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HomeMy WebLinkAbout08-03-98 CITY OF LAKEVILLE COUNCIL MEETING • AUGUST 3, 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, Mulvihill, Holberg and Mayor Zaun. 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;. D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the July 20, 1998 City Council meeting and the June 30, 1998 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a correction to Page 6 of the. planning report for Item No. 9. He also provided a memorandum from the Finance Director requesting a special Council meeting in September to consider the preliminary 1999 budget and tax levy. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the July, 1998 monthly report of the Operations & Maintenance Department. Council Member Ryan asked why the electrical bill for the water treatment plant is divided into three equal payments, which seem out of balance. Mr. Volk stated the electrical bill was budgeted to be paid in three equal payments until the plant operates and staff can more accurately separate the three parts according to usage. PRESENTATIONS/INTRODUCTIONS Police Chief Martens recognized and introduced the following Police .Department employees for their recent .promotions: CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 2 Steve Strachan, Sergeant Mark Holden, Investigator Tim Knutson, School Resource Officer Dakota County Attorney Jim Backstrom and Dakota County Sheriff Don Gudmundson recognized and thanked the City of Lakeville Channel 16 staff, Jim Schiffman, Matt Stauner and Jeff Lueders, for assistance in coordinating, producing and editing an educational videotape entitled "Tragic Consequences". Portions of the videotape were shown. Dakota County Attorney Jim Backstrom and Chief Martens recognized several Lakeville DARE students, winners and honorable mention winners of the Dakota County 1998 Anti-Drug/Violence Poster Contest. CITIZENS' COMMENTS Mr. Lane Leipold, 10928 W. 203rd Street, expressed his concern regarding an odor, dust and residue problem in his neighborhood from the River City Asphalt plant located off of 205t" Street, west of I-35. Mayor Zaun indicated that he had been made aware of the problem and visited the neighborhood. He stated he had observed an odor, under high-pressure weather conditions. He stated the Council could discuss this matter under New Business. CONSENT AGENDA Council members removed Items 7d and 7f from the consent agenda. 98.1.80 Motion was made by Holberg, seconded by Sindt to approve the consent agenda items as follows; a. Claims for payment. b. Receive minutes of the following advisory committee meetings: •3 Planning Commission, July 16 1998 ? Parks & Recreation Committee, July 15, 1998 Environmental Affairs Committee, July 14, 1998 ? Joint EDC/EAC South Creek Subcommittee, June 23, 1998 c. Resolution No. 98-154 approving a gambling permit for All Saints Church. d. (Removed from consent agenda) CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 3 . e. Resolution No. 98-155 accepting Minnesota Re-Leaf Community Tree Planting and Forest Health Grant Funds. f. (Removed from consent agenda) g. Resolution No. 98-157 accepting a donation from Dakota Electric to Safety Camp. h. Resolution No. 98-158 accepting a donation from. Lakeside Lions to Meals on Wheels. i. Resolution No. 98-159 approving election judges for the September 15, 1998 State. Primary Election. j. Special Assessment Agreement with Robert D. Wolff and Denise L. Wolff, 18664 Kenwood Trail k. Encroachment Agreement for a sign located at 21730 Hanover Avenue (QA1 Precision Products, Inc.). Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 7D Motion was made by Holberg, seconded by Mulvihill to approve an easement with Marcus Cable for the installation of fiber optic cable at King Park. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Holberg, Ryan. Sindt abstained due to a possible conflict of interest. ITEM 8 Mayor Zaun opened the public hearing on the application of Tom Thumb Food Markets, Inc. for an off-sale 3.2% malt liquor license at Tom Thumb #306, 17450 Kenwood Trail. 98.181 Motion was made by Mulvihill, seconded by Sindt to receive a letter from Tom Thumb dated July 8, 1998 withdrawing its application fora 3.2 beer license. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 4 98.182 Motion was made by Sindt, seconded by Mulvihill to close the public hearing on the application of Tom Thumb Food Markets, Inc. for an off- sale 3.2% malt liquor license. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 9 Mr. David Malmberg requested Council approval of the preliminary and final plat of Malmberg and Bond Addition. City Planner Daryl Morey presented the preliminary and final plat for one lot and one outlot on one block to be known as Malmberg and Bond Addition. Children's World Learning Centers has applied for a conditional use permit to allow the development and operation of a day care facility on a 1.6 acre lot. A 2.0 acre outlot will be final platted in the future when a use is identified. Both parcels are zoned B-4, General Business District. Two non-conforming buildings have recently been removed from the site, and the well has been capped. The developer is proposing 37 parking spaces for the day care facility. One driveway access is proposed onto 165t" Street opposite the Jonquil Avenue intersection. Landscaping will be planted to screen the day care facility from the nearby single family residential property. The Planning Commission held a public hearing and recommended approval subject to 10 stipulations. Staff recommends approval Council Member Holberg asked about access onto 165t" Street. She expressed a concern that there may end up to be a driveway for every parcel, recognizing the number of small parcels along this portion of 165t" Street. Mr. Morey explained that the City recently adopted driveway access spacing requirements. Also, consistent with past practice in terms of commercial development, the City tries to minimize the number of driveways and encourages the use of shared driveways between businesses. Council Member Sindt asked if Jewel Avenue could be used for access to the outlot area, rather than 165t" Street.. Mr. Sobota stated Jewel. Avenue could not be used for access to the commercial site due to the existing grades and the fact that Jewel Avenue is exclusively a residential neighborhood street. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 5 98.1.83 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-160 approving the preliminary and final plat of Malmberg and Bond Addition. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill 98.184 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow a day care facility on Lot 1, Block 1, Malmberg and Bond Addition. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 10 Jack Matasosky of Appro Development, Inc. requested Council consideration of a conditional use permit to allow an expansion of the existing Imperial Plastics facility, resulting in a total impervious surface area greater than 25 percent, at 21320 Hamburg Avenue. Mr. Sobota presented the proposed expansion project. He explained that the previous expansion of Imperial Plastics was approved for "pay as you go" Tax Increment Financing in 1992. The expansion anticipated a possible future expansion to the building and parking area. Since that time, all obligations of the TIF district were met ahead of schedule, and the district was de-certified. Imperial Plastics is now proposing an 11,630 square foot expansion of the building, as well as expanded parking areas.., The developer has agreed to install shade trees on the south side of the storm water holding ponds and has also agreed to deepen the ponds into the ground water to address DNR concerns with regard to trout stream degradation. Staff recommends approval Council Member Sindt asked about deferred parking. Mr. Sobota stated the developer has signed a parking deferment development contract requesting a deferment of 35 parking stalls. The site plan identifies the location of the future parking stalls, which must be constructed if and when parking demand exceeds the actual on-site supply.. 98.185 Motion was made by Sindt, seconded by Mulvihill to receive the .Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow expansion of an existing manufacturing facility, resulting in a total impervious surface area greater than 25 percent, located at 21320 Hamburg Avenue. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 6 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. STEM 11 Mr. Lonnie Smith, Business Director for ISD 194, requested Council approval of the preliminary/final plat and conditional use permit for Lakeville Ninth Elementary School, to be located on the west side of Highview Avenue, north of Messiah Lutheran Church. Mr. Morey explained that ISD 194 voters, as part of the 1997 school bond referendum, approved construction of the ninth elementary school. The referendum, however, did not include funds for purchase of this 20- acre site, as the school district had planned to use property it already owned. The previously proposed location was abandoned by the school district when the City's Environmental Affairs Committee recommended denial of the school district's wetland impact. plan for the site. Because the school district had to expend construction funds for the purchase of land, the initial size of the new elementary school has been reduced from a 700-student capacity to a 500-student capacity building. The school district plans to expand the building in the future when funding is available. The design will be similar to Eastview Elementary School The building, parking lot and recreational facilities are being positioned on the site to avoid impacting the existing stand of trees. The City will construct 165th Street from its existing terminus to intersect with Highview Avenue in conjunction with this project. The Planning Commission held a public hearing on the preliminary/final plat and conditional use permit, and there was no public comment. The school district has held .neighborhood meetings and received positive feedback from area residents. ISD 194 has submitted a cash payment for 165th Street and trail construction. Staff recommends approval. City Engineer Keith Nelson presented a resolution approving plans and specifications and setting a bid date for the extension of 165th Street from Highview Avenue to 1300 feet west. The estimated project cost is $304,100. This project, he explained, was not included in the City's 1998-2002 Capital Improvement Plan. Mr. Nelson requested the CIP be amended to include the project for 1998 funding, utilizing the Trunk Water Fund and Public Works Reserve Fund. He explained that at the request of ISD 194, all utility construction, granular borrow and aggregate base is specified to be completed this fall. Concrete curb and bituminous paving will be specified for completion next summer. The resolution also authorizes the City Attorney to acquire a temporary construction easement from the property located north of 165th Street. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 7 Council Member Ryan stated he feels there have been a great deal of exceptions made by the City for this site to accommodate the school district. He stated he feels the new elementary school could have been . placed on the same site as the new junior high school 98.186. Motion was made by Mulvihill, seconded by Holberg to approve the following: ? Resolution No. 98-161 approving the preliminary and final plat of Lakeville Ninth Elementary School; ? Conditional Use Permit to allow the construction of a public elementary school on the west side of Highview Avenue, north of Messiah Lutheran Church; and ? Resolution No. 98-162 approving plans and specifications, setting a bid date, authorizing the .City Attorney to acquire temporary easement and amending the 1998-2002 Capital Improvement Plan for 165th .Street construction, Improvement Project 98-15. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 12 Mr. John Bruni, representing Monroe Truck Equipment, requested Council approval of a conditional use permit to allow impervious surface coverage greater than 25 percent in the Shoreland Overlay District on land located north of 215th Street and west of Cedar Avenue. Mr. Sobota presented the request for a conditional use permit to allow the construction of a 44,890 square foot ofFce/warehouse/manufacturing facility with a total impervious surface area of 60 percent at full development. The extension of Grenada Avenue and the right turn lane are proposed to be constructed by Airlake Development. Access to the Monroe Truck Equipment site is provided from a proposed shared driveway from the extension of Grenada Avenue. The outdoor storage area is proposed to be surrounded by an eight-foot chain link fence. The fence will be landscaped. Staff recommends approval 98.187 Motion was made by Holberg, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow the construction of a new building on land located north of 215th Street and west of Cedar Avenue, with a total impervious surface area greater than 25 percent. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 8 • Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 13 Denny Dunham requested Council approval of a conditional use permit to allow the construction and operation of a commercial recreational facility (golf driving range). Mr. Sobota presented the request for a golf driving range on property located immediately south of the McStop complex on Kenrick Avenue. The proposed golf driving range is considered a temporary use of the property until such time as the proposed Kenrick Avenue realignment occurs or sanitary sewer services are available. Sanitary sewer will not be available until after the year 2010. The City of Lakeville and Dakota County have identified the proposed realignment of the Kenrick Avenue frontage road as a potential-year 2002 project. However, federal and state funding for the County Road 70 bridge,, which drives the reconstruction of Kenrick Avenue, has not been encumbered. Mr. Dunham is aware of the future road connection and has agreed to the five stipulations recommended by the Planning Commission and staff. 98.188 Motion was made by Mulvihill, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow the construction and operation of a commercial recreational facility on Kenrick Avenue, north of 215th Street and south of McStop. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. ITEM 14 Lyle Nash, representing Green Ridge Associates, requested Council approval of the final plat of Greenrige. Mr. Morey presented the final plat of Greenridge, which consists of 66 single-family lots. The proposed plat is located on the west side of Flagstaff Avenue, south of 175th Street, and is consistent with the approved preliminary plat. Mr. Morey explained that after the Planning Commission meeting, the developer informed City staff that he was unable to complete negotiations with the property owner to the south (Robert Jensen) for a temporary pond. Staff met with the developer and Mr. Jensen and concluded that, consistent with the City's storm water • management plan, a permanent pond on the Jensen property would be CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 9 . a preferred alternative. The City Administrator negotiated the purchase of all land necessary for the permanent 16-acre regional pond from Mr. Jensen. Consistent with the City's long standing practice, the City will credit the developer's storm sewer area charge for the Greenridge plat for the purchase of the pond. Staff recommends approval 98.189 Motion was made by Holberg, seconded by Mulvihill to approve .Resolution No. 98-163 approving the final plat of Greenridge. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg.. UNFINISHED BUSINESS: None NEW BUSINESS 98.190 Motion was made by Sindt, seconded by Holberg to hold a Special .Council meeting on Tuesday, September 15,..1998, at 8:00 p.m: to consider the 1999 preliminary budget and tax levy. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. The City Council discussed the concern raised under Citizens Comments regarding the odor and residue coming from. the River City Asphalt plant. Mr. Erickson indicated that area residents will be invited to an informational meeting on August 12, 1998 at Super 8 Motel to discuss the problem with representatives from River City Asphalt, Sunde Engineering and the Minnesota Pollution Control Agency. City staff will also be present. Mayor Zaun felt that the problem might possibly be caused by a greater than usual number of inversion days this summer due to extreme weather conditions. The mayor and council members stated they are hopeful, through some type of technology, that the plant operation can be adjusted and the problem resolved. ITEM 7F Council Member R~ran stated he is hesitant to award the contract for the Ipava Avenue/185 Street intersection project, with bids coming in 10% over the City Engineer's estimate. He stated he feels the proposed construction of a storm water pond seems to be an unnecessary expense, given the fact that the pond will be removed when Ipava Avenue is extended to the south. He also pointed out the high cost involved in the removal and exporting of excavated material to another site. He stated he felt the City could incorporate a fill area in the design CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 10 of the project, which would help lower the excavation costs. He urged. the Council to reject the bids, authorize staff to modify the project design and combine this project with the 165th Street improvement project. He felt that by combining the two projects, the City could receive more favorable bids. Paul Hornby of OSM, consulting engineer for the project, stated the most significant bid item that exceeded the engineer's estimate was in the area of traffic control. He stated there was a detour plan added to the project by Dakota County, and the engineer's estimate did not reflect that increase, which accounts for 6.5% to 7°I° of the increased cost of the project. He explained that the connection to the existing water main came in much higher than the engineer's estimate, and his firm is discussing options with the low bidder to reduce the cost for the water main connection. Mr. Hornby stated that while the storm water pond is temporary, it was felt that the pond was necessary to provide sediment control. He further stated the gradient to the south provides a challenge with regard to placement of excavated fi11 on site. Council members considered the affect delaying this project would have on ISD 194. Mr. Nelson explained that sewer and water needs to be . extended to the school site this year in order for the new junior high • school construction to remain on schedule. He pointed out that there are a considerable number of projects out in the bidding market right now, and re-bidding this project could result in less favorable bids. Mr. Erickson stated he was surprised and frustrated to hear of the high detour costs. He stated he will discuss this matter with the county engineer. Mr. Erickson assured the Council that the City's consulting engineer and staff will make every attempt to pursue alternatives and reduce the cost of this project. Mr. Knutson pointed out that these negotiations will need to be done through change. orders, as the actual bid cannot be altered. Council Member Ryan stated he feels the market for this type of work is very competitive. He urged the Engineering Department to carefully prepare the specifications for the 165th Street project so that the City may receive favorable bids. 98.191 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 98-156 receiving bids and awarding contract for the Ipava Avenue/185th Street intersection, Improvement Project 98-7. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, . Zaun. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 3, 1998 PAGE 11 ANNOUNCEMENTS Next regular Council meeting, August 17, 1998 Council work session, August 5, 1998 Mayor Zaun adjourned the meeting at 9:33 p.m. Respectfully submitted, harlene Friedges, City Irk Duane Zaun, Mayo