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HomeMy WebLinkAbout01-18-00r CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 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 Ryan, Sindt, Mulvihill and Luick. Absent: Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; J. Walston, City Attorney; B. Kempa, Senior Accountant; C. Friedges, City Clerk. MINUTES The minutes of the December 20, 1999 and January 3, 2000 City Council meetings were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson asked the City Council to accept, under New Business, the resignation of Michael Sobota and consider appointing an acting Community & Economic Development Director. CHIEF OF POLICE: Chief Martens presented the December Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the December Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced Todd Rasmussen and Dan Seurer of the Zakeville Men's Softball Association, who presented a check in the amount of $2,459.89, which completes the donation of $50,000 to the City of Lakeville for ballfield lighting at Aronson Park. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 2 Minnesota GFOA Representative and Eagan Assistant Finance Director Tom Pepper presented a Certificate of Achievement for Excellence in Financial Reporting to the City of Lakeville for the year ended December 31, 1997. Finance Director Dennis Feller and Accountant Brian Kempa accepted the certificate on behalf of the City of Lakeville. CITIZENS' COMMENTS John Boland, 10241 205' Street West, stated he feels it is necessary to televise City Council work sessions so that the residents of Lakeville are. informed as to how the City is spending taxpayer dollars. He stated, for example, the City has decided to spend money on an arts center, in spite of state legislation that would prevent the City from spending tax increment financing funds. on an arts center after the first of the year. He stated he feels the City should place more emphasis on providing affordable housing for Airlake Industrial Park employees. Mr. Erickson indicated that according to a couple of Eagan residents who work in Lakeville, the live broadcasting of the Eagan Council work sessions has .contributed to the continuing problems and misunderstandings that community is unfortunately experiencing. Mr. Erickson further explained that with regard to the arts center, all presentations, discussions, etc. were done at City Council meetings, which are open to the public and broadcast live on cable television. With regard to the utilization of tax increment financing funds, he explained that the State legislature changed the law on the use of tax increment financing. The City made the decision to utilize the proceeds from the tax increment financing district consistent with the objectives identified in the tax increment financing plan. CONSENT AGENDA Council members added Items 11, 12 and 13 to the consent agenda. 00.11 Motion was made by Mulvihill, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, January 6, 2000 Parks & Recreation Committee, January 5, 2000 Special assessment agreement with Janis Chamoun Bruyer, 1641.1 Kingswood Drive, Improvement Project 96-6. • d. Resolution No. 2000-4 adopting the pay schedule for Fire Department officers. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 3 • e. Confirm the annual Board of Review meeting to be held on Monday, April 10, 2000 at 7:04 p.m. f. Resolution No. 2000-5 approving a gambling permit for VFW Auxiliary to Post 210. g. Confirm the appointment of Karl Drotning as Planning Commission Chair. h. Joint Powers Agreement for 2000 traffic markings, street sweeping, crack sealing and seal coating. Resolution No. 2000-6 adopting the Lakeville AWAIR Plan and the Employee Safety Manual. • n U j. Change Order No. 1, final acceptance and final payment to Veit & Company, Inc. for demolition of the former Wren building and Main Street Automotive building, Improvement Project 99-24. k. Designate Thisweek Newspaper/Dakota County Tribune as the legal newspaper for 2000 and authorize publication of the Messages Page. 1. Final acceptance of utility improvements, Boulder Village West. m. Final acceptance of utility improvements, Dodd Valley Estates and Dodd Valley Estates 2"d Addition. n. Renewal of a tree service operator license for Ciardelli Tree & Landscaping. o. Resolution No. 2000-7 accepting a donation from Ron Mullenbach. p. Resolution No. 2000-8 authorizing sale of cable TV equipment. q. Resolution No. 2000-9 approving a gambling permit for.Lakeville Hockey Boosters. 11. Special home occupation permit to allow the operation of a massage therapy business at 16737 Innsbrook Drive. 12. Special home occupation permit to allow the operation of a massage therapy business at 16775 Joplin Way. 13. Conditional use permit to allow a second detached accessory building at 20842 Iteri Avenue. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 4 Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Luick. ITEM 8 On behalf of Sidelines Bar & Grill LLC, Chief Martens requested that the public hearing for an on-sale and Sunday liquor license be tabled to a future date. He explained that the applicant has not submitted necessary legal documents required by the Police Department. The applicant will submit the required information as soon as possible. 00.12 Motion by Mulvihill, seconded by Luick to table the public hearing on the application of Sidelines Bar & Grill, LLC for an on-sale and Sunday liquor license at Sidelines. Bar & Grill, 20800 Kenrick Avenue. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan. ITEM 9 Acting Mayor Sindt opened the public hearing on the Lakeville Water Treatment Facility Risk Management Plan. The City Clerk attested to publication of the legal notice. Don Volk, Director of Operations & Maintenance, presented the Lakeville Water Treatment Facility Risk Management Plan. He explained that the Federal Clean. Air Act required the City to submit a risk management plan to the Environmental Protection Agency by June of 1999. The purpose of the risk management plan was to develop a hazard assessment and an accident prevention program and ensure proper emergency preparedness and response in the event of an accidental chlorine discharge. Mr. Volk explained that at this time, there are three different safety features that would have to fail before the accidental discharge of chlorine. would occur from the Water Treatment Facility. They are: (1) chlorine storage area, (2) chlorine feed equipment and {3) chlorine scrubber. Triple redundant safety measures, Mr. Volk explained, were built into the Water Treatment Facility to ensure that an accidental release of chlorine would not occur. However, a risk management plan was required to be developed, not taking. into consideration any of those safety features that exist at the Water Treatment Facility. There were no questions or comments from the audience. 00.13 Motion was made by Luick, seconded by Mulvihill to close the public hearing on the Water Treatment Facility Risk Management Plan. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Sindt. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 5 00.14 Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 2000-10 receiving the Lakeville Water Treatment Facility Risk Management Plan and authorizing the Certification of Public Meeting to the Environmental Protection Agency and the Federal Bureau of Investigation. Roll call was taken on the motion. Ayes, Luick, Ryan, Sindt, Mulvihill. ITEM 10 Mark Ulfers Executive Director of the Dakota County Community Development Agency (CDA), requested Council approval of Lakeville Family Housing Second Addition. He explained that the project consists of 29 rental townhouse units on property previously owned by Virginia and Stephen Hines. It is located west of Cedar Avenue, east of Hamburg Avenue, south of 210' Street and north of Lakeville Boulevard (County Road 50). The project will resemble the Cedar Valley townhomes located. on Cedar Avenue and Glacier Way. .Project architect Paul Madsen provided an overview of the site plan, which consists of seven buildings, a tot lot and hard surface play court. Each of the townhouse buildings will include-two and three bedroom rental units. The size of the units will range between 1,.176 and 1,430 square feet. Mr. Sobota explained that this development reflects the objectives of the Livable Communities Act and represents an effort by the City to meet its obligations to provide for this type of rental housing. Lakeville received $166,000 from the Metropolitan Council Livable Communities Fund for this townhome project. Included with this project is the paving of 210' Street. The CDA has agreed to pay 100 percent of the street improvement costs from the end of the existing 210' Street pavement to the west boundary. of the proposed plat. The City will pay for the improvement of 210' Street from the west boundary of the plat to Hamburg Avenue, then south to County Road 50. The cost of the street paving is in lieu of the City providing credits to the CDA for the storm water pond. A rezoning from R-2 to R-5 allows townhouse development at the proposed density of 5.79 units per acre. The preliminary and final. plat and planned unit development conditional use permit allows the seven principal townhouse buildings to be located on one common lot. The Planning Commission recommended approval of the rezoning, preliminary and final plat, planned unit development/conditional use permit, grant agreement with the Metropolitan Council and assignment agreement with the CDA. John Boland questioned the total value of the project and how much money the City is contributing. Mr. Sobota stated the City will participate in the sewer and water laterals to serve the project at a cost of $135,650. The City will also fund a portion of the Hamburg Avenue and 210' Street paving at an estimated cost of $45,000. Mr. Ulfers stated the estimated total development cost of the project is CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 6 $3.5 million. He explained that almost all of that money comes from contributions from corporate partners and other private sources. If the City of Lakeville had not come forward in pursuit of this project at this time, that $3.5 million would have been lost. Council Member Mulvihill stated she is pleased to see more quality affordable housing in the vicinity of Airlake Industrial Park. Acting Mayor Sindt asked how close the pond would be to the tot lot. Mr. Madsen stated the pond is for infiltration and is not designed to hold water. He further stated the tot lot would be fenced. 00.15 Motion was made by Mulvihill, seconded by Luick to adopt Ordinance No. 664 rezoning property from R-2, single-family residential district, to R-5, single and two-family medium density residential district. Roll. call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Luick. 00.16 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 2000-11 approving the preliminary and final plat of Lakeville Family Housing Second Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan. 00.17 Motion was made by Mulvihill, seconded by Luick to approve a Planned Unit Development/Conditional Use Permit to allow more than one principal building on Lots 1 and 2, Block 1, Lakeville Family Housing Second Addition. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Sindt. 00.18 .Motion was made by Mulvihill, seconded by Ryan to approve a Grant Agreement with the Metropolitan Council for Metropolitan Livable Communities Funds and an Assignment and Assumption of Grant Agreement with the Dakota County Community Development Agency. Roll call was taken on the motion. Ayes, Luick, Ryan, Sindt, Mulvihill. ITEM 14 Father. Tiffany of All Saints Church of Lakeville requested Council approval of the final plat of All Saints Church 2°d Addition and an amendment to Conditional Use. PermitNo. 95-18 to allow the construction of an education facility expansion to the existing All Saints Catholic Church. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, .2000 PAGE 7 Mr. Sobota explained that the final plat of All Saints Catholic Church 2na Addition re-plats the existing All Saints Catholic Church plat approved in 1995 by combining Lot 1, Block 1 and Outlot A into one lot and Outlot B into two separate lots. The existing storm water management ponding area located in the southeast. corner of the site was originally anticipated to be a temporary facility. This ponding area has since been included in the City's storm water management plan as a permanent facility for storm water management and nutrient removal. The ponding area is being placed within Outlot A, which will be deeded to the City in lieu of the church paying the storm sewer area charge for final platting Outlot A. The proposed education facility expansion includes a 60,000 square foot, two level building and the construction of 46 additional parking spaces on the south side of the building addition. Landscaping will screen the proposed loading dock from. the future residential development to the west. The Planning Commission and staff recommend approval of the final plat of All Saints Catholic Church 2nd Addition and amendment to Conditional Use Permit No. 95-18. 00.19 Motion was made by Ryan, seconded by Luick to approve an amendment to Conditional Use Permit No. 95-18 to allow an education facility expansion at 19795 Holyoke Avenue and Resolution No. 2000-12 approving the final plat of All Saints Catholic Church 2nd Addition. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Luick. ITEM 15 Jim Walston provided a brief overview of the negotiations that have taken place with property owners affected by the proposed extension of Ipava Avenue from its current terminus just south of 1851 Street to Lakeville Senior High School. He explained that the project initially affected 11 property owners. Since last summer, the ownership configuration of those 11 parcels has worked its way down to four developers. With the exception of one property owner, all have consented to the City's proposal for right of way acquisition and have executed easement and special assessment agreements. Tollefson Development, Inc. withdrew the Real Estate Purchase Agreement today that had been previously reached with them. Mr. Walston recommended the City Council approve all easements, special assessment agreements and the purchase agreement with Tollefson Development, Inc.. as presented. Mr. Walston further recommended, in the interest of keeping the project on schedule, that the City Council authorize condemnation of the Tollefson property for Ipava Avenue right of way in the event a final resolution with Tollefson Development is not reached. City Engineer Keith Nelson provided an overview of the proposed Ipava Avenue parkway project. He explained that the purchase agreement with Tollefson CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 8 Development would enable the City to acquire all the property north of the 192nd/195~` Street right of way. Sanitary sewer and watermain would be extended along the new 195d' Street roadway, through the City-owned property to Ipava Avenue. If the City is unable to acquire the Tollefson parcel at this time, Ipava Avenue could be built this year, and thel92nd/195d' Street extension could be an alternate to the project for future construction. A second alternate would be the extension of utilities to Ipava Avenue along Dodd Boulevard and through the City-owned property to the north (Huffer and Janisch parcels) with no construction of 192nd/195`" Street at this time. With this scenario, 192nd Street would remain at its current location until the Tollefson parcel develops and the road is realigned. Mr. Erickson pointed out that Dakota County has agreed to fund the upgrading of Dodd Boulevard from County Road 50 to 195' Street during the 2000 construction season. Council Member Ryan stated he has not had enough time to review the information presented, particularly with regard to the Tollefson purchase agreement. He stated his only concern is the Ipava Avenue connection. He felt that purchasing the Tollefson parcel places the City in a land buy/sell business, and he felt that $55:1,000 is too much money for the City to pay for this land. He . felt that the purchase of the Huffer and Janisch parcels made sense for right-of- way development. He stated he would support condemnation of the Tollefson property for Ipava Avenue right-of--way. He stated he does not see the importance of the 192nd/195a` Street reconstruction at this time. He felt that sanitary sewer could be extended along Dodd Boulevard, and the City should let the Tollefson property develop on its own. He stated he is strongly in favor of approving all documents with the exception of the Tollefson purchase agreement. Council Member Luick asked about the City's need for the Tollefson property for wetland mitigation. Mr. Nelson explained that wetland mitigation could be taken from the City's land bank at the Water Treatment Facility. Acting Mayor Sindt stated she would like to avoid creating remnant parcels. Mr. Erickson pointed out that this project was included in the approved City of Lakeville Capital Improvement Plan. As stated in the Capital Improvement Plan, there is no affect on the City's tax rate for the City to fund its share of this project. All property owners are being treated the same for the Ipava Avenue right of way acquisition, which was $25,000 per acre for upland and $4,000 per acre for wetland. He explained that the City pursued the acquisition of the Tollefson parcel in order to close 192" d Street, which is currently a gravel road. He explained that the City Council cannot approve one agreement without approving all agreements, because the other parties do not want a condemnation award to provide Mr. Tollefson more compensation than the other parties are receiving. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 9 • Condemnation is important, however, in order to keep the project on schedule. Mr. Erickson pointed out the need to reconstruct 192"d/195~` Street to accommodate a new, safer access to Kenwood Trail Jr. High School. He urged the Council not to lose site of the central area planning, as this project has been in the process for more than two years. 00.20 Motion was made by Mulvihill, seconded by Luick to proceed with condemnation of the Tollefson parcel, approve easement and special assessment agreements and areal estate purchase agreement with Tollefson Development, Inc. for the extension of Ipava Avenue, Improvement Project 98-10. Council Member Ryan asked that this motion be divided into three separate motions, one for the easement and special assessment agreements, one for the purchase agreement with Tollefson Development and one to authorize condemnation on the Tollefson property. No roll call was taken on Motion 00.20 00.21 Motion was made by Mulvihill, seconded by Luick to approve easement and special assessment agreements and a real estate purchase agreement as outlined in Jim Walston's letter dated January 12, 2000 for the extension of Ipava Avenue, • Improvement Project 98-10. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan. 00.22 Motion was made by Mulvihill, seconded by Luick to authorize the City Attorney to proceed with condemnation of the Tollefson property associated with the extension of Ipava Avenue, Improvement Project 98-10. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Sindt. ITEM 16 Don Volk, Director of Operations & Maintenance, presented a resolution adopting a Snow and Ice Control Policy (see City of Lakeville Snow and Ice Control Policy on file in the City Clerk's office). The objective of the Snow and Ice Control Policy is to maintain city roadways .during the snow and ice season in order to ensure delivery of emergency services and provide access to the motoring public. 00.23 Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 2000-13 adopting a Snow and Ice Control Policy. Roll call was taken on the motion. Ayes, Luick, Ryan, Sindt, Mulvihill. • UNFINISHED BUSINESS None CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2000 PAGE 10 NEW BUSINESS Mr. Erickson presented a resignation from Michael Sobota, Community & Economic Development Director. He recommended the City Council consider authorizing City Planner Daryl Morey as Acting Community & Economic Development Director effective January 27, 2000 until the position is filled. 00.24 Motion by Luick, seconded by Mulvihill to receive the resignation of Community & Economic Development Director Michael Sobota and appoint City Planner Daryl Morey as Acting Community & Economic Development Director effective January 27, 2000, with compensation at Grade 18, Step 1, until the position is filled. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Luick. ANNOUNCEMENTS: Next regular Council meeting, February 7, 2000 Acting Mayor Sindt adjourned the meeting at 9:20 p.m. • Betty S' t, Acting Mayor • Respectfully submitted,