINESS Councilmember Holberg provided. an update for the Council on the County Road 42 Corridor Task Force. CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1998 PAGE 13 • Councilmember Ryan asked the Council to reconsider the Highview Avenue overlay project (item 7i from the April 20th Council meeting) until after School District 194 decides what is needed on that street as far as turn lanes, by-pass lanes, etc. for the proposed new elementary school at Highview Avenue and 165th Street. He stated the Council may also want to reconsider improvement of the site line problem on 172nd. Street near the Holiday Stationstore at this time, as the roadway may be realigned to the north in the near future. Mr. Nelson stated the school- construction is not going to affect the Highview Avenue overlay. He stated there are currently some signs of deterioration on Highview Avenue, and it needs to be overlaid at this time. Councilmember Holberg stated the Orchard Lake Community Improvement Association has asked the area residents to provide feedback to the City prior to taking of bids on the overlay project (May 12th) as to whether.#hey feel the City should proceed with the improvement of 172nd Street at this time. NEW BUSINESS None . ANNOUNCEMENTS: Next. regular Council meeting, May 98, 1998 Mayor Zaun. adjourned the meeting at 9:45 p.m. Respectfully submitted, Charlene Frie ges, Cit Clerk Dua a Zaun, M y r