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HomeMy WebLinkAbout12-15-97 } r Y CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Johnson, 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; B. Kempa, Accountant; J. Hennen, Administrative Assistant;. C. Friedges, City Clerk. MINUTES The minutes of the December 1, 1997, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: Mr. Knutson requested an executive session of the City Council upon conclusion of the Council meeting to discuss pending litigation. Engineer: None Administrator: None Parks & Recreation Director: Mr. Michaud presented the November, 1997, Parks & Recreation Department monthly report. Chief of Police: Chief Martens .presented the November, 1997, Police Department monthly report. PRESENTATIONS/INTRODUCTIONS None CITIZENS' COMMENTS Ms. Margaret Loftus, 18630 Texas Avenue, spoke on behalf of the Citizens Concerned for Scott County, anon-profit corporation formed to oppose the • .construction of an amphitheater by the Minnesota Orchestra in Cleary Lake Park. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 2 Mr. Chris Hoversten, a resident of Brackett's Crossing, stated he endorses Ms. Loftus' position on the amphitheater and stressed the affect it would .have on the Brackett's Crossing residents. CONSENT AGENDA At the request of Councilmember Holberg, item 7aa was removed from the.. consent agenda. Councilmembers added items 11 and 12 to the consent agenda. 97.227 Motion was made by Johnson, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. November Investment Report. c. Receive minutes of the following advisory committee meetings: • Economic Development Commission, November 25, 1997 Ice Arena Advisory Committee, November 26, 1997 Parks & Recreation Committee, December 3, 1997 d. Final acceptance of utility improvements, Kenridge Addition. e. Resolution No. 97-272 authorizing Orr-Schelen-Mayeron & Associates to prepare .plans and specifications for 1998 park projects. f. Easement with Dakota County for right-of--way acquisition for Pilot Knob Road reconstruction between 170th Street and Farmington City limits, Improvement Project 95-4. g. Resolution No. 97-273 removing contingency from vacation of a storm water ponding, storm sewer and drainage easement, Jackson Landscaping property. h. Resolution No. 97-274 authorizing the City Engineer to prepare feasibility report for sealcoating of Districts 3 and 4, Improvement Project 98-1. i. Release of securities for ground water monitoring at the Fina gas station (former Texaco service station), 167th Street and Cedar Avenue. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 3 j. Resolution No. 97-275 accepting donations to the DARE program. k. Resolution No. 97-276 approving a raffle permit for All Saints Church. I. Receive letter of resignation from Donald Huffer, Snowmobile Task Force. m. Planning Services Contract with Northwest Associated Consultants. n. Legal Services Agreement with James R. Walston, Attorney at Law, P.C. o. Resolution No. 97-277 establishing rules. and rental fees for use of City park facilities, buildings and properties; and Resolution No. 97-278 establishing rental policies and fees for use of Lakeville Senior Center. p. Joint Powers Agreement for traffic marking, street sweeping, crack sealing and sealcoating. q. Lease Agreement with Robert Berres to farm approximately 10 acres on the east side of Aronson Park. r. Resolution No. 97-279 approving a gambling permit for the VFW Post 210 Auxiliary. s. Resolution No. 97-280 appointing depositories. t. Agreement with CAP Agency for home delivered meals. u. Declaration of Restrictions for the west Lake Marion (Christian) park property. v. Service Contract with Midwest Employee Assistance Program. w. Renewal of cigarette licenses for 1998. x. Renewal of mechanical amusement device licenses for 1998. y. Renewal of mixed municipal solid waste and recyclable material collector licenses for 1998. z. Renewal of billboard licenses for 1998. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 4 aa. (Removed from consent agenda). bb. Final ..payment for Ipava Avenue improvements, Paradise Hills subdivision. 11. Resolution No. 97-281 approving preliminary and final plat of Park Lawn. 12. Receive Planning Commission's Findings of Fact and Recommendation and approve a building setback variance for Ryt-Way Industries, Inc., 7870-215th Street West. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 7AA Councilmember Holberg stated she would need to abstain from voting on this item due to a conflict of interest with regard to a tree service operator business. owned by she and. her husband. 97.228 Motion was made by Sindt, seconded by Johnson to renew tree service operator licenses for 1998. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson. Holberg abstained. ITEM 8 Mayor Zaun opened the Truth in Taxation public hearing. Finance Director Dennis Feller explained that the purpose of the hearing is to provide taxpayers an opportunity to ask questions and present comments on the proposed budget. A notice of the public hearing was published on the Messages .page of the Lakeville Life & Times, and Truth in Taxation notices were mailed to all tax payers. Mr. Feller stated that to date, he has received calls from two property owners, both of whom have experienced increases in market values and taxes as a result of building new homes which were not appraised at full market value for taxes payable in 1997. Mr. Feller then provided a detailed budget overview, (see Memorandum from Dennis Feller dated December 8, .1997, on file in the City Clerk's office). Mayor Zaun opened the public hearing to questions and comments from the audience. i CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 5 Mr. Pat Harvey, 20828 Iteri Avenue, pointed out that community volunteers and dedication of the City staff continues to help in keeping taxes down. He thanked the staff and Council for a job well done. Mr. Chris Hoversten of Brackett's Crossing asked if taxes on a $200,000 home are double the taxes on a home valued at $100,000. Mr. Feller stated the taxes on a $200,000 home would be more than double the taxes on a $100,000 home. He explained that on a home valued at $100,000, taxes on the first $75,000 are calculated at 1 and taxes on the remaining $25.,000 are calculated at 1.85%. A $200,000 home would be calculated at 1 % for the first $75,000 and 1.85% on the remaining $125,000. Councilmember-Elect Tom Ryan asked if construction of a fourth fire station is proposed to be initiated prior to a City Hall expansion, as was discussed at a recent budget work session. Mr. Erickson stated that as identified in the Building Fund, the City Hall expansion is scheduled to be done before the construction of a fourth fire station. However, the fire chief has indicated he feels a fourth fire station may be needed before City Hall is expanded. An official decision is yet to be made by the City Council on this matter. Mayor Zaun pointed out that the Truth in Taxation form may have been misleading with regard to increases due to City spending because of the change in classification rates. Mr. Feller explained that the formula established by the State legislature for the truth in taxation forms is distorted. He stated that if the formula were applied correctly, it would show that increases in City taxes are due to lack of state aid and changes in property classification rates, and not because of City spending. Mayor Zaun stated it should be pointed out that commercial/industrial property in Lakeville does not benefit fully from the City's low tax capacity rate, because the tax capacity rates for commercial/industrial property are averaged Metro wide due to the fiscal disparities law. Councilmember Johnson asked how long Lakeville can maintain its low tax capacity rate if the City continues its current growth pattern and State aids continue to be meager. Mr. Erickson stated the levy limits have a significant impact on growth cities. He explained that if levy limits are not removed by the Year 2000, the City will CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 6 have to finance police car acquisitions with short term debt and consider reductions in services. Mayor Zaun stated the City Council will consider adoption of the budget resolutions and tax levy at the special Council meeting scheduled for December 17th at 7:00 p.m. - 97.229 Motion was made by Sindt, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 9 Mayor Zaun opened the public hearing on the renewal of on-sale liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses. Chief Martens stated renewal applications and license fees have been submitted, along with the necessary insurance certificates. The Police Department recommends approval of the licenses as listed in the Memorandum from Investigator Bill Forbord dated December 11, 1997 (on file in the City Clerk's office). 97.230 Motion was made by Johnson, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 97.231 .Motion was made by Mulvihill, seconded by Johnson to renew the following licenses effective January 1, 1998, through December 31, 1998: On-Sale Liquor: .Babe's Sportsbar & Grill - 20685 Holyoke Avenue Lakeville Family Bowl - 20944 Holyoke Avenue Chart House Restaurant - 11287 Klamath Trail Ole Piper Inn - 16604 Cedar Avenue Winslow's Steak, Pasta & Alehouse - 20800 Kenrick Avenue Club Li uor: Lakeville VFW -8790 Upper 208th Street ' Brackett's Crossing Country Club - 17976 Judicial Road Wine & Strong Beer: Crystal Lake Golf Club - 16725 lnnsbrook Drive CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 7 Tak Shing Chinese Restaurant -.17709 Kenwood Trail On-Sale 3.2% Malt Liquor: Pizza Hut - 10900 173rd Street Off-Sale 3.2% Malt Liouor: MegaStop - 21100 Kenrick Avenue Kwik Trip -.20187 Dodd Boulevard, 16260 Kenrick Avenue SuperAmerica -21070 Glade Ave., 16180 Kenrick Ave., 16161 Cedar Ave. Holiday Station Store - 17280 Kenyon Avenue Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 10 Chief Martens recommended approval of cabaret licenses as listed in Investigator Forbord's memorandum dated December 11, 1997. 97.232 Motion was made by Mulvihill, seconded by Holberg to approve cabaret licenses for the following establishments effective January 1, 1998, through December 31, 1998: Babe's Sportsbar & Grill Lakeville VFW Chart House Restaurant Brackett's Crossing Country Club Winslow's Steak, Pasta & Alehouse Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 13 Mr. Dennis Griswold, representing Pulte Homes of Minnesota, requested Council approval of a minor comprehensive land use plan amendment, rezoning and preliminary plat of Orchard Meadows. Mr. Morey presented the proposed townhouse development project, which is proposed to be located south of 185th Street between I-35 and the C.P. Rail tracks. Mr. Morey explained that staff supports the minor comprehensive plan amendment and PUD rezoning for the Orchard Meadows townhouse CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 8 project due to the location of the proposed development adjacent to high density minor arterial 185th Street and the medium density residential land use designation for the properties located across 185th Street to the north and mixed use (PUD) to the east. The Orchard Meadows development, consisting of 2.59 dwelling units per acre, would act as a transition between the existing single family homes to the south and the expected medium density residential development to the north. Mr. Morey stated the proposed clustering of the townhouse units helps preserve the environmental features found on site, (wetlands, significant trees .and steep slopes). He explained that the developer is proposing to .construct the private streets within the plat at a width of 28 feet. While a 32 foot width is standard, the reduced street width will reduce environmental impacts. The developer is proposing to maintain a minimum 20 foot setback between the townhouse buildings. Staff is recommending that the townhouse building sizes be limited to the building pads shown on the approved plans. Driveway access onto 185th Street is not proposed and is not permitted. A landscape berm wi11 provide a buffer between the proposed townhouse units and 185th Street, Orchard Trail and Family of Christ Lutheran Church. A cash contribution was recommended to meet the park and trail dedication requirements. Mr. Morey stated there is expected to be very few children in these homes, since the homes are being marketed to empty nesters (active adults). Therefore, the development is expected to have a low impact on School District 194. Mr. Morey stated the developer hosted a neighborhood meeting on October 23rd to present the proposed plans. Approximately 80 households were invited; nine residents attended the meeting. The Planning Commission held a public hearing and unanimously recommended approval. Staff recommends approval Mr. David Baudhuim, 18625 Kanabec Trail, stated he represents (and has a petition from) approximately 21 home owners who strongly oppose the rezoning of this property to a higher density. He stated he would like this item tabled to allow time for a neighborhood meeting with the City Council so that he can present his specific reasons for opposing this development. Councilmembers agreed to let Mr. Baudhuim make a brief presentation.of his concerns. Councilmember Sindt recognized the fact that Mr. Baudhuim has already submitted a significant amount of information to the City Council and CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 9 was allowed to express his concerns at the Planning Commission public hearing. Mr. Baudhuim showed photographs of a Pulte townhome development in Shakopee. He stated he feels the density is inappropriate next to single family homes. He objected to the fact that the proposed townhomes are not upper bracket homes, valued much less than the homes in the nearby single family development.. He was concerned about maintaining the natural, aesthetic beauty of this property. He also raised a concern about the anticipated increase in traffic that will be generated by the townhomes. Mr. Gary Grant, Vice President of Pulte Homes, explained that the average age of home buyers for this type of housing is 60 years old; they are considered active adults. At 2.5 units per acre, this development has a lower density than. similar projects they have built in Eden Prairie, Woodbury and Shakopee. He stated the units range from 1200 to 2200 square feet in size. The average sale price. of these homes is $150,000. He pointed out that similar developments in other cities have been extremely successful and provide a nice transition from single family. Ms. Jean Baudhuim, 18625 Kanabec Trail, stated she feels there is a deviation between the proposed rezoning and what is specified for this property in the City's comprehensive plan. She feels the City staff has decided to accept development regardless of the zoning requirements and feels the R-2, low density, property. behind and across her home has been considered for change very easily. She asked the City Council to question this practice and consider the litigation burden the taxpayers may endure if this becomes. business as usual. She questioned staffs dedication of 11 or more months of time and .taxpayer dollars on a proposal not zoned for a particular piece of property. Councilmember Mulvihill asked. if a single family development would be financially feasible on this property. Mr. Morey explained that single family lots would not work as well on this property, because that type of development does not allow for clustering of units.. He reiterated that the need to cluster units. is primarily due to the existing wetlands and steep slopes. Councilmember Holberg asked if there will be right turn lanes off of 185th Street into this development. Mr. Morey explained that there is significant space to allow for turn lanes in the future. Councilmember Holberg pointed .out that with the future realignment of Orchard Trail, traffic will be routed CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 10 away from the adjacent neighborhoods. Plans are also in place to close the railroad crossing at 188th Street and Orchard Trail. Councilmember Johnson stated in his opinion, the proposed development conforms with the City's performance standards in relation to design, screening, access/traffic flow and unit size (density). He stated he feels the developer has addressed these issues appropriately. In response to Mr. Baudhuim's comparison of the proposed project with a similar project in Shakopee, Councilmember Sindt asked how ordinance standards differ between the cities of Shakopee and Eden Prairie, where another Pulte project is located. Mr. Erickson stated Eden .Prairie has much higher standards and, incorporates design elements and features which establish a quality townhouse development, similar to the proposed Lakeville project. Mayor Zaun stated that based on citizen surveys, there is a tremendous .demand for townhomes in the community, and a large number of residents support the construction of townhomes for "empty nesters". He pointed out that Lakeville has the lowest. percentage of multi-family units in Dakota County. He stated. in his opinion, the long standing residents of the community deserve some amenities. He stated he feels the vast majority of Lakeville residents would support this project, and he was elected to represent the entire community. Councilmember Holberg stated in looking at the City's Transportation Plan, she feels this property is not suitable for R-2 development, given the volume of the traffic that will occur on 185th Street. She stated there needs to be a transition in regard to home prices. The City cannot fill up-this town with $350,000 homes; there isn't a market for them. She further stated this development will help maintain the life cycle housing the City is trying to obtain for the community to keep it healthy. 97.233 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a minor comprehensive land use plan amendment, Ordinance No. 623 rezoning property from R-2 to PUD and the preliminary plat of Orchard Meadows. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997. PAGE 11 • ITEM 14 Mr. Ken Gust, Project Engineer representing North Suburban Development, requested Council approval of the preliminary plat of Dodd Valley Estates. Mr. Morey presented the preliminary plat of Dodd Valley Estates, which consists of 57 single family lots on the south side of Dodd Boulevard between Flagstaff Avenue and Pilot Knob Road. The preliminary plat is proposed to be developed in one phase. The development of conceptual Phase 2 is contingent upon the development of the adjacent Harris property to the south for access to sanitary sewer. The developer hosted a neighborhood meeting on November 25th to present the proposed preliminary plat. The primary concern raised by the neighborhood residents centered around the proposed construction of Fairgreen Avenue in Dodd Valley Estates and the additional traffic that will result from it. The residents presented a petition to the Planning Commission opposing the .construction of Fairgreen. Avenue and recommending street access in Dodd Valley Estates be at Farcry Way. The Planning Commission and staff recommended a street access at Farcry Way in addition to the proposed access at Fairgreen Avenue. This additional street access into and out of the development will help disperse traffic. Both the residents and developer agreed to this second access. Mr. Morey explained that a second access was considered at Finesse Way; however, it would include. a portion of the Elias property to the west. If Ms. Elias agrees to include a portion of her property with the Dodd Valley Estates subdivision prior to final plat submittal, the second street access will be at Finesse Way in place of Farcry Way. Staff recommends approval of the preliminary plat. Mr. Erickson stated he made a commitment to the Fairgreen Avenue residents to meet with them after the first of the year to address their concerns regarding traffic safety. Councilmember Sindt asked if the old house located on the property to the east will be removed. Mr. Morey stated the house and out buildings on that property will be removed. 97.234 Motion was made by Johnson, seconded by Holberg to approve the preliminary plat of Dodd Valley Estates. i CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 12 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 15 Chief Martens presented a proposal from the Dakota County Highway Department recommending all-way stop signs at Dodd Boulevard and Flagstaff Avenue. Due to a significant increase in the number of vehicles and corresponding increase in motor vehicle accidents at this location, the Police Department, Engineering Department and Operations & Maintenance Department recommend the City Council receive the report and approve the recommendation from the Dakota County Highway Department. 97.235 Motion was made by Mulvihill, seconded by Sindt to receive. the report and approve the recommendation from the Dakota County Highway Department for the installation of all-way stop signs at Dodd Boulevard and Flagstaff Avenue. .Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 16 Mayor Zaun explained that Councilmember Johnson has served on the Airlake Airport Advisory Commission, representing the City of Lakeville. Commission members feel. that Mr. Johnson's ongoing participation on the Commission would be beneficial given his experience as a pilot. 97.236 Motion was made by Sindt, seconded by Mulvihill to appoint Robert Johnson to the Airlake Airport Advisory Commission for aone-year term, expiring on December 31, 1998. Roll call was taken on the motion. Ayes, Holberg, Zaun, Sindt, Mulvihill. Johnson abstained. ITEM 17 97.237 Motion was made by Johnson, seconded by Holberg to set a joint work meeting between the Lakeville City Council and Lakeville School Board at the Water Treatment .Plant community room on Monday, December 29, 1997, at 7:00 p.m. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 15, 1997 PAGE 13 s Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. NEW BUSINESS Councilmember Holberg asked the City Attorney to make a presentation to the City Council in January with regard to issues involving conflicts of interest, (including fiscal relationships in regard to contracts and litigation), open meeting laws and the gift act. She asked that Mr. Knutson indicate what the laws are in regard to these issues and the appropriate steps that the City Council and staff are responsible to take. Mayor Zaun also asked Mr. Knutson to talk about any possible conflicts of interest with regard to serving as volunteers on boards. 97.238 Motion was made by Holberg., seconded by Mulvihill to request the City Attorney to make a presentation at the January 5th or January 20th Council meeting in regard to conflicts of interest, open meeting laws and the gift act. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ANNOUNCEMENTS: Next regular Council meeting, January 5, 1998 Special Council meeting, December 17, 1997 Mayor Zaun adjourned the meeting at 10:10 p.m. Respectfully submitted, Charlene Friedges, City rk Duane Zaun, Ma