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HomeMy WebLinkAbout10-05-98 CITY OF LAKEVILLE COUNCIL MEETING • OCTOBER 5,1998 Mayor Zaun called the meeting to order at 7:00 p.m. Boy Scout Troop 235 presented the colors and led the pledge of allegiance to the flag. Roll call was taken. Present: Council Members Ryan, Sindt, Mulvihill, Holberg 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; C. Friedges, City Clerk; J. Hennen, Administrative Assistant; D. Morey, Planner. MINUTES The minutes. of the August 31St Council work session, the September 15tH special Council meeting and the September 21St regular Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None ADMINISTRATOR: Mr. Erickson read a letter from Thomas Novak, Dakota County Revenue and Public Service Director, commending the Lakeville election staff on an outstanding job during the 1998 Primary Election. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk was unable to attend the Council meeting. The September monthly report will be presented on October 19tH PRESENTATIONS/INTRODUCTIONS Council Member Sindt read the proclamation for National Breast Cancer Awareness Month. Ms. Barb Gehloff accepted the proclamation on behalf of the American Cancer Society, Dakota South Unit. 98.222 Motion by Ryan, seconded by Sindt to proclaim October as National Breast Cancer Awareness Month and October 16th as Mammography Day in Lakeville. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 2 • Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Council Member Mulvihill read the proclamation proclaiming October 5-11, 1998, Cities Week in Lakeville. A Cities Week video entitled "Celebrating Caring Communities" was shown. 98.223 Motion was made by Ryan, seconded by Mulvihill to proclaim October 5-11, 1998, Cities Week in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Mike Sobota, Community & Economic Development Director, Steve Bodine of the Chamber of Commerce and Bob Vogel of the Economic Development Commission requested the City Council proclaim October 12-16 as Manufacturers Week in Lakeville. A video featuring one of Lakeville's manufacturers, Technical Methods, Inc., was shown. Council Member Holberg read the proclamation. 98.224 Motion was made by Ryan, seconded by Holberg to proclaim October 12-16, 1998, Manufacturers Week in Lakeville. • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. Building Official Gene Abbott introduced Mike Barck, Building Inspector. CITIZENS' COMMENTS Mr. John Boland, 10241. 205`h Street West, questioned a recent statement in the Life & Times that homes in Lakeville valued at $140,000 or less are not carrying their weight. He felt that was somewhat demeaning. He also asked to what extent building permit fees were. utilized to bond unrelated expenditures in the proposed 1999-2000 budget. Mayor Zaun indicated the Council would respond under New Business. CONSENT AGENDA Council Member Ryan asked that items 7f and 7g be removed from the consent agenda. Council members added items 10 and 11 to the consent agenda. 98.225 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 3 • a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, September 16, 1998 Joint EDC/EAC South Creek Subcommittee, September 16, 1998 Planning Commission, September 17, 1998 Growth Task Force, September 2, 16 and 23, 1998 Environmental Affairs Committee, September 14, 1998. c. Agreement with Minnesota Department of Natural Resources to receive $50,000 Cooperative Trail Program grant for Klamath Trail Phase III. d. Agreement with Sno Trackers Snowmobile Club to groom cross-country ski trails at Ritter Farm Park during the 1998-1999 winter season. e. Agreement with Minnesota Department of Natural Resources accepting funds for snowmobile enforcement. f. Removed from consent agenda. • g. Removed from consent agenda. h. Resolution No. 98-210 appointing election judges for the November 3rd General Election. i. Special Assessment Agreement with Frederick Steinert, 16345 Kenyon Avenue. j. Amendment to Ingress and Egress Easement with Richard O. and Karin J. Watland, 19910 Judicial Road. k. .Resolution No. 98-211 requesting MnDOT speed study on Flagstaff Avenue south of Dodd Boulevard. 1. Resolution No. 98-218 approving Agreement with MnDOT and Soo Line Railroad for installation of signals on Holyoke Avenue south of McGuire Jr. High School. m. Receive Lake Marion Curlyleaf Pondweed Control Study dated July 1998. n. Resolution No. 98-212 authorizing City Administrator to sign FEMA sub- grant agreements for May 30, 1998 disaster. i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 4 o. Special Assessment Agreement with Joseph & Shirley Marek, 17026 Kenwood Trail 10. Resolution No. 98-214 vacating a drainage and utility easement at 20790 Keokuk Avenue. 11. Special home occupation permit to allow the operation of a nail care salon at 10165 - 205' Court. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 8 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 City has approximately 241 accounts that represent approximately $41,097.35 in delinquencies. The City also collects a $25 service charge to cover the cost of certification and interest at a rate of 18% per annum. Mr. Feller stated the City received a Chapter 7-bankruptcy notice for an account with a $510 balance. This account cannot be certified. • 98.226 Motion was made by Holberg, seconded by Mulvihill to receive a letter from Joseph L. Kelly, attorney representing Patricia Rasmussen, dated September 28, 1998. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. There were no questions or comments from the audience. 98.227 Motion was. made by Holberg, seconded by Sindt to close the public hearing on the certification of delinquent utility accounts. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill 98.228 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98-213 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, Ryan, Zaun, Sindt, Mulvihill, Holberg. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 5 • ITEM 9 Mr. Harry Brand requested Council approval of an on-sale and Sunday liquor license for Flyer's Cafe, LLC, a new restaurant/bar being located at 20790 Keokuk Avenue, across from the Muller Theatre. Mr. Brand indicated he hoped to have the facility open for business by the end of December. Police Chief Martens presented the report prepared by Investigator Forbord regarding the liquor license application for Flyer's Cafe. He stated the Police Department has no objection to an on-sale and Sunday liquor license being granted, contingent upon a certificate of occupancy being issued by the City of Lakeville for the building. There were no questions or comments from the audience. 98.229 Motion was made by Sindt, seconded by Holberg to close the public hearing on the liquor license application from Flyer's Cafe, LLC. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. 98.230 Motion was made by Mulvihill, seconded by Sindt to grant an on-sale and Sunday liquor license to Flyer's Cafe' LLC, 20790 Keokuk Avenue, contingent upon a certificate of occupancy being issued by the City of Lakeville for the building. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 12 Mr. Dennis Bohm, President of Bohm, Inc. requested Council approval of the final plat of Gopher Mini-Storage Second Addition and a conditional use permit to allow the construction of a Kentucky Fried Chicken (KFC) restaurant at the northeast corner of 165th Street and Kenrick Avenue. Mr. Morey presented the final plat for one lot and one outlot to be known as Gopher Mini-Storage Second Addition. The subject property is zoned B-4, General Business District, and is located on the east side of I-35, north of Twin Cities Harley Davidson. The Planning Commission held a public hearing on the conditional use permit request at its October 1St meeting. A number of neighboring residents expressed concerns related to traffic, noise, odor, and visual impacts {signage and exterior lighting). The Planning Commission recommended approval of the final plat and conditional use permit subject to the seven stipulations listed in the September 25th planning report, with the CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 6 • addition of six stipulations that address neighborhood concerns. Mr. Morey explained that the developer has revised the building exterior and lighting and has provided additional landscaping along the south side of the site, as requested by the neighborhood residents and recommended by the Planning Commission. Staff recommends approval of the final plat and conditional use permit subject to 13 stipulations. Council Member Ryan raised a concern with traffic from this facility exiting onto Kenrick Avenue. He felt that the situation could. become dangerous, particularly with vehicles making a left turn onto Kenrick Avenue, given the curvature of the road, downhill grade, higher speeds, and an unmarked intersection. He was also concerned with the drive-through exit, which crosses the sidewalk. Mr. Morey stated the developer originally wanted a shared driveway situation with the site to the north. There was concern with the grade differential between the KFC site and the site to the north. It was felt that a shared driveway at that location was not achievable. He explained that this site plan segregates drive- through traffic from the parking area for sit-down customers, bringing traffic out onto Kenrick Avenue in an exit-only situation. Council Member Ryan stated he would rather see the drive-through exit onto • 165' Street by wrapping it around the front of the building. Mr. Erickson stated that scenario was not possible, due to the amount ofimpervious surface allowed within the Crystal .Lake watershed, resulting in 30% green space on the parcel Mr. Erickson also stated there is a lower emphasis being placed on drive- through business at this facility, given its interior design. Council Member Ryan pointed out that the 30% green space could have been better achieved if the lot were larger. 98.231 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98-215 approving the final plat of Gopher Mini-Storage Second Addition; receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a Kentucky Fried Chicken restaurant in the northeast corner of 165' Street West and Kenrick Avenue. Roll call. was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 13 Mr. Don Patton, representing D.R. Horton, Inc.-Minnesota, requested preliminary and final plat approval of Zweber Farm Fifth. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 7 • Mr. Morey presented the preliminary plat of Zweber Farm Fifth, which consists of 70 single-family lots. Phase One consists of 31 single-family lots and involves the vacation of a portion of an existing sanitary sewer line easement. Mr. Morey explained that ISD 194 has requested that no occupancy permits for Zweber Farm Fifth be issued until after the 1998-99 school year. ISD 194 has also expressed the need for the 178th Street/Hyde Park Avenue street connection between the Zweber Farm and Anderson's Century Farm subdivisions for school bus routes to Cherry View and Eastview elementary schools. Mr. Morey pointed out that the Zweber Farm Fifth subdivision would include a permanent storm ponding area, consistent with the City's comprehensive storm sewer plan. Staff recommends approval of the Zweber Farm Fifth preliminary and final plat. Council Member Ryan stated he would abstain from action or discussion on this matter due to a possible conflict of interest. Council Member Holberg asked about the project time line, as construction of this plat will have an affect on the snowmobile trail that links the northern half of Lakeville to the south. Mr. Patton indicated that sewer and water construction, as well as grading, will commence immediately. Mayor Zaun asked if this project would have an impact on drainage that would i affect adjacent property. Mr. Nelson explained that a regional ponding area would be constructed in the southerly portion of the plat. Drainage will be self- contained on site. The discharge will go through the Dodd Boulevard drainage ditch into the existing culvert that drains underneath Dodd Boulevard. 98.232 Motion was made by Holberg, seconded by Sindt to approve the preliminary plat of Zweber Farm Fifth;. Resolution No. 98-216 vacating a sanitary sewer easement; and Resolution No. 98-217 approving the final plat of Zweber Farm Fifth. Roll call was. taken on the motion. Ayes, Holberg, Zaun, Sindt, Mulvihill Ryan abstained. ITEM 7F Council Member Ryan voiced his opposition to Option 3B as recommended by -.Barr Engineering forthe flooding problems in the area of 167th Street and Gladiola Avenue. He stated he has no opposition to replacing existing culverts under Gerdine Path and minor regrading of the channel. However, he stated he is opposed to plugging the culvert under Cedar Avenue. He feels the area is irregular and is concerned that water would be trapped in some areas. He also. felt that debris could block the remaining culverts and cause more flooding. He CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 8 felt that an alternative would be to create additional storage for storm water, possibly between Dodd and Flagstaff or in the park area. Mr. Nelson indicated that the area west of Flagstaff Avenue maybe much lower in elevation than west ofCedar Avenue, and more ponding upstream to reduce flows would be more effective. Mr. Nelson also stated that if the culverts under Cedar Avenue were plugged, the road would over top prior to flooding any homes west of Cedar Avenue that are higher in elevation. Mr. Erickson stated culverts had been plugged several years ago on an experimental basis, and it had a profound impact on reducing flooding in that area. 98.233 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 98-209 receiving feasibility report and authorizing preparation of plans, specifications and letter of map revision for North Creek drainage project, Ixnprovernent Project 98-5. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nays, Ryan. Council Member Ryan stated he felt there are alternatives that have not been pursued. • ITEM 7G Council Member Ryan stated he objects to the railroad crossing being done as proposed, because he feels it is premature, as there is no real use for the crossing at this time. He stated he would rather see the City enter into an agreement with the railroad to pay the $10,000 for the easement when and if the crossing is needed. Council Member Holberg stated the railroad companies are very difficult to deal with from year to year, and she feels the Council should not miss out on this opportunity. She pointed out that the 176' Street extension provides a vital link in the transportation system, adding some relief to the Highway 50/I-35 area. Council member Ryan agreed that the 176`x' Street extension is vital to the City's transportation system; however, he felt a letter of understanding with the railroad would be more appropriate than paying for the easement now. 98.234 Motion was made by Sindt, seconded by Holberg to approve an agreement with CP Railway for an at-grade crossing at 176' Street, Improvement Project 98-16. Roll call. was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nays, Ryan. Council Member Ryan stated he feels this funding is premature. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 5, 1998 PAGE 9 • UNFINISHED BUSINESS Council Member Sindt asked for staff's analysis of the Ardmor drainage channel. Mr. Erickson stated the Director of Operations & Maintenance will report on this matter at the next Council meeting. Council Member Holberg asked ifthere has been any progress by the County on the Judicial Road right turn lane for west bound traffic. Mr. Nelson stated Dakota County has been very proactive with construction of the right turn lane and striping under I-35 and hopes to get the work completed this fall. Council Member Holberg pointed out that Police Department statistics indicate that the four-way stop at Dodd Boulevard and Highview Avenue eliminated traffic accidents at that location since the signs were installed. She stated she hopes to obtain a similar solution to the Dodd Boulevard/185th Street intersection. NEW BUSINESS Mr. Erickson provided a detailed response to issues raised by John Boland under Citizens' Comments. Mayor Zaun indicated that a-letter would be sent to Mr. Boland in response to his concerns regarding property values and the a Council's fiscal policies. ANNOUNCEMENTS: Next regular Council meeting, October 19, 1998 Budget work session, October 8, 1998 Mayor Zaun adjourned the Council meeting at 9:07 p.m. Respectfully submitted, Charlene Friedges, City erk Du a Zaun, Ma