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HomeMy WebLinkAbout10-07-91 t' CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 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 Ruhmann, Sindt, .Mulvihill, Harvey and Mayor Zaun. Also present:. R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; J. Robinette, Environmental Resources/Public Works Director; M. Sgbota, Community & Economic Development Director; D. Morey, Assistant Community & Economic Development Director; D. Gudmundson, Chief of Police; J. Hennen, Planning Assistant; A. Brixius, Planning Consultant; L. Gustafson, Assessment Clerk; D. Krings, Chief Building Official; R. Wawrzon, Research Analyst; C. Friedges, City Clerk. MINOTES The minutes of the September 16, 1991,-City Council meeting were. approved as printed. STAFF ANNOIINCIIKENTS Attorney: None. Engineer: .None. Administrator:. Mr. Erickson requested the Council consider removing Item 7u from the consent agenda due to a change in status on the special assessment agreement with ITC Intercircuit North America Corporation. PRESENTATIONS/INTRODIICTIONS Police Chief Gudmundson introduced Mr. Steven James White of Apple Valley. Mr. White pulled a passenger to safety who was trapped in a burning truck that was involved in a traffic accident. at County Road 64 and Kenrick Avenue. Chief Gudmundson also introduced. the passenger, Mr. Sean Ryan Gephart of Lakeville. Mayor-Zaun presented a certificate of appreciation to Mr. White for his lifesaving efforts. 91.196 Motion was made by Sindt, seconded by .Harvey to approve Resolution No. 91-133 proclaiming October 6-12, 1991, Local Cable Programming Week. Cable Coordinator Chris Oace accepted the proclamation on behalf of the Cable TV Board. • s CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 2 Roll call was taken on the motion. Ayes, Ruhmann, Zaun, 5indt, Mulvihill, Harvey. CITIZENS' CO1rIIrIEN'rS None. CONSENT AGENDA Councilmembers removed item 7u, special assessment. agreements with ITC Intercircuit North America Corp. and Jung Trust, from the consent agenda. 91.197 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee,. September 17; Parks & Recreation Committee, September 18; Planning Commission, September 19; Special Joint Planning Commission and Environmental Affairs Committee, September 12; Cable TV Board, September 17. c. Approve agreement with Bloomington Health Department for Hepatitis B vaccinations. d. Approve Resolution No. 91-134 authorizing "no parking" on both sides of 170th Street from Kenrick Avenue to the intersection of Jonquil Trail and Jonquil Avenue. e. Approve Resolution No. 91-135 appointing election judges for the November 5th City General Election. f. Approve tree. service operator licenses .for the following businesses: L & N Contracting, A.C. Tree Company, S & S Tree Specialists, Inca and Sherwood Tree Service. g. Approve special assessment agreements with Arthur Hoaglund for lateral watermain and sewer and water hook-up charges at 10482 185th Street West. h. Approve Resolution No. 91-136 calling a public assessment hearing for weed removal. i. Receive the 1990 Lakeville Fire Department Relief Association financial statements. j. Authorize George M. Hansen Company to audit. the 1991 Lakeville Fire Relief Association. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 • PAGE 3 k. Approve Change Orders No. 1 and 2 with Greystone Construction Company for Fire Station No. 2. 1. Adopt Ordinance No. 450 amending Title 5 of the City Code concerning police regulations (dog kennels). m. Adopt Ordinance No. 451, an amendment to the zoning ordinance, concerning the definition of dog kennele n. Final acceptance of utility improvements only., Grist Mill. o. Final acceptance of utility improvements only, Meadow Brook Second Addition. p. Approve Final Pay Estimate #4 and final acceptance of 210th Street and Holyoke Avenue sewer extension,. Improvement Project 90-5. q. Authorize submittal of the 1992 Landfill Abatement Funding Application to Dakota County. r. Approve Second Amendment to the. Joint Powers Agreement Establishing a Watershed Management Commission for the Vermillion River Watershed. s. Approve Change Orders No. 3 and 4 with Friedges Landscaping, Inc. for Casperson Park, Improvement Project 91-7. t. Approve contract with Minnesota Department of Administration, Building Codes and Standards .Division, for plan review and protective inspections at Lakeville. Senior High School. u. .(Removed from consent agenda.) v. Adopt Ordinance No. 452 amending Title 6 of the City Code concerning motor vehicles and traffic. w. Set a special Council meeting to canvas results of the November 5th City Election and. a .budget work session for .November 6, 1991, at 6:45 p.m. and 7:00 p.m., respectively. Roll call was taken on the. motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 4 ITEL~ 7II Mr. Sobota presented special assessment agreements that were prepared -for Jung .Trust and ITC Intercircuit North America Corporation for a 5.75 acre parcel of property in Airlake Industrial Park. He explained that ITC Intercircuit is interested in purchasing 2.9 acres of the parcel owned by Jung. Trust to construct a 1.0,000 square foot light manufacturing facility. He explained that City staff is currently preparing an administrative subdivision of the property. ITC Intercircuit had originally agreed to be assessed for storm sewer area charges. Mr. Sobota explained that he received a fax today from ITC Intercircuit stating they now wish to pay the storm .sewer area charges up front. Therefore, the .special assessment agreement with ITC Intercircuit is no longer: necessary. Mr. Sobota asked the Council to consider approval of the special assessment agreement for the Jung Trust portion of .the property. These assessments would be deferred until the property is sold, subdivided or a building permit issued for the property. • 91.198 :Motion was made by Harvey, seconded by Mulvihill to approve a special assessment agreement with Jung Trust for the west 2.89 acres of their parcel located on Hanover Avenue in Airlake Industrial Park. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, .Harvey, Ruhmann, Zaun. ITEM 8 Mr. Thomas Retka asked the Council to consider .approval of a conditional use permit that would allow him to construct an entry way onto the front of his house .that would encroach three feet into the required .front .yard building setback at 17575 Java Court South. Mr. Morey provided the details of the conditional use permit request. He explained that the City's zoning ordinance allows this type of encroachment, up to five feet, by conditional use permit. He explained that Mr. Retka's home improvement project includes adding a third bay onto his existing attached two-car garage and adding a bay window onto the front of his house. His property. is zoned R-2, Single Family Residential District. Mr. Morey stated the Planning Commission. recommended approval of the conditional .use. permit subject to three stipulations. Staff. • feels the. improvements Mr. Retka plans to make to his home would impose minimal impact on the neighborhood and will improve the livability of his house.. CITY OF LAKEVILLE COUNCIL MEETING. OCTOBER 7, 1991 PAGE 5 Councilmember Ruhmann pointed out that the total area of the existing garage, with the third bay addition, meats zoning ordinance requirements for lot area and setbacks. 91.199 Motion was made by Harvey, seconded by Ruhmann to receive the Planning Commission's .finding of fact and .approve a conditional use permit for Thomas Retka to allow a one-story entrance for a single family residential dwelling to extend into the front yard .setback at 17575 Java Court South. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITElI 9 Mr. John Peterson, Good Value Homes, Inc. asked the. Council to consider approval of the preliminary and final plat of Homestead Creek Fourth Addition, which consists of six single family residential. lots on property located in the northeast corner of 175th Street and Iceland Trail. Mr. Morey provided the details of .the proposed .plat, which is the fourth phase of the Homestead Creek preliminary plat approved in 1987. He explained that Homestead Creek Fourth Addition includes preliminary plat, as well as final plat, approval, due to a lot layout variation from the approved preliminary plat necessitated by the Army Corps of Engineers expanding the boundaries of the adjacent wetland, which caused the developer to lose 33 buildable lots. .The plat has been reviewed by the Dakota County Soil .and Water Conservation District (DCSWCD), Planning Commission, .Environmental Affairs and Parks & Recreation Committees. As required in the development contract, the developer has submitted a warranty deed dedicating Outlot A to the City, which satisfies the park and trail dedication requirements. Mr. Morey explained that the Planning Commission., per the developer's request, allowed the use of hay bales rather than plastic silt fencing for wetland protection along Lots 2, 3 and 4. Mr. Peterson explained that he had asked the Planning Commission to challenge the DCSWCD recommendation- for silt fencing, as he felt the plastic silt fencing would have a negative impact on the environment. However, he asked the Council to consider allowing him to determine whether hay bales or silt :fencing would be used. Councilmember Mulvihill asked .how staff felt about Mr. Peterson's request. Mr. Erickson stated the Planning Commission- - agreed with Mr. Peterson's suggestion to use hay bales, however, staff would also accept the silt fencing. CITY DF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 6 Mr. Morey stated the developer has submitted a cash security in the amount. of $44,503.22 in lieu of a letter of credit. Mr. Knutson explained that Builders Development & Finance, Inc. does not agree with the City's security requirements and has stated. they will no longer issue a letter of credit that guarantees all financial obligations of the. developer under. the..- development contract. Therefore, Mr. Peterson has posted a cash security for this plat. Mayor Zaun pointed out that this preliminary plat .was not affected by the recent moratorium, since it was submitted prior to adoption of the .moratorium and was part of the previously .approved preliminary plat of Homestead Creek. 91.200 Motion was made by Harvey,. seconded by Sindt to approve the preliminary plat of Homestead Creek Fourth Addition. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 91.201 Motion was made by Mulvihill, seconded by Ruhmann to adopt Resolution No. 91-137 approving the final plat and development agreement for Homestead Creek Fourth Addition. Roll call was taken on the motion.. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 10 Mr. Jeff Hultgren of Freeborn Mower, Ltd., Project Coordinator for .Crystal Lake Golf Estates, asked the Council to consider a concept plan for their. proposed golf course and residential community and the rezoning of 296 acres south of County Road 46 .and east of Ipava Avenue from R-2 to Planned Unit Development (PUD). Mr. Brixius reviewed the September 26th planning report as follows: The developer is proposing a 296 acre planned unit development (PUD) to provide for an 18 hole public golf course, including a clubhouse and practice driving range, and a variety of types of residential housing adjacent to the golf course. The proposal consists of a total of 267 housing units, 178 single family homes and 89 attached (cluster) housing units. The property is zoned predominantly. R-2, Single Family Residential. The rezoning to a planned .unit .development would accommodate the various housing types and golf course. Mr. Brixius explained that the initial application was made in May, and the development is, .therefore, exempt from the preliminary plat moratorium. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 7 The proposed PUD has an overall density of approximately .9 dwelling units per acre. This density is approximately half. the potential density the site is allowed to have at full development under the current R-2 and R-7 zoning in~ithe area. The proposal is consistent with the goals and policies of the City's comprehensive plan and balances higher density development with substantial open space, which ensures compatibility with. adjacent low density residential areas. The golf course serves to protect environmentally sensitive areas from higher intensity uses, such as residential development. Staff views the concept as a very positive contribution to the City. The Planning Commission held a public hearing on the concept plan at their October ist meeting, which included a major presentation by Freeborn-Mower, Ltd. The Planning Commission unanimously recommended approval of the rezoning. and concept plan. One outstanding issue involves the 17 acres of R-7 zoned property located in the northwest corner of the proposed development. This parcel is .not being included in the PUD at this time due to lack of .control over the property. It is essential for the developer to acquire this property to complete the golf course design. It is also essential that the City acquire. a portion of this property for storm water. ponding purposes and additional right-of-way for County Road 46. Mr. Brixius explained that concept approval is the first stage of PUD development, which allows the. City to view the. proposal in a very preliminary stage with the understanding that more detailed. plans will be provided during the development stage. The development/platting stage will require a public hearing and further review by the advisory committees prior to final plat approval by the City Council. Mr. Erickson emphasized the positive aspects of the proposed development and briefly discussed the following: - The dramatic reduction in the .amount of traffic from what would be generated in the area if the property. were fully developed with single family homes; - Lowering density from R-7 to a minimum number. of housing units is consistent with past practices of the City Council; - The developer will provide, at their expense, the sewer • extension to Ipava Avenue; CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 8 - The project has been blended with the Walnut Ridge and Hypointe Crossing developments; - The project will have a very limited impact on the existing trees.. Councilmember Harvey pointed out that the developer's submittals, to date, exceed the normal requirements for concept approval. He expressed some concern over the proposed cluster housing, and encouraged the developer to consider the feasibility of cluster homes. Councilmember Harvey also pointed out that the impact of this development on Crystal Lake, which has been a concern of some residents, will be considerably less than what would .exist under. the existing R-2 zoning. He asked about the possible relocation of the trail within the development, and Mr. Erickson. stated every attempt will be made to keep the trail at its existing location. Councilmember Sindt asked about signalization and traffic flows on LacLavon Drive and Ipava Avenue. Mr. Erickson explained that .Ipava Avenue will be signalized first, because the new school will enable the Highway Department. to meet warrants on Ipava Avenue sooner than at LacLavon Drive. These signalized collector streets will enable the dispersion of traffic volumes. Councilmember Mulvihill also raised a concern over the proposed cluster housing,. particularly at 160th Street .and LacLavon Drive. Mr. Del Mateffy, 16776 Ides Circle, presented a petition signed by residents of Walnut Ridge, Hypointe Crossing,. Bluebill Bay Estates and Lynwood North in support of the proposed Crystal Lake Golf Estates project and strongly urging the City Council to approve the development.. .9]..202 Motion was made by Harvey, seconded by Mulvihill to receive the petition in support of the proposed Crystal Lake Golf Estates project. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Mr. Mateffy spoke on behalf of the-petitioners .and expressed. gratitude to the developer for demonstrating the willingness to blend this project with neighboring developments. They were also very appreciative of the developer's .concern for the environment. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 1991 PAGE 9 91.203 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's findings of fact and adopt Ordinance No. 453 rezoning property from R-2, Single. Family Residential District, to Planned Unit Development for the. Crystal Lake Golf Estates concept plan. Roll call. was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. .91.204 Motion was made by Mulvihill, seconded by Harvey to adopt Resolution No. 91-138 approving the concept plan and authorizing ..the City Attorney to draft a Flanned Unit Development Permit Agreement for Crystal Lake Golf Estates.. Roll call was taken on the motion. Ayes, Mulvihill, Harvey,.. Ruhmann, Zaun, Sindt. Mayor Zaun reconvened. the Council meeting following a short recess; 8:30 p.m. ITEM it Mr. Garry Tupy, On-Site Marketing., asked the Council to consider approval of the construction of 20 homes in Chapel Hills 3rd Addition, which will be part of the 1992 "Streets of Reality". He explained that the "Streets of Reality" is a new approach to selling homes. A hand-picked selection of builders is grouped in one subdivision, and an effective marketing campaign is .used to expose the area to prospective home buyers. The "Streets of Reality" will be open to the public from February 1st through March 29th. Mr. Erickson stated the request of Sienna Corporation, developer for Chapel Hills 3rd Addition, and On-Site Marketing is consistent .with the City's zoning ordinance concerning model home centers. The proposal meets ordinance requirements. in the areas of parking, access, lighting, signage and overall compatibility with the in-place .neighborhood. He pointed out that -0n-Site Marketing and Sienna Corporation have received signed statements from .area. residents in support. of the two-month promotion. Mr. Erickson explained that traffic would flow down Cedar Avenue to 160th Street, then right on 160th to the parking area entrance. This entrance is a gravel road, Hallmark Way. The public would then. proceed on foot down one sidewalk along Griffon Trail. The public will not be allowed to drive .their vehicles to the model homes. The staff. recommends eliminating parking along Griffon Trail during busy periods, i.e. weekends, if necessary. Traffic flows off of 160th Street will be monitored by the Police and Public Works Departments during the CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 10 event to provide maximum protection to motorists and pedestrians. 91.205 Motion was made by Harvey, seconded by Ruhmann to approve the construction of 20 model homes in the Chapel Hills 3rd Addition to be known as "Streets of Reality", subject to the proposal dated August 9, 1991. Ro11 call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 12 Mr. Michaud presented staff's request to authorize the City Attorney to proceed with the acquisition of property in the northeast portion of Lakeville for community park development. The property consists of steep wooded bluffs, wetlands, deep water ponds and rolling topography. It is located just south of the Model Stone PUD north of 170th Street and east of Pilot Knob Road. This property meets and exceeds all. criteria and expectations of the .Park and Open Space System Plan. Staff is recommending the purchase of 40 acres, with the intent to eventually acquire 100 acres or more for the total park development. Mr. Erickson pointed out that the City has been able to set aside approximately $200,000 for the acquisition of the property by calling general obligation improvement bonds of 1983 and improvement bonds of 1980 about a year ago. Councilmember Sindt asked how close this property comes to 170th Street.' Mr. Michaud explained that this particular piece of property does not abut 170th Street, however, future acquisition of the entire wetland area would. 9.1..206 Motion was made by Ruhmann, seconded by Mulvihill to authorize .the City: Attorney to proceed with .negotiations to purchase the land in the northeast sector of Lakeville for a community park. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 13 Mr. Sobota presented the proposed tree preservation guidelines., which will provide assistance in reviewing development proposals. The goal of the tree preservation program is to preserve as much.. of the natural vegetation as possible in • developments. where significant trees could be impacted by CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 7, 1991 PAGE 11 development projects. The guidelines require posting of security by developers on property that. contains at least one significant tree. The builder would be responsible for ensuring the tree preservation plan is followed during building construction and would be required to furnish security of $1,000 per lot. The individual lot tree preservation plan must be certified by a forester or landscape architect and signed by the homeowner. Mr. Sobota stated the Environmental Affairs Committee and Planning Commission have reviewed the guidelines, provided significant input and recommend approval. With the assistance of John Hennen, who worked closely with this guideline development, staff feels a milestone has been reached. Councilmembers expressed appreciation to the general public, as well as the development community, for initiating the development of tree preservation guidelines.. 91.207 Motion was made by Ruhmann, seconded by Mulvihill to approve Resolution No. 91-139 adopting the Tree Preservation Guidelines dated October 7, 1991. . Roll call was taken. on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. UNFINISHED BIISINESS None. NEW BIISINESS None, ANNOUNCEI~NTS Next Regular Council Meeting, October 21, 1991. Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, Charlene Friedges, 'ty Clerk Du ne Zaun, or •