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HomeMy WebLinkAbout06-02-03-~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 A complete video tape 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 a legiance to the flag was given. Rolf call was taken. Present: Council Members Bellows, Luick,Rieb, Wulff and. Mayor Johnson. Also present: R. Erickson, City. Administrator;. R. Knutson, City Attorney; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; D. Martens, Chief of Police; D. Morey, Planning Director; F. Dempsey, Associate Planner; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. • MINUTES The minutes of the May 19, 2003 City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Jim Emond .introduced Mark Buenzow Services Representative for Comfort Inn. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson announced that the I-35 interchange layouts are available to the public on the City's web site. ADMINISTRATOR: Mr. Erickson pointed out minor corrections to the resolution under Item 8e and the rezoning ordinance under Item10. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the May monthly report of the Operations & Maintenance Department. l "} • • .~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 2 PRESENTATIONS/INTRODUCTIONS Mr. Erickson presented a 2003 Print Media Communication Crystal Award of Distinction to Tony Strong, Information Systems Technician II, and Sue Palm, Public Information Specialist, for the City's web site. Dave Olson introduced Amanda Alfson, Economic Development Coordinator. CITIZENS' COMMENTS None CONSENT AGENDA 03.62 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, May 15, 2003 Telecommunications Commission, May 13, 2003 c. Resolution No. 03-85 accepting donation of gift certificates valued at $300 from Run N Fun Running Store. d. Resolution No. 03-86 authorizing the use: of certain parks and the. Lakeville Area Arts Center for the 2003 Panorama of Progress City celebration. e. :Resolution No. 03-87 authorizing temporary closing of city streets for Pan-O-Prog events. f. Special assessment agreement with Connie L. Tillman, 8486,= 160tH Street W. g. Special assessment agreement with Troy & Delores Olson, 16070 Hawthorn Path. h. Resolution No. 03-88 authorizing the sale of forfeited vehicles. CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 3 i. Resolution No. 03-89 authorizing negotiation of special assessment and easement agreements; and Resolution No. 03-90 authorizing WSB and Associates to prepare final plans and specifications for Hamburg Avenue sanitary sewer extension, Improvement Project 03-06. j. Temporary Construction Easements on Parcels A, C, O, P and Q for the County Road 60/I-35 interchange, Improvement Project 99-12. k. Resolution No. 03-91 accepting donation from the JC Penney Company.Fund, Inca to the Police Department Reserve Program. L E911 PSAP Equipment and Maintenance Agreement with Qwest Corporation. m. Conditional use permit to allow the construction of a second detached accessory building. at a height greater than 20 feet at 8016 - 190t" Street W. ~ n. Resolution No. 03-92 approving a gambling permit for the Lakeville Lions Club to .host Beer, Brats.& Bingo at the Lakeville VFW Club on July 10, 2003. o. Temporary on-sale 3.2% malt liquor license for the Lakeville Lions Club for Pan-O-Prop events at the Lakeville VFW Club on July 10- 11, 2003. p. Extension of on-sale liquor license for Babe's Sportsbar & Grill to allow the safe of alcoholic beverages and live entertainment' in the. fenced-in parking lot on July 11-12, 2003. q. Table consideration of an extension to the clubliquor license for Lakeville VFW Post 210 to allow the sale: of alcoholic beverages in :the fenced-in area on July 13, 2003. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick., CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 4 ITEM 9 Peter White and .Jason Squire, dba SelectWash Car Wash, requested Council approval of a conditional use permit to allow. the construction and operation of a commercial car wash at 17398 Glacier Way. Mr. Dempsey presented the planning report for the conditional use permit. request.. He explained that the property was platted for commercial development in 1995. as part of the Oak Shores 8t" Addition development. The car wash wil utilize an existing driveway access with the Kwik Trip motor fuel facility and convenience store. He indicated that the site plan. has been reviewed and modified to meet the needs of the developers, while considering the physical features of the. surrounding neighborhood. The developers have signed a Release and Waiver Agreement, allowing - the proposed pylon sign to be located within the future right-of-way of Cedar'Avenue. The Planning Commission held a public hearing on the conditional use permit request, preceded by a neighborhood meeting. There were no concerns raised at the public hearing. The Planning Commission recommended approval subject to 13 stipulations. 03.63. Motion was made by WuIfF, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction and operation of a commercial car wash located on property south of Glacier Way and west of Cedar Avenue. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb,. Luick, Bellows. ITEM 10 Lonnie Smith, Business Services Manager for Independent School District 1:94, .requested Council approval of planning actions associated with the second Lakeville high school. Lakeville High School No. 2 will be located on approximately 153 acres of land south of 210t" Street and west of the future extension of Jacquard Avenue. Joel Dunning of Wold Architects presented. the site plan for the new high - schooJ. He explained that access points would be off of.Jacquard Avenue.. He pointed out that South Creek, a designated trout stream, is located along the southern portion of the site. An .area in the northwest corner of the site is dedicated for future use.. A stadium facility is located south of CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 5 the high school building, adjacent to the main parking area. A future pedestrian trail is planned along the south side of South Creek. Dan Licht of Northwest. Associated Consultants provided an overview of planning. actions necessary to accommodate the high school. project. He explained that the site is located in MUSH Expansion Area B, which is proposed to be serviced after the year 2010. Development of the high school campus will require a Comprehensive Plan amendment to bring the subject site into the current Metropolitan Urban Service Area. He explained that the Metropolitan Council has acted favorably in the past to requests by school districts for MUSA amendments needed for new school construction.. Mr. Licht explained that a portion of the site is zoned RM-1, Medium Density Residential District. The second portion of the site is zoned CC, Corporate Campus District. Because the site is not within the current MUSA, it is also overlaid by the RAO, Rural/Agricultural Overlay District to limit development until such time as municipal .utilities are made available. School campuses are allowed in the RM-1 District by conditional use permit.: No provision is made for school .uses in the CC District or the RAO District. Therefore, it is necessary. to amend the zoning. map to include the entire property within the RM-1 District and remove the. RAO District overlay. The .proposed landscaping plan provides an emphasis on the perimeter of the properly, the immediate, .perimeter of the principal- buildng and throughout the area of the outdoor athletic facilities. The .landscaping plan also takes into consideration the City's Corridor and Gateway Design Study requirements for 210t" Street and CSAH 70. In terms of transportation, Mr. Licht stated the School District will.. provide a cash escrow for the future. upgrade of 210t" Street to an urban section design. Jacquard Avenue shall be extended from 210t" Street to County Road 70 with no parking. on both sides of the street. The construction of Jacquard Avenue must be completed prior to the opening of the high school Turn lanes shall be constructed on 210t" Street, County .Road 70 and Jacquard Avenue. An all-way stop control will be installed at the 210t" Street and Jacquard Avenue intersection. The site ..plan provides approximately 1300 parking stalls. As recommended by the Planning Commission, the School District will construct 52 additional off-street- parking stalls in the northwest corner of Outlot A to serve the athletic fields. As requested by the residents at a neighborhood meeting held last November, the Planning Commission and staff are recommending that construction traffic. not utilize 210t" Street. All construction traffic will . utilize County Road 70. CITY OF LAKEVILLE COUNCIL .MEETING JUNE 2, 2003 • PAGE 6 Brett Weiss of WSB & Associates, consulting engineers,'explained that the site is tributary to the South Creek. The proposed plans include infiltration basins as required by City ordinance and are designed to infiltrate 1.5 inch of runoff from the proposed impervious surface within 72 hours. The plans include seeding the infiltration basins with native vegetation to promote infiltration and provide wildlife habitat. Mr. Weiss explained that a temporary construction access will require a crossing of South Creek on an interim basis. An eight-inch sanitary sewer line will be located along Jacquard Avenue, from the southern entrance to the. student parking lot south to 215t" Street. A 15-inch trunk sanitary sewer line will be extended adjacent to the north. side of 215th Street from the intersection of Jacquard Avenue to he west plat boundary. The School District will construct an eight=foot wide bituminous trail on the west side of Jacquard Avenue between 2101h Street and County Road 70. Prior to opening of the high school in 2005, the City will construct a sidewalk on the east side of Jacquard Avenue. Mr. Weiss stated the site survey identifies several stands of trees, mainly along the wetlands and South Creek. A majority of the trees have. been saved. Mayor Johnson asked about-the main collection point for runoff from the .1300 stall parking lot. Mr. Weiss explained that there is a series of storm sewer systems on the site that will appropriately serve the runoff from. the parking lot. Holly Dahl, School Board Chair, expressed the School Board's appreciation for the cooperation by the City Council and staff on this project. Mr. Erickson commended the efforts of .both the School District and City for hosting a successful neighborhood meeting, foNowed by a very intense environmental review process, and a joint work session between the City Council and School. Board members. 03.64 Motion was made by Luick, seconded by Rieb to approve the following: a. Resolution No. 03-93 approving the preliminary and final. plat of Lakeville High-School No. 2; b. Resolution No, 03-94 approving a Comprehensive Plan amendment to change the land use designation of property from Medium Density Residential and Office Park/Business Campus. to Public and Serni-Public-and to bring the property into the current Metropolitan Urban Service Area; CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 • PAGE 7 c. Ordinance No. 740 rezoning property to RM-1, Medium Density Residential District; d. .Conditional Use Permit. for-Lakeville High School No. 2 Roll call -was taken on the motion. Ayes, Wulff,-Rieb, Luick, Bellows, Johnson. ITEM 11 Mr. Erickson presented a resolution authorizing acquisition of certain. real property interests for open space, scenic and park purposes. The two parcels, 18931 Kenyon Avenue and 18945 Highway 35W, are located on the north end of the westerly backwaters of Lake Marion, directly adjacent to I-35. The area within which the properties are located consists of five tax parcels. Three of the tax parcels have been acquired by the City through negotiation. Due to the features of lake frontage and views, the proposed acquisition fails. within the City's Comprehensive Park, Trail and Open Space System Plan for utilization as a greenway conservancy area. He stated the parcels have non-conforming front, side and rear yard setbacks,. as well as substandard water and sanitary sewer systems. The .City historically tries to avoid eminent domain in the acquisition of property and is hopeful that a settlement can be reached. 03.65 Motion was made by Bellows, seconded by Wulff to approve Resolution No. 03-95 authorizing acquisition of certain real property interests for open space,. scenic and park purposes. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. :ITEM 12 The Community & Economic Development Director requested Council approval of an amendment to the City's Business Subsidy. Policy. Mr. Olson explained that the Minnesota Business Subsidies Act requires the incorporation of a specific wage floor for wages to be paid for any jobs created as a result of the business subsidy. The Economic. Development Commission held the required public hearing and is recommending that the Business Subsidy Policy be amended to incorporate the Federal minimum wage as the minimum floor wage in the .policy. The. Economic Development Commission received no comments at the public hearing. CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 8 03.66 Motion was made by Rieb, seconded by Wulff to approve an amendment to the Business Subsidy Policy to incorporate the Federal Minimum Wage. as the floor wage for any jobs created as a result of a business subsidy. Roll call was taken on the. motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ITEM 13 David Sellergren, attorney representing Midwest Asphalt Corporation, requested Council approval of an interim use permit for Midwest Asphalt, Inc. to allow an expansion of their existing sand. and gravel mine located east of Interstate 35 and north of 195th Street West. He explained that the expansion would allow Midwest Asphalt to mine the remaining 65,000 cubic yards of sand and gravel along: the east boundary of the existing gravel mine. The proposed mining area is not within the shoreland or bluff impact zones or within any protected tree line area. He pointed out that Midwest .Asphalt leases the property from the owner, Richard Bury, and emphasized that Midwest Asphalt has not cut down, nor intends to cut down, any trees within this mining area. , He indicated that Midwest Asphalt, in conjunction with the property owner, intends to come. back with. a revised end use plan for the property, which would include a reclamation and reforestation plan. Due to a criminal proceeding by the City against the land owner for the removal of significant trees within the protected area, Mr. Sellergren stated there are conditions of the interim use permit that Midwest Asphalt and City staff disagree on. Condition (c) requires. a reforestation plane and a $60,_000 security to guarantee the planting of the_replacement trees by December 31, 2005. He indicated that Midwest Asphalt is willing. to post a $60,000 performance bond to guarantee submittal of a reforestation and reclamation plan, as opposed to planting of the trees. He indicated that the trees should be planted .upon implementation of the end use .plan, to avoid having to remove some of the newly planted. trees while grading the site. Mr. Sellergren also requested that Condition (u) be amended to allow the completion of mining and removal. of all aggregate material by August 1, 2004, rather than December 31, 2003. He stated. the restoration work could be completed by December 31, 2005, as indicated.. CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 9 Mr. Dempsey explained that the area has been mined since the early 1960's. The Planning Commission held a public hearing on the interim use permit request and recommended approval. subject to 26 stipulations as .listed in the planning report, with amendments to three of the stipulations. City Attorney Roger Knutson. indicated that, in response to Mr. Sellergren's request for an amendment to Condition (c), the reforestation of :approximately 300 trees would take place in the protected shoreland and bluff areas. Thus, there should be no grading or disturbance of the trees in that area, Mr. Knutson recommended that the words"performance bond" be deleted from Condition (c) of the interim use permit. With this amendment, Condition (c) provides the best protection for the City and guarantees the replacement of the trees by December 31,:2005.: He stated the request to modify Condition. (u) to read August 1, 2004, rather. than December 31, 2003, could be granted. Mr. Barry. Ficke, President of the Lake Marion Homeowners Association, stated the Association's primary concern is the water quality of Lake Marion. He stated he feels it is imperative that the trees be replanted as quickly as possible in order to minimize any further damage to Lake Marion. Mr. Erickson stated the area in which the trees were removed is clearly off limits to any grading or tree removal. Both. Midwest Asphalt and the property owner have an obligation to protect the natural resources. He suggested Mr. Sellergren meet with Mr. Bury to assure thatthe trees are replanted as recommended by the Planning. Commission in Condition (c) of the interim use permit. Council Member Rieb asked if the City has a previous agreement with Midwest Asphalt regarding restoration and rehabilitation of the site. Mr. Knutson stated it does. Council Member Wulff stated the City has the ability to require a two for one replacement. of the trees that were. removed from the protected area. She stated she feels the City is being very reasonable. Council Member Luick stated regulations associated with environmental law apply to both the owner and operator, and this issue needs to be resolved between the two. parties. e CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 2003 PAGE 10 03.67 Motion was made by Bellows, seconded by Rieb to adopt the Planning Commission's Findings of Fact and Recommendation as the council's and .approve an interim use permit to allow the excavation and mining of aggregate on property located east of Interstate 35 and north of 195tH Street, amending Condition (c) by removing .the words "performance bond" and amending. Condition (u) by changing December 31, 2003 to August 1, 2004. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. UNFINISHED BUSINESS None NEW BUSINESS Council Member Wulff stated she has received positive comments with regard to the pedestrian crossing downtown. She asked the council members to consider requesting the Dakota County Highway Department to stripe a pedestrian crossing at the intersection of Holyoke Avenue and 202~d Street, as this intersection is very difficult for pedestrians to cross. 03.68 Motion was made by Wulff, seconded by Luick. to request the Dakota County Highway Department to evaluate the merits of striping a pedestrian crossing at the intersection of Holyoke Avenue and 202nd Street. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ANNOUNCEMENTS. Next regular Council meeting, June 16, 2003 Mayor Johnson adjourned the meeting at 8:56 p.m: Respectfully submitt , ~, ~ 1 Charlene Friedges, City IE ~ry , i Robert D. Johns ,Mayor