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HomeMy WebLinkAbout04-15-02..; .~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 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 allegiance to the flag was given. Roll call was taken.. Present: Council Members Bellows, Mulvihill, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, .City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Olson, Community & Economic Development Director; D. Martens, Police Chief; D. Morey, Planning Director; D. Volk, Director of Operations & Maintenance; J. Hennen, Assistant to City Administrator; C. Friedges, City Clerk. • MINUTES The minutes of the April 1, 2002 City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS The City Council recognized two Lakeville businesses, Con Agra Store Brands and Toro Distribution. Todd Bornhauser, Ex- Officio member of the Economic Development Commission, introduced Paul Lapadat, General Manager of Con Agra Store Brands, and Gary Stone, Manager of Toro Distribution. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None ~, .~ • CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 2 PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March monthly report of the Parks &Recreation Department. CHIEF OF POLICE: Chief Martens presented the March Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced the new Project Northland Coordinator, Judy Johnson. Mr. Michaud introduced Jon Ridge, Execu ive Director of the Minnesota Council of Hostelling International. Mr. Ridge provided an overview of the upcoming Ironman Bike Tour, which will involve more than 5,000 recreational bicyclists. The event will take place on Sunday, April 28t", commencing and finishing at Lakeville High School. Joanne Berres requested Council approval of a proclamation declaring Thursday, May 2nd, as National Day of Prayer. She stated participants are asked-to meet in front of City Hall from noon to 1 p.m. on May 2nd. Council Member Bellows read .the proclamation. Mr. Nelson introduced. Mark Krebsbach, .Dakota County Transportation.Director/Dakota County Engineer.. He also introduced John Sass, County Road 70/I-35 Interchange Project Manager from Dakota County. CITIZENS' COMMENTS None CONSENT AGENDA Council members. added Item 14 to the consent agenda. 02.49 Motion .was made by Luick, seconded by Rieb to approve the consent agenda items as follows: a. Claims for payment. b. March Investment'Report CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 3 c. .Receive minutes of the following advisory committee ,meetings: Economic Development Commission, March 26t" Parks,. Recreation & Natural Resources Committee, April 3rd Lakeville Area Arts Center Board, April 4t" Planning Commission, April 4t" d. Joint Powers Agreement with Dakota County for household hazardous waste collection. e. Receive bid and approve contract with Custom Fire Apparatus for the purchase of a fire truck. f. Resolution No. 02-71 authorizing the sale of unclaimed property. g. Resolution No. 02-72 authorizing the sale of fixed assets. h. Resolution No. 02-73 accepting donation from WeIIs Fargo Bank to the Police Department. Resolution No. 02-74 accepting donations from Enggren's Market and McDon-aid's to the Parks& Recreation Department. j. Resolution No. 02-75 accepting donation from .Sterling State Bank to the Parks & Recreation Department. k. Agreement for mower lease with Siemon Implement. I. Resolution No. 02-76 receiving bids and awarding. contracts for landscape maintenance... m. Resolution No. 02-77 approving plans and specifications and setting a bid date :for Improvement Project 01-07, tennis court construction at Bunker Hill Park and Dodd Trail Park. n. Resolution No. 02-78 approving Change Order No. 6 for the Lakeville Area Arts Center. CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 4 o. .Resolution No. 02-79 approving agreement with State of Minnesota, and Agreement with Dakota County, for traffic control signals at County Road 60 and Interstate 35, Improvement Project 99-12. p. Resolutions No. 0'2-80 and 02-81 regarding .designation and revocation of municipal state aid streets. q. Proposal from Short Elliott Hendrickson to update the .Comprehensive Water Plan and the Comprehensive Sanitary Sewer Plan. r. Three-year extension of a special home occupation permit to allow the operation of a hair salon business at 16524 Jaguar Avenue. s. Amendment to Conditional Use Permit No. 96-01 to allow the removal of an existing detached accessory building and the construction of a new detached accessory building for • Hosanna! Lutheran Church, located at 9600 - 163rd Street. t. Tree service operator license for Vertical Perfections. Tree Care. u. Renewal of a tree service operator license for Aspenwall Tree Service, Inc. v. Grant aone-year extension for the preliminary plat of St. Frances Woods 7t" Addition. w. Resolution No. 02-82 approving Dakota County Community Development Agency contamination investigation and response action plan grant application for the Wren property. x. Resolution No, 02-83 amending the Downtown Special Service District Budget. 14. Resolution No. 02-88 approving plans and specifications and setting a bid date for the Council Chamber and Cable Department master control audio visual, sound and video system redesign and replacement. .CITY OF LAKEVIT,LE COUNCIL MEETING APRIL 15, 2002 PAGE 5 Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 9 Mr. Knutson requested Council consideration of an ordinance concerning official mapping, which represents. a very important step in the completion of the transportation network in the area of Interstate 35 and County Road 50. This ..step would begin the official mapping process for the transportation network in .that area. Mr. Knutson explained that the City Council authorized the I-35/County .Road 50 Interchange Study in 1996. Following receipt of the interchange study, numerous public meetings were held to solicit input on the study. The City Council. adopted the interchange study in 1999. The City now needs to officially map the roads in the designated. area to ensure that necessary roadways. can be constructed in the future. He explained that the City would need to secure approval of Dakota County, MnDOT and the Federal Highway Administration for roadway alignments and geometrics. Mr. Knutson explained that official mapping has been available to cities for many years. The purpose of the official map is to preserve a corridor for a roadway project. He explained that through the official mapping process, the City, working with various State, County and Federal agencies, determines the alignment and geometrics of a roadway. This information is referred to the Planning Commission for a recommendation and is then forwarded to the City Council for a public hearing. Based on the information received, the City can adopt the official map of the identified corridors.. The affect of that map is that no one can build a structure within the identified corridor. If a building permit request interferes with that mapped roadway, the property owner would have to satisfy criteria for a variance and subsequent building permit. Mr. Knutson explained that the official mapping process takes a considerable period of time. The proposed interim ordinance provides the City atime-out to accomplish the official mapping. ~. CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 6 Mr. Nelson showed the proposed area around I-35 and County Road 50 that is being proposed for the official mapping. Mayor ]ohnson asked what role Dakota County would play. Mr. Nelson stated the County will play a significant role in the design of County Road 50 and access along County Road 50. Council Member Rieb pointed out that property owners currently located in the. I-35/County Road 50 area have. been waiting patiently for answers and solutions to the transportation issues in that area. Council Member Bellows asked how much time the official mapping will take. Mr. Erickson stated this is expected to be a 12 to 30 month process. 02.50. Motion was made by Mulvihill, seconded by Bellows to adopt. Ordinance No. 710, an interim ordinance temporarily prohibiting development in a designated area of the city. Roll call was taken on the motion. A es ]ohnson Mulvihill Y Rieb, Luick, Bellows. ITEM 10 Mr. Knutson presented for the Council's consideration an ordinance temporarily prohibiting approval of certain residential development. He explained that when the zoning ordinance was updated two years ago, the City Council directed the Planning Commission and staff to evaluate the ordinance update and determine whether additional changes are necessary. He further pointed out that the City Council authorized, on the consent agenda this evening, the City's engineering consultant to update the City's Comprehensive Sanitary Sewer Plan and the Comprehensive Water Plan. This proposed interim ordinance would provide the City with atime- out to complete these studies while protecting the planning process. He provided several reasons why the study and subsequent amendments to the zoning ordinance are needed. Mr. Knutson explained that pending completion of the study and adoption of appropriate official .controls, no plat for CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 7 residential development shall be processed or approved, and no application for such .approval shall be accepted. The ordinance shall not apply to the following: plats that have been preliminarily approved by the City Council prior to adoption of .this ordinance; plats for senior. housing; plats for low and moderate income rental housing; plats for which a sketch plan or preliminary plat application has been completed and filed with the City prior to April 11, 2002; plats for manufactured homes; .plats for churches and schools; and administrative subdivisions. Mr. Morey explained that there are a total of 3,903 housing units in the City that have. either been approved by the City Council or are currently in the process of being developed. Of that .total, there are.1120 single-family homes, 2411 townhouses, and 372 apartments. Mr. Morey pointed out that based on the number. of building permits issued in the past for townhouses, 2411 units represents a five to eight year supply. Broken down by school district, .the number of housing units available is as follows: Lakeville 2746, Farmington 874 and Rosemount 272. Mayor Johnson pointed. out that this interim ordinance would help provide some relief to the rapidly growing school districts. It also responds to concerns raised by residents in the community survey to slow down development in .the City; and it would help place more emphasis on industrial and commercial development,. as provided in the City's Strategic Plan for Economic Development. Mr. Erickson pointed out that the acreage available in the current Metropolitan Urban Service Area can accommodate approximately 2000 additional units/lots. 02.51 Motion. was made by Luick, seconded by Mulvihill to adopt Ordinance No. 711, an interim ordinance temporarily prohibiting approval of certain residential development. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. • ,, CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 8 ITEM 11 John Schroeder, President of the Lakeville Hockey Association, recommended Council approval of the Lakeville Ames Arena seating project. With the improved, quality seating, Ames Arena would be comparable to other Lake Conference. hockey facilities. He explained that the project follows the 1992 Memorandum of Understanding between the City of Lakeville, Lakeville HRA, ISD 194, the Lakeville Hockey Association and the Lakeville Community Corporation for construction of the Lakeville Ames Arena. Mr. Feller explained that due to budget constraints, permanent seating was not installed with the initial ice arena construction project. A Memorandum of Understanding dated February 19, 2002 provides for the construction and financing of the seating facilities. While the primary purpose of the Memorandum of Understanding was to provide seating, the architectural study . included future locker rooms and shower facilities. ,Bids were opened on April 4t" and were very favorable. Construction Results submitted the low bid,. but later withdrew the bid due to a clerical error. The second low bid was from Parkos Construction. The total contract with Parkos Construction was $463,500. The total .proposed project cost is $587,812. Financing for the project will come from five basic sources, including a surplus account, Ice Arena Construction Fund, the. LHA, ISD 194 and an LMCIT loan. 02.52 Motion was made by Bellows, seconded by Mulvihill to approve the following with respect to the Lakeville Ames Arena Seating Project: a. Agreement between the City of Lakeville, Lakeville HRA, Lakeville Hockey Association, Lakeville Community Corporation and ISD 194 authorizing to proceed with the Lakeville Ames Arena seating project; b. Resolution No. 02-84 awarding contract to Parkos Construction in the amount of $463,500; CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 9 c. Resolution No. 02-85 awarding the sale of $220,144 General Obligation Capital Note, Series 2002. Roll call was taken on the motion.. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. ITEM 12 Tom Ryan requested Council approval of the preliminary and final plat. of Lynwood Heights. He stated the plat has been designed an the property to .save as many of the trees and natural amenities as possible. Ron Mullenbach, Associate Planner, presented the proposed preliminary and final plat of Lynwood Heights, which consists of 36 single-family lots and three outlots located north of 170tH Street and west of Ipava Avenue, southwest of the Boulder Village townhome development. Included with the preliminary and final plat is the vacation of a public drainage and utility easement. Mr. Mullenbach pointed out the proposed street connections associated with this plat. He explained that the Parks, Recreation & Natural Resources Committee recommended approval of the preliminary and final plafi subject to 2.28 acres of park land dedication and construction of an eight foot wide bituminous trail within Outlot B. The Planning Commission held a public hearing and unanimously recommended approval of the preliminary and final plat and easement vacation subject to seven stipulations. Council Member Luick asked if the Quit Claim Deed for the easement through the subject property also includes the extension of the easement outside the plat boundaries.. Mr. Mullenbach stated it includes the easement within the subject property only. The City Attorney stated his office is reviewing the legal description of the Quit Claim Deed. to assure that it .covers only the property within the plat. 02.53 Motion was made by Luick, seconded. by Rieb to approve Resolution No. 02-86 approving the preliminary and final plat ~~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 10 of Lynwood Heights and Resolution No. 02-87 vacating public easements. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. Mayor Johnson recessed the meeting at 8:45 p.m. and reconvened at 8:55 p.m. ITEM 13 Mr. Richard Carron, President of River City Asphalt, Inc., requested Council approval of an amendment to a mining and excavation conditional use permit to allow the.expansion of the River City Asphalt sand and gravel mining operation. The property is located north of 205t" Street and. west of Interstate 35. Kirsten Rojina, Geologist and Civil Engineer with Sunde . Engineering, explained that five years ago, River City Asphalt was granted a conditional use permit .for: gravel mining on approximately 20 acres of a 75-acre parcel of property. At that time, an asphalt plant was included. River City Asphalt has agreed to not include the asphalt plant with this proposal and. to relocate the asphalt plant to another area. Ms. Rojina explained that several issues were discussed at the Planning Commission public hearing. One issue, which has now been resolved, involves access to the site. The access will continue to be through the adjacent Dale Properties (Aggregate Industries) on the east side of the River City Asphalt property. All truck traffic will access the site through the Dale Properties, and there will be no new access off of 205t" Street. She went on to explain that since the Planning. Commission meeting, River City Asphalt representatives met with .the Krawzas regarding berming and screening issues. One of the proposed conditions of the conditional use permit would be to require restoration of the steep slopes near the Krawza property prior to mining in the expansion area, which addresses one of the primary concerns of the Krawzas, r~ r CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 11 Mr. Dempsey presented the proposed conditional use permit amendment/mining and excavation permit .allowing River City Asphalt to continue. mining on the property for an additional three years. He explained that the conditional use permit approved in 1997 allowed River City Asphalt to mine the 20- acre area for a period of .five years. .River City Asphalt is requesting an amendment to the conditional use permit to allow an additional 9.8 acres of mining for an additional three years. He explained that due to ongoing complaints from nearby residents, and upon. direction of City staff, River City Asphalt has agreed to remove the asphalt- plant from this property. However, an alternative location has not yet been determined. He stated if the asphalt plant. is located within the City of Lakeville, it would be restricted to an industrial zoned area as an interim use only. Mr. Dempsey stated River City Asphalt hosted a neighborhood meeting with approximately 2S residents in attendance. The vast majority of those in attendance were not opposed to the proposed expansion. and favored the. removal of the asphalt plant from the site. The Parks Recr i n N r I Res urc mmittee eat o & atu a o es Co reviewed the proposed expansion plans and recommended approval subject to comments from the Dakota County Soil & Water Conservation District and the Department of Natural Resources. The Planning Commission held a public hearing at its April 4t" meeting. Issues raised. at the public hearing .involved noise generated from the crushing operation, water quality, ground water usage, washing of the gravel on site, location of the rock crusher, including airborne particulates from the crushing operation, setbacks from the mining operation, screening, and the location of the. berm along 2051h Street. An issue was raised with respect to City staff inspections at the property, which occur approximately three to five times per year. Mr. Dempsey stated City staff is willing to increase its inspection of the property to ensure that stipulations of the conditional use permit are being met. The Planning Commission adopted Findings of Fact and Recommendation for approval of the. mining and excavation conditional use permit amendment subject to 27 stipulations. Staff is recommending the addition of Stipulation 28 that the slope and area around the Krawza property and 205t" Street be 4a Q CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 12 restored prior to beginning mining. in the proposed expansion area. The City Attorney is in the process of drafting the amended conservation easement, which protects the areas that are not proposed to be mined. Staff recommends approval.. Mayor Johnson informed those in attendance that all comments presented at the Planning Commission public hearing have been forwarded to the City Council. Mayor Johnson stated he would entertain. any additional comments at this time. Bob Powell, 11774 - 205t" Street West, presented a survey identifying opinions of the neighborhood residents with respect to the proposed extension of the gravel mining operation. Mayor Johnson asked about the chance of this extension going. beyond the additional three years. Mr. Knutson explained that the .area to the north is a DNR protected. wetland, and it is unlikely that the DNR would allow that area to be disturbed for the purpose of mining. In addition, any further expansion of • the mining operation would most likely require an Environmental Assessment Worksheet. Walter Krawza, 11881 - 205t" Street West, stated the residents were told five years ago that the mining and asphalt operation would only last another five years. He stated he is disappointed with the proposed three-year extension and would like to see the operation come to an end. Jim Clark, 12015 205t" Street, stated he feels the gravel mining should be allowed to continue. John Raplinger, 11897 210t" Street, submitted additional points to the concerns presented at the public hearing. He stated .the .citizens of west Lakeville had been told that the operation .would sunset five years ago; and they are now being asked to tolerate three additional years. He felt the City has not. been responsive to enforcement of the conditions of the original permit that was granted five years ago. He felt that River City Asphalt has not been a good neighbor over the Fast five years and has no reason to believe that it will improve over the next three years. s ~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 13 Mike Dunham, 11513 2051h Street, stated he has never had a problem with the gravel mine, He stated he has not noticed dust or noise and feels that River City Asphalt has been a good neighbor. He urged the City Council to approve the three-year extension and allow River City Asphalt to finish mining the gravel. Council Member Luick asked about Condition r) on Page 3 of the conditional use permit amendment regarding the screening berm and landscape along 205t" Street. He stated he would like to see a date. specific.. Staff recommended the restoration along 205t" Street be completed by June 30, 2002. Council Member Luick recommended that the last sentence of Condition u) be eliminated. The sentence being eliminated reads, "If commencement of mining is delayed due to any government action or court injunction,. the mining deadline shall be continued an equivalent amount of time." • Mr. Carron agreed to changes recommended by Council Member Luick. Council Member Rieb asked about the need for and value of gravel in the area. Ms. Rojina explained that the supply of sand and aggregate in the Metropolitan area is diminishing due to development. She stated there is a priority in terms of planning by the Metro Council and DNR to determine where these reserves are located so that raw material can be mined prior to development occurring in those areas. Sand and gravel is used extensively throughout the United States, she explained, and there is a high demand for it in the Metropolitan Area. Council Member Rieb asked where this property is slated in the MUSA and how many years before. it can develop. Mr. Dempsey explained that the southeast portion of the River City Asphalt property, which has already-been mined, along with the Dale property and the Krawza property, is located in the 2005 MUSA. The Muller Theater property and the Lakeville Commerce Center plat are all within the current MUSA. All of the property west of the Lakeville Commerce Center and west ., CITY OF LAKEVILLE COUNCIL MEETING. APRIL 15, 2002 PAGE 14 of the River City Asphalt property are in the Permanent Rural District. Council Member Mulvihill expressed major concerns with the. proposed extension. of this operation. She pointed out that there were problems that occurred during the past five years, and she feels that past behavior reflects future behavior. She stated she understands the need for gravel mining; however, she feels the Council needs to address the concerns of the neighborhoods. She stated she was on the Council when the permit was granted five years ago, -and there was considerable opposition. by the neighborhood residents. The compromise that was reached at that time was to Limit the operation to five years. Council Member Bellows stated he feels steps have been made to address the concerns of the residents, such as the decision to move the asphalt plant to another location. He stated he feels the operation produces a needed product. 02.54 Motion was made b Rieb seconded b Luick to a rove an Y Y pP Amendment to Excavation. and Mining Conditional Use. Permit No. 97-03 to allow the expansion of the existing River City Asphalt Company sand and gravel mining operation located west of Interstate 35 and north of 205t" Street, with revisions to Conditions r) and u) as recommended. Roll call was taken on the. motion. Ayes, Bellows, Johnson, Rieb, Luick. Nay, Mulvihill. ITEM 15 The City Clerk presented the 2002 City of Lakeville Precinct Map and Polling Places. She explained that the new precinct boundaries are being established due to legislative redistricting and increased population. Several new polling. places are proposed. They include the Lakeville Area Arts Center {Precinct 1), All Saints Catholic Church (Precinct 2) and Hosanna! Lutheran Church .(.Precinct 4). One precinct is being added for a total of 14. That precinct would vote at Family. of Christ Lutheran Church. The new precinct boundaries and polling places will take effect this summer, prior to the September 10tH ~, CITY OF LAKEVILLE COUNCIL MEETING APRIL 15, 2002 PAGE 15 State Primary Election. All registered voters will be notified by mail of their precinct number and polling place. 02.55 Motion was made by Rieb, seconded by Bellows to approve Resolution No. 02-89 establishing City of Lakeville voting precincts and polling places. Roll call was taken on the motion. Ayes,. Johnson, Mulvihill, Rieb, Luick, Bellows. ITEM 16 02.56. Motion was made by Bellows, seconded by Mulvihill to hold a Council work session on Monday, April 29t", at 4:30 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. UNFINISHED BUSINESS None • NEW BUSINESS The Assistant to the City Administrator provided an update regarding Community Clean-Up Day, Saturday, April 20th. This year all volunteers will. receive a free t-shirt. ANNOUNCEMENTS Next regular Council meeting, May 6, 2002 Mayor Johnson adjourned the meeting at 10:05 p.m. Respectfully submitted, Charlene Friedges, C' Clerk Robert D. John on, Mayor