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HomeMy WebLinkAbout05-19-97 CITY OF LAKEVILLE COUNCIL MEETING • MAY 19, 1997 The meeting was called to order by Acting Mayor Sindt at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Councilmembers Johnson, Sindt, Mulvihill and Holberg. Absent: Mayor Zaun. Also. present: R. Knutson, City Attorney; B. Erickson, City Administrator (arrived late); K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Morey, City Planner; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the May 5, 1997, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS . ATTORNEY: None ENGINEER: None ADMINISTRATOR: Not present PARKS & RECREATION DIRECTOR: Mr. Michaud provided highlights of the April Parks & Recreation Department Monthly Report and the 1996 Parks & Recreation Department Annual Report. CHIEF OF POLICE: Chief Martens presented the April Police Department Monthly Report. PRESENTATIONS/INTRODUCTIONS Chief Martens presented a "Chief's Award of Merit" to four individuals for their significant contributions to the City's public safety efforts. Three of these individuals, lifeguards Ann Paulsen and Jeff Josephson and 13 year old Briana Bartell, were involved with saving the life of a four year old boy at Valley Lake Beach on August 6, 1996. Michelle Barth, who is away at college and unable to attend the Council meeting, was also involved in the rescue. Mr. Stephen C. Bennett of Medford, MN, received the award for his quick thinking which resulted in the arrest of a felon in the Countryview Mobile Home Park area. CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 2 Cable Coordinator Chris Oace presented the donation of cable equipment by the City of Lakeville to Independent School District 194. He explained that this equipment, along with some additional equipment that the School District will purchase, will enable the District to live cablecast school board meetings and achieve other goals for the Cable TV Educational Channel 22. Superintendent Carl Wahlstrom and Board member Holly Dahl accepted the donation and expressed their appreciation on behalf of the School District. .John Brutlag and John Wilhelm of the Lakeville Soccer Club presented to the City Council the club's proposal to fence the south side of the City's recently completed South Soccer Complex. The estimated cost of the project is $24,950.00, which will be funded 100% by the soccer club. Several youth members of the Lakeville Soccer Club presented a symbolic check in the amount of $25,000 to the City of Lakeville, representing the cost of the fence. CITIZENS' COMMENTS None CONSENT AGENDA Councilmembers removed Item 7d from the consent agenda. Councilmembers added items 11, 12 and 13 to the consent agenda. 97.97 Motion was made by Holberg, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. April Investment Report. c. Receive minutes of the following advisory committee meetings: Ice Arena Committee, April 30, 1997 Economic Development Commission, May 1 and May 6, 1997 Environmental Affairs Committee, May 6, 1997 Parks & Recreation. Committee, May 7, 1997 Planning Commission, May 8, 1997 d. (Removed from Consent Agenda.) e. Resolution No. 97-107 accepting a donation from the Lakeville Soccer Club to the Parks & Recreation Department. CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 3 f. Resolution No. 97-108 adopting Management Information System (MIS) Policies. g. Contract Addendum with Osland Building Maintenance and Polished Brass Cleaning Service effective June 1 to November 30, 1997. h. Resolutions No. 97-109, 97-110 and 97-111 accepting donations to the Parks & Recreation Department from the Knights of Columbus, Karon and Barb Geibe families and Provincial Bank. i. Resolution No. 97-112 authorizing submittal of applications to the Minnesota Department of Natural Resources for cross country ski and snowmobile trail grants. j. Labor Agreement with Law Enforcement Labor Services, Inc. Employees' .Union Local No. 177, Essential Employees, 1997-1998, Sergeants/Lieutenants. k. Receive application from Kwik Trip, Inc. fora 3.2% off-sale malt liquor . license at 16260 Kenrick Avenue, and call a public hearing for June 2, 1997. L Receive application from Great Plains Lodging II, co-applicant with JDS Holdings, Inc., for an on-sale liquor license at Winslow's Steak, Pasta & Alehouse (formerly Towers Restaurant & Lounge), 20800 Kenrick Avenue, and call a public hearing for June 2, 1997. m. Estoppel Certificate with United Properties Investment Company. n. Resolution No. 97-113 approving a gambling permit for Fairview Hospital and Healthcare Services. o. Resolution No. 97-114 approving a gambling permit for Gillette Children's Specialty Healthcare. p. Resolution No. 97-.115 approving plans and specifications and setting a bid date for County Road 70 utility extensions, Improvement Project 97- 16. q. Change Order No. 4 with Ryan Contracting, Inc., Improvement Project 94- 1. s CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 4 0 r. Trunk storm sewer reimbursement for Grist Mill 2nd Addition. s. Resolution No. 97-116 approving plans and specifications and setting a bid date for 175th Street extension, and approve a temporary construction easement. with David and Tamara Hidalgo. t. Acquisition Agreement with Minnesota Department of Transportation for Lot 7, Block 30, Lenihan's Lots Antlers Park. u. Authorize staff to advertise the vacancy on the Environmental Affairs Committee. v. Agreement with First Bank National Association regarding Subordination of City's Interests in Contract with Di-Hed Yokes, Incorporated. 11. Receive the Planning Commission's Finding of Fact and Recommendation and approve a Conditional Use Permit for Northern Natural Gas Company to allow the installation of a 12-inch natural gas main within an existing gas utility. easement, and approve a Multiple Line • Rights Receipt with Northern Natural Gas Company. 12. Ordinance No. 601 rezoning property in Kingswood Estates from R-A, single family-agricultural residential district, to R-1, low density single .family residential district. 13. Appointment of the following persons to the Meals on Wheels Advisory Committee: Tom Vucinovich, two-year term expiring on 12/31 /98; Dale Baldus, two-year term expiring on 12/31/98; Sara Meecham, three-year term expiring on 12/31/99; Chuck Hadley, three-year term expiring on 12/31/99; and Sandra Cross, three-year term. expiring on 12/31/99. Roll call was taken on the motion. Ayes, Johnson, Sindt, Mulvihill, Holberg. ITEM 7D 97.98 Motion was made by Johnson, seconded by Holberg to approve Resolution No. 97-106 amending the General Fund Budget for the 35W Solutions Alliance 1997 membership dues, and direct the Mayor to send a letter to the 35W Solutions Alliance asking that a higher priority be placed on the reconstruction of the County Road 70 bridge. • Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson. CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 5 ITEM 8 Mr. Byron Watschke of Fortune Realty, Inc., along with his planner, Carl Dale, requested Council approval of the preliminary plat of Lake Villa Golf Estates 9th Addition, and a rezoning of the preliminary plat property from R-5, Single and Two Family Medium Density Residential District, to PUD, Planned Unit Development District. Mr. Morey presented the preliminary plat of Lake Villa Golf Estates 9th Addition, which proposes the development of 22 residential lots in the southwest corner of 179th Street and Kenyon Avenue. The plat will consist of a mixture of single family detached and attached dwelling units in a maintenance free environment, with a homeowners association, protective covenants and on-site amenities such as ponds/wetlands and walking trails. The PUD rezoning will allow clustering of the dwelling units to preserve the significant trees and wetland areas to the greatest extent possible. Mr. Morey. explained that the Lake Villa Golf Estates 9th Addition property was rezoned from B-4, General Business District, to R-5 in 1993, because it was felt to be the most suitable classification. The developer is required to upgrade 179th . Street to an urban section, including a sidewalk on the south side, as a part of this development. Mr. Morey explained that the developer hosted a neighborhood meeting on April 17th, just prior to the Planning Commission public hearing. Approximately 150 residents attended the meeting.. Several residents expressed concerns with the proposed development at the public hearing, and the Planning Commission tabled action to allow the developer an opportunity to meet with the residents and address their concerns. A neighborhood meeting was held by the developer, City Administrator and Assistant City Attorney on April 28th. The Planning Commission reopened the public hearing on May 8th and received a list of neighborhood concerns and an understanding reached between the residents and developer. The Planning Commission also received a traffic study prepared by the City's traffic consultant, SRF, which indicated that the proposed development of the 9th addition will not create a significant increase in trafFc. The developer presented plans to remove the existing Lake Villa Golf Estates entrance sign and replace it with a permanent monument sign at the entrance to the Lake Villa Golf Estates subdivision. The Planning Commission closed the public hearing on May 8th and recommended: approval of the revised preliminary plat, ordinance rezoning the subject property to PUD, and a resolution authorizing the acquisition of property for park purposes. • CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 6 Mr. Erickson outlined the key points raised by the residents at the neighborhood meeting, which have now been addressed by the developer: 1. Limit number of access points to one 2. Maintain a sound buffer from the Interstate with grade separation and evergreen trees 3. Neighborhood review of the PUD agreement to insure performance and compliance 4. Improvement to monument sign identifying Lake Villa Golf Estates subdivision 5. Modification of current commercial zoning immediately to the north of the 9th addition to R-5 6. Acquisition of property for a neighborhood park as identified in the 1994 park bond referendum Mr. Michaud explained that for several years, the City has unsuccessfully searched for property on the west side of I-35 in the Orchard Lake area for what the 1994 Park Bond Referendum refers to as West Park. Staff has contacted Mid-America Festivals Corporation regarding the acquisition of approximately 10 acres for a future neighborhood park off the south end of Kingsway Path near Lake Villa Golf Estates. Staff is recommending the City Council authorize the City Attorney to proceed with the acquisition. Mr. Erickson thanked Mr. Watschke for providing. a subdivision layout and wetland delineation which enabled the City to identify an appropriate location. for a neighborhood park. Mr. Scott Davies, 17819 Lake Cove Circle, complimented the City Administrator and staff for working with the residents in order to accomplish a win-win situation between the developer and the Lake Villa Golf Estates homeowners. Councilmember Holberg suggested that the builder identify, in his sales literature, he existing zoning on adjacent parcels to make potential buyers aware of the permitted uses. The builder and developer agreed to Councilmember Holberg's recommendation. 97.99 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 600 rezoning property from R-5 to PUD, approve the preliminary plat of Lake Villa Golf Estates 9th Addition, and approve Resolution No. 97-117 authorizing CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 7 acquisition of property for park purposes, and include a stipulation that the builder must inform potential buyers of the adjacent zoning. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson. .ITEM 9 Mr. Bob Wiegert, Paramount Engineering & Design, representing Country Joe, Inc., requested Council approval of the preliminary plat of Harris Acres. Mr. Morey presented the proposed preliminary plat of Harris Acres, which consists of 78 single family residential lots on the south side of 170th Street, east of Fieldcrest Avenue. The property is zoned R-2, and the southerly portion lies within the Shoreland Overlay District of North Creek. The developer is proposing to develop Harris Acres in one phase; however, it may have to be developed in two phases due to on-going North Creek floodplain (FEMA) mapping issues. Harris Acres includes three outlots. Outlot A is a wetland area; Outlot B will include a storm water retention pond; and Outlot C is proposed to be sold to the developer of the adjacent Bester property. Outlots A and 6 will be deeded to the City with the Harris Acres final plat. Councilmember Sindt asked what impact this development will have on School District 192. Mr. Morey stated the School District has been notified of the pending Harris Acres plat. Their only concern, Mr. Morey indicated, is with the timing of this plat and other nearby developments. Councilmember Sindt asked about the proposed street names, which are not consistent with the City's uniform street naming guidelines. Mr. Morey stated the County has submitted recommended street names for the final plat which are consistent with others in the area. 97.100 Motion was made by Johnson, seconded by Holberg to approve the preliminary plat of Harris Acres. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Sindt. ITEM 10 Mr. Bob Pitsor requested Council approval of a conditional use permit to allow the construction of an addition onto his home at 10163-205th Street. CITY OF LAKEVILLE COUNCIL MEETING MAY 19, 1997 PAGE 8 Mr. Sobota explained that staff identified several non-conforming issues with regard to the Pitsor property. The Pitsors have paved the driveway and corrected the sideyard setback encroachment. Per the Planning Commission's recommendation, the Pitsors have agreed to remove all but a 10.5 foot portion of the existing deck, extending from the north will of the house, and the remainder of the deck shall be brought into compliance with the shoreland ordinance prior tothe issuance of any future construction permit. Councilmember Johnson asked if the deck can be removed relatively easily. Mr. Pitsor stated it can. 97.101 Motion was. made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit for Bob Pitsor to allow the expansion of an existing non- conforming single family home located at 10163-205th Street. Roll call was taken on the motion. Ayes, Holberg, Johnson, Sindt, Mulvihill. UNFINISHED BUSINESS None • NEW BUSINESS None ANNOUNCEMENTS: Next regular Council meeting, June 2, 1997 Acting Mayor Sindt adjourned the meeting at 8:45 p.m. Respectfully submitted, Charlene Fnedges ity Clerk B ty ndt, Acting Mayor i