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HomeMy WebLinkAbout11-06-95 t ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6,1995 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: Couneilmernbers Johnson, Sindt, Mulvihill and Mayor Zaun. Absent: Councilmember Harvey. Also present: Roger Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community and Economic Development Director; S. Michaud, Parks and Recreation Director; D. Feller, Finance Director; D. Martens, Police Chief, Don Volk, Director of Operations and Maintenance. MINUTES The minutes of the October 16 ,1995 regular Council Meeting were approved as presented. • STAFF ANNOUNCEMENTS: Attorney: None Engineer: Mr. Nelson stated the Juno Trail head and the 202nd Street project on the southeast side of Lake Marion were paved today. Administrator: None Director of Operations & Maintenance: Mr. Volk presented the October monthly report. for Operations and Maintenance.. Mr. Volk reported the City crews have mixed approximately 900 tons of salt and sand. in anticipation ofthe forthcoming winter season. In response to Councilmember Johnson's question, Mr. Volk also stated that the City crews. plow state and county roads when they are in route to their assigned snowplow routes. In response to Councilmember Mulvihill's question, Mr. Volk stated that the Water Meter Replacement Program will commence in mid-February. Public notification will be provided with articles in the Messages, programming on Channel 16 and notices mailed to customers. .Finance: Mr. Feller reported that the City Tax Capacity Rate for 1995 will drop by 3%. ISD 192 (Farmington), ISD 194 (Lakeville) and the County • CITY OF LAKEVII,LE COUNCII, MEETING NOVEMBER 6, 1995 PAGE 2 Tax Capacity Rates will. also drop by 13%, 11% and 5% respectively. The Tax Capacity Rate for. ISD 196 will remain unchanged. Taxes on a $100,000, $120,000 and $140,000 will drop by $115, $156 and $193, respectively. - Mr. Erickson pointed out that the decrease in taxes is further evidence hat the Growth Management Strategies are indeed effective. PRESENTATIONS/INTRODUCTIONS Mr. Bob Staupe, Lakeville's representative to the Dakota Alliance for Prevention, was present to receive the Proclamation for Chemical Health Week from the City Council. Mr. Staupe. presented the City Councilmembers with red ribbons which symbolizes support for Chemical Health Week. 95.196 Motion by Sindt, seconded by Mulvihill to adopt Proclamation proclaiming November 13-19, 1995 as Chemical Health Week Roll call was taken on the motion. Ayes: Zaun, Sindt, Mulvihill, Johnson. Citizens Comments: None CONSENT AGENDA Councilmembers removed Item 7W, Conditional use permit to allow the construction of an addition. onto an existing non-conforming single family dwelling on anon-conforming single family lot located at 12190 Upper 167th Street West, which requires a 4/S's vote of the Council for approval, from the Consent Agenda, Councilmembers added Item i 1 to the Consent Agenda. 95..197. Motion by. Johnson, seconded by Sindt to approve the` consent agenda items as follows: a. Claims for payment. b. Receive minutes of the October 10, 1995 Cable TV Board meeting, the October i 7, 1995 Environmental affairs Committee meeting, the October 18, 1995 Parks & Recreation Committee meeting, the October 19, 1995 Planning Commission meeting, the October 24, • CITY OF LAKEVII,LE COUNCII. MEETING NOVEMBER 6, 1995 PAGE 3 1995 Economic Development. Commission meeting, and the October 9, 1995 Snowmobile Trail System Review Task Force meeting. c. Final acceptance of utility improvements, :Shady .Oak :Shores 7th Addition. d. Final acceptance of utility improvements, Cedar Highlands 5th Addition. e. Final acceptance of utility improvements, Country Creek Estates. f. Storm Sewer and watermain oversizing credits for Shady Oak Shores 7th and 8th Additions. g. Change Order No. 1 with Hoffman-McNamara Construction for Phase One Bond Referendum Improvements. • h. Contract with City of Rosemount for use of Fire Safety House. i. Call a public hearing for December 4, 1995, for the renewal of on- sale and Sunday liquor licenses. j. Contract addendum for cleaning services with Osland Building Maintenance and Polished Brass Cleaning Service. k. Resolution No. 95-221 amending Employee Handbook for employee insurance. 1. Resolution No. 95-222 authorizing acquisition of property, conveyance of an easement and an off-site storm water connection chargeagreement. m. Resolution No. 95-223 authorizing reconveyance of land to State of Minnesota. n. Resolution No. 95-224 adopting assessments for improvements to property owned by the City of Lakeville. • CITY OF LAKEVII.LE COUNCIL MEETING NOVEMBER 6, 1995 PAGE 4 o. Approve 1996 senior citizen assessment deferments for Margaret Buerke and Benno Klotz. p. Amendment to .conservation. easement for Great Oak Shores Point. q. Resolution No. 95-225 authorizing anall-way stop at 173rd Street and Goodhue Avenue. r. Resolution 95-226 awarding contract for water meter procurement, replacement and read system. s. Change .order No. 4 with Greystone Construction Company for renovation of Fire Station No. L t. Receive resignation of Dick Townsend from the Hunting Committee. . u. Special assessment agreement with Benjamin and Helen Shannon, 10851-173rd Street West. v. Resolution No. 95-227 authorizing installation. of private stop signs. 1 L Resolution 95-229 approving final plat of Cracker Barrel Lakeville 2nd Addition. Roll calf was taken on the motion. Ayes: Sindt, Mulvihill, Johnson, Zaun. ITEM 7W Mayor Zaun asked if any member of the City Council had questions regarding the proposed Conditional :Use Permit. ' 95.198 Motion was made by Sindt, seconded by Mulvihill to receive the Planning .Commission's Findings of Fact and Recommendation and approve conditional use permit to allow the construction of an additional. addition onto an existing non-conforming single family dwelling on a non- conforming single family lot located at 12190 Upper 167th St. W. Roll call was taken on the motion. Ayes: Mulvihill, Johnson, Zaun, Sindt. CITY OF LAKEVII,LE COUNCII, MEETING NOVEMBER 6, 1995 PAGE 5 ITEM 8 Mayor Zaun opened the Public Hearing on the Certification of Weed and Grass Removal. Finance Director Dennis Feller attested that notices were duly published and mailed. Mr. Jim Robinette, Environmental Resources Director stated that the proposed assessments include the contractual cost of mowing, a $5 fee for legal notices publication, $25 administrative costs, $2 for County special assessment fees and interest. assessed at the annualized rate of 12%. Mr. Feller stated that the amounts not paid within 30 days would be certified to the County Treasurer/Auditor for collection with the subsequent year's taxes. There were no questions or comments from the audience. . 95-199 Motion was made by Johnson, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes: Johnson, Zaun, Sindt, Mulvihill 95-200 Motion was made by Sindt, seconded by Johnson to adopt the Resolution No. 95-228 adopting assessment of weed removal. Roll call was taken on the motion. Ayes: Sindt, Mulvihill, Johnson, Zaun. ITEM 9 Mr. Greg Eisele requested City Council consideration of an ordinance rezoning property located on the-south side of 160th Street east of Highview Avenue from R-2, Single Family Residential, to R-A, Single Family Agricultural Residential District to make the existing greenhouse operation a conforming use. Mr. Daryl Morey presented an overview of the proposed rezoning. Mr. Morey stated that a berm .and landscaping will be installed on the east, west and south sides of the property as a buffer to adjoining future residential • properties. Mr. Morey also presented a Purchase Agreement for the City's . CITY OF LAKEVILLE COUNCII, MEETING NOVEMBER 6, 1995 PAGE 6 acquisition of approximately 8 acres of property to be used as a neighborhood park. Mr. Paul Stein, 9810 Upper 161st Street, asked if the Eseies have the right to continue the greenhouse operation if the rezoning is not granted. City Attorney; Roger Knutsom stated that the Eiseles would have the right to continue the existing greenhouse business even if the zoning is denied; however, they would not be allowed to expand the operation. 95.201 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance 562 rezoning property from R-2, Single Family Residential District, to R-A, Single Family Agricultural Residential District, and approve a Real Estate Purchase Agreement with Gregory Scott and Sharon L. Eisele for the acquisition of 8 acres. Roll call was taken on the motion. Ayes; Sindt, Mulvihill, Johnson, Zaun. • ITEM 10 Mr. James Johnston, representing Sienna Corporation, requested City Council consideration of a minor comprehensive land use plan amendment, preliminary plat of Rock Island Townhomes, an ordinance rezoning property from B-4, General Business District, to PUD, Planned Unit Development, and accordingly approve the PUD agreement and final plat often lots. Mr. Marshall Oakes, representative from College City Construction, previewed the exterior elevations and floor, plans of the townhome units .proposed to be constructed. Mr. Daryl Morey<stated that the project is proposed to be constructed in two phases. The net density is approximately 13,000 square feet per dwelling unit. The townhome project has less impervious surface area than a commercial use allowed in a B-4 zone. Outlots A, B, and C are to be deeded to the City. Twenty-two foot sideyard setbacks will exist between the homes. The 45 foot radius for the cul-de-sac will be designed as part of the second phase of the final plat. • CITY OF LAKEVILLE COUNCII, MEETING NOVEMBER 6, 1995 PAGE 7 The developer will construct a trail and upgrade the south side of Klamath Trail to an urban section from the street entrance for the subdivision to County Road 5. Also, the developer will construct a sidewalk on the west side of the private street serving he development. The developer is dedicating a trail.and access easement west of the plat street entrance for future trail construction. The Planning Commission recommended the alignment of the entrance road for Rock Island Townhomes to be directly across from the main driveway to the Chart House for safety reasons. Mr. Walt Sternberg, 16720 Klamath Trail, stated his objection to the project on the basis of: • density is too .high • increase in the number of school-age children • inadequate storm water retention • the lack of adequate ($10,000) security • • inaccurate acreage calculations City Administrator Robert Erickson stated that Mr. Sternberg has left the Council Chambers in the same manner in which he left the Planning Commission meeting before anyone has a chance to respond to his questionslcomments. Mr. Erickson went on to point out that the staff had previously developed a working relationship with the adjoining property owners to the south to change the land uselzoning from commercial to residential. 1VIr. Erickson pointed out as stated at the recent Strategic Forums, several residents had expressed concern about the number of students residing at these type of projects. Based on similar projects in Lakeville, this project ..will generate very few students. Mr: Erickson stated that the developer is required to provide security in the amount of $465,000 to guarantee construction of IVLTRP basins and infrastructure, Drainage and erosion requirements are based on recommendations of Dakota County Soil and Water Conservation District which is an independent agency which has given this project very high marks for its environmental endeavors. The Environmental Affairs Committee recommended and the Planning Commission agreed that the preservation of trees was more important than the construction of a CITY OF LAKEVII.LE COUNCIL MEETING NOVEMBER 6, 1995 PAGE 8 proposed ag-lime trail. Therefore, the :proposed trail was removed from the plan. - Mr; Erickson also pointed out Ghat he_accuracy of the acreage within the plat is based on information provided by the County Surveyor which is entrusted with the responsibility of the accuracy of the plat. The developer has agreed to construct an urban section street and trail along the south side of Klamath Trail. The developer has incurred a significant amount of expense as a result of alignment of trails and curb on Klamath Trail which are of benefit and safety to all of the area residents. Mr. Erickson stated that the adjoining property owners other than Mr. Sternberg have voiced support of this project because of its sensitivity to the natural environment. Mr. Keith Nelson. stated that the runoff of the plat will be directed to . NURP basins which will allow for the settling of nutrients before the water enters the wetland area and flows to Orchard Lake. The staff will work with the developer in the design and construction of a 45-foot radius cul- de-sac prior to the approval of the second phase of the plat. The revised cul-de-sac design will not adversely impact setback requirements. 95.202 Motion peas made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a minor comprehensive land use plan amendment, Ordinance No. 563 rezoning property from B-4 to PUD, the preliminary plat for Rock Island Townhomes, and Resolution No. 95-230 approving the PUD Agreement and final plat for Rock Island Townhomes. Roll call was taken on the motion.... Ayes:: Johnson,: Zaun, Sindt, Mulvihill. ITEM 12 Mr. Sobota presented an overview of the infrastructure changes for Fairfield Business Campus as a result of the revised`New Morning Windows site plan. He highlighted the details of the purchase agreement which provides for the school district acquisition of the easterly 26 acres in .Fairfield Business Campus and the City acquisition of approximately 10 • CITY OF LAKEVII,LE COUNCII, MEETING NOVEMBER. 6, 1995 PAGE 9 acres of property located south of McGuire Junior High and JFK Elementary. 95.203 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 95-231 authorizing the sale and purchase of real property with Independent School District 194 and dispensing with requirements of Minnesota Statute 462.356. Roll call was taken on the motion. Ayes: Zaun, Sindt, Mulvihill, Johnson. NEW BUSINESS None. ANNOUNCEMENTS The next regular Council meeting is November 20, 1995. • S ecial Council meetin November 8 1995.. p g , Council Work Session November 8, 1995. Mayor Zaun adjourned the meeting at 8:40 p.m. Respectfully submitted: De ller, Fi nce Director ~rC ne Zaun, May