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HomeMy WebLinkAbout11-03-97 • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3,1997 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; C. Friedges, City Clerk. MINUTES The minutes of the October 20, 1997, City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS: ATTORNEY: None ENGINEER: None ADMIl~TISTRATOR: Mr. Erickson asked the Council to consider, under Item #8, approval of a joint powers agreement between the City of Lakeville and Dakota County for acquisition of land for a public library. Mr. Erickson reported that representatives of Heat-N-Glo have recently announced plans to relocate their corporate headquarters to Fairfield Business Campus in the spring of 1998. Heat-N-Glo plans to construct a 60,000 square foot building on a seven acre lot west of New Morning. Windows. Mayor Zaun read a letter from the Chairman of the Board of Sterling State Bank expressing appreciation for the positive support they received from the City for assisting them in locating their new bank in Lakeville. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the October monthly report of the Operations & Maintenance. Department. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1997 PAGE 2 PRESENTATIONS/INTRODUCTIONS: DECA members from Lakeville High School, along,with Advisor Mike Zweber, requested the City Council declare the month of November as Free Enterprise Month in Lakeville. 97.189 Motion was made by Mulvihill, seconded by Johnson to proclaim. the month of November as Free Enterprise Month in Lakeville. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. Mr. Michaud presented a plaque to Rick Ruh in recognition of 18 years as coordinator and instructor of the City's firearms safety classes. Mr. Sobota introduced Ron Mullenbach, Planning Assistant. Fire Chief Barry Christensen recognized several firefighters for outstanding accomplishments. An Award of Merit was presented to Archie Clarkson for . outstanding dedicated service to the department and community. Commendation awards were presented to Lynette Perry and Brad Ancel for their performance at an apartment fire in Burnsville. Brad Ancel was presented a Medal of Valor for rescuing a fellow firefighter while fighting a house fire. Lynette Perry was also presented the Firefighter of the Year Award. CITIZENS' COMMENTS. Mr. Richard Storlie, 12393 205th Street West, voiced his frustration with the lack of attention by City staff regarding a concern he raised with the design of the new lane that was added for eastbound traffic on the west end of 205th Street. Mayor Zaun indicated that the Council received his letter dated October 31, 1997, in regard to this matter. Mayor Zaun stated he has scheduled a meeting with Mr. Storlie to discuss his concerns. CONSENT AGENDA. 97.190 Motion was made by Johnson, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: i Planning Commission, October 16th CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1997 PAGE 3 Parks & Recreation Committee, October 15th Environmental Affairs Committee, October 14th c. Change Order No. 1 with Brown & Cris, Inc. for Glacier Way utility and street improvements, Improvement Project 97-11. d. Final acceptance of street improvements in Country Pond South 7th Addition. e. Change Order No. 1 with B.H. Heselton Company for Kingswood Etates, Improvement Project 96-6. f. Appointment of Keith Nelson to the Board of Commissioners for the Credit River Watershed Management Organization. g. Standard Service Agreement with Dakota Pet Hospital. h. Resolution No. 97-242 rejecting bids and authorizing re-advertisement for bids for one tractor with snow blower and mowing attachments. i. Special assessment agreement with Ralph and Shirley Schultz, 16380 Kenwood Trail. j. Amendments to Right-of-Way Agreements with Worldcom Network Services, Inc. k. Encroachment Agreement with Tollefson Development for a monument sign in Paradise Hills. 1. Special assessment agreement with Thomas L. Johnson, 21955 Grenada Avenue. m. Receive Planning Commission's Findings of Fact. and Recommendation and adopt Ordinance No. 616 rezoning property located west of I-35 and. south of 185th Street from R-7, High Density Residential District, to R-1, Low Density Single Family Residential District. n. Resolution No. 97-243 accepting a donation from Dan & Beth Remarcke to the Parks & Recreation Department. o. Resolution No. 97-244 accepting a donation from Vicki Kiefer to the i Parks & Recreation Department. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1.997 PAGE 4 p. Resolution No. 97-245 accepting donation of trees from Eisele Greenhouse, Inc. to the Parks & Recreation Department. q. Snowmobile Safety Enforcement Grant Agreement with the State of Minnesota. r. Resolutions No. 97-246 and 97-247 approving construction plans for reconstruction of Pilot Knob Road (CSAH 31), Improvement Project 95-4. s. Receive draft ordinance amending Title 3, Chapter 6, of the Lakeville City Code regulating tobacco and retail sales licenses, and call a public hearing for December 15, 1997. Roll call. was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM S Mr. Erickson presented. a Real Estate Purchase Agreement with Lakeville Five, Inc. and a Joint Powers Agreement with Dakota County for the acquisition of property for construction of a new Dakota County library. Mr. Erickson explained that the Town Square concept plan was significantly important to the ultimate location of the proposed library; and went on to explain that the Dakota County Library Board had identified Lakeville as part of its 1995 facilities plan. Liquor Store profits are proposed to be used to finance the site acquisition. The building is proposed to be 20,000 square feet in size initially and will be located on six acres of land near city hall. Parking will be shared with cityhall. Mr. Erickson went on to stated that future building expansion plans will enable the library to be expanded to 30,000 square feet and 130 parking stalls. If approved by the City Council, the County Board will retain architectural services of Leonard Parker & Associates to immediately begin the design of the new library. Mr. Erickson thanked County officials for their assistance in this project. He also stated that Lakeville Five has owned this land for nearly three decades, and he thanked owners Jim Bresnahan, Leo Gray, Pat Bresnahan and Chuck Zweber, Sr. for their cooperation. County Commissioner Paul Krause thanked the Lakeville City staff, citizens and Dakota County staff for helping bring this project to fruition. Mr. Bob Fors, Area Representative of the Library Board, thanked the City Council for taking the step to locate a library in Lakeville. Mr. Bill Asp, Dakota County Library • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1997 PAGE 5 Director, also thanked the City and Lakeville Friends of the Library Group. He indicated that the new library is proposed to open two years from now. Councilmember Holberg, speaking as a member of the Friends of the Library Group, stated the group held a very successful used book sale, and she thanked the County and Lakeville residents for all their support. Councilmember Johnson asked how the total 12 acre site will be utilized. Mr. Erickson stated the 12 acres would accommodate the first and secnd phases of the library and a future (long range) expansion of city hall. 97.191 Motion was made by Holberg, seconded by Johnson to approve a Real Estate Purchase Agreement with Lkkeville Five, Inc. and a Joint Powers Agreement with Dakota County for Acquisition of Land for a Public Library in Lakeville, Minnesota. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 9 David Licht, Planning Consultant from Northwest Associated Consultants, presented a proposed amendment to the zoning ordinance which would allow pet shops in the B-4 business .district and CBD-C district. He stated the initail draft was modified by the Planning Commission after an extensive review. The revised document is being forwarded with a unanimous recommendation of the Planning Commission. The ordinance would tie a conditional use permit governing pet shops to the state statutes so that protections afforded by the state are provided in the ordinance. One additional amendment to the lead in statement in Section 3.D., as suggested by Councihnember Holberg, should read as follows, "pet shops, which may include pet grooming, pet supplies and pet accessories provided that:". Staff recommends approval of the ordinance as amended. 97.192 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 617 amending Title 11 of the Lakeville City Code by establishing pet shops as conditional uses in the B-4, General Business, and CBD-C, Central Business District-Commercial Zoning Districts, with the amendment to Section 3.D. as stated above. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1997 PAGE 6 ITEM 10 Mr. Licht presented a proposed ordinance establishing manufactured home parks as conditional uses in the City's R-4, R-5, R-6, R-7 and R-B zoning districts. He explained that this ordinance is in response to recent State legislation requiring local zoning ordinances. to allow manufactured housing parks within two family and multiple family zoning districts. He noted that while the State has made this requirement, it did not set standards for such developments. Section H states that the provisions of Sections 11-33-4 through 11-33-7 are considered and satisfactorily met. Those are performance standards in the manufactured housing park zone. In those cases, the park would have to comply with the City's standard requirements. The approach taken in the zoning ordinance amendment is to allow manufactured home parks but simultaneously anticipate their eventual conversion to a more intense development. Councilmember Sindt asked about a law passed in the early 80s that allowed manufactured housing on single family lots. She asked if this new legislation would supersede or affect that law. Mr. Licht explained that the ordinance • states if it is a manufactured housing park, it does not have to comply with the standards of conventional single family housing as in other districts, but it has to be designated a manufactured housing park. Mr. Knutson stated the prior law dealt with manufactured housing on a lot where you could have single family housing, and this ordinance deals with multifamily housing zones, which are two separate issues. Mayor Zaun pointed out that corner lots are not addressed in the ordinance and questioned whether they should be addressed, for consistency with platting requirements in the multi-family zoning districts. Mr. Erickson stated this was an oversight, and a requirement for corner lots should be added to the ordinance. Mayor Zaun stated the proposed ordinance indicates a front yard of 30 feet, whereas the zoning ordinance states, "not less than 30 feet". Mr. Licht stated the definition of front yard is defined at 30 feet. However, for consistency purposes, the proposed ordinance should be amended to read, "not less than 30 feet". 97.193 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 618 • establishing manufactured home parks as conditional uses in the City's R-4, R- CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1997 .PAGE 7 5, R-6, R-7 and R-B zoning districts, with the two changes as recommended by Mayor Zaun. Roll call was taken on the motion.. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 11 Mr. Licht presented a proposed ordinance amending the Lakeville zoning ordinance regarding interim uses. He explained that approximately five years ..ago, the State legislature established a zoning tool termed "interim use". He explained that this technique is basically the same as a conditional use with the exception that there is ability to provide time limits on such activities which are allowed. This provision greatly enhances the City's ability to control activites and adds a degree of flexibility to properly owners. Mr. Licht explained that a number. of items currently addressed as conditional uses would be more appropriately handled as interim uses. These activities include temporary housing for construction workers, special purpose fences, bus shelters and bus benches, special home occupations, land reclamation and mining, model homes, animals and wind energy systems. The Planning Commission recommended approval of the proposed ordinance. Councilmember Johnson asked if this tool is more advantageous to a growing community than anon-growing community. Mr. Licht stated it has been found to be flexible and useful to communities regardless of their growth rate. Mayor Zaun suggested that under the Definitions section of the ordinance, "Interim Use" should read "Interim Use Permit". 97.194 Motion was made by Mulvihill, seconded by Johnson, to adopt Ordinance No. 619 amending the Lakeville Zoning Ordinance regarding interim uses, with the amendment to the Definitions section as suggested by Mayor Zaun. Roll call was taken on the. motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. UNFINISHED BUSINESS 97.195 Motion was made by Sindt, seconded by Mulvihill to table the presentation of a plaque to Don Rutter until the November 17th Council meeting. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 3, 1997 PAGE 8 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, November 17, 1997 Council work sessions, November 12th and November 25th Mayor Zaun adjourned the meeting at 8:20 p.m. Respectfully submitted, Charlene Friedges, City Jerk i Duane Zaun, Mayor