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HomeMy WebLinkAbout04-17-00CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 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. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; L. Gustafson, Special Assessment/Property Data Clerk; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the Apri13, 2000 City Council meeting and the March 18, 2000 City Council Retreat were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson reported that staff members were available in the North Meeting Room at 6:30 p.m. to meet with. residents who had questions regarding the proposed sealcoating project.. ADMINISTRATOR: Mr. Erickson announced that City Clerk Charlene Friedges was recently elected Region IV Vice President for the Minnesota Clerks & Finance Officers Association. Mr. Erickson provided additional information and corrections related to Itemsl2 and 13, along with a draft ordinance for the Council's consideration under Item 13. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the March monthly report of the Operations & Maintenance Department. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March Parks & Recreation Department monthly report. CHIEF OF POLICE: Chief Martens presented the March Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 2 PRESENTATIONS/INTRODUCTIOlvS Chief Martens introduced Community Service Officers Thomas Jacobsen and Barbara Morgan. Mayor Zaun recognized Milan Mader and the Lakeville High School Gymnastics Team, who recently took the. Class AA State title for the sixth consecutive year. Mayor Zaun also recognized Leslie Gehlsen and the Lakeville High School Science Olympiad Team. The Science Olympiad Team took the competition's state title for the sixth consecutive year on March 4th. Team members, coaches and captains from both groups were present. Council Member Sindt read a proclamation establishing May 7-13,2000 as Senior Center Week. 00.67 Motion was made by Sindt, seconded by Johnson to proclaim May 7-13, 2000 as National Senior Center Week. Roll.call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick.. Council Member Mulvihill read a proclamation proclaiming May 31, 2000 as National Senior Health and Fitness Day. 00.68 Motion was made by Mulvihill, seconded by Luick to proclaim May 31, 2000 as National Senior Health and Fitness Day. Roll call was taken on the motion, Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. CITIZENS' COMMENTS None CONSENT AGENDA Council members removed Item 7i from the consent agenda for consideration immediately following Item 10. Council members removed .Item 7h from the consent agenda for consideration following Item 14. 00.69 Motion was made by Luick, seconded by Sindt to approve the consent agenda items as follows. a. Claims for payment b. March Investment Report c. Receive minutes of the following advisory committee meetings: CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 3 Economic Development Commission, March 21,.2000 Park & Recreation Committee, Apri15, 2000 d. Receive notes of the March 16, 2000 and March 22, .2000 Planning Commission Work Sessions. e. Receive notes of the following, Zoning Ordinance Update meetings: March 28, 2000 Residential Developers meeting Marck 28, 2000 Neighborhood meeting March 30, 2000 Commercial/Industrial Developers meeting March 30, 2000 Neighborhood meeting f. Joint Powers Agreement between Dakota County and the City of Lakeville for Household Hazardous Waste Collection. g. Resolution No. 2000-76 prohibiting parking on Dodd Boulevard (CSAH 9), .Improvement Project. 99-5. h. (Removed from consent agenda) i. (Removed from consent agenda) • j. Resolution No. 2000-79 amending the composition of the Economic Development Commission. k. Resolutions No. 2000-80, 2000-81 and 2000-82 accepting donations from Kentucky Fried Chicken, Carquest and New Market Bank to the Police .Department fitness program. 1. Amendment to-2000 Joint Powers Agreement, Dakota County Drug Task Force. m. Resolution No. 2000-83 accepting a donation from the American Legion for Meals on Wheels. n. Approve a 50-day extension for recording the final plat of Lakeville Family Housing Second Addition. o. Resolution No. 2000-84 approving a raffle permit for T.I.P. Inc. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. • CITY OF LAKEVILLE COUNCIL MEETING APRIL I T, 2000 PAGE 4 ITEIVI 8 Mayor Zaun opened the public hearing for Improvement Project 00-1, Districts 5 and 6 sealcoating improvements. The City Clerk attested to legal notices being duly published and mailed. City Engineer Keith Nelsonprovided an overview of the proposed sealcoating project for Districts 5 and 6. A short video produced by MnDOT explaining the purpose and importance of sealcoating was shown. Mr. Nelson pointed out that the aggregate being used this year is a chip seal trap rock, which is only about 1/8 inch in diameter. The total estimated project cost is $501,808, of which approximately $200,225 is proposed to be assessed to the benefiting property .owners. The proposed single-family unit assessment will be $123.75, which includes a $4.00 per parcel Dakota County special assessment administrative charge. The project will include spot overlays, curb and sidewalk repair and catch basin repair. As in the past, street patching will be out-sourced, and sealcoating will be performed under a separate contract through a joint powers agreement with the City of Burnsville. Finance Director Dennis Feller explained that following completion of the sealcoating this summer, the City Council will hold a special assessment hearing . to consider assessments for the project. Property owners will have 30 days following the assessment hearing to pay the assessment in full, without interest. If the assessment is not paid within the first 30 days, it will be spread over atwo- year period at 7.5% interest on the unpaid balance. Council Member Sindt asked how much money the City saves by recycling and re-using the sealcoat rock. Mr. Nelson stated the City saves almost .20 per square yard by re-using the rock. There were no questions or comments from the audience. 00.70 Motion was made by Johnson, seconded by Luick to close the public hearing on Improvement Project 00-1. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. 00.71 Motion was made by Mulvihill, seconded by Luick to approve Resolution No. 2000-85 ordering public improvement, approving plans and specifications and setting a bid date for sealcoating improvements in Districts 5 and 6, Improvement Project 00-1, and Improvement Projects 99-18, 00-12 and 00-13. Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 5 • ITEM 9 Mr. Nelson presented the City of Lakeville Capital Improvement Plan (CIP) for the years 2000-2004 by showing apre-recorded presentation made by Assistant City Engineer Tim Hanson at the April 13~' Planning Commission public hearing. At the public hearing, Mr. Hanson outlined in detail the capital improvement projects proposed for the years 2000 through 2004. (See Capital Improvement Plan 2000-2004 dated Apr12000 on file in the City .Clerk's office) In addition, several non-programmed projects have been identified in the CIP. These projects, which are primarily for new infrastructure improvements, will be monitored until such time as it is deemed necessary by the City Council to proceed with implementation. Finance Director Dennis Feller provided a summary. of revenue. sources for the Capital Improvement Plan. He explained that to the extent possible, street improvements are financed with Municipal State Aid (MSA) street construction funds. Other funding sources include connection and access charges from various trunk funds, special assessments (where applicable), tax increment, Liquor Fund, Water Utility Operating Fund, General Fund, Cable TV Fund, 1980"C" Improvement Fund, Municipal Reserves Fund, DNR grants, developers, interest income, bond proceeds and miscellaneous income. Mayor Zaun asked how non-programmed projects could become part of the permanent Capital Improvement Plan. Mr. Nelson explained that some of the non-programmed infrastructure projects could come forward as a result of development. Many of these non-programmed projects are.identified in the City's Comprehensive Plans (i.e. Transportation, Sanitary Sewer,. Water, etc) and are currently being monitored. Mayor Zaun asked how the proposed CIP is projected to affect the City's tax levy over the next few years. Mr. Feller stated although it is premature at this time, he would predict that the CIP could possibly generate a 4% increase in taxes. Council Member Sindt asked if the CIP would have an impact on the City's water and. sanitary sewer rates. Mr. Feller stated it would not. Council Member Johnson pointed that the CIP is merely a guide for the City to follow with respect to capital improvements, and it can be adjusted if a major project needs to be addressed. 00.72 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 2000-86 adopting the Capital Improvement Plan, 2000-2004. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick: CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 6 • At Mayor Zaun's request, the City Council amended the agenda to consider Item No. 12 at this time. ITEM 12 Kurt Weber requested Council approval of a lot area and lot width variance to allow the construction of a new single-family residence at 9990-199th Street. Mr. Morey presented the variance request for the Weber property, which is .located on the north shore of Lake Marion and within the Shoreland Overlay District. Mr. Morey explained that in 1998, the City Council approved a conditional use permit to allow the removal of anon-conforming detached garage and the reconstruction of a new detached garage. In 1999 the .City Council approved a conditional use permit amendment to allow the construction of additions onto the home. A one-half foot side yard. setback was the only zoning non-conformity aside from the legal non-conforming lot size. When Mr. Weber began construction of his additions, he removed the entire roof and walls of the house,. with the exception of the east wall located one and a half feet from the east property line. Mr. Weber was instructed by staff that he would need to obtain a lot area and lot width variance in order to rebuild. the house, as the "grandfather" rights of the parcel expired when the house was removed. Mr. Morey pointed out . that a majority of the parcels along 199th Street do not meet the lot area or lot width requirements and are parcels with "grandfather rights". The Planning Commission unanimously recommended approval of the variances subject to five stipulations as outlined in the Apri17, 2000 planning report. Mayor Zaun pointed out that the Planning Commission's Findings of Fact and Recommendation need to be corrected to reflect that the variance is for both lot area and lot width. Mr. Morey stated that both the Planning Commission's Findings of Fact and Recommendation and the April 13th meeting minutes would be corrected, and the Planning Commission will be notified of the corrections at its upcoming meeting. 00.73 Motion was made by Johnson, seconded by Sindt to receive the Planning Commission's Findings of .Fact and Recommendation and approve a lot area and lot width variance to allow_the construction of a new single-family residence at 9990 -199th Street West. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill,. Luick, Johnson. ITEM 10 Mr. Nelson presented an Agreement for Engineering Services with Black & Veatch Corporation for the Water Treatment Plant expansion project. Dan McCarthy of Black & Veatch was present to answer questions. CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 7 Mayor Zaun referenced the Owner's Responsibilities section on Attachment C regarding access to public or private property. Mr. Nelson indicated that the City is unaware, at this time, of any need to access private property for this project. 00.74 Motion was made by Luick, seconded by Mulvihill to approve an Agreement for Engineering Services with Black & Veatch Corporation for the Water Treatment Plant expansion, Improvement Project 00-3. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. Mr. Erickson announced that Utility Superintendent Ken Seurer has passed the exam and will receive his Class "A" Water System Operators License from the. State of Minnesota Health Department. ITEM 7I Mr. Nelson presented a resolution authorizing Barr Engineering to prepare plans and specifications for Well No. 14 and Well No. 1.5 and a resolution approving plans and specifications and setting a bid date for Well No. 14 collection pipe. He explained that Well No. 14 will be located in King Park, and Well No. 15 willbe • located in the northwest quadrant of the Ipava/192"a Street intersection. Improvement Project 00-4B, Well No. 14 collection pipe, will include the extension of trails along both sides of 185th Street to Dodd Boulevard, a pedestrian crosswalk at the intersection, trail connections from Dodd Boulevard to existing trails in King Park, and paved access to Well No. 14. It was explained that this project is included in the 2000-2004 Capital ImprovementPlan. 00.75 Motion was made by Luick, seconded by Sindt to approve Resolution No. 2000- 77 authorizing Barr Engineering to prepare plans and specifications for We11 No. 14 and Well No. 15, Improvement Projects 00-4A and 00-11; and Resolution No. 2000-78 approving plans and specifications and setting a bid date for Well No. 14 collection pipe, Improvement Project 00-4B. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson,. Zaun, Sindt. ITEM 11 Economic Development Coordinator Rita Erpelding introduced Scott Midness of Barton Aschman Associates, who presented the Downtown Lakeville Parking Study. The parking study, Mr. Midness explained, evaluated existing and future parking supply and demand in the downtown area. Parking counts were conducted for the entire study area, which is bounded by 205th. Street on the north,. McGuire Jr. High on the south, the railroad line on the west. and Holt Avenue on he east. The study was undertaken in order to identify parking strategies. and options to CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 8 enhance the viability of downtown Lakeville and to facilitate additional economic development. During the study, a sample of citizens and downtown employers were surveyed regarding their parking concerns. During the parking inventory, it was estimated that there are 69 parking spaces on Holyoke Avenue between Upper 206th Street and 210th Street. A parallel (tandem) parking striping plan would allow for 78 spaces along Holyoke Avenue. Mr. Midness presented the following recommendations for the .Council's consideration: • Direct City staff to work with Barton-Aschman Associates to incorporate Appendix G (Holyoke Striping Plan) and Appendix H (Alternate Parking Demand Scenario), as well as modifications identified in the March 6, 2000 addendum, in the final Downtown Lakeville Parking Study; • Direct City staff to work with the Planning Commission to incorporate the Downtown Lakeville Parking Study recommendations in the update of the Zoning Ordinance; • Authorize Director of Operations & Maintenance to proceed with striping Holyoke Avenue in accordance with the Holyoke Avenue Striping Plan outlined in Appendix G; • Direct City staff to work with Barton-Aschman Associates in the development • and distribution of a summary of the Downtown Lakeville Parking Study to downtown property and. business owners. Council Member Sindt asked about the possibility of additional parking on the Arts Center property. Mr. Erickson stated the Arts Center feasibility study has identified the creation of 100-110 additional parking. stalls adjacent to the Arts Center campus. Greg Peterka, representing the Downtown Lakeville Business Association, stated the DLBA has followed and supported the Downtown Lakeville Parking Study prepared by Barton Aschman. The DLBA agrees that in order to attract new businesses to the downtown area, convenient, accessible and inexpensive parking is a critical element.. Timing is perfect,. in that it represents progress toward the restoration of downtown Lakeville. Council Member Luick asked about the tandem parking layout. versus angled parking with respect to a possible turnback of a portion of Holyoke Avenue to Dakota County. Mr. Erickson stated that the transportation group at Barton Aschman contacted MnDOT and Dakota County and concluded that under either ultimate ownership, Dakota County or the City, the design standard does not change and angled parking would not be allowed due to design constraints. 00.76 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 2000-88 receiving and adopting the Downtown Lakeville Parking Study. CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 9 i Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill ITEM 13 Planning Commission Chair Karl Drotning addressed the City Council regarding the status of the Zoning Ordinance and Zoning Map amendment. He explained that the City held four neighborhood meetings to present the draft zoning ordinance and map. Numerous residents, business owners and developers attended, and participants were encouraged to submit written comments. To date, staff has received 301etters, a-mail messages and faxes, many of which provide important perspective on the proposed changes. Mr. Drotning requested, on behalf of the Planning Commission, additional time to review the comments submitted. The City Attorney outlined a draft ordinance that would extend the interim: ordinance (Ordinance No. 659 adopted on September 7, 1999) temporarily prohibiting approval of certain residential development. As drafted, the interim ordinance would remain in effect until July 17, 2000.. Mr. Knutson explained that. the proposed ordinance includes two exceptions from the moratorium as follows: • • Replatting outlots together with up to one-half acre of contiguous property outside the outlot; • Paradise Hills 2"d Addition to accommodate the construction of a 12-inch trunk watermain in accordance with the Ipava Avenue improvement project. right-of--way acquisition agreement. Mayor Zaun asked how the comments being considered by the,Planning Commission might impact the newly adopted Comprehensive Plan, since. the zoning is to be based on the Comprehensive Plan. Mr. Knutson explained that the City Council could amend the Comprehensive Plan at any time. If the Planning Commission feels that comments with regard to the zoning ordinance are appropriate, it can recommend that the City Council amend its Comprehensive Plan accordingly. Mr. Knutson pointed out, however, that most of the written comments received to date would involve zoning ordinance text amendments and would have no affect on the Comprehensive Plan. 00.77 Motion was made by Luick, seconded by Sindt to adopt Ordinance No. 668 extending an interim ordinance temporarily prohibiting approval of certain .residential development. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 10 ITEM 14 Administrative Assistant John Hennen presented a resolution establishing a Hunting Committee as a subcommittee of the Park and Recreation Committee. The: resolution also includes the adoption of new by-laws for the Park. and Recreation Committee, incorporating the subcommittee. He explained that the consolidation of the Hunting Committee and Park & Recreation Committee was deemed appropriate, since areas where hunting is permitted have been reduced, as have the issues that the Hunting Committee must consider.. Hunting Committee members were contacted and indicated their support of the consolidation. The following Hunting Committee members have expressed interest in serving on the subcommittee for atwo-year term: Don Cross, Bill Emond and Mick Tingelhoff. An alternate member, Paul Wagner, would serve cone-year term. 00.78 Motion was made by Mulvihill, seconded by Luick to approve Resolution No, 2000-87 establishing a Hunting Committee as a subcommittee of the Park and Recreation Committee and adopting by-laws for the Park and Recreation Committee; and appoint Don Cross, Bill Emond and Mick Tingelhoff to the Hunting Subcommittee for terms expiring on 12/31/01, and Paul Wagner as an alternate member for a term expiring on 12/31/00. • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. ITEM 15 00.79 Motion was made by Mulvihill, seconded by Sindt to appoint. Robert Boldus and John Berg to the Park & Recreation Committee for terms expiring on January 1, 2002. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson. Zaun :abstained, as he was not able to participate in the applicant interviews. ITEM 7H Council. Member Luick asked the Chief of Police to provide a history of accidents in the Kenyon Avenue/185`" Street area, and he asked the City Engineer to review the timing of this project. Chief Martens stated there were three accidents in this area in the last week,. all considered driver error. The accidents, he explained, are not extraordinary for the traffic volume, however, the volume is extraordinary for the road. Mr. Nelson stated the traffic signal agreement. would be immediately forwarded to the: County Board, and the County should be prepared to go out for bids immediately. The project could be awarded in June and completed early this fall.' With regard to the realignment of Kenyon Avenue, there are some easement issues that need to be addressed. He suggested that Jim Walston be directed to negotiate with the property owners to obtain the necessary easements. Mr. CITY OF LAKEVILLE COUNCIL MEETING APRIL 17, 2000 PAGE 11 ~ Erickson recommended that Mr. Walston be retained as the County's agent, and not the City's, so that the City is not perceived as encouraging development in this area. 00.80 Motion was made by Luick, seconded by Sindt to approve Traffic Control Signal Agreement No. 80130R with the Minnesota Department of Transportation and Dakota County for traffic signal control on the I-35 ramps at 185r Street, Improvement Project 99-10; and authorize City Attorney Jim Walston to work on behalf of Dakota County to secure the necessary easements to insure completion of the Kenyon Avenue realignment to Knollwood Circle during the 2000 construction season. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. UNFINISHED BUSINESS Council Member Sindt stated that several residents have indicated they are not receiving the Thisweek Life & Times newspaper. Mr. Erickson stated a meeting had been scheduled with ECM Publishing to discuss this issue; however, he had another commitment and had to cancel it. The meeting will be re-scheduled. NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, May 1, 2000 Mayor Zaun adjourned the meeting at 10:16 p.m. Respectfully submitted, Charlene Friedges, City d Dua e Zaun, May