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HomeMy WebLinkAbout11-05-07 t CITY Of LAKEVILLE COUNCIL MEETING NOVEMBER 5,.2007 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Attendance was noted. Present: Mayor Dahl and Council Members Bellows, Swecker, Rieb and Wulff. Also ..present:. R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D, Feller, Finance Director; S. Michaud, Parks 8~ Recreation Director; T. Vonhof, Police Chief; D. Morey, Planning .Director; C: Friedges, City Clerk. Mr. Mielke had no additional agenda information. Presentations/Introductions • Chief .Vonhof introduced Sergeant Steven. Klehr in recognition of his recent promotion to the rank of Sergeant. Citizens' Comments Mr. Harley Horsager, 17141 Jaybell Court,-expressed his appreciation to ...those vvho attended Will- Steger's Global Warming. Solutions event at All Saints Church on October 14th. He also thanked Mayor .Dahl and Rev. Piche for participating in the event.. Ms. Sara Rosenthal, .9895 Lower. 167th Street, asked the City Council to consider participating in the US Mayors Climate Protection Agreement, a government initiative to finding a solution to global warming. Dale Arneson and Brooks Lillehei asked the City Council to consider taking public comments during consideration of the Kent 46 development, Agenda Item #8. Consent Agenda Mr. Mielke highlighted consent agenda items 70, 7q and 7x. • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 ,PAGE 2 • 07.79 Motion was made and seconded to approve the consent agenda items as follows: a. Approve claims'for payment. b. Approve minutes of the October 15, 2007 City Council meeting. c. Receive minutes of the following advisory committee meetings: • Lakeville Arenas., October 17, 2007 • Lakeville Area Arts Center Board; October 18, 2007 • Telecommunications Commission, October 9, 2007- d. Stipulation of Facts and Civil Sanction with Rainbow Foods, HiHi Market and Holiday Stationstore #3584. e. Special Assessment Agreement with Cary Reiswig .and Ann Leschinsky, 19480 Iteri Avenue, for sanitary sewer and watermain in Appaloosa Farms, Improvement Project 04-10. f. Special Assessment Agreement with Michael Dunham, l 1513 - 205tH Street West. g. Agreement with Image Trend, Inc. for a records management system software and technical support for the Lakeville Fire Department. h. Medical Direction Agreement between the City of Lakeville, Allina .Health System, ALF Ambulance and the Lakeville Heart Restart Partnership. i. Resolution No. 07-177 approving change orders for the Lakeville Arena Project. j. Resolution. No. 07-178 authoring the sale of vehicles. k. Resolution No. 07-179 amending the Fire Relief By-laws. L Resolution No. 07-180 authorizing. the sale of a forfeited vehicle. m. Snowmobile Task Force 2007-2008 goals and snowmobiling map. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 3 n. Instructor agreements with Barb .Hughes, Leslie Mullin and .David Perez for fall programs at the Lakeville Area Arts Center. o. Resolution No. 07-181 accepting donations -from area businesses for the 2007 Haunted Forest. p. Acceptance of improvements .and final payment to Barber Construction Company, Inc. for Spyglass, Chadwick and Prairie. Lake improvements, .Improvement Project 06-09. q. Resolution No. 07-182 accepting donation of a memorial tree for Prairie Lake Park.. r. Resolution No. 07-183 designating employee health insurance rates for 2008.. s. Resolution No. 07-184 designating employee dental insurance. rates for 2008. t. Labor. Agreement between City of Lakeville and Minnesota Teamsters Local 320 for 2007-2008. u. Change Order No. 2 with Niles/Wiese Construction, Inc. for Dakota Heights area/Ideal Way reconstruction, Improvement Project 07-02. v. Final acceptance of utilities in Fieldstone Creek 3~d and 4th Additions. w. Final acceptance of utilities and streets in Bellante 1St Addition. x. Grant Contract between the Lakeville Police Department and the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, for participation in the .Citizen Corps :Program. y. Resolution No. 07-185 receiving bids and awarding contract for a Demand Control and Standby Generation System for the Police Station project. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 4 z. Resolution No. 07-1$6 approving change orders .for the Police Station project. aa. Resolution No. 07-187 approving advance of Municipal State Aid Funds for the County Road 50/I-35 interchange reconstruction, ImprovementProject 02-07. bb. Set a Council work session to be held immediately following the regular City Council meeting on November 19, 2007. Roll call was taken on the motion. Ayes, unanimous. Item 7 -Purchase Agreement with Paster.Enterprises, LLC Dave Olson, Community & Economic Development Director, presented a Purchase Agreement with Paster Enterprises, LLC, for the purchase of the former Cedar Liquor Store property located at 16105 Cedar Avenue. He explained that the City Council approved a resolution on May 21, 2007, authorizing the sale of this property in anticipation of the opening of the new Galaxie Liquor Store. At the end of the marketing .period, the City had two solid offers for the asking price of $1,100,000. Based on discussion at the October l st Council work session, City staff recommends accepting the-offer by Paster Enterprises,. LLC. Mr. Olson explained that Paster Enterprises is the owner and developer of Lakeville Crossing, the large commercial property located immediately to the west of this parcel. This acquisition would allow .Paster. Enterprises to incorporate .this property .into .the Lakeville Crossing PUD. The. terms of the purchase agreement call for a closing to take ,place on or before February 28, 2008. Paster Enterprises. has signed the purchase agreement and provided the City with $10,000 earnest money. 07.80 Motion was made and seconded to approve the Real Property Purchase Agreement with Paster Enterprises, LLC, for purchase of the former Cedar Liquor Store property located at 16105 Cedar Avenue. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 5 Item 8 -Kent 46 Gene Happe, President of EFH Company, requested Council approval of Kent. 46, located south of .162nd Street {CSAH 46) and. west of Kenyon Avenue. He indicated that when EFH Company purchased. this property, the C-3 zoning. was already in place. The Brunswick Zone entertainment center and office building are. both a permitted use within the C-3 zoning district, and McDonalds is a ..conditional use. within. that district.. He explained that a neighborhood .meeting was .held, and public. testimony was to-ken at the Parks, Recreation & .Natural Resources Committee as well as two Planning Commission meetings. Many of the concerns raised by the residents at those meetings have been addressed.. One of the main concerns raised by the neighborhood residents was the extension of Kent Trail to CSAH 46. Mr. Happe explained that they have redesigned the site plan in an attempt to .direct all traffic from this commercial development to exit to Kenyon Avenue to .the east, away from Kent Trail .and the residential neighborhood. He stated EFH .Company feels they have done everything they can to minimize the impact to the nearby residents and have invested a significant amount of money in fencing and landscaping along the south plat line. Dan- Licht, Senior Planner with Northwest Associated Consultants, outlined -the planning actions .associated with .this development. Brunswick representatives have expressed a desire for an on-sale liquor license for their business. The liquor license is a separate .application requiring a public hearing held by the City Council. at a later date. Mr. Licht explained that the development plans are consistent with the City's Comprehensive Plan and meet zoning. and subdivision ordinance requirements. He provided an overview of the 1991 Interstate 35/County Road 46 Interchange Land Use Study, which included the. extension of Kent Trail to County Road 46. The study also recommended the area east of the Kent Trail extension be guided for commercial uses, and the area west be guided for residential uses. The Kenwood Oaks- 2nd Addition final plat incorporated the recommendations of the study. Mr. Licht explained that C-3 is the most broadly defined commercial zoning district in the. City's zoning ordinance, allowing for a full range of commercial uses. Mr. Licht stated the Planning Commission opened the public hearing for the Kent 46 planning applications on September 20th and continued the CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 6 .hearing on October 4t" to allow the developer to revise the plans to address issues raised at the September 20t" meeting. There has been a total of 10.5 hours of formal public hearing testimony on this project. Mr. Licht summarized the significant comments raised at the public hearing. Enhancements that have been made to this project in response to public comments include a landscaped median on Kent Trail, parking restrictions along Kent Trail, a neighborhood area identification sign and .directional signage along Kent Trail, construction of a special purpose fence (six-foot tall solid wall), significant improvements to landscaping along .the south plat line, Outlot A to the west of Kent. Trail will be dedicated to the City and maintained as permanent open space, dedication of a conservation easement, limiting directional traffic to right-out only on Kent Trail, bike rack. locations at Brunswick Zone and McDonalds, reduction... and relocation of signage at Brunswick Zone, and construction hours .for earthwork and grading will be restricted. With respect to parking, the developer is providing. a joint parking agreement between ahe Brunswick. Zone and the office building, which have different peak hours. Staff has determined that the .parking being proposed is adequate to accommodate the uses within this development.. The developer has submitted .all necessary documents, and staff recommends approval of the following: • Resolution approving. the preliminary and finial plat • Resolution vacating public street righf-of-way • Resolution approving the conveyance of City-owned property • Resolution designating "no parking" on Kent Trail • Conditional use permif for a planned shoreland development. with an impervious surface area greater than 25% in the shoreland Overlay District of Lee Lake • Conditional use permit for joint parking facilities • Conditional use permit for a convenience food establishment within the C-3 District • interim use permit for a special purpose fence. City Attorney Roger Knutson explained that the City's Comprehensive Plan is the basic .foundation of ,the .land use process. The zoning and subdivision ordinances implement the Comprehensive Plan. What ahe City Council must consider. is whether the applications being submitted meet .the City's ordinance standards. He pointed out that public comment is important; however, neighborhood opposition- is not alone a CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 7 basis for approving or denying an application. Decisions must be based. on facts, and a Findings of Fact would need to support denial of any of these applications. Council Member Bellows voiced his opposition to the extension of Kent Trail #rom the residential development to County Road 46. He stated he feels that residential safety is being compromised by the street extension. He also stated he feels the project is over-developed. and. inconsistent. with past .planning in the community and should not be placed near residential homes. Mayor Dahl asked .the Council members if they wished to .receive additional comments from the residents. Council Members. Wulff and Rieb stated they would like to allow residents to speak, on a limited basis. - Mayor Dahl stated she would allow one or two persons to speak on behalf of the group for no .more than three minutes each. At the request of Mr. Lillehei, Mayor Dahl recessed the meeting at 8:12 p.m. and reconvened at 8:16 p.m. Doug Arneson, 11120 Kenora Way, introduced and commended the young girl who circulated a petition among the other students who. live in the neighborhood. Janet Arneson, 11120 Kenora Way,.requested the City post signs restricting .parking to residents and their guests at all entrances to their neighborhood and the neighborhood north of County Road 46. Richard Clark, 11260 Kenora Way, spoke about the potential crime impact from the Brunswick Zone facility. Jim Miseneik, 11285 163rd Street, urged the Council to deny the request of Brunswick Zone for a liquor license, or limit the license to beer and wine only, and/or limit the hours of operation. Greg Porten, 11050 Kenora Way, spoke about the Comprehensive Plan and compatibility between this commercial use and the adjacent residential area. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 8 tinny Lampert, 1 1062 Kenora Way, spoke .about the findings of fact .and recommendation for the planned shoreland development conditional use permit, specifically #5b regarding land. use compatibility. Council Member Bellows expressed concerns with respect to land use compatibility and made a motion to adopt a moratorium on the issuance of any on-sale liquor licenses to establishments. that abut a residential development until- such time that a thorough sociological and criminal impact study can be done. The City Attorney advised that the liquor license issue is not on this agenda and, as such, the motion is out of order. There was no second to the motion. With respect to the Kent Trail extension, Mr. Mielke pointed out. that the. developer did not request the extension. It has been in the City's transportation plan for a number of years .and has been recommended by the Planning Commission and staff. Council Member Swecker asked if Kent Trail could be a one-way street. She. stated she was concerned that el+minating the Kent Trail extension at County Road 46 would result in only one egress. from the entire site, and she felt that would not be adequate in an emergency situation. Mr. Morey stated the site plan could be modified to eliminate the Kent Trail connection without affecting the building. and parking lot. designs of .the three commercial lots in the plat, if so directed by the .City Council. One option would be to have the private street connect. Kenyon Avenue and CSAH 46 through. the-site without connecting to the existing Kent Trail street stub in Kenwood .Oaks. He pointed out, however, that the design. of Kent Trail at County Road 46 is a recommendation of the Dakota County Plat Commission and. provides both ingress and egress to the site and the Kenwood Oaks neighborhood. Under this scenario, Kent Trail would remain. a dead end at its current location, and the private street within the development would serve only thaf site, .accommodating two-way traffic. Council Member Wulff stated she lives: next to a commercial development that was not there when she moved into her home. The residents in her CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 9 neighborhood ,had the same fears regarding safety and the affects that development would have on their neighborhood .and home values. However, they have not experienced those negative impacts. With .respect to the special purpose fence, Council Member Wulff suggested extending the screening along the south side of the ...underground parking drive on the west side of the office building and north along the southwest corner of the office building parking lot. Mr. Happe concurred -with that modification. Council Member. Rieb and Mayor Dahl stated they agree that Kent Trail does not need to be extended. Mr. 'Happe asked that if the Council chooses not to extend Kent Trail .through. his development, he would propose that it be designated a two- way .private drive with no center median; and they would honor the. request of Dakota Covnty for a right turn only on County Road 46. Mr. Mielke suggested that Kent Trail remain public .right-of-way at this time until staff. has had an opportunity to review the implications of public versus private and deal .with how the street would be constructed in the most cost effective manner while preserving future needs, should they arise. He recommended proceeding with the remainder of the actions for this item and allowing staff to report. back with a recommendation on the Kent Trail issue at the next Council meeting. Mr. Happe stated .they would support whichever scenario the City chooses. Based on that discussion, Mr. Knutson recommended approval of the preliminary plat with one change, thaf .Kent Trail not be extended, and .table approval of -the final plat until details on the design of the private street access to CSAH 46 within the Kent 46 development are resolved. In response to Ms. Arneson's request for additional signage related to parking, Mr. Mielke. stated that parking restrictions may no longer. be necessary, since there would be no access to the neighborhood from this site if Kent Trail is not extended to CSAH 46. 07.81 Motion was made by Wulff, seconded by Rieb to receive the. Planning Commission's Findings of Fact and Recommendation on the conditional CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 10 use. permits and .interim use permit, ,table consideration of the final plat of Kent 46 (and conveyance of City-owned land) and approve the following: a. Preliminary plat of Kent 46 with one change.-that Kent Trail not be extended to the site from the Kenwood Oaks neighborhood; b. Resolution No. 07-188 vacating public street right-of-way; c. Conditional. use .permit for a planned shoreland development with an impervious surface area greater than 25~ in the Shoreland Overlay District of Lee Lake; d. Conditional use-permit for joint parking facilities; e. Conditional use permit for a convenience food establishment in the. C-3 District; and f. interim use permit for special purpose fence as modified by Council Member Wulff. Roll call was taken on the motion. Ayes, unanimous. New Business -None Announcements - Mr. Mielke announced that the National Association of Telecommunications Officers. and Advisors (NATOA) has selected the Minnesota .Association of Community Telecommunications Administrators {NIACTA) to .receive their 2007 Presidents Award of Excellence.. Lakeville Cable Coordinator, Jeff Lueders, President of MACTA, accepted that award on behalf of the Minnesota Chapter. There will be a brief Veteran's Day ceremony on Sunday. at 11:00 a.m. at the Veterans Memorial in Aronson Park. Councilmember Wulff announced her recent appointment to the Metropolitan Council's Transportation Advisory Board and Land Use Advisory Committee. Next regular Council meeting -Monday, November 19, 2007 Mayor Dahl adjourned the meeting at 9:15 p.m. Respectfully submitted, .CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 5, 2007 PAGE 1 l Charlene Friedges, Cit Jerk \ Holly Dahl, Ma o i