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HomeMy WebLinkAbout04-17-95 y, CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 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; C. Friedges, City Clerk. MINUTES The minutes of the Apri13, 1995, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorne :None. Y Engineer: None. Administrator: Mr. Erickson recommended the City Council table agenda items 16,.17 and 18, to allow the staff, fiscal agent and bond counsel an opportunity to evaluate the merits of selling permanent versus temporary bonds. He stated this action comes as a direct result of the State House Tax Committee's proposal. to repeal State tax exemption for municipal bonds. Fire Chief: Chief Christensen presen#ed the 1994 Lakeville Fire Department Annual Report. Parks ~ Recreation Director: Mr. Michaud presented the March, 1995, Parks & Recreation Department monthly report. Chief of Police: Chief Martens presented the March, 1995, Police .Department monthly activity report. PRESENTATIONS/INTRODUCTIONS ti CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 2 • Chief Martens introduced Kathy Sherrard, Police Department Communications Technician. Dave Krings introduced Wanda Meyer, part-time secretary for the Building Inspections and Parks & Recreation Departments. Assistant Fire Chief Danny Barth introduced 11-firefighters who have uccessfully completedaheir two year probation. Chief Christensen presented badges to those firefighters present. Mr. Barth also introduced 12 new probationary firefighters. At this time, Mr. Barth provided an overview of a recent fire that destroyed the 24-unit addition to Winsor Plaza, providing some video footage of the scene. He expressed appreciation,. on behalf of the Lakeville Fire Department, to the employees of Despatch Industries for their help in evacuating the existing Winsor Plaza apartment building. Mr. Mark Ulfers, Executive Director of the Dakota County HRA, expressed appreciation to the employees of Despatch Industries, the Lakeville .Fire Department and others who provided mutual aid, the Lakeville Police and Reserves, City staff and downtown businesses for their tremendous response to this crisis. Dakota County Commissioner Paul Krause read a resolution adopted by the Dakota County Board of Commissioners recognizing and thanking those individuals and groups who provided assistance at the Winsor Plaza addition fire. The Mayor and City Council presented certificates of appreciation to the following groups and individuals: Despatch Industries employees, Jack Matasosky, Lakeville Fire Department, Farmington Fire Department, Apple Valley Fire Department, Rosemount Fire Department, Lakeville Police ...Department, Lakeville Police Reserves, ALF Ambulance, Schmitty & Sons School. Buses, 1nc.,-McDonald's, Marquette:Bank of Lakeville, Enggren's Food. Center, and VFW Post 210. Mayor Zaun .read a proclamation for Volunteer Recognition Week, April 23-29, 1995. 95.57 Motion was-made by Harvey, seconded by Mulvihill to proclaim the week of Apri( 23-29, 1995, as Volunteer Recognition Week. e ti CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 3 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. Certificates of recognition for community service were presented to the following groups and individuals: Margaret, Michael, Megan and Mason.. .Stillman, Debra Anderson,Mark Halepeska, Cub Scout Pack 262, Michael and -Rose Watry, Mark Hartway, Laurie Stoffel, Lakeville-:Family Center, Sherrin Vanstrom Sue Schmidt, Thomas & Lois Madvig and Russell & Beverly Welch. Mayor Zaun recessed the meeting at 8:30 p.m. and reconvened the meeting at 8:40 p.m. CITIZENS' COMMENTS Ms. Lova Anderson, 17934 Ipava Avenue, voiced her concerns and frustrations with children trespassing on her property. She was concerned that this activity will increase when the proposed new elementary school is built adjacent to her property. She requested that consideration be given to constructing a fence or _a line of trees along the north property line of the school site. Mayor Zaun stated this matter will be discussed under agenda item No. 11. CONSENT AGENDA 95.58 Motion was made by Sindt, seconded by MulvihiN to approve the consent .agenda items as follows: a. Claims for payment. b. Monthly Investment Report. c. Receive minutes of the following advisory committee meetings: Cable Board, March -28th Economic Development Commission, March 28th .Environmental Affairs Committee, April 4th Parks & Recreation Committee, April 5th Planning Commission, April 6th d. Resolution No. 95-69 approving plans and specifications and setting a bid date for trunk watermain, well collection pipe and sanitary sewer for Dakota Heights water treatment plant, Improvement Project 94-12. y CITY OF LAKEVIL~E COUNCIL MEETING APRIL 17, 1995 PAGE 4 e. Final acceptance of utility improvements, Brackett's Crossing 2nd Addition. f. Agreement with Dakota County for installation of traffic signals on CSAH 50 and Ipava Avenue. g. .Receive ALF Ambulance 1994 Annual Financial Report. h. Receive application from Twin Cities Stores, Inc. for an off-sale non- intoxicating malt liquor license at 7468-167th Street West, and call a public hearing for May 15, 1995. i. Resolution No. 95-70 approving gambling permit for Lakeville Men's Softball Assn. j. .Contract with State of Minnesota, Department of Administration, .Building Codes and Standards Division, for plan review and inspection of State licensed facilities. k. Resolution No. 95-71 authorizing submission of grant applications to the State of Minnesota for the purpose of park development and acquisition for the northeast sector community park, Juno Trail trailway and a youth athletic complex. L Contract with Dakota County for Sentence to Service Program work crews. m. Mechanical amusement device license for Theisen Vending Company for two video games at Pizza Hut and one additional game at Super 8 motel. n. Revised Family and Medical Leave Policy. :Roll call was #aken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 8 Mr. Jirn Render, representing Stonebriar Corporation, requested Council approval of the final plat of Stonebriar 2nd Addition. Mr. Morey presented. the final plat of Stonebriar 2nd Addition, which consists of 66 single family lots on the west side of Ipava Avenue, south of 170th Street. He stated the developer has eliminated four lots from the approved preliminary CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 5 plat in order to reduce impacts on adjacent wetland areas. The plat meets all zoning and subdivision ordinance requirements. Mr. Morey indicated that the developer and the City Attorney have agreed on a name change from Stonebriar :Partners to Stonebriar Corporation. All .documents have been revised accordingly. Staff recommends approval of the final plat of Stonebriar 2nd Addition. Councilmember Harvey questioned the delineation of Wetland WD by the Army Corps of Engineers, recognizing that there are several large oak trees growing within it. Mr. Render stated he challenged the size of Wetland WD with the Army Corps of Engineers and agreed that oak trees are more of an .upland plant species. The Corps of Engineers responded by saying that these oak trees have "wet feet", and the wetland, as delineated under Federal guidelines, will prevail Mr. Erickson suggested that the City Council direct staff to write a letter to the Army Corps of Engineers regarding the City's concerns. 95.59 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 95-72 approving the final plat of Stonebriar 2nd Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 9 Mr. Mark Nollette requested Council approval of a conditional use permit to allow a second driveway curb cut access on his property located at 17285 Jasper Trail Mr. Dempsey presented the planning report for the conditional use permit request. He stated staff has reviewed the second driveway access in terms of -traffic safety and-:has determined hat the second curb cut access on Jersey Way,-a local street, would not pose an unsafe condition #or persons or vehicles. The Planning Commission unanimously recommended approval of the conditional use permit subject to seven stipulations. 11Ar. Nollette has submitted a $500.00 security guaranteeing the installation of the driveway and the restoration of the boulevard. Councilmember Harvey questioned why the driveway was installed prior to Council approval. of the conditional use permit. h. CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 6 Mr. Dempsey stated the applicant was continuously encouraged by staff to apply for a conditional use permit in Lieu of eliminating the driveway altogether. 95.60 Motion was made by Johnson, seconded by Sindt to receive the Planning Commission's findings of fact and recommendation and approve a conditional use permit to allow a second driveway curb cut access on property located at 17285 Jasper Trail Roll call was taken on the motion. Ayes, Mulvihill,. Johnson, Zaun, Sindt. Nays, Harvey. Councilmember Harvey stated the applicant should not have installed the driveway prior to Council approval of the conditional use .permit. ITEM 10 Mr. Jeff Hultgren requested Council approval of the preliminary plat of Boulder Village at Crystal Lake. Teresa Heglund of Pioneer Engineering provided an overview of the proposed development, which consists of 84 attached single family/townhouse lots and 15 detached. single family residential lots, located in the southwest corner of Ipava Avenue. and 165th Street. The development, which will be constructed. in four phases, proposes to include private streets, an extensive walking pathway system, extensive landscaping, decorative fencing. along Ipava Avenue and .165th Street and 63 guest parking spaces for the townhouse units. Mr. Wayne Lamereaux, also of Pioneer Engineering, addressed Stipulation #8 of the March 31st planning report, which requires that any wells and septic systems located within the preliminary plat boundaries be abandoned.. He asked if this stipulation could be amended, as they are proposing to use an existing well on site for pumping water into the ponding area during the summer months. Mr. Morey stated the. developer is also requesting a rezoning of the subject property from R 2 to Planned Unit-Development to accommodate the attached single family dwellings. He went on o state that the overall density of the -Boulder Village at Crystal Lake development is 2.1 units per-acre, which is lower than the densities of the Walnut Ridge single family and Crystal Hills/Rottlund townhouse developments. Mr. Morey explained that most of the private streets in this subdivision will be constructed at the standard 32-foot width for local City streets. The developer has agreed to construct the second street access (Island Terrace in the Greenwood Estates subdivision) with the third phase of construction, rather .than with the fourth phase as originally planned. ~ t' CITY OF LAKEVILLE COUNCfL MEETING APRIL 17, 1995 PAGE 7 Staff recommends approval of the Boulder Village at Crystal Lake preliminary plat and PUD rezoning subject to the nine stipulations listed in the March 31st planning report. He pointed out that a provision was added to the rezoning ordinance which states that the rezoning shall not be effective until after the final plat. of the first development phase is recorded. Councilmember Sindt=asked wha# controls the-City has over maintenance of private streets. Mr. Morey explained that these controls. are provided by the developer in the restrictive covenants and the homeowners association by- laws, which the developer is required to submit with the final plat. of each phase as required by the PUD.. Councilmember Sindt asked. about setbacks between the units. Mr. Morey stated that utilizing the setback requirements of the ordinance would be cumbersome; therefore, a uniform approach has been applied to the structures in this PUD. Councilmember Mulvihill asked if the private streets will be wide enough to accommodate emergency vehicles. Mr: Morey stated the streets will comply with the City's design standards. Councilmember Mulvihill raised a concern regarding the installation of fencing and the type of maintenance it will require. She stated she is not opposed to the fencing, as long. as it is properly maintained by the homeowners' association. 95.61. Motion was made by Harvey, seconded by Mulvihill to receive a letter from Diana L. Brennan, 1fi694 Innsbrook Drive, dated April 9, 1995. Roll call was taken an the motion. Ayes, Harvey, Johnson, Zaun, Sindt Mulvihill Councilmember Johnson asked if staff had any concerns with the development having onlyone;access until the third phase. Mr. Morey stated staff feels the construction of the second access with the third phase is appropriate and consistent with past practice. Mr. Tom Ryan, 46615 Ipava Avenue, stated he was opposed to the City rezoning this property to allow the construction of townhomes. He stated that in his opinion the community will not benefit from this rezoning, and the property should remain zoned for single family residential. He also raised a concern regarding the upkeep of the private streets proposed for this t { CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 -PAGE 8 • development. Mr. Ryan presented a petition from residents in the surrounding neighborhoods in opposition #o the rezoning. He also presented. a letter from D.R. Griswold & Associates, which indicates that approximately 75 single family lots could be developed, using the same PUb concept. 95.62 Motion was made by Harvey, econded by Sind# to receive thepetition against -the :rezoning of he southwest corner of lpava Avenue and 165th Street from R- 2, single-:family homes,- o PUD, and the letter from D.R. Griswold & Associates, Inc. dated April 17, 1995 (copies on file in the City Clerk's office}. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. In response to Mr. Ryan's concerns, Mr. Hultgren stated the. townhouse development is being pursued due to market needs for this type of housing. He further stated that single family developments were considered; however, the townhouse design offered the most sensitivity to the natural environment than any other design that was considered. Mr. Erickson offered the following modifications to conditions listed in the March 31st planning report: #8. Any wells and septic systems located within. the preliminary plat boundaries shall be abandoned or utilized in compliance with state and local requirements. #10. The second access, which connects to Greenwood Estates, shall be provided as part of the third. phase. Mr. Erickson pointed out that the proposed zoning ordinance amendment will not go into effect until the first phase (final plat) of Boulder Village at Crystal Lake is recorded. 95.63 -Motion wasmade'by Johnson, seconded by Harvey o-receive the Planning Commission's findings of fact and-recommendation and .adopt Ordinance No. 546 rezoning property from R-2, Single Family Residential, to PUD, Planned Unit Development. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ~ d CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE. 9 95.64 Motion was made by Harvey, seconded by Sindt to approve the preliminary plat of Boulder Village at Crystal Lake, with the amendments to conditions#8 and #10 as outlined. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 11 Superintendent Carl Wahlstrom, ISD 194, requested Council approval of a rezoning, preliminary and final plat and conditional use permit for the construction of an elementary school on the east side of Ipava Avenue, north of 185th Street. Mr. Dempsey presented the March 29th planning report on the School District's request to rezone the subjectproperty from R-A, single family agricultural residential district, to R-2, single family residential district. He explained that although the existing zoning allows schools as conditional uses, staff is recommending the property be rezoned in order to make the zoning consistent with the proposed surrounding land uses. The Planning Commission held a public hearing on the preliminary and final plat, rezoning and conditional use ..permit requests at its April 6th meeting, :and unanimously recommended approval subject to the stipulations listed in the planning .report, with three additional stipulations. Staff recommends approval Councilmember Harvey asked how the school district plans to respond to Mrs. Anderson's concerns regarding screening. Superintendent Wahlstrom stated the school district intends to maintain a good working relationship with the Andersons. He suggested that a parent group from the new school could foster a tree planting project to create a buffer along the north boundary of the school property. Mayor Zaun raised a concern regarding he future of school :buildings, .pointing out that a ime will come when many of these facilities will no onger be needed for educational purposes...Superintendent Wahlstrom stated`the school district will cooperate with the City with respect to future flexibility of school buildings. 95.65 Motion was made by Harvey, seconded by Mulvihill to extend the meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. CITY OF tAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 10 95.66 Motion was made by Sindt, seconded by Johnson to receive the Planning Commission's findings of fact and recommendation and adopt Ordinance No. 547 rezoning property from R-A, Single Family-Agricultural Residential District, to R-2, Single Family Residential District. - Roli call was taken on the motion.-.Ayes,-Harvey, Johnson, Zaun, Sindt, Mulvihill. 95.67 Motion was made by Mulvihill,.seconded by Sindt to approve Resolution No, 95-73 approving the preliminary and final .plat of The 1996 Elementary School. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. 95.68 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 Independent School District 194 to allow a public elementary school with a building height greater than 35 feet, on the east side of (pava Avenue, north of 185th Street. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, .Johnson, ITEM 12 95.69 Motion was made by Harvey, seconded by Sindt to authorize Barr Engineering Company #o prepare final .plans and specifications for future Well No. 11, 1996 Elementary School site, Improvement Project 95-2. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, `Johnson, Zaun. ITEMS 13-14 Mr: Scott Tiegen; representing Kwik Trip, °requested Council approval of a planned unit development conditional .use permit to allow a convenience store and gas station on property north of Kenwood Trail and west of Dodd Boulevard. Mr. John Ruggieri, representing McDonald's, requested Council approval of a planned unit development conditional use permit to allow adrive-in and M convenience food establishment on property north of Kenwood Trail and west of Dodd Boulevard. d CITY OF lr4KEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 11 Mr. Sobota explained that the two developers propose to utilize shared driveway accesses, vehicle circulation areas and freestanding signage. McDonald's is also requesting a combination of Lots 2 and 3, Block 1, Viking Square Addition. The lot combination and development of the subject property requires the vacation of a boundary drainage and utility easement between the lots. Mr.,Sobota presented three sign options for the joint freestanding sign which have been offered by the developer. The Planning Commission and staff recommend approval of sign Option B, which provides not more than 100 square feet each for Kwik Trip and McDonalds and not more than 20 feet in height. Mr. Ruggieri asked the Council to consider sign Option C, which is taller but, in his opinion, more aesthetically pleasing. The City Council discussed the sign options and felt that Option: B is appropriate for the site, based on the premise that the majority of the clientele will be local. It was also pointed out that a taller sign would require. a variance, and this. could set a precedent for other. businesses in the area. 95.70 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's findings: of fact and recommendation and approve a planned unit development conditional use permit for Kwik Trip, Inc. to allow a convenience store and gas station on property located north of Kenwood Trail and west of Dodd Boulevard. Roll call was taken on the motion. Ayes,. Mulvihill, Harvey, Johnson, Zaun, Sindt. 95.71 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and recommendation and approve a planned unit development conditional use permit for McDonald's Corporation to allow a drive-in and convenience food establishment with off-site signage (Option B) on property located north of Kenwood Trail and west of Dodd Boulevard, and approve Resolution No. 95-75 vacating a lot boundary public drainage and utility easement. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill ITEM 15 Mr. Mark Larson, Operations Manager for New Morning Windows, requested • Council approval of the Fairfield Business Campus/New Morning Windows project. CITY OF LAKEVILLE COUNCIL MEETLNG APRIL 17, 1995 PAGE 12 Mr. Sobota explained that a letter of understanding was signed between New Morning Windows and the City of Lakeville in August of 1994 to locate the New Morning Windows corporate offices and manufacturing facility in Fairfield Business Campus as the anchor tenant.. Since that #ime, the City has graded the site. New Morning Windows developed an initial site plan for the .60,000 square foot: building at-the northeas# corner of Kensington Boulevard and Kenbridge. After staff review, the company raised concerns regardingsite location and future expansion. As a result, City staff and New Morning Windows have agreed to a new 14.4 acre site south and east of their original location. As a result, a change order with Busse Construction is needed to finish: rough grading the revised site. Mr. Sobota explained that the. 86 acre Fairfield Business Campus parcel, which is owned by the City of Lakeville, is currently split into three different zoning districts. Staff is recommending. rezoning the property to Business Campus District. The business campus includes a #uture location for a water treatment plant and a fire station. Councilmember Harvey questioned the need for a cul-de-sac on Kenbridge. Mr. Erickson explained that he cul-de-sac will allow semi truck traffic to turn around without entering the New Morning Windows site. 95.72 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's findings of fact and recommendation and adopt Ordinance No. 548 rezoning the Fairfield Business Campus property from R-2, Single Family Residential District, B-4, General Business District and I-1, Limited Industrial District, to BC, Business Campus District. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. 95.73 ,Motion was made by Mulvihill, seconded by Sindt #o approve,Resolution No. 95-76 approving he preliminary and final plat of Fairfield Business Campus.. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,.. Johnson. 95.74 Motion was made by Harvey, seconded by Johnson to approve a Contract for Private. Redevelopment between the City of Lakeville and New Morning Windows, Inc. • f ~ CITY OF L.AKEVI~LE COUNCIL. MEETING APRIL 17, 1995 PAGE 13 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. 95.75 Motion was made by Sindt, seconded by Johnson. to receive the Planning Commission's findings of fact and recommendation and approve a conditional use permit for New Morning Windows, Inc. RoIF call was takerron the motion: Ayes,'Mulvihill, Harvey, Johnson, Zaun, Sindt. 95.76. Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. "95-77 awarding contract to Ryan Contracting, Inc. fior utility and street construction; Change Order No. 1 with Busse Construction, Inc. for site grading; and Change Order No. 1 with Ryan Contracting, Inc. for utility and street construction, Improvement Project 91-1 Q. Roll call. was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill ITEMS 16-17-18 95.77 Motion was made by Johnson, seconded by Mulvihill to table consideration of resolutions authorizing issuance and sale of General Obligation bonds. Roll call was taken on the motion. Ayes, Johnson., Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS 95.78 Motion was made by Harvey, econded by Mulvihill to direct staff to send a letter to the. Army Corps of Engineers expressing concerns regarding oak trees impacted by Wetland WD in Stonebriar 2nd Addition. Roll call was taken on>the motion. Ayes, Zaun,: Sindt, Mulvihi 1, Harvey, Johnson. NEW BUSINESS None. ANNOUNCEMENTS Next regular Council meeting, May 1, 1995 Council work session, April 25, 1995 Mayor Zaun adjourned the meeting at 11:30 p.m. j CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 1995 PAGE 14 Respectfully submitted, Charlene Fri dges ity Clerk Dua a Zaun, Mayo