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HomeMy WebLinkAbout07-06-98 CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 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; D. Martens, Chief of Police; J. Hennen, Administrative Assistant; R. Mullenbach, Planning Assistant; C. Friedges, City Clerk. Mayor Zaun referenced a letter he received from the Lakeville Small Business Association (LSBA) and asked the Council to consider, under New Business, whether to place the LSBA on the Juiy 20th City Council meeting agenda. MINUTES . The minutes of the June 15, 1998 City Council meeting, June 22, 1998 special Council meeting and the June 22, 1998 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson stated that in addition to the Fire Department By-Laws, the Council is being asked to adopt an ordinance amending Title 8, Chapter 1, of the City Code under consent agenda item 7d. The ordinance, he stated, is necessitated by the Fire Department By-Laws. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the May 1998 Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 2 • Mr. Mi h ' c and highlighted some of Renee s accomplishments during her 11-year tenure with the City. Jon Gurban, Executive Director of the Minnesota Parks & Recreation Association, and City Administrator Robert Erickson thanked Renee for her dedicated service and presented tokens of their appreciation. Mayor Zaun presented a plaque to Renee on behalf of the City of Lakeville. Chief Martens made a presentation to former Lakeville Police Sergeant Scott Johnson, who is now the Police Chief for the City of Mendota Heights. CITIZENS' COMMENTS Jim Wolter, 10132 -185' Street, expressed concern regarding the City- . owned property at 175' Street and Ipava Avenue and the high cost of placing a well on this property. He stated he felt the Council should look at additional options for this land. CONSENT AGENDA Council members added items 12 and 14 to the consent agenda. 98.158 Motion was made by Sindt, seconded by Ryan to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, June 24, 1998 Planning Commission, June 25, 1998 Environmental Affairs Committee, June 23, 1998 Economic Development Commission, June 23, 1998 Neighborhood Meetings (Comp Plan Update), May 5, 6, 13, 27, 1998 c. Resolution No. 98-138 accepting a donation from Chemcentral for Safety Camp. d. Lakeville Fire Department By-Laws and Ordinance No. 630 amending Title 8, Chapter 1 of the Lakeville City Code concerning the Fire Department. CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 3 • e. Resolution No. 98-139 abating certification of delinquent utility bill for 17115 Franchise Way. f. Receive petition and authorize installation of a street light at 195tH Street and Holyoke Avenue. g. Resolution No. 98-140 approving plans and specifications and setting a bid date for Ipava Avenue/185' Street, and approve Agreement for Highway Design and Construction with Dakota County, Improvement Project 98-7. h. Change Order No. 8 and final payment to Bor-Son Construction, Inc. for the water treatment plant, Improvement Project 94-2. i. Grant of Permanent Easement to Marcus Cable, Inc. j. Tree service operator license for Shorewood Tree ,Residential Service. k. Mechanical amusement device license for Lucky 7 Games, Inc. d.b.a. Ole Piper Inn. I. Resolution No. 98-141 vacating a boundary drainage and utility easement in Lake Villa Golf Estates 7tH Addition. m. Special assessment agreement with Gerald McDonald, 18271 Kenwood Trail n. Certificate of completion for Itron building, 20855 Kensington Blvd. o. Special assessment agreement with Hosanna! Lutheran Church. 12. Conditional use permit to allow a second driveway curb cut access on Lot 12, Block 1, Paradise Hills. 14. Conditional use permit amendment to allow the construction of an attached garage, resulting in a total on-site accessory building area greater than 13,068 square feet, at 8315-190' Street West. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. • CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 4 ITEM 8 Mayor Zaun opened the public hearing on the establishment of a Special Service District in downtown Lakeville. The City Clerk attested to legal notice publication. Nicole Bennett, Economic Development Specialist, explained that Minnesota Statutes Chapter 428A enables the City to create Special Service Districts and to impose special tax levies on taxable commercial parcels for the purpose of financing services which are not ordinarily provided by the City from the General Fund. In order to establish a Special Service District, a petition including property owner signatures representing more than 25% of the total tax capacity and more than 25% of the total property is required. A petition from the Downtown Lakeville Business Association (DLBA) representing owners of approximately 78% of the net tax capacity and land area of property that would be subject to the proposed service charge was received by the City Council on June 1, 1998. Ms. Bennett explained that the proposed district would include the area along Holyoke Avenue from 202"d Street to 210th Street. The DLBA is proposing a service charge of approximately $27,000 be imposed each year for taxes payable 1999 and 2000. The maximum charge levied against a parcel would be $6,000, and the minimum charge per parcel would be $100. Ms. Bennett explained that the proposed ordinance includes a provision for the establishment of an advisory board to be comprised of property owners from within the district. The Advisory Board shall be appointed bythe City Council. Dick Sherman spoke on behalf of the DLBA requesting Council .establishment of a special service district in downtown Lakeville and the imposition of a service charge under Minnesota Statute Chapter 428A. Mayor Zaun opened the public hearing. to questions and/or comments. Don Speiker, majority stockholder in the Lakeville Family Bowl, Inc., stated he is opposed to the establishment of a special service district in downtown Lakeville. He stated he feels the City should not be involved, and downtown businesses should not be forced to participate if they choose not to, Alan Morrison, 20560 Howland. Avenue, asked what the 78% of signatures on the petition represent. Ms. Bennett explained that the 78% represent the net tax capacity and land area of property that would be subject to the proposed service charge. CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 5 • Alan Morrison, 20560 Howland Avenue, asked what the 78% of signatures on the petition represent. Ms. Bennett explained that the 78% represent the net tax capacity .and. land area of property that would be subject to the proposed service charge. Julie Speiker, Lakeville Family Bowl, pointed out that only nine out of 21 property owners signed the. petition. She stated in her opinion, the. downtown cannot be viable due to the lack of parking space. She felt the money raised by the special service district might go to waste if the City does not remedy the downtown parking problem. Janet Tuma, 20783 Holyoke Avenue, stated she hopes the money will not. be used for more downtown studies. She stated she wants to see some results. Nancy Smith, representing the Gregory J. Smith dental office, stated the lack of downtown parking is not a new issue to the Downtown Lakeville Business Association. She stated she feels the special service district can help resolve that issue. Mike Giles, 23545 Cedar Avenue, Farmington, asked if the DLBA would review all planning or zoning issues proposed for downtown before they are reviewed by the City Council. Mr. Erickson assured him that the DLBA would not act as a review body on planning or zoning issues. Council Member Ryan, liaison for the Downtown Lakeville Business Association, voiced his support of the proposed special service district. He pointed out that there .are no residential properties involved in this tax district. He stated the City Council is well aware of the parking concerns, and he feels the City is headed in the direction of resolving those problems. He also pointed out that the district, at this time, involves a two-year tax assessment, and he feels it has merit. Mr. Erickson pointed out that the nine signatures on the petition represent approximately $21,000 of the total $27,000 budget. Council Member Holberg asked that the DLBA submit to the City Council its proposed Advisory Board structure, to be considered by the City Council at a later date. 98.159 Motion was .made by Mulvihill, seconded by Sindt to close the public hearing on the establishment of a special service district. CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 6 Roll call was taken on the motion. A es Zaun Sindt Mulvihill Holber Y g, Ryan. Mr. Sherman stated the DLBA shares the concerns raised by the Speikers and will work as a group to address them. 98.160 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 631 authorizing creation of Special Service District No. 1 and Resolution No. 98-142 imposing a service charge for Special Service District No. 1; and request the DLBA Board to submit to the Council a proposed list of Advisory Board members for appointment at the July 20~' Council meeting. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun.... ITEM 9 98.161 Motion by Mulvihill, seconded by Holberg to table the public hearing on the application of Tom Thumb Food Markets, Inc. for an off-sale 3.2% malt liquor license until the August 3, 1998 City Council meeting. • Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 10 Mr. Sobota presented a Request for Proposals for a community corridor and gateway design/landscape plan, prepared by the City's Community & Economic Development Department. He explained that the Economic Development Commission (EDC) identified a landscape corridor study as a high priority project for 1998, and money was set aside in the 1998 and 1999 budgets. The EDC appointed a subcommittee comprised of Commissioners Brantly, Miller and Tushie to develop a Request for Proposals, inviting all interested consultants to submit a proposal for undertaking the landscape corridor study. Gary Tushie, representing the EDC, explained that the focus of the study was to provide a consistent community identity at key locations and along major transportation corridors, to enhance Lakeville's image with a signature design character, and encourage community pride and appeal. Phase I of the study will include an inventory and analysis of existing features along the major community corridors and gateways, the . creation of design guidelines, an overall plan and a list of potential CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 7 funding sources. The second phase could include changes in landscape requirements for each of the specific areas. Council Member Sindt asked if there are any plans in the near future to improve Dodd Boulevard. Mr. Sobota stated Dodd Boulevard is currently not in the County's 5-year Capital Improvement Plan (CIP) for any major improvements. Mr. Erickson suggested that the Council authorize staff to prepare an appropriate resolution bringing Dodd Boulevard to the County's attention, recognizing the County is now upgrading its 5-year CIP. 98.162 Motion was made by Mulvihill, seconded by Sindt to approve the Request for Proposals for a Community Corridor and Gateway Design/Landscape Plan for the City of Lakeville, dated June 30, 1998. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. 98.163- Motion was made by Mulvihill, seconded by Sindt to direct staff to prepare a resolution for consideration by the City Council at its July 20tH meeting requesting the Dakota County Board to consider upgrading Dodd Boulevard within the next five years. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 11 Mr. Sobota presented the application of Colin & Kimberli Fowler, Donald & MaxineBollinger, and Morel Helkenn for the rezoning of three parcels of property in Argonne Farms. The rezoning is being requested to enhance the ability for the Fowlers to obtain a conventional mortgage and adequate insurance coverage for their existing single-family home. The rezoning would bring the zoning into consistency with the low- density.. residential guided use of the property and existing single family uses. In conjunction with the rezoning, the City of Lakeville is requesting the vacation of a portion of Junelle Path south of 175' Street, which would reduce the non-conformity of a platted road right-of--way of substandard width that currently splits a tax parcel. The Planning Commission unanimously recommended approval of the Fowler, Bollinger and Helkenn rezoning from B-4, General business District, to R-2, Single Family Residential District. The Planning Commission also recommended approval of the street vacation, subject to the City s CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 8 i retaining a drainage and utility easement over the vacated right-of--way. City staff supports the Planning Commission's recommendation. Mayor Zaun referenced a letter submitted to the Planning Commission by Ron Gerk indicating that 176th Street to the east has been planned to continue to the west to Junelle Path through his property. He is concerned that this would not occur with the vacation of the road easement on the Helkenn property. Mr. Sobota stated the property owners applying for the rezoning were not aware of any access to Mr. Gerk's property through their properties. He stated the Planning Commission was not clear as to the intent of Mr. Gerk's concerns. 98.164 Motion was made by Mulvihill, seconded by Holberg to adopt Ordinance No. 632 rezoning property in Argonne Farms from B-4, General Business District, to R-2, Single Family Residential District; and approve Resolution No. 98-143 vacating a portion of Junelle Path. Roll call. was taken on the motion. Ayes, Zaun, Sindt, Mulvihill., Holberg, Ryan. ITEM 13 .Bob Bieraugel, Environmental Affairs Manager, CAMAS Minnesota, Inc., requested an amendment to the Nordic Square Planned Unit Development/Conditional Use Permit (PUD/CUP) and Mining and Excavation Permit to allow the aggregate processing plant to operate on Saturdays from March 1 through December 31, 7:00 a.m. to 5:00 p.m. Mr. Sobota explained that Camas Minnesota, Inc. is the operator of the gravel pits located north and south of 160th Street West and east of Pilot Knob Road in Lakeville and Apple Valley. Camas has determined that the additional hours of operation are needed to accommodate demand for the aggregate product. The amendment would not allow active mining on the south side of 160th Street on Saturdays. The Saturday operations will utilize existing material stockpiles and/or conveyed` material The Planning Commission held a public hearing on the proposed amendment and unanimously recommended approval. In response to Council Member Sindt's question, Mr. Bieraugel stated Camas has identified the year 2010 as the proposed completion date on its mining and excavation activity in Lakeville. Council Member Mulvihill stated she felt uneasy with allowing this PUDlCUP amendment to continue for 12 years. Since the area is CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 9 rapidly growing and changing, she stated she would prefer to see the conditions with regard to hours of operation reviewed approximately every two years. Mr. Erickson pointed out that since Camas took over operation of the plant, there have been no complaints from residents on the south side of 160' Street. Mr. Bieraugel stated his company intends to hold neighborhood meetings in the spring of each year to address any concerns the residents might have. Council members and Mr. Bieraugel discussed operations of the mining .activity and future anticipated land uses around the mine. Mr. Erickson stated the phased expansion of the MUSA and anticipated development. around the mine could occur as early as 2003. 98.165 Motion was .made by Mulvihill, seconded by Sindt to add a condition to the Planned Unit Development/Conditional Use Permit and Excavation Permit Amendment for Camas Minnesota, Inc. that it shall expire on December 31, 2003. .Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. 98.166 Motion was made by Mulvihill, seconded by Sindt to approve a Planned Unit Development/Conditional Use Permit and Excavation Permit Amendment for Camas Minnesota,. Inc. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 15 Mr. Bart Winkler requested Council approval of a conditional use permit to allow the placement of fill within the flood plain of Lake Marion on property located. at 19099 Orchard Trail Mr. Sobota explained that the conditional use permit is being requested to accommodate the redevelopment of asingle-family home site. The house on the subject property currently does not meet. Zoning Ordinance requirements for minimum floor elevation above the Ordinary High Water Level. Mr. Winkler plans to purchase the property, remove the existing buildings and construct a new single family home on the parcel. The CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 10 • new home would meet Zoning Ordinance requirements by raising the house pad area with fill.. Staff recommends approval of the conditional use permit. 98.167 Motion was made by Sindt, seconded by Holberg to approve a conditional use permit to allow the placement of fill within the flood plain of Lake Marion on property located at 19099 Orchard Trail Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill ITEM 16 98.168 Motion was made by Holberg, seconded by Mulvihill to reconvene the Strategic Growth Management Task Force and appoint Task Force members per the Public Information Coordinator's memo dated July 2, .1998. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. • ITEM 17 98.169 Motion was made by Sindt, seconded by Mulvihill to hold a Council work session on July 27, 1998 at 4:00 p.m. to review Computer Network and Cable TV Franchise Agreements and the Local Area Network (LAN)/Wide Area Network (WAN) design. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. In light of the upcoming Council work session, Mr. Erickson asked the City Council to approve a resolution extending the CableN franchise until August 17, 1998. 98.170 Motion was made by Mulvihill, seconded by Holberg to approve Resolution No. 98-144 extending the Cable TV ,Franchise. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun. Sindt abstained due to a conflict of interest. UNFINISHED BUSINESS None • CITY OF LAKEVILLE COUNCIL MEETING JULY 6, 1998 PAGE 11 i NEW BUSINESS Mayor Zaun asked if Council members want to have a presentation by the Lakeville .Small Business Association (LSBA) placed on the July 20tH City Council agenda. Mayor Zaun stated he would request that the LSBA submit a list of specific topics and/or areas of concern they plan to discuss at the meeting. Council Member Ryan requested that the LSBA be placed on the July 20th City Council meeting agenda as a regular agenda item. Council Member Ryan raised the. issue, consistent with the discussion at the June 29~' work session, of zoning for single family lots, including lot sizes, density and modification of PUD zoning for single family uses. He suggested expanding the current R-2 zoning classification to accommodate 85-foot and possibly smaller lots, along with other options. He stated he is interested in investigating the concept of performance zoning standards and, if council members concur, would offer a motion directing staff to pursue a proposal from Northwest Associated Consultants to study Lakeville's single family zoning districts.. 98.171 Motion was made by Ryan, seconded by Mulvihill to direct staff to obtain a proposal from Northwest Associated Consultants to pursue a study of Lakeville's single. family zoning districts. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. ANNOUNCEMENTS: Next regular Council meeting, July 20, 1998 Adjourn 9:42 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk Dua a Zaun, Ma