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CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 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; D. Morey, Planner; F. Dempsey, Associate
Planner; R. Wawrzon, Police Research Analyst; J. Hennen,
Administrative Assistant; C. Friedges, City Clerk.
MINUTES
The minutes of the September 20, 1999 City Council meeting and the
August 30, 1999 Council work session were approved as presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: Mr. Erickson provided additional information for
Agenda Item 9, which included an updated certification list and
resolution certifying the delinquent amount.
DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented
the September monthly report of the Operations & Maintenance
Department. Council Member Ryan asked-about the significant increase
in the monthly electric bill at the Water Treatment Facility. Mr. Volk
stated he would follow up.
PRESENTATIONS/INTRODUCTIONS
Mayor Zaun presented a plaque to Ace Raymond, recognizing 10 years
of service on the Parks & Recreation Committee.
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CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 2 '
Ma or Zaun resented a roclamation fior Cities Week, October 10-16,
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1999.
99.177 Motion- was made by Sindt, seconded by Luick to proclaim the week of
October 10-16, 1999 as Cities Week in Lakeville.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill,
Luick.
CITIZENS' COMMENTS None
CONSENT AGENDA
99.178 Motion was made by Mulvihill, seconded by Sindt to approve the consent
agenda items as follows:
a. Claims for payment.
b. Receive minutes of the following advisory committee. meetings:
,Environmental Affairs Committee, September 14,1999
Parks & Recreation Committee, September 15, 1999
• Planning Commission, September 16, 1999
Meals on Wheels Committee, September 14, 1999
Hunting Committee, September 28, 1999
c. Resolution No. 99-232 approving a grant agreement with the
Minnesota DNR for northeast sector park acquisition.
d. Dakota County Community Landfill Abatement Base Fund and
Container Fund applications for the year 2000.
e. Joint Powers Agreement with the Dakota County Drug Task Force.
f. Resolution No. 99-233 approving application for conveyance of tax
forfeited land and certification of classification of forfeited lands.
g. Resolutions No. 99-234 and 99-235 accepting donations to the
Parks. & Recreation Department from Enggren's Super Valu and
Norwest Bank Lakeville.
h. Wetland Conservation Act permit decision for the Ipava Avenue
extension, Improvement Project 98-10.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 3
• i. Final acceptance of improvements and final payment for rolling
Oaks Park and Meadows Park hockey rink paving, Improvement
Project 99-2.
j. Second Amendment to the Lakeville-Farmington Joint Public Safety
Dispatch Agreement.
k. Conditional use .permit extension for an adult basic education, pre-
school education, early childhood family education and child care
facility in the Kenwood Center, Independent School District 194.
L Resolution No. 99-236 authorizing sale of 1981 Mack tandem axle
truck with water tank.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick,
Ryan.
ITEM 8
Mayor Zaun opened the public hearing on a tax rate increase for the
1999 tax levy, collectible in 2000.
Finance Director Dennis Feller explained that-anew state law requires.
that all counties and cities over 500 population conduct a public hearing.
and pass a resolution if the levy for the subsequent year will result in a
tax rate increase. This provision was passed in response to concerns
than cities and counties were claiming they were freezing taxes when, in
fact, the levy was increasing but being offset by tax base growth. Mr.
Feller went on to explain that the calculations are based on formulas
provided by the State of Minnesota. They do not take into consideration
the City's .population growth and the Legislature's inequitable allocation
of state aids for property tax relief. In spite of the tax ra#e hearing, cities
are still required. to conduct Truth in Taxation .hearings in December.
99.179 Motion was made by Sindt, seconded by Mulvihill to close the public
.hearing on the tax rate increase. for the 1999 tax levy, collectible in 2000.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan,
Zaun.
99.180 Motion was made by Mulvihill, seconded by Luick to approve Resolution
No. 99-237 authorizing a tax rate increase for the 1999 tax levy,
collectible in 2000.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 4
• Roll call was taken on the motion. A es Mulvihill Luick R an Zaun
y y ,
Sindt.
ITEM 9
Mayor Zaun opened the public hearing on the certification of delinquent
utility accounts. The City Clerk attested to legal notices being duly
published and mailed.
Mr. Feller explained that the list of certified accounts includes all open
accounts that are at least $10 or greater and at least 60 days past due
as of June 4, 1999. The list also includes all closed accounts that are
delinquent. The amount proposed to be certified is $36,311.09. In
addition to certifying the amount delinquent, the City also collects a $25
service charge to cover the cost of certification and interest at a rate of
18% per annum.
There were no questions or comments from Council members or
member of the audience.
99.181 Motion was made by Luick, seconded by Mulvihill: to close the public
hearing on the certification of delinquent utility accounts.
Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun,
Sindt.
99.182 Motion was made by Luick, seconded by Sindt to approve Resolution
No. 99-238 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, Luick, Ryan, Zaun, Sindt,
Mulvihill
ITEM 10
Mr. John Brandt, attorney representing Crystal Lake Country Club, Inc.,
requested Council consideration of an expansion to the Crystal Lake
Golf Clubhouse for a food and banquet addition and an expansion of the
parking lot to accommodate the food and banquet addition parking
requirements. Mr. Brandt provided a procedural history of the Crystal
Lake Golf Clubhouse, which was initially approved by the City of
Lakeville as part of a Planned Unit Development (PUD) in 19991. He
indicated that the initial drawings for the clubhouse included construction
of a .proposed addition. The developer, at that time, was required to post
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 5
a substantial letter of credit assurin the construction of a clubhouse.
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The clubhouse was designed to include food service, a meeting facility,
banquet facility and service of alcoholic beverages.
Mr. Brandt went on to explain that the original application to the Planning
Commission was for an expansion of the clubhouse facility and an
amendment to the original plat approved in 1995 for a parking lot
expansion. Subsequently, with the reconfiguration of the parking lot on
the clubhouse property, it was determined that the plat amendment was
not necessary. He stated he had indicated at that time that he felt the
Planned Unit Development amendment was not necessary. The zoning
for the facility was approved in 1992, and the current and intended use
of the facility is in conformance with that zoning. He stated it is their
feeling that the application under consideration. is for a building permit
and, as such, the applicant must comply with local ordinances and
building code requirements for construction of the proposed addition,
which is currently allowed at that location under the existing zoning.
Mr. Brandt stated that even though they are of the opinion that a PUD
amendment is not required, the applicant has agreed to the 17 terms
and conditions outlined in the proposed. Fourth Amendment to Planned..
Unit Development Permit Agreement. However, he indicated the
applicant would like the opportunity to request, at some future time, that
the hours of operation. be extended.
Mayor Zaun reviewed .Stipulations A-Q of the Fourth Amendment to
Planned Unit Development Permit Agreement dated 9/30/99 as
forwarded to the City Council by the Planning Commission.
Mayor Zaun asked the City Attorney to clarify whether this project
requires a rezoning or PUD amendment as stated by Mr. Brandt.
City Attorney Roger Knutson. explained that the initial application
.involved a major change in the original Crystal Lake Golf Course plat,
since additional parking for the banquet facility was proposed to be
located outside the initial plat boundaries. As the process evolved at the
Planning Commission level, the applicant decided to keep the parking
within the boundaries of the original plat. Therefore, the applicant's
attorney withdrew the application for plat amendment, which changed.
the nature of the application to what really is, in most respects, a site
plan amendment. That action officially occurred at the September 16tH
Planning Commission meeting. As such, there no longer exists a
request for a rezoning or change in the PUD designation. Mr. Knutson
referenced two other commercial PUD's within the city, Friedges
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 6
Landscaping and Jackson Landsca in , whereb modifications were
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processed administratively as site plan amendments.
Mr. Brandt clarified that the facility currently has a strong beer and wine
license. They currently serve Intoxicating liquor only by the use of
catering facilities. With this amendment, they would only serve wine and
strong beer, as their current license indicates.
Council Member Ryan asked if the establishment would need a separate
permit to have live music. Mr. Erickson explained that the City recently
adopted an ordinance dealing with outdoor entertainment. This was
prompted, he explained, when the City Council denied a request for an
outdoor band and tent at Crystal Lake Golf Club a couple years ago. A
request for live entertainment indoors would need to be processed with
the establishment's beer and wine license renewal
Council Member Sindt asked about the requirement that a uniformed
police officer be on site for .any function of .150 or more .patrons. Mr.
Erickson stated this requirement is the first of its kind in Lakeville and
unique to Crystal Lake Golf.
• Glen-Nord, attorney representing the Crystal Lake Golf Estates
neighborhood, stated he feels the procedural issue referenced by Mr.
Brandt needs to_be clarified. He stated he and his clients were lead to
believe by the City Attorney and staff that this expansion project involved
a request for rezoning. Their position is that this is in fact a rezoning,
and they object to it.
Mr. Knutson again explained that the initial application involved a plat
amendment. That portion of the application was later withdrawn, which
changed the nature of the request.
Mary Simonson, 16599 Imperial Court, representing the residents of
Crystal Lake Golf Estates, asked for clarification as to whether the action
being requested is or is not a PUD .amendment. She urged the City
Council to uphold the original PUD agreement and deny the request for
"a banquet facility expansion. The residents feel this is a significant
change in operation, and the impact of a year-round .banquet facility
would be significant with respect to noise, hours of operation, trafFc,
parking and alcohol consumption.
Council Member Sindt asked how the original PUD agreement allows the
clubhouse to operate. Mr. Knutson stated the original PUD allows the
clubhouse to operate 12 months a year. If the City were to deny the
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 7
• application for an expansion and the matter was challenged in court, the
applicant could be granted a building permit without stipulations.
Mr. Nord pointed out that the original application for a beer and wine
license did not include a banquet facility or a fuA-scale operation. He
stated he felt the Council members would not have approved that beer
and wine license had they known about this proposed expansion.
Patti Brion, 16726 Innsbrook Drive, stated that when the City Attorney
was asked at the August 16~' Planning Commission meeting whether or
not this matter involves a rezoning, he had indicated that it does. She
pointed out that the re-design of the parking lot had already been
submitted to the staff and Planning Commission at that point. She asked
why now it is not considered a rezoning. Mr. Knutson reiterated that on
August 16th, the request for a plat amendment had not yet been
withdrawn and was still being processed.
Council Member Ryan voiced. his frustration with Planned Unit
Developments, as they appear to allow the property owners to do what
they want subject to staff review. He feels the PUD as originally written
for Crystal Lake .Golf was inadequate, did not have the proper controls,
and is being abused at this point. He stated he was concerned by Mr.
Brandt's comment that the applicant plans. to request an extension of the
hours of operation. He stated he would object to any amendment that.
would allow the use to be expanded to something other than what is
already in place.
Council Member t_uick pointed out the benefit to the residents by
approving the expansion with the attached stipulations, versus releasing
the applicant back to the original PUD, which does not contain these
stipulations.
Council Member Mulvihill stated she feels the process has not been
wasted. Some very restrictive stipulations can now be put in place that
may not have been included if this hadn't been treated as a PUD
amendment. She stated she feels the request does not change the type
of land use, but rather an expansion of the existing use. She stated in
her opinion, before any extension of the hours of operation would be
granted, the applicant needs to re-establish some credibility with the
residents. She stated she also feels that if this matter were to end up in
court, the applicant would be granted exactly what he wants, and none
of these stipulations would exist.
Mr. Erickson stated that when he was advised that the applicant
reconfigured the parking lot and withdrew the request for a plat
CITY OF LAKEVILLE COUNCIL MEETING.
OCTOBER 4, 1999
PAGE 8
amendment, he had felt that the moral) correct thin to do was to
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remain in the PUD amendment process.. He felt this was in keeping with
what has been done .historically with this PUD and neighborhood. He
stated he felt the process has been worthwhile.. He pointed out that in
reviewing the file, when the original PUD was approved, the developer
had the right to operate the clubhouse 365 days a year, seven days a
week. The hours of operation, he stated, are not currently governed by
the PUD.
A pre-recorded presentation by Carl Drotning, Planning .Commission
Chair, provided some information on the public hearing: process of the
Planning Commission.
Zaun stated he strongly feels the 17 stipulations are important and
should be adopted as a PUD amendment.
Council Member Sindt suggested that the following wording should be
added to Stipulation L, "...and all customers must be off premises at that
time".
99.1.83 Motion was made by Luick, seconded by Mulvihill to receive a letter from
David & Diana Simonpietri dated October 4, 1999.
Roll call was taken on the motion.. Ayes., Ryan, Zaun,. Sindt, Mulvihill,
Luick.
Mr. Erickson asked if the developer would make a verbal commitment to
sign the Fourth Amendment to Planned Unit Development Agreement,
concurring with the stipulations as outlined. Mr. Brandt stated the
developer has agreed to the 47 stipulations.
_ Council Member Ryan asked if this matter were to be approved as a
PUD amendment, would it affect the City's ability to issue or not issue
licenses for alcoholic beverages.
Mr. Knutson stated the City could be more, but not less, restrictive than
the PUD when granting liquor licenses.
99.184 Motion was made by Mulvihill, seconded by Sindt to approve the Fourth
Amendment to Planned Unit Development Permit Agreement with
Crystal Lake Country Club, Incorporated, with Stipulations A-Q as set
forth in the document, and amended :Stipulations I and L to read as
follows:
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 9
L An intoxicatin li uor license shall not be issued. to allow liquor to be served on
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the property. No intoxicating liquor, except wine and strong beer, shall be
displayed or consumed on the premises.
L. The hours of operation of the banquet facility shalt not exceed the following:
• Sunday through Thursday: Stop serving alcohol at 9:30 p.m., close at 10.:00
p.m., and all customers must be off premises at that time
• Friday and Saturday:- Stop. serving alcohol at 10:30 p.m., close at 11:00
p.m., and all customers must be off premises at that time.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick.
Nay, Ryan.- Council Member Ryan stated he feels the change in use of
the property from a seasonal operation to a year round operation is not
appropriate.
Mayor Zaun recessed at 9:40 p.m. and reconvened 9:50 p.m.
ITEM 11
Jim Stanton, Shamrock Development, Inc., requested Council approval.
of the final plat of Marion Fields Second Addition.
. City Planner Daryl Morey presented the proposed final plat and vacation
of ponding and drainage easements within the plat boundaries. The final
plat of Marion Fields Second Addition consists of 103 single family lots
on property located west of Dodd Boulevard and north of 210t" Street.
The Marion Fields Second Addition final plat is consistent with the
approved preliminary plat and rezoning. At the Council's direction at the
September 7t" Council meeting, staff pursued a variance from the
Dakota County Plat Commission to allow the Hammer's existing house
..driveway to remain off Dodd Boulevard. The Dakota County Plat
Commission did respond affirmatively to allow driveway access to the
existing house on Lot 1, Block 7 to remain until there is a change of
ownership, use of the land or subdivision of the lot. Staff recommends
approval of the final plat and easement vacation.
Mayor Zaun indicated his concern, as well as a concern by other council
members, with traffic. speed on 2101h Streef. Mr. Erickson indicated that
timing of these matters is critical He suggested the City Council direct
staff to pursue a speed limit survey on 210t" Street after the streets in
this plat have been blacktopped and the access points on 210t" Street
are in place.
Council Member Ryan voiced his concern with the site lines at the Idaho
Avenue entrance onto 210t" Street. Mr. Morey explained that staff felt
strongly, from a circulation point of view, that there should be two access
CITY OF LAKEVILLE COUNCIL MEETING
. OCTOBER 4, 1999
PAGE 10
points for the subdivision.. Given the slo es and radient on 210" Street,
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it was felt that Idaho Avenue was the,best spot for the access point.
Council Member Ryan stated he feels traffic could use 209t" Street and
Iran Avenue for the second access. He stated in his opinion, Idaho
Avenue and 210t" Street is going tote a dangerous intersection.
Council Member Luick asked if an agreement has been reached with the
property owner regarding the .above ground fuel tanks. Mr. Stanton
stated the property owner indicated he is willing to remove the fuel tanks
and utilize the local service station.
99.185 Motion was made by Sindt, seconded by Luick to approve Resolution
No. 99-239 approving the final plat of Marion Fields Second Addition,
and Resolution No. 99-240 vacating ponding and drainage easements in
Marion Fields Second Addition.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan,
Zaun.
99.486.. Motion was made by Luick, seconded by Sindt to authorize staff to
monitor the Marion fields Second Addition development and submit. a
• request to MnDOT for a speed_limi# study on 210t" Street at the
appropriate time.
Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun,
Sindt.
ITEM 12
Mark Ellingson, representing Minnesota Valley Free Lutheran Church,
requested Council approval of a conditional use permit amendment to
allow the construction of a detached storage shed at 16075 Highview
.Avenue.
Associate Planner Frank Dempsey explained that the building would be
used for storage of maintenance equipment. The building is consistent
with future development plans and the site plan that was recently
approved by the City Council with the addition of the day school on the
property.
Council Member Sindt asked about the future realignment of Highview
Avenue and whether the church property will be impacted.. Mr. Dempsey
stated the future realignment is consistent with the City's Comprehensive
Transportation Plan and will not have an impact on the church property.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 11
• 99.187 Motion was made by Luick, seconded by Mulvihill to approve an
amendment to Conditional Use Permit No. 99-10 to allow the
construction of a detached storage shed on property located at 16075
Highview Avenue.
Roll call was taken on the motion. Ayes, Luick, Ryan,. Zaun, Sindt,
Mulvihill
ITEM 13
City Engineer Keith Nelson presented the bid tabulation#or Fmprovement
Project 98-5, 167th Street storm sewer and North Creek drainage
improvements. The low bid was submitted by Municipal Contracting
Services in the amount of $224,664.50. Mr. Nelson explained that the
project is subject to receipt of a permit from the Minnesota Department
of Natural Resources for the replacement of culverts under Gerdine Path
and for the relocation of the storm sewer outlet. Mr. Nelson indicated he
expects to receive the DNR permit this week.. A June 15, 2000 project
completion has been specified. However, there is a $10,000 cash
incentive to the contractor for substantial completion of the project this
construction season.
99.188 Motion was made by Mulvihill, seconded by Sindt to approve Resolution
No. 99-241 awarding the contract for 167th Street storm sewer and North..
Creek drainage improvements, Improvement Project 98-5.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill,
Luick.
ITEM 14
Ron Wawrzon presented 1999/2000 hunting map. The Hunting
Committee met on September 28th and reviewed hunting activities within
the city. Complaints from the 1998-99 hunting season were minimal,
and the Committee recommends no changes to the hunting map.
99.189 Motion was made by Luick seconded by Sindt to approve the 1999/2000
Hunting Map and authorize publication.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick,
Ryan.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 12
• ITEM 15
The City Attorney presented a request by Paul Ramey and his .attorney,
John B. Bellows, Jr. for reconsideration of the variance and conditional
.use permit to allow the construction of an amateur radio tower at 17102
Firtree Place. Mr. Ramey and his attorney are requesting two minor
amendments: 1) reduce the setback from 40 feet to 30 feet and 2)
increase the height of the antenna/tower in its retractable state from 25
feet to 30 feet. Mr. Knutson explained that these changes are the
minimum necessary to accommodate Mr. Ramey's communication
needs. City staff and. the neighbors concur with the proposed changes.
99.190 Motion was made by Mulvihill, seconded by Luick to reconsider the
Conditional Use Permit, Variance and Findings of Fact and Decision
approved by the City Council on September 20, 1999 to allow the
construction of a HAM radio antenna at 17102 Firtree Place.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan,
..Zaun.
99.191 Motion-was made by Mulvihill seconded by Sindt to adopt the Findings of
. Fact. and Decision dated 10/1/99 and approve a Conditional Use Permit
and Variance dated October 4, 1999 to allow the construction of an
amateur HAM radio antenna on property located. at 17102 Firtree Place.
Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun,
Sindt.
UNFINISHED BUSINESS
Council Member Mulvihill asked when the Snowmobile Task Force
would be ready to present recommendations for the upcoming season.
Mr. Michaud indicated that the Task Force is meeting again in October,
and any information and/or recommendations will be forwarded. to the
City Council prior to the November 1St Council meeting.
NEW BUSINESS None
ANNOUNCEMENTS Next regular Council meeting. October 18, 1999
Budget work session, October 12,.1999
Mayor Zaun adjourned the meeting at 10:22 p.m.
Respectfully submitted,
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 4, 1999
PAGE 13
Charlene Friedges, Cit erk
Duan Zaun, Mayo