HomeMy WebLinkAbout06-06-05
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 6, 2005
Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of
allegiance to the flag was given.
Roll call was taken. Present: Council Members Bellows, Wulff, Rieb,
Luick and Mayor Johnson.
Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K.
Nelson, City Engineer; D. Olson, Community & Economic Development
Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation
Director; J. Arvidson, Police Captain; D. Volk, Director of Operations &
Maintenance; D. Morey, Planning Director; B. Anderson, Assistant to City
Administrator; C. Friedges, City Clerk.
MINUTES
The minutes of the May 16, 2005 City Council meeting were approved as
presented. The minutes of the May 11, 2005 Council work session were
approved with one correction on Page 3.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: None
DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented
the May Operations & Maintenance Department monthly report.
FIRE CHIEF: Chief Nelson presented a Fire Department update far the
period of January through April 2005.
PRESENTATIONSIINTRODUCTIONS
Chief Nelson introduced Fire Inspector Jay O'Connell.
Captain John Arvidson introduced the following Police Reserve Officers:
Jim Beckman, Dan Belcourt, Dan Fredrickson, Tracy Haugen, Allen
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CITY COUNCIL MEETING MINUTES
JCTNE 6, 2005
Page 2
Johnnson, Heidi Krane, Victoria Kuykendall, Mark Solomon and Lee
Westmoreland. Reserve Officer Gerry Wilson was unable to attend.
CITIZENS' COMMENTS Jack Cole, 25900 Highview Avenue, Lakeville,
addressed the City Council regarding the purchase and sale of land by the
City of Lakeville. He requested a committee to investigate land
transactions and development agreements. He referenced the Dodd
Marsh Highlands development. Mayor Johnson referred the matter to the
City Attorney.
CONSENT AGENDA
Council members added items 11 and 12 to the consent agenda.
05.47 Motion was made by Bellows, seconded by Wulff to approve the consent
agenda items as follows:
a. Claims for payment.
b. Receive minutes of the following advisory committee meetings:
? Planning Commission, May 19, 2005
? Parks, Recreation & Natural Resources Committee meeting,
May 18, 2005
? Lakeville Arenas Board, May 18, 2005
? Lakeville Area Arts Center, May 12, 2005
c. Receive ALF Ambulance 2005-2006 Budget.
d. Final acceptance of utility and street improvements, Prairie Lake 1St.
and 2na Additions.
e. Final acceptance of utility improvements in Prairie Lake 3ra
Addition.
f. Intergovernmental Agreement with Metropolitan Council for Citizen-
Assisted Lake Monitoring Program (CAMP).
g. Grant of Permanent Easement with Dakota Electric Association for
185th Street (CSAH 60)/Dodd Boulevard (CSAH 9) reconstruction,.
Improvement Project 04-07.
h. Resolution No. 05-84 awarding contract for the Central
Maintenance Facility emergency generator.
CITY COUNCIL MEETING MINUTES
JUNE 6, 2005
Page 3
i. Ordinance No. 783 amendin Title 7 Chat f th L k vill it
g per6o e a e eC y
Code concerning underground utilities.
j. Resolution No. 05-76 approving the final plat of Morgan Square 2"d
Addition.
k. Lakeville Area Arts .Center instructor agreements with Pegi
Ballenger, Trista Johnson, JoAnne Andres, Therese Mervar, Tana
Loew, Marilyn Gordhamer and Kristi Benson.
I. Resolution No. 05-77 authorizing the use of certain parks, the
Senior Center and the Lakeville Area Arts Center for Pan-O-Prog
events.
m. Resolution No. 05-78 amending the 2005 Schedule of Fees for
police administration of court-ordered alcohol breath tests.
n. Agreement with Kim Maxwell, Once Upon a Star, for recreation
programs.
o. Resolution No. 05-79 approving a gambling permit for the Lakeville
Lions Club to host Beer, Brats & Bingo at the Lakeville VFW Club
on July 7, 2005.
p. Temporary on-sale 3.2% malt liquor license for the Lakeville Lions
Club for Pan-O-Prog events at the Lakeville VFW Club on July 7-8,
2005.
q. Temporary on-sale liquor license for VFW Post 210 for Pan-O-Prog
events.
11. Receive the Planning Commission's Findings of Fact and
Recommendation and approve a conditional use permit to allow the
development of an industrial lot with greater than 25 percent
impervious surface area, located at 8347 - 213th Street.
12. Receive the Planning Commission's. Findings of Fact and
Recommendation and approve a conditional use permit
amendment to allow the expansion of an existing industrial building
with greater than 50 percent of its exterior elevation finished with
exposed metal wall panels, located at 21775 Cedar Avenue.
Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb,
Luick.
.CITY COUNCIL MEETING MINUTES
JUNE 6, 2005
Page 4
Item 8
Dr. Bill Morris, Decision Resources, Ltd., presented the Executive.
Summary of the 2005 City of Lakeville Community Survey. He explained
that the study contains the results of a telephone survey of 400 randomly
selected residents of the City of Lakeville. Professional interviewers
gathered responses across the community between April 7 and April 28,
2005. (See Decision Resources, Ltd. Executive Summary 2005 City of
Lakeville Study on file in the City. Clerk's office.)
Item 9
Mayor Johnson opened the public hearing on the adoption of the 2005-
2009 Capital Improvement Plan.. The City Clerk attested to legal notice
publication. City Engineer Keith Nelson presented the proposed capital
improvement projects for the years 2005-2009 as follows:
2005
? CSAH 50 and 175th Street
? CSAH 60 / I-35 to Judicial Road
? Dodd Boulevard and 185th Street intersection improvements,
including the installation of traffic signals at 185th Street and Ipava
Avenue, (which was not included in last year's CIP)
? Traffic signals at Jacquard Avenue and Dodd Boulevard
? CSAH 70 and Dodd Boulevard intersection improvements
? Seal Coat District 2B
? Street overlays at 210th Street and Klamath Trail
? Well rehabilitation and a new water tower at the CMF site
? Sanitary sewer improvements
? Non-Degradation Study, (which was not included in last year's CIP)
2006
? Seal Coat Districts 3 and 4
? Street overlays on 205th Street and Judicial Road
? Water System Improvements
2007
? I-37/CSAH 70 interchange, begin 2-year construction project
? Seal Coat District 5
? Street overlays on Judicial Road and Griffon Trail
? Water system improvements
? Repaint Dakota Heights water tower
? Lift Station #1 rehabilitation
? Sanitary sewer reconstruction
CITY COUNCII. MEETING MINUTES
JiJIVE 6, 2005
Page 5
2008
? Seal Coat District 6
? Collector overlays on Kenyon Avenue and Flagstaff Avenue
? 210th Street railway crossing improvement with new signals
? Water system improvements
? Repaint Fairfield water tower
? Well # 3 rehabilitation
2009
? Dodd Boulevard widening from 185th Street to 195th Street
? Realign County Road 64
? Seal Coat District 1
? Collector overlays in Valley Park
? Water system improvements
Finance Director Dennis Feller presented funding sources for the
proposed five year Capital Improvement Plan, including anticipated State
and Federal grant funding, as well as County funding. Municipal state aid
street funds in the amount of $1.4 million are also anticipated for the 2009
reconstruction of Dodd Boulevard. Other funding sources include capital
improvement funds, debt financing (street reconstruction and capital
improvement bonds) and estimated tax levies, which .are projected to
increase from 4 to 6.9 percent. per year over the next five years.
Council Member Wulff asked if there is any impact on receiving federal
funding for the County Road 64 realignment, whether the project is
programmed or non-programmed. Mr. Nelson stated Dakota County can
only apply for federal funding on projects that are identified in the CIP.
There were no questions or comments from the audience.
05.48 Motion was made by Wulff, seconded by Luick to close the public hearing
on the adoption of the 2005-2009 Capital Improvement Plan.
Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb,. Luick,
Bellows.
05.49 Motion was made by Luick, seconded by Rieb to approve Resolution No.
05-80 adopting the 2005-2009 Capital Improvement Plan.
Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows,
Johnson.
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CITY COUNCIL MEETING MINUTES
JUNE 6, 2005
Page 6
Item 10
Mayor Johnson opened the public hearing on the adoption of an ordinance
amending Title 3, Chapter 1 of the Lakeville City Code concerning on-sale
liquor license fees and license year. The City Clerk attested to legal
notice publication.
Brian Anderson, Assistant to City Administrator, presented the proposed
ordinance amendment, which increases the fees for on-sale intoxicating
liquor licenses to $5,500 and $6,500, based on annual sales of alcoholic
beverages. He pointed out that the last on-sale liquor license fee increase
was in 1998. In comparison to other cities in the Metro area and in Dakota
County, Lakeville's fees are considerably lower.. The fee increase is also
justified when considering the number of calls from liquor establishments
to the Lakeville Police Department and administrative costs associated
with detoxed individuals, DW! arrests and alcohol compliance checks.
The City Council is also being asked to change the renewal date for all
liquor licenses. Licenses currently expire on December 31. Staff is
recommending the licenses expire on June 30, effective in 2006. To
implement these changes, staff will send license renewal notices in
October for asix-month license effective January 1, 2006. In March of
2006, staff will send a renewal notice for an annual license effective July
1, 2006. At that time, the proposed fee increase would take affect.
Mr. Mielke pointed out that while there are costs associated with
enforcement of alcohol related issues, the statistics presented are not
meant to infer that the City is experiencing problems with its liquor license
establishments.
There were no questions or comments from the Council or members of
the audience.
05.50 Motion .was made by Rieb, seconded by Luick to close the public hearing
on the adoption of an ordinance amending Title 3, Chapter 1 of the
Lakeville City Code.
Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson,
Wulff.
05.51 Motion was made by Wulff, seconded by Bellows to adopt Ordinance No.
784 amending Title 3, Chapter 1 of the Lakeville City Code concerning on-
sale liquor license fees and license year.
CITY COUNCIL MEETING MINUTES
JUNE 6, 2005
Page 7
Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff,
Rieb.
Item 13
Drew Johnson of United Properties requested Council approval of the
preliminary and final plat and final stage Planned Unit Development of
Hoppe Marketplace, including a rezoning of the property to Planned Unit
Development, a conditional .use permit to allow adrive-in convenience
food establishment (Culver's), a conditional use permit to allow the
construction of a Tires Plus/Oil Xpress minor automobile repair use and a
resolution vacating public street, drainage and utility easements.
Mr. Olson provided an overview of Hoppe Marketplace, which includes
two lots on two blocks and one outlot for future development on 7.44 acres
of land. The subject property is located east of Kenwood Trail (CSAH 50)
at Jubilee Way. The applicant is proposing to construct a 4,733 square.
foot Culver's restaurant with adrive-thru window and an 8,305 square foot
Tires Plus with an Oil Xpress. A conditional use permit is required for the
construction of a convenience food establishment, and a conditional use
permit is required to allow a minor automobile repair use.
Mr. Olson explained that this project represents the end of the
commercially zoned property fronting CSAH 50. The property to the south
of Hoppe Marketplace is zoned residential. Concerns have been raised
regarding whether there is an adequate buffer between the commercial
development and adjacent residential development. Mr. Olson stated staff
feels confident that Tires Plus has provided sufficient landscaping, which
includes a retaining wall with landscaping on top of the retaining wall
totaling approximately 15 feet in height. Mr. Olson also stated that United
Properties has agreed, as part of the original development contract for
Argonne Village, to an assessment agreement for traffic signal installation
at the intersection of Highway 50 and Jubilee Way, when warrants are
met.
05.52 Motion was made by Luick, seconded by Wulff to receive the Planning
Commission's Findings of Fact and Recommendation and approve the
following for Hoppe Marketplace:
? Resolution No. 05-81 approving the preliminary and final plat and
final stage .planned unit development of Hoppe Marketplace;
? Ordinance No. 785 rezoning property from C-3 to Planned Unit
Development;
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CITY COUNCIL MEETING MINUTES
JUNE 6, 2005
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? Conditional use permit to allow adrive-in and convenience food
establishment in the PUD District;
? Conditional use permit to allow the construction of a Tires PIusJOil
Xpress minor automobile. repair use;
? Resolution No. D5-82 vacating public street, drainage and utility
easements.
Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb,
Luick.
Item 14
Robert Erickson of DR .Horton requested Council approval of the
preliminary plat of Argonne Estates, including a comprehensive plan
amendment, ordinance rezoning property to RS-3 and a resolution
vacating road right-of-way and drainage and utility easements. He
indicated that DR Horton has signed a purchase agreement with the
Kukas for the adjacent property to the east to develop an additional three
single-family lots and to obtain .the necessary roadway easements for
Joplin Avenue and 173rd Street.
Mr. Dempsey presented the Argonne Estates preliminary plat, which is
located north of 175th Street and southeast of Mills Fleet Farm. The
property, .which is currently zoned for medium density residential, is
proposed to be rezoned to low density (single-family) residential. All 26
lots meet the minimum lot area and lot width requirements of the Zoning
Ordinance. The proposed rezoning to RS-3 District will more closely
reflect the actual planned land use of the property. The proposed project
is a redevelopment of lots previously platted for single-family residential
uses in the 1922 Argonne Farms plat. Mr. Dempsey stated the developer
has submitted a ghost plat that shows potential future street connections
and how the adjacent properties to the south and east could re-develop.
Outlots D and E will remain zoned for commercial development and will be
retained by the developer.
Council Member Wulff asked staff to take a closer look at the ghost plaf
area for future development of townhomes. She stated it's a small area
and seems more appropriate for single-family development.
Mr. Mielke stated staff will flag that property for future review by the
Planning Commission for possible low density (single family) land use.
CITY COUNCIL MEETING MINUTES
J[JNE 6, 2005
Page 9
05.53 Motion was made by Rieb, seconded by Wulff to approve the preliminary
plat of Argonne Estates, including a comprehensive plan amendment;
Ordinance No. 786 rezoning property from RM-1, Medium Density
Residential District, to RS-3, Single Family Residential District; and
Resolution No. 05-83 vacating road right-of-way and drainage and utility
easements.
Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick,
Bellows.
Announcements: Next regular Council meeting, June 20, 2005
Mayor Johnson adjourned the Council meeting at 9:07 p.m.
Respectfully submitted,
harlene Friedges, City C k
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Robert D. John n, Mayor