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HomeMy WebLinkAbout01-20-98 / • , CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20,1998 The meeting was called to order by Mayor Zaun at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers 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; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the January 5, 1998, City Council meeting and the January 7, 1998, Council Work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson stated a Voluntary Dismissal Without Prejudice was received today dismissing all claims against the City of Lakeville by Ryan Contracting, Inc. Therefore, there is no litigation to discuss, and an executive session of the City Council will not be necessary. ENGINEER: None ADMINISTRATOR: Mr. Erickson stated the SnoTrackers President, Larry Lulf, has asked that Item 7j, agreement with the SnoTrackers Snowmobile Club, be tabled to allow their executive board to address questions and issues related to the contract. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk was unable to attend the Council meeting due to an illness in his family. The monthly report and SCADA system will be presented at the February 2"d Council meeting. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the December, 1997, monthly report of the Parks & Recreation Department. PRESENTATIONS/INTRODUCTIONS Mayor Zaun recognized Steve Michaud for receiving the 1997 MRPA Clifton E. French .Distinguished Service Award. Mr. Ken Vraa, Director of Parks & Recreation for the City of Eagan and past president of the MRPA, re-presented the award to Mr. Michaud. The CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 2 award was officially presented to Mr. Michaud at the 1997 MRPA awards banquet held on December Sa'. Mayor Zaun presented a plaque to Tom Emond in recognition of six years of service on the Environmental Affairs Committee. Chief Martens introduced the newest Police Department dispatcher, John O'Laughlin, who previously served as a ParkRanger and Community Service Officer for the Police Department. CITIZENS' COMMENTS Mr. John Young, 16275 Hudson Avenue, President of the Lakeville Small Business Association, asked that all agendas from City Council meetings, Council work sessions, Planning Commission meetings and Economic Development Commission meetings, and minutes of all non-televised meetings be mailed to the Lakeville Small Business Association. He introduced the Vice President of the Association, Jane Volz. She asked for information regarding conflicts of interest, specifically how the law applies to City staff members. She introduced the Association Treasurer, Joe Miller. Mayor Zaun asked that the specific requests for information be forwarded in writing to the City Council Mr. John Boland, 10241 205' Street West, Secretary of the Lakeville Small Business Association, asked if the Council would consider televising its work sessions. Mayor Zaun stated there are currently no plans to televise work sessions, as they are done in a more informal setting and have proven to be productive in that type of setting. Councilmember Ryan indicated that a number of citizens have asked about televising work sessions, and he felt this matter could be discussed by the Council at a future work session. CONSENT AGENDA Councilmembers removed items 7a, 7j, 7m, and 7o from the consent agenda. Mr. Boland asked that items 7e and 7g also be removed from the. consent agenda. 98.18 Motion was made by Sindt, seconded by Holberg, to approve the consent agenda items as follows: a. (Removed from consent agenda.) b. Receive minutes of the following advisory committee meetings: CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 3 Ice -Arena Advisory Committee, December 31, 1997 Environmental Affairs Committee, January 6, 1998 Parks & Recreation Committee, January 7, 1998 Planning Commission, January 8, 1998 c. Janitorial maintenance contract with Tower Cleaning Systems for the water treatment plant. d. Change Order No. 1, final acceptance and final payment for modifications to mechanical, electrical and lighting systems at the streets/parks building and the utilities building, Improvement Project 97-10. e. (Removed from consent agenda.) f. Resolution No. 98-7 approving a gambling permit for Lakeville Knights of Columbus. g. (Removed from consent agenda.) h. Special assessment agreement for Valley Christian Church 2nd Addition. i. Resolution No. 98-9 approving vacation of a drainage and utility easement in Gateway First Addition. j. (Removed from consent agenda.) k. Agreement with South Forty Archery Club for use of Ritter Farm Park. 1. Final acceptance of street improvements, Country Creek Estates Second Addition. m. (Removed from consent agenda.) n. Trunk storm sewer and sanitary sewer credits, Kenridge and Kenridge 2nd Addition. o. (Removed from consent agenda.) p. Tree City USA application for recertification. q. Confirmation of Laurie Rieb as Planning Commission Chairperson for 1998. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 4 Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 7A Mayor Zaun stated he should abstain from voting on the claims for payment, since it includes a payment to his wife, Mary Zaun, which would be a conflict of interest. Councilmember Sindt asked the City Attorney if a payment for meeting reimbursement would. also constitute a conflict of interest. Councilmember Ryan asked about mileage reimbursement and meeting expenses for Councilmembers. Mr. Knutson stated that mileage, meetings and other payments that are routine in nature would not constitute a conflict of interest, and Councilmembers would .not. have to abstain from voting. 98.19 Motion was made by Mulvihill, seconded by Holberg to approve the claims for payment. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan. Zaun abstained. ITEM 7E Mr. John Boland asked for an explanation of this item. Mr. Erickson provided an overview of the Liquor Store #4 construction project. He stated the project took approximately 22 weeks to complete, resulting in the actual cost being $34,380 under budget. The various change orders for the project amounted to $10,968. (net add). 98.20 Motion was made by Mulvihill, seconded by Holberg to approve change orders for Liquor Store #4. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 7G Mr. John Boland asked how many pull tabs the Lakeville Hockey Boosters have sold and what percentage of the profits is donated to the ice arena.. Mr. Feller indicated that the organization raises approximately $100,000 annually. They donate $70,000 plus 90% in excess of $70,000 to the City for payment on the ice arena bonds. 98.21 Motion was made by Holberg, seconded by Sindt to approve Resolution No. 98-8 approving a gambling permit for the Lakeville Hockey Boosters. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 5 ITEM 7J 98.22 Motion was made by Sindt, seconded by Mulvihill to table consideration of an agreement with SnoTrackers Snowmobile Club, at the request of the SnoTrackers. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. ITEM 7M 98.23 Motion was made by Mulvihill, seconded by Sindt to approve trunk storm sewer, sanitary sewer and watermain credits, Golden Pond 3rd Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan abstained due to a possible conflict of interest. ITEM 70 98.24 Motion was made by Sindt, seconded by Holberg to approve trunk watermain credits and storm sewer area charges, Crystal Lake Fairways. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan abstained due to a possible conflict of interest. ITEM 8 Web Team members Danny Barth, Lea Guenther and Jeff Lueders presented a proposal for the development and maintenance of a City of Lakeville Homepage and Website. They explained that the Web site will feature City Council and Planning Commission meeting agendas, the weekly Messages page, a City facilities map and other information. The information on the Web site will be updated approximately twice a year, with exception of agendas and Messages. The Web team recommended approval of a contract with Shade's Landing, Inc. to provide Web site services. They explained that Shade's Landing will provide a weekly tally of the number of visitors to the City of Lakeville Web site and the specific pages that are visited most often. Mr. Gary Shade of Shade's Landing provided a direct link to the Internet and the City of Apple Valley's home page to give an idea of what Lakeville's Web site will look like. Mr. John Boland asked what the contract will cost and what the cable TV penetration rate is. Mr. Barth stated the contract with Shade's Landing is $4,060, which covers the initial year's cost of designing and maintaining the Web site. The Public Information budget CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 6 includes $1,200 to cover costs associated with weekly updates of the Messages page. Mr. Lueders stated the penetration rate for cable TV access is about 67%. Chief Martens asked if the data for the Web site pages will need to be manually entered. Mr. Barth stated the initial information (approximately 31 pages) will be scanned. 98.25 Motion was made by Sindt, seconded by Mulvihill to approve a contract with Shade's Landing, Inc. for Website services. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 9 Mr. Bart Winkler, representing LV Development, Inc., requested Council approval of the final plat of Lakeview Estates 3rd Addition. City Planner Daryl Morey presented the final plat of Lakeview Estates 3rd Addition, which consists of 27 single family lots south of 205th Street and east of Kenrick Avenue, and represents the third and final development phase of the preliminary plat approved in 1995. Mr. Morey indicated that the final plate of Lakeview Estates 3rd Addition is consistent with the preliminary plat previously approved by the City Council The final plat has been reviewed by the Planning Commission, Environmental Affairs Committee and Parks & Recreation Committee, and all recommend approval. Staff recommends approval. Mr. John Boland asked about the cash escrow for the future upgrade of 205d` Street. Mr. Erickson referenced .Item 21 on Page 12 of the Development Contract for Lakeview Estates 3rd Addition, which requires the developer to post a $23,929.17 cash escrow with the City for future improvements to 205th Street, and a $6,246.57 cash escrow for future .trail improvements along 205th Street. 98.26 Motion was made by Holberg, seconded by Sindt to approve ResolutionNo. 98-9 approving the final plat of Lakeview Estates 3rd Addition. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 10 Mr. Gary Humphrey, representing ANDTT Building Partnership and Tutor Time Day Care, requested Council approval of a rezoning, final plat and conditional use permit to allow construction of a Tutor Time Day Care at 176th Street. and Ipava Avenue. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 7 Mr. Sobota provided an overview of the three separate actions involved with this project. The rezoning of the property from B-2 and R-5 to R-B, Residential Business Transition District, would allow the daycare use of the property, while addressing a potential future re-use of the building. The final plat of Tutor Time Addition consists of two lots and one block. Lot 1, Block 1, would be acquired by the City for a future well site with essentially no structures on the property. The City's zoning ordinance allows daycare centers which serve more than 12 persons by conditional use permit in all zoning districts. Mr. Sobota pointed out that the proposed rezoning and daycare project at this location has been found to be consistent with the City's Comprehensive Plana Mr. Sobota explained that the Planning Commission required the developer to work with the City Engineer to determine whether a second access onto 176th Street is warranted to accommodate large vans and small school buses. Staff has determined that a second access onto 176th Street would not be warranted if the site plan is revised to widen the parking lot five additional feet. The developer has agreed to the parking lot widening and has submitted the revised site plan. The Planning Commission also recommended construction of a monument type freestanding sign, rather than the pole sign originally proposed. The developer has agreed to that recommendation. Staff is recommending that the developer submit a revised landscape plan to include six foot tall spruce trees as i opposed to the five foot tall trees. The revised landscape plan must be approved by City staff prior to the issuance of a building permit. The developer has also agreed to grant the City an easement to allow access to Lot 1, Block 1 for maintenance, as needed, on the well site. Councihnember Ryan asked about the proposed lighting plan and wanted assurance that the neighborhood will not be affected by the .site lighting. Mr. Sobota stated the lighting plan has not been submitted, but it will be reviewed and approved by City staff prior to building permit issuance. Mr. Sobota indicated that staff will review the lighting plan closely to assure that no glare will be visible to neighboring properties. Councilmember Sindt asked if kindergarten students will be transported to and from the daycare via school busses. Mr. Humphrey stated the daycare will provide bussing to and from the schools. Councilmember Holberg asked if the site still meets the requirements for green space with the additional five feet of asphalt for parking. Mr. Humphrey pointed out. thaf much of the play area is green space. He did not have the exact square footage, but indicated that his engineer will make the calculations and report to staff prior to the issuance of a building permit. Mr. John Young, 16275 Hudson Avenue, stated he objects to City tax dollars being used to purchase property to the north of the daycare for a City well site, when there are areas CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 8 in North park for a City well.. He stated this only compounds the problem of not having neighborhood businesses zoned into communities. He stated from his home in Hypointe Crossing, he has to go six miles round trip to get any service. He stated the City needs to concentrate on placing more neighborhood businesses in the community. Mayor Zaun indicated that this particular site was a difficult piece of property to work with, as changes. have occurred at that intersection, particularly the establishment of Christina Huddleston Elementary School. He stated he feels the community endorses this project at this time, and he feels it is appropriate. Mr. Erickson stated nearly 400 to 500 residents had previously stated there would be ample neighborhood services at more appropriate locations. He indicated that Yokum Oil has submitted an application for a convenience store at Ipava Avenue and County Road 46, and Kwik Trip is proposing a convenience store at 167th Street and Cedar Avenue. Councilmember Ryan stated he is opposed to rezoning this property because of the manner in which the entire deal was struck between the City and developer. He feels that $141,000 per acre for this land was too high, and the developer is being paid two-fold, by the City and by the daycare center.. However, he feels this is not a location for a Tom Thumb convenience store as originally proposed. He stated he would have recommended alight zoning, comparable to what currently exists in the area. In addition to the City paying too much. for the property, a sizable watermain will have to be extended to serve the new well. He stated he would challenge City staff to find an alternative use for this piece of property. 98.27 Motion was made by Sindt, seconded by Holberg to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 624 rezoning property from B-2, Retail Business District and R-5, Single and Two-Family Medium Density Residential District, to R-B, Residential Business Transition District. Roll call was taken on the motion. Ayes, Holberg, Zaun, Sindt, Mulvihill. Nays, Ryan. 98.28 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 98-10 approving the final plat of Tutor Time Addition. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. 98.29 Motion was made by Mulvihill, seconded by Sindt to approve a conditional use permit to allow a daycare facility on Lot 2, Block 1, Tutor Time Addition, located east. of Ipava Avenue and north of 176th Street. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 9 Mr. Erickson explained that the trunk watermain along Ipava Avenue immediately south of this site is a 16-inch watermain and would be extended to the new well site at a future date. He explained that the spacing guidelines require a half mile separation between wells. This site meets that spacing requirement. He pointed out that there is a need for a significant number of new wells in the future, and the half mile spacing is critically important. Councilmember Ryan asked if a comparative study could be done before the raw water line is connected to determine whether the cost of connecting the water line to another site that meets the spacing guidelines would be less expensive. Mr. Erickson stated that could be done. However, he clarified that the distribution system and the high service lines that provide water to the water treatment plant are two separate systems. ITEM 11 Mr. Scott Wollmering, representing All God's Children Day Care, requested Council approval of a conditional use permit amendment to allow a daycare. facility on the • existing South Twin Cities. Church of Christ property, 16120 Cedar Avenue. Mr. Sobota explained that the zoning ordinance allows day care facilities for more than 12 persons by conditional use permit in any zoning district. The church has applied for a day care license from the. State of Minnesota Department of Human Services to care for up to 64 children. The City Fire Marshal and Building Official have inspected the building and provided a list of items that must be completed prior to occupancy of the day care. He stated the Planning Commission unanimously recommended approval of the conditional use permit amendment with a stipulation that requires concrete curb stops and landscaping be installed to separate parking lot traffic from the day care main entrance and play area on the east side of the church. The developer has agreed to this stipulation. Councilmember Sindt asked if a new owner would be required to obtain a new conditional use permit. Mr. Sobota stated the conditional use permit for the day care would apply to another operator as long as it involves 64 children or less. 98.30 Motion was made by Mulvihill, seconded by Ryan to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment for South Twin Cities Church of Christ to allow a day care facility at 16120 Cedar Avenue. Roll call was taken on the motion.. Ayes,. Sindt, Mulvihill, Holberg, Ryan, Zaun. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 10 • ITEM 12 Mr. Feller stated the City Council, on January 5th, unanimously approved the claims for payment, whichincluded a check payable to Wensmann Realty, Inc. for the Town Square project. Councilmember Ryan's vote in favor of the claims for payment was a conflict of interest because of Wensmann's contract with Ryan Contracting, Inc. for a portion of the work. Mayor Zaun clarified that the City Council did not error in the approval of this item. However, he stressed that it is incumbent upon each Council member to review all documents prior to the Council meetings for any potential conflicts of interest. Councilmember Ryan indicated that he did not realize there was a conflict of interest when he voted to approve the January 5th claims for payment. He suggested that City staff bring these matters to the Council's attention in the future. Councilmember Holberg disagreed, stating she felt the Council should not place this burden on staff, when it is the individual Councilmembers' responsibility to adhere to the standards set forth by the State and to accept the consequences of their actions. City Attorney Roger Knutson made the following statement: "At the January Sth Council meeting, an issue was raised and discussion ensued regarding an article in the December 27th issue of the Life & Times titled, "When it comes to rezoning, City has few choices The question was asked as to the accuracy of the statement pertaining to the so-called 60-day rule and the relationship of the comprehensive plan to zoning. The article was accurate pertaining to these statements. As I stated in my presentation to the City Council and advisory board, commission and committee members in May 1997 and as restated at the January Sth Council meeting, the law related to the comprehensive plan and zoning has various scenarios. As an example, under the current comprehensive plan process, the City has the authority to phase the implementation of zoning. I apologize if I contributed to any misunderstandings. As previously stated, the law can be implemented in a number of ways. " 98.31 Motion was made by Mulvihill, seconded by Sindt to enter Mr. Knutson's statement into the record. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. Councilmember Sindt asked staff to explain the fimding mechanism for the Cable TV government channel. Mr. Erickson explained that franchise fees are used to provide production and operation of the government channel. Marcus Cable paid 50% of equipment installation costs eight years ago, and the other 50% was paid by franchise fees available at that time. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 20, 1998 PAGE 11 • NEW BUSINESS Councilmembers discussed the upcoming neighborhood meetings relating to the comprehensive plan process in rural service areas and whether there will be a problem with the Open Meeting Law if Councilmembers attend. Mr. Knutson suggested Council members notify the City Administrator or City Clerk a minimum of four days in advance of the meeting if they plan to attend, so that a public notice can be posted and mailed to comply with the Open Meeting Law. ANNOUNCEMENTS: Next regular Council meeting, February 2, 1998 Council work session, February 3, 1998, 8:00 a.m. Mayor Zaun adjourned the meeting at 8:57 p.m. Respectfully submitted, ti Charlene Friedges, City Cler • Duane Zaun, Mayor