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HomeMy WebLinkAbout04-07-86 4 . • Y' k ~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 The meeting was called to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council members Nelson, Sindt, Enright, and Mayor Zaun. Absent: Councilman Harvey. Also present: David Licht, City Planning Consultant; Keith Nelson, City Engineering Consultant; Steve Michaud, Park and Recreation Director; James Robinette, Community Development Director; Patrick McGarvey, City Administrator/Clerk; Richard Radermacher, Chief of Police. Staff announcements: The city administrator advised the council of the items on the agenda under Other Business. Citizen Comments: Mr. Steve Johnson addressed the City Council and suggested that the City of Lakeville use signs such as the City of Edina that would be placed on parcels of property around the city announcing that they are candidates for subdividing or rezoning. 86.111 Motion was made by Sindt, seconded by Enright to add items under Other Business ~~21 a, b and d to the consent agenda. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright. Councilmember Sindt removed consent agenda items 4 j and n from the agenda. 86.112 Motion was made by Sindt, seconded by Nelson to approve the consent agenda as amended. (Council Consent Agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson. Councilmember Enright pointed out that in Item 4n there should be included in the feasibility report the cost for paving 162nd Street and 163rd Street where it connects with Lynch Path all west of Judicial Road, as well as Judicial Road north of 168th Street to the Burnsville boundary. 86.113 Motion was made by Enright, seconded by Nelson to authorize Donohue and Associates to prepare an engineering feasibility report on the paving of Judicial Road north from 168th Street to the Burnsville boundary, and including the paving of 162nd Street and 163rd Street, including Lynch Path west of Judicial Road. Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson, Zaun. • • CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 86.114 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 86-29 approving the final plat of Ridgeview Second Addition and author- izing the mayor and clerk to execute the development agreement subject to receipt of the letter of credit from the developer for the improve- ments . Roll call was taken on the motion. Ayes, Enright, Nelson, Zaun, Sindt. At this time, Mayor Zaun took up consideration of the application from Brackett's Associates, Inc. for a preliminary plat, planned unit development conditional use permit approval for the concept stage plan. Mayor Zaun called upon David Licht to explain the PUD planning process to the audience. Mr. Licht explained that a PUD conditional use permit requires approval from the City Council in two stages. The first stage is the concept plan, which is what is before the City Council at this time. Included with the approval at this time is the preliminary plat for the phase one area, for three single family lots abutting 175th Street and for the rest of the Brackett's property to be platted as outlots, with exception of the existing clubhouse which would be a numbered lot. Mr. Licht explained that the next step after concept stage approval is the development stage plan approval. At this time, the consultant for the developer presented the revised plans for the Brackett's development. He presented maps showing how the entire 245 acre tract of land is proposed to be used, and how the 70 acres now not in use for the golf course, driving range, club house and parking lot are proposed to be developed over a period of years. He indicated that phase one would include 91 townhouse dwelling units. He further indicated that their plan had been modified to now include three R-1 single family lots abutting 175th Street on their property, includ- ing the provision for street access from their property onto 175th Street, as requested by the City. He further indicated that the developer did not wish to have any direct access onto 175th Street now or in the future as a result of their modification in the street planning, which now includes a loop road through their phase one, two and three area which would connect to Judicial Road and to streets in the Lake Villa Golf Estates in the future. He indicated that the developer had consented to plat the three single family lots along their property on 175th Street to provide a buffer with the existing single family homes in that area. Their plan had also been modified to include a sanitary sewer system which will immediately serve their property in the phase one area, as well as the later phases, with a lift station to be constructed in the phase three area of their property, which would connect to a force main into the existing sewer system in the Lake Villa Golf Estates area. It was pointed out by the city engineer that the three single family lots abutting 175th Street can be connected to the 175th Street sewer system, and that there is adequate capacity in the pipes and lift stations along 175th Street to 2 • i CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 serve up to 36 dwelling units on the Brackett's property in addition to all of the land along the west end of Orchard Lake, which will get its sewer service through the 175th Street system. At this time David Licht explained that the policy of the city in allowing R-5 density on the phase one and two areas of the Brackett's development proposal was consistent with the city comprehensive plan because the total number of dwelling units on their 245 acres of land would be less than what those acres would accommodate under the existing R-1 single family zoning densities if fully developed. Mr. Licht pointed out that the only dwelling units proposed at this time in the Brackett's development that would have direct access onto 175th Street is the three single family lots to be platted on the south side of 175th Street. Keith Nelson then reviewed for the council and audience how the sanitary sewer system would be constructed to maintain at all times the capacity to extend sanitary sewer along the west end of Orchard Lake. Mayor Zaun then read letters from the fire chief and police chief indicating their support for at least an emergency access between the Brackett's Crossing property and 175th Street for emergency purposes now and in the future. Ben Meledandri addressed the council and audience as the developer and indicated that their plans now consisted of a request for phase one townhouses of 91 dwelling units and three single family lots, the phase two area would include 98 townhouses, and the phase three area in the future would be platted as R-1 density, single family lots only. He pointed out that the total number of dwelling units in the phase one, two and three areas are less than the amount of single family homes he could develop on the entire 245 acre tract of land if the golf course were eliminated and the property were developed under the present zoning. He indicated that he was willing to sign a development agree- ment with the city which would prevent the golf course area of the property from being developed with any type of housing in the future based on this PUD proposal. At this time, Mayor Zaun opened the meeting up for questions and comments from the audience. Hank Lau spoke to the council and gave the council a brief background of how the Honeywell Golf Course came into existence and the closing of the then existing Judicial Road between 175th Street and 185th Street. Dave Ahrens read a petition from citizens requesting the council to initiate an environmental assessment worksheet report on the proposed project and presented the petition to the city council. 3 • CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 86.115 Motion was made by Sindt, seconded by Nelson to acknowledge receipt of the petition and request from Mr. Ahrens for an environmental assessment worksheet on the project. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright. At this time, Mr. Steve Johnson presented petitions to the City Council from residents in opposition to the proposed development. 86.116 Motion was made by Enright, seconded by Sindt to acknowledge receipt of the petitions from Mr. Johnson and the residents. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson. Bessie Dobson spoke in opposition to the project and indicated that in her opinion it would increase traffic congestion in the area and water pollution to Orchard Lake. Brad Larson spoke and indicated that he still did not understand how the PUD density concept worked under the city planning and zoning require- ments. David Licht again explained how the whole tract of land, 245 acres, is taken into consideration in establishing what the density of the property could be under the existing zoning and then comparing that to what is being proposed through the PUD application. Bud Outland spoke to the council and requested that the property be developed for single family homes under R-1 densities. Dr. Gary Jacobson spoke in favor of the project and complimented the Meledandri brothers for the excellent way they had operated the Brack- ett's Crossing property since they purchased it and stated that he felt they would be developing a quality project for the community. Glenn Storewell also spoke in favor of the project as proposed. Eric Rap addressed the council and spoke of his concern for the environ- ment because of the project. Gail Johnson asked the City Council about the road connection onto 175th Street. It was explained that the city was proposing that there be a connection, but that it be limited to emergency vehicles only by the construction of a gate which the City would be the only one having jurisdiction to remove, and emergency vehicles would be the only ones having the access to open the gate for emergency purposes. Mary Ann Freeman stated that she had lived in the area for 35 years and was concerned that there was going to be 1,592 dwelling units built on the Brackett's property. It was explained that the application before the City Council for the PUD proposal is for a three phase ,development consisting of 91 townhomes in phase one and three single family lots 4 ! ~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 along 175th Street, plus 98 townhome lots in phase two and single family dwelling lots in phase three. All three phases encompass approximately 70 acres of land out of the 245 acres. On the remaining portion of the property, the owners would be required to keep the property either in a golf course or an open space land use. Bud Anderson asked about the plans for phase three, and Ben Meledandri answered that phase three would be developed strictly as single family lots of R-1 density. Steve Brown spoke in favor of the project and indicated that he felt the townhouse units in the $100,000 to $150,000 bracket were of quality and should be acceptable to the Lakeville community. Bernie Frey spoke on behalf of he Dallas Development Company who is developing commercial property in the I-35/Highway 50 area and the Airlake Industrial Park and indicated that their company felt it was important for the City to have a variety of housing choices, which this project would contribute to. Councilmember Enright then spoke and stated that she felt the PUD approach to development gives the city maximum control over the type of development the city wants from a legal perspective, and that the developer had addressed her concerns with the modifications that were presented to the council this evening as they relate to emergency access only on 175th Street, the sanitary sewer system now proposed to serve the area that retains capacity at all times to serve the west end of Orchard Lake, and the provision for the three single family lots along the south side of 175th Street. Councilman Nelson pointed out that the provision of street access onto 175th Street is for emergency vehicles only, and he felt that is important now and in the future. The city administrator pointed out that the city council would have the sole authority as to whether or not the emergency access would ever be opened up to full public access in the future, and that the extension of a street easterly from the phase three area into the Lake Villa Golf Estates could be accomplished by the City Council if necessary in the event the Lake Villa development did not proceed ahead in that area of the city. The City Council would have the right to condemn the right of way and construct a street if necessary. 86.117 Motion was made by Enright, seconded by Sindt to approve the preliminary plat for phase one, including the three single family lots along the south side of 175th Street and the lot for the Brackett's club house, with the rest of the property in outlots, and to approve the PUD concept plan for the 91 lots in phase one, three single family lots and the lot for the club house, 98 townhouse lots in phase two and phase three to be committed to all single family lots of R-1 density in size, and the rest 5 ~ ! CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 of the property platted in outlots contingent upon the completion of an environmental assessment worksheet prepared by Donohue and Associates, Inc. for the City and also contingent upon all of the recommendations in the city consultant reports. Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson, Zaun. 86.118 Motion was made by Sindt, seconded by Nelson to authorize Donohue and Associates, Inc. to prepare an EAW on the Brackett's Associates, Inc. planned unit development proposal and authorize the preparation of an engineering feasibility report for the sanitary sewer system necessary to serve the property, including the lift station and force main into the Lake Villa Golf Estates area and for the streets necessary to serve the phase one area at this time. (Resolution No. 86-30) Roll call was taken on the motion. Ayes, Enright, Nelson, Zaun, Sindt. At this time, the City Council and members of the Credit River Town Board met to review the proposed maintenance agreement for Judicial Road between 185th Street and County Road 64. An agreement was reached that the City of Lakeville would maintain the road from October 15th to April 15th, and the Town Board would maintain the road from April 15th to October 15th, and each party would share the other's cost 50/50 during those periods. 86.119 Motion was. made by Sindt, seconded by Nelson to approve a maintenance agreement with the Credit River Township for Judicial Road on the above terms. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright. At this time, Mayor Zaun took up consideration of an ordinance which would increase the Cable TV franchise fee for the City of Lakeville to Metro Cable, Inc. from 3% to 5% of gross revenue and opened the public hearing. The legal notice was attested to. Mr. Frank Woytek, representing Metro Cable, Inc., was present and briefly spoke. There was no one else present wishing to speak. 86.120 Motion was made by Enright, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson. 6 • • i CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 86.121 Motion was made by Sindt, seconded by Nelson to adopt Ordinance No. 291 amending the city code increasing the franchise fee from 3% to 5% of gross revenue effective May 1, 1986. Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson, Zaun. 86.122 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 86-31 awarding the contract to Richard Knutson, Inc. in the amount of $878,601.80 for the Kenrick Avenue, 173rd Street and Junelle Path improvement project. Councilman Nelson had to leave the meeting to go to work. Roll call was taken on the motion. Ayes, Enright, Zaun, Sindt. 86.123 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 86-32 awarding the contract to Spencer Construction, Inc. in the amount of $260,646.50 on the Indra Way improvement project. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright. 86.124 Motion was made by Enright, seconded by Sindt to receive the bids and award the purchase to Clarey's Equipment in the amount of $23,523.00 for the truck cab and chassis for the fire department. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun. 86.125 Motion was made by Sindt, seconded by Enright to receive the bids and award the purchase to Clarey's Equipment for the pick-up truck for the fire department in the amount of $15,756.00. Roll call was taken on the motion. Ayes, Enright, Zaun, Sindt. 86.126 Motion was made by Sindt, seconded by Enright to re-appoint the members whose terms have expired on the Economic Development Commission and table appointments to the other advisory committees until after the council work session on April 15th for the purpose of interviewing those candidates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright. The council discussed the results of contact with the senior citizens, commercial interests and citizens on the future for the old city water tower in downtown Lakeville. Nobody felt it should be kept as a historical structure. 86.127 Motion was made by Enright, seconded by Sindt to authorize and approve the removal of the water tower in downtown Lakeville, as it is no longer used to serve the city water distribution system, and authorize the mayor and clerk to execute the agreement with the company for removal of the tower. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun. 7 i ! CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 86.128 Motion was made by Sindt, seconded by Enright to receive the report from the financial department on the 1985 liquor store profits and .authorize the distribution of 10% of the profits to the three public school districts serving the City of Lakeville based on their current 1985-86 student enrollment from the City of Lakeville. Roll call was taken on the motion. Ayes, Enright, Zaun, Sindt. 86.129 Motion was made by Enright, seconded by Sindt to approve payment to Lakeville School District No. 194 for the community school program in the amount of $5,000 for 1986. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright. 86.130 Motion was made by Enright, seconded by Sindt to approve the job description for the Chief Building and Code Enforcement Official position and the organization chart for the Inspection Department. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun. 86.131 Motion was made by Enright, seconded by Sindt to approve the April, 1986, schedule of supervisory-administrative-management positions and the schedule of non-exempt office positions as a part of the city classification and pay plan. Roll call was taken on the motion. Ayes, Enright, Zaun, Sindt. 86.132 Motion was made by Sindt, seconded by Enright to approve the agreement with Olympic Health Systems and authorize the mayor and clerk to execute it for the employees in the Lakeville Police Department as a voluntary physical fitness and weight training program for the employees, with the cost participation of the City in the program as per the memorandum from the administrator and police department. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright. 86.133 Motion was made by Enright, seconded by Sindt to approve the addendum to the development agreement for the Rolling Oaks additions with Registered Properties Corporation. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun. 86.134 Motion was made by Enright, seconded by Sindt to approve and authorize the mayor and clerk to execute the agreement with Bradford Johnson, Fred & JoAnn Taft and the City of Lakeville concerning sewer service to a lot on the south side of 210th Street and the splitting of the property, subject to the city attorney's review and approval of the agreement. Roll call was taken on the motion. Ayes, Enright, Zaun, Sindt. 8 •E • ~ • CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 1986 86.135 Motion was made by Sindt, seconded by Enright to approve the easement settlement agreement on parcel ~~297A on the Trunk Highway 50 project with the Carey's and Ferguson's and authorize the mayor and clerk to execute it and approve payment, as recommended by the city attorney. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright. 86.136 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 86-35 authorizing condemnation proceedings on projects 84-19 and 85-5. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun. 86.137 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 86-36 approving the abatement of an assessment on parcel 22-44300- 073-03. Roll call was taken on the motion. Ayes, Enright, Zaun, Sindt. At this time, the city staff and council discussed the requirements for amending the conditional use permit for the revisions in the Lakeville School District No. 194 administrative building and site plan. The city attorney advised the council that the proper legal method for amending the conditional use permit would be to submit the revisions to the Planning Commission at a public hearing and have a recommendation to the City Council for the Council to act on. 86.138 Motion was made by Sindt, seconded by Enright to set a council work session for Tuesday, April 15, 1986, at 7:00 p.m. at city hall to interview candidates for the city advisory committee vacant positions. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright. 86.139 Motion was made by Enright, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun. Time: 10:30 p.m. Resp ully~~submted, ~ 1 atrick E. McGarvey, City Clerk t ~l Du ne Zaun, M r 9 CITY OF LAKEVILLE AGENDA COUNCIL MEETING APRIL 7, 1986 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the March 17, 1986, council meting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, March 20, 1986 Park and Recreation Committee, March 19, 1986 d. Resolution approving the General Records Retention Schedule for Cities. (Resolution #86-24) e. Appointment of the election judges for the May 6, 1986, park bond referendum. f. Adoption of a revised joint powers agreement to provide ambulance service with Apple Valley and Farmington. g. Approval of an assessment agreement with Joel Frank on property at the northwest corner of Jacquard Avenue and 210th Street.(Resol. #86-37) h. Authorize Donohue and Associates, Inc. to prepare an engineering feasibility report on extending utilities to 165th Street east of Kenrick Avenue and improving 165th Street east of Kenrick approxi- mately 2,800 feet. (Resolution #86-25) i. Authorize Donohue and Associates to prepare engineering plans and specifications for an asphalt overlay on the frontage roads along I-35 being turned back to the City by the Minnesota Department of Transportation. (Resolution 86-26) CITY COUNCIL AGENDA April 7, 1986 j. Approval of purchase option agreements for the North Park site from the Barrett family, and for the pedestrian ways in the area between Dakota Heights 8th Addition and Foxborough Addition. k. Authorize Donohue and Associates to prepare an engineering feasibil- ity report on extending Howland Avenue from 208th Street to Upper 208th Street, including utilities,-and for streetscape improvements along Howland Avenue from 207th Street to 208th Street and along 208th Street and Upper 208th Street west of Holyoke Avenue. (Resol. #86-27) 1. Authorization to demolish the Forest Hills well house and prepare the lot for sale. m. Approve a joint powers agreement for street seal coating and striping with the City of Burnsville. n. Authorize Donohue and Associates to prepare an engineering feasibil- ity report for the paving of Judicial Road from 168th Street north to the Burnsville boundary. (Resolution #86-28) 5. Resolution approving the final plat of Ridgeview Second Addition and approval of the development agreement. 6. Application of Brackett's Associates, Inc. for subdivision, planned unit development conditional use permit for cluster housing and rezoning from R-l, Low Density Single Family, to R-5, Single and Two-Family, Medium Density, on the Brackett's golf course property located north of the intersection of Judicial Road and 185th Street. a. Approval of the preliminary plat and planned unit development concept stage plan. b. Authorize Donohue and Associates to prepare an engineering feasibil- ity report for phase one utilities and streets. 7. Discussion with the Credit River Township Board on a maintenance agree- went for Judicial Road south of 185th Street. 8. Public hearing on the proposal of the City to increase the cable TV franchise fee from 3% to 5% of the gross revenue on the Metro Cable TV system. a. Attest to legal notice. b. Presentation of how the franchise revenue is used. c. Questions and comments. d. Motion to close the hearing. e. Adoption of an ordinance amending the cable TV franchise ordinance increasing the franchise fee. 2 • • • CITY COUNCIL AGENDA April 7, 1986 9. Receive bids and recommendation on the Kenrick Avenue, 173rd Street and Junelle Path improvement project. a. Resolution awarding the contract. 10. Receive bids and recommendation on the Indra Way street and utility improvement project. a. Resolution awarding the contract. 11. Receive bids and recommendation on the truck cab and chassis for the fire department tank truck. a. Award of the purchase. 12. Receive bids and recommendation on the extra cab pick-up truck for the fire department. a. Award of the purchase. 13. Appointments to the following advisory committees: Planning Commission Park and Recreation Committee Cable T.V. Board Natural Resources Committee Economic Development Commission 14. Authorization to dismantle and remove the old downtown water tower. 15. Staff report on the 1985 net profit from the liquor stores and approval of the appropriation of the profit. 16. Request from the Lakeville School District for payment to the Community Schools Program. 17. Approval of inspection department organization and Chief Building and Code Enforcement Official. 18. Approval of the Schedule of Supervisory-Administrative-Management Positions and Schedule of Non-Exempt Office Positions dated April, 1986. 19. Approval of the physical fitness and weight training standards program for the police department and the agreement with Olympic Health Systems. 20. Approval of the addendum to the development agreement with Registered Properties Corporation on the Rolling Oaks plats. 21. Any other business. 22 . Adjourn . 3 • . • ADDENDUM TO AGENDA FOR COUNCIL MEETING April 7,.1986 7:00 p. m. 21. Any other business. a. Approve settlement with Joseph Sutila, 185th Street/Ipava project. b. Adopt Resolution 86- 33 to correct 85-73, vacating Dan Patch Boulevard. c. Approve agreement with Johnsons, Tafts, and City of Lakeville for sewer connection and lot split. d. Adopt Resolution 86- 34 restricting parking on Indra Way from CR 64 to TH 50. e. Approve settlement on parcel 297A with Carey and Ferguson's. f. Resolution 86-35 authorizing condemnation on projects 84-19 and 85-5. g. Resolution 86- 36 abating special assessments on Parcel 22-44300-073-03.