HomeMy WebLinkAbout06-18-01CITY OF LAKEVILLE COUNCIL MEETING
TUNE 18 2001
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; A. trussing,
Community & Economic Development Director; S. Michaud,
Parks & Recreation Director; D. Feller, Finance Director; D.
Martens, Chief of Police; D. Volk, Director of Operations &
Maintenance; D. Morey, Assistant Community Development
Director; J. Hennen Assistant to City Administrator; F.
Dempsey, Associate Planner; J. Hawkins, Deputy Clerk.
MINUTES
The minutes of the June 4, 2001 City Council meeting were
approved as presented.
STAFf ANNOUNCEMENTS
ATTORNEY: City Attorney Roger Knutson updated the Council
on new legislation that took effect on May 29t", which provides
that in matters regarding the adoption or amendment of a
zoning ordinance, a simple majority,. rather than a 2/3 vote, is
now required. The exception would be for .changing from
residential to commercial or industrial zoning.
ENGINEER: None
ADMINISTRATOR: City Administrator Bob Erickson requested
that Item # 11 be moved to the end of the agenda to
accommodate the developer who is attending a Council
meeting in another city.
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CITY OF LAKEVILLE COUNCIL MEETING
.JUNE 18, 2001
PAGE 2
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Mr. Erickson requested the Council consider a resolution under
Item #16, New Business, regarding a request for Dakota
County Commissioners to consider a new Dakota County park
unit in the northeast section of Lakeville. The resolution must
be received by July 1, 2001 to be considered .for the Dakota
County Capital Improvement Plan.
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the
May Parks & Recreation Department monthly report. Highlights
included Senior Safety Camp, conducted by the Police Dept..,
completion of the Bunker Hill playground installation, progress
on the Arts Center and trail projects,
CHIEF OF POLICE: Chief Martens presented the May Police
Department monthly report. Highlights included graduation of
550 DARE students, hosting of regional K-9 certifications and
receipt of three grants.
PRESENTATIONS/INTRODUCTIONS
Chief Martens introduced new Police Reserve Officers and
Mayor Johnson administered the oath of office. The eight new
Reserve Officers include: Terry Pretzloff, Frank Beissel, George
L. Beckman, David L. Wagner, Michael P. O'Keefe, Stacey.
Hansen, Paul James Mingus and Steven B. Grewenow.
Chief Martens introduced CPSO Roger Yost, and seasonal Park
Rangers Andy Bellows, Nels Engstrom and. Sara Leach.
2001 Pan-O-Prog president Rob Mittelsteadt and First Vice
President Chip Norkunas presented Pan-O-Prog. buttons
showing the Arts Center logo to the Council members and
highlighted some events for the 2001 celebration. Grand
Marshal of this year's parade will be Former Mayor Duane
Zaun.
City Administrator Bob Erickson re-presented a plaque
recognizing Dakota County's 2001 Achievement Award for.
Promoting the Health of the Public, with a strong focus on the
youth of the community, to Tim Bethke, Cheryl Lanigon, Sue
Martin and Elyce Roberts,, for the Lakeville Building
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 3
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CommUNITY Initiative. Bob Summerdorf was unable to attend.
Former Mayor Duane Zaun was previously involved with this
organization. Mayor Johnson commented that this is a great
example of the continued involvement of Lakeville citizens in
volunteer efforts for the betterment of the community.
CITIZENS' COMMENTS None
CONSENT AGENDA
Council Member Luick noted his abstention from Item 7m.
City Administrator Erickson asked Council to consider removing
Item 7m from the consent agenda in order to set a special
meeting to consider the TimberCrest at Lakeville Environmental
Assessment Worksheet and to .determine the need for an
Environment Impact Statement.
Council .Members added Items #8, #10, #12 and #14 to the
consent. agenda.
George Neugent, was present representing All Saints Church.
Jim Hayes, representing Hosanna! Lutheran Church explained
the request for an extension of the preliminary and final plat
and conditional use permit amendment until November.
Hosanna Second Addition will include 85 additional parking
stalls and additional access to 165th Street in response to a
current parking shortage.
01.71 Motion was made by Mulvihill, seconded by Rieb to approve the
consent agenda items as follows:
a. Claims for payment.
b. May Investment Report.
c. Receive minutes of the following advisory committee
meetings:
Planning Commission, June 7, .2001
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
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Park & Recreation Committee, June 6, 2001
Environmental Affairs Committee, June 5, 2001.
d. Resolution No. 01-87 authorizing the disposition of
vehicles.
e. Resolution No. 01-88 approving the issuance of a Tax
Increment Revenue Note and Execution of a related Tax
Increment Pledge Agreement for Heritage Commons.
f. Tree Service Operator license for Ciardelli Tree &
Landscaping.
g. Tree Service Operator license for Sherwood Tree Service.
h. Gambling permif for All Saints Church to hold a bingo and
raffle on September 22-23, 2001.
i. Resolutions No. 01-89, 90, 91 and 92 accepting donations
to the Police Department Bike Safety Program from
Modern Woodsmen of America, State Farm Insurance, VFW
Auxiliary Post 210, and Sieben, Grose, VonHoltum &
Carey, Ltd .
j. Resolution No. 01-93 accepting donation from Terry
Kendall to the Senior Safety Camp.
k. Resolution No. 01-94 designating employee dental
insurance.
I. Resolution No. 01-95 authorizing the use of certain parks.
for the 2001 Panorama of Progress City Celebration, and
authorize an extension of park hours at Antlers Park to
accommodate the annual Pan-O-frog teen- dance.
m. (Removed. from consent agenda.)
n. Resolution No. 01-96 ordering abatement of hazardous
building at 7919 Grinnell Court West.
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 5
8. Approve conditional use permit: to allow fill within the
floodplain overlay district of Lake Marion at 10152 Upper
196t" Way.
10. Receive Planning Commission's Findings of Fact and
Recommendation and approve. a conditional use permit
amendment for All Saints Catholic church, 19795 Holyoke
Avenue, to allow the modification to a portion of the
approved exterior building materials for the education
facility expansion.
12. Approve extension of the Hosanna Second Addition
preliminary and final plat and conditional use permit
amendment until November 15, 2001.
14. Approve request of Downtown Lakeville Business
Association to host live entertainment at Pioneer Plaza on
Holyoke Avenue on June 27, 2001.
Roll call was taken on the motion. Ayes, Johnson, Mulvihill,
Rieb, Luick, Bellows.
ITEM 9
Mike Burton, Project Manager for Lundgren Brothers, a division
of US Homes, and John Scalzo, designer, provided an overview
of The Greenway project.. The Greenway preliminary plat
consists of 174 single-family home sites on 116 acres of land.
The plat is located east of Kenwood Trail, west of Ipava Avenue
and north of 192"d Street.. The developer will be required to
construct a trailway which. will follow the existing greenway
within the plat. In addition to the woodland and wetland
preservation, Lundgren .Brothers will also construct. a private
playground area on Outlot E. Other outlots are designated for
a future City well site and a monument for the subdivision.
Associate Planner Frank Dempsey presented staff review and
recommendations by various committees and agencies. All
committees recommended approval. Two neighborhood
meetings were held on May 31, 2.001 and June 5, 2001.
Neighbors attended to discuss proposed upgrade of 192"d
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 6
Street with curb and gutter, sanitary sewer and water, and
trails.. The Planning Commission held a public. hearing on The
Greenway plat at their June 7, 2001 meeting. There was no
public comment. The DNR, DCSWCD and ISD #194 also
received copies of the plat for comment. Following the
neighborhood meeting and Planning Commission meeting, the
developer submitted revised preliminary plat plans that
accommodated the upgrade of 192"a Street to an urban section
design. Staff is recommending approval of the preliminary plat
subject to the stipulations of the Planning Commission and the
additional stipulation as outlined in Mr. Dempsey's planning
report dated June 1, 2001.
Mayor Johnson asked if the neighbors' concerns have been
addressed and resolved. Mr. Dempsey stated that they had,
and as a result of citizen concern a 29-foot drainage .and utility
easement will also be required to accommodate the expansion
of 192"d Street. Mayor Johnson welcomed Lundgren Brothers
to the community.
• 01.72 Motion was .made by Luick, seconded Mulvihill., to receive the
Planning Commission's recommendations and approve the
preliminary plat of The Greenway subject to the 14
stipulations as recommended by the Planning Commission and
one additional stipulation recommended by City staff.
Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick,
Bellows, Johnson.
ITEM 11
Jim Stanton, representing Shamrock bevelopment, .requested
approval of the preliminary and final plat of Marion. Fields Fifth
Addition, which consists of 18 single-family lots on land located
south of 202"d Street and east of Ipava Avenue. These 18 lots
were previously removed from Marion Fields Fourth Addition
preliminary plat at the request of the Planning Commission so
the developer could address access issues of four existing
.single family homes that currently front 202" d Street. One of
these homes has been incorporated into this plat. The
developer has revised the street design of Indio Path to allow
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 7
three of the four existing .homes to re-orient their .garages to
access their homes to Indio Path.. rather than the major
collector 202nd Street. Mr. Stanton stated that the neighbors
concerns have been addressed.
Daryl Morey stated that a neighborhood meeting was held on
April 23~d with three. of the four homeowners attending. The
Planning Commission held a public hearing at their May 17,
2001 meeting. At that meeting, one of the homeowners'
requested that they not be assessed for the future upgrade of
202nd Street to an urban section. The proposed Development.
Agreement will include wording to honor that request. Mr.
Morey stated that the developer has submitted the necessary.
items including the signed development contract, a Fetter of
credit, a signed warranty deed and required cash payments for
park dedication and other costs. The plat addresses a
nonconforming setback on the Schmitt property with a slight
shift to the west of Ipava Avenue right-of-way as platted with
Marion Fields Fourth Addition.. Additional landscaping has also
been incorporated into the plat as recommended by Planning
• Commission.
The developer has submitted a signed development agreement,
a letter of credit and a deed to convey outlots D and E to the
City of Lakeville. Staff is recommending City Council adopt a
resolution approving Marion Fields Fifth Addition preliminary
and final plat subject to the five stipulations in the June 1,
2001 Planning Report..
Mayor Johnson asked if the revised loop street design would
meet all standards. Mr.-Morey said that it would.
City Administrator Robert Erickson noted the amount of time
expended by staff and neighbors of the plat to resolve several
challenging situations. Mr. Erickson also commended Mr.
Stanton for his sensitivity to the existing homeowners and his
commitment to the community in resolving issues and getting
the trails re-established while. dealing with the wet weather
conditions this spring.
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 8
Mayor Johnson added that the outcome is a win/win situation
for everyone involved.
-01.73 Motion was made by .Rieb, seconded by Luick, to adopt
Resolution No. 00-97 approving the Marion Fields Fifth Addition
..preliminary and final plat subject to the five stipulations as
outlined in Mr. Morey's planning report dated June 1, 2001.
Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows,
Johnson, Mulvihill.
ITEM 13
Assistant to City Administrator John. Hennen presented a
proposed ordinance amendment to Title 3, Chapter 8 of the
Lakeville City Code concerning collection of mixed municipal
solid waste and recyclable material. The ordinance currently
..limits the number of licensed haulers in the city. to no more
than six. At the February 20, 2001 City Council meeting and at
the February 26, 2001 Council Work Session Mr. Anders Stone
. of Metro Disposal, Inc. expressed his desire to obtain a license
to collect mixed municipal solid waste and recyclable. material
in the City. The purpose of his request was so his company
could continue to service an existing customer, McDonalds,
which has two establishments in Lakeville, along with providing
service to other commercial accounts. At Council's request a
proposed ordinance amendment was presented to the
Environmental Affairs Committee and Waste Haulers
Subcommittee for review.
The ordinance amendment provides for two classes of licenses.
A Class "A" license holder would be allowed to collect from all
locations; residential or commercial/ multiple family
(apartment) accounts. No more than six Class A licenses
would be in force at any time. A Class "B".license holder would
be allowed to collect only from commercial establishments and
multiple family (apartment) dwelling units.
The Environmental Affairs Committee recommended approval
ofthe ordinance amendment at their June 5, 2001 meeting,
subject to limiting the number of Class B licenses to no more
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 9
than three at any one time. Following the meeting. the City
Attorney. recommended an additional provision requiring
certain essential equipment to be owned or leased. by the
licensee.
Staff has retained a list of haulers requesting a license to
collect waste material in the City. Staff is recommending
approval of the ordinance amendment and would further
recommend that the haulers on the list be offered the
opportunity to apply for the Class. B licenses in the order listed,
provided they meet all licensing requirements.
Staff is recommending approval of the ordinance amending
Title 3, Chapter 8 of the Lakeville City Code.
Council Member Bellows asked what might have precipitated
the sudden large number of applicants for licenses. Mr.
Hennen stated that the growing community is most likely
attractive to businesses. Council Member Bellows stated that
Mr. Stone had made the comment that "Lakeville is a good
. place to live and a good place to do business" and asked if
preference could be given for Lakeville residents or Lakeville
businesses to be offered the opportunity to apply fora license.
City Attorney Roger Knutson stated that he would prefer to
evaluate the potential issues before giving advice on the
legality of providing preference to Lakeville businesses.
City Administrator Robert Erickson stated that the inclusion of
the equipment requirement might automatically render one of
.the proposed applicants ineligible. The possibility of holding a
License lottery was also suggested..If Council members feel
strongly that Lakeville businesses should be given the first
opportunity, it might be appropriate to table the item and .give
the City Attorney an opportunity to conduct research. Mr.
Erickson stated that the EAC had also addressed the same
issue and left .the matter to the City Council.
Mayor Johnson asked how much time the applicants would
have to show proof that they have the equipment required by
the proposed ordinance. City Administrator Erickson
anticipated that it would not be more than 30 days.. He also
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 10
stated that one of the current license holders who had testified
at the EAC meeting felt the process for issuing licenses is fair
and equitable.
Council Member Mulvihill stated that she would be in favor of
offering the opportunity for a license to the businesses on the
list in chronological order instead using a preferential or lottery
system, especially given the fact that several businesses have
waited patiently on the list for their turn to apply for a license.
This would be consistent with past practice.
Mayor Johnson stated that limiting the licenses to .Lakeville
businesses might result in other communities adopting the
same policy, potentially excluding Lakeville businesses from
doing business in their communities.
01.74 Motion was made by Mulvihill, seconded by Rieb, to accept the
recommendation of the Environmental Affairs Committee. and
Waste Haulers Subcommittee and approve Ordinance No. 686
amending Title 3, Chapter 8 of the Lakeville City Code
• concerning mixed municipal solid waste and recyclable
collectors.
Roll call was taken on the motion. Ayes, Luick, Bellows,
Johnson, Mulvihill, Rieb.
ITEM 7m.
Item 7m, .Receive the Environmental Assessment Worksheet
for TimberCrest of Lakeville and authorize .distribution, was
previously removed from the consent agenda. City Attorney
Roger Knutson stated that City Council is not being asked to
draw any conclusion at this time. With Council's approval
copies of the EAW will be distributed to the Environmental
Quality Board and other federal, state and local agencies for
review. Following a 30-day comment period, beginning with
the date of publication in the Environmental Quality Monitor,
the City Council will hold a special meeting to determine if an
Environmental Impact Statement (EIS) is needed.
CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 11
Council Member Luick stated that he would abstain from voting
on this matter due to the appearance of conflict of interest.
City Administrator Robert Erickson stated that this is a City. of
Lakeville document and acknowledged quality work done by
consultants/staff and looks forward to review by the various
agencies, including the City's Environmental Affairs Committee.
City Council is being asked to approve the distribution of the
document and to set a special meeting following the 30-day
review period, which will be July 26, 2001. A special meeting
date of Monday, July 30, 2001 is suggested..
01.75 Motion was made by Rieb, seconded by Mulvihill, to approve
the distribution of the Environment Assessment Worksheet for
TimberCrest of Lakeville to various agencies.
Roll call was taken on the motion. Ayes, Mulvihill, Rieb,
Bellows, Johnson. Abstain: Luick
• 01.76 Motion was made by Mulvihill, seconded by Bellows, to set a
Special City Council meeting for Monday, July 30, 2001 at 7:00
PM to receive public comments regarding the Environment
Assessment Worksheet for TimberCrest of Lakeville and to
determine the need for an Environmental Impact Statement.
Roll call was taken on the motion. Ayes, Johnson, Mulvihill,
Rieb, Bellows, Luick.
City Administrator Robert Erickson stated that Target had
provided samples of the proposed exterior of the building,
which were also being reviewed by Tushie .Montgomery. The
City Council will have the opportunity to review the samples
when they are returned. This is the first all-brick Target in the
country. Mr. Erickson also informed City Council that staff was
informed by the Met Council that they have received all the
necessary information to proceed with the Comprehensive Plan
Amendment and will place the item on an upcoming
Metropolitan Council agenda for consideration
ITEM 15 -Unfinished Business. None
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CITY OF LAKEVILLE COUNCIL MEETING
JUNE 18, 2001
PAGE 12
ITEM 16
Under New Business, Parks and Recreation Director Steve
Michaud presented a resolution for City Council consideration.
regarding a request of .Dakota County for acquisition and
development of a new Dakota County park unit in the
northeast section of Lakeville. Anew park unit would help to
service the western/southern portion of Dakota County with
rapidly growing population and park users. City Council had
previously discussed this item at their most recent Work
Session of June 11, 2001 and directed staff to prepare this
resolution. The Parks and Recreation Advisory Committee has
also reviewed this resolution and recommended approval.
01.77 Motion was made by Mulvihill, seconded by Bellows, to approve
Resolution No. 00-98 requesting the Dakota County Board of
Commissioners to consider acquisition and development of a
new Dakota County Park Unit in the northeast section of
Lakeville.
Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows,
Johnson, Mulvihill.
ANNOUNCEMENTS
Next regular Council meeting, July 2, 2001.
Mayor Johnson adjourned the Council meeting. at 8:50 PM.
Respectfully submitted,
Ju ith R. Hawkins, Deputy Clerk
/~
Robert D. Jo son, Mayor