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HomeMy WebLinkAbout03-16-92 CITY OF LAKEVILLE COUNCIL MEETING MARCH 16, 1992 The meeting was called to order at 7:Q0 p.m. 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, Assistant Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; J. Robinette, Environmental Resources/Public Works Director; C. Friedges, City Clerk. MDVUTES The minutes of the March 2nd regular Council meeting and the February 25th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: Mr. Knutson provided a revised ordinance for consideration under agenda item #11. . Engineer: None. Administrator: Mr. Erickson asked the Council to consider, under New Business, adoption of the new precinct boundaries, which would take affect starting with the Septemberl5, 1992, State Primary Election. Chief of Police: Chief. Gudmundson presented the February Police Department monthly report. Parks & Recreation Director: Mr. Michaud introduced Park Superintendent. John Hoger, who presented the February Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mayor Zaun introduced Ms. Judy Genzler, who presented the girl scout poster contest winners. Certificates were presented to winners in Brownie and Junior Troop categories. Ms. Barb Zweber and Ms. Julie Fox asked the Council to .proclaim the month of March as Chronic Fatigue Syndrome Awareness Month. 92.64 Motion was made by Harvey, seconded by Mulvihill to proclaim the month of March as Chronic Fatigue Syndrome Awareness Month. CITY OF T ,gKRVILLE COUNCIL MEETING MARCH 16,1992 PAGE 2 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Councilmember Harvey presented a certificate of recognition to Ms. Ruth Kirkwold, a Lakeville High School senior, who recently won the individual portion of the Minnesota State High School League Debate Tournament. CITIZENS' COMII~NTS None. CONSENT AGENDA 92.65 Motion was made by Sindt, seconded by Harvey to approve the consent agenda items as follows: a. Approve claims for payment. b. Approve January/February investment report. c. Receive minutes of the following advisory committee meetings: .Environmental Affairs Committee, March 3rd Strategic Growth Management Task Force, March 3rd Parks & Recreation Committee, March 4th Planning Commission, March 5th • d. Approve agreement with Lakeville "Prime Timer" Organization (senior citizens) for stuffing of utility billing envelopes. e. Approve farm rental agreement with Michael G. Streiff, Jr. f. Approve Resolution No. 92-34 approvingg plans and specifications and setting a bid date for painting of Airlake and McStop water towers, Improvement Projects 92-3 and 92-4. g. Approve agreement with Clean-Flo Laboratories, Inc. for maintenance services associated with the aeration system at Valley Lake. h. Approve Resolution No. 92-35 urging the State of Minnesota to expand the funding for the State Outdoor Recreation Grant Program; and Resolution No. 92-36 urging the expansion of the Federal Land and Water Conservation Fund Program. i. Approve agreement .with Barton-Aschman Associates for design services associated with the development of Parkview Park ball fields and the development of Cedar Highlands neighborhood park. j. Authorize staff to submit a grant application to the State of Minnesota Small Business Administration Natural Resources Development Program/Community Tree Planting Program for the purpose of planting trees in various parks. CITY OFT .AKF MLLE COUNCIL MEETING MARCH 16,1992 • PAGE 3 k. Resolution No. 92-37 approving a raffle permit for the Lakeville Chamber of Commerce. Roll call was taken on the motion. Ayes,. Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 8 Mr. Derrick Passe, Project Engineer for Good Value Homes, Inc., requested Council approval of the preliminary plat of Homestead Creek East. The plat, which consists of 121 single family residential lots, is located in the northwest corner of 175th Street and Highview Avenue and is zoned R-2, single family residential district. Mr. Morey outlined his March 11th planning report as follows. The original. preliminary plat of the Homestead Creek development was approved by the Council in 1987 and consisted of 292 single family residential lots.. The plat included a large wetland area in the approximate center of the Homestead Creek development along 175th Street. Two' years ago, the Army Corps of Engineers redefined the boundary of the wetland, increasing its total area. This required the re-configuration of street and lot layout for the remainder of the Homestead Creek development due to the elimination of several lots. • The area located west of the wetland has previously been developed or is in the process of being developed through four final plats that have received City Council approval. The area east of the wetland remains to be developed, which includes the plat of Homestead Creek East. Mr. Morey. pointed out that the redefining of the wetland boundary will result in the loss of at least 39 buildable single family residential lots when the Homestead Creek development is completed. Mr. Morey outlined six key points associated with the development of Homestead Creek East (see planning report dated March 11, 1992, on file in the City Clerk's office). The plat has been reviewed and approved by the Dakota County Soil and Water Conservation District; and the Planning Commission, Environmental Affairs Committee and Parks & Recreation Committee recommend approval. Councihnember Sindt expressed concern that the trees being planted along the trailway (Stipulation No. 6) would create a dark, isolated area that could cause problems for trail users. Mr. Erickson explained that the property owner to the north of the trail has requested some type of screening between the development and his property. The two trees per lot would not create a solid screening affect. He further explained that street lights will be installed immediately adjacent to the trail at Highview and Hollyhock. Councilmember Harvey requested removal of Stipulation No. 13 from the March 11th planning report, which states that all lots shall meet R-2 District requirements for lot area and width when final platted. He felt this requirement is redundant, and felt that it implies that lots should only meet R-2 requirements for lot area and lot width. r CITY OF LAKEVILLE COUNCIL MEETING MARCH 16,1992 PAGE 4 Councilmember Harvey also raised a concern about the bikeway easement being included in the lot area. He felt that this type of an easement, which is used a great deal more than a drainage or utility type of easement, should not be included in the lot area, since it is not a functioning part of that lot. Councilmember Harvey suggested Lot 5, Block 4 be eliminated, and the area distributed among the remainder of the lots. Mr. Knutson explained that the courts allow the City to take only the minimum area that is needed to satisfy the interest (bikeway easement). He also stated the City's zoning ordinance allows the easement portion to be included in the total lot area. Mr. Erickson provided the background on this preliminary plat, which has experienced several revisions since its original design. These revisions include the eight-foot trail on the north side of 175th Street, burying of overhead utility lines, berming and screening. He stated he feels the plat is an outgrowth of a significant number of modifications, all in the best interest of the community and the neighboring residents. He went on to explain that there has been a dramatic reduction in density, and many of the lots exceed the minimum R-2 requirements. He also pointed out that the developer has agreed to pay a significant amount of the costs for improvements to Highview Avenue and 175th Street. Councilmembers Ruhmann and Mulvihill asked about the wetland areas that are not being filled, and asked if that portion of the wetland can be used by the homeowner for back yard purposes. Mr. Passe explained that the area has been designated as a Type I wetland by the Army Corps of Engineers, which means that the majority of the wetland is usable. Mr. Robinette explained that a wetland can be used fora .yard, but cannot be disturbed or destroyed in any way. Councilmember Harvey stated he is generally opposed to building on fill. because of potential problems with hydrostatic pressure on the basements. Mr. Passe explained that the lots will be platted under FHA guidelines, which prevents basements from being within four feet of the hydrostatic ground water table. Soil borings have been taken, and some lots will be restricted to split entry type basements due to the ground water. 92.66 Motion was made by Sindt, seconded by Harvey to approve the preliminary plat of Homestead Creek East, subject to the stipulations outlined in the planning report dated March 11, 1992, excluding Stipulation Number 13 which states that all lots shall meet R-2 District requirements for lot area and width when final platted. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. CITY OF LAKEVILLE COUNCIL MEETING MARCH 16,1992 • PAGE 5 ITEM 9 Mr. Morey presented an ordinance which would amend Section 9.7 of the zoning ordinance concerning landscaping. He explained that the amendment was initiated by the Community & Economic Development Department in order to gain consistency between the zoning ordinance, the tree preservation guidelines and the City's standard development contract. The amendment would create a list of the types of suitable coniferous trees to be used for screening purposes, adds wording prohibiting the planting of trees and shrubs in rights-of--way, except designated parkways, and changes the warranty period for new plantings from two years to 12 months. Councilmember Mulvihill asked staff to explain the reason for the change in the warranty period. Mr. Erickson explained that the two-year warranty took the control away from the persons who planted the trees (developer), as the property owner would most likely assume maintenance of the new trees during the second year. He explained that staff has been monitoring the 12-month warranty for approximately two years, and has found that it works well. Councilmember Sindt asked if this ordinance would apply to existing property owners who want to plant trees. Mr. Morey stated it would not apply, except for trees and shrubs that are being planted in the right-of-way. • 92.67 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. 459 amending Section 9.7 of the Lakeville Zoning Ordinance concerning landscaping. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. TTEM 10 Mr. Michaud presented a request from the Men's Softball Association to allow the athletic lights on Fields #1 and #2 at Aronson .Park to be operated until 11:00 p.m. during the softball season. He explained that the Men's Softball Association currently has 42 teams requesting entrance into the league, and the .extension of play by one hour would allow Aronson Park to accommodate those teams. Mr. Michaud went on to explain that the lighting system at Aronson Park has extensive light spillage into the surrounding neighborhoods, which has precipitated a few complaints from nearby residents. Staff is recommending upgrading the lighting system to existing technology called Level $ lighting. Level 8 lighting would provide the same quality lighting system, while reducing existing light spillage by 90%. Mr. Michaud explained that the ultimate solution to meet the growing demands • and expansion of adult softball at Aronson Park will be to light fields #3 and #4 as soon as possible. When. this occurs, staff recommends the ordinance revert back to a 10:00 p.m. closing time for Aronson Park. CITY OF LAKEVILLE COUNCIL MEETING MARCH 16,1992 PAGE 6 Discussion was held on the affect the 11:00 p.m. closing time would have on nights when softball is not ..being played at the park. Mr. Knutson recommended including a sunset provision in the ordinance, which would repeal this amended section effective October 1,1992. 92.68 Motion was made by Mulvihill, seconded by Sindt to adopt Ordinance No. 460 establishing the closing time for Lakeville .parks, with Section. 2 of the ordinance to read, "Section 7-1-2(C) of this ordinance is repealed effective October 1,1992." Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 11 Mr. Robinette presented an ordinance amending the water surface management standards for Orchard Lake, as requested by the Department of Natural Resources (DNR). He stated the DNR is requesting the time frame of 1/2 hour after sunset to 9:00 a.m. the following morning for the 15 mph speed limit. They are also requesting a change in the enforcement of the water surface ordinance, naming the Dakota .County Sheriff's Department and the Lakeville Police Department as primary enforcers. After discussions with City staff, the DNR has agreed to include the following language, "This, however, shall not limit the enforcement of this ordinance by other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources." Mr. Erickson explained that a meeting was recently held between the Lake Homeowners Association, City and County officials and the DNR regarding. surface water management. He stated it is becoming increasingly obvious that the DNR wants to collect revenue from watercraft licensing, but does not want to participate in enforcement of water surface usage regulations. 92.69 Motion was made by Sindt, seconded by Ruhmann to adopt Ordinance No. 462 amending Title 7 of the Lakeville City Code by adding Chapter 12 providing water surface management standards for Orchard Lake, subject to approval of the ordinance by the DNR. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFINISHED BUSINESS None. NEW BUSINESS The City Clerk requested Council appproval of the 1992 precinct map.. She explained that the map divides t1~e City into eight voting precincts, effective with the 1992 State Primary Election on September 15th. All registered voters who are being affected by the new precinct boundaries will be notified by the Dakota County Auditor's Office. A copy of the new CITY OF LAKEVILLE COUNCIL MEETING MARCH 16,1992 • PAGE 7 precinct boundaries will be published in .the City's Messages page prior to the State Primary Election. Councilmember Mulvihill stated the map being presented reflects changes made by the City Council at a recent work session on this matter. 92.70 Motion was made by Mulvihill, seconded by Harvey to adopt the new precinct map, .effective September 15,1992. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ANNOUNCEMENTS Next regular Council meeting, April 6th Council work sessions, March 24th and March 30th Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, ~ C • Charl a Friedges, City Cl k D ane Zaun, Ma or •