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