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HomeMy WebLinkAbout12-01-97 . CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 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; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the November 17th City Council meeting and the November 12th Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson stated that Lowell Lundstrom, Lowell Lundstrom Ministries, has asked the City Council to consider Item 14 first on the regular agenda, as he needs to catch a 9:00 flight this evening. .DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the November Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS: None CITIZENS' COMMENTS: None CONSENT AGENDA Councilmember-Elect Tom Ryan asked the City Council to remove Items 7d, 7f, 7g, 7h and 7i from the consent agenda. Councilmembers added items 12, 13 and 16 to the consent agenda. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 2 97.216 Motion was made by Johnson, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings:. Environmental Affairs Committee, November 18, 1997 Parks & Recreation Committee, November 19, 1997 Planning Commission, November 20, 1997 c. Renewal of Standard Engineering Agreements and 1998 fee schedules with Barr Engineering, Orr-Schelen-Mayeron & Associates, Inc., Short Elliott Hendrickson, Inc. and SRF Consulting Group, Inc. d. (Removed from consent agenda) e. Resolution No. 97-258 establishing 1998 sanitary sewer unit and sanitary sewer area connection charges.. f. (Removed from consent agenda) g. (Removed from consent agenda) h. (Removed from consent agenda) i. (Removed from consent agenda) j. Resolution No. 97-262 approving Cooperative Construction Agreement No. 76892 between the Minnesota Department of Transportation and the City of Lakeville for storm sewer and retention ponds. k. Final acceptance of Ipava Avenue street and trail improvements, Paradise Hills. I. Call a public hearing on the renewal of liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses for December 15, 1997. m. Audit Agreement with Eide Helmeke, PLLP. n. Special home occupation permit extension for Nancy Guenther, 1.7431 Fieldcrest Avenue. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 3 o. Resolution No. 97-263 amending the employee handbook for employee insurance. p. Resolution No. 97-264 authorizing public and private stop signs. q. DARE Services Agreements with ISD 192 and ISD 196. r. Service Maintenance Contract with Fredrickson Heating & Air Conditioning for the liquor stores. s. Service Maintenance Contract with Southtown Refrigeration for the liquor stores. t Agreement with Colleen Jungbauer, Meals on Wheels Coordinator. u. Special assessment agreements with Mark & Heidi Bailey, 16455 Kingswood Court, and James & Marilee Bergerson, 16508 Kingsley Court. v. Agreement with SnoTrackers Snowmobile Club for grooming of cross country ski trails at Ritter Farm Park. w. Resolution No. 97-265 accepting a donation from VFW Post 210 for the Firearms Safety Training Course. x. Resolution No. 97-266 approving a gambling permit for the Lakeville Lions Club for pull tabs at Babe's Sportsbar & Grill. y. Resolution No. 97-267 approving Lakeville Police Reserve By-Laws and setting retirement payment. z. Joint Powers Agreement for 1998 participation on the South Metro Drug Task Force. 12. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a one-story covered front entrance at 8989-163rd Street West. 13. Resolution No. 97-270 approving the vacation of a portion of Juno Trail on the west side of Lake Marion between 195th Street and 202nd Street. i i r CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 4 16. Receive letter of resignation from Dale Baldus and appoint Helen Adrian to the Meals on Wheels Advisory Committee for the remainder of her term which will expire on December 31, 1998. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEMS 7D, F, G, H, Councilmember-Elect Ryan questioned the recommended 1.7% increase in engineering fees, which represent changes in construction costs as reported by the Engineering News Record. He stated he feels the rates are arbitrarily raised by the City each. year, without taking into account actual costs and the corresponding impact they have on housing costs. Mayor Zaun explained that the increase can be justified based on growth and how the cost of growth is distributed, which has been a difficult issue for the Council to deal with. Mr. Erickson added that the City's comprehensive sanitary sewer, water and storm sewer plans currently provide alternatives whereby existing residents are not being asked to subsidize growth and development. While Lakeville has the highest water connection charge in the Metropolitan Area, it also has the lowest water rate when compared to other cities in Dakota County. Councilmember-Elect Ryan questioned Change Order No. 7 on the water treatment plant as it relates to additional lunch room cabinets and additional wording on the exterior signage. He stated he feels the cost of Lakeville's water treatment plant. is excessive when compared to others in the area. Mr. Erickson explained that the water treatment plant has been designed to meet future demands of the city for 20 years. Unlike water treatment plants in neighboring communities, Lakeville's plant includes a large truck shop, ambulance bay and community meeting room. In regard to the lunch room cabinets, Mr. Erickson explained that an increased number of street and park department employees are expected to use the facility for lunch in lieu of traveling to the Airlake facility, which is expected to cut down travel time and increase productivity. 97.217 Motion was made by Sindt, seconded by Mulvihill to approve the following consent agenda items: .a CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 5 7d. Resolution No. 97-257 establishing 1998 lateral sanitary sewer. and watermain access charges. 7f. Resolution No. 97-259 establishing 1998 watermain unit connection charge... 7g. Resolution No. 97-260 establishing 1998 street assessment policy (rates) for collector and arterial roadways. 7h. Resolution No. 97-261 establishing 1998 storm sewer area charge. 7i. Change Order No. 7 with Bor-Son Construction for the water treatment plant, Improvement Project 94-2. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. 97.218 Motion was made by Sindt, seconded by Mulvihill to amend the agenda and consider Item 14 at this time. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 14 Lowell Lundstrom, Lowell Lundstrom Ministries, requested Council approval of the preliminary and final plat of Celebration Addition. Mr. Sobota presented the proposed redevelopment of the former Second Season golf dome property located on the west side of Kenyon Avenue just east of Lee Lake. He explained that the site is proposed to be developed in three phases as follows: Phase I (Immediate): Platting of the property into one lot and one outlot; remodeling of existing building and clean-up of the site. Phase II (Fall 1998): Rezone property to Planned Unit Development; construction of a 12,000 square foot addition onto existing building; construction of 111 additional parking spaces; construction of right and left turn lanes on Kenyon Avenue and reconstruction of driveway to Kenyon Avenue; extension of trunk watermain; site grading; construction of nutrient . removal basin and storm sewer improvements. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 6 Phase III (Spring 1999): Construction of a 63,000 square foot building addition and 630 additional parking spaces; traffic signals at Kenyon Avenue/County Road 46 and signals at Kenyon Avenue/County Road 5. Staff recommends approval of Phase I development. Councilmember Sindt asked if the facility will be handicapped accessible. Mr. Sobota explained that when the building permit is applied for, the inspection department will review the plans for compliance with the State handicapped code. He .pointed out that there is currently an elevator in the .building, and the Chief Building Official feels comfortable that handicapped accessibility can be achieved in Phase I without a great deal of expense. Councilmember Johnson asked if there are any foreseeable traffic issues with Phase I development. Mr. Sobota stated there are none for Phase I; however, traffic issues will be a major part of the planning and review process .with Phase III development. Councilmember Holberg asked if traffic signalization at County Road 46 and/or County Road 5 could occur sooner than the spring of 1999 (Phase III development of Celebration Addition) if conditions were to change. Mr. Erickson stated the traffic study prepared by SRF was based on the complete build out of commercial development in the area. If development would change and/or signals are needed sooner, the traffic study recommendations would be re-evaluated. 97.219 Motion was made by Sindt, seconded by Johnson to approve Resolution No. 97-271 approving the preliminary and final plat of Celebration Addition.. Rolf call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 8 Mr. Feller explained that the City Council, on October 20th, held a public hearing and authorized the issuance and sale of $1,135,000 general obligation ice arena bonds. He stated the bonds are genera! obligations of the City and are tax exempt. 1 CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 7 Mr. Ron Langness, Springsted Principal, presented the results of the bid opening for the ice arena bonds. He stated the bids were very favorable, with a low bid from Cronin & Company at 4.9693% interest. He pointed out that term bonds will not be necessary with this issue; therefore, the Council need not approve the supplemental resolution.. 97.220 Motion. was made by Johnson, seconded by Mulvihill to approve Resolution No. 97-268 authorizing issuance, awarding sale:, prescribing the form and details and providing for the payment of $1,135,000 General Obligation Ice Arena Bonds, Series 1997B. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 9 Mr. Byron Watschke of Fortune Realty, Inc. requested Council approval of an ordinance rezoning property located on the north side of 179th Street between Kenyon Avenue and Keokuk Avenue from B-4, General Business District, to R-5, Single and Two-Family Medium Density Residential District. Mr. Morey explained that Mr. Watschke had agreed to rezone the subject property from B-4 to R-5 at the request of the Lake Villa Golf Estates neighbors as part of the Lake Villa Golf Estates 9th Addition preliminary plat neighborhood meetings and public hearing. The property proposed to be rezoned is located north of the Lake Villa Golf Estates 9th Addition. He .stated the proposed rezoning and future development of medium density residential will provide a land use transition between the freeway and the remaining B-4 zoned land to the east and single family residential neighborhood to the west. The Planning Commission held a public hearing on the proposed rezoning and unanimously recommended approval. Councilmember Holberg thanked the developer for his willingness to rezone this property to a residential use. 97.221 Motion was made by Holberg, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 622 rezoning property from B-4, General. Business District, to R-5, Single and Two Family Medium Density Residential District. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 8 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. .ITEM 10 Mr. Morey stated the developer, Mr. Watschke, has requested the City Council table consideration of the final plat of Lake Villa Golf. Estates 9th Addition, as he is postponing construction until the spring of 1998. 97.222 Motion was made by Mulvihill, seconded by Sindt to table consideration of the final plat of Lake Villa Golf Estates 9th Addition until a future date. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 11 Mr. Carl Tollefson, representing Gateway Development, LLC, requested Council approval of the preliminary and final plat of Gateway Second Addition and a variance to allow a cul-de-.sac street length greater than 500 feet. Mr. Morey explained that Gateway Second Addition involves the re-platting of the approved Gateway First Addition preliminary plat. A Holiday convenience store/gas station was constructed as a conditional use on one of the two lots in Gateway First Addition. The re-plat includes one fewer commercial lot, changes the previously approved public street located west of Kenyon Avenue to a private shared driveway, and terminates Kenyon Avenue as a public cul-de-sac street instead of aturn-around within a private parking lot. Mr. Morey stated that two banks are proposed to be constructed on Lots 1 and 3 of the second addition. Staff has reviewed the site plans for the proposed banks, which are a permitted use in the B-4 Zoning District. The proposed uses for the other two lots have not been determined at this time. Mr. Morey explained that previous improvements to 172nd Street did not result in adequate site distances for traffic leaving Kenyon Avenue. Engineering is recommending lowering the grade on a portion of 172nd Street to increase site distances. The City's traffic consultant has prepared a traffic issues report based on the proposed uses in the Gateway Second Addition and changes from the approved Gateway first Addition plat. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 9 The Planning Commission held a public hearing on the proposed plat and unanimously recommended. approval. Staff recommends approval Ms. Kathy Myers, 17281 Kodiak Avenue, stated she is concerned about traffic at the 172nd Street/County Road. 5 intersection, with additional traffic being generated by the two banks. She asked if ratings have been determined. for this intersection and whether it can handle the projected number of vehicles. The City Engineer explained that about a year ago, MnDOT gave this intersection a "B" rating during morning peak hours and a "C" rating during the evening peak hours, which is characterized as acceptable. However, when looking ahead to the Year 2020, at full build-out, if the intersection is not signalized, it would be given an "F" rating, which is unacceptable. With signalization, it would be given a "C" rating. He pointed out that the County has ultimate jurisdiction as to the placement of traffic signals along County. Road 5. They typically don't base- the need for signalization on future projections, and .are not likely to react until .there is a problem. The City's I- 35/50 study prepared by SRF identifies alternatives for the future realignment of 172nd Street, which could be accomplished with future development in the. area. Councilmember Johnson stated he feels the cul-de-sac is a major improvement to the area. In regard to concerns for traffic, he stated there are alternatives in the planning reports that have already been researched, using future traffic projections. Councilmember Holberg stated the City is very aware of the concerns raised by residents with regard to this development. She pointed out that in the first phase, the City took action when necessary to assure that all standards were being me#. She stated she feels the future realignment of 172nd Street makes sense; however, it has to be done in conjunction with development in order to prove the need. She asked the developer to include a stipulation in the covenants. that would prohibit any business at this location that would generate a high volume of traffic, such as a fast food restaurant. Mr. Tollefson stated City staff has made it very clear that they are not to pursue a business with high traffic volumes at this location, and they are not intending to do so. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 10 • Councilmember Holberg stated she wants this in writing in order to provide assurance to the residents and City Council 97.223 Motion was made by Mulvihill, seconded by Johnson to receive the Planning. Commission's Findings of Fact and Recommendation and approve Resolution No. 97-269 approving the preliminary and final plat of Gateway Second Addition and a variance for cul-de-sac street length. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. Councilmember Sindt stated there is a definite need to insure that no traffic intense uses, i.e. fast food, are constructed on the remaining vacant lots, consistent with the Council's original understanding. 97.224 Motion was made by Sindt, seconded by Mulvihill to require Gateway Development, LLP, to incorporate language in their covenants that would prohibit a fast food business, or any other business of similar high volume traffic, from locating in the Gateway development. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 15 97.225 Motion was made by Mulvihill, seconded by Johnson to table consideration of the preliminary and. final plat of Park Lawn. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 17 97.226. Motion was made by Mulvihill, seconded by Holberg to set a Council work session for Wednesday, January 7, 1998, at 5:00 p.m. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. UNFINISHED BUSINESS: None •S CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1997 PAGE 11 NEW BUSINESS: Mayor Zaun referenced the possibility of an upcoming joint meeting with the ISD 194 School Board. ANNOUNCEMENTS: Next regular Council meeting, December 15, 1997 Special Council meeting, December 17, 1997 Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, Charlene Friedges, City rk Dua Zaun, Mayor •