HomeMy WebLinkAbout10-18-99 CITY OF LAKEVILLE COUNCIL MEETING
• OCTOBER 18, 1999
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,
Luick and Mayor Zaun.
Also present: R. Knutson, City Attorney; R. 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; F. Dempsey, Associate Planner; R.
Mullenbach, Associate Planner;. R. Erpelding, Economic Development
Coordinator; L. Gustafson, Assessment Clerk; J. Hennen, Administrative
Assistant; C. Friedges, City Clerk.
MINUTES
The minutes of the October 4, 1999 City Council meeting were approved
• with a correction to Page 9, Paragraph L, to read, "The hours of
operation of the banquet facility shall .not exceed the following".
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: None
PARKS & RECREATION DIRECTOR: Mr, Michaud presented the
September Parks & Recreation Department monthly report.
CHIEF Of POLICE: Chief Martens presented. the September Police
Department monthly report.
PRESENTATIONS/INTRODUCTIONS
Bob Brantly, representing the, City's Economic Development
Commission, presented a proclamation for Manufacturers Week. Mayor
Zaun read the proclamation for Manufacturers Week 1999, titled
• "Creating .Your World".
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 2
99.192 Motion was made by Mulvihill, seconded by Ryan to proclaim the week
of October 25-29 as Manufacturers Week in Lakeville.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill,
Luick.
CITIZENS' COMMENTS Carla Rokke, 17701 Kenyon Avenue W. #2,
' expressed concerns about the increased traffic flow on 1851h Street from
the west near Kenyon Avenue, She was also concerned about vehicles
on 185t" Street blocking Kenyon Avenue and the speed of traffic along
185t" Street. She requested that a stop sign be placed on 185t" Street at
Kenyon Avenue. Mayor Zaun indicated that the Council would discuss
this matter under New Business.
CONSENT AGENDA
Council member Luick asked that Item 7h be removed from the consent
agenda. Council members added Items 10, 11 and 12 to the consent
agenda.
• 99.193 Motion. was made by Sindt, seconded by Mulvihill to approve the consent
agenda items as follows:
a. Claims for payment
b. September Investment Report
c. Receive minutes of the following advisory committee meetings:
Planning Commission, October 7, 1999
Parks & Recreation .Committee, October 6, 1999
Ames Ice Arena Committee, October 6, 1999
d. Temporary slope easement with Stewart Properties for roadway,
.drainage and utility construction purposes.
e. Senior citizen assessment deferments with Rhena Benolkin and
Dorraine Dircks.
f. Resolution No. 99-242 calling a public hearing on proposed
assessments for weed and grass removal
g. Resolution No. 99-243 approving a gambling permit for
Bloomington Lions Club.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 3
i
h. (Removed from the consent agenda).
i. Resolution No. 99-244 accepting a safe long-arm grant from the
Minnesota Institute of Public Health to the Police Department.
j. Resolution No. 99-245 accepting a donation from the Dakota
County 4-H Federation to the Police Department.
k. Authorize submittal of a grant application to the Minnesota DNR for
paving Orchard Lake Park access and parking lots.
L Change Order No. 2 with Rosti Construction for Improvement
Project 98-17, Klamath Trail multi-purpose trail way.
m. Resolution No. 99-246 accepting a donation from Hostelling
International to the Parks & Recreation Department.
n. Resolution. No. 99-247 accepting donation from VFW Post 210 to
the Parks & Recreation Department.
• o. Cancel the October 28, .1999 budget work session.
p. Cancel the November 29, 1999 Council work session, and set a
Council work session for December 2, 1999 at 5:00 p.m.
10. Receive the Planning Commission's Findings of Fact and
Recommendation and approve a Conditional Use Permit to allow
the construction of a detached accessory building and a second
driveway access at 12299 Lucerne Trail
11. Receive the Planning Commission's Findings of Fact and
Recommendation and approve a Planned Unit Development
Conditional Use Permit for US West Wireless to allow the
construction of a cellular telephone tower antenna at Minnesota
Valley Free Lutheran Church, 16075 Highview Avenue.
12. Amendment to Conditional Use Permit No. 98-33 to extend the
completion time for the installation of the Hamburg Avenue
transmission power lines between County Road 50 and County
Road 70; and to allow the installation of temporary 115 kilovolt
transmission power poles and lines on the. east side of Cedar
Avenue near the intersection of Cedar Avenue and 202"d Street
West, Great River Energy (formerly Cooperative Power
Association) and Northern States Power Company.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 4
i
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick,
Ryan.
ITEM 8
Mayor Zaun opened the public hearing on the proposed assessments for
streetlights on 161St Street West, Upper 161St Street West and Jacquara
Avenue, Improvement Project 99-11. The City Clerk attested to legal
notices being duly published and mailed.
City Engineer Keith Nelson presented the proposed assessments for
Improvement Project 99-11. The total cost for installation of streetlights.
was $11,000. The total amount being assessed is $11,248.00, which
includes the Dakota County administrative. fee of $4.00 per parcel
Sixty-eight units are being assessed, resulting in a unit assessment of
$165.76.
Finance Director Dennis Feller indicated the assessment is proposed
over atwo-year period at seven percent interest.. Residents can pre-pay
their assessment within 30 days to avoid paying interest and the $4.00
Dakota County administrative fee.
Mr. Jim Mihalek, 10012-161St Street West, voiced his oppositionto the
streetlights in his neighborhood. He stated he feels the street lights
provide no benefit to his house. He went on to explain that he owns a
duplex on a single parcel of property, but is being assessed for two units.
He felt that since the value of his duplex is comparable to single-family
.homes in the neighborhood, he should only be assessed for one unit.
Mr. Knutson explained that Mr. Mihalek could file a written objection to
the district court if he opposes the assessment on his property. A
signed, written objection would need to be presented to the City Council
in order to reserve the property owner's right to appeal
99.194 Motion was made by Sindt, seconded by Mulvihill to accept the letter
from Jim Mihalek, 10012 - 161St Street W., objecting to the proposed
assessments to his property for streetlights.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan,
Zaun.
99,195 Motion was made by Luick, seconded by Sindt to close the public.
hearing on the .proposed assessments for street lighting, Improvement
i Project 99-11.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 5
Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun,
Sindt.
.99.196 Motion was made by Luick, seconded by Sindt to approve Resolution
No. 99-248 adopting assessments for Improvement Project 99=11, street
lights on 161St Street West,. Upper 161St Street West and Jacquara
Avenue.
Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt,
Mulvihill
ITEM 9
Mayor Zaun opened the public hearing on the proposed assessments for
Districts 3 and 4 sealcoating and overlay, Improvement Project 98-1.
The City Clerk attested to legal notices being duly published and mailed.
Mr. Nelson. provided an overview of the proposed assessments for
sealcoating and overlay improvements in Districts 3 and 4. The total
project cost was $408,580.02, and the amount proposed to be assessed
is $89,002.73. The remaining costs are financed through the City's
public works reserve fund. The total assessment for asingle-family
home is $103.17. There are approximately 710 single-family units, 16
twinhome units, 79 townhome units, a number of large single family lots.
and several large parcels. Large parcels are assessed a unit ($99.17)
for every 85 feet of frontage.
Mr. Feller stated the sealcoating assessments are proposed over a two
year period at seven percent interest. Afterthe 30-day prepayment
.period has expired, the assessments will be certified to the County
Auditor for collection with taxes payable in 2000.
There were no questions or comments from the City Council or members
of the audience.
99.197 Motion was made by Sindt, seconded by Luick to close the public
hearing on proposed assessments for improvement Project 98-1.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill,
Luick.
99.198 Motion was made by Luick, seconded by Sindf to approve Resolution
No. 99-249. adopting assessments for Improvement Project 98-1,
Districts 3 and 4 sealcoating and overlay.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 6
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick,
Ryan.
ITEM 13
William Fink, F & L Enterprises, requested Council approval of a
conditional use permit amendment for increased outside storage and
elimination of future buildings identified on the previously approved site
plan. He also requested that an existing storage building. on the
southeast corner of the property, which was scheduled for removal, be
retained. Mr. Fink indicated that F &,L Enterprises agrees to all the.
stipulations recommended by the Planning Commission and City staff.
Ron Mul enbach, Associate Planner, provided an overview of the
proposed conditional use permit amendment for F & L Enterprises,
located at 21980 Kenrick Avenue. The Planning Commission pointed
out several issues still outstanding from the original conditional use
permit. The Planning Commission had tabled the conditional use permit
amendment to allow time for staff to work with the applicant to address
these outstanding issues. Some concerns had been raised by residents
to the south regarding screening of the site. The applicant has agreed to
• work with the neighbor and increase the screening along the south
property line. The Planning Commission subsequently-recommended
approval of the conditional use permit amendment subject to nine
conditions. One of the conditions recommended by the Planning
Commission involved submittal of a revised site plan. The applicant has
. since submitted the revised site plan. Staff recommends execution of a
Site Development Agreement with F & L Enterprises, which includes a
$25,000 letter of credit to assure the site is developed in accordance
with the revised site. plan.
Council Member Sindt asked if the original conditional use permit.
contained any stipulations regarding berming or trees along the south
property line. Mr. Sobota stated trees were initially required along the
north property line; and additional trees are being added along the south
and east property lines as part of the amended conditional use permit.
Mr. Fink explained that the neighboring property owner had a concern
regarding noise on his property during the night and assumed it was due
to F & L Enterprises running a late shift. He stated he told the property
owner that they do not have a second shift, and any noise coming from
his property after 10:00 p.m. should be reported to the Police
Department..
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 7
• Council Member Luick asked Mr. Fink if he concurs with the stipulations
and timeline as recommended. Mr. Fink indicated that many of the
stipulations have already been met, and the remainder would be
completed within .the required timeline.
99.199 Motion was made by Luick, seconded by Mulvihill to approve a Site
Development Agreement and Amended Conditional Use Permit for F & L
.Enterprises, 21980 Kenrick Avenue.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan,
Zaun.
ITEM 14
Mr. Erickson presented a proposed Real Estate Purchase Agreement
with All Saints Church. The agreement provides for the City's purchase
of Hart Hall fo,r conversion to an Arts Center. The City would take.
possession of the school and vacant land on May 1, 2000, the. convent
on June 15, 2000 and Hart Hall, the rectory and garage on September 1,
2000. The Arts Center would be located in the upper and lower levels of .
Hart Hall. The rectory would become the new home of the Lakeville
• Historical Society, and the rectory garage would be used for storage of
props, etc. for the theater. The. convent would be razed to provide for
additional parking on the site. The vacant land would provide parking for.
the Arts Center, as welt as overflow parking for the downtown area.
Independent School District 194 is interested in converting the All Saints
school into an adult education facility; and alease/purchase
arrangement is currently being considered between the City and ISD
194.
Mr. Erickson explained that the property is being purchased for
$1,216,000, as identified by the appraisals for both parties. The City's
2000 budget includes funding for an Arts Center Coordinator position.
An application has been submitted to the State of Minnesota fora
$500,000 grant for the arts center. Funding will also involve the use of
tax increment financing, which was identified and established
approximately 10 years ago from the Southfork project:
Council Member Luick asked if the $1 million liability insurance
referenced on Page 7 of the agreement would provide sufficient
coverage. Mr. Knutson stated he feels satisfied that $1 million would. be
adequate.
•
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 8
Council Member Luick pointed out an error on Page 8 of the agreement,
Item No. 5, "Kitchen appliances....inc/udingslnks..." Mr. Knutson will
make the correction.
Council Member Ryan expressed his appreciation to church officials. He
stated he feels, without a doubt, that this is a good move for the City.
Council Members Sindt and Mulvihill expressed their appreciation for the
preservation of this historic building.
Mayor Zaun suggested .staff research and pursue a future Arts
Foundation organization.
Father Tiffany of All Saints Church stated he felt the acquisition process
was thoughtful and well researched. He expressed his support for the
future use of the church as an Arts Center.
99.200 Motion was made by Sindt, seconded by Mulvihill to approve a Real
Estate Purchase Agreement with the Church of All Saints of Lakeville,
Minnesota.
Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun,
. Sindt.
ITEM 15
Mr. Sobota presented a proposal by Barton-Aschman to conduct a
parking study for the downtown area. Community Development Block
Grant funds were reallocated in 1998 from the Septic System
.Improvement Program to a Downtown Lakeville Housing Study and
Parking Project. The proposed study would analyze long-term strategies
for-future off-street parking in downtown Lakeville. Through the
Downtown Lakeville Parking Study, the City will have an updated parking
inventory, parking occupancy and turn-over data, parking demand. model
and options for meeting future parking needs.
Rod Borg and Greg Peterka, President and Vice President of the
Downtown Lakeville Business Association, expressed support of the
proposed parking study on behalf of the DLBA.
Council Member Ryan pointed out that City parking ordinances do not
currently apply to downtown, given the fact that downtown is a special,
historic area.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 9
Council Member. Mulvihill stated she feels Lakeville is fortunate to have a
"downtown". Therefore, it is imperative that adequate parking be
provided for current and future development.
99.201 Motion was made by Mulvihill, seconded by Luick to approve a contract
with Barton-Aschman Associates, Inc. for a Downtown Lakeville Parking
Study.
Roll call was taken on the motion. Ayes, Luick,. Ryan, Zaun, Sindt,
Mulvihill
ITEM 7H
Mr. Nelson explained that the most significant revision to the Black Dog
Watershed Management Organization (WMO) Joint Powers Agreement.
is that it incorporates approximately 3,700 acres of land in Burnsville and
Lakeville that was formerly part of the Credit River WMO. The Credit
River WMO dissolved last year, and the portion located within Scott
County was taken over by the. County. Due to the expanded boundary,
Lakeville's share of the watershed area will increase from 10.73 to 21,15
percent. Accordingly, the City's share of the $89,000 membership dues
will increase from 9.56% to 18.25%. This new amount has been
budgeted in the City's Surface Water Management Fund for the years
2000 and 2001. Half of the contribution is based on area, while the other
half is based on assessed value. Mr. Nelson pointed out that Lakeville
will no longer be contributing to the Credit River WMO.
99.202 Motion was made by Luick, seconded by Sindt to approve the Revised
and Restated Joint Powers Agreement for the Black Dog Watershed
Management Organization.
Roll call was taken on the motion. Ayes; Ryan, Zaun, Sindt, Mulvihill,
Luick.
UNFINISHED BUSINESS None
NEW BUSINESS
In response to concerns raised by Carla Rokke under Citizens'
Comments, the City Engineer outlined the proposed improvements for
185t" Street (CSAH 60) at I-35, including reconstruction of the bridge and
expanding 185t" Street to a four-lane divided roadway. He pointed out.
that 185t" Street is a Dakota County roadway. Temporary traffic signals
are planned to be installed at the freeway ramps next spring. An
additional signal at the Kenyon Avenue intersection, he stated, would not '
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 10
. be feasible, due to its close proximity to the freeway ramp. He explained
that there are plans to relocate the frontage road (Kenyon Avenue)
further to the west in the future when the Mid-America Festivals property
develops. Kenyon Avenue could be realigned along 184tH Street to the
proposed Kingsway Path, connecting with Knollwood Circle to the south
ofi 185tH Street. This would provide adequate spacing for signals at this
intersection in the future.
Council Member Mulvihill stated she would like to see an immediate
solution to the concerns raised by Ms. Rokke. She agreed that the
situation would become dangerous this winter for traffic entering 185tH
Street from Kenyon Avenue. She also questioned how signals at the
ramps would help the Kenyon Avenue intersection. Mr. Erickson
explained that the signals would help move traffic and create gaps for
traffic entering 185tH Street off of Kenyon. Avenue.
Council Member Luick reiterated Ms. Rokke's concern that traffic on
185tH Street is blocking the Kenyon Avenue intersection. He suggested
a sign be posted to help alleviate that problem.. Mayor Zaun indicated he
would be meeting with County Commissioner Paul Krause and will relay
these concerns to him.
. OTHER NEW BUSINESS
Council Member Luick referenced a letter that was sent to the Lakeville
Planning Commission from the Minnesota Department ofi Natural
Resources regarding a dewatering permit violation in Airlake Fourth
Addition. He expressed disappointment that this violation occurred, after
the City Council and staff worked hard to review and monitor the South
Creek trout stream issues.
Council Member Luick asked the City Engineer how the City handles the
de-watering process. Mr. Nelson stated that according to the City's
standard specifications, the contractor is responsible for obtaining a de-
watering permit from the DNR.
Mayor Zaun asked the Council if the letter of response written by the
City's Environmental Resources Coordinator is appropriate.
Council Member Mulvihill voiced her disappointment at the tone of the
DNR letter, which was directed toward. the City staff and Council. She
pointed out that Ryan Contracting was involved in the violation and
stated she feels the City was put in an awkward position, in light of the
fact that Tom Ryan is a member of the City Council
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 18, 1999
PAGE 11
• Mr. Erickson suggested, due to the likelihood that a citation for this
violation may be issued, that the City staff should not get involved. He
suggested Joel Jamnik from the City Attorney's office review the matter
and prepare a .response to the DNR.
99.203 Motion was made by Sindt, seconded by Mulvihill to direct Joel Jamnik
to review and respond to the October 6, 1999 letter to the Planning
Commission from the Minnesota Department of Natural Resources
regarding dewatering for. utility installation at Airlake 4th Addition.
Council Member Mulvihill amended the motion to include direction on
how to prevent these types of situations from happening in the future.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick,
Ryan.
ANNOUNCEMENTS Next regular Council meeting, November 1, 1999
Budget work session, October 19, 1999, 7:30 a.m.
Mayor Zaun adjourned the meeting at 9:42 p.m.
Respectfully submitted,
i
Charlene Friedges, City Jerk
Duane Zaun, Mayor