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HomeMy WebLinkAbout10-15-01• • .CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 A complete video tape of the City Council proceedings is retained for one year. Mayor Johnson called the meeting to order at 7:OO p.m;. Scout Troop 235 presented the colors and lead the Pledge of Allegiance'to the flag. 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. Morey, Acting Community & Economic Development Director; D. feller,. Finance. Director; S. Michaud, Parks & Recreation Director; D. Martens, Police Chief; D. Volk, Director of Operations Maintenance; R. Mullenbach, Planner; 7. Hennen, Assistant to _City_Administrator; C Friedges, City Clerk. MINUTES The minutes of the October 1, 2001 City Council meeting and the September 13, 2001 Council work session were approved as presen ed. STAFF ANNOUNCEMENTS ATTORNEY -None ENGINEER -None ADMINISTRATOR - Mr. Erickson. provided additional information for Agenda Item #9. PARKS.`& RECREATION DIRECTOR - Mr. Michaud presented the September monthly report of the Parks & .Recreation... Department. -CHIEF OF POLICE -.Chief Martens presented the September Police Department monthly report. t ~ + . • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 _ PAGE 2 PRESENTATIONS/INTRODUCTIONS Chief Martens introduced three new police officers, Kevin , O'Neill,. Sandra Thoeny and Shawn Fitzhenry. Mayor Johnson administered the oath of office. .Jack Matasosky, representing the City's Economic Development Commission, and Todd Bornhauser, Executive Director of the:. Lakeville Area Chamber of Commerce, requested: Council consideration of a proclamation. for Manufacturers and Technology Month. Council Member`Luick read the proclamation. Jane Berenz, Director of Elementary Education for- ISD 196, addressed the City Council regarding the school district's upcoming levy. referendum. • CITIZENS' COMMENTS None extension. CONSENT AGENDA Council members added Item 13 to the consent agenda, approval being subject to receipt of an easement from the State of Minnesota for construction of the 207t" Street 01.131 Motion was made by Rieb, seconded by Mulvihill to approve .the .consent agenda items as follows: a. Claims for payment. b. September Investment Report. c. Receive minutes of the following advisory committee meetings: ^ Economic. Development Commission, September 25, 2001 ^ Telecommunications Commission, September 25, 2001 ^ Environmental. Affairs Committee, October 2, 2001. ^ Park & Recreation Committee, October 3, 2001.. ^ Planning_Commission, October 4, 2001 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 1 S, 2001 PAGE 3 d. Resolution No. 01-173 approving. plans and specifications and setting a bid date for Well No. 16, Improvement Project 01-11. e. Resolution No. 01-174 amending Article VIII, Section 2, of the Fire ReliefBy-Laws. f. Resolution No. 01-175 accepting donation from Brian & Shamnee Denny to the Police Department Animal Control Program. g. Resolution No. 01-176 accepting donation from Robert and Shelley Erickson to the Police Department Animal Control Program. h. Resolution No. 01-177 vacating easements in Spring Hill. i. Resolution No. 01-178 authorizing CAP Agency to manage and administer the existing Meals on Wheels program. j. Agreement with Lakeville Sno-Trackers. Snowmobile Club for cross-country ski trail grooming at Ritter Farm Park for the 2001-2002 snow season. k. Resolution No. 01-179 accepting donation from Chem Central. for Safety Camp. I.- Resolution No. 01-180 approving Change Order No. 5 for the Lakeville Area .Arts Center. m. Music Service Agreement with Muzak for Lakeville Liquor Stores. 13. Resolu ion No. 01-187 vacating public easements a d Resolution No. 01-188 approving the finaLplat of Village Creek Second Addition,'subject to receipt of an easement. from the State of Minnesota for construction of the 207tH Street extension,. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 4 ITEM 8 Mayor Johnson opened the public hearing on the application of Twin .Cities Avanti Stores, LLC, for-an off-sale 3.2% malt liquor license at two Budget Mart stores, 20180 Dodd. Boulevard and 8333-210t" Street West. Chief Martens explained that due to several outstanding .issues with this-application, a full background investigation could notbe completed prior to the public hearing. Therefore, the Police Department is recommending the public hearing be continued to a Later date. 01.132 Motion was made by Luick, seconded by Mulvihill, to continue the public hearing and table consideration. of an off-sale 3.2% malt liquor license at two Budget Mart stores, 20180 Dodd.' Boulevard and 8333.-210t" Street West. Roll call was taken on the motion.. Ayes, Johnson, Mulvihill,. Rieb, Luick, Bellows. !: ITEM 9 Mr. Erickson provided a project overview and outlined. the request of The Avalon Real Estate Group for Timbercrest at Lakeville. .Final actions being requested for this project include a resolution approving a comprehensive plan amendment, ordinance rezoning property, resolution vacating easements, resolution approving the .preliminary and final plat and resolution authorizing the City Attorney to proceed with right- of-way acquisition for Phase 1 of County Road 60/I-35 interchange improvements. Mr. Dave Sellergren of Fredrickson & Byron outlined the series of events that led to .this evening's final consideration, by the City Council, including neighborhood meetings, public hearings in front of the City's advisory committees, and an environmental review process. He explained that this project has evolved with four fundamental and critical components. They include improvements to County Road 60 several environmentally sensitive management techniques, protection of the open areas, and utilization of the planned unit development control mechanism. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 5 • C7 Joan Ahrens, Regional Real Estate Manager for Target Corporation, thanked the City Council and staff for ,its cooperation and support of this project. p J p 9 needs, ,while. incorporating smart growthprinciples. Dan Licht, Northwest Associated Consultants, presented the planning report for Timbercrest at Lakeville, which consists of 570,820 square feet of retail stores, restaurants, and offices, anchored by a 182,120 square foot SuperTarget store on Lot 1, Block 1. In order to make the zoning map consistent with the: City's Comprehensive Plan to allow for deve#opment, the first action involves rezoning of the property from Corporate. Campus District to Planned Unit Development District.. The northern portion of the property is excluded from the development proposal and remains zoned CC, Corporate Campus District. Ten outlots will be dedicated to the City as the phasing of the project moves forward. The open space comprises approximately 31% of the net land. area of the project. The main feature of the project is a wetland walk located. in the center, which a majority of the restaurants are oriented toward. The developer will maintain the wetland walk. Off-street parking for the proposed uses within the 'project is more than adequate. The developer will provide concrete sidewalks within .the development for pedestrian access to the public trails along Kenrick Avenue and Orchard Trail. A significant amount of landscaping along Orchard Trail and Kenrick Avenue is proposed within the first phase of development. From a land use planning perspective, Mr. Licht stated this ro'ect res onds to local and re Tonal market Bret Weiss of WSB & Associates addressed the environmental issues associated with this project. He explained that there are three components of low impact development, which will help reduce runoff volumes to .Lake Marion. They include infiltration basins, bio-retention facilities and infiltration trenches (see report from.. WSB & Associates dated. September 28, 2001, on fife in the City Clerk's office). • Dave Zech, Assistant County Engineer, explained the partnerships between- the City of Lakevi le and Dakota County. for frontage road and interchange improvements to .County Road 60 at I-35. The interchange improvements, including CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, .2.001 PAGE 6 LJ replacement of the bridge, are expected to be completed in 2004, along with the extension of County Road 60 as a four- lane divided roadway into Scott County. Tim Dvorak, representing SRf Consulting Group, addressed the transportation issues associated with this. project. Phase One involves the addition of south ramps on I-35 at County Road 60. As of last week,. Mn-DOT has eliminated the roundabout that was proposed to be located on the southeast off-ramp. The extension of County Road 60 will be scaled back at this time to end just to the west of the railroad, rather than .extending all the way to County Road 50. .City. Attorney Roger Knutson: presented the proposed development contract between the City of Lakeville and The Avalon Real Estate Group for Timbercrest at Lakeville. The contract includes all Planned Unit Development provisions. Thee: contract also includes all development. plans,_such as landscaping, elevation and sign. The development contract requires that public improvements required. by the deve oper be completed by October 15, 2002. The contract establishes a park dedication fee of approximately $130,000, security in the: amount of $2,193,0.00,.-:and cash in the amount of $371,000 for various items, all of which have been furnished by the developer. Mr. Knutson explained that because of the significant amount of money being invested in this project, all .documents. that the Council is being.. asked to approve would be placed in escrow at his office. When the US Army `Corps of Engineers issues a permit and the developer closes on the purchase- of the property, the City can record all of :the documents. Grading of the site, however, cane begin immediately. )im Walston and Tim. Nolan of Rider Bennett Egan & Arundel, presented for Council con ideration a .resolution authorizing the acquisition of easements and other. property associated with the in erchange improvements. The reso utionauthorizes commencement of condemnation if deemed necessary. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 7 Council Member Rieb asked how many free-standing slgns are proposed on the site. Mr. Licht stated there are two .entrance signs, one at Kenrick, which will be afree-standing sign, and a monument sign at Orchard Trail, which will be integrated into the retaining wall. There will be two free-standing signs along the Interstate, one for SuperTarget, and one on lot 2, block 1 for the second anchor tenant. Multiple tenant identification signs are proposed that would identify three or four tenants in an effort to reduce the number of free-standing signs within the. project. Council Member Rieb asked the City Engineer to .:outline the timing of the Phase One`Timbercrest development in relation to .the infrastructure improvements. Mr. Nelson explained that the proposed opening of`the SuperTarget store will coincide with completion of Phase 1 ofthe County Road 60/I-3S improvement project. 01.133 Motion was made by Rieb, seconded by Mulvihill" to receive the Planning Commission's Findings of Fact and Recommendation and approve the following for Timbercrest at Lakeville: ^ Resolution No. 01-180 approving a Comprehensive Plan Amendment re-guiding property from Office Park/Business Campus to Commercial; ^ Ordinance: No: 695 rezoning property from Corporate Campus District to Planned. Unit Development District; ^ Resolution No. 01-181 vacating public easements; ^ Resolution No. 01-182 approving the preliminary and final plat of Timbercrest at Lakeville; ^ Resolution No. 01-183 authorizing acquisition of certain real. property interests in connection with Improvement. Project 99-12 (1851h Street/I-35 Interchange); ^ Escrow Agreement :between the-City of Lakeville and Avalon- Timbercrest I, LLC Roll call was taken on the motion. Ayes, .Mulvihill, Rieb, Bellows, Johnson. Luick abstained. Mayor Johnson recessed the meeting at 8:50 p.m. and reconvened at 9:00 p.m. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 8 ITEM i0 • )m Connelly of Appro Development, Inc., representing JBT Real Estate, LLC, requested approval of the preliminary and final plat of Acorn Tappe First Addition. Ron Mullenbach presented the planning report for Acorn Tappe First Addition, which. includes one lot and two outlots on one block.. The subject property is located in the southeast corner of County Road 70 (215t" Street) and Highview .Avenue. It is zoned I-2, General Industriai District. In conjunction with the preliminary and final plat, Acorn Lumber/Tappe Construction is proposing to construct a 128,000 square foot multi-tenant office/manufacturing/warehouse facility.. The Acorn Tappe.:plat abuts County Road 70 and` Highview Avenue. Driveway .access is located at Heath Avenue. To .ensure that future development within Outlot B maintains full access to County Road 70, the developer has. agreed to an easement providing .access to the Acorn/Tappe driveway over Lot. 1. Outlot A will include a storm. .water retention pond that will be deeded to the City after the pond is constructed. Performance Office Papers and Acorn/Tappe have agreed to a shared fire access drive. The Planning Commission held a public hearing and unanimously recommended approval subject to 10 stipulations. Staff recommends approval. 01.134 Motion was made by Luick, seconded by Bellows to approve Resolution No. 01-185 approving the. preliminary and-final plat of Acorn Tappe. First Addition. Roll.. call was taken on the motion. Ayes, Rieb, Luiek, Bellows, Johnson, Mulvihilh ITEM-11 Vince Markell of Appro Development, Inc. requested Council approval of a building setback variance for- Performance Office Papers, 21565 Hamburg Avenue. Mr. Mullenbach expl fined that Performance Office Papers is proposing to construct a 57,000 square foot addition to the CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 9 r ~~ existing 60,000 square foot office/:manufacturing/warehouse .building.. The initial application consisted of a request for a conditional use permit to expand anon-conforming industrial building .and a variance to continue the existing non- conforming building setback along County Road 70. City staff researched the City's archives to determine how and when the Performance Office Papers building became -non-conforming. The building was constructed in 198.0, at which time City ordinance required a 40-foot setback, and it was expanded in .:.1989 with a 30-foot setback from County Road 70. There was no .evidence of review by the Planning Commission at that time. Staff felt that by granting a variance for the existing and proposed structures, the building becomes. conforming and the conditional use permit is not required.. Based on the new information provided, the Planning Commission. recommended approval of findings of fact and recommendation for a variance for the original 1980•.building and 1989 expansion and the proposed. 57,000 square foot expansion. Staff recommends .approval of the variance, along with a resolution approving a Wetland Exemption Certificate for the project. 01.135 Motion was made by Mulvihill, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve a building setback variance for Performance Office Papers, 21565 Hamburg Avenue, and Resolution. No. 01-i86 approving a Wetland Exemption Certificate:. RoII calf was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. ITEM 12 Richard Palmiter of Town &-Country Homes requested Council approval of the preliminary plat of Stonegate, located north of 205t" Street and east of I<enrick Avenue. Daryl Morey presented the planning reportfor Stonegate, .which proposes the development of 154 attached townhouse units on 26.84 acres. of land. The property, he exp wined, has two different zoning classifications. The easterly two-thirds of the property, adjacent to the single-family homes,. is zoned RM-i, medium density residential district. The westerly one- • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, .2001 PAGE 10 third of the property, adjacent,to Kenrick Avenue, is zoned RH- 1, multiple-family residential district. This zoning is consistent with the_1998 Comprehensive Plan update. Mr. Morey explained that berming sand landscaping will provide a buffer screen between the townhouse units and adjacent streets (205t" Street and Kenrick Avenue). Berming and landscaping is proposed on the east side of 0utlot B in order to ....provide a buffer screen in the 100-foot wide transition .area adjacent to .the single-family homes in Marion Village. The Planning Commission held a public hearing on the Stonegate preliminary plat and recommended approval subject to 22 stipulations listed in the planning report. The Planning Commission modified one stipulation and added another. Thee developer has submitted revised plans that incorporate the Planning Commission's recommendations.. Staff recommends approval. Council Member Rieb asked .what the Planning Commission • recommended with regard to stubbing the private drive into the future commercial property,. as discussed by the Planning Commission. Mr. Morey explained that staff recommended the developer of Town & Country Homes and this property owner maintain a private easement at his time to allow that connection in the future.: The Planning Commission agreed - with. staff's recommendation to allow the easement at this time. The driveway stub could be constructed in .the future, depending on the intensity of the specific use of the commercial property. Council Member Rieb stated she feels the homeowners of thee. adjacent parcels should be informed of the possible street. connection to the commercial property. Mr. Morey explained that the property would be controlled by a homeowners association, and the private drive stub would be .noted in the covenants for the association. Council Member Mulvihill suggested appropriate signage for the future drive.. .Council ,Member Rieb suggested the Planning Commission reconsider this issue before final plat consideration. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 11 Mr. Erickson suggested the City Attorney review this-matter prior to final plat approval, specifically with regard to having an_ easement within an association. Council Member Luick agreed that the Planning Commission and .City Attorney .should take a closer .look at the future of this private driveway so that it fits the ultimate development of the property to the. west. Mr. Knutson recommended adding Stipulation No. 23 to the preliminary plat as follows, "The Planning Commission sha11 re- evaluate the need for a shared private driveway from. Kensfield Trail to the adjacent commercial parcel to the wesf with its consideration of° the Stonegate final plat." Council Member Bellows asked how many children are expected to five in this development... Krista Flemming of Town & Country Homes stated this project is .being. compared with a similar project in Maple Grove, where 33% of the homes are owned. by single persons, and another 33% are owned by couples with no children. Ninety-six percent of the units are owner occupied.. Mr. Morey stated the Lakeville School_District, in its analysis of townhome developments, found that they have approxima ely one school age child for every eight units. 01.136,Motion was made by Rieb, seconded by Luick to approve the preliminary plat of Stonegate, subject to 23 stipulations. Rolf call was taken on the motion. Ayes, Bellows,. Johnson, Mulvihill, Rieb, Luick. ITEM 14 Mr. Erickson presented an Agreement fior Engineering Services .with Black & Veatch fora .public works facility project. He explained that the existing Public Works Department {street and park maintenance) occupies two b ildings in Airlake Industrial Park. Both have outgrown: their current facilities. Mr. Erickson stated the .City would consider the sale of both CITY OF LAKEVILLE COUNCIL. MEETING OCTOBER 15, 2001 PAGE 12 r~ LJ existing buildings and utilize those resources to purchase a much larger site .that is more centrally located in the city.: Dan McCarthy of Black & Veatch outlined the proposed scope of a feasibility study for a new public works facility that would meet the present and future needs of the City. The study would include a space utilization analysis, joint use opportunity analysis, site assessment and conceptual design. Major tasks within the study will include- visiting existing facilities in the metro area, a survey of existing. Lakeville facilities, interviews with staff, preparation of a space utilization .program, ana ysis of joint use opportunities and alternative sites, preparation of a conceptual design and a.: cost analysis. The facility study would begin immediately. Council Member Luick asked if the study would take destination points; (streets and parks). into consideration when..determining a site location. Mr. McCarthy stated destination points and drive times would be' considered. • Mr. Erickson stated the cost of the stud would not exceed Y $93,000. Funding is available in the City's 2001 Building .Fund Budget. 01:137 Motion was `made by Mulvihill, seconded by Luick to approve an Agreement for Engineering Services with Black & Veatch fore a public works maintenance facility study, subject to the City Attorney's review of the agreement. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows, ITEM 15 finance Director Dennis Feller presented the 2001 Debt Service Report, which will enable the City to effectively manage its existing and. pending debt. He explained that the 2001 Omnibus Tax Law dramatically affects financing of existing and proposed projects. The. re-imposition of levylimits and the loss of HACA compel growth cities such as Lakeville to`rely on the issuance of certificates. of indebtedness for equipment acquisition. In addition, the State assumption of the general CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 i PAGE 13 education property tax levy and the change in property classification. rates will dramatically reduce tax increment revenues. ` Mr. Feller explainedthat the City has eight general obligation improvement bond issues.,. of which four are callable. Due to the current low interest rate environment, the City Council is being asked to call -.four bond issues.. He explained that it has become cost effective to exercise the call, since. the interest expense on the .bonds exceeds the interest earnings on the cash balances in the bond funds. This will enable the City to reduce its debt, appropriate surplus debt service assets to thee. -Public Works Reserve Fund and reduce future tax levies. Mr. Feller stated the City Council is also being askedto issue .$1.,040,000 General Obligation Improvement Bond , $770,000 General Obligation Equipment Certificates of Indebtedness. and $1,OS0,000 General Obligation State-aid. Street Bonds. The general obligation bonds will provide financing for local • improvements, and the certificates of indebtedness will finance equipment acquisitions approved in the 2.001 budget. John Moir of Springsted, Inc. recommended issuance of three bond issues and calling of the high interest rate bonds, which would involve eliminating future interest expenses of approximately $480,000. The Citywou'Id also forego interest earnings on current cash balances of approximately $316,000. He pointed out that interest rates on some of the bonds being called are considerably higher (7%) than today's interest rates 01.138 Motion was made by-Luick, seconded by Bellows to receive the 2001 Debt Service Report and. approve the following: ^ Resolution No. 01-.189 authorizing issuance and sale of $1,040.,..000 General Obligation. Improvement Bonds;. ^ Resolution No. 01-190 authorizing issuance -and sale of $770,000 General Obligation Equipment Certificates. of Indebtedness; ^ Resolution No. 01-191 authorizing issuance and sale of $1,080,000 General Obligation State-aid Street Bonds; CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2001 PAGE 14 ^ Resolution No. 01-192 authorizing calf of certain outstanding General Obligation Improvement Bonds and authorizing transfer of surplus funds.. Roll call was taken on the motion. Ayes,-Mulvihill, Rieb, Luick, Bellows, Johnson. UNFINISHED BUSINESS None NEW :BUSINESS None ANNOUNCEMENTS: Next regular Council meeting, November 5,- 2001 Mayor Johnson adjourned the meeting at 10:20 p.m. Respectfully submitted, harfene Friedges, i y Clerk ~__ ~_ Robert D. )o on,'Mayor •