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HomeMy WebLinkAbout10-19-92 a R P~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19,1992 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roil call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey, and Mayor Zaun. Also :present: R. Knutson, City Attorney; R. Erickson, City Administrator; D. Feller, Finance Director; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Morey, Assistant Community & Economic Development Director; C. Friedges, City Clerk. MINUTES The minutes of the September 21st .and October 5th regular Council meetings and the October 13th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney; -None. Engineer: None. • Administrator: Mr. Erickson provided additional information for agenda item No. 11, approval of the final plat of Lake Villa Golf Estates 7th Addition. Chief of Police: Ms. Karen Westberg, Communications Coordinator, presented the September Police Department monthly report. Parks & Recreation Director: Mr. Michaud presented the September Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Councilmember Sindt read the proclamation proclaiming the week of October 19 through October 26 as Disability Employment and Awareness Week. Ms. Sharon Behrens.. accepted the proclamation on behalf of the Minnesota State Council on Disability. 92.269 Motion was made by Harvey, seconded by Sindt to authorize the mayor's signature on the proclamation for Disability Employment and Awareness Week. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mayor Zaun recognized Lakeville residents Kate Callahan and Heidi Olhausen, who are freshmen members of the University of Minnesota women's volleyball team. Mayor Zaun read the proclamations declaring October 30th as Official • Kate Callahan and Heidi Olhausen Lakeville Hometown Day in the City. i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19,1992 PAGE 2 .92.270 Motion was made by Sindt, seconded by Mulvihill to authorize the .mayor's signature on the pproclamations declaring October 30th as Official Kate Callahan and Heidi Olhausen Lakeville Hometown Day. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. CITIZENS' GONIlVIENTS Mr. Thomas E. Perlick, a resident of the Lake Marion Estates subdivision presented a petition regarding the proposed construction of an open water runoff collection pond at County Road 64 and Juno Trail. 92.271 Motion was made by Harvey, seconded Mulvihill to receive the petition from residents of Lake Marion Estates and: place consideration of this matter under Unfinished Business. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. CONSENT AGENDA Councilmembers removed item 70, extension of time for filing of the Truehart Addition, from the consent agenda. Councilmembers added item 16, receipt of report on the outdoor siren warning system, to the consent agenda. 92.272 Motion was made by Harvey, seconded by Mulvihill to approve the modified consent agenda items as follows: a. Receive claims for payment. b. Receive September Investment Report. c. Receive minutes of the October 1st Planning Commission meeting and the September 29th Environmental Affairs Committee. meeting. d. Resolution No. 92-173 approving MnDOT Reimbursement of Tuition Agreement for technical certification for State inspection requirements. e. Authorize plans and specifications for .replacement of Hamburg Avenue bridge and installation of trunk sanitary sewer along Hamburg Avenue, Improvement Project 92-18. f. Approve trunk storm sewer credits and cash payment to Arcon Development for Lynwood North 6th Addition. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19,1992 . PAGE 3 g. Approve cooperative construction agreement #69938 with MnDOT regarding compensation for detours on City streets to accommodate I-35 construction. h. Grant extension of time and approve Change Order No. 2 for painting of Airlake Water Tower, Improvement Project 92-3. i. Approve 1993 Joint Powers Agreement for South Metro Drug Task Force. j. Approve senior citizen deferments for James Gannon, Anna Martin, Margaret Buerke and June Buck. k. Approve conveyance of a Quit Claim Deed to Marquette Bank Lakeville for Lots 1, 2, 9 and 10, Block 1, Wright and Balch's Addition. 1. Approve Change Order No. 3 with Friedges Landscaping for Farkview/Cedar Highlands park development, Improvement Project 92-14. m. Approve agreement with Minnesota DNR for a fishing pier at .Valley Lake Park. n. Authorize submission of a combined City, MnDOT and Dakota County ISTEA Trail Grant. o. (Removed from consent agenda.) p. Receive petition asking the .City to take over a gravel driveway west of I-35 and south of 205th Street, and direct staff. to make a recommendation. q. Final acceptance of street improvements and approval of final payment to GMH Asphalt for 175th Street, Improvement Project 92-1. 16. Receive consultant's report dated July 23, 1992, on the outdoor siren warning system, and authorize staff to proceed with Tasks 1-7. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 70 Councilmember Sindt explained that a citizen has built. a home on one of the Truehart Addition lots and needs to have the plat filed within 90 days for homestead purposes. She suggested extensions for filing of the plat be done in 30-day intervals so that the Council can be kept up to date on the progress being made. Mr. Sobota stated that a number of issues have arisen with regard to torrens registration of the plat, and the developer's attorney is working to resolve these issues. CITY OF LAKEVILLE COUNCII. MEETING OCTOBER 19,1992 PAGE 4 92.273 Motion was made by Sindt, seconded by Harvey to grant a 30-day extension of time for filing the Truehart Addition plat, and request the developer's attorney to be present at the .November 16th Council meeting when consideration is given for continued extension. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 8 Mr. Nelson ppresented the Signal Justification Report prepared by Strgar-Roscoe-Fausch (SRF). for the intersection of Trunk Highway 50 and Ipava Avenue. Mr. Nelson stated the report has been forwarded to the Minnesota Department of Transportation for their approval. He explained that SRF believes signal warrants would be .met at the time of the opening of the new high school. However, MnDOT disagrees with the traffic distribution data and believes signals would be justified at the Dodd Boulevard/T.H. 50 intersection. Mr. Nelson stated the staff has prepared a letter to the Commissioner of Transportation requesting that MnDOT reconsider their position and proceed with the installation of a traffic signal at the T.H. 50 and Ipava Avenue intersection. Mr. Erickson stated staff feels the signals should be installed at the Ipava Avenue intersection prior to the opening of the new high school, emphasizing safety to students, motorists and pedestrians. He stated the School Board is in support of the City's position and will jointly sign the letter to .the Commissioner of Transportation. Mr. Erickson described a "last resort" alternative to achieving signals at that location immediately following the opening of the high school. He stated the City could purchase the traffic signals at this time and store them. Traffic counts would be taken on the day the school opens, at which time staff feels warrants will be met. The signals could then be installed without further delay. State Representative Bill Macklin stated he is in support of signals at the Ipava Avenue intersection and is willing to join in the City's efforts to .see that this is accomplished. 92.274 Motion was made by Sindt, seconded by Mulvihill to receive the Signal Justification Report for T.H. 50 (Kenwood Trail) and Ipava Avenue/Indra Way dated July, 1992, (re ort on file in the City Clerk's office) and authorize the mayor to sign the letter to Commissioner James N. Denn of the Minnesota Department of Transportation recommending installation of signals as recommended by SRF. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19,1992 PAGE 5 ITEMS 9-10 Mr. Sobota presented the request of Messiah Lutheran Church for an amendment to Conditional Use Permit No. 88-O1 to allow an expansion of Messiah Lutheran Church, and a resolution approving the preliminary and final plat of Messiah Lutheran Church Addition. The project would involve the expansion of the building and parking lot onto a 10-acre. parcel located immediately north of the 10-acre parcel on .which the existing church building sits. The property is located on the west side of Highview Avenue north of 168th Street. Mr. Morey explained that the church officials have proposed to expand their building. and parking lot in five phases. The preliminary and final plat of Messiah Lutheran Church Addition would allow church officials to combine the two 10-acre parcels and create one buildable lot and one outlot as proposed on their preliminary and final plat plans. As a part of the conditional use permit, .the existing driveway on the south end of the site, which is steep and narrow, would be removed, and the driveway on the north end of the site would be reconstructed. Per the request of church officials, the driveway reconstruction would take place during construction of Phase IV or when Highview Avenue is upgraded to an urban street standard, whichever occurs first. Mr. Morey stated the preliminary and final plat has been approved by the .Dakota County Soil and Water Conservation District, the Environmental. Affairs Committee and Parks & Recreation Committee. The Planning Commission held a public hearing on .the conditional. use permit amendment and preliminary and final plat and unanimously recommended approval. Mr. Vern Lovstad spoke on behalf of Messiah Lutheran Church, stating the need for expansion of their facility is a result of the City's rapid growth. Councilmember Harvey asked if the future realignment of Highview Avenue would affect the church's property, and Mr. Nelson stated it will not. 92.275 Motion was made by Mulvihill, seconded by Ruhmann to receive the Planning Commission's findings of fact and approve an amendment to Conditional Use Permit No. 88-01 to allow an expansion. of Messiah Lutheran Church. Roll call .was taken on the motion. .Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 92.276 Motion was made by Ruhmann, .seconded by Sindt to approve Resolution No. 92-175 approving the preliminary and final plat of Messiah Lutheran Church Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. CITY OF L AKFVILLE COUNCIL MEETING OCTOBER 19, 1992 PAGE 6 ITEM 11 Mr. Sobota presented the final plat of Lake Villa Golf Estates .7th Addition, which consists of 30 single family residential lots located .west of Keokuk Avenue at 179th Street. The plat represents the next to last development phase of the original Lake Villa Golf Estates preliminary plat/planned unit development approved in 1979. He explained that the development of this final plat will resolve existing drainage problems in Lake Villa Golf Estates 4th Addition. It will also include the construction of 179th Trail from Keokuk Avenue to Kingsway Path. The easterly portion of 179th Trail connecting to Keokuk Avenue lies outside the final plat of Lake Villa Golf Estates 7th Addition. This property is not controlled by the developer; however, the developer has obtained an easement so that the connection of 179th Trail to Keokuk Avenue can be accomplished. Mr. Sobota stated the only change that was made to the plat since preliminary approval is the removal of one lot. Staff recommends approval of the final plat, Mr. Nelson explained that the.. developer has secured an easement for the construction of a drainage channel on the property located to the .south of the final plat. The development contract requires that the drainage channel be constructed this fall in order to lower the water level of ponds to a more natural elevation, which would reduce flooding of adjacent trees and • property. Councilmembers discussed drainage problems associated. with this plat. Mayor Zaun asked about the tree preservation plan; and Mr. Sobota stated the staff has worked with the developer to achieve the least amount of environmental impact on wetlands and trees. 92.277 Motion was made by Harvey, seconded by Ruhmann to .approve Resolution No. 92-176 approving the final plat of .Lake Villa Golf ..Estates 7th Addition, and authorizing the Mayor and City Clerk to sign the development contract. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 Mr. Morey presented the final phase of Royal Woods Fourth Addition, which consists of 12 single family residential lots on land located north of 210th Street and west of Jacquard Avenue. The plat has been reviewed by the City Council advisory committees, as well as the Dakota County Soil & Water Conservation District, and all recommend approval. The developer has submitted a cash contribution to satisfy park and trail dedication requirements and a letter of intent to issue a letter of credit in the amount of $177,129.24. The Planning Commission recommended approval of the final plat with the stipulation that the street name of Juniata Court be changed to June- Court. Staff recommends approval. 92.278 Motion was made by Sindt, seconded by Ruhmann to approve Resolution No. 92-177 approving the final plat of Royal Woods 4th Addition. t, CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19, 1992 PAGE 7 Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEMS 13-14 92.279 Motion was made by Harvey, seconded by Sindt to table consideration of the preliminary plat of Crystal Lake Townhomes and the final plat. of Crystal Lake Golf Estates 2nd Addition. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Mayor Zaun reconvened the meeting at 9:00 p.m. following a 10 minute recess. ITEM 15 Mr. Nelson presented staff's recommendation on the installation of sidewalk on the east side of Kent Trail from 164th Street to Kenora Way, in the Kenwood Oaks subdivision. He explained that Kent Trail was constructed as a minor collector street with .sidewalks proposed as a stipulation in the development contract. Mr. Nelson explained that the development sat dormant for about two years, and the developer had not proceeded with final bituminous wear course and sidewalk construction. The developer has now started construction of the sidewalk on the east side of .Kent Trail. The existing residents have stated they were unaware of the proposed installation of the sidewalk and expressed opposition to it. Mr. Nelson stated the developer, Mr. Jim Render of Render Development, Inc., and the Kent Trail residents have requested elimination of this portion of the sidewalk. The developer has agreed to donate the cost savings of this sidewalk, which is estimated at $3,000, to the City of Lakeville for use in its park fund. Mr. Nelson showed a proposed interchange land use plan to accommodate the reconstruction of County Road 46, including Kent Trail, which is proposed to be the only access onto County Road 46 from the Kenwood Oaks subdivision. Because of its minor collector status, staff feels the original recommendation for sidewalks along both sides of Kent Trail is justified. Mr. Gordon Marshik, 16338. Kent Trail, .spoke against- construction of -the sidewalk on the .east side of Kent Trail, because he felt the sidewalk on the west side of the street is sufficient for area pedestrians. He stated he was not advised that a sidewalk was proposed at the time he purchased his home. He further stated he wants. to .maintain the privacy of the neighborhood and minimize any further disruption to the neighborhood or his front yard. Mrs. Marshik pointed out that a sidewalk would have to be within 18 inches of the curb because of an existing rock wall on one lot on the east side of Kent Trail Mr. Erickson explained that a curb sidewalk is an option that would maximize the amount of privacy between the sidewalk and adjacent homes. He CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19,.1992 PAGE 8 explained that the multi-purpose trailway (MPTW) coming off County Road 46 onto a minor collector (Kent Trail) is justification for installation of the sidewalk. Councilmembers Mulvihill and Sindt voiced concern over the lack of communication between developers and/or builders, Realtors and potential home buyers. Councilmember Harvey felt that the developer should have completed sidewalk construction in amore timely manner. Councilmember Ruhmann stated he would not be opposed to elimination of the sidewalk, as he was not convinced that it is needed. The City Attorney explained to the Marshiks that the development contract for Kenwood Oaks was filed against the title of their property, which states that sidewalks are proposed. Mr. Nelson stated that as a result of the misunderstanding on this issue, any lots that are adjacent to streets where sidewalks are proposed will be flagged in the City's Building Inspection Department so that a home builder is aware of it prior to issuance of a building permit. Mr. John Watters, an area resident, stated he felt the sidewalk on the west side is sufficient and felt .the City should accept the $3,000 donation to its park fund. 92.280 Motion was made by Sindt, seconded by Harvey to authorize construction of a curb sidewalk with the minimum amount of distance between the back of the curb and the sidewalk (for snow storage) being limited to approximately 18 inches. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey. Nay, Ruhmann. Councilmember Ruhmann stated he did not see a definite need for this portion of the sidewalk. UNFINISHED BUSINESS Mr. Erickson provided an update on a recent neighborhood meeting with residents of Lake Marion Estates regarding a proposed "Walker" pond to be located in the existing drainage and utility easement. He stated that the area residents are opposed to the construction of this pond because they feel it presents a dangerous situation for their children. He explained that staff had contacted the cities of Bloomington, Burnsville, Apple Valley and Eagan where aver 1,000 ponds of this type have been constructed over a period of about 25 years. These cities reported no incidents of any safety problems associated with these ponds because of their design and parental supervision. Mr. Erickson stated in his .opinion, .the City. and developer should maintain an open dialogue with the residents as to when the developer. is ready to .proceed with construction of the pond. He suggested the developer hold a neighborhood meeting when he is certain that he will proceed with construction of the pond. t . CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 19,1992 . PAGE 9 Mr. Erickson explained that the pond is necessary for the removal of nutrients and phosphates before they enter Lake Marian. The proposed pond has the ability to treat a significant portion of water coming from drainage ditches along County Road 64 and the property adjacent to the east end of the 204th Street loop. While the. need for a pond is inevitable, the size and final design is currently being prepared by the developer's engineer. Mr. Al Grogan, 20502 Juno Trail, stated he felt there has been a lack of information from the City and developer regarding a drainage easement along his. property and questioned whether a holding .pond can legally be placed in a drainage. easement. Mr. Steve Knowlton, 20507 Javelin Circle, stated he .wanted to see hard data on the affects nutrients have had on the water. quality of Lake Marion. Mr. Erickson stated the Lake Marion Homeowners Association has an ongoing concern about aquatic growth and water quality, which they believe is attributable to nutrients entering Lake Marion. 92.281 Motion was made by Sindt, seconded by Mulvihill, to request staff to forward information regarding the proposed "wet" pond from the developer to the Lake Marion Estates residents, as it becomes available, in an effort to keep the lines of communication open. Roll call .was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. NEW BUSINESS Councilmember Sindt referenced the Kenwood"Oaks sidewalk issue and asked what can be done to prevent the lack of communication between developers/builders, Realtors and potential home buyers. Mr. Erickson stated staff will. review the matter and make recommendations. Councilmember Ruhmann discussed the possible creation of a memorial for area residents who lost their lives in the Vietnam war. Councilmember Sindt suggested the Lakeville VFW and American Legion organizations be contacted for their input. ANNOUNCEMENTS Next regular Council meeting, November 2, 1992. Mayor Zaun adjourned the meeting at 10:30 p.m. Respectfully submitted, Charl a Friedges, City rk Du ne Zaun, M o