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HomeMy WebLinkAbout12-20-99 _ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,1999 Mayor Zaun called the meeting to order at 7:00 p.m. The pledge. of allegiance to the flag was given. Rollcall was taken. Present: Council Members Sindt, Mulvihill, Luick and Mayor Zaun. Absent: Council Member Ryan. Also present: R. Knutson, Gity Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & RecreationDirector; D. Martens, Chief of Police; D. Volk, Director of Operations:& Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Cierk. MINUTES The minutes of the December 6, 1999 City Council' meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEYc None ENGINEER: None ADMINISTRATOR: Mr. Erickson asked the Council to consider, under New Business, a Special Assessment Agreement with Lord of Life Lutheran Church. CHIEF OF POLICE: Chief Martens presented the November Police Department monthly report. PARKS & RECREATION DIRECTOR:.. Steve Michaud presented the November Parks & Recreation Department. monthly report. Council Member Luick suggested that when the next hunting map is printed, it should include property owner names. This can be accomplished using GTS information. PRESENTATIONS/INTRODUCTIONS None CITIZENS' COMMENTS - Randy Quinnell stated he is present on behalf of thousands of residents in Lakeville. He stated he represents a committee to repeal the snowmobile ban in the northern portion of Lakeville, and presented a petition to .that regard. He CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 .PAGE 2 o indicated that nine out of 10 (94 /o} of individuals polled are m favor of repealing the current ordinance banning snowmobiling in the northern portion of Lakeville. Mayor Zaun stated the Council could receive the. petition and discuss the matter under New Business. 99.241 Motion was made by Sindt, seconded by Mulvihill to accept the petition to repeal the current snowmobile ban in the northern portion of Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick. CONSENT AGENDA 99.242 Motion was made by Luick, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. November Investment Report. c. Receive minutes of the following advisory committee meetings: Joint EDC/EAC South Creek Subcommittee, November 9, November 23 and December 7, 1999 City Hall Building Committee, November 9 and November 16, .1999 .Environmental Affairs Committee, November 30, 1999. Planning Commission, December 2, 1999 Telecommunications Commission, December 9,1999 Parks & Recreation Committee, December 1,.1999 Meals on Wheels. Committee, November 9, 1999 d. Resolution No. 99-292 adopting 2000 fee schedule e. Agreement with State of Minnesota, Department of Administration, for plan review and inspection services for the remodeling of All Saints School. f. .Resolution No. 99-.293 authorizing transfer from the Sanitary Sewer Trunk Fund to the Water Trunk Fund. g. ResolutionNo. 99-294 authorizing transfer from the Escrow Fund to the Public Works Reserve Fund. h. Resolution No. 99-295. amending the 1999 General Fund Budget. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 3 i. Resolution No. 99-296 amending the 1999 Employee Benefit Fund Budget. J. Resolution No. 99-297 amending the 1999: Cable TV Fund Budget. k. Resolution No. 99-298 amending the 1999 Enhanced 911 Fund Budget. 1. Maintenance agreement with Southtown Refrigeration. m. Resolution No. 99-299 amending he employee handbook regarding holiday policy. n. Final acceptance of utility and street improvements, Hypointe Crossing 7~' Addition. o, Final acceptance of street improvements, Kenridge. p. Final acceptance of public street improvements, Heritage Square Addition. q. Final payment and acceptance of Ipava Avenue/185' Street intersection, Improvement Project98-7. r. Resolution No 99-300 authorizing preparation of feasibility report for Districts 5 and 6 sealcoating program, Improvement Project 2000-1. s. St. Frances Woods 7~' Addition: • Trunk sanitary sewer credits • Trunk watermain reimbursement • Trunk storm sewer credits • 205' Street reconstruction reimbursement • Kensington Boulevard construction reimbursement • Pexa Park construction reimbursement • Land payment t. Marion Fields trunk sanitary sewer credits and reimbursement and trunk storm sewer reimbursement. u. Agreement for Legal Services between the City of Lakeville. and Campbell - Knutson, Professional Association. v. Resolution No. 99-301 accepting donation. from Helm Electric, Inc. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 4 w. Resolution No. 99-302 accepting donation from Robert and Shelley Erickson. x. Renewal of mechanical amusement device licenses for 2000. y. Renewal of tree service operator licenses for 2000. z. Eighth Amendment to 1992 Joint Powers Agreement with Dakota County for 2000 Waste Abatement Community Funding. aa. Resolution No. 99-303 .supporting regional effgrts to provide transit services and transportation infrastructure to encourage "Smart Growth" within the Metropolitan Twin Cities area. bb. Lease agreement with Robert Berres to farm approximately 10 .acres of .Aronson Park. cc. Agreement with Michelle Volk, Meals on Wheels Coordinator. dd. Agreement with CAP Agency for Meals on Wheels.. ee. Agreement with South Forty Archery Club for use of Ritter Farm Park. ff. Resolutions No. 99-304 and 99-305 accepting donations from Lakeville Knights of Columbus and Lakeville Lions to the Parks & Recreation Department. gg. .Authorize submittal of application for re-designation as a Tree City USA Community. hh. Meter Reading Service Agreement with RMR Services, Inc. ii. Agreement for puppeteering services with Schiffelly Puppets. Roll. call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Zaun. ITEM 8 Mayor Zaun opened the public hearing on the renewal of on-sale liquor, club ..liquor, Sunday liquor, wine and 3.2% malt liquor licenses. Mayor Zaun indicated that Winslow's Steak, Pasta & Alehouse has withdrawn its liquor license renewal application, and the agenda. should be amended accordingly. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 5 .99.243 Motion was made by Luick, seconded by Mulvihill to modify Agenda Item. No. 8 and remove Window's Steak, Pasta & Alehouse from the list of licensed establishments. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Zaun, Sindt. .Investigator Bill Forbord presented. his report on 20001iquor license renewals dated December 17, 1999. He explained that Window's Steak,. Pasta & Alehouse withdrew its renewal application, as thelicense holder was not able to negotiate a lease with the property owner, Great Plans Lodging II, LLC. Investigator Forbord further indicated that Babe's Sportsbar & Grill and the Lakeville VFW are planning outdoor events for Pan-O-frog, similar to what has been held in the past. Brackett's Crossing Country Club is planning an outdoor event in August, andthe City Council will be asked to consider this request when further details become available. There were no questions or comments from he audienceor City Council members. 99.244 Motion was made by Luick, seconded by Sindt to close he public hearing on the renewal of on-sale liquor, club liquor, Sunday liquor, wine and- 3.2% malt liquor licenses. Roll call was taken on the motion. Ayes, Luck, Zaun, Sindt, Mulvihill: 99.245 Motion was made by Sindt; seconded by Mulvihill to grant the following. licenses for the year 2000: Babe's Sportsbar & Grill: On-sale and Sunday Liquor Brackett's Crossing Country Club: On-sale Club and Sunday Liquor: Chart House Restaurant: On-sale and Sunday Liquor Harry's Cafe: On-sale and Sunday Liquor Lakeville Family Bowl: On-sale .and Sunday Liquor Lakeville VFW: On-sale Club and Sunday Liquor Ole Piper: On-sale and .Sunday Liquor Golf Enterprises: On-sale and Sunday Wine and Malt Liquor. Holiday Station Store: Off-sale 3.2% Malt Liquor . Kwik Trip, Dodd Boulevard: Off-sale 3.2% Malt Liquor Kwik Trip, Glacier Way: Off-sale 3.2% Malt Liquor Kwik Trip, Kenrick Avenue: Off-sale 3.2% Malt Liquor Pizza Hut: On-sale 3.2% Malt Liquor SuperAmerica, Cedar Avenue: Off-.sale 3.2% Malt .Liquor SuperAmerica, Glade Avenue: Off-sale 3.2% Malt Liquor SuperAmerica, Kenrick Avenue: Off-sale 3.2% Malt Liquor Tak Shing Chinese Restaurant: On-sale Wine and Malt Liquor CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 6 Roll. call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, .Luick. .ITEM 9 - Bi11 Rosselit, representing. the Environmental Affairs Committee/South Creek Subcommittee, asked the City Council to consider authorizing Barr Engineering, to prepare a South Creek Management Plan Technical Study. Environmental Resources Coordinator Tim Brown provided an overview of the proposal submitted by Barr Engineering, which contains four major tasks. (See proposal by Barr Engineering dated December 10, 1999 on file in the City Clerk's office.) Council Member Luick asked if there is enough data on the make-up of the streambeds for modeling purposes. Mr. Brown explained that under Task 2, bulk soil characteristics would be used. For example, sand and gravel material on the subsurface will be characterized as the material between the pond and the channel. The make-up of the channel bottom itself will probably be similar, with the assumption being that the channel bottom is the same as the material that the ground water is flowing through. Council. Member Luick asked if the opportunity exists, under Task 2, to look at the. affects of surface structure (shade) on temperature. Mr. Brown stated such detail cannot be included in Task 2, but it will be possible to adjust the temperature in the pond and look at the impact to the stream. A study of the quantitative cooling aspect of shade would not be included in this study but could be looked at in the future. Mayor Zaun pointed out that proceeding with Task 4 would depend on the outcome of Tasks 1-3. 99.246 Motion was made by Luick, seconded by Sindt to authorize Barr Engineering Company to prepare a South Creek Management Plan Technical Study. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Zaun. ITEM 10 Greg Stattman, Vice Chair of the Telecommunications Commission, provided a status update. on proposed legislation concerning cable television... He explained- that Governor Ventura recently unveiled the "Ventura Administration Telecommunications Plan". This plan. is more comprehensive than the Senate bill proposed by Senator Steve Kelley. Senator Kelley is apparently considering deleting his bill and becoming the author of the Ventura bill. Therefore, the CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 7 Cable Coordinator is recommending the City Council table consideration of this item at this time. 99.247 Motion was-made by Mulvihill, seconded by Sindt to table consideration of a .resolution opposing Senate File 2133 and House File 2137 regarding cable television franchise authority. Roll call-was taken on the motion. Ayes, Mulvihill, Luick, Zaun, Sindt. ITEM 11 Dr. John Mittelsteadt requested Council approval of Oak Corner Development, consisting of two 8,200. square foot medical/dental office buildings located in the southeast corner of Kenwood Trail and 185th Street. City Planner Daryl Morey presented the staff report for Oak Corner Development. He explained that the applicants, Dr. Steve Selchow and Dr. John Mittelsteadt, plan to remove the existing office building and construct the two new buildings in its place. The site is approximatelyfive acres in size. The existing driveway would be shifted to the east end of the property, and the monument business sign would be relocated to meet setback requirements. A rezoning of a portion of the subject property from R-2, Single-Family :Residential District, to R-B, Residential Business Transition. District, is also being requested consistent with the 1998 Comprehensive Land Use Plan Update. Mr. Morey pointedout that the R-B District is the most restrictive of the City's eight commercial zoning districts. The position of the two buildings and parking lot on the west and north sides of the site will preserve a majority of the existing trees. The one-story office buildings .were designed to have a residential appearance to enhance compatibility with the adjoining single-family. homes. The City Attorney is negotiating with'the adjacent homeowner to the .east, Kathleen Vogelpohl, to purchase her house, because a 75-foot south half right-of--way dedication associated with any future upgrade of 185th Street to a four-lane. roadway will result in an extremely non-conforming setback for her house.. The development of this property will include the construction of an 8-foot bituminous trail connecting to the trail on County Road 50. The landscaping plan has been revised since the Planning Commission meeting to include a two- foot berm on the north side of the parking lot and additional spruce trees on the south side of the parking lot in response to concerns raised by nearby residents. Staff recommends approval of the vacation of existing street, drainage and utility easements, rezoning, preliminary and final plat of one commercial lot, conditional use permit o allow amedical/dental office use in the R-B District, and a planned unit development to allow the construction of more than one principal building on a lot. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999. PAGE 8 Denise Wolff, 18640 Kenwood Trail, stated she felt residents should have been notified directly in writing when'the Planning Commission considered expanding the commercial use of this property as part of the Comprehensive Plan update. She stated she appreciates what the applicant has done in response to the neighborhood's concerns. However, she stated she would like additional trees placed within the islands of the parking lot. Dr Mittelsteadt indicated that. due to the steep grade, he felt it would be difficult to maintain trees in that area. Ms. Wolff asked about the height of the parking lot lights and whether they could be shortened. Mr. Morey pointed out that. the wattage of the bulb has been reduced from 400 to 250 watts, and the fixture .will be a hooded shoe box type. Dr. Mittelsteadt stated he feels the lighting as proposed addresses safety concerns and. is acceptable. Planning Commission Chair Carl Drotning addressed the City Council regarding notification to residents of the Comprehensive Plan review process. He stated he agrees that more communication in these areas is necessary. He explained that this particular site was considered. for commercial development ..based on access and the long--term transportation plan.. Council Member Luick stated that considering. the lower wattage of the bulbs, he would strongly recommend that the parking lot light poles remain at the proposed height so that they can provide adequate lighting throughout the parking lot. Council Member Luick suggested, due to the existing grades, that the additional trees be placed on top of the hill on the Wolff s property, at their discretion, rather than on the south side of the parking lot. He suggested this. would be more effective in controlling noise from traffic on Highway 50. Dr. Mittelsteadt stated this. scenario was discussed at the Planning Commission... meeting, and they would be willing to place the trees at either location. Council Member Sindt asked about the distance between the 185' Street/Highway 50 intersection and the proposed driveway location. Mr. Erickson stated the distance is approximately 500 feet, which is acceptable to the Dakota County Plat Commission. Mayor Zaun asked about' future: use of the property in terms of commercial development. Mr. Morey indicated that any future use of the property, other than what is currently described in the conditional use permit, would.. require Council approval through the conditional use permit. process. Mayor Zaun also. asked about access to the property with respect to the future upgrading of County Road 60. Mr. Morey stated the potential exists that this access could CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 9 become aright-in/right-out only access if a median is constructed on County Road 60. 99.248 .Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve the following with regard to Oak Corner Development: • Resolution No. 99-307 vacating public street, drainage and utility easements; • Ordinance No~ 663 rezoning property. from R-2, Single-Family Residential District, to R-B, Residential-Business Transition District; • Resolution No. 99-308 approving the preliminary and final plat of Oak Corner Development • Conditional Use Permit to allow an office use in the R-B District • Planned Unit Development to allow two principal. buildin~s on one lot, located in the southeast corner of Kenwood Trail and 1851 Street. Roll call was taken on the motion.. Ayes, Luick, Zaun, Sindt, Mulvihill. ITEM.` 12 Lea Guenther, Public Information Coordinator, provided an overview of the proposed Comprehensive Communications Plan. (See City of Lakeville Comprehensive Communications Plan - 2000 dated, December 1999 on file in the City Clerk's office.) Council Member Mulvihill stated she supports sending out the Resident Guidebook and Comprehensive Plan to all residents.. She commented that while the City has used many means of communication, the community survey recently indicated a decline in receipt and/or readership of City: communication. She suggested the City continue to evaluate the effectiveness of its Messages page, and stated she would welcome input from the public. with regard to the Comprehensive Communications Plan. 99.249 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 99-309 adopting the City of Lakeville Comprehensive Communications Plan - 2000. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick: ITEM 13 Finance. Director Dennis Feller presented resolutions. adopting the 2000 budgets and tax levy, which are consistent with the information presented at the December 13~' truth in taxation public hearing. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20,.1999 PAGE 10 99.250 Motion was made by Sindt, seconded by Mulvihill to approve the following: Resolution No. 99-310 adopting the 2000 General Fund Budget Resolution No. 99-31 l adopting the 2000 Cable TV Fund Budget Resolution No. 99-.312 adopting the- 2000 Environmental Recycling Fund Budget Resolution No. 99-313 adopting the 2000. Drug Enforcement Fund Budget Resolution No. 99-314 adopting the 2000 Employee Benefit Fund Budget Resolution No. 99-315 adopting the 2000 GIS FundBudget Resolution No. 99-316 adopting the 2000 Surface Water Management Utility Fund Budget Resolution No. 99-317 adopting the 2000 Oak Wilt Suppression Grant Fund Budget Resolution No. 99-318 adopting the 2000. Enhanced 911 Fund Budget Resolution No, 99-319 adopting the 2004 Economic Development Revolving Loan Fund Budget Resolution No. 99-320 adopting the 2000 Downtown Special Service District Fund Budget Resolution No. 99-321 adopting the 2000 Municipal Reserves Fund. Budget Resolution No. 99-322 adopting the 2000 Equipment Fund Budget Resolution No. 99-323 adopting the 2000 Building Fund Budget Resolution No. 99-324 adopting the 2000 Park Development Fund Budget ResolutionNo. 99-325 adopting the 2000 Liquor Fund Budget Resolution No. 99-326. adopting the 2000 Water Qperating Fund Budget Resolution No. 99-327 adopting the 2000 Sanitary Sewer Operating Fund .Budget Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Zaun. ITEM 14 99.251. Motion was made by Luick, seconded by Mulvihill to approve. Resolution No. 99-328 adopting the year 2000 tax levy. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Zaun, Sindt. ITEM 15 99.252 Motion was made by Mulvihill, seconded by Luick to hold a Council work session on Monday, January 3, 2000 at 5:00 p.m. Roll call was taken on the motion.. Ayes, Luick, Zaun,`Sndt, Mulvihill. UNFINISHED BUSINESS None CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 11 NEW BUSINESS Mr. Sobota presented. a proposed administrative subdivision and special assessment agreement with Lord of Life Lutheran Church of Farmington for a portion of the Rechtzigel property at the corner of Pilot Knob Road and Dodd Boulevard. Church representatives have been negotiating with D.R. Horton, a residential developer, who will be purchasing the surrounding property from the Rechtzigels. The two parties have agreed to coordinate development of the church site and a future residential subdivision on the property. The special.. assessment agreement is important in protecting the City's interest in the. collection of lateral access and trunk sterm sewer area charges. 99.253 Motion was made by Sindt, seconded by Luick to approve a Special Assessment Agreement with Lord of Life Lutheran Church of Farmington for property located at the corner of Pilot Knob Road and. Dodd Boulevard. Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Luck. Council Members addressed the petition received under Citizens' Comments requesting repeal of the ordinance banning snowmobiling in the northern portion of Lakeville. Ma or Zaun stated he feels the snowmobile ban in the northern ortion of Y p- Lakeville needs to continue as adopted by the City Council. He stated he does not want to move toward a total ban in the community; and good common sense by the snowmobilers will help. prevent that. He pointed out that there are many areas in the city that are still open for snowmobiling and will be for. years, barring any safety concerns. _He stated in his opinion, common sense dictates that the City continue. its ban in the northern portion of Lakeville. Mr. Erickson stated that school administrators from the elementary schools have expressed concerns with regard to snowmobilers trespassing on sidewalks and boulevaxds. He pointed out that one-third of the area outside of the ban can be preserved for snowmobiling for many years to come... The Lakeville Sno Trackers.Snowmobile Club needs the help of the residents in evaluating opportunities for future trail corridors. Mr. Erickson suggested that residents put their energy toward helping the Sno Trackers instead of circulating petitions. Council Member Mulvihill stated she raised the snowmobile issue several years ago because of safety concerns. By banning snowmobiling in the more densely populated areas of Lakeville, the City. can help the snowmobile community preserve this sport for many years. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1999 PAGE 12 Council Member Sindt asked about the sto si n for traffic comin out of Kwik P g g Trip on Dodd Boulevard, which was taken down during intersection reconstruction. Mr. Volk will follow up. ANNOUNCEMENTS: Next regular Council meeting, January 3, 2000 Mayor Zaun adjourned the Council meeting at 9:10 p:m. Respectfully submitted, Charlene Friedges, City Cl Duane 2aun, Mayo