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HomeMy WebLinkAbout08-07-95 S CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 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: Councilmembers Johnson, Sindt, Mulvihill, Harvey 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, Chief of Police; D. Morey, Planner; C. Friedges, City Clerk. MINUTES The minutes of the July 17, 1995, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: Mr. Knutson asked the .Council to consider, under New Business, a settlement with Wendell and Deidre Lowry for Improvement Project 93-12. Engineer: None. Administrator: None. Director of Operations ~ Maintenance: Mr. Volk presented the July activities report for the Department of Operations & Maintenance. PRESENTATIONS/INTRODUCTIONS Mr. Erickson presented Certificates of Achievement from the Mid-America Economic Development. Council for excellence in the printed materials category to City staff members Mike Sobota, Carol Hymel (not present) and Lea Guenther and to LeDonna Riste of Dakota Electric Association. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers added items 12 and 14 to the consent agenda CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1995 PAGE 7 • 95.136 Motion was made by Sndt, seconded by Harvey to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, July 20th Parks & Recreation Committee, July 19th Environmental Affairs Committee, July 18th Economic Development Commission, July 25th c. Resolution No. 95-152 accepting a donation from St. John's Lutheran Church for the Meals on Wheels Program; Resolutions No. 95-153 and 95-156 accepting donations from Knights of Columbus and. Fidelity Services for the Kamp Kermit Program; Resolutions No. 95-1.54 and 95-155 accepting donations from First National Bank of Lakeville and Chemcentral for the Safety Camp. d. Appointment of Dee McManus to the Environmental Affairs Committee for the remainder of a 2-year term which will expire on January 1, 1996. e. Joint Powers Agreement with City of Farmington for emergency watermain interconnection. f. Resolution ,No. 95-157 vacating a portion of 168th. Street West. g. Resolution No. 95-158 approving a minor comprehensive plan amendment to bring the properties abutting 202nd Street included in Improvement Project 93-12 into the Year 2000 Urban Service Area. h. Resolution No. 95-159 authorizing condemnation of (Eisele) property for park purposes. i. Resolution No. 95-160 accepting a donation from Elizabeth L. Sindt, in memory of Clarence Sindt, to the DARE Program. j. Receive 1996 Fire Relief tax levy certification. k. Purchase of rubber flooring from Becker Arena Products in the amount of $5,233.41 for Lakeville Ames Arena • .CITY OF LAKEVLLLE CQUNCIL MEETING AUGUST 7, 1995. PAGE 3 I. Resolution No. 95-161 authorizing participation in the Safe & Sober Program. m. Twin Cities Water Quality Initiative Technical Project Grant Agreement between the Metropolitan Council and the City of Lakeville. n. Resolution amending the Liquorfund Budget. o. Change Order. No. 1 with Richard Knutson, Inc. for Improvement Project 94-12. p. Summary of Ordinance No. 555, an ordinance amending Ordinance No. 167, the Lakeville Zoning Ordinance, concerning the "R-MH" Manufactured Home .Park District. q. Quit Claim Deed and Settlement for the conveyance of portions of City owned property recently acquired from Roth,. Freerks, VonBank and Lundquist,. Parcels 1OA, 11A, 12A and 13) to Dakota County for use in the T. H, 50.improvement project. • r. Grant a general leave of absence for Kim Valek, Liquor Store permanent .part-time sales clerk, through September 30, 1995. s. Grant- cone-year extension of Conditional Use Permit No. 94-20 for Kwik Trip, lnc., at the intersection of Cedar Avenue and Glacier Way. t. Resolution No. 95-163 requesting a street name change in the Orchard Lake Hills subdivision from 167th Court West to Lake Hills Court. 12. Conditional use permit amendment for Dick's Sanitation Service to allow an accessory building for an industrial business on anon-conforming lot at 8984-215th Street West; and Resolution No. 95-167 vacating an existing drainage and utility easement. 14. Accept resignation of Shannon Bailey from the Dakota Alliance for Prevention. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. CITY OF l_AKEVILLE COUNCIL MEETING. AUGUST 7, 1995 PAGE 4 • ITEM 8 Mr. Michaud presented a Purchase Agreement for 8.5 acres of property from William and Edna Studer for use as a neighborhood park for the Cherry View area. The acquisition was authorized in the 1994. park bond referendum. He explained that a smatl outlot identified as Outlot C, which was originally assumed to be owned by the.Cherry View Third Addition plat developer, is actually owned by the Studers. Staff is recommending a deed transfer for Outlot C with the Studers. The Cherry View developer will be required to pay cash in lieu of credit against the park dedication fee for Outlot C. Mr. Michaud presented a preliminary concept of the proposed underpass, which would serve the Cherry View neighborhood park. Councilmember Sindt raised a concern regarding the location of a retention pond in the proposed park and its proximity to the playground. Mr. Nelson indicated that a gradual sloped., benched area exists around the pond as protection for children. 95.137 Motion was made by Harvey, seconded by Sindt to approve the purchase agreement in the amount of $85,000 with William and Edna Studer for 8.5 acres of property for a neighborhood park in the Cherry View area. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson, ITEM 9 Mr. Dick Schuller, representing Cherry View Development,. requested Council approval of the finale plat of Cherry View Third Addition. Mr. Morey presented the final plat of Cherry View Third Addition, which consists of 34 single family lots located north of 175th Street and east of Hayes Avenue. Cherry View Third Addition is consistent with the previously approved preliminary plat, which is subject to he zoning and subdivision ordinance requirements in effect prior to January 1, 1994. Mr. Morey explained that the City will acquire Outlots C and E from the Studers and Cherry View Development, .respectively, for the cons#ruction of a box culvert under 175th Street,. trail connections and landscaping. This would provide pedestrian access from the Cherry View neighborhood to the future City park to be developed on the south side of 175th Street. Staff recommends approval of the final plat of Cherry View Third Addition. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1995 PAGE 5 • Councilmember Harvey asked if there is any fill required under footings. The City Engineer stated there will be no filling required. Councilmember Johnson asked if any changes have been made to this development since the original preliminary plat of Cherry Vievr was approved. Mr. Morey'stated that the second phase would have had a number of driveway accesses onto 175th .Street if it would-have been developed consistent with the original preliminary plat. Staff worked with the developer to reconfigure the plat and move the driveways off of 175th Street and onto local streets, which is now required by City's subdivision ordinance. Also, some on-site ponding was provided to improve the plat. 95.138 Motion was made by Mulvihill, seconded by Johnson to approve Resolution No. 95-164 approving the final plat of Cherry View Third Addition. Rol{ .call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 10 Mr. Jack Matasosky, representing J & E Manufacturing, requested Council approval of the preliminary and final plat of Airlake Development Addition. Mr. Erickson stated an easement agreement with Airlake Development, Inc. (agenda item 10A) is not required at this time. Mr. Sobota presented the proposed preliminary and final plat of Airlake .Development Addition, which consists of one lot and two outlots located between County Road 50 and County Road 70, east of Hamburg Avenue. He explained that J & E Manufacturing is proposing a 16,390 square foot addition to their existing facility, which necessitates the purchase of two additional acres from Airlake Development, Inc. The proposed subdivision is separated by the public works site, which lies between Outlots A and B. A survey of the area has identified an encroachment of the City's public works bituminous driveway, the south row of evergreens and the east portion of the: City's tree farm on Outlot A. Mr. Erickson indicated -that the encroaching trees have been moved to a City park. The encroaching bituminous will be removed, and an eight-foot fence is proposed to be installed. Councilmember Johnson asked about possible future additions to this plat. Mr. Sobota stated that J & E Manufacturing would be willing to provide an easement for a shared driveway with a future developer of Outlot A. Future • access on the east side of Outlot A would be available when Grenada Avenue is extended .north of County Road 70, CITY OF I_AKEVILLE COUNCIL MEETING AUGUST 7, 1995 PAGE 6 i 95.139 Motion was made by Johnson, seconded by Mulvihil{ to approve Resolution No. 95-165 approving the preliminary and final plat of Airlake Developrnent Addition. Roll call was taken on the motion.. Ayes, .Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 11 Father Tiffany,. representing All Saints Catholic Church, requested Council approval. of the preliminary and final plat of All Saints Catholic Church and a conditional use permit to allow. the construction of a new church on 40 acres of property located north of City Hall. Mr. Morey presented the conditional use permit, preliminary and final plat of All Saints Catholic Church, which is located on the west side of Holyoke Avenue, south of 195th .Street.. The area includes a 400 stall parking lot, which is consistent withthe-recently approved zoning ordinance requirements for church parking lots. Two driveways are proposed to be extended from Holyoke Avenue. The northerly driveway includes a right turn lane on Holyoke Avenue far outhbound traffic, and the southerly driveway includes a by-pass lane on Holyoke Avenue for the northbound, left turning movement accessing the site. The church will be required to cash escrow for future improvements to Holyoke Avenue, including an eight foot bituminous trail. Staff recommends approval of the conditional use permit, preliminary and final plat for All Saints Catholic Church. Councilmember Sindt asked about the future of the existing church property. Father Tiffany stated they intend to work with .the City on the future use of this property. However, until Phase 2 (the primary education bui'Iding) is completed, they plan to retain the existing buildings and use the church as possibly a hall for social gatherings odor educational purposes. He stated they have no intention: of using the facility for a purpose that is not in keeping with the tradition. of the church and community. Councilmember Harvey asked if the recommended cash contribution equal to one dwelling unit to satisfy the .park dedication requirement is consistent with the City's policy. Mr. Erickson stated it is consistent with the past practice and policy for other churches. CITY QF LAKEVILLE COUNCIL MEETING AUGUST 7, 1995 • PAGE 7 95.140 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 95-166 approving the preliminary and final plat of All Saints Catholic Cfiurch, receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a church in an R-2, single family .residential district. Roll call was taken on the motion. Ayes,' Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM 13 Mr. Stephen Ryan, representing Lyman Development Company, requested Council approval of the preliminary plat of Kilkenny Pond, consisting of 81 single family residential lots located in the northeast corner of Flagstaff Avenue and 170th Street. Mr. Morey presented thepreliminary plat of Kilkenny Pond, which is proposed to be developed in two phases. The developer will construct a trail connection from Firestone Way, along the south side of the Fire Station No. 2 property, to the trail to be constructed on the east side of Flagstaff Avenue. Mr. Morey explained tha# the developer is requesting flexibility in the exact .placement of the street connection between Fieldcrest Avenue and the property to the east. The Planning Commission recommended allowing .flexibility in the exact placement of the street connection at the east boundary of the preliminary plat. He further stated that the Gity's transportation consultant, SRF, also recommended allowing the flexibility, .provided the connection is made. Staff recommends approval of the preliminary plat of Kilkenny Pond. Councilmembers Harvey and Sindt were concerned with the proposed street connection between Fieldcrest Avenue and the property to the east and stated they felt 169th Street should be extended to the east plat boundary, thus creating a full intersection. Mr. Morey explained that if the street were extended straight forward, rather than at lots 3 or 4 as proposed, the developer would lose two lots instead of one. He pointed out that .the street could only be moved the distance allowed by City ordinance. Mr. Tim Erkkila, engineer for the developer, stated he did not.#eel the jog in the street would provide an inconvenience to motorists, given the low density of the two single family subdivisions. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1995 PAGE 8 Councilmember Sindt stated that as the property to the east develops in the future, a straight intersection will become more important. Mr. Erickson explained that a significant amount of land to the east. is outside the Urban Service Area, and it could be 15 years before that land develops. Mr. Erickson went on to explain that other concessions were made by the developer, and he felt it would be a financial hardship to ask the developer to give up two lots for the street connection. He suggested the Council may want to consider granting a variance on one lot in order to accommodate a full intersection. The variance request could be submitted with the final plat. Councilmember Mulvihill stated she also preferred to see a full intersection. Councilmember Johnson stated he was willing to allow the flexibility requested by the developer. Mayor Zaun asked the City Attorney if Stipulation #9 of the planning report, as amended by the .Planning Commission at its July 20, 1995 meeting, maintains the Council's right to require a full intersection. The City Attorney stated it does. 95.141 Motion was made. by Sindt, seconded by Mulvihill to approve the preliminary plat of Kilkenny Pond. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 15 95.142 Motion was made by Harvey, seconded. by Sindt to set a Council work session for Tuesday,. August 29th, at 7:.00 p. m. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. UNFINISHED BUSINESS None. NEW BUSINESS Mr. Knutson presented a letter from Assistant City Attorney James R. Walston and a Grant of Permanent Easement executed by Wendell and Deidre Lowry for 202nd Street/Juno Trail, Improvement Project 93-12. He stated the settlement is consistent with previous discussions betweenthe City and the Lowrys. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1995 PAGE 9 i 95.143 Motion was made by Sindt, seconded by Mulvihill to approve a settlement with Wendell and Deidre Lowry as outlined in the letter from James R. Walston. dated August 7, 1995. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. Mayor Zaun adjourned the Council meeting at 9:05 p.m. Respectfully submitted, E ~s ~ Charlene Friedges, ' y Clerk Du ne Zaun, Ma