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HomeMy WebLinkAbout08-18-97 CITY OF iLAKEVILLE COUNCIL MEETING AUGUST 18, 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. Morey, Planner; L. Gustafson, Assessment Cleric; R. Wawrzon, Police Research Analyst; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES .The minutes of the August 4, 1997, City Council meeting were approved as .presented. • STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson presented a resolution approving a Settlement Stipulation for Parcel 12 of Dakota County Right-of-Way Map No. 147 for consideration by the City Council under New Business. He stated .the resolution is consistent with action taken by the Lakeville HRA this evening. ENGINEER: Mr. Nelson reported that two objection letters were received with regard to assessments on the downtown improvement project for the Council's receipt under Agenda Item 9. Mr. Robert McNevin submitted a request to combine his two parcels at 20525 Hughes Avenue. ADMINISTRATOR: Mr. Erickson provided additional information for agenda items 7q, 8, 9, 13f and 14. Mr. Erickson stated that officials from Arden Kitchens have requested additional time to review their preliminary and final plan request and are, therefore, requesting the City Council table Agenda Item 10. CHIEF OF POLICE: Chief Martens presented the July Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 2 • PARKS & RECREATION DIRECTOR: Steve Michaud presented the July Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Steve Michaud introduced Cathy Bolduc, Recreation Program Assistant. Robert Erickson introduced Jeff Lueders, Cable Coordinator. CITIZENS' COMMENTS Robert & Betty Hoff, 9785 Oak Shore Drive, addressed the City Council regarding their property on County Road 46 and Kenrick Avenue, stating that the City has prevented Holiday Stationstores from building a convenience store/gas station on their property. He outlined a series of events that had transpired since 1994 between the Hoffs, Holiday Stationstores, City staff and the City Council which resulted in Holiday terminating its agreement with the Hoffs for lease of their parcel. Mayor Zaun asked Mr. Hoff to provide the Council with a written copy of his comments. Mr. John Boland, 10241 - 205th Street West, addressed the City Council regarding the upcoming School District 194 bond referendum. CONSENT AGENDA Councilmembers added agenda items 11 and 12 to the consent agenda. 97.141 Motion was made by Johnson, seconded by Holberg to approve the .consent agenda items as follows: a. Claims for payment. b. July Investment report. c. Receive minutes of the following advisory committee meetings: Planning Commission, August 7, 1997 Parks & Recreation Committee, August 6, 1997 Environmental Affairs Committee, August 5, 1997 Ames Arena Advisory Committee, August 6, 1997 Cable Board, June 10, 1997 Hunting Committee, August 12, 1997 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 3 d. Agreement for Urban Plat Review and Site Inspection Services with Dakota County Soil & Water Conservation District. e. Grant Agreement with Minnesota Department of Natural Resources for snowmobile and cross country ski trails. f. Resolution No. 97-178 establishing a lockout/tagout procedure. g. Contract with Healtheast Transportation, Inc. for pre-arrival medical instructional services. h. Development Contract and Special Assessment Agreement with Paul A. and Lois M. McKinley. i. Final acceptance of improvements and final payment to McNamara Contracting, Inc. for 170th Street reconstruction, Improvement Project 95-8. j. Final acceptance of improvements and final payment to Kusske Construction Co., Inc. for 161st Street extension, Improvement Project 95-5. k. Change Order No. 1 with McNamara Contracting, Inc. for 175th Street extension, Improvement Project 96-7. I. Change Order No. 1 with E.H. Renner & Sons for Well No. 12, Improvement Project 96-10A. m. Final acceptance of utility improvements, Gateway 1st Addition. n. Lakeville Ames Ice Arena Budget, August 1, 1997 to .July 31, 1998. o. Resolution No. 97-179 calling a public hearing for certification of delinquent utility accounts. p. Request for Bids for Point of Sale & Inventory Hardware, Software & Services for Lakeville Liquor Stores. q. Resolution No. 97-180 authorizing installation of permanent seating for Lakeville Ames ice Arena and authorizing the disbursement. of $15,699.92 from the Ice Arena Construction Fund for said purpose. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 4 r. Release of Development Agreement dated August 16, 1993, and Amendment No. 1 dated March 7, 1994, with Rytway Industries, Inc. s. First Amendment to Development Contract. for Tarry Creek. 11. Resolution No. 97-185 approving the final plat of Kenridge Second Addition. 12. Conditional use permit to allow the construction of a single story entryway at 17170 Heywood Court. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 Dennis Feller explained that contracts were recently awarded for the construction of a fourth liquor store at I-35 and County Road 46. The $1.64 million. project is proposed to be financed with $1.4 million of Liquor Revenue Bonds and $240,000 from cash on hand. Liquor revenue bonds, Mr. Feller explained, are backed solely by the revenue from liquor operations and are not backed by the full faith and credit of the City. Springsted Principal Ron Langness presented the bid results and recommended approval of the bid to Bernardi Securities, Inc. at an interest rate of 5.1734%. 97.142 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 97-181 awarding sale of $1,400,000 Liquor Revenue Bonds, Series 1997A. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 9 Mayor Zaun opened the public assessment hearing for downtown sanitary sewer, watermain and street improvements, Improvement Project 94-1. The City Clerk attested to legal notices being duly published and mailed. Keith Nelson provided an overview of the downtown improvement project, which included sanitary sewer, watermain, storm sewer replacement, reconstructed streets, curb and gutter, sidewalk, new street lights and CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 5 banners and additional parking areas. He explained that neighborhood meetings began in 1994, and actual construction began in 1996. The original project cost was estimated at $8 million. However, the project was expanded to include the reconstruction of Dodd Boulevard north of CSAH 50 to accommodate the McDonalds/Kwik Trip development. Plans were also modified to include the construction of several. parking areas off Holyoke Avenue. During construction, the City executed change orders for replacement of additional sanitary sewer and watermain, and 207th Street was milled and overlaid. Decorative lighting was added along Holyoke Avenue between 202nd and 205th streets. Mr. Nelson explained that part of the increase will be funded with MnDOT turnback funds. Although the scope of the project was expanded from what was originally estimated in the feasibility report, staff believes these changes benefit the City at large and, therefore.,. recommend that the assessments remain unchanged from what was originally presented at the public improvement hearing. The final project cost came in at $9,955,600, of which $921,299.03 is proposed to be assessed. The residential unit assessment is $2,350 per unit. Mr. Feller explained that assessments for this project will be spread over a • 20-year period at 6.907% interest. Property owners may. pay their assessments in part or in whole within 30 days of the approved assessment roll at no interest. After December 31st, the succeeding year's installment, together with interest, must be paid with real estate taxes. Residents 65 years of age or older may qualify for senior citizen deferment.. 97.143 Motion was made by Johnson, seconded by Mulvihill to receive letters from Robert J. Bruno,. Attorney for Jeffrey Dale Braun, PID No. 22-71100-040-00; and Bob Wendt, PID No. 22-57750-025-00 and 22-57750-024-00. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. Mr. Mark Zweber spoke on behalf of his mother, Helen Zweber, 20520 Hughes Avenue, and asked if his mother's two parcels could be combined to eliminate one assessment unit. Mr. Erickson encouraged Mr. Zweber to have his mother submit a letter requesting that her two lots be combined. Mayor Zaun asked about Mr. Wendt's objection to the assessment. Mr. Erickson explained that Mr. Wendt has no objection to the assessment for his lot on Hull .Avenue; however, he objects to paying the storm sewer area charge on 205th Street, but would be willing to pay it at the time 205th Street is improved and/or redeveloped. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 6 97.144 Motion was made by Sindt, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 97.145 Motion was made by Holberg, seconded by Johnson to approve Resolution No. 97-182 adopting assessments for Improvement Project 94-1. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. Mr. Erickson presented appreciation plaques to OSM staff members Tom Angus, Project Manager; Hank Abbett, Senior Construction Observer; and his assistant, Pete Sentieri who worked closely with the City to bring the downtown project to successful completion. An appreciation plaque was also presented to Tom Ryan of Ryan Construction Company for expediting the downtown project. ITEM 10 • 97.146 Motion was made by Johnson, seconded by Holberg to table consideration of a request from Arden International Kitchens for the vacation of drainage and utility easements and the preliminary and final plat of Arden Kitchens Addition. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 13 Mr. AI Block, representing Town & Country Homes, Inc., and Scott Johnson of Arcon Development requested Council approval of the Town and Country Estates townhouse development project located south of 162nd Street and north of 165th Street. Mr. Morey outlined the following actions that require approval for the Town and Country development project: • .Vacation of existing street, road, drainage, utility and ponding easements, which will be replaced by permanent drainage and utility easements, an CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 7 outlot to be deeded by the developer to the City and public street right-of- way with the final plat of Town and Country Estates. • Minor Comprehensive Land Use Plan amendment to change the proposed land use from low density residential to low/medium density residential. • Rezoning from R-2 to Planned Unit Development in order to accommodate the proposed townhouse development with each townhouse unit located on its own separate lot, common. open areas and building setback flexibility. • Preliminary plat for 164 townhouse lots/units in four phases. • Variance to allow a cul-de-sac street length greater than 500 feet due to lack of street connections and to reduce impacts on trees. • Phase 1 final plat of 50 townhouse lots. Mr. Morey stated there will be no new street access on County Road 46 with this development and no driveway access on Jaguar Avenue, County Road 46 or 165th Street. A schematic planting plan pays particular attention to providing a berm and landscape screen adjacent to County Road 46, 165th Street, Jaguar Avenue and the area adjacent to the Crystal Ridge Estates development. The Planning Commission recommended, in response to a resident concern, that the developer install the entire bermllandscape screen proposed on the south side of County Road 46 on the north side of 165th Street with the development of the phase 1 final plat. Mr. Morey stated the proposed development plans were reviewed by City staff and advisory committees, and all recommend approval. ISD 194 officials also reviewed the proposed development plans and felt that it would have a minor impact on Lakeville schools, due to the fact that this type of development typically draws fewer children than a single family development. Staff recommends approval Councilmember Sindt asked if the conduit for traffic signals is in place at County Road 46 and Jaguar Avenue. Mr. Erickson stated the conduit is in place, and traffic signals will be installed when warrants are met. Councilmember Sindt asked if a tot lot is proposed. to be constructed in this development. Mr. Erickson stated that the developer would be willing to construct a tot lot at a future date if the number of children exceeds .projections. 97.147 Motion was made by Johnson, seconded by Sindt to take the following actions with regard to Town and Country Estates: CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 8 • Approve Resolution No. 97-186 vacating street, road, drainage, utility and ponding easements; • Approve a Minor Comprehensive Land Use Plan Amendment; • Receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 606 rezoning property from R-2, Single Family Residential District, to PUD, Planned Unit Development District; • Approve the preliminary plat of Town and Country Estates (164 townhouse lots); • Receive the Planning Commission's Findings of Fact and Recommendation and approve a variance for cul-de-sac street length greater than 500 feet; • .Resolution No. 97-187 approving the (Phase 1) final plat of Town and Country Estates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 14 Mr. Don Patton, representing D.R. Horton, Inc., requested Council approval of the preliminary and final plat of Zweber Farm, located on the south side of 175th Street, north of Dodd Boulevard and west of Highview Avenue. Mr. Morey provided an overview of the Zweber Farm preliminary plat, which proposes 76 single family lots in three phases. The phase 1 final plat proposes .the development of 22 single family lots. He explained that the preliminary plat plans were forwarded to ISD 194 officials, who indicated a concern with regard to the overcrowded. condition at Cherryview Elementary School. At a subsequent meeting, City staff, ISD 194 officials and the developer agreed to a maximum number of building permits being allowed per year as follows: 1997 2 (model homes) 199$ 12 1999 26 2000 to 2003 40 permits per year Mr. Morey stated this phasing of building permits will allow sufficient time for the school district's ninth elementary school to be constructed and opened for CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 9 the 1999-2000 school year, given passage of the school bond referendum on September 30, 1997. Staff recommends approval of the preliminary plat and phase 1 final plat..: Mayor Zaun asked how the plat will proceed if the September 30th school bond referendum does not pass. Mr. Sobota responded. 97.148 Motion was made by Mulvihill, seconded by Holberg to approve the preliminary plat of Zweber Farm and Resolution No. 97-188 approving the (phase 1 }final plat of Zweber Farm First. Roll calf was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 15 Mr. Sobota presented proposed zoning ordinance amendments with regard to • motor fuel sales and .commercial car washes, truck stops and commercial car washes .and road access location/driveway access spacing standards. He explained that industry representatives participated with a Planning Commission subcommittee and City staff to provide input on the proposed ordinance amendments. The proposed amendments include a study of the fuel facilities industry and development trends, interviews with fuel sales industry representatives and examples of zoning and design regulations from other cities. Anew provision. to the zoning ordinance is also proposed for the development of truck stop/fuel facilities in the B-4 District. Alan Brixius, Consulting Planner, provided highlights of the City of Lakeville Fuel Facilities Study dated August, 1997. (See document on file in the City Clerk's office.) Councilmember Holberg asked about signage on the canopy and if a sign could extend above the actual canopy face. Mr. Sobota explained that the sign would have to remain within the three-foot height of the canopy. He further explained that if a sign is erected on the canopy, no sign would be allowed on the exteriorbuildingwall. Councilmember Holberg asked if there are any restrictions as to sign colors, ® Mr. Sobota stated the sign. ordinance regulates location and size of signage, CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 10 but not color. Mr. Sobota further stated that the Planning Commission and Planning Commission subcommittee chose not to specify detailed architectural design/color requirements. Councilmember Sindt asked if outside storage will continue to be allowed. Mr. Brixius stated according to the proposed ordinance, outside storage on existing sites can be continued for five years and would then need to be eliminated. Mr. Erickson pointed out that the three most recently approved conditional .use permits for motor fuel facilities in the city followed .most of the standards being considered in the ordinance amendments this evening. Mr. Hoff asked why it took two years to find out where the access is located on his property at County Road 46 and Kenrick Avenue . Mr. Sobota stated the access point on Mr. HofPs property had been clearly identified by City staff to Holiday officials. Councilmember Holberg identified a typographical error (duplication) in Section 11.9.4 5.h. of Ordinance No. 610. • 97.149 Motion was made by Mulvihill, seconded by Holberg to adopt Ordinance No, 607 amending the Lakeville Zoning Ordinance relating to the regulation of motor fuel sales within the B-2 Zoning District; Ordinance No. 608 amending the Lakeville Zoning Ordinance relating to the regulation of motor fuel sales within the B-3 Zoning District; Ordinance No. 609 amending. the Lakeville Zoning Ordinance relating to the regulation of truck stops within the B-4 Zoning District;. and Ordinance No. 610 amending the Lakeville Zoning Ordinance relating to the regulation of driveway access spacing, as corrected. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 16 Mr. Brixius presented a proposed ordinance concerning street right-of--way width requirements. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 11 • 97.150 Motion was made by Johnson, seconded by Holberg to adopt Ordinance No. 611 amending Title 10 of the Lakeville City Code concerning street right-of- way width requirements. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 17 Ron Wawrzon presented the 1997/98 Lakeville Hunting Zone map as recommended by the Hunting Committee at its August 12, 1997, meeting. He outlined the following recommended changes as follows: • Third lake of Lake Marion closed to waterfowl hunting • Theater complex area south of 205th Street and west of I-35 closed to hunting • Aptus/Toro area east of Cedar Avenue closed to hunting • Administrative change west of Flagstaff Avenue and east of Cedar Avenue as recommended by the Cfiief of Police due to numerous citizen • complaints, which was made last year but not identified on the map. 97.151 Motion was made by Holberg, seconded by Mulvihill to approve the 1997/98 Hunting Zone Map and authorize publication of the map on the Lakeville Messages page. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. UNFINISHED BUSINESS John Hennen provided an update on the relocation of the Dakota County Recycling Center from Burnsville to Eagan. Roger Knutson stated he had not been able to contact an NSP official regarding tree trimming but would continue to research the matter.. Keith Nelson responded to Councilmember Mulvihill's inquiry regarding flooding problems along 167th Street east of Cedar Avenue. He indicated that Barr Engineering is looking at some alternatives for that area, and he will report back to the Council later this year. NEW BUSINESS CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 1997 PAGE 12 • 97.152 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 97-189 approving settlement stipulation as to Parcel 12 of Dakota County. Road Right-of--Way Map No. 147. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ANNOUNCEMENTS: Next regular Council meeting, Tuesday, September 2, 1997. Mayor Zaun adjourned the meeting at 9:50 p.m. .Respectfully submitted, Charlene Friedges, Cit Jerk • Duane Zaun, or s