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HomeMy WebLinkAbout05-15-00!~ CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 Mayor Zaun 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 Johnson, Sindt, Mulvihill, Luick and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Morey, Acting Community 8v Economic Development Director; D. Feller, Finance Director;. S. Michaud, Parks 8a Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations 8v Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. ITEM 3 The minutes of the May 1, 2000 City Council meeting and the May 1, 2000 Special Council meeting were approved as • presented. STAFF ANNOUNCEMENTS: ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a corrected page for the architectural agreement with Grooters Leapaldt Tideman Architects, Item 7m. CHIEF OF POLICE: Chief Martens presented the April Police Department monthly report. PARKS 8v RECREATION DIRECTOR: Steve Michaud presented the April monthly report of the Parks 8s Recreation Department. PRESENTATIONS/ INTRODUCTIONS Mr. Michaud introduced C.J, Maichen, Recreation Program Assistant. i CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 2 • Ann Peterson, representing the American Legion Auxiliary, and Sue Skorseth, representing the VFW Auxiliary, requested Council approval of a proclamation naming the month of May as Poppy Month. Mayor Zaun read the proclamation. 00.89 Motion by Sindt, seconded by Johnson to proclaim the month of May as Poppy Month in Lakeville. Roll .call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. CITIZENS' COMMENTS Mr. Dick Dolan, 401 Brandywine Drive, Burnsville, addressed the City Council regarding a situation involving his son and a Lakeville Police Officer at the Mega Stop on Christmas Eve 1997. City Attorney Roger Knutson informed Mayor Zaun that this matter has been turned over to the County Attorney's office, and it would not be appropriate for Mr. Dolan to address the City . Council or the City of Lakeville on this matter. Mr. Dolan left copies of a prepared written statement for the council members. CONSENT AGENDA Council members added Items 9, 10 and 11 to .the consent agenda.. 00.90. Motion was made by Johnson, seconded by Sindt 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, April 18 and May 2, 2000 Park 8a Recreation Committee, May 3, 2000 Planning Commission, May 4, 2000 Park 8v Recreation/EDC Subcommittee, May 3, 2000 U CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 3 • d. Resolutions No. 2000-94, 95 and 96 accepting donations to the Police Department fitness program and DARE program from Mills Fleet Farm, Granse and Associates, Inc. and Ladies Auxiliary to VFW Post 210. e. Resolution No. 2000-97 receiving bids and awarding contract for Improvement Projects 00-1, 99-18, 00-12 and 00-13. f. Resolution No. 2000-98 receiving bids and awarding contract for Well No. 14 collection pipe, Improvement- Project 00-4B. g. Final payment and acceptance of 165 Street extension., Improvement Project 98-15. h. Authorize submittal of grant applications to the Minnesota DNR for cross country ski trail and snowmobile trail programs. i. Final acceptance of utility improvements, Town and Country Estates. j. Resolution No. 2000-99 authorizing disposal of surplus police equipment. k. Resolution No. 2000-100 authorizing the .sale of forfeited vehicles. L Architectural Services Agreement with Tushie-Montgomery and Associates for City Hall addition and remodeling. m. Architectural Services Agreement with Grooters Leapaldt Tideman Architects for renovation of Hart Hall into an area arts center. n. Construction Management Services Agreement with Greystone Construction for City Hall addition and remodeling and Hart Hall renovation. o. Resolution No. 2000-101 accepting donations from Dominos Pizza, Lakeville Sanitation Service, Ine., Waste Management of MN, Inc.., United Building Centers, Menasha Packaging ' Corporation and Arden International Kitchens for Community Clean-up Day. CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 4 p. Resolution No. 2000-102 requesting a speed limit study on 175 Street between Highview Avenue and Dodd Boulevard. q. Special home occupation permit extension to allow the continued operation of a photography studio at 16320 Javari' Court. r. Table consideration of the Cedar 160 Addition until the June 5, 2000 City Council meeting. s. Resolution No. 2000-103 approving plans and specifications and setting a bid date for Improvement Projects 00-8, 00-9 and 00-10. t. Ordinance No. 669 amending Title 10 of the Lakeville City Code concerning park dedication requirements. u. Resolution No. 2000-104 authorizing "no parking" on the east side of Kenrick Avenue from County Road 70 south to the city boundary. 9. Conditional use permit to allow the expansion of an existing non-conforming single-family dwelling at 10145 - 205 Street West, and a variance to allow the construction of an addition within the 75-foot setback from the Ordinary High Water Level of Lake Marion. 10. Conditional use permit to allow the demolition and reconstruction of an attached garage at 10050 - 185' Street West. 11. Resolution No. 2000-105 vacating a portion of Kenrick Avenue right-of--way located adjacent to I-35, north of 210 Street and south of 205 Street. Roll call was taken on the motion. Ayes, Zaun, Sindt, .Mulvihill, Luick, Johnson ITEM 8 Mayor Zaun opened the public hearing on the application of Lakeville Grill Inc. for an on-sale and Sunday liquor license at 20685 Holyoke Avenue. Investigator Bill Forbord explained that CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 5 Mr. Tom Tomaro, doing. business as Lakeville Grill Inc., has signed a purchase agreement for :Babe's Sportsbar 8v Grill. Mr. Tomaro plans to lease the building and property with an option to purchase. As required by city ordinance, John Enggren, d.b.a. Lakeville Restaurant 8v Spirits, Inc., will be the co-applicant on the liquor license. All property owners within 500 feet of the property were notified of the liquor license application and public hearing. Consistent with requirements established as part of the Downtown Lakeville Parking Study, a parking agreement between Lakeville Grill Inc. and Marquette Bank needs to be submitted for City Attorney review and approval prior to the liquor license being issued to Lakeville Grill Inc. Mr. Tomaro addressed the City Council and indicated that he has no immediate plans to change or modify the. establishment at this. time. Pan-O-Prog activities for this year, he stated, will be consistent with prior years, There were no questions or comments from the audience. . 00.91 Motion was made by Johnson, seconded by Sindt to close the public hearing on the application of Lakeville Grill Inc. for an on- saleand Sunday liquor .license at 20685 Holyoke Avenue. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. 00.92 Motion was made by Mulvihill, seconded by Luick to grant an on- sale and Sunday liquor license to Lakeville Grill Inc,, 20685 Holyoke Avenue. Roll call was taken on the. motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. ITEM 12 Ray Brandt, representing RHB Enterprises, Inc., requested approval of the Vermillion Springs preliminary plat, which consists of 90 single-family lots, one church. lotand six outlots located. north of 165 Street, south of 160 Street and predominately west of Highview Avenue. The. Vermillion Springs preliminary plat includes the realignment of Highview Avenue at CSAH 46 across from Garden View Drive in Apple Valley.. CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 6 • Mr. Morey's May 4, 2000 videotaped presentation to the Lakeville Planning Commission was presented to the City Council, which provided a detailed overview of the Vermillion Springs preliminary plat. (See Planning Commission meeting minutes on file in the City. Clerk's office). Mr. Morey stated the Planning Commission recommended approval of the preliminary plat subject to 15 'stipulations as listed in the April 28, 2000 planning report, with a modification to Stipulation No. 11, which requires the construction of an off-street trail on one side of Hawthorn Path. Staff recommends approval of the preliminary plat. Tom Lawell, Apple Valley City Administrator, spoke on behalf of the Apple Valley City Council and residents expressing concern with the proposed connection of Highview Avenue to Garden View Drive. He pointed out that Garden View Drive is designated as a collector street in the Apple Valley Comprehensive Plan, while Highview Avenue has been identified as a minor arterial/parkway in Lakeville's Comprehensive Transportation Plan. The connection will likely produce traffic volumes and speeds that Garden View Drive is not designed to handle. He stated their first preference would be for the City of Lakeville to find an alternative location for the Highview Avenue alignment at County Road.46, other than Garden View Drive. He suggested working with Dakota County to modify the current Highview Avenue alignment. However, Mr. Lawell stated, if Highview Avenue must align with Garden View Drive, he asked that the City of Lakeville not make final design plans for the intersection at this time. Greg Eisele, 8400 West 160 Street, the owner of Eisele Greenhouse, expressed concern for Lakeville residents whose children attend Apple Valley schools if a physical barrier is installed at Garden View Drive to deter traffic from entering Apple Valley at that location. He further stated that realigning Highview Avenue to the east would affect his home. and business, and he does not plan to relocate either one. Mayor Zaun pointed out that information forwarded to the City Council from the Dakota County Highway Engineer indicates that a raffic and safety problem exists at the current. Highview Avenue/County Road 46 intersection; however, a signal at that location is not recommended. The traffic situation at County Road 46 and Garden View Drive does not warrant signalization; CITY OF LAKEVILLE COUNCIL MEETING. MAY 15, 2000 PAGE 7 • however, it would provide a safe location for the alignment and signalization with the realigned Highview Avenue. Council Member Sindt asked if there has been any change in the Apple Valley street design standards since approximately 1988. Mr. Erickson stated prior to construction of County Road 46 to an urban design in 1989/90, the City of Apple Valley modified its comprehensive plan (land use change from medium density to single family), which drove the design of Garden View Drive. Council Member Sindt stated it was her recollection that the County put the conduit for signals in the ground at Garden View Drive during .the reconstruction of County Road 46. Mr. Erickson explained that the realignment of the Highview Avenue intersection with County. Road 46 at Garden View Drive was identified in the City's 1988 Transportation Plan. A .curb cut and conduit for the signals were installed by Dakota County at that location in 1992 when County Road 46 was upgraded from a two lane undivided to a four lane divided roadway in anticipation of the Highview Avenue realignment. Council Member Johnson stated he understands the concerns of .the Apple Valley residents; however, he stated he doubts ,that Lakeville residents would use Garden View Drive when traveling to Apple Valley. He pointed out that the street is slow and winding and does not directly lead. to the Apple Valley businesses, most of which are located on Cedar Avenue. Council Member Mulvihill agreed that Lakeville residents are not likely to use Garden View Drive to get to Apple Valley businesses. She emphasized that this. road alignment is being pursued so Lakeville residents may have a safe access onto County Road 46. Council Member Luick asked about Hawthorn Path being a righf- in, right-out at County Road 46 and what type of median would be installed. Mr. Morey explained that the County will close off the median with this development, which will, in and of itself, restrict turning movements to right in, right-out. The Planning Commission recommended construction of an off-street bike trail along Hawthorn Path. Hawthorn Path will also serve as the main access to the church. CITY OF LAKEVILLE COUNCIL MEETING. MAY 15, 2000 PAGE 8 • Council Member Luick asked if the City of Apple Valley would infringe on the County's right-of-way if a pork-chop type divider is installed at Garden View and County Road 46. Mr. Lawell stated any pork-chop type design would involve the County's participation. He stated the City of Apple Valley will do what it can in the signal design/timing of the intersection to encourage turning movements and discourage through traffic onto Garden View Drive. Council Member Mulvihill stated the City Council is sensitive to the City of Apple Valley's concerns with regard to Garden View Drive; however, there does not appear to be another viable solution to the Highview Avenue realignment at County Road 46. 00.93. Motion was made by Sindt, seconded by Johnson to approve the preliminary plat of Vermillion Springs, subject to the 15 stipulations as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill.. Mayor Zaun pointed out that once a plat decision is made, the County can proceed to look at the road/intersection design issues. Mr. Erickson stated the City of Lakeville remains flexible until final plat approval with respect to Highview Avenue being either three or four lanes at the intersection. Mayor Zaun recessed the meeting at 9:00 p.m and reconvened at 9.:06 p.m. ITEM 13 Byron Watschke, representing Lakeville "385", requested Council approval of the preliminary plat of Lakeway Park, along with an easement vacation, rezoning and conditional use permit to allow the construction of a church in the R-2 district. Mr. Morey presented the Lakeway Park preliminary plat, which consists of two lots and two outlots in the northwest corner of Kenwood Trail and 185 Street. Lot 1 is proposed. to be rezoned to R-2 to allow construction of a 24,000 square foot Church of CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 9 Jesus Christ of Latter Day Saints meeting house. Lot 2 would be .zoned Business-Campus District, consistent with the 2020 Comprehensive Land Use Plan. Outlot A would be rezoned to R-7 to allow for future high density residential development. Outlot B, which covers a large wetland and wooded area with steep slopes, would be deeded to the City and utilized for natural park purposes. The developer is also requesting the vacation of an existing drainage and utility easement within the preliminary plat boundaries. The easement vacation, rezoning and conditional use permit are all contingent upon the recording of the Lakeway Park final plat.. Staff recommends approval of the preliminary plan subject to five stipulations and .the conditional use permit subject to nine stipulations as recommended by the Planning Commission. The church architect has submitted a revised trash enclosure screening plan as recommended by the Planning Commission. Alighting plan and revised landscape plan have also been submitted. Jeff Walz, church architect, presented the proposed site plan for the .Church of Jesus Christ. of Latter-day Saints. Council Member Johnson asked if the church plans to operate. regularly scheduled school classes. Mr. Waltz stated that to the best of his knowledge, the building is not proposed to be utilized as an education center. Council Member Sindt asked about the street alignment of this plat with 188 Street south of 185 Street. Mr. Morey stated the developer of the property to the south of 185 Street has agreed. to align the roadway .when that property develops. He further stated that 188 Street will be closed at the railroad tracks.; however, it will maintain its access at County Road 50. Mr. Erickson pointed out that a parcel owned by the applicant needs to be included as part of the calculation for the 18-acre park dedication for this subdivision. Due to an oversight by staff, this had not been done. He also explained that prior to final plat approval, staff will provide a recommendation with regard to who will participate in paying for the cul-de-sac, recognizing .that about half of the frontage on the cul-de-sac abuts the proposed park .property. .7 CITY OF LAKEVILtJE .COUNCIL MEETING MAY 15, 2000 PAGE 10 • 00.94 Motion. was made by Luick, seconded by Mulvihill to receive the. Planning Commission's Findings of Fact and Recommendation and. approve the following: • Preliminary plat of Lakeway Park • Resolution No. 2000-106 vacating a drainage and utility easement • Ordinance No. 670 rezoning property from Planned Unit Development and R-2 to R-2, R-7 and B-C • Conditional use permit to allow a church in the R-2 district Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 14 Mr. Feller presented a resolution concurring with the action. of the Lakeville HRA in providing for the financing of the Lakeville Area Arts Center project pursuant to a lease agreement between Lease Finance Group, Inc. and ISD 194. He explained that under the terms of the Memorandum of Understanding betweenthe City of Lakeville, Lakeville H.R.A. and ISD 194 relating to the acquisition of the All Saints Campus, the City would transfer title of the elementary school to the Lakeville HRA. The HRA .would then facilitate lease-purchase financing from a financial institution for the acquisition of the elementary school property and reconstruction of the school to ISD 194 standards. Bids were received for the lease-purchase agreement on April. 17. Springsted, Inc. has analyzed the four bids and recommends awarding the lease to Lease Finance Group. Mr. Feller went on to explain that since the Lakeville HRA would retain ownership of the property, the HRA must,. therefore, execute a ground lease with Lease Finance Group. The terms of the ground lease would coincide with the terms of the lease between the lessor and ISD 194. In the event ISD 194 does not meet the terms of the agreement, the lessor would endeavor to lease the premises to a third party. The Lakeville HRA and the City would, however, retain first right of refusal. Staff recommends approval. of the resolution concurring with the Lakeville HRA in providing for the financing of the Lakeville Area Arts Center project pursuant to a lease agreement with Lease Finance Group, Inc. • CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 PAGE 11 • Mr. Feller also presented aParking/Access Easement and Maintenance Agreement between the City of Lakeville, Lakeville H.R.A. and ISD 194 related to the use of the parking lots on the All Saints site. Parcel A includes the school and parking lot .immediately north of the school. Parcel B is owned by the City and includes the Arts Center and Rectory and the parking lot immediately north and west of the Arts Center. Parcel C includes the parking lot located on the west side of Howland Avenue, south of 209 Street. Under the terms of the agreement, the School District will limit its parking on Parcels B and C to .activities-from 5 a.m. to 5 p.m. Monday through Friday, and for special events. The City will limit its parking on Parcel A to activities from 5 p.m. to 5 a.m. Monday through Friday, on weekends and for special events. The City will be responsible for maintenance and repair of the parking lot, including blacktop, striping, sweeping and signage; and the School District will reimburse the City 25% of these costs. The School District will be responsible for snow and ice removal and landscape/lawn. maintenance on Parcel A. The City will be responsible for snow and ice removal and landscape/lawn maintenance on Parcels B and C. Mr. Feller stated the City Council is also being asked to approve a resolution authorizing transfer of certain real property (the former All Saints elementary school) to the Housing and Redevelopment Authority,. consistent with the Memorandum of Understanding. 00.95. Motion was made by Johnson, seconded by Mulvihill to approve the following related to the Lakeville Area Arts Center Campus: • Resolution No. 2000-107 concurring with the action of the Lakeville Housing and Redevelopment Authority in providing for the financing of a project pursuant to a lease agreement between Lease Finance Group, Inc. and ISD 194; • Parking/ access easement and maintenance agreement with ISD 194; • Resolution No. 2000-108 authorizing transfer of certain real property to the Housing and Redevelopment Authority in and for the City of Lakeville. • CITY OF LAKEVILLE COUNCIL MEETING MAY 15, 2000 ' PAGE 12 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. .ITEM 15 00.96 Motion was made by Mulvihill, seconded by Sindt to appoint the following individuals to the Lakeville Area Arts Center Board:. .Rhonda Berg, Lakeville Performing Arts (2-year term) Pete Martin, School District 194 Community Education (3-year term) Wally Potter,. Lakeville Area Historical Society (3-year term) Tonete Jensen, Lakeville Area Art Guild (3-year term) Julie Speiker, Downtown Lakeville Business Association (2-year term) Roll call was taken. on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. • UNFINISHED BUSINESS None NEW BUSINESS Mayor Zaun expressed some concern regarding a Planning Commission member voting "no" on a conditional use. permit request at the May. 4~ Planning Commission meeting due to the fact that the applicant was not in attendance. ANNOUNCEMENTS Next regular Council meeting, June 5, 2000 Council work sessions, May 18 and May 25, 2000 Mayor Zaun adjourned the meeting at 9:41 p.m. Respectfully submitted, harlene Friedges, C' Clerk • CITY OF LAKEVILLE COUNCIL. MEETING MAY 15, 2000 PAGE 13 Duane Zaun, or • •