Loading...
HomeMy WebLinkAbout05-21-01 CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 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.rn. 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; Steve Michaud, Parks & Recreation Director; b. Feller, Finance Director; b. Martens, Chief of Police; R. Mullenbach, Associate Planner; D. Volk, Director of Operations & Maintenance; ]. Hennen, Assistant to City Administrator; D. Morey; Assistant Community Development :Director; C. friedges, City. Clerk. MINUTES The minutes of the May 7, 2001 City Council meeting and the April 30 and. May 14 Council work sessions were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None • ADMINISTRATOR: Mr. Erickson provided additional information for Agenda Item 8 (letter dated May 17, 2001 from Scott County Highway Engineer and letter from the Lakeville Area Chamber of Commerce dated May 21, 2001). ..CHIEF OF POLICE: Chief Martens presented the April Police Department. monthly report. Sergeant Dave Delmonico ,presented the Lakeville Police Department 2000-2001 Snowmobile Season Report. CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 2 PARKS & RECREATION DIRECTOR: Mr. Michaud presented the ..April Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS .Mayor Johnson. presented a plaque to Robert Nicholson in appreciation of his service to the City. of Lakeville as a member of the Environmental Affairs Committee (1.991-2001) and thee. Natural Resources. Committee (.1978-1.991). Mr. Erickson recognized Crystal Lake Golf Club for achieving. designation as a "Certified Audubon Cooperative Sanctuary" by the Audubon Cooperative Sanctuary System,. the educational division of Audubon. International. Crystal Lake Golf Club is the 11t" course in Minnesota and the 298t" course in the world to receive. the honor.. Mayor Johnson presented a proclamation to .Jeff Hultgren and Eric Sundet of Crystal Lake Golf Club. CITIZENS' COMMENTS Gar Tur enin 20670: Holt Avenue addressed the Cit Y p 9~ ~ Y Council regarding the proposed extension of 207th Street to the Wensmann development on the east side of_downtown Lakeville. He stated there is a considerable amount of pedestrian and bicycle traffic along 2071" Street, and he is concerned with the safety of children, as the street is narrow and, in many cases, there is no sidewalk. If the street is extended to the east, he stated, the situation will only become more dangerous. He asked the City Council o direct staff to study the possibility of developing a greenway along 2071h Street for pedestrians, ..Mayor Johnson indicated that Mr. Turpening's proposed plan would be forwarded to staff for review and consideration. BiII Lamb, 8510 West 207t" Street, stated he concurs with Mr. Turpening's comments regarding the proposed Wensmann development and suggested consideration of a bike rail along 207t" Street. CONSENT AGENDA CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 3 • Council members added Item 10 to the consenf agenda. 01.58 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. b. April Investment Report. c. Receive .minutes. of the following advisory committee .meetings: Environmental Affairs Committee,-May 1, 2001 Planning Commission, May 3, 2001 Park & Recreation Committee, May 3, 2001 Meals on Wheels Committee, March 13, 2.001 d. Ordinance No. 683 rezoning property in Homestead Creek East, Homestead Creek :East 2"d Addition and Homestead Creek East 3rd Addition from RS-2, Single-family Residential.District, to RS-3, Single-Family Residential District. e. Confirm election of Douglas Nelson, Fire Department District Chief. f. Resolution No. 01-72 approving`Lakeville Police Department Order No. 325 concerning motor vehicle forfeitures. g. Resolution No. 01-73 accepting donation from the Lakeville Jaycees to the Recreation. Scholarship Program. h. Resolution No. 01-74 accepting donation from the Knights of Columbus to the Park & Recreation Department's Youth Fishing Contest. i. Resolution No. 01-75 authorizing submittal of grant applications to the Minnesota Department of Natural Resources for cross-.country ski trail and. snowmobile trail programs. .CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 4 j. Resolution No. 01-76 authorizing ,submittal of a grant application to the Metropolitan Regional Arts Council for a Municipality Challenge Grant for the Lakeville Area Arts ," `Center. 10. Resolution No. 01-78 approving the final plat of Streefland Addition. • • Roll call was taken on the .motion.. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick ITEM 8 City Engineer Keith Nelson presented the proposed. City of Lakeville Capital Improvement P an (CIP) for the years 2001- 2005. He highlighted the projects :proposed in the five-year CIP, including changes that have transpired since the Council reviewed the_CIP at its. March 24, 2001 retreat. Projects highlighted in blue are proposed to be added, while those highlighted in red would be deleted (see Ca ital Improvement Plan 2001-2005 dated May 2001 on file in the City Clerk's office). All additional projects can be financed. within budget, without an increase in taxes. Mr. Nelson then provided a detailed overview of the proposed County Road 60 (185t" Street) and I-35 interchange improvements. He explained that Dakota County modified its Capital Improvement. Plan and recently agreed to the. reconstruction of the I-35 ramps and improvement of County Road 60 to a four-lane divided roadway from I-35 to County- Road 50 in 2002.. Mr. Nelson described the."button hook" design for the .interstate ramp as recommended by Dakota... County. This design. would eliminate a signaled intersection, which backs up traffic coming :from the west that currently makes a left turn onto the I-35 northbound entrance. ramp. The Federal Highway Department and Minnesota Department of Transportation reviewed the proposal and supported the "button hook" concept. Mr. Erickson explained that negotiations with Dakota County officials to achieve traffic safety on ~85t" Street at I-35 were very challenging. Dakota_County had indicated it would not CITY OF LAKEVILLE COUNCIL MEETING: MAY 21, .2001 PAGE 5 • pay for the bridge portion of the interchange project unless federal and/or state funding. is available, which: has been the County's policy. However, Dakota_County did commit to the realigned frontage. road and interchange ramps. If the County were to receive federal or State funding, it would apply those funds toward the interchange project. Meanwhile, the City of Lakeville would need to pay the County's share. of the bridge improvements thaw the Minnesota Department of Transportation would pay (55% of $5 million), which is estima ed to be $2,750,000. Mr. Erickson explained that the City Engineer received a letter from the Scott County Engineer- indicating Scott County's plan to modify its CIP and coordinate the-timing of the upgrade to CSAH 21 with the I-35 `interchange and CSAH 60 improvements. The letter also indicated that Scott County would be participating with Dakota County in applying for federal funds for the highway upgrade through the Metropolitan Council's Transportation Advisory Board review process. Mr. Erickson went on to state that the Avaio `Group, representing the Timbercrest. project, along with the property owner'Mr. Watschke, was asked to assist with funding of the County-Road 60 improvements, given the additional traffic that would be generated by the Timbercrest project. They have agreed to pay $800,000 toward the County Road 60 improvements. Mr. Erickson explained that the .County Road 64 improvement project and County Road 70 bridge improvements have been re-prioritized so that funding can be shifted. to the County Road 60 interchange improvements. Finance Director Dennis Feller stated an overwhelming majority of the proposed 2001-2005 capital improvement projects will be financed with non-tax revenue, such as connection charges,.. fees collected. with developments or State-aid construction funds. Funding sources include: ^ State Aid Bonds ^ Public Works.. Reserve Fund ^ Storm Sewer Trunk Fund ^ Water Trunk Fund ^ Sanitary Sewer Trunk Fund ^ Park .Development Fund CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 6 In summary, Mr. Feller stated the 2001-2005 Capital Improvement Plan provides a foundation for the construction of the City's infrastructure in such a manner that it enables development to occur in a fiscally responsible manner. Council .Member Rieb stated she is very satisfied with the proposed Capital Improvement Plan and commended City staff: for. restructuring the. projects so that priority items can be accomplished in a timely. manner without raising property taxes. Council Member Mulvihill stated she is pleased with the proposed timetable for the County Road 60 (185th Street)/I-35 interchange project. • • Council Member Bellows stated he feels it is evident that the more citizen input the City. has in working through the difficult issues, the better the results. He commended Mayor Johnson and city staff for the number of hours that were put into. :working through these issues.. Police Chief Martens stated, in his opinion, any improvement to the 185th Street interchange is a step in the right direction. Council 'Member Mulvihill complimented representativesof Avalon for their commitment to improving the safety of thin intersection prior to proceeding with the Tirnbercrest project. - .Council.. Member Luick expressed appreciation to Dakota County. and Scott County officials for their cooperation in timing and funding of the County Road 60 interchange project. Beth l<ohlnhofer Raskovich spoke on behalf of the Lakeville Area Chamber of Commerce in support of the. interchange section ofthe City's 2001 - 2005 Capital Improvement Plan. The Chamber apprecia es the City's efforts in negotiating wi h Dakota County and Scott County. to fund and accelerate completion of the County Road 60 interchange-and bridge. improvements. `The Chamber afso supports the reconstruction of the. County Road 70 interchange. CITY. OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 7 .01.:59. Motion was made by Mulvihill, seconded by Rieb to approve Resolution No. 01-77 adopting a Capital Improvement Program for 20.01-2005, and receive letters from the Scott County Highway Department dated May 17, 2001 and the Lakeville Area Chamber of Commerce dated May 21 2001. Roll call. was: taken.. on the motion. Ayes, 7ohnson, Mulvihill, Rieb, Luick, Bellows: Mayor Johnson recessed the Council meeting at 8:45 p.m. and reconvened at 8:55 p.m. - ITEM 9 Chris Moates, Dakota County Physical Development Planner, introduced Stephanie Eiler Transportation Planning Director. with Parsons, Brinckerhoff, Quade & Douglas,. Inc.,. the .consulting team for the Dan Patch Commuter .Rail Feasibility Study. Ms. Eiler provided an overview of the information that wili be presented at a series of public open houses for the state-funded Dan Patch .Commuter Raii Feasibility S udy. ,.She provided information related to corridor. stations., trip times and speeds, ridership forecast figures, cost estimates, environmental screening, residential and commercial. property -values near and between stations, noise and vibration. .:Council. Member Luick asked why statistics show slower- ridership at stations that are located closest to the central business districts. He stated- he would have assumed that ridership would be higher in these areas. Ms. Eiler explained that all cities have indicated that by the years 2010 to 202.0, they expect to have much better bus service, both internal circulation as well as regional connections. Improved local bus service would increase ridership., due to the fact that connections can be made' beyond the. commuter rail stations throughout. the corridor.. Council Member Luick asked if there is research published that would identify another rail system identical-to the_proposed Dan Patch line, which would provide a better insight with. respect. to property value impacts. CITY OF LAKEVILLE COUNCIL MEETING. MAY 21, 2001. PAGE 8 Ms. Ei1er stated they have done a con iderable amount of research and have not found a system identical to the Dan Patch line. She went on to state that research around the country from communities either operating or starting to plan a .commuter rail system .has found that property values went up; however, she pointed out the importance of access to the system. Council Member Bellows asked if any data has been taken to determine whether. residents favor or oppose a Dan Path Commuter Rail line. Ms. Eiler explained that a survey. has been suggested, although it is not part of the work that her team has been asked to do. It may be one of the recommendations to come out of the. study by either the Policy Committee or the I-35 Solutions Alliance. Council Member Bellows asked what the City Council's role would eventually be on this issue. Mr. Erickson explained that once the feasibility study is completed, the next step would involve a recommendation by the Policy Committee to the I-35 Solutions Alliance. Lakeville's representatives on the I-35 Solutions Alliance (Mr. Erickson, Council Member Luick and Karl Drotning) would seek input from the City Council prior to making a recommendation on fhe Dan Patch Commuter Rail Study. ITEM 11 Mr. Erickson presented an interim ordinance temporarily prohibiting approval of interim use permits for mining in Metropolitan Urban Service Area. (MUSH) Expansion Area B. He explained that staff analyzed the expansion areas on the MUSA map and identified physical features, existing and planned public infrastructure and existing and planned residential development within and abutting Expansion Area B. These include: CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 9 `J ^ Runoff issues related to DNR protected waterways and tributaries to the South Creek Trout :Stream ^ ISD 194 secondary facility site ^ Wild Meadows West plat ^ King Park Athletic Complex ^ Dakota County East-West Corridor Study ^ DNR Waterway ^ .Nordic Square PUD ^ Northeast Community. Park ^ Cornerstone and Lake Place plats City Attorney Roger Knutson explained that the interim. ordinance would allow the City of Lakeville time to complete its planning. studiesand adopt appropriate land use controls related to .gravel mining in .Expansion Area B. The moratorium would continue until adoption of official controls or May 20, 2002, whichever occurs first. Art Plante of Town & Country Homes, representing the developer of the Cornerstone plat, expressed support of the temporary moratorium and ultimate adoption of appropriate land use controls in this area. Ben Olson, who .owns property in northeast Lakeville, stated he also supports the temporary moratorium on mining within MUSA Expansion Area B. 01.60 Motion was made by Mulvihill,: seconded by Luicl< to adopt Ordinance No. 684 temporarily prohibiting approval of interim use permits for mining in MUSA Expansion Area'~B". Roll ca11 was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 12 Mike Gair, representing L.A. Donnay, Inc., requested Council approval of the preliminary plat of Lake Place, located south of ..170th Street, ~/~ mile east of Pilot Knob Road. Mr.' Morey provided an overview of the proposed Lake Place . preliminary plat, along with a conditional use permit to allow the construction of a local street with a 50-foot.. right-of-way CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 2001 PAGE 10 `J width and_a 28-foot street width. The preliminary plat is located on 39.5 acres and includes 190 attached townhomes, 14 twinhomes and six detached: single-family townhomes for a total of 210 dwelling units. As recommended by the Planning Commission at its May 3ra meeting, the. developer revised the preliminary plat plans to change the proposed Street B from a cul-de-sac street to a loop street west of Street C. The revised preliminary plat plans relocated the ghost platted, five-unit townhome building to align with the looped Street B, and the developer added a unit to this building to achieve a 6-unit row townhome. This townhome building is included in Phase 2 of the Lake Place preliminary. plat. The Lake Place development abuts 170t" Street, which is a major collector street in the City's. Transportation. Plan. Mr. Morey explained that the 2000 Comprehensive Park, Trail and .Open Space System Plan- identifies atrail/greenway corridor along the creek/wetland that runs along the west side of the plat. A 10-.foot wide bituminous trail. will be constructed along both sides of the greenway corridor. Staff recommends approval of the • preliminary plat and conditional use permit subject to 18 stipulations as recommended by the Planning Commission. Council Member Rieb asked about the .typical width of a local street. Mr. Morey stated typically the right-of-way would. be 60 feet, and the street width would be 28 feet. The City's ordinance does .allow for a reduction in the street width in environmentally sensitive areas. Given the fact that Street: B serves fewer units and is not the main access off of 170t" Street, it is a good candidate for reduced right-of-way. • Council Member Rieb".asked. if staff foresees any ,problem with snow removal because of the narrower street width. Mr. Morey stated. they do not. He explained that the homeowners association would need. to address snow removal and storage on all private. drives within the development. Council Member Beltows asked. Mr. Morey to clarify the relationship of the-moratorium in MUSA Expansion Area B with the single family zoning. immediately. to the east of this plat. Mr. Morey explained that the area. directly to the east i zoned single-family residential, even though it is located outside the current MUSA and is not available for development. CITY OF LAKEVILLE COUNCIL. MEETING MAY 21, 2001 _ PAGE 11 Mr. Gair emphasized the value of the City's zoning ordinance process, which-.brought this plat to where it is today. He thanked the City Council and staff for their efforts.. 01.61 Motion was made by Bellows, seconded by Rieb to receive the- Planning Commission's .Findings of Factand Recommendation and approve the preliminary plat of Lake Place and a conditional use. permit to al ow the construction of a local street with a SO-foot right-of-way width and a 280-foot street width for the proposed Street B, subject to 18 stipulations as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, ..Johnson, Mulvihil . ITEM` i3 Mr. Mu`Ilenbach .presented a resolution authorizing the sale of • Outlot B, Donnay's Valley Park 5t" Addition, to McLeod USA for construction of a 24-foot by 40=foot telecommunications facility. The proposed-purchase agreement calls for a purchase price of $2.00 per. square foot, less the cost. of modifications-to .the proposed building so that the building exterior (roof. and brick) coordinates with Fire Station No. 2. The City will retain a drainage and utility easement on the south boundary of the property to accommodate existing private utilities and an access easement for maintenance of the City's civil defense siren. According to City Attorney Jim Walston,. all title issues ..have been resolved, and the City is in a position to transfer title of the property to McLeod USA. The purchase price for the property is $85,.110. Mr. Dave Schiel, representing McLeod USA, was present to answer questions. Council Member Bellows asked about the possible future expansion of Dodd Boulevard and Flagstaff Avenue and whether additional right-of-way would be needed from this property. • CITY OF LAKEVILLE COUNCIL MEETING MAY 21, 200.1 PAGE 12 Mr. Mullenbach stated that according to the City's engineering department,.. there is currently sufficient right-of-way to .accommodate the future widening of both Dodd Boulevard and Flagstaff Avenue. 0..1.62 Motion was made by Rieb, seconded by Luick to approve. Resolution No. 01-79 authorizing transfer of certain real property (Outlot B, Donnay's Valley Park 5t" Addition) to McLeod USA Telecommunication Services, Inc. Roll call was taken on the motion. Ayes, .Luick, Bellows, Johnson,. Mulvihill, Rieb. • 01.63 Motion .was made by Rieb, seconded by Luick to authorize proceeds from the sale of Outlot B, Donnay's Valley Park 5t" Addition,. to be placed in the City's. Building-Fund.. .Roll call was taken on the motion. Ayes, Bellows, Johnson, Mu)vihiil, Rieb, Luick. ITEM 14 Mr. Knutson outlined proposed changes to .the City's sexually oriented .business .ordinance (see letter from Andrea .McDowell. Poehfer of Campbell,. l<nutson, dated May 15, 2001).. He explained that the revision of this ordinance is necessary in light of recent inconsistent federal district and appellate court decisions throughout the United States. that have. held unconstitutional other city ordinances similar to Lakeville's current'sexually oriented business licensing ordinance. He indicated that sexually oriented business licensing is the subject of constant litigation, and this ordinance will likely come forward for additional amendments in the future. An ordinance summary has been prepared, .which: can be used in lieu of publishing the entire ordinance. 01.64:. Motion was made. by .Luick, seconded by Mulvihill to adopt Ordinance No. 685 amending Title 3, Chapter 10 of the Lakeville- City Code defining and licensing sexually oriented businesses, utilizing the ordinance summary for publication. CITY OF LAKEVILLE COUNCIL .MEETING MAY 21, 2.001- PAGE 13 Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. UNFINISHED BUSINESS None NEW BUSINESS Council Member Mulvihill stated she recently attended a District 196 School Board meeting- regarding a student transportation policy. She explained that Lakeville students would have been required to walk. across County Road 46 to attend Valley Middle ..School in Apple Valley. As a result of many phone calls to the .school district by Lakeville City staff, the district recognized that it now meets the hazardous crossing guidelines, and students will be bussed to Valley Middle School, Council Member Luick provided information with respect to several committees he serves on, including the Black Dog Watershed Management Organization, Metropolitan Council . Transportation Advisory Board, and the I-35W Solutions Alliance. ANNOUNCEMENTS Next regular Council meeting, June 4, 2001 Mayor. Johnson adjourned the meeting at 10:30 p.m. Respectfully submitted, harlene Fri dges, ity Clerk ~%fi( Robert D. to son, Mayor