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HomeMy WebLinkAbout09-21-98 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21,1998 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, Holberg and Mayor Zaun. Absent: Council Member Mulvihill Also present: R. Knutson, City Attorney; B. 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. MINUTES The minutes of the September 8, 1998 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS .ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson asked the Council to convene in Executive Session following adjournment of the Council meeting to discuss collective bargaining. He also asked the Council to consider setting budget work session dates under New Business. .PARKS & RECREATION DIRECTOR: Mr. Michaud presented the August Parks & Recreation Department monthly report. CHIEF OF POLICE: Chief Martens presented the August Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Ms. Lona Boote and several members of the Lakeville Women of Today requested the City Council proclaim the week of September 20-26 Women of Today Week in Lakeville. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 2 98.211 Motion was made by Sindt, seconded by Holberg to proclaim September 20- 26, 1998 Women of Today Week in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Holberg. Mr. Sobota introduced Eugene Abbott, Building Official Mr. Erickson introduced Marcy Cordes, Human Resources Director.. CITIZENS' COMMENTS: None CONSENT AGENDA Council Members removed items 7q and 7r from the consent agenda. 98.212 Motion was made by Holberg, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. August Investment Report. c. Receive minutes of the following advisory committee meetings: Meals on Wheels Advisory Committee, September 8, 1998 Planning Commission, September 3, 1998 Joint EDCBAC South Creek Subcommittee, August 18, 1998 d. Resolution No. 98-198 designating the Year 2000 Project Coordinator. e. Resolution No. 98-199 amending the 1998 Cable TV Fund Budget. f. Resolution No. 98-200 accepting a donation from the Lakeville Education Association to the DARE Program. g. Resolution No. 98-201 accepting a donation from the JFK PTO to the DARE Program. h. Resolution No. 98-202 accepting a donation from Minnesota River Valley Kennel Club to the Police Canine Program. i. Community Landfill Abatement Base Fund Application for 1999. j. Resolution No. 98-203 authorizing sale of assets. i CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 3 k. Resolution No. 98-2U4 authorizing submittal of grant application to the Metropolitan Regional Arts Council. 1. Special Home Occupation Permit three-year extension to allow the operation of a hair salon business at 17453 Hayes Avenue. m. Special Home Occupation Permit three-yeas extension to allow the operation of a photography studio in asingle-family residence located at 17131 3efferson Avenue. n. Cigarette license for Kwik Trip #343, 17388 Glacier Way. o. Final payment and final acceptance of Kingswood Estates sanitary sewer and watermain, Improvement Project 96-6. p. Change Order No. 1 for final completion of 210' Street, Improvement Project 98-3. q. (Removed from consent agenda.) r. (Removed from consent agenda.) s. D.A.R.E. Services Agreement with School District No. 196. t. Agreement for towing services with Marek's Towing and Repair, Inc. u. Receive application from Harry Brand, d.b.a. Flyer's Cafe, for an on-sale and Sunday liquor, license at 20790 Keokuk Avenue; and call a public hearing to be held on October 5, 1998. v. Utility easement agreements with Minnegasco, Dakota Electric Association, Frontier Communications and Marcus Cable, Improvement Project 98-7. w. Special Assessment Agreement with Kenneth & Geralyn Morrell, 16355 Kenwood Trail. x. Special Assessment Agreement with Jerome & Barbara Higgins, 8774- 210' Street West. y. Resolution No. 98-207 authorizing sale of forfeited vehicles. z. Temporary turn-around easement agreement for Greenridge. • Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Ryan. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 4 i ITEM 7Q Council Member Holberg stated she felt the City should pursue with Dakota County some type of traffic control at the intersection of 185' Street and Dodd Boulevard prior to the opening of the new junior high school. Mayor Zaun suggested this matter be discussed under New Business. 98.213 Motion was made by Holberg, seconded by Sindt to approve Resolution No. 98-205 recommending anall-way stop control at Ipava Avenue and 185tH Street. Roll call was taken on the motion. Ayes, Sindt, Holberg, Ryan, Zaun. ITEM 7R 98.214 Motion was made by Holberg, seconded by Ryan to approve Resolution No. 98-206 authorizing Marcus Cable Partners, L.P. to temporarily operate the cable communications system. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun. Sindt abstained due to a possible conflict of interest. .ITEM 8 Mayor Zaun opened the public hearing on the application of Kwik Trip, Inc. fora 3.2% off-sale beer license at 17388 Glacier Way. Chief Martens stated Kwik Trip has two 3.2 off-sale beer licenses for stores currently operating in Lakeville. The application has been reviewed by the Police Department and found to be in order. The Police Department would recommend approval: of the 3.2 beer license for Kwik Trip #343, subject to issuance of a certificate of occupancy by the City's Building Inspection Department. 98.215: Motion was made by Holberg, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Holberg. 98.216 Motion was made by Sindt, seconded by Holberg to grant a 3.2% off-sale beer license to Kwik Trip #343, 17388 Glacier Way. ....Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Ryan. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 5 • ITEM 9 Alan Brixius of Northwest Associated Consultants presented the Comprehensive Plan Update, Issues Summary and Policy Plan. The Issues Summary, he explained, is a presentation of the issues raised by residents and property owners at neighborhood. meetings, as well as issues and conditions contained in the Planning Tactics and Planning Inventory received by the City Council on April 1, 1998. He explained that the Policy Plan contains goals and policies that guide decision-making in the community related to environmental protection/natural resources; growth management; land use; community facilities; transportation; and city government/administration. The. plan will complement, but not replace, the City's current maps, ordinances, and codes. He indicated that the plan is in draft form at this point, and staff is looking for comments and feedback from the Council for inclusion in the document that will be presented at scheduled neighborhood meetings. Council Member Holberg suggested that one of the goals under City Government/Administration should more specifically relate to working with the State Legislature on funding and land use decisions that affect the City. Mayor Zaun suggested adding a goal that deals with development fees and investigating further the potential implementation. Mr. Brixius stated both comments would be added to the draft document. 98.217 Motion was made by Sindt, seconded by Holberg to receive the Comprehensive Plan Update, Issues Summary and Policy Plan, dated August 1998. Roll call was taken on the motion. Ayes, Sindt, Holberg, Ryan, Zaun. ITEM 10 David Licht, Northwest Associated Consultants, explained that the 1995 Amendments to the Metropolitan Land Planning Act require the City of Lakeville to ensure that local fiscal devices and local controls are consistent with the updated comprehensive guide plan. Therefore, the City of Lakeville must review its zoning ordinance, including the zoning map, for consistency with the updated comprehensive guide-plan. At its August 31St work session, the City Council reviewed and discussed two scenarios for meeting the requirements of the Metropolitan Land Planning Act. Scenario A would involve rezoning each individual property in Lakeville. consistent with the 2020 Land use Plan. Under this scenario, all MUSA expansion areas would be given an "urban" zoning designation. The City would then need to amend each of its zoning districts to identify permitted uses for both sewered and CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 6 • unsewered property. The preferred scenario, Scenario B, would involve establishing zoning reflective of existing land use and current MUSA boundaries for urban development. All MUSA expansion areas would be zoned as Rural Transition Zone. The new zone would only permit uses suitable for unsewered properties. This scenario would avoid the problem of attempting to determine zoning district boundaries far in advance of actual development. Mr. Licht stated the staff is looking for direction from the Council as to how to proceed with the plan. Council Member Sindt asked how the Rural Transition Zone would be different from the Freeway Corridor District overlay that was attempted several years ago. Mr. Licht explained that the Corridor District was an area, in many instances, that was not ready for its ultimate development. The City was. trying to provide interim uses. The difference with this scenario is the elimination of the expectation for an interim use. Council Member Ryan asked how this zoning would protect property owners that may have property closer to the MUSA boundary, want it rezoned now for a certain use, and want some protection against a forced zoning. He cautioned against miss-use of land. Mr. Licht stated that under Scenario B, property owners could come forth and • ask for a rezoning at any point before their property is brought into the MUSA. The City will put together some very specific policies that deal with that type of issue as part of the Comp Plan process. He went on to state that if the property owner initiates the rezoning, and if there is a problem with non- conformity, the property owner can judge that. If the City forces the zoning, as would be the case in Scenario A, it may not fit the plans of current or future property owners. As long as this remains an overlay district, the existing underlying zoning will regulate uses in non-sewered areas. Council Member Sindt asked about sewer capacity at the Empire Treatment Plant, which ultimately controls development. Mr. Erickson stated the City cannot forecast sewer availability beyond five years. Mayor Zaun pointed out that the City is not forcing any property owners now to take the zoning that the City might feel is appropriate in the future. Rather, zoning decisions based on the 20201and use plan will be made when property is brought into the MUSA, or earlier if requested by the property owner. 98.218 .Motion was made by Holberg, seconded by Sindt to approve Resolution No. 98-208 directing City staff to proceed with "Scenario B" in developing a draft zoning ordinance and map. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 7 UNFINISHED BUSINESS Council Member Holberg recommended City staff work with Dakota County officials on the installation of traffic control devices at the intersection of Dodd Boulevard and 185' Street prior to the opening of the new jr. high school next fall. Council Member Ryan stated he feels Dodd Boulevard is not made for stop signs, given the curves and grades that currently exist. Without turn lanes or bypass lanes, he felt that stop signs might be more of a traffic hazard at that location. Council Member Sindt suggested City staff ask Dakota County to look at the entire intersection for possible reconstruction, with turn lanes on Dodd Boulevard. Mr. Nelson stated the Dakota County Highway Engineer has indicated that the County will not install traffic signals at this intersection unless the intersection is realigned with le$ and right turn lanes. He indicated that the County does not have funding programmed for 1999 construction at this location. 98.219 Motion was made by Holberg, seconded by Ryan to authorize staff to pursue with Dakota County possible solutions to increased traffic at 185' Street and Dodd Boulevard with the opening of the new jr. high school in the fall of 1999. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Holberg. NEW BUSINESS 98.220 Motion was made by Sindt, seconded by Ryan to hold a budget work session on October 8, 1998 at 6:15 p.m. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Ryan. Council Member Sindt asked why the City does not have a cat ordinance. .Chief Martens stated that dogs pose a much greater problem in the city than cats do. He indicated he would research citizen survey results and report back to the Council on this issue. Council Member Ryan asked about the policy of determining the MUSA boundary within the City of Lakeville and who is responsible for deciding when and where it should be adjusted. He stated that when he spoke to representatives of the Metropolitan (Met) Council, they indicated that the Met Council is becoming less involved in controlling the MUSA boundary. Mayor • Zaun explained that the Met Council has regulations the City must follow in CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1998 PAGE 8 establishing its MUSA boundaries. He recommended that. prior to final adoption of the Comprehensive Plan Update, the City Council should meet with the City's Metropolitan Council representative on this matter. 98.221 Motion was made by Ryan, seconded by Sindt to authorize staff to contact the City's representative on the Metropolitan Council and schedule a work session with that representative prior to final adoption of the Comprehensive Plan Update to discuss the issue of MUSA boundary adjustments. Roll call was taken on the motion. Ayes, Sindt, Holberg, Ryan, Zaun. Council Member Sindt raised a concern regarding an increased amount of sedimentation in the channeUdrainage area in Ardmor Mobile Home Park that is causing some flooding. Mr. Erickson stated the Director of Operations & Maintenance will look into the matter and report back to the Council. ANNOUNCEMENTS: Next regular Council meeting, Oct 5th Mayor Zaun adjourned the Council meeting at 8:30 p.m. Respectfully submitted, Ch a Friedges, City rk Duane aun, Mayo •