Loading...
HomeMy WebLinkAbout09-07-99 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 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; J. Hennen, Administrative Assistant; L. Gustafson, Deputy City Clerk. MINUTES The minutes of the August 16, 1999 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER:. None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the August monthly report of the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS Don Volk introduced the new. Utility Maintenance employee, James Voss. Mayor Zaun read. the proclamation declaring September 13th through 17th as Marquette Bank Lakeville Week. Bank representa#ives Greg Peterka and Daryl Karsky accepted the proclamation. 99.152 Motion was made by Sindt seconded by Mulvihill to proclaim September 13-18, 1999 as Marquette Bank Lakeville Week. i + CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 2 Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. Mayor Zaun read the proclamation declaring September 17th as Citizenship Day and September 17-23 as Constitution Week. Marjorie Drake of the Josiah Edson Chapter of the Daughters of the American Revolution was present to accept the proclamation. 99.153 Motion was made by Luick seconded by Mulvihill to proclaim September 17, 1999 as Citizenship Day and the week of September 17-23, 1999 as Constitution Week. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. ~ The following individuals were recognized for their community service and received certificates of appreciation: Individuals -Barry & Linda Hubbard, Clara Storlie, Lisa Cechini, Kent Felder, Joe & Nadine Sturlaugson, John Menozzi, Margaret Wandel, John Guentzel. • Group - Betty Doetkott, Clarence & Marge Hoverston, Kathy Hames, Jim McNearney, Linda Moe, Diane Nelson, Gen Ringeisen, Dick & Lisa Schwartz, Pam Velin. Corporate - Gary Tushie. Mayor Zaun presented the League of Minnesota Cities 1999 City Achievement Award for the "Lakeville Kids and Government" television show to Cable Coordinator Jeff Lueders and Video Producer Jim Schiffman. Mayor Zaun presented the Minnesota Association of Government Communicators "Award of Merit" for the Water Treatmenfi Facility open house/dedication to Lea Guenther, Don Volk, and John Hennen. Mayor Zaun recessed the meeting at 7:50 p.m. The meeting reconvened at 8:00 p.m. CITIZENS' COMMENTS Ms. Jean Baudhuin, 18625 Kanabec Trail, requested that she and other residents would like to be kept informed of the process regarding the ' CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 3 proposed frontage road and southbound ramps at 1-35 and 185t" Street. Mayor Zaun stated the City Council would discuss this issue under Unfinished Business. CONSENT AGENDA Council Member Luick asked that Item 7f be removed from the consent agenda. Council members added Items 9 and 13 to the consent agenda. 99.154 Motion was made by Mulvihill seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. July Investment Report. c. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, August 17, 1999 Parks & Recreation Committee, August 18, 1999 Planning Commission, August 19, 1999 ..Lakeville Ames Arena committee, July 28, 1999 d. Ordinance No. 657 amending Title 3, Chapter 8 of the Lakeville City Code concerning mixed municipal solid waste and recyclable collectors. e. Resolution No. 99-190 approving a mutual :aid agreement for fire service assistance with the cities of Jordan, Prior Lake, Savage, Shakopee, Belle Plaine, New Prague and New Market. f. (Removed from the consent agenda.) g. Resolution No. 99-192 authorizing the sale and disposal of assets. h. Resolution No. 99-193 authorizing the sale of forfeited vehicles. i. Resolution No. 99-194 approving change orders for Improvement Project 98-6, Lakeville Ames Arena. j. Change Order No. 1 with Merrimac Construction Company for Police Station remodeling, Improvement Project 98-21. • ~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 4 k. Resolution No. 99-195 authorizing the Lakeville Hockey Association to construct and operate a dry land training area in the Lakeville Ames Ice Arena. I. Receive resignation of Ace Raymond from the Parks & Recreation Committee. m. Resolution No. 99-196 approving plans and specifications and setting a bid date for 167tH Street storm sewer and North Creek drainage improvements, Improvement Project 98-5. n. Amendment to the Telecommunications Capacity Lease Agreement with Marcus FiberLink, L.L.C. o. Resolution No. 99-197 authorizing execution of a Safe and Sober Grant Agreement. p. Resolution No. 99-198 authorizing a school speed zone on 165tH Street. q. Resolution No. 99-199 accepting donations from the Lakeville Prime Timers. • r. Special home occupation permit extension. allowin a ph sisal g Y therapy, therapeutic massage business at 17217 Idlewood Way. s. Tree service operator license for Adelmann's Turf & Tree,. Inc. 9. Resolution No. 99-200 approving the final plat of Town & Country Estates Third Addition. 13. Conditional use permit to allow mechanical equipment cupolas and materials storage silos at a height greater than 45 feet at 8235 - 220t~ Street West. Roll call was taken on the .motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ITEM 8 Mr. Sobota stated US West Wireless, L.L.C. and Minnesota Valley Free Lutheran Church have submitted letters requesting that their applications for a planned unit development/conditional use permit be withdrawn. ' CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 5 99.155 Motion was made by Sindt, seconded by Ryan to accept the letters of withdrawal from US West Wireless, L.L.C. and the Minnesota Valley Free Lutheran Church. Roll call was taken on the motion. Ayes,. Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM 10 Mr. Donald Patton, representing D.R. Horton, Inc., requested Council approval of the final plat of Zweber Farm Eighth Addition, which consists of 37 single family residential lots. Zweber Farm Eighth Addition, located north of Dodd Boulevard and west of Highview Avenue, represents the last phase of the Zweber Farm development located within the current MUSH boundary. Mr. Morey stated City staff reviewed the project and found it to be consistent with the preliminary plat. The Environmental Affairs Committee, Parks & Recreation Committee and Planning Commission have reviewed the final plat plans and recommend approval. The developer previously dedicated right-of--way to accommodate the future • Dodd Boulevard realignment with the Zweber Farm First final plat. With development of Zweber Farm Eighth, the developer will grade the plat and right-of--way, including lowering the grade in the area of the old farm house by approximately 12 feet to improve sight lines at the future realigned Dodd Boulevard/Highview Avenue intersection. Council Member Luick asked if the ghost curve (previous Highview entrance onto Dodd) on the southeast corner would be removed when the realignment is completed. Mr. Morey responded that it would be taken into consideration when plans for the realignment are being finalized. 99.156 Motion was made by Mulvihill, seconded by Luick to approve Resolution No. 99-201 approving the final plat of Zweber Farm Eighth Addition. Roll call was taken on the motion. Ayes, Luick, Zaun, Sindt, Mulvihill. Council Member Ryan abstained due to a conflict of interest. ITEM 11 Mr. Erickson introduced Mr. Tony Bernardi and Mr. Luigi Bernardi, developers, along with Lakeville Five, .Inc., of Heritage Commons. Mr. Luigi Bernardi introduced Mr. Jack Amdahl, KKE Architects and Mr. Tom Veenker, All Metro Development Consultants, Inc. • ~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 6 Mr. Amdahl requested Council approval of the preliminary and final plat and the planned unit development conditional use permit to allow more than one principal building on a commercial lot for Heritage Commons. The property is located north of 202"d Street West, west of Holyoke Avenue and east of Dodd Boulevard. The site is proposed to be preliminary platted into 12 lots and final platted into two lots and three outlots to allow the site to be developed in multiple phases. Phase 1 would include the construction of two 15,000 square foot buildings on the proposed Lot 1 Block 1 and the construction of Heritage Drive and the bridge across the drainage channel, and to include the proposed. Iberia Avenue intersection and Iberia Avenue to County Road 50. Mr. Sobota noted that in 1995 the Council approved the "Town Square" concept plan, which outlined preferred land use concepts for the Heritage Commons area. In 1998, the Council approved a redevelopment agreement between the City, Lakeville Five Inc., and the Bernardi's, requiring them to install public improvements, plat the property and develop a retail commercial center consistent with the "Town Square" concept plan. Mr. Sobota stated that City staff, the Environmental Affairs Committee and the Park & Recreation Committee have reviewed the plans and recommend approval. The Planning Commission held a public hearing on August 19t and recommended approval of the easement vacations, preliminary and final plat, planned unit development/conditional use permit and the conditional use permit subject to the 11 stipulations listed in the planning report. Council Member Luick asked what type of lighting is planned for the 1st phase commercial buildings. Mr. Amdahl responded that along Heritage Drive decorative street lights similar to the fixtures in the downtown area will be used. Adjacent to the townhomes, 25 foot tall down-cast light fixtures will be installed, and in the parking lot 35 foot tall down-cast fixtures will be installed. The bulbs will be high pressure sodium. Council Member Ryan inquired as to the future access for the Donnelly property onto Dodd Boulevard. Mr. Sobota stated there will be two access points on Dodd for the Donnelly property. One is a proposed shared driveway north of the future retail phase. The ful(access is proposed at the Lake Marion Elementary access to be .extended. to the south and east. Council. Member Ryan then asked about the private roadway in the Heritage Commons addition. Mr. Sobota stated that the private roadway would be built to City standards. The future connection to the private roadway will be dependent on an understanding being reached between the two parties. ' CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 7 Mr. Nelson stated City staff and the developers had met with Dakota County concerning accesses onto Dodd Boulevard. The County has agreed to grant a variance. permitting full access at Heritage Drive across from Icenic Trail and also allow aright-in/right-out access at a future roadway proposed to be located north of Heritage Drive. Mr. Nelson stated the County plans on expanding Dodd Boulevard from County Road 50 to 195t" Street West to a four lane divided roadway in 2000. Mr. Tony Bernardi asked if he would be required to complete construction of the access road to the north with future phases. Mr. Erickson stated staff met with the Donnelly's and that the access to the road must be worked out between the parties, including the shared access to Dodd Boulevard. 99.157 Motion was made by Luick, seconded by Mulvihill to approve the following: a. Resolution No. 99-202 vacating easements b. Preliminary plat of Heritage Commons c. Resolution No. 99-203 approving the final plat of Heritage Commons d. Planned Unit Development Conditional. Use Permit to allow more than one principal building on a commercial lot e. Conditional Use Permit to allow impervious surface area greater than 25%. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. ITEM 12 Mr. Jim Stanton, representing Shamrock Development, Inc, requested Council approval of the preliminary plat of Marion Fields Second Addition and the rezoning of the subject property from R-2, Single Family Residential District (100 foot wide lots) to R-2A, Single Family Residential District (85 foot wide lots). The proposed plat is located on the west side of Dodd Boulevard, north of 210t" Street West, and consists of 103 single family residential lots. Mr. Stanton noted that three outlots will be deeded to the City. He stated the current owners of the property, Paul and Bob Hammer, who will retain Lot 1, Block 7 of the proposed subdivision, have questions concerning the removal of the large detached shed as addressed in Stipulation 8 recommended by the Planning Commission and the removal of their existing driveways off CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 8 Dodd Boulevard as recommended by the Dakota County Plat Commission. Mr. Morey stated the proposed rezoning of the plat inconsistent with the 1998 Comprehensive Plan update and is subject to the recording of the final plat. Existing public ponding and drainage easements will be vacated upon the recording of the Marion Fields Second Addition final . plat. The developer will dedicate additional right-of--way for the ultimate roadway section of Dodd Boulevard and 210t" Street West. Mr. Morey noted there are two proposed main accesses into the plat, one at 208tH Street and Dodd Boulevard and one off 210t" Street west of Dodd Boulevard. Mr. Morey stated Gity staff, ISD 194 officials, the Environmental Affairs Committee, the Parks & Recreation Committee, and the Planning Commission have reviewed the preliminary plat plans. The Environmental Affairs Committee and Parks & Recreation Committee recommend approval. He noted that ISD 194 has submitted a letter stating they will likely have to adjust attendance boundaries for Lakeview Elementary and other elementary schools in the southern portion of the city for the 2000-01 school year. This would be necessary due to the expected growth resulting from the Marion Fields First and Second Additions. Mr. Morey stated the Planning Commission discussed the developer's request that the Hammer's existing detached garage, metal pole barn, and above-ground fuel storage tanks be allowed to remain with the existing house on proposed Lot 1, Block 7. The Hammers plan to continue farming an adjacent parcel they own located northwest of the preliminary plat. The size of the pole barn, which is a legal, non- conforming accessory building, exceeds the City's zoning .ordinance requirements. Mr. Morey stated the Planning Commission has recommended approval of the preliminary plat, rezoning, and easement vacation requests subject to the 16 .stipulations listed in the planning report, with a modification to the wording of stipulation number 8 and the addition of stipulation numbers 17 and 18. The Dakota County Plat Commission has reviewed the preliminary plat and is requiring all three existing driveways serving the Hammer parcel off Dodd Boulevard (C.S.A.H. 9) be closed with the development of the plat, which would then require relocation of the driveway access for the Hammer's house to 2081hStreet West. The Planning Commission and City staff also discussed the above-ground fuel storage tanks. The Fire • ~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 9 Marshall has indicated to staff that the fuel storage tanks are allowed by the Fire Code provided they are utilized for farming. However, once they are no longer used for farming, the fuel tanks must be removed from the property. Mr. Morey stated staff recommends approval of the Marion Fields Second Addition preliminary plat subject to the 18 stipulations listed in the September 3~d planning report and adoption of the ordinance rezoning the property from R-2 to R-2A. Council Member Luick suggested staff monitor the farm usage and identify possible security measures for the area around the fuel tanks to prevent them from becoming an attractive nuisance. Council Member Ryan stated he had no problem with allowing the accessory buildings and fuel storage tanks to remain as long as the Hammer's continue farming. Mr. Paul Hammer stated he would like to retain one of the three existing driveway accesses onto Dodd Boulevard for the existing house. Mr. Erickson suggested the best way to assist Mr. Hammer would be for the City Council to authorize staff to pursue a variance from Dakota County, as was done in Country Creek Estates to the north of Marion Fields Second Addition. Mayor Zaun was in favor of assisting the Hammer's in keeping one of the driveway accesses to Dodd Boulevard until Lot 1, Block 7 is subdivided in the future. Mayor Zaun noted that two Planning Commission members had voted nay because they did not feel that farming of the adjacent parcel to the northwest, by the Hammer's, should be tied to the removal of the metal pole barn. Mr. Hammer stated he does not agree with stipulation 8c regarding removal of the pole barn. Council Member Ryan stated stipulation 8c does not allow the Hammer's to retain the metal pole barn if they cease farming the adjacent land to the northwest. Council Member Mulvihill suggested the Hammer's could move their farming equipment to another site if they sold the adjacent parcel to the northwest and continue farming property located outside the City. Council Member Ryan was concerned with the proposed access location on 210th Street West. He felt the access was too close to the Dodd/210tH intersection and would prefer another alternative. Mayor Zaun agreed that the site lines are not ideal. He suggested staff pursue a speed study on 210th Street if no other alternatives are available. ' CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 10 99.158 Motion was made by Ryan, seconded by Sindt, to approve the Marion Fields Second Addition preliminary plat of 103 single family lots, adopt Ordinance No. 658 rezoning the property from R-2 to R-2A, subject to the 18 stipulations listed in the September 3~d planning report, with the deletion of stipulation 8c. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Luick, Ryan. Nays, Sindt. Council Member Sindt voted nay because she believes that the. Hammer's should have to remove the pole barn once they quit farming the adjacent parcel ITEM 14 99.159 Motion was made by Sindt, seconded by Mulvihill, to hold a special City Council meeting on Tuesday, September 14, 1999, at 8:00 a.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. ITEM 15 City Attorney Roger Knutson reported that as directed by the City Council at the August 30, 1999 work session, a resolution has been prepared authorizing the City Administrator, City Finance Director and the City Attorney to begin negotiations to acquire the All Saints Church property. The appraisal of the All Saints Catholic Church and School South Campus has been completed. The first meeting with church officials is scheduled for September 8, 1999. Council Member Sindt asked if the Church has an agreement with the Teen Center. She was informed they are temporarily using the basement and the City would not be committed to a previous agreement if they purchased the property. 99.160 Motion was made by Sindt, seconded by Mulvihill, to approve Resolution No. 99-204 authorizing negotiations to acquire the All Saints Church property. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM 7f • ' ~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 11 Council Member Luick stated he removed this item from the consent agenda to address in greater detail the significance of outsourcing in relation to space needs. Mr. Erickson related that the Coalition of Dakota County cities survey indicated Lakeville is a leader in the amount of professional services that are privatized. He also pointed out that the current ratio of 3.1 employees per 1,000 residents is exceedingly low and has allowed City Hall to provide the space needed during the past decade. However, with the population growing, an increase in staffing would create substandard working conditions. Mr. Erickson stated that the .proposed 2000-2001 budget facilitates the transfer of liquor fund proceeds to allow for the expansion of City Hall. The financing is consistent with the City Council's directive to become debt free by 2003 for general government buildings. Council Member Mulvihill stated the technology developed in the last 10 years requires additional space. She pointed out that the Council was aware when the current City Hall was constructed that the need to expand would arise. Council Member Sindt stated that City Hall was debt free when the building opened. 99.161 Motion was made by Luick, seconded by Mulvihill, to adopt Resolution 99-191 approving a proposal for the completion of a space utilization study for City Hall. Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill UNFINISHED BUSINESS In .response to Ms. Baudhuin's concerns, Mr. Erickson stated that staff will be meeting with the Metropolitan Council to discuss the I-35/CSAH 60 interchange and also with Dakota and Scott County officials, however, no dates have been set. He stated that the deadline for submitting an application for federal TEA 21 transportation funds for the reconstruction of the I-35/185tn Street bridge over I-35, and 185tH Street widening to four lanes to Scott County is September 20tH Stragar-Roscoe-Fausch, Inc. (SRF) is currently working on this application, as well as preparing access requests for interchange modification for the new ramps at I-35 and185tn Street. Once the projects are approved and the funding is in place, the Council would authorize final design specifications and notify adjacent residents for their input. • ~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 .PAGE 12 Council Member Ryan said he realizes residents want to be involved, however, resident involvement may be premature at this time. He remarked that when the project reaches a further stage, residents should be involved in the plans. Mr. Erickson commented that residents will be notified when this occurs. NEW BUSINESS City Attorney Roger Knutson informed the Council that the Interim Ordinance temporarily prohibiting certain residential development as discussed at a work session is ready for Council's consideration. With the Metropolitan Council's approval of the Comprehensive Plan, a comprehensive revision. of the City's zoning ordinance has to be completed by May 18, 2000. By placing a temporary moratorium on certain new residential development, the City Council and staff will have time to complete planning studies and adopt appropriate land. use controls. Council Member Sindt suggested that under Section 1, Senior Housing, the age of occupants be changed from 60 to 55. Mr. Knutson stated that could be changed if Council wished. Council Member Luick pointed out that with the student population growth, ISD 194 is being challenged to provide financing and construction of additional school facilities and may also be required to adjust attendance boundaries. Ma or Zaun su ested includin under Section 4 "Plats for which a Y g9 9 , preliminary plat application have been completed and filed with the City prior to the adoption of this ordinance". He noted that the City had previously placed a moratorium on residential development with good. results and that this ordinance does not restrict commercial and industrial development. Council Member Luick asked if the 9-month moratorium would give the City enough time to complete the revision of the zoning ordinance and, if not, could the time be extended. Mr. Knutson responded that legally the moratorium could be extended for up to 2'/ years. Mr. Erickson stated staff believes 9 months will be adequate to complete the project. 99.162 Motion was made by Sindt, seconded by Mulvihill, to adopt Interim Ordinance 659 Temporarily Prohibiting Approval of Certain Residential Development. Roll call was taken on the motion. Ayes, Luick, Ryan, Zaun, Sindt, Mulvihill. Council Member Sindt remarked she would like staff to review the structure and scope of the advisory committees and determine if CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1999 PAGE 13 consolidation of certain committees is feasible. Mayor Zaun suggested Administrative Assistant John Hennen could research what the role and scope of committees are in other cities and report back to the Council Council Member Mulvihill proposed not appointing new members to any vacancy until Mr. Hennen reports to the Council at a work session. 99.163 Motion was made by Mulvihill, seconded by Sindt, to notify the applicants for the Environmental Affairs Committee vacancy that the Council will not be making any appointments until after January 1, 2000. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. ANNOUNCEMENT Next regular Council meeting, September 20, 1999. Mayor Zaun adjourned the meeting at 10:45 p.m. Respectfully submitted, i es a Gustafson, Depu City Clerk Dua Zaun, May