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HomeMy WebLinkAbout10-06-03~, ,~ I~ LJ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 A complete videotape of the City Council proceedings is retained for one year. 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. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Morey, Planning Director;. D. Feller, Finance Director; S. Michaud,. Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator; C. Friedges, Gity Clerk. MINUTES The minutes of the September 15, 2003 City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Jeannie Schubert provided information on Geckler Companies, Inc. and introduced General Manager Rich Geckler. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided an engineering project update, featuring the Dakota County_2003-2025 Transportation Plan, Hamburg utilities project, Crossroads development and Dodd Boulevard reconstruction west of Cedar Avenue. Mr. Nelson stated the Minnesota Department of Transportation recently announced that traffic signals would be installed at the County Road 46 ramps in the spring of 2004. The signals were originally scheduled to be installed in 2005. ADMINISTRATOR: None y ~ /. . CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 2 , DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented. the August/Septembermomhly report of the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS Mr. Morey introduced Associate Planner Erin Seeman. Mr. Olson presented a proclamation for Minnesota Manufacturer's Week. Council Member Wulff read the proclamation for Minnesota Manufacturer's Week, October 20-24, 2003. Jeannie Schubert accepted the proclamation on behalf of the Economic Development Commission. Arts Center Coordinator Jim Urie provided an overview of the 2003-2004 Lakeville Area Arts Center performance season. CITIZENS' COMMENTS None. CONSENT AGENDA 03.109 Motion was made by Bellows, seconded by Rieb to approve the consent i agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: • Planning Commission, September 18, 2003 •3 Parks, Recreation. & Natural Resources Committee, September 17, 2003 • Economic Development Commission, September 23, 2003 • Snowmobile Task Force, September 18, 2003- • Lakeville Ames Arena Committee, September 2 and September 9, 2003 c. Agreement for 2004 legal services between the City of Lakeville and Campbell Knutson, Professions/Association. d. Final acceptance of public utility and street improvements, Zweber Farm Ninth. e. Final acceptance of public utility and street improvements, Century. Ridge. C] ., • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 3 f. Final acceptance of public utility and street improvements,. Park Overlook. g. Trunk storm sewer and construction reimbursement, Hosanna 2"d Addition. h. Resolution No. 03-179 approving agreement with Dakota County and. the State of Minnesota for traffic signal control, CSAH 60 (185tH Street)/I-35 Interchange Phase II improvements," Improvement Project 02-T5. Agreement with Dakota County for interim construction and right-of- way acquisition, County Road 50/I-35 interchange, Improvement Project D2-07. j. Resolution No. 03-180 requesting MnDOT funding through the Municipal Agreement Program for interchange improvements, County Road 50/I-35 interchange, Improvement Project 02-07. k. Minnesota ReLeaf Oak Wilt Grant Agreement with the Minnesota Department of Natural Resources. Tree service operator license for Bunston Tree Service. m. Resolution No. 03-181 authorizing the sale of forfeited vehicles. n. Resolution No. 03-182 approving a gambling permit for the Bloomington Lions Club for a raffle at the Chart House on December 1, 2003. o. Resolution No. 03-183 authorizing submittal of application to Dakota County for the Farmland and Natural Area Program. p. Resolution No. 03-184 calling public hearing relating to the imposition of a service charge for Special Service District No. 1. q. Resolution No. 03-185 acknowledging receipt of the proposed 2004. Lakeville Ames Arena Budget as submitted by the Lakeville Community Corporation, and mandating additional reasonable actions. r. Amended and Restated Site Lease Agreement and Memorandum of Lease Agreement between the City of Lakeville and Verizon Wireless {VAW) LLC. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 4 • s. Snow plowing contract with Pro-Turf for. the Lakeville Area Arts Center for the 2003-04 winter season. t. Dakota County Mutual Aid Fire Services Agreement. Roll-call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 9 Mayor Johnson opened the public hearing on the certification of delinquent utility accounts. The City Clerk attested to legal notices duly published and mailed. Mr. Feller presented the list of delinquent utility accounts being certified to the County Treasurer/Auditor, which totals $55,313.02. This amount includes a $25 service charge and 18% interest for the period of October 6, 2003. until December 31, 2004. No interest is charged if the entire amount is paid within 30 days of adoption of the assessment. He explained that the City avoids the loss of revenue through bankruptcy by semi-annually certifying delinquent utility accounts to taxes. There were no questions or comments from the City Council or members of the audience. 03..110 Motion was made by Luick, seconded by Rieb to close the public hearing. on the certification of delinquent utility accounts. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. 03.111 .Motion was made by Luick, seconded by Wulff to approve Resolution No. 03-186 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 10 Mayor Johnson opened the public hearing on the issuance of Health Care Facility Revenue Bonds, Series 2003, for the Group Health Plan, Inc. project. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE S • Mary Dryseth of Briggs and Morgan, Professions/Association, explained that Group Health Plan, Inc. is issuing $85 million of health care facility revenue bonds. Of the total bond issue, approximately $7.1 million will be appropriated to the construction of a health care facility at the northwest quadrant of 185t" Street and County Road 50. The City of Lakeville will not be considered a "joint issuer" of the bonds but will merely be giving its "host approval", which is required by the Internal Revenue Code and state law. There were no questions or comments from Council members or members of the audience. 03.112 Motion was made by Luick, seconded by Rieb to close the public hearing on the issuance of Health Care Facility Revenue Bonds for the. Group Health Plan, Inc. project. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. 03.113 Motion was made by Wulff, seconded by Bellows to approve Resolution No.-03-187 Giving Host Approval to the Issuance of Health Care Facilities Revenue Bonds, Series 2003, (Group Health Plan, Inc. Project). Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff,. Rieb. ITEM 11 Colleen Ratzlaff-LaBeau, representing Ratzlaff Homes, requested Council approval of Andersons Century Farrn Fourth Addition. Mr. Morey presented the proposed preliminary and final plat of Andersons Century Farm Fourth Addition, which consists of two single- family lots on 1.55 acres of land located on the north side of and adjacent to 178t" Street, east of Idalia Path. The developer is also requesting the vacation of an existing drainageand utility easement. Mr. Morey explained that the applicant is proposing to re-plat Outlot A of Andersons Century Farm Second Addition to create. two single-family lots. There is a wetland located within Outlot A. The wetland, which is proposed to be filled in its entirety, was degraded through farming activities prior to the development of the Andersons Century Farm plat. Replacement is proposed through the purchase of wetland banking credits in compliance with the Wetland Conservation Act. The developer n CITY OFLAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 6 of Andersons Century Farm did not concur with the wetland classification when Andersons Century Farm was platted in 1998. and designated this area as an outlot for future development. The Planning Commission held a public hearing on the preliminary. and final plat of Andersons Century Farm Fourth Addition and unanimously recommended approval. Staff recommends approval 03.114 Motion was made by Luick, seconded by Rieb to approve Resolution No. 03-188 approving the preliminary and final plat of Andersons Century Farm Fourth Addition; and Resolution No. 03-189 vacating a boundary drainage and utility easement. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 12 Reverend Paul Marzahn requested Council approval of a conditional use permit to allow the construction of a church on Lot 1, Block 2, Crossroads 1St Addition. Mr. More ex lained that the ro osed church includes a 17,500 s ware Y p p p q foot, 394-seat sanctuary with gathering, classroom and childcare areas, as well as a 137-stall parking lot. He stated the Planning Commission discussed the parking lot design and layout with respect to turning movements, circulation drive aisles, traffic patterns and the proposed locations of the driveway access to the public streets. This discussion resulted in a six to one vote recommending approval of the conditional use permit. The developer has submitted revised plans that incorporate the Planning Commission's suggested parking lot and driveway design, improving on-site traffic circulation and safety. They include an additional driveway access on 175t" Street, which lines up with access points on future commercial property to the north and provides a much smoother flow of traffic. A $36,800 security has been submitted to guarantee landscaping, erosion control and grading. Staff recommends approval of the proposed conditional use permit. 03.115 Motion was made by Luick, seconded by Rieb to approve a conditional use permit to allow the construction of a church on Lot 1, Block 2, Crossroads 1St Addition. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. .. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 7 ITEM 13 Tom Green, Mills Fleet Farm Chief Financial Officer, requested Council approval of a conditional use. permit amendment to allow a building addition taller than 35 feet in the C-3, General Commercial District, and an interim use permit to allow a special purpose fence taller than eight feet on the Mills Fleet Farm property. Bruce Buxton, Project Engineer, explained that the proposed remodeling includes screening of the yard area from the surrounding properties, construction of a yard gated entry and interior racking .systems, remodeling of the front store entries and interior remodeling. An automotive area would have a separate entrance withaccess to the main store. Mr. Dempsey presented the planning report. He explained that the proposed conditional use permit amendment includes an architectural feature (silo) 55'/2 feet tall-The interim use permit would allow the construction of a 20-22 foot tall solid masonry wall to replace the existing chain link fence.. The majority of the fence would be screened with landscaping materials. Fleet Farm is proposing to construct an addition onto the front (west) side of the building.. The proposed interior and exterior remodel would include an expansion of the auto service area, relocation of the customer entrance and display area and remodel of the entrance to the outside storage/sales yard. The Planning Commission held work sessions with Fleet Farm representatives on September 21, 2000 and May 15, 2003 to discuss long-term plans and site improvements. Fleet Farm representatives also hosted a neighborhood meeting. The Planning Commission held a public hearing on September 18t". Concerns were raised regarding maintenance of the property between the wall and the neighborhood, and compatibility of the proposed silo with the residential properties. Mr. Dempsey indicated that the Planning Commission considered the public input and discussed, in detail, the proposed silo. The Planning Commission accepted the drawings as proposed and felt they are compatible with the freeway corridor. The Planning Commission unanimously recommended. approval of the conditional use permit and interim use permit subject to submittal of a landscape plan for additional landscaping along Kenrick Avenue. Council Member Rieb asked about the location of the wall. Mr. Dempsey explained that the existing fence is approximately two feet from the property line. The proposed wall will be constructed 10 feet from the east property line and 30 feet from the north property line along 1701hStreet. ;., CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 8 Council Member Bellows asked to see smock-up of the proposed silo from the neighborhood (east) view. He stated he felt the concerns of the neighborhood and the 60-signature petition warranted smock-up for the .Council's review. Mr. Dempsey stated Fleet Farm did not submit a mock-up of the silo from the east. He pointed out the change in topography from the front entrance of the Fleet Farm property to the residential area to the east, which is approximately 20 feet. He also pointed out that the proposed silo is approximately 400 feet from the nearest house to the east. Mr. Buxton indicated that thefoliage between the. homesand the Fleet Farm property was dense enough this summer that they were unable to create smock-up of the silo from that angle. He indicated the silo represents the Milts Fleet Farm corporate image. Council Member Bellows asked if other communities have expressed apprehension with respect to the silo. Mr. Buxton stated there has been no objection to the silo in any other community. Cou-Heil Member Luick asked if there are plans to illuminate the silo. Mr. .Buxton stated they have no intention to illuminate the silo. Council Member Wulff suggested the silo might be less objectionable and fit better with Lakeville's image if the top were not orange. Council Member Rieb agreed that the orange color does. not fit the area or the suburban image of Lakeville. Council Member Luick preferred a lighter color for the silo roof. He also asked that the conditional use permit include a stipulation that the silo shall not be illuminated. Tamara Davis, 17193 Jordan Court, stated she carried the petition against the addition of a silo to Mills Fleet Farm. The petition represents. Lakeville residents who oppose the height and color of theproposed silo. Mayor Johnson stated he has no objection to the silo; however, he stated he could not support the orange color.. Mr. Green stated they want to proceed with the orange silo, which they have done in all of their communities. He asked the Council to make a finding as to whether hey approve of the silo. Fleet Farm representatives will then decide whether or not they wish. to go forward. r~ U CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 9 City Attorney Roger Knutson stated if the Council so chooses, a stipulation can be added to the conditional use permit regarding the color of the silo. Mr. Erickson indicated that Fleet Farm officials were forthright with City staff and the residents with respect to the silo configuration and color. The silo as proposed is very important to co-owner Stewart C. Miil, as it represents the company's origin and trademark. Fleet Farm is one of the City's largest property tax payers with the largest number of employers. However, the silo color was a concern to City staff from the onset of this project, which dates back to September of 2000.. Council Member Luick suggested the solo roof could be painted a lighter color on the east side, with the orange color toward the front. Mr. Erickson stated the Planning Commission determined that the east side of the dome would be seen by residences to the northeast. Mr. Knutson provided optional language for the conditional use permit and. interim use permit as follows: "except that the orange color at the top of the silo, if the silo is constructed, shall be beige in color to match the rest of the silo, and the silo shall not be illuminated". Mr. Knutson recommended that, if the additional stipulations are included, the City Council should adopt the Planning Commission's Findings of Fact and Recommendation with the following language in paragraph 4c, "With the required change in color of the silo and the prohibition on lighting the silo" 03.116 Motion was made by Luick, seconded by Rieb to approve a conditional use permit amendment for Mills Fleet Farm, 17070 Kenrick Avenue, to allow a building height greater than 35 feet, as amended by the City. Attorney; approve an interim use permit for Mills Fleet Farm, 17070 Kenrick Avenue, to allow a special purpose solid screen wall greater than eight feet, as amended by the City Attorney; and adopt Findings of Fact and Recommendation as drafted by the City Attorney. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 14 Steve Michaud presented the goals and recommendations of the Snowmobile Task Force#or the 2003-2004 snowmobile season. He indicated that only minor changes were made to the 20Q2-2003- snowmobile map. A copy of the goals and a new map will be. mailed to 'a CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 6, 2003 PAGE 10 all registered snowmobile owners in Lakeville. The Police Department will continue to monitor any complaints. 03.117 Motion was made by Rieb, seconded by Wulff to accept the 2003-2004 Snowmobile Task Force goals and recommendations and approve the 2003-2004 Snowmobile Trail Map. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. UNFINISHED BUSINESS None NEW BUSINESS Jim Walston presented documents relating to the City's proposed purchase of a 66-acre parcel located at the northwest corner of Dodd Boulevard and 185t" Street and the Claudette and John Cole homestead (approximately two acres). The purchase agreements provide for a cash acquisition of the Claudette and John Cole homestead for $275,000 and a cash acquisition of the 66-acre parcel for $2,654,160. A relocation agreement with Claudette and John Cole provides a $50,000 lump sum relocation benefit. Mr. Erickson explained that financing for this property acquisition will be provided through bond defeasance proceeds, the City's trunk storm sewer fund and park dedication fund. He stated the City has been pursuing, for over a year, the acquisition of a large parcel of property for the future construction of a recreation facility. 03.118 Motion was made by Rieb, seconded by Bellows to approve the following property acquisitions for future public facilities at the northwest corner of 185t" Street and Dodd Boulevard: • Purchase Agreement with Claudette Cole and John Cole •3 Relocation Agreement with .Claudette Cole and John Cole • Purchase Agreement with Claudette Cole, John Cole, Rodney King, Warren King and Ronda King Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ANNOUNCEMENTS Next regular Council meeting, October 20, 2003 Mayor Johnson adjourned the meeting at 9:12 p.m. .~ CITY OF LAKEVILLE CQUNCIL MEETING OCTOBER 6, 2003 PAGE 11 Respectfully submitted, ...... .......... . ...,.,.y.,.,, .~..,~.,~ ~. /'~X ` .Robert D. John n, Mayor •