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