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HomeMy WebLinkAbout08-02-93 ~ { 1 CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2, 1993 i The. meeting was called to order at 7:00 p.rn. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, 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. Morey, Planner; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudrnundson, Chief of Police; C. Friedges, City Clerk. MINUTES The minutes of the July 19, 1993, City Council meeting were approved.. as presented. STAFF ANNOUNCEMENTS Attorney: None, Engineer: Nane. Administrator: Mr. Erickson provided corrections to Pages 7 and $ of the development contract for Hypomte Crossing 3rd Addition, Agenda Item No. 8. He also presented a letter of resignation from Parks & Recreation Committee member Jeffrey Larson. The Council .agreed to receive the letter under New Business, PRESENTATLONS/INTRODUCTIONS Police Chief Gudmundson and Park Director Steve Michaud presented plaques to Sandra Winters, President of The First National Bank of Lakeville, and Thomas Wolk, General Manager of Chemcentral Corporation, in recognition of their donations to the City's Safety Camp program. CITIZENS' COMMENTS Ms. Jill Lawrence, 9712-201st Street, voiced a complaint against the City's Park Department and Park Ranger regarding the use of a park shelter at Antlers Park. She .stated that she verbally reserved the .shelter by .telephone, but was unable to come to City Hall to .sign the contract. She stated she decided at the last minute not to reserve the shelter and take a chance that one would be available when her party arrived. She stated that her group did use the shelter, and she was asked by the Park. Ranger to leave the park because she did not sign the contract or pay the fees. Mr. Erickson stated the importance of Park Department employees following, the City's rule that park users make reservations in person, and not over the phone.. He stated he has spoken. to the City employees involved, and their stories are slightly different. than Ms. Lawrence's. He stated he would schedule a meeting with all individuals involved. to resolve the matter. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2,1993 • PAGE 2 CONSENT AGENDA Councilmernbers added Item No. 10 to the consent agenda, a special home occupation permit .for Lori Bernard, 17396. Ixonia Path. Ms. Bernard was present. 93.206 Motion was made by Harvey, seconded by Sindt to approve the consent .agenda.: items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, July 15, 1993 Parks & Recreation Committee, July 21,1993 Cable TV Board, July 13, 1993 Environmental Affairs Committee, July 13, 1993 c. Receive bids and approve Resolution No. 93-145 awarding contract for utility and street .improvements, 18$th Street and Orchard Trail, Improvement Project 92-19. • d. Resolution No. 93-146 accepting donation from the Grist Mill for the Safety Camp. e. Authorize Progressive Consulting Engineers, Inc. and Black & Veatch to prepare a pilot plant study for iron and manganese removal processes at a cost not to exceed $27,500. f. Final acceptance of street and utility improvements, Rolling. Oaks South Plat S. g. Approve Right-of--Way Acquisition Agreement with Dakota County for C.S.A.H. S, County Road 46 and I-35 interchange, Improvement Project 91-3. h. .Approve amendment to Lakeville City Channel 16 (previously Channel 34) Operating Policies and Procedures. i. Resolution No. 93-147 establishing rules .and rental fees for use of City parks and property (designating park buildings as tobacco and aleohal free). j. Adopt Ordinance No, .508 amending Title 3, Chapter 1, of the City Code concerning on-sale wine licenses. k. Appointment of David A. Luick to the Planning Commission for the remainder of a term expiring on January 1,1994. s CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2,1993 • PAGE 3 1. Authorize staff to advertise the vacancy on the Economic Development Commission. m. Adopt Ordinance No. 509 granting to Northern. States Power, a Minnesota Corporation, its successors and assigns, permission to construct, operate, repair .and maintain in the City of Lakeville, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of .electric energy to the City, its .inhabitants, and others, and to use the public ways and public grounds of the City for such purposes. n. Adopt Ordinance No. 510 amending Title 3, Chapter 14, of the City Code concerning tree trimming and removal. o, .Resolution No. 93-148 approving a gambling license for All Saints Parish. p. Resolution No. 93-149 accepting donation from Knights of Columbus Counei18367 to the Parks & Recreation Department. 10. Approve special home occupation permit. for Lori Bernard, 17396 Ixonia Path, for a heat transfer and clothes embossing business. • Rolf call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey.. ITEM 8 Mr. Lee Johnson of U.S. Homes Corporation requested Council approval of the final plat of Hypointe. Grassing 3rd Addition. Mr. Morey presented .the. planning report for the final plat of Hypointe Crossing 3rd Addition, which consists of 48 single family residential lots on land located south of 165th Street. and east of Crystal Lake Golf Estates. He stated an eight foot multi ppurpose trailway. will be constructed on the south side of the existing 165th Street. The six corner lots in Hypointe Crossing 3rd Addition that abut 165th .Street will have driveway access off of the local streets, and not 165th Street. Berming and landscaping will be constructed as a buffer from 165th Street, and all 15 significant trees will. be saved with this development. The Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission have reviewed the final plat and recommend approval. A cash escrow far security to the development contract has been submitted. Staff recommends approval Councilmember Harvey asked what the maximum amount of fill under house footings is proposed to be. Mr. Nelson stated that the maximum amount of • fill will be about two and one-half. feet: CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2,1993 • PAGE 4 93.20'7 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 93-150 approving the final plat of Hypointe Crossing 3rd Addition and authorize the Mayor and City Clerk to sign the development contract. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 9 Mr. Jeff Hultgren of Freeborn-Mower, Ltd. requested Council approval of the final plat of Crystal Lake Maintenance Facility. Mr. Morey presented the planning report for the final plat of Crystal Lake Maintenance Facility. He explained that .the plat consists of one lot, which is being platted to allow the construction of the Crystal Lake Golf Course maintenance building. The maintenance building will be used for the storage of maintenance equipment and materials associated with the golf course. There will be no outdoor storage on site. A six foot chain link fence will. be installed around the maintenance building area, and security gates will be installed at the driveway entrance. Twenty parking spaces, .including one handicapped space, will be provided. As recommended by the Planning Commission and staff, the maintenance building .doors will face north, toward the golf course, and will not face the homes in Walnut Ridge. . The Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission have reviewed the final plat and recommend approval. A cash escrow has been submitted for the open cutting of 165th Street for utility. service to the site and the final placement of iron monuments at property corners. Staff recommends approval. Councilmember Sindt raised a concern regarding the open cutting of 165th Street. Mr. Erickson indicated that staff could retain a portion of the security to guarantee proper compaction/patching of 165th Street; if necessary. 93.208 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 93-151 approving the final plat of Crystal Lake Maintenance Facility. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM ~ 1 Mr. Greg Pruyn, Operations Manager for Model Stone Company/Northwestern Aggregates, requested Council approval of a PUD amendment and excavation permit for their existing 220 acre gravel mining operation located in the southeast quadrant of Pilot Knob Road and 160th Street. Mr. Sobota stated the Northwestern Aggregates conditional use permit • agreement was approved in 1972 fora 20 year period. Changes to the original conditional use permit agreement have been made in terms of the End Use Plan, phasing and restoration of the site. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2,1993 • PAGE 5 Mr. Sobota presented the proposed long term End Use Plan for the site, referred to as the Nordic Square Mining and End Use Plan Update June, 1993. The End Use Plan includes two lakes to be excavated, low density single family and multi-family housing and an undisturbed .area for a possible future park in the extreme southwest portion of the site. Mr. Sobota indicated that all .issues related to the site plan have been incorporated into a planned unit development conditional use permit and excavation permit, which has been signed by the developer. The developer has posted the security for the restoration of the site, which is reviewed by the City annually prior to issuance of the annual .gravel license. Staff recommends approval of the Planned Unit Development Conditional Use Permit and Excavation Permit with Nordic Square, Nordic Square Limited Partnership, Model Stone and Northwestern Aggregates. Councilmember Sindt questioned the future use of the property along 160th Street {a major collector) for low density single .family residential. Mr. Sobota explained that the plan as submitted is only a concept and will have to be reviewed again prior to development. He further explained that the City Council can approve the End Use Plan at this time, and is not lacked into it if a future City Council feels that the plan is inappropriate. • Mr. Knutson pointed out Paragraph 6A. of the Planned Unit Development Conditional Use Permit and Excavation. Permit which states, "Ultimate development shall be consistent with contemporary needs, surrounding land uses, the City's zoning and subdivision ordinances, and other official controls then in effect". Mayor Zaun questioned the flan for two lakes, rather than one. Mr. Sobota stated that based on discussions with the developer's consultant, it was felt that two lakes work better on the site in terms of its overall usefulness from a future land use concept. 93.209. Motion was made by Sindt, seconded by Harvey to approve the Planned Unit Development Conditional Use Permit and Excavation Permit far Model Stone Company, Northwestern Aggregates and Nordic Square Limited Partnership. Roll call was .taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 Mr. Dave Blanski, Operations Manager far Midwest Asphalt Corporation, requested Council approval of an excavation permit for their existing gravel mining operation located north of 195th Street and east of Kenrick Avenue. Mr. Sobota stated the Lake .Marion gravel mine. is located outside the. 2010 . MUSA boundary. Once approved, the reclamation plan submitted will bring the Lake Marion gravel mine into conformance with the City's excavation and CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2, 1993 • PAGE 6 mining ordinance adopted in 1989. The permit includes 12 stipulations, which the owner and operator have agreed to. Staff recommends approval Councilmember Harvey asked if the shoreland area along Lake Marion will ultimately be disturbed in the mining process. Mr. Sobota stated mining will stay out of the bluff area and away from the lake shore under the plan submitted and recommended for approval. In answer to Councilmember Sndt's question, the applicant stated that mining will continue at this location for approximately two to five years. 93.210 Motion was made by Harvey, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve an Excavation and Mining Permit for Midwest Asphalt Corporation, Richard B. Bury and Beatrice Ferron. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 Mr. John Prins of Render Development, Inc. requested Council approval of the final plat of Stonebriar of Lakeville. • Mr. Sobota presented the planning report for the final plat of Stonebriar of Lakeville, which consists of 27 single family residential lots located west of Ipava Avenue and south of 170th Street. The final plat of Stonebriar represents the first phase of development of the 97 single family residential lot preliminary plat approved in 1992. Mr. Sobota .explained that in conjunction with the final plat, the. developer is requesting approval of the vacation of an existing drainage and utility easement that lies over the existing wetland/pond located in the southerly portion of the plat. When the preliminary plat of Stonebriar was approved, all of the highest quality wetlands were reserved. The final plat placed these wetlands into outlots to be .deeded to the City as part of the development. Mr. Sobota explained that as a result of the Army Corps of Engineers' permit, future additions within the preliminary plat have lost four lots .because of the redeiineation of some of the wetlands. Outlot A will also be dedicated to the City for- combination with the Tabaka property when that parcel redevelops in the future. The. Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission have reviewed the final plat and recommend approval. A letter of intent to issue a letter of credit for security to the development contract has been submitted. Staff recommends approval. Councilmember Ruhmann asked if a portion of Wetland N will be retained. Mr. Sobota explained that it will not be filled but will be within a drainage and utility easement rather than an outlot. CITY OFT "AKF•VILLE COUNCIL MEETING AUGUST 2, 1993 PAGE 7 Councilmember Ruhmann pointed out a discrepancy in the street connection between Isleton Avenue and Island Avenue. Staff indicated that since there are no homes currently on Island Avenue, the street will be named Isleton Avenue and the existing Island Avenue will be changed to Isleton Avenue. Councilmember Harvey asked what the maximum amount of compacted fill under house footings is proposed to be. Mr. Nelson stated that the maximum amount of fill will be about two and one-half feet. Councilmember Sindt asked about tree preservation and the removal of additional trees during custom grading. Mr. Sobota explained that options for street connections in this development were limited due to the presence of street stubs. in adjacent plats. 93.211 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 93-152 vacating a portion. of a drainage and utility easement in the Stonebriar of Lakeville plat. Roll call was taken on the motion.. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 93.212 Motion was made by Sindt, seconded by Mulvihill to approve Resolution Na. 93y153 approving the final plat of Stonebriar of Lakeville and authorize the Mayor and City Clerk to sign the development contract. • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann.. UNFINISHED BUSINESS Councilmember Sindt asked about the status of the 160th Street trail, and Mr. Michaud indicated that the trail is .currently impassible.. Mr. Erickson stated that this situation was discussed with Apple Valley City officials at a recent Metropolitan Council meeting. NEW BUSINESS 93.213 Motion was made by Mulvihill, seconded by Sindt to receive the letter of resignation from Jeffrey W. Larson, Parks & Recreation Advisory Committee member. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 93.214 Motion was made by Mulvihill, seconded by Ruhmann to direct staff to advertise the vacancy on the Parks & Recreation Advisory Committee. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, • Sindt. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2,.1993 • PAGE 8 ANNOUNCEMENTS Next Re ular Council Meeting, August 16, 1993 Council Work Session, August 10,1993 Mayor Zaun adjourned the meeting at 8:35 p.m. Respectfully submitted, harlene Frie es, City Jerk Du ne Zaun, M y r •