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HomeMy WebLinkAbout04-07-03 CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 A comp/ete 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 allegiance to the flag was given.. Roll 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; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Morey, Planning Director; R. Mullenbach, Associate Planner; D. Volk, Director of Operations & Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the March 17, 2003. City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Jim Emond introduced David Wilson, Vice President of Despatch Industries. Mr. Emond and Mr. Wilson provided information on the business, which has been located in Lakeville since 1951. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided an engineering project update. Recently completed projects included pond cleaning, channel restoration, preparation for 2002 carryover projects and 2003 new construction projects. An open house for the County Road 60 project is planned, as well as a wellhead protection plan public informational meeting. CITY OF L~4KEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 2 I-~J ADMINISTRATOR: Mr. Erickson provided. a revised resolution and list of utility accounts for certification, agenda item #9. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the March monthly report. of the Operations & Maintenance Department. Council Member Wulff asked about the success of the pilot project in her neighborhood whereby salt was used without sand after a snow event. Mr. Volk stated that the clearlane salt worked well, and by not utilizing sand in that area, there will be considerably less clean up (sweeping) this spring. ALF AMBULANCE ADMINISTRATOR: Director of Operations, Patti McCauley, introduced the new ALF Ambulance Administrator, Tom Kelley. Ms. McCauley presented the ALF Ambulance 2002 Annual Report. PRESENTATIONS/INTRODUCTIONS Senior Coordinator Linda Walter, along with Eugene Kaufenberg, Senior Citizens Club. President, asked the City Council to proclaim April. 27 through May 3, 2003 as Lakeville Senior Center Volunteer Recognition Week. Mr. Kaufenberg acknowledged some of the volunteer activities that Lakeville senior citizens are involved with. Council Member Bellows read the proclamation. Mr. Michaud introduced Jon Ridge, Executive Director of the Minnesota Council of Hostelling International. Mr. Ridge provided an overview of the 2003 Ironman bike tour, scheduled to be -held on April 27, 2003. The event will, again, be hosted by the City of Lakeville. Mr. Kevin McCartney asked the City Council to proclaim May 1, 2003 as National Day of Prayer in Lakeville. Council Member Luick read the proclamation. CITIZENS' COMMENTS None CONSENT AGENDA 03.37 Motion was made by Rieb, seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 3 • b. Receive minutes of the following advisory committee meetings: • Telecommunications Commission, March 11, 2003 • Parks, Recreation & Natural Resources Committee, March 19, 2003 • Planning Commission, March 20, 2003 • Economic Development Commission, March 25, 2003 c. Resolution No. 03-50 accepting donation of $500 from Dakota Electric for Safety Camp 2003. d. Resolution No. 03-51 accepting donation from Wells Fargo Bank for Safety Camp 2003. e. .Maintenance Agreement with All City Elevator, Inc. for Arts Center elevators and stage lift. f. Landscape Agreements with Reisinger Lawn Service and Nowack's Lawn Service for enhanced, standard and rough-cut landscape maintenance. g. Final. payment and acceptance for 2001 sealcoating District 1, concrete curb and gutter and miscellaneous pavement repairs, Improvement Project No. 01-05; and Orchard Lake Park boat launch access and parking improvements, Project No. 01-08. h. Special home occupation permit to allow the operation of a massage therapy business at 17187 Jordan Court. i. Resolution No. 03-52 designating .portions of Hayes Avenue and 170' Street as Municipal State-Aid Roadways. j. Revised contract with Ingraham and Associates for park planning services. k. Letter of Understanding with Dakota County to participate in the Criminal Justice Information Integration Network. I. Mutual Police Assistance Agreement with Dakota County for a County-wide special weapons and tactics (SWAT) team known as the Mutual Aid Assistance Group (MAAG). C17Y OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 4 m. Approve change in stock ownership of the American Golf Corporation relating to on-sale liquor license at Crystal Lake Golf Course. n. Renewal of a tree service operator license for S & S Tree and Horticultural Specialists, Inc. o. - Revised Use Policies and Fees for the Lakeville Area Arts Center. p. Resolution No. 03-53 repealing the resolution establishing a Lakeville Area Arts Center Board; and Resolution No. 03-54 creating a Lakeville Area Arts Center Board with eight members and an alternate. q. Agreement with Monroe Crossing for the purpose of presenting a performance at the Lakeville Area Arts Center. r. Resolution No. 03-55 amending the Lakeville Liquors age verification policy. s. Appointment of David Wood, Hunting Subcommittee Alternate. t. Resolution No. 03-56 accepting donation of a Tint Meter from the Minnesota Department of Public Safety. u. Trunk storm sewer oversizing credit to the developer of Dodd Marsh Highlands. v. Resolution No. 03-57 authorizing the sale of vehicles. w. Resolution No. 03-58 authorizing the sale of a forfeited vehicle. Roll call was taken on the motion, Ayes, Bellows, Johnson, WuIfF, Rieb, Luick. ITEM 9 Mayor Johnson opened the public hearing on the certification of delinquent utility accounts.. The City Clerk attested that legal notices were duly published and mailed. CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 5 Mr. Feller presented the list of delinquent utility accounts being certified to the County Treasurer/Auditor, which totals $53,446.86. This amount includes a $25 service charge and 18% interest for the period of April 7, 2003 until December 31, 2004. No interest is charged if the entire amount is paid within 30 days of adoption of the assessment. Mr. Erickson explained that the. City can avoid 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. 03.38 Motion was made by Luick, seconded by Bellows 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. 03.39 Motion was made by Luick, seconded by Bellows to approve Resolution No. 03-59 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 10 Dave Olson, Community & Economic Development Director, presented a resolution regarding the proposed Lakeville/Farmington Dakota County East/West Corridor Study. The study is intended to identify a preferred system of east/west corridor alignments and a plan for the preservation of these corridors. Mr. Olson explained that a joint work session of the Lakeville and Farmington City Council was held on March 10t". Staff from both cities presented information regarding the proposed East/Vl/est Corridors B, C, D and E. The resolution clarifies the position of both cities on each proposed corridor. 03.40 Motion was made by Rieb, seconded by Wulff to approve Resolution No. 03-60 regarding the Dakota County East/West Corridor Study. CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 6 • Roll. call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEM 11A Dave Olson presented the proposed improvements for the I-35W/CSAH 50 interchange and an interim ordinance temporarily prohibiting development in that area of the city. He explained that the original interim ordinance for this area was adopted on April 15, 2002 and is scheduled to expire on April 14, 2003. However, additional time is necessary to complete several steps associated with the proposed project, including the necessary surveys and legal descriptions, preparation and adoption of official maps and right-of-way acquisition. The overall project schedule remains the same, with construction of the interim improvements being completed in the fall of 2004. The proposed ordinance would .extend the interim ordinance temporarily prohibiting development in this area until no later than April 14, 2004. ITEM 11B Keith Nelson presented a proposal. from SRF Consulting Group, Inc. for professional engineering services associated with the I-35/CSAH 50 interim improvements. He explained that SRF has developed a preliminary design layout for both ultimate and interim improvements, .The interim improvements include the reconstruction of Highway 50 to its ultimate 4= lane divided cross section between 176' Street and Jure! Way, the realignment of 175t" Street to 176"' Street, the realignment of Kenrick Avenue to Junelle Path, the widening of the southbound I-35 exit ramp and interim construction of Highway 50 from 172"d Street to 176t" Street, including a fourth lane .under the I-35 bridge. State aid funds, if approved, would be utilized for this project. City staff has met. with the businesses that would be impacted by the project to discuss relocation options. ITEM 11C Dave Olson. presented a resolution authorizing the acquisition of five commercial properties that need to be acquired for this project. They are Friendly Host Inn, Sinclair Marketing, Vernon Kelley (SuperAmerica), BFI Real Estate Holdings (Taco Bell), and Midway National Bank of St. Paul (an undeveloped lot). He explained that the County Attorney's office has agreed to complete these acquisitions on behalf of the City. The City will be working with the owners of SuperAmerica and Taco Bell to facilitate • their relocation to new. commercial sites along CSAH 50. The acquisitions will be funded from the proceeds of the recent issuance of Street. CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 7 • Reconstruction Bonds. Dakota County will reimburse the .City for its normal share of right-of-way costs. 03.41 Motion was made by Luick, seconded by Rieb to approve the following items associated with the I-35W/CSAH 50 Interchange Improvements: a. Ordinance No. 734, an interim ordinance temporarily prohibiting development in a designated area of the City; b. Proposal from SRF Consulting Group, Inc. for professional engineering services for the I-35/CSAH 50 interim improvements, Improvement Project 02-07; c. Resolution No. 03-61 authorizing acquisition of certain real property .interests in connection with Improvement Project 02-07. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ITEM 12 Trent Johnson of M.W. Johnson Construction requested Council approval of Creekside Village. Mr. Mullenbach presented the staff report for Creekside Village, which consists of 17 single-family lots on four blocks and two outlots. The, subject property, which consists of 13.07 acres, lies north of Dodd Boulevard and west of Foliage Avenue. In conjunction with the preliminary and final plat, the developer is requesting approval of an ordinance rezoning the portion of the property currently zoned RST-2, single and two family residential district, to RS-3, single family residential district, a variance to allow cul-de-sac length in excess of 600 feet and a resolution vacating public easements. The Planning Commission held a public hearing on Creekside Village and unanimously recommended approval. Staff recommends approval subject to the Planning Commission's Findings of Fact and Recommendation. Mayor Johnson asked about the width of the temporary cul-de-sac. Mr. Mullenbach stated the turning radius would be sufficient for a snowplow vehicle. Council Member Wulff thanked M.W. Johnson Construction for developing . this property as a single family, rather than a multi family, development. CITY OF LAKEVILLE COUNCIL MEETING APRIL 7, 2003 PAGE 8 • 03.42 Motion was made by Bellows, seconded by Wulff to receive the planning Commission's Findings of Fact and Recommendation and approve the following for Creekside Village: a. Resolution No. 03-62 approving the preliminary and final plat b. Resolution No. 03-63 vacating a public roadway easement and public drainage and utility easements c. Variance for. cul-de-sac length in excess of 600 feet d. Ordinance No. 735 rezoning property from RST-2, single and two family residential district, to RS-3, single family residential district Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 13 Kari Gill, representing the Dakota County Community Development Agency, requested Council approval of Lakeville Family Housing Third Addition. Associate Planner Janice Waataja presented the planning report for Lakeville Family Housing Third Addition, which consists of one. lot on one block. The development will include 40 attached rental townhouse units on 6.34 acres of land located west of Iberia Avenue, east of UBC and south of 203rd Street. In conjunction with the preliminary and final plat, the developer is also requesting rezoning of the plat area to Planned Unit Development and vacation of public utility easements. The access will line up with the access to the New Horizon Daycare on the north. side of 203rd Street. Ms. Waataja explained that the site plan is consistent with the sketch plan approved by the Planning Commission and City Council in September of 2001. The project includes a private looped street system. The streets will be 28 feet in width constructed to City standards. There is one identification sign proposed. The Parks, Recreation & Natural Resources Committee recommended approval subject to a cash contribution to meet the park dedication requirements. The Planning Commission recommended approval 03.43 Motion was made by Wulff, seconded by Bellows to approve the following for Lakeville Family Housing Third Addition: • a. Resolution No. 03-64 approving the preliminary and final plat CITY OF LAKEVILLE COUNCIL MEE77NG APRIL 7, 2003 PAGE 9 :7 b. Ordinance No. 736 rezoning property from RST-1, single and two family residential district, and RM-1, medium density residential district, to PUD, Planned. Unit Development c. Resolution No. 03-65 vacating a public utility easement Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 14 Mr. Erickson stated staff requests the City Council table consideration of Crossroads 1St Addition to allow completion of several unresolved issues. :03.44 Motion was made by Bellows, seconded by Rieb' to table consideration of Crossroads 1St Addition. Roll call. was taken on the motion.. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 15 Steven Albrecht of Bolton & Menk, Inc. requested Council approval of the preliminary plat of Lone Tree Point. He presented a project site plan and explained that this .project is located in an environmentally sensitive area on the north side of Lake Marion. Tree preservation will. include a natural buffer between the residential lots and I-35. The island will remain in its natural state as an outlot. Mr. Morey presented the planning report for Lone Tree Point, which consists of eight single-family residential lots on approximately 16 acres of land. The developer is also requesting a variance for cul-de-sac street length, given the wetlands, topography and Lakeshore features of the property, which prevent a through street connection. He explained that there is an existing house located within the preliminary plat boundaries, which is considered legal non-conforming, because it does not meet the 75-foot building setback from the ordinary high water level of Lake Marion. The preliminary grading plan identifies a house pad that meets the ordinary high water level and all other setback requirements in the event the current owner or a subsequent owner removes the house and constructs a new one. The developer will preserve over 560 trees (62%) • on the property. Mr. Morey explained that the trail will be connected from the cul-de-sac street in Great Oak Shores Point (Kanabec Trail) westerly CITY OF LAKEVILLE APRIL 7, 2003 PAGE 10 • through Outlot A to Kenrick Avenue for a future trail along Kenrick Avei public hearing and recommended variance subject to 14 stipulations. 03.45 Motion was made by Rieb, secondE Commission's Findings of Fact and preliminary plat of Lone Tree Point length. Roll call was taken on the motion. Wulff. ITEM 16 • Mr. Morey presented an amendmer residential fences. He explained th to the zoning, subdivision and sign two of the proposed zoning ordinar Planning Commission for reconsider landscaping requirements for singeE major collector or arterial streets. , Commission reviewed. draft languac by the City Council. The Planning C language with a further modificatio setback in order to provide space fi fence without impacting public utiiii Planning Commission's recommend Concern was raised that the 15-foo single family lots approved prior to depth/width requirements .that wer be too restrictive. City staff modifiE exempt lots of record approved prig setback requirement adjacent to a Planning Department staff recomm amendment as presented. MEETING The developer will also rough grade e. The Planning Commission held a ~roval of the preliminary .plat and by Luick to receive the Planning 'commendation approve the id a variance for cul-de-sac street Rieb, Luick, Bellows, Johnson, to the zoning ordinance related to ;City Council approved amendments ordinances on March 17th, .However, :e sections were referred back to the ~tion of the fence setback and family buffer yard lots adjacent to t a recent work session, the Planning ~, which reflects the concerns raised ~mmission concurred with the draft ~ to require a 15-foot buffer yard fence r landscaping on the street side of the es. The City Council reviewed the ~tions at a work session on March 31~t. fence setback requirement for those he additional buffer yard lot into effect on January 1, 1994 would J the zoning ordinance amendment to r to January 1, 1994 from the fence Major collector or arterial street. nds approval of the zoning ordinance 03.46 Motion was made by Luick, second d by Wulff to adopt Ordinance No. .737, an ordinance amending Title 1 of the Lakeville City Code. • Roll call was taken on the motion. ~4yes, Luick, Bellows, Johnson, Wulff, Rieb. • CITY OF LAKEVILLE OUNC APRIL 7, 2003 `PAG 11 MEETING UNFINISHED BUSINESS None NEW BUSINESS 03.47 Motion was made by Rieb, seconde by Luick to appoint Steven Pattee to the Planning Commission for the re cinder of a three-year term expiring on December 31, 2003. Roll call was taken on the motion. yes, Bellows, Johnson, Wulff, Rieb, Luick. ANNOUNCEMENTS Next regular ouncil meeting, April 21, 2003 Mayor Johnson adjourned the mee ing at 9:00 p.m. Respectfully submitted, n /~ Charlene Friedges, ~D.~~ Robert D. )o son, Mayor