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HomeMy WebLinkAbout05-03-04 1 • CITY OF LAKEVILLE COUNCIL MEETING MAY 3, 2004 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; R. Erickson, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; S. Strachan, Police Chief; 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 April 19, 2004 City Council meeting and the April 26, 2004 special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR:. Mr. Erickson asked the City Council to consider, under New Business, a purchase agreement with Flora King for her property located at 185th Street and Dodd Boulevard. The Council is also being asked to consider amendments to the General Fund Budget relating to the Highview Avenue overlay project, employee benefit fund. separation benefits, and acquisition of the Flora King property. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the April monthly report of the Operations & Maintenance Department. ALF AMBULANCE ADMINISTRATOR: Tom Kelley presented the 2003 ALF Ambulance Annual Report. . LAKEVILLE AREA HISTORICAL SOCIETY: President Tolly Swan. presented the 2003 Annual Report of the Lakeville Area Historical Society. CITY OF LAKEVILLE COUNCIL MEETING MAYS, 2004 PAGE 2 • PRESENTATIONS/INTRODUCTIONS Police Chief Strachan presented a retirement plaque to Lieutenant Greg Style. City Clerk Charlene Friedges recognized Deputy Clerk Judi Hawkins for achieving the status of Minnesota Certified Municipal Clerk. Mr. Erickson presented plaques to the City Clerk and Deputy Clerk, recognizing each for 25 years of service to the City of Lakeville. Iris Winter, representing the Lakeville Seniors, asked the City Council to proclaim May 9-15, 2004 as Senior Center Week. Council Member Rieb read the proclamation. Eugene Kaufenberg, Senior Center President, asked the City Council to proclaim May 26, 2004 as Senior Fitness Day in Lakeville. Council Member Luick read the proclamation. Don Volk asked the City Council to proclaim May 2-8, 2004 as National Drinking Water Week in Lakeville. Council Member Wulff read the proclamation. Council Member Bellows read a proclamation proclaiming May 6, 2004 as National Day of Prayer in Lakeville. Steve Michaud recognized the Lakeville Rotary Club, which has chosen the "Land of Amazement" playground for its Centennial project. The project would provide improvements to the picnic area and access to the playground, which is located in North Park. Carin Thomas and Paul Ruevers were present on behalf of the Lakeville Rotary Club. Mayor Johnson recognized the following community organizations and businesses, who provided financial support to this year's July 4t" fireworks display: Lakeville Lions $3,000; Alcorn Beverage $8,000; Anchor Bank $1,500; Citizens Bank $3,000 and Wensmann Homes $2,000. Certificates of Appreciation were presented to each sponsor. CITIZENS' COMMENTS Oscar Torgeson, 17413 Jalisco Lane, addressed the City Council regarding a dog kennel on the lot adjacent to his home. . He stated he feels the kennel is too close to the property line, and he CITY OF LAKEVILLE COUNCIL MEETING MAY 3, 2004 PAGE 3 • finds the site and smell offensive and intrusive. He stated the kennel should be moved two feet back, and a fence should be erected. Peter Moenkhaus, 17295 Jasmine Court, stated he feels the dog kennel is a public nuisance. Mayor Johnson stated City staff would review the matter and determine whether the property owner has violated any city codes.. Mr. Erickson stated he spoke to the property owner, who has agreed to move the kennel back two feet and construct a privacy fence. He stated the property owner has until the end of May to .complete these requirements. The City's animal control officer will monitor the situation and will cite the property owner if any rules are violated. CONSENT AGENDA Council Members added Item 13 to the consent agenda. 04.63 Motion was made by Luick, 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, April 15, 2004 Parks, Recreation & Natural Resources Committee, April 14, 2004 Telecommunications Commission, April 13, 2004 c. Subordination Agreement with Twin Cities -Metro Certified Development Company. d. Resolution No. 04-85 authorizing the sale of a forfeited vehicle. e. Resolution No. 04-86 authorizing the sale of assets. f. Resolution No. 04-87 establishing a ~~no parking" zone at the entrance to Main Street Manor, 8725 - 209t" Street West. g. Resolution No. 04-88 establishing a "no parking" zone on Ipava • Avenue at the entrance to Antlers Park. CITY OF LAKEVILLE COUNCIL MEETING MAY3, 2004 PAGE 4 • h. Resolution No. 04-89 approving revocation and re-designation of County state aid highways. i. Resolution No. 04-90 approving a charitable gambling permit. for VFW Post 210. j. Resolution No. 04-91 accepting donation of improvements to the Land of Amazement from the Lakeville Rotary Club. k. Resolution No. 04-92 accepting donations from businesses for Fourth of July fireworks. 13. Resolution No. 04-96 approving the final plat of Lake Place 4t" Addition. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 8 Bruce Carlson of United Properties stated his company would also be willing to make a donation to the City for its July 4t" fireworks. Mr. Carlson asked the City Council to consider approval of the preliminary plat and rezoning for Argonne Village. Dave Olson presented the .preliminary plat of Argonne Village, a 36.39- acre commercial subdivision located at the southeast corner of CSAH 50 and Kenrick Avenue. The development is proposed to include four commercial lots and seven outlots. He explained that the development consists of four commercia( lots and seven outlots. This commercial properly is proposed to be rezoned from C-3 to Planned Unit Development to better facilitate shared access and parking and the need for additional controls on allowed uses. Mr. Olson explained that the site plan reflects roadway improvements to be undertaken as part of the CSAH 50 interim improvements. This includes the extension of Kenrick Avenue along the north side of the site between CSAH 50 and existing 175t" Street. Access to the site will be on Junelle Path and Kenrick Avenue. Mr. Olson stated existing private access • driveways onto CSAH 50 will be eliminated. A 10-foot concrete sidewalk along the east side of CSAH 50 will be constructed with the interim CITY OF LAKEVILLE COUNCIL MEETING MAY3, 2004 PAGE 5 i improvement project, and eight-foot wide concrete sidewalks will be provided on both sides of Kenrick Avenue and on the west side of Junelle Path. Mr. Olson explained that the majority of existing trees on the property will need to be removed due to the extent of grading required. for site development. The developer has submitted a landscaping plan that meets the requirements of the City's Corridor and Gateway Study Design Guidelines. Mr. Olson explained that 4.45 acres of wetland are being preserved, and the adjacent wetland buffers are being platted within outlots and will be conveyed to the City. Grading and site clearing will need to be coordinated with the grading and clearing activities that will be taking place in conjunction with the CSAH 50 improvement project. The Planning Commission recommended approval of Argonne Village subject to 23 stipulations, which includes a stipulation regarding the sale of wine. within the plat boundaries. Council Member Rieb asked whether the landscaping and screening have been enhanced near the rear portion of the grocery store to address concerns raised by nearby residents. Mr. Olson provided a revised landscape plan showing the enhanced landscaping as requested. Council Member Luick asked about the cul-de-sac on Junelle Path and whether it would eventually be extended to provide access to adjacent residential property. Mr. Olson explained that due to the existing wetlands, the street will remain a cul-de-sac and will only provide access to the remaining residential lots abutting the cul-de-sac. .04.64 Motion was made by Luick, seconded by Rieb to approve the preliminary plat of Argonne Village and Ordinance No. 765 rezoning property from C- 3, General Commercial District, to Planned Unit Development District. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 9 Brad Bartelds, representing Bethlehem Evangelical Lutheran Church, requested Council approval of a conditional use permit amendment to allow the construction of a new church at 20270 Iberia Avenue: CITY OF LAKEVILLE COUNCIL MEETING MAY3, 2004 PAGE 6 • Associate Planner Erin Seeman presented the proposed conditional use permit amendment for Bethlehem Evangelical Lutheran Church, which includes a 200-seat sanctuary and 70 stall parking lot. The original conditional use permit was approved by the City Council in 1978. Possible future expansion plans include an additional 246 seats in the sanctuary and an additional 82 parking stalls. The existing church, shed and parking lot will be removed to accommodate the new church and parking lot. The Planning Commission unanimously recommended approval subject to 10 stipulations. A $120,900 cash security has been submitted for landscaping, removal of existing buildings and bituminous, installation of a new bituminous driveway, burial of overhead power lines and installation of a street light. Staff recommends approval of the conditional use permit amendment. Architect Gary Tushie presented the exterior building materials, which will match the buildings located in Heritage Commons. 04.65 Motion was made by Bellows, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow Bethlehem Evangelical Lutheran Church to construct a new church within the 0-R, Office Residential Transition District. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 10 Jim Connelly of Appro Development requested Council approval of an amendment to the Planned Unit Development Permit Agreement for Lot 1, Block 1, Airlake Development Fifth Addition, to allow an expansion of the existing building located at 8984 - 215t" Street West. Ms. Seeman explained that the owners of Dick's Sanitation are proposing a 3,200 square foot addition to the south building to provide storage space for curbside trash containers that are currently stored outside in the same area. The Planning Commission unanimously recommended approval of the Planned Unit Development Permit Agreement subject to three stipulations. CITY OF LAKEVILLE COUNCIL MEETING MAYS, 2004 PAGE 7 04.66 Motion was made by Rieb, seconded by Bellows to approve an Amended Planned Unit Development Permit Agreement for Lot 1, Block 1, Airlake Development Fifth Addition. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEMS 11-12 Lonnie Anderson of APPRO Development requested Council approval of the preliminary and final plat of Kelley's First Addition. Mr. Dempsey presented the proposed project, which involves the development of a convenience store with motor vehicle fuel sales, a commercial car wash and outdoor sales and display. The proposed SuperAmerica facility would be developed as part of the CSAH 50 redevelopment project. The existing SuperAmerica building will be removed after the new facility opens. The preliminary and final plat will include one lot and one outlot; the outlot will be dedicated to the City for storm water treatment. A conditional use permit is being requested for the construction of a convenience store with motor fuel sales, a commercial car wash and outdoor sales and display. The developer is also requesting a minor variance to allow a drive aisle setback of less than 15 feet from the Kenwood Trail and Kenrick Avenue right of way lines. Mr. Dempsey explained that the SuperAmerica property is being redeveloped in conjunction with the realignment of Kenrick Avenue and CSAH 50 interim improvementproject. Access to the property will be off of the realigned Kenrick Avenue. There will be no access onto CSAH 50. The property meets zoning and subdivision ordinance requirements; and the proposed facility meets all zoning ordinance requirements for motor fuel facilities. The Planning Commission unanimously recommended approval of the preliminary and final plat and conditional use permit subject to 22 stipulations. Staff also recommends approval of the minor variance for parking lot and drive aisle setback. Mr. Olson asked the City Council to consider a resolution authorizing conveyance of City-owned property to Vernon and Christine Kelley for the new SuperAmerica store at the intersection of 176t" Street and CSAH 50. He explained that as part of the negotiated purchase of the existing SuperAmerica store, the City has agreed to provide a site for the construction of a new store. PCI, the contractor for the CSAH 50 interim CITY OF LAKEVILLE COUNCIL MEETING MAY3, 2004 PAGE 8 improvement project, will be constructing the new alignment of 176tH Street (to be renamed Kenrick Avenue). This portion of the project is expected to be completed by August 15, 2004. In addition, Mr. Olson stated there is an outstanding special assessment balance of $2,341.80 on the former Taco Bell parcel and a deferred special assessment of $20,664 on the former Midway Bank parcel .Staff recommends the balance of these assessments be abated prior to the conveyance of these parcels. Council Member Wulff suggested additional directional signage on this property for persons who are not familiar with the new street alignment and restricted turning movements. 04.67 Motion was made by Luick, seconded by Wulff to approve Resolution No. 04-93 approving the preliminary and final plat of Kelley's First Addition; a conditional use permit for a convenience store with motor vehicle fuel sales, a commercial car wash and outdoor sales and display; and a minor variance for parking lot and driveway setback to right-of-way lines. .Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. 04.68 Motion was made by Bellows, seconded by Luick to approve Resolution No. 04-94 authorizing conveyance of City-owned land in Argonne Farms to Vernon and Christine Kelley; and Resolution No. 04-95 abating special assessments for Parcels 22-11850-202-00 and 22-11850-210-00. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 14 04.69 Motion was made by Wulff, seconded by Rieb to hold a Council work session on Wednesday, June 2~d at 4:30 p.m. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. NEW BUSLNESS Mr. Erickson presented a purchase agreement with Flora King. for property (residence and two out-buildings) located at 185' Street and Dodd Boulevard. The agreement includes relocation expenses in the amount of CITY OF LAKEVILLE COUNCIL MEETING MAY3, 2004 PAGE 9 $20,000. Mr. Erickson explained that the acquisition of this 1.37-acre parcel will benefit the upgrade of Dodd Boulevard from 185t" Street to Highview Avenue to accommodate a new community center/athletic facility. The purchase agreement involves the expenditure of $250.,000. The properly owner has assigned dollar values for the $250,000 for tax purposes in the agreement; therefore, values and tax purposes do not correlate. The $250,000 is broken down for the City between the estate value of $180,000, the 1.37 acres of $50,000 plus the relocation benefit of $20,000. 04.70 Motion was made by Wulff, seconded by Bellows to approve a purchase agreement with Flora King for the acquisition of her lease-hold rights, relocation and the acquisition of 1.37 acres of property located at 185' Street and Dodd Boulevard. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. Mr. Erickson presented a resolution amending the 2004 General Fund Budget relating to the Highview Avenue overlay project ($97,895), Employee Benefit Fund separation benefits ($621,255) and acquisition of the Flora King life estate ($180,000), relocation expenses ($20,000) and acquisition of 1.37 acres of upland/DNR protected stream ($50,000). 04.71 Motion was made by Rieb, seconded by Wulff to approve Resolution No. 04-97 amending the 2004 General Fund Budget relating to the Highview Avenue overlay project, Employee Benefit Fund separation benefits, and land acquisition. Ro11 call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ANNOUNCEMENTS Next regular Council meeting, May 17, 2004 Special Council meeting, May 24, 2004 Mayor Johnson adjourned the meeting at 9:25 p.m. Respectfully submitted, t Charlene Friedges, C' Clerk CITY OF LAKEVILLE COUNCIL MEETING MAY3, 2004 PAGE 10 Robert D. Joh n, Mayor