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HomeMy WebLinkAbout12-18-00~ L CITY OF LAKEVILLE COUNCIL MEETING DECEAIIBER 18, 2000 Mayor Zaun called the meeting to order at 7D0 p.m. The pledge of allegiance to the flag was given. Roll callwas taken. Present; Council Members Bellows,. Sindt, Mulvihill, Luick .arid Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; A. Grussing, Community 8v Economic Development Director; Steve Michaud, Parks 8v Recreation Director; Dennis Feller, Finance Director; D. Martens, Chief of Police; D. Volk, Director of Operations Bs-Maintenance; D. Morey, Planner;. J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES .The minutes of the December 4, 2000 City Council meeting were ~, approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided additional information for agenda items. 7f, 9 and 14. He .also .provided. copies of a letter received this .evening from Larkin, Hoffman, .Daly 8v Lindgren, representing Airlake Development, Inc., regarding an"increase in the City's park dedication fee as recommended in Agenda Item 9. CHIEF OF POLICE: Chief Martens presented the November Police Department monthly. report. PARKS 8s RECREATION DIRECTOR: Mr. Michaud presented the November Parks & Recreation Department.. monthly report. PRESENTATIONS /INTRODUCTIONS Mayor Zaun presented a plaque to Lou: Besser in recognition of .his years of service to people with disabilities as Chief Executive CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 2 Officer for Owobopte, Inc. Mr. Besser has also served .the communityas a Pan-O-Prog board member, and he servedon the ISD 194 school board. Special Recognition for Mayor Zaun and Council Member Sindt Mr. Erickson presented a plaque on behalf of the City of Lakeville to Council Member Betty Sindt, recognizing her 20 years of service on the Lakeville City Council. (1980 - 2000). Representatives of ALF Ambulance, Steve Strachan, Virginia Sterling and Kevin Raun, presented a plaque to Council Member Sindt in appreciation of her dedicated. service on the ALF Ambulance Board.. Mr. Erickson then presented. a plaque to Mayor Duane. Zaun, recognizing his 25 years of service to the City. of Lakeville as Mayor (1983 - 2000) and Council Member (1975 - 1982). Mayor Zaun also served on the Planning Commission for two years. Council Member Mulvihill read a letter to Mayor Zaun from Ed Mako, who is a former Lakeville City Council Member and Mayor. Mr. Erickson read a letter o Mayor. Zaun and .Council. Member Sindt from Dakota County Commissioner,.Paul Krause... Council Member Mulvihill unveiled a watercolor painting that includes portraits of Mayor Zaun and Council Member Sindt, along with various community. scenes. Mayor Zaun recessed the Council meeting 8:15 p.m. and reconvened at 8:23 p.m. CITIZENS' COMMENTS None CONSENT AGENDA _00.212 Motion was made by Luick, seconded by Mulvihill to approve the. consent agenda items as follows: a: Claims for payment. b. November Investment Report. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 3 c. Receive minutes of the following advisory committee meetings: Planning Commission, December 7, 2000 Environmental Affairs Committee, December 5, 2000 Lakeville Area Arts Center Board, December 7, 2000 d. Resolution No. 00-303 adopting the 2001 Schedule of Fees. e. Resolution No. 00-304 setting water, sanitary sewer and streetlight rates and surface water management fee. f. Resolution `No. 00-.305 amending the 2000 General Fund Budget. g. Resolution No. 00-306 amending the 2000 Drug Enforcement Fund Budget. h. Resolution No. 00-307 amending the 2000 Economic Development Revolving Loan Fund Budget... i. Resolution No. 00-308 amending the- 2000 Employee Benefit Fund Budget. j. Agreement for puppeteering services with. Schiffelly Puppets. k. Resolution No. 00-309 adopting the position classification and pay plan for exempt. and non-exempt positions and setting-forth the policy. for administration of the_pay plan.. 1. Stipulation of Facts and Civil Penalties resulting from mandated liquor compliance checks. m. Cleaning. contract addendum. with Marsden Building .Maintenance. n. C eaning contract addendum. with Tower Cleaning Systems. o. Renew animal services contract with Dakota Pet Hospital. p. Final acceptance of street improvements in Airlake Development Fourth Addition. CITY OF LAKEVILLE COUNCIL MEETING ..DECEMBER 18, 2000 PAGE 4 • q. Final acceptance of utility and street improvements in ..Anderson Century Farm Addition .and Anderson Century Farm Second Addition. r. Resolution No. 00-3.10 awarding contract for bid package No. 3 (concrete) .for the Lakeville Area Arts Center, Improvement Project 00-19. s. Resolution No. 00-311 accepting donation of $150.00 from Panorama of Progress for implementation of the 2000 Youth Play Day. Resolution No. 00-312 accepting donation of $100..00 from Lakeville Knights of Columbus for the Youth Fishing Tournament. u. City .Administrator's Employment Agreement. 10. Resolution No. 00-3 T4 vacating a portion of the Kenrick Avenue right-of--way located south of 205 Street, north of 210 Street and east of Interstate 35. Roll call was taken on the motion. Ayes, Bellows, Zaun, Sndt, Mulvihill, Luick. ITEM 8 Mayor Zaun opened the public hearing on renewal of on-sale liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses. Investigator Bi11 Forbord presented his report and recommendation on the renewal of liquor licenses for 2001. He indicated that during compliance checks conducted earlier this year, two license holders were issued citations for serving minors. The fines have been paid, and the Lakeville Police Department will continue to work proactively with all license holders in the education and compliance. area. Council Member Luick asked how an establishment's license would be affected if it had multiple citations for serving minors:. Mr. Forbord explained that with. each recurring citation, the fines escalate and, ultimately, the City Council has the authority to • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 5 suspend the license. However, he stated, the two license establishments have taken this offense very .seriously, and it is unlikely that they would fail another compliance check. 00.213. Motion was. made by Sindt, seconded by Luick to close the public hearing on the renewal of liquorlicenses. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Bellows. 00.214 Motion was made by Luick, seconded by Mulvihill to grant the following licenses effective. January 1, 2001: On-Sale Liquor/ Sunday .Liquor Babe's Sportsbar 8v -Grill Chart House Restaurant Harry's Cafe Lakeville Family Bowl Ole Piper On-Sale Special Club Liauor / Sunday Liauor Brackett's Crossing Country Club Lakeville VFW. On-Sale Wine 8v Beer/Sunday Wine 8~ Beer Golf Enterprises, Inc. Tak Shing Chinese Restaurant Perkins Restaurant On-Sale 3.2 Malt Liquor Pizza Hut Off-Sale 3.2 Malt Liquor Holiday Station Store Kwik Trip-Dodd. Boulevard Kwik Trip-Glacier Way Kwik Trip-Kenrick Avenue SuperAmerica-Cedar Avenue SuperAmerica-Glade Avenue SuperAmerica-Kenrick Avenue Roll call was taken on the motion. Ayes, Sindt, Mulvihill, .Luick, Bellows, Zaun. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 6 ITEM 9 Mr. Michaud presented a resolution amending the 2000 Comprehensive Park, Trail and Open Space System Plan, incorporating the 1999 Corridor and Gateway Design Study Plan. He explained that following completion of the Corridor 8v Gateway Design Study Plan earlier this year, the Economic Development Commission was looking for various funding sources to implement aspects of the Plan. Because much of the Plan involves major transportation corridors, including parkways, it was suggested the Corridor Gateway Plan become an integral part of the Parks-and Open Space System Plan. It was further suggested that increasing commercial and industrial park dedication fees could serve as a funding source toward implementing portions of the Corridor and Gateway Plan. Mr. Michaud also presented an ordinance amending Title 10 of the Lakeville City Code establishing.commercial/industrial park dedication fees. He explained that the Park & Recreation Committee directed staff to survey other cities of similar size to compare commercial/industrial park dedication fees. A subcommittee of the Economic Development Commission and the Parks 8v Recreation Committee was formed to review the survey results and make a recommendation. The subcommittee recommended a commercial park dedication fee of $4,800 per acre and an industrial park dedication fee of $3,500 per acre. Arlyn trussing, Community 8s Economic Development Director, explained that the Economic Development Commission reviewed the subcommittee's recommendation. Upon further review and taking various factors into consideration, including the survey of park dedication fees charged in neighboring communities, the EDC recommended the City Council increase the park dedication fees to $5,400 per acre for commercial property and $3,200 per acre for industrial property. Bob Vogel, Chairman of the Economic Development Commission,. explained that the EDC had considerable discussion on the proposals and recognized the need to increase the fees, while remaining competitive in attracting new businesses. It was a compromise and, as the figures indicate, there was rationale behind that compromise. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 7 Jeff Larson, Park & Recreation Committee Chairman, expressed the Park 8v Recreation Committee's support and appreciation to the Economic Development Commission for its cooperative efforts in this process. 00.215 Motion was made by Sindt, seconded by Mulvihill to receive the letter from Larkin, Hoffman, Daly 8s Lindgren, Ltd., representing Airlake Development, Inc., dated December 18, 2000. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Bellows, Zaun, Sindt. Mayor Zaun asked the City Attorney if the City .Council could proceed with this matter, given the fact that Airlake Development is opposing the park dedication fee increase. Mr. Knutson addressed the concerns raised in the letter from Larkin, Hoffman, Daly 8s Lindgren by specifically referencing Title 10-4-8-H of the Lakeville City Code, which states, "The dedication requirements are presumptively appropriate. A subdivider may request a deviation from the presumptive requirements based upon the anticipated impact of that particular subdivision." Mr. Erickson pointed out the significance of amending the Park 8s Open Space System Plan to include the Corridor and Gateway Design Study to insure that the gateway corridor improvements occur. A significant portion of the proposed gateway and corridor improvements is located in the Airlake Industrial Park complex. 00.216 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 00-313 amending the Lakeville, Minnesota 2000 Comprehensive Park, Trail and Open Space System Plan; and adopt Ordinance No. 681 amending Title 10 of the Lakeville City Code, the subdivision ordinance. Roll call was taken on the motion. Ayes, Luick, Bellows, Zaun, Sindt, Mulvihill. ITEM 11 Dick Schuller, representing Keyland Homes (MESA III), requested Council approval of the preliminary and final plat of Golden Pond Villas, including the vacation of drainage and utility easements. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 8 CJ Mr. Dempsey explained the history of the Golden Pond subdivision, which was approved by the City Council. in 1994 and included 108 lots. A portion of the property was later rezoned to PUD after it was determined that groundwater conditions beneath the subject properties would accommodate only slab-on- grade (no basement) structures. Keyland Homes is proposing to preliminary and final plat Lots 1-11, Block 6, Golden Pond First Addition, in order to create a CIC (Common Interest Community) plat. This will allow a separate homeowners association from the existing twin home buildings. Consistent with City policy, all underlying drainage and utility easements must be vacated when a property is re-platted. The easements that will be platted with the Golden Pond Villas final plat are identical to the underlying easements currently in place. 00.217 Motion was made by Bellows, seconded by Luick to approve Resolution No. 00-315 approving the preliminary and final plat of Golden Pond Villas; and Resolution No. 00-316 vacating public drainage and utility easements in Golden Pond First Addition. Roll call was taken on the motion. Ayes, Bellows, Zaun, Sindt, Mulvihill, Luick. ITEM 12 Jason Hall, representing American Tower Corporation and AT&T Wireless Services, requested Council approval of an amendment to Conditional Use Permit No. 97-14 to allow an extension of an existing personal wireless service antenna at 16850 Kenrick Avenue. Mr. Dempsey presented the conditional use permit amendment, which would allow another cellular service provider to co-locate its communications equipment on the existing site and on the proposed extended pole. The proposed 25-foot extension would create a total tower and antenna height of 100 feet. 00.218 Motion was made by Luick, seconded by Bellows to receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Planned Unit Development / Conditional Use Permit No. 97-14 to allow an extension of an existing personal wireless service antenna located at 16850 Kenrick Avenue. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 9 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Bellows. ITEM 13 Mike Kuelbs, General Manager for Twin Cities Harley Davidson, requested Council approval of the preliminary and final plat of Harley Davidson Addition, located at 10770 - 165 Street West. Mr. Dempsey presented the request of Twin Cities Harley Davidson, which includes a preliminary and final plat, conditional use permit to allow the construction of a new loading dock, a minor variance for building setback, a resolution vacating public drainage and utility easements, and a sign encroachment agreement for the existing free-standing pylon sign. He explained that Twin Cities Harley Davidson is proposing to construct a 15,940 square foot addition onto its 23,296 square foot building.. The addition would be used primarily as additional service and storage area. An additional 56 parking spaces will help to alleviate a shortage of off-street parking that occurs during weekend sales promotion events. The proposed building addition requires the two existing parcels to be platted into one single parcel to eliminate the property line between the two parcels that now divides a portion of the building. The preliminary and final plat requires the dedication of 10 additional feet of Kenrick Avenue right-of-way to conform to the Comprehensive Transportation Plan. The dedication of the additional road right- of-way will reduce the building setback from the required 30 feet to 20 feet at the southwest corner of the building. Since the non- conforming setback is created by a government action, the variance is considered a minor variance. Mr. Dempsey explained that the developer has included additional landscape screening in response to comments from neighboring residents at the Planning Commission public hearing. The additional trees will increase screening of the building/loading dock and parking lot from the residential properties located approximately 300 feet to the east. Bruce Jensen, a nearby resident, asked that consideration be given to planting some additional evergreen trees that would extend east of the building along the south side of the parking CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 10 • lot. He pointed out. that evergreen trees would provide screening from his residence year round. Council Member Sindt asked if the additional trees as requested by Mr. Jensen would affect site visibility for traffic along 165 Street. Mr. Dempsey stated there is room for a couple more trees without affecting site visibility. Council Member Bellows stated he attended the Planning Commission meeting and feels that the representatives of Harley Davidson should be commended for their willingness to work with the neighbors. Mr. Kuelbs stated he would be willing to plant a couple more trees but would not want to affect the site lines along 165 Street. Mayor Zaun stated Harley Davidson has demonstrated a great deal of willingness to cooperate, going beyond what normally might be expected. Mr. Erickson and Mr. Dempsey pointed out that Mr. Jensen's deck is approximately 10 feet higher in elevation than the Harley Davidson parking lot. The trees, therefore, would need to be 20 feet tall in order to provide an effective screening of the parking lot from Mr. Jensen's property. Mr. Erickson recommended relocating two or three of the proposed ash trees to provide screening from May to November, which is Harley Davidson's busiest time of year. Council Member Luick suggested moving the trees to the west side of the driveway. 00.219 Motion was made by Luick, seconded by Mulvihill to approve the following, subject to an amendment to the landscape -plan as stated above: • Resolution No. 00-317 approving the preliminary and final plat of Harley Davidson Addition; • Conditional use permit to allow the construction of a new loading dock facing public right-of--way on 165 Street (receive Planning Commission's Findings of Fact 8s Recommendation); CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 11 :• Minor variance for building setback (adopt Findings of Fact and Decision) • Resolution No. 00-318 vacating public .drainage and utility easements; and • Sign Encroachment Agreement Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Bellows, Zaun. ITEM 14 Kelly Murray, representing Wensmann Realty, requested Council approval of a preliminary plat and planned unit development (PUD) to be known as Century Ridge. Mr. Morey presented the proposed Century Ridge preliminary plat and PUD, which consists of 108 townhouse lots, three common area lots and two outlots located east of Ipava Avenue, west of Dodd Boulevard and north of the proposed extension of 190 Street. Century Ridge represents the first townhouse development to be processed under the new RM-1 District standards approved with the zoning ordinance update. Mr. Morey explained that the RM-1 District performance standards were applied to this development with respect to exterior building materials, usable open space, garage size, storm shelter, guest parking, etc. A 2.85-acre linear wetland is located on the west side of the site and will not be impacted by the Century Ridge development, as a majority of the wetland is located within Outlot A, which will be deeded by the developer to the city. The proposed landscaping will provide a buffer screen between the townhome units and Dodd Boulevard. Mr. Morey explained that there are two metes and bounds parcels located on the west side of Dodd Boulevard, north of the proposed 190 Street, that are exceptions to the Century Ridge plat. The developer has agreed to .dedicate 25 feet of the Century Ridge property to combine with the exception (Nye) property in order to eliminate encroachments. The developer has also agreed to extend sanitary sewer to the Nye property, and the Nye's will be required to connect to sanitary sewer as soon as it becomes available. Staff recommends approval of the Century Ridge preliminary plat/PUD subject to 23 stipulations recommended by the Planning Commission and ~!, staff. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 12 Mayor Zaun asked about the private driveway located to the west of the main public street that serves seven units, pointing out that the ordinance only allows for a private drive to serve six units. Mr. Morey explained that the driveway would serve a 3- unit building and a 4-unit building. In this particular case, given the general layout of the site and the wetland area, it was felt that this would be an appropriate part of the planned unit development. Council Member Bellows asked about the impact this development would have on School District 194. He questioned the School District's estimate of 15 students from this entire development. Ms. Murray. compared this development with Heritage Commons, where there are very few school age children. These types of homes are marketed more toward young professionals, retired persons ("empty nesters") etc. Mr. Erickson explained that the demographics used by the School District to further support the figures include the Boulders, Crystal Hills and Brackett's Crossing projects. 00.220 Motion was made by Sindt, seconded by Mulvihill to approve the Century Ridge preliminary plat and planned unit development. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Bellows, Zaun, Sindt. ITEM 15 Mr. Volk presented a proposed ordinance amending Title 6, Chapter 1 of the City Code establishing winter parking restrictions. He explained that the ordinance currently in place restricts the parking of motor vehicles, trailers, snowmobiles, etc. on any street or alley after a snowfall that requires plowing and clearing until the street or alley has been plowed or cleared. However, the 1999 citizen survey supports the restriction of winter on street parking during certain hours, consistent with the neighboring cities of Apple Valley, Farmington, Burnsville and Eagan. The proposed .ordinance would restrict parking between the hours of 2:00 a.m. and 6 a.m. from November 1St until April lst, or any other time when the National Weather Service forecast accumulation is two or more inches of snow, until the street or alley has been plowed. Exemptions would be given to residences CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 13 without an established driveway, including new construction. The new ordinance would become effective on October 1, 2001. Council Member Sindt asked about apartment and townhome complexes where cars are required to be moved out onto the street so that parking lots can be plowed. Mr. Volk stated the City would work with the rental property managers to accommodate their needs. It was pointed out that residents would be allowed to park their cars on the street after 6:00 a.m. if the street has been plowed. 00.221 Motion was made by Mulvihill, seconded by Bellows to adopt Ordinance No. 682 amending Title 6, Chapter 1 of the Lakeville City Code concerning parking restrictions. Roll call was taken on the motion. Ayes, Luick, Bellows, Zaun, Sindt, Mulvihill. ITEMS 16-17 Mr. Feller presented resolutions adopting the year 2001 budgets and tax levy, consistent with the information presented at the December 11, 2000 Truth in Taxation hearing. 00.222 Motion was made by Luick, seconded by Mulvihill to adopt the following: • Resolution No. 00-319 adopting the 2001 General Fund Budget • Resolution No. 00-320 adopting the 2001 Cable TV Fund Budget • Resolution No. 00-321 adopting the 2001 Environmental and Recycling Fund Budget • Resolution No. 00-322 adopting the 2001 Drug Enforcement Fund Budget • Resolution No. 00-323 adopting the 2001 Employee Benefit Fund Budget • Resolution No. 00-324 adopting the 2001 GIS Fund Budget • Resolution No. 00-325 adopting the 2001 Surface Water Management Utility Fund Budget • Resolution No. 00-326 adopting the 2001 Oak Wilt Suppression Grant Fund Budget CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 14 • Resolution No. 00-327 adopting the 2001 Enhanced 911 Fund Budget • Resolution No. 00-328 adopting the 2001 Economic Development Revolving Loan Fund Budget • Resolution No. 00-329 adopting the 2001 Municipal Reserves Fund Budget • Resolution No. 00-330 adopting the 2001 Equipment Fund Budget • Resolution No. 00-331 adopting the 2001 Building Fund Budget • Resolution No. 00-332 adopting the 2001 Park Development Fund Budget :• Resolution No. 00-333 adopting the 2001 Liquor Fund Budget • Resolution 1Vo. 00-334 adopting the 2001 Water Operating Fund Budget • Resolution No. 00-335 adopting the 2001 Sanitary Sewer Operating Fund Budget Roll call was taken on the motion. Ayes, Bellows, Zaun, Sindt, Mulvihill, Luick. 00.223 Motion was made by Luick, seconded by Sindt to approve Resolution No. 00-336 adopting the 2001 tax levy. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Bellows. ITEM 18 00.224 Motion was made by Mulvihill, seconded by Luick to make the. following appointments to the Planning Commission: • Thomas Michaud Term expiring 1 / 1 / 2002 • Gerald Grenz (alternate) Term expiring 1 / 1 / 2002 • Wendy Wulff Term expiring 1 / 1 / 2004 • Dale Detjen Term expiring 1 / 1 /2004 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Bellows, Zaun. UNFINISHED BUSINESS None • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 2000 PAGE 15 • NEW BUSINESS Mr. Knutson presented a proposed Settlement Agreement with George W. Warweg regarding proposed assessments for sealcoating, Improvement Project 00-1. He explained that the settlement reflects the recent change in the zoning classification of Mr. Warweg's property, .which occurred after the original public hearing for the sealcoating project. The deferment is consistent with the prior. settlement with Mr. Warweg regarding sewer and water assessments. 00.225 Motion was made by Sindt, seconded by Bellows to approve a Settlement Agreement with George W. Warweg for sealcoating assessments, Improvement Project 00-1. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Bellows, Zaun, Sindt. ANNOUNCEMENTS Newt regular Council meeting, Tuesday, January 2, 2001 Mayor Zaun adjourned the meeting at 10:30 p.m. Respectfully submitted, .., Charlene Frie ges, C' Clerk Duane Zaun, or •