Loading...
HomeMy WebLinkAbout03-07-11CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 2011 Mayor Bellows called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Mark Bellows Council Member Laurie Rieb Council Member Kerrin Swecker Council Member Matt Little Council Member Colleen LaBeau Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer David Olson, Community & Economic Development Director Dennis Feller, Finance Director Daryl Morey, Planning Director Steve Michaud, Parks & Recreation Director Chris Petree, Operations & Maintenance Director Charlene Friedges, City Clerk Citizens' Comments Doreen Machin, 9011-21 Oth Street W., asked the City Council to give the senior citizens time to complete an appraisal and survey before making a decision regarding the sale of the former police station building. Tim Ross, 7770 - 202nd Street, stated he feels a municipality does not have the right to operate a business, and the City should allow the private sector to take over the off -sale liquor business. Roger Jacobson, 17332 Ipswich Way, stated he supports the City's municipal liquor operation, pointing out that many programs and equipment purchases are supported by liquor profits. He asked what the City would do with its vacant stores and whether property taxes would increase due to the loss of liquor profits. He also asked the Council not to attempt to make important decisions when all members of the Council are not present. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 2011 Page 2 Judy Hayes, 17326 Idlewood Way, reminded the Council members that they wear many hats in the community, and they are all important. Marlow 111g, 17460 Highview Avenue, pointed out the Federal deficit and urged the Council to cut back on future spending. He also asked if the Council has identified a 5% reduction of the City's budget. Rebecca Sterner, 11560 195th St. W., asked the Council to consider authorizing an environmental assessment of the Midwest Asphalt gravel mining area before granting approval (Item 7 on the agenda). Ron Gerk, 100466 -175th Street, addressed the Council regarding the budget and the use of liquor funds for general operating expenses. He asked how much fuel storage capacity the City has. Mr. Mielke stated that the proposed budget adjustments discussed at the February 28th Council work session will be brought forward as a resolution for the Council's consideration at the March 21 st meeting. He stated staff will respond to Mr. Gerk regarding the City's fuel storage capacity. Bob Erickson, 18224 Justice Way, stated he feels that if a Council member wishes to make a donation to the City, it should be done anonymously. With regard to the possible relocation of the senior center to the former police station building, he encouraged the Council to first secure a buyer for the existing senior center building. He questioned the amount of money that was spent to build the Galaxie liquor store, and he voiced concerns regarding economic development and competitive growth. Wally Potter, 10691 - 202nd Street, spoke on behalf of the Lakeville Area Historical Society and Senior Citizens and urged the Council not to act on the sale of the old police station building at this time. He stated that the survey and appraisal, which the Council agreed to at its January work session, have not yet been completed. Additional Agenda Information - Mr. Mielke provided revised documents, as recommended by the City Attorney, for Items 7, 9 and 10. Presentations /Introductions Jeff Czyson, Operations Manager, presented the ALF Ambulance /Allina 2010 Annual Report. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 201 1 Page 3 Chris Petree presented the February monthly report of the Operations & Maintenance Department. Consent Agenda Council Member Little stated he would abstain from voting on Item 6n, as he is a member of the Lakeville Lions. 11.11 Motion was made by Rieb, seconded by Swecker to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the February 22, 2011 City Council meeting and the February 23, 2011 Council work session. C. Joint Powers Agreement with Independent School Districts 192, 194 and 196 for the Safe Routes to School Project. d. Renewal of tree work licenses for Arbor Doctor, Northway Tree Service and Castle Rock Contracting & Tree Service, LLC. e. Temporary on -sale liquor license for the Lakeville Rotary Club. f. Resolution No. 11-14 calling public hearing on the certification of delinquent utility accounts. g. Resolution No. 11-15 accepting donations to the Police Department from Green Planet Car Wash and Lakeville SuperAmerica. h. Memorandum of Agreement Pertaining to Coordination and Cooperation of Activities and Programs Related to Protection and Management of the Southwest Metropolitan Area's Ground Water and Surface Water Resources. i. Joint Powers Cost Share Agreement with Dakota County for Pictometry International Corporation General License Terms and Conditions. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 2011 Page 4 Cross - Country Ski Trail Capital Improvement Grant Agreement with Minnesota Department of Natural Resources. k. Agreements with Shane Anderson, Josh Deyo and Schiffelly Puppets for programs and performances at the Lakeville Area Arts Center. Resolution No. 11 -16 approving plans and specifications and setting a bid date for 2011 street improvement project, Project 11 -02. M. Appointment of the following advisory committee members: Planning Commission Bob Boerschel (expires 12/31/13) Parks, Recreation & Natural Resources Committee Matt Dinslage (expires 12/31/12) and Robert Swan (Alternate- expires 12/31 /11) Lakeville Area Arts Center Board Timothy Murphy (expires 12/31/13) and Beth Adams (Alternate- expires 12/31 /11) n. Resolution No. 11 -17 approving a lawful gambling premise permit for the Lakeville Lions at the Chart House. o. Tree work license for Branch and Bough Tree Service and Landscape Care. Roll call was taken on the motion. Ayes, unanimous. Item 7 - Midwest Asphalt Corporation Interim Use Permit Blair Bury, President of Midwest Asphalt Corporation, requested Council approval of an Interim Use Permit and Site Improvement Performance Agreement to allow the mining of sand and gravel on property located in the northeast corner of Kenrick Avenue and 195th Street. The Interim Use Permit, he stated, requires the installation of orange snow fence to delineate the boundary of the bluff impact zone and shore impact zone. He asked the Council to consider an alternate type /color fence from the orange to make it more aesthetically pleasing from the lake. He also asked the Council to consider a reduced amount for the proposed financial security. Associate Planner Frank Dempsey presented the staff report. He explained that, given the site's proximity to Lake Marion, plans were sent to the Minnesota DNR for review. The Planning Commission CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 201 1 Page 5 recommended approval subject to 23 stipulations. As recommended by the City Attorney, the Interim Use Permit has been amended to include a signature page requiring the applicant to acknowledge the conditions. Mr. Dempsey addressed the request from a nearby resident for an environmental study. He explained that an Environmental Assessment Worksheet is required for mining operations that are greater than 40 acres. In this case, the mining area is approximately 17 -18 acres. Mr. Dempsey addressed an email received today from a resident expressing concern regarding noise that could be generated from the mining operation. He explained that State Statute establishes the maximum noise levels that are permitted on a property. According to the Minnesota Pollution Control Agency (PCA), the noise that is generated by the proposed use of the property has to be separated from the noise surrounding the property. Mr. Mielke further explained that once the mining work begins, noise levels will be tested to assure that the applicant is in compliance with the limits set by the PCA. However, Midwest Asphalt cannot be held accountable for the freeway noise. In response to Council Member Swecker's questions, Mr. Bury stated that rock crushing would occur on an as- needed basis, primarily during the construction season. Mining would progress from north to south, resulting in stockpiles being located between the crushing plants and the lake, which will help mitigate sound. Mr. Dempsey indicated that staff would work with Mr. Bury on an acceptable fence color and type to be installed at the boundaries of the excavation and mining area. The Interim Use Permit will be amended accordingly. 11.12 Motion was made by Swecker, seconded by Rieb to approve an Interim Use Permit and Site Improvement Performance Agreement with Midwest Asphalt Corporation to allow mining and excavation on property located in the northeast corner of Kenrick Avenue and 195th Street. Roll call was taken on the motion. Ayes, unanimous. Item 8 - Walmart Project Wetland Replacement Plan CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 2011 Page 6 Will Matzek of Kimley -Horn and Associates requested approval of a Wetland Replacement Plan for Outlots A and B, Lakeville Commerce Center, located near the intersection of Keokuk Avenue and 205th Street. Community & Economic Development Director Dave Olson explained that the site contains 1.36 acres of wetland that was delineated in September of 2010 by Kimley -Horn and Associates on behalf of Walmart. In order to develop the proposed 152,000 square foot retail store on this site, Walmart is proposing to fill approximately 0.97 acres of this delineated wetland. The Wetland Conservation Act (WCA) requires a 2:1 replacement of impacted wetlands. The proposed wetland replacement plan calls for the purchase of 1.94 acres in the Bachman Wetland Bank located in Eureka Township. Mr. Olson explained that no wetland impacts will occur until the City has received confirmation from the Board of Water and Soil Resources that the required credits have been officially withdrawn from the wetland bank. The City is the Local Government Unit (LGU) and thus is responsible for administering the WCA. Mr. Olson explained that the applicant intends to submit a preliminary and final plat for development of this property. Mr. Mielke pointed out that the issue before the Planning Commission and City Council will be whether the plat meets the City's requirements for approval and not whether Walmart can build a store at that location. He also clarified that the City has not expended any of its resources on this project. 11.13 Motion was made by Little, seconded by LaBeau to approve a Wetland Replacement Plan for Keokuk Avenue and 205th Street W., Outlots A and B, Lakeville Commerce Center, for the proposed Walmart project. Roll call was taken on the motion. Ayes, unanimous. Item 9 - Kingsley Shores Senior Living Frank Schoeben requested Council approval of the Kingsley Shores Senior Living project, located east of the Chart House restaurant on the north side of Klamath Trail, west of Kenwood Trail. Matt Frisbie of Frisbie Architects provided an overview of the proposed project, which consists of 23 independent living units, 46 assisted living units and 32 memory care units. The project includes the widening of Klamath Trail to meet the City's requirements for a major collector street, CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 201 1 Page 7 including a westbound right turn lane into the site. A 10 -foot wide bituminous trail will also be constructed on the north side of Klamath Trail. Planning Director Daryl Morey stated the subject property is located in the shoreland overlay district of Lake Kingsley. He outlined the zoning ordinance flexibilities that the Council is being asked to grant for this project related to buffer yard building setback and screening, building height, shared parking and driveway access, underground parking stall depth and a shared freestanding monument sign. The Planning Commission held a public hearing and unanimously recommended approval. The ordinance rezoning the property has been modified to include additional language as recommended by the City Attorney. Mayor Bellows asked staff to address the issue of fire safety. Mr. Morey stated that the plans were reviewed by the Fire Department and their comments have been addressed, including the installation of a commercial grade fire suppression system for the senior housing facility. Mayor Bellows asked Mr. Mielke to address the need for this type of housing in the city. Mr. Mielke stated that the actions before the City Council relate to land use and development issues. Mr. Frisbie indicated that a market study was completed for this area, and the results were very favorable for assisted, independent and memory care living. Council Member LaBeau asked if the City is setting a precedent in terms of the zoning ordinance flexibilities. Mr. Morey explained that this site is unique given its proximity to Lake Kingsley and the shallow depth between Lake Kingsley and Klamath Trail. The DNR has reviewed the plans and is very comfortable with them. Council Member LaBeau asked about the future of Lot 1. Mr. Morey stated Mr. Schoeben is currently marketing that property, which would be subject to the uses allowed in the O -R District. 11.14 Motion was made by Rieb, seconded by Swecker to approve the following: a. Resolution No. 11-18 approving a Comprehensive Plan Amendment b. Ordinance No. 875 rezoning property to Planned Unit Development C. Conditional use permit for a planned shoreland development d. Resolution No. 1 1 -19 approving the preliminary and final plat CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 2011 Page 8 e. Resolution No. 1 1 -20 vacating public easements f. Resolution No. 11-21 conveying City -owned property Roll call was taken on the motion. Ayes, unanimous. Item 10 - Hosanna 4th Addition Jim Hayes of Hosanna Lutheran Church requested Council approval of Hosanna 4th Addition, a 93 -unit senior housing facility located on the Hosanna Lutheran Church property. Susan Farr, representing Ebenezer Management Services, outlined the need for memory care and assisted living housing in this area. Dan Neudecker of Pope Architects presented the site plan for the senior housing facility, which will be connected to the existing church building. The project contains a future 7,000 square foot chapel and a classroom addition. Associate Planner Frank Dempsey presented the planning report and proposed planning actions for this project. The Planned Unit Development allows for zoning ordinance flexibilities including building height, interconnection of buildings across property lines, underground parking stall depth, shared parking and driveways across property lines, and the monument sign. The Planning Commission held a public hearing and unanimously recommended approval. The ordinance rezoning the property has been modified to include additional language as recommended by the City Attorney. 11.14 Motion was made by Swecker, seconded by Little to approve the following: a. Resolution No. 1 1 -22 approving a Comprehensive Plan Amendment b. Ordinance No. 876 rezoning property to Planned Unit Development C. Resolution No. 1 1 -23 approving preliminary and final plat d. Resolution No. 1 1 -24 vacating drainage and utility easements Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 2011 Page 9 Item 11 - Airlake 70 Industrial Park Environmental Assessment Worksheet Dan Regan of Airlake Development requested the City Council authorize the distribution of an Environmental Assessment Worksheet (EAW) for the proposed Airlake 70 Industrial Park development and initiate the 30 -day comment period. He explained that Airlake Development is proposing up to 916,000 square feet of light industrial /warehouse development on a 66- acre parcel located southeast of the intersection of Cedar Avenue and the future extension of 215th Street (County Road 70). Mr. Olson explained that because this development exceeds 450,000 square feet, an EAW is required by Minnesota law to determine the impact of full development on the site. The proposed resolution authorizes distribution of the EAW for public comment. The City is the Responsible Government Unit in the preparation and review of the EAW. 11.15 Motion was made by Rieb, seconded by Swecker to approve Resolution No. 11-25 approving the distribution of an Environmental Assessment Worksheet for the Airlake 70 Industrial Park. Roll call was taken on the motion. Ayes, unanimous. Unfinished Business - Proposed Sale of Former Police Station Building Council Member LaBeau clarified that in making this motion at the February 22nd meeting, she was trying to send a message that the City is being as fiscally responsible as possible by putting the building up for sale. Council Member Rieb stated she would like to allow the senior citizens and historical society an opportunity to finish their survey and appraisal before taking any action on whether to sell the building. Council Member Swecker stated that while she will not support a tax increase to move the senior center and historical society into the building, she believes the Council must explore all options prior to placing it on the market. Council Member Little stated he feels there is no urgency in making a decision. He felt that the Council would best serve its residents by conducting all the research before making a decision. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 7, 201 1 Page 10 1 1.16 Motion was made by Little, seconded by Rieb to table indefinitely the motion to put the former police station building up for sale. Mayor Bellows stated he supports the sale of the building and feels it is inadequate for use by the senior citizens. He stated in his opinion getting all the options on the table would necessitate testing the market. Roll call was taken on the motion. Ayes - Swecker, Little, Rieb. Nays - Bellows, LaBeau. New Business Council Member Rieb stated that according to the Council's Rules of Procedure, items brought up under New Business are for Council discussion only. If the Council chooses to act on that item, it should be placed on a future agenda. Announcements - Next regular City Council meeting, March 21, 2011 Mayor Bellows adjourned the meeting at 10:16 p.m. Respectfully submitted, Charlene Friedges, Ci y Clerk Mark Bellows, Mayor