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HomeMy WebLinkAbout04-21-08CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 Mayor Dahl 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 t3ellows, Swecker, Rieb, Wulff and Mayor Dahl Also present: E. Knetsch, Assistant City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community 8, Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; T. Vonhof, Police Chief; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. Mr. Mielke stated staff has provided a revised resolution for Item No. 7 and additional correspondence for Item No. 9. Presentations/Introductions - Spotlight on Business -Economic Development Commission Member Jim Emond, Sr. presented information on FamilyHealth Medical Clinic and introduced Ken Bank, Presiders# of Northfield Hospital, Mary Crow, Vice President of Patient Services, and Bob Finke, Clinic Manager. Jon Ridge, Executive Director of the Minnesota Council of Hostelling International, provided information regarding the upcoming Ironman Bike Ride, which will take place on Sunday, April 27rn. Kevin McCarney asked the Council to proclaim May 1, 2008 National Day of Prayer in Lakeville. Council Member Wulff read the proclamation. Bobbie Niskala, Senior Cenfer President, and Candice Hojan, Senior Center Historian, asked the Council to proclaim May 2, 2008 Lakeville Senior Center Volunteer Recognition Day. Council Member Bellows read the proclamation. Chief Nelson presented the 2007 Fire Department Annual Report. Administrator Tom Kelley announced that he is retiring at the end of April and thanked the Council members, Mr. Mielke and Mr. Feller for their support over the past five years. Mr. Kelley introduced Brian Landhuis, CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 2 Paramedic Services Manager, who presented the 2007 ALF Ambulance Annual Report. Council Member Rieb read a proclamation on behalf of the City Council proclaiming April 21, 2008 Tom Kelley Day in Lakeville. Mr. Michaud presented the March monthly report of the Parks & Recreation Department. Citizens' Comments Ginny Lampert, 11062 Kenora Way, stated she felt the hearing notice for the April 7th public hearing on the application of Leiserv, Inc., d.b.a. Brunswick Zone XL-Lakeville, was incomplete. Mr. Mielke suggested the matter be referred to the City Attorney's office for a response.. Consent Agenda Mr. Mielke highlighted consent agenda items bi, bk, bm and br. 08.42 Motion was made and seconded to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the April 7, 2008 City Council meeting and the March 24, 2008 Council work session. c. March Investment Report. d. Receive minutes of the following advisory committee meetings: e. Resolution No. 08-57 amending water use rates. f. Resolution No. 08-58 authorizing the sale of city vehicles and forfeited vehicles. g. Special assessment agreement with Betty Bender, Robert Marberry and Tamara Marberry, 9850 Iteri Court West. h. Temporary on-sale liquor license for Ali Saints Church, 19795 Holyoke Avenue. CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 3 Ordinance No. 837 amending Title 3, Chapter 1 of the Lakeville City Code concerning outdoor patios. j. Agreements with the following independent contractors for the Recreation Department: • Erik Peacock, Fit Kids • Shelly Gaetz, Party Bound • Kim Maxwell, Once Upon a Star • Scott Reuter, Heritage Links • Dan McHugh, Sports Unlimited • Peter Schrock, Family Swim School • Sheryi Maize, Crystal Lake Gol€ Course • Glen Morgan, American Academy of Tae Kwon Do • Randy Otten, Dryland Hockey, Inc. • Mark M uller, 3~d Lair Skate Park • Noelle Robichon, Robichon's • Ann Graney Hoffman, Golden Ridge Stables, Inc. • Terry Schar, South Forty Archery Club • Chet Gunhus, Youth Enrichment • Mark Reamer, Adult Umpire Coordinator k. Resolution No. 08-59 authorizing purchase of a small garage from the Berres family and relocation of the building to Quigley Sime Park. Resolution No. 08-60 accepting donations to the Parks & Recreation Department. m. Joint Powers Agreement between Dakota County and the City of Lakeville for household hazardous waste collection. n. Agreement with Miracle Recreation Equipment Company for East Community Park Playground, Improvement Project 08-OS. o. Morgan Square 3~d Addition -one year extension of preliminary plat. p. Resolution No. 08-61 approving change orders for the Police Department project. q. Weed Harvesting Agreement with J & N Weed Harvesting. Resolution No. 08-62 accepting donation from Lakeville Girl Scouts to the Police Department Crime Prevention program. CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 4 Roll call was taken on the motion. Ayes, unanimous. Item 7 -Public Hearing for Certification of Delinquent Utility Accounts Mayor Dahl opened the public hearing on the certification of delinquent water, sanitary sewer, storm sewer and street lighting charges. The City Clerk attested to .legal notice publication. Finance Director Dennis Feller explained that the City can minimize its losses due to bankruptcies by certifying delinquent utility accounts to taxes. In addition to certifying the amount delinquent, the City also collects a $25 service charge to cover the cost of certification and interest at the rate of 18% per annum. The total amount of the assessment for delinquent utility accounts is $161,000.63. There were no questions from the audience. 08.43 Motion was made and seconded to close the public hearing on the certification of delinquent utility accounts. Roll call was taken on the motion. Aye, unanimous. 08.44 Motion was made and seconded to approve Resolution No. 08-63 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, unanimous. Item 8 -Heritage Commons 3~d Addition Luigi Bernardi, Heritage Commons LLC, requested Council approval of an amendment to the Heritage Commons 3~d Addition Planned Unit Development and the vacation of a sanitary sewer and public utility easement. Planning Director Daryl Morey explained that the approved PUD Development Stage Plan for Heritage Commons 3~d Addition included a motor vehicle fuel facility in conjunction with Cub Foods and a stand alone retail building. Supervalu hds since elected not to go forward with their plans for the fuel facility, so the plans have been modified to include C17Y OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 5 one slightly larger multiple tenant retail building. Due to the change in the building's position on the site, an existing sanitary sewer line is being relocated so as not to run. underneath the proposed building, and the existing sanitary sewer easement must be vacated. The Planning Commission held a public hearing and unanimously recommended approval of the PUD amendment and easement vacation. 08.45 Motion was made and seconded to approve the First Amendment to Development Contract and Planned Unit Development Agreement for Heritage Commons 3~d Addition and Resolution No. 08-64 vacating a sanitary sewer and public utility easement. Roll call was taken on the motion. Ayes, unanimous. Item 9 -Crescent Ridge Second Addition Preliminary. Plat Bob Wiegert, Paramount Engineering & Design, requested Council approval of the preliminary plat of Crescent Ridge Second Addition. Planning Director Daryl Morey presented the proposed .preliminary plat and a history of the Crescent Ridge development. The first addition preliminary plat was approved by the City Council in 2005 and included a ghost plat for the second addition. The second addition preliminary plat was approved in 2006 and included the realignment of Holyoke Avenue through the property. The developer later withdrew the second addition preliminary plat because the realignment of Holyoke Avenue through the property wqs not financially feasible. The proposed preliminary plat of Crescent Ridge Second Addition, located north of 195th Street, east of Holyoke Avenue and south of 190th Street, now includes 104 single family lots on 75 acres and does not include the realignment of Holyoke Avenue through the site. Mr. Morey explained that as part of the comprehensive plan update, an area has been identified for the future realignment of Holyoke Avenue north of 190th Street. The Planning Commission held a public hearing and addressed questions and concerns from several residents regarding the phased reconstruction of 195th Street. The Planning Commission unanimously recommended approval of the preliminary plat, provided that all of 195th Street must be upgraded to an urban section with the next phase of the Crescent Ridge CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 6 development to avoid disruption to residents who reside on the south .side of 195Th Street. Mr. Morey pointed out that the upgrade of 195Th Street will be completed by the developer at no cost to the adjoining residents. Mr. Mielke stated that three residents who live along 195Th Street have submitted correspondence to the City Council expressing their support of the Planning Commission's recommendation. Council Member Swecker stated she firmly agrees with the Planning Commission's stipulation that all of 195Th Street be upgraded with the first phase of Crescent Ridge Second Addition. 08.46 Motion was made and seconded to approve the preliminary plat of Crescent Ridge Second Addition as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, unanimous. Item 10 -Comfort Inn Sign Variance Ms. Heidi Winsor of APPRO Development, representing the applicant, requested approval of a variance to the maximum height of the freestanding sign for Comfort Inn, 17605 Kenrick Avenue. Ms. Winsor presented a list of 20 reasons why they feel the sign variance should be approved, including the removal of MnDOT's blue freeway business information. sign on I-35. She pointed out that the Cracker Barrel Restaurant has a 60-foot sign, and Holiday Inn has a 58-foot sign, both located along Interstate 35. Sunny Bhakta of Shreya Hospitality, Inc., owner of the Comfort Inn, stated that most of her customers are unfamiliar with the area and have a difficult time locating the hotel. She pleaded with the City Council to approve her variance request. Mr. Morey explained that the property is zoned C-3, General Commercial District, and is located within the Freeway Corridor District, which permits freestanding signs at a minimum of 30 feet in height. The applicant is requesting a 30-foot variance (60 foot total sign height) to allow the sign to be seen above the trees from both north and southbound traffic on I-35 and from CSAH 50. He explained that the Planning Commission reviewed the variance request and felt the proposed variance does not meet the CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 7 hardship criteria as outlined in the zoning ordinance. He explained that the Planning Commission expressed a willingness to review the sign provisions of the Freeway Corridor District when the zoning ordinance is updated in 2009. The Planning Department staff has identified several options that the property owner may wish to pursue instead of a variance, including the co-location of a freestanding sign closer to I-35 with the property owner to the west. The Planning Commission's motion to approve the variance failed on a 1-5 vote. Council Member Rieb stated she feels the Comfort Inn situation is similar to the situations that Cracker Barrel and Holiday Inn faced with respect to visibility from the freeway. She stated she feels the applicant should not have to wait until 2009 for her sign and stated she supports the variance. Mr. Morey pointed out that the ordinance has changed since the Cracker Barrel and Holiday Inn sign variances were approved more than 15 years ago. He further pointed out that there are other businesses in the area that face a similar situation as Comfort Inn. Council Member Wulff stated she feels this is a unique situation due to the reconfiguration of the interchange and removal of the freeway informational signs by MnDOT. She stated she is disappointed that MnDOT is not willing to replace the signs and that Dakota County does not allow directional signs within its right of way. She feels there is a hardship and would support the variance. Council Member Swecker asked the applicant if they have considered co-locating their sign with a nearby property owner. Ms. Bhakta stated she has contacted two businesses, who have not been responsive. Council Member Swecker stated she generally does not support variances and would rather see the sign ordinance changed to address all of the businesses in the freeway corridor district; however, she feels 2009 maybe too far out for Comfort Inn. Mr. Mielke suggested the Planning Commission and staff could be directed to review the freeway corridor commercial sign regulations of the zoning ordinance immediately and report back to the City Council with a recommendation, possibly within a 60-90 day timeframe. Mr. Morey stated they could potentially have an informal recommendation to the Council within 30-45 days. CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 8 Council Member Bellows stated he would support the variance. 08.47 Motion was made and seconded to table consideration of a sign variance for Comfort Inn, located at 17605 Kenrick Avenue, and direct the City Attorney and staff to draft Findings of Fact and Recommendation in support of the variance, for consideration at .the May 5rh City Council meeting. Roll call was taken on the motion. Ayes, unanimous. Item 11 -Lake Water Quality: Environmental Resources 2007 Annual Report and Engineering Services Agreement with Blue Water Science Environmental Resources Manager McKenzie Lafferty presented the Environmental Resources 2007 Annual Report. Steve McComas of Blue Water Science presented the status of lake water quality projects on Valley Lake, Lee Lake, Orchard Lake and Lake Marion and discussed proposed tasks for 2008. 08.48 Motion was made and seconded to receive the Environmental Resources 2007 Annual Report and approve an Agreement for Engineering Services with Blue Water Science. Roll call was taken on the motion. Ayes, unanimous. New Business 08.49 Motion was made and seconded to direct the Planning Commission and staff to review the zoning ordinance with respect to the freeway corridor commercial sign regulations and return with a recommendation as soon as possible. Roll call was taken on the motion. Ayes, unanimous. Announcements City Administrator: - Recognized the 700+ volunteers who participated in the roadside cleanup on April 19rn CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 2008 PAGE 9 - Inspections Department Deck Seminar on Saturday, April 26~" - Ironman Bike Ride on Sunday, April 27t" - Household hazardous waste drop-off on Saturday, May 3~a Mayor Dahl adjourned the meeting at 9:1 1 p.m. Respectfully submitted, r . . -v ~`"~~~`d-' Charlene Friedges, City rk