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HomeMy WebLinkAbout11-18-96 y .o . CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 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; F. Dempsey, Associate Planner; C. Friedges, City Clerk. MINUTES The minutes of the November 4, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None Engineer: None Administrator: Mr. Erickson provided additional information for Agenda Item No. 9. Chief of Police: Chief Martens presented the October Police Department monthly report. Parks & Recreation Director: Mr. Michaud presented the October Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Cindy Johnson, Executive Director of the Lakeville Convention & Visitors Bureau, provided a status update on the accomplishments of the Convention and Visitors Bureau (CVB) during its first five months of existence. She stated the CVB plans to focus its advertising on the leisure traveler and • sports enthusiasts. Lynette Mulvihill, CVB Board member, presented two ads k V CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 2 • and read the copy chosen by the CVB to promote the Lakeville community as a safe place to retreat to after a day's activities. .City Engineer Keith Nelson introduced Mike Leopold, GIS Specialist. Marlene Kerber, President of the Lakeville American Legion Post 44 Auxiliary,. and Leon Kerber, Commander of the Legion Post, requested. the City Council proclaim November 17-23, 1996, as American Education Week in Lakeville, and urged everyone to visit Lakeville schools during American Education Week and show support for teachers and staff members. 96.182 Motion was made by Sindt, seconded by Johnson to proclaim November 17- 23,.1996, as American Education Week in Lakeville. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. CITIZENS' COMMENTS • Mr. Walter Krawza, 11881-205th Street West, raised concerns regarding the Shiely gravel and asphalt operation near County Road 64 in west Lakeville. He presented a list of concerns dated November 18, 1996, signed by himself and two other residents, to the City Clerk. Mr. Erickson indicated that, at the request of a neighborhood representative, he is gathering data regarding the current status, background and proposed operations for this site and proposed actions on the site directly west. This information will be made available to the neighborhood residents after it has been compiled. 96.183 Motion was made by Mulvihill, seconded by Sindt to receive the "West Lakeville Citizens Issues of Concern Regarding the Shiely Gravel and Asphalt Operation Near County Road 64 in West Lakeville, November 18, 1996". Roll call was taken on the motion. ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. CONSENT AGENDA Councilmembers removed item 7o from the consent agenda Councilmembers added items 9 and 10 to the consent agenda. CITY OF LAKEVILLE COUNCIL MEETLNG NOVEMBER 18, 1996 PAGE 3 96.184 Motion was made by Johnson, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. October Investment Report. c. Receive minutes of the following advisory committee meetings: Cable TV Board, October 8, 1996 Parks & Recreation Committee, October 16, 1996 Parks & Recreation Committee, November 6, 1996 Environmental Affairs Committee, November 6, 1996 Planning Commission, November 7, 1.996 Economic Development Commission, October 29, 1996 Stop Sign Policy Committee, October 8, 1996 d. Firefighting Service .Agreement with Eureka Township for the period of January 1, 1997, to December 31, 1998. e. Contract Addendum with Polished Brass Cleaning Service and Osland Building Maintenance. f. Resolution No. 96-199 accepting donation of a park bench and memorial plaque from Mark Gulbrandson for Wayside Park. g. Site Lease Agreements with APT Minneapolis, Inc. h. Final acceptance of utility and street improvements in Raven Lake First Addition. i. Agreement with North Creek Company for acquisition of sanitary sewer to Farmington's North Creek Elementary School, Improvement Project 96-3. j. Set a public hearing on December 2, 1996, for the renewal of on-sale and Sunday liquor licenses. k. Trunk watermain and trunk storm sewer credits for All Saints Catholic Church. I. Resolution No. 96-200 setting salary schedule for seasonal positions. m. Completion Certificate with United Properties Investment Company. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 4 n. Resolution No. 96-201 transferring Outlot A in Fairfield Business Campus 3rd Addition to Fairfield Business Campus Owners Association. o: (Removed from. consent agenda). 9. Conditional use permit to allow construction of an addition onto an existing single family dwelling at 19567 Jersey Avenue. 10. Resolution No. 96-203 vacating a portion of a drainage and utility easement at 17964 Kettle River Court. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 70 Mr. Nelson presented a proposal from SRF Consulting Group, Inc. to conduct a traffic study of the 1-35/CSAH 50 interchange area. The area would include both sides of I-35 from 185th Street to County Road 46. He explained that this traffic study had been postponed pending completion of the County Road 46 interchange. The proposed cost of the study includes up to eight neighborhood/staff meetings. Councilmember Holberg asked staff how they intend to involve residents in the process.. Mr. Erickson stated that the area businesses who are immediately affected will be notified of the meetings by direct mailings.. Staff will also utilize the Messages page to notify residents of the open house meetings. In response to Councilmember Sindt's question, Mr. Nelson stated there will , be traffic counts taken in at least two locations along Kenrick Avenue. Mayor Zaun requested that Statement #4 under Task Group I of the November 5th proposal from SRF reference both Dakota and Scott counties. 96.185 Motion was made by Sindt, seconded by Johnson to authorize a traffic study of the I-35/CSAH 50 interchange area subject to the proposal by SRF Consulting Group, Inc. dated November 5, 1996, for a cost .not to exceed $39,000, and amended by referencing both Dakota and Scott counties in Statement #4 under Task Group L • Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 5 ITEM 8 Mr. Michael Cronin, representing SuperAmerica, requested Council consideration of a rezoning, conditional use permit and preliminary and final plat for SuperAmerica 3rd Addition, to be located in the northeast intersection of County Road 46 and Kenrick Avenue. Mr. Sobota stated that staff has been working with SuperAmerica over the past 18 months on the .redevelopment of this site. He explained that as a result of HRA action to convey remnant Parcel 14B to the City, the City was able to negotiate with SuperAmerica for the construction of an eight foot wide lighted bituminous trail to Oak Shores Park to provide pedestrian access from the residential development to the north: Also as a part of the negotiations, SuperAmerica has agreed to move the driveway access to the SuperAmerica store 260 feet to the north to avoid traffic congestion at the Kenrick Avenue and County Road 46 intersection. Mr. Dempsey presented the planning report for the SuperAmerica development. He stated a neighborhood meeting was hosted by SuperAmerica officials and was attended by approximately 25 residents. Concerns and issues were discussed regarding screening, landscaping, noise and lighting. SuperAmerica worked with staff and has addressed all issues and concerns raised by the area residents. Mr. Dempsey stated the Planning Commission recommended that the background of the gasoline service area canopy be gray to match the gray brick on the building. Mr. Cronin indicated that a white background with red stripes is standard for SuperAmerica stores and is a trademark that is very important to them. He asked the Council to consider allowing them to use the white background with red stripes. Councilmember Johnson asked if the City's ordinances allow the City to .regulate such things as color, aesthetics and site appearance. Mr. Knutson stated the City's ordinances do not currently provide the authority for such design considerations. Councilmembers indicated that since the canopy will not be back lit or contain a logo, they would be willing to allow the white background with the red stripes. - Mayor Zaun asked if the Police Department can issue citations for violation of the stop sign proposed to be installed at the driveway intersection with CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 6 Kenrick Avenue. Chief. Martens indicated that the City's currently policy authorizes enforcement of stop signs on private property. Mr. Ernie Lindstrom, representing Robert Hoff, 9785 Oak Shore Drive, stated that Mr. Hoff has an application pending before the City for a Holiday Station Store on his property located in the southwest corner of this intersection. He indicated hat"Mr. Hoff has received some indication that the City wants to limit this intersection to only two gasoline stations. He stated Mr. Hoff has no objection to the City granting approval to SuperAmerica; however, he feels. that it would be unfair of the City to rezone the SuperAmerica parcel. to allow a gasoline station, and then refuse a gasoline station on his parcel, which is already properly zoned and would have little, if any, affect on neighboring properties. Mr. Erickson stated the City has received no formal application from Holiday Station Stores for Mr. HofF's property. 96.186 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 588 rezoning Lot 1, Block 1, SuperAmerica 3rd Addition, from R-2 and R- 4 to B-4; grant a conditional use permit to SuperAmerica to allow the construction of a convenience store and gas station at the intersection of County Road 46 and Kenrick Avenue, amending Condition #6 to allow the canopy face to be white with red stripes; and approve Resolution No. 96-202 approving the preliminary and final plat of SuperAmerica 3rd Addition. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 11 Mr. Marvin Freund, President of Crystal Lake Townhome Association, requested Council consideration of an amendment to the Crystal Lake Golf Estates planned unit development (PUD) to .allow for the .conversion of an existing playground area into a perennial flower garden. Mr. Sobota explained that the playground equipment was installed on the common area tot lot in compliance with the townhome development of the Crystal Lake Golf Estates PUD. A survey was taken, and a vast majority of the townhome residents favor removal of the playground equipment. The townhome association is working with the City's Parks & Recreation Department to remove the playground equipment and restore the area. CITY OF LAKEVItLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 7 Councilmember Sindt asked if there are currently any small children living in the townhomes. Mr. Freund stated there are not. 96.187 Motion was made by Holberg, seconded by Mulvihill to approve an amendment to the Crystal Lake Golf Estates Planned Unit Development to allow the conversion of an existing playground area/tot lot into a flower garden. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 12 City Attorney Roger Knutson presented a proposed ordinance concerning noise amplification. He explained that noise complaints involving loud car stereos have increased over the past year. This ordinance gives. the Police Department the authority to control noise amplification and confiscate these "boomboxes" when they are in violation of the ordinance. 96.188 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 589 amending title 4 of the Lakeville City Code concerning noise. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 13 Finance Director Dennis Feller presented a resolution setting water and sanitary sewer rates effecfive February 1, 1997. He explained that the Metropolitan Council Environmental. Services (MCES) is responsible for all sanitary sewage disposal and treatment in the Metro area. The MCES recovers the cost of operations through charges to the benefited cities. Over the past six years, the. MCES has increased its sewage treatment rates 23%. In order to provide adequate funding for operations, staff is recommending that sanitary sewer rates for Lakeville customers be increased $2.77 per quarter on a typical (22,000 gallon) Lakeville utility bill. This will be the second time in six years that Lakeville has adjusted its sanitary sewer rates. Mr. Feller pointed out that Lakeville's rates are in line with those charged by neighboring cities. Councilmember Holberg recommended that Section I.A.2. of the resolution i be amended by adding the words, "per quarter", after $44.60. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 8 • 96.189 Motion was made by Holberg, seconded by Johnson to approve Resolution No. 96-204 setting water and sewer rates effective February 1, 1997, adding the words, "per quarter" after $44.60 in Section LA.2. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, .Johnson, Zaun. UNFINISHED BUSINESS None. NEW BUSINESS Mr. Erickson presented. a proposed interim ordinance temporarily prohibiting new motor fuel facilities. He explained that as a result of concerns raised at several neighborhood meetings, the Planning Commission is recommending that the City take atime-out to thoroughly review design standards for motor fuel facilities. A one year time line is being recommended. Councilmember Holberg asked if the moratorium would also include fast food and other franchise establishments. Mr. Erickson stated this proposed • ordinance is specific to motor fuel facilities, as there appears to be a significant demand in the market place for motor fuel sales. Councilmember Johnson indicated that since at the present time there seems to be a lack of specific rules and guidelines to ensure that balance is met,. as well as defined standards and an objective plan to implement them, he feels the idea of a `time out' is a good one. Mayor Zaun agreed that the City needs standards that. are clear for both the City staff and applicants. 96.190 Motion was made by Johnson, seconded by Sindt to adopt Ordinance No. 590, an interim ordinance temporarily prohibiting new motor fuel facilities. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ANNOUNCEMENTS Next regular Council meeting, December 2, 1996. Mayor Zaun: adjourned the meeting at 9:10 p.m. .Respectfully submitted, ' ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 1996 PAGE 9 l Charlene Friedges, Ci Clerk Dua a Zaun, Mayor •