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Home My WebLink About01-18-05 ~t ' CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18 2005. City Attorney Roger Knutson administered the oath of office to Council Member David Luick Acting Mayor Luick called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Bellows, Luick, Wulff and Rieb. Absent: Mayor Johnson. 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 & Recreation Director; S. Strachan, Police Chief; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the January 3, 2005 City Council meeting and the December 13, 2004 Council work session were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Jack Matasosky provided information on the Chart .House Restaurant & Banquet Facility .and introduced owner Frank Schoeben. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the December monthly report of .the Operations & Maintenance Department. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the December Parks & Recreation Department monthly report.. ,y , CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2005 PAGE 2 POLICE CHIEF: Chief Strachan presented the .December Police .Department monthly report. PRESENTATIONS/INTRODUCTIONS .None CITIZENS COMMENTS Christiane Reitz, representing Ardmor Village and All Parks Alliance for Change (APAC), asked the City Council to consider adoption of a manufactured park closing ordinance. She explained that manufactured home park residents rent. the lot that their home sits on. Because land values continue to increase, there is a greater trend for park owners to sell their land for development, forcing homeowners to relocate. Minnesota Statute 327C.095 gives cities the authority to pass a park closing ordinance to protect citizens living in manufactured home parks in the event of a park closing. She stated adoption of a .park closing ordinance provides financial protection to the homeowners by requiring the park owner and/or new developer to pay the reasonable relocation costs to move each home or purchase the home. She pointed. out that there would be no expense to the City or the taxpayers as a result of this ordinance. Ms. Reitz provided a model ordinance for the Council's consideration. Sylvia Hernandez of Connelly Community presented a petition containing approximately 300 signatures from the five manufactured home communities in Lakeville requesting adoption of the ordinance. Acting Mayor Luick stated City staff will analyze the impacts of the model ordinance, discuss it with interested parties and discuss this issue with the City Council at an upcoming work session. Mr. Mielke stated staff will notify the manufactured home park residents through the APAC representatives, and will also notify the property owners, prior to placing this matter on a future City Council meeting agenda.. CONSENT AGENDA .05.04 Motion was made by Bellows seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee. meetings: CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2005 PAGE 3 ? Planning Commission, January 6, 2005 ? Parks, Recreation & Natural Resources Committee, January 5, .2005 ? Telecommunications Commission, January 11, 2005 c. Final acceptance of utility and street improvements, Village Creek First Addition. d. Final acceptance of utility and street improvements, Village Creek Second Addition. e. Final acceptance of utility improvements, Village Creek Third Addition. f. Reimbursements for utilities and park credits for trails in Vermillion Springs. g. Joint Powers Agreement with. Dakota County for construction right- of-way acquisition and .traffic signal installation, County Road 70/Dodd Boulevard traffic signal installation and turn lane . construction, Improvement Project 05-03. h. Tree service operator license renewals for 2005. i. Acceptance of settlement amounts and Condemnation Commission Award for the acquisition of properties and easements for the CSAH 50/I-35 interchange, Improvement Project 02-07. j. Tree-year special home occupation permit extension for Kathleen Navarre to operate a massage therapy business at 20865 Holiday Avenue. k. Resolution No. 05-04 establishing boards and committees of the City Council and approving appointments thereto. I. Employment Agreement with Richard Lyons for on-site .inspection services associated with the construction of the Central Maintenance Facility. m. Joint Powers Agreement for traffic markings, street sweeping, crack sealing, screening and sealcoating with the cities of Apple Valley, Eagan, Farmington, Mendota Heights, Prior Lake, Rosemount, Savage and Shakopee.. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2005 PAGE 4 n. Contract with Dakota County for Sentenced to Service program work crews. o. Agreements. for Services with Independent Contractors Anna Barnard, Kristi Benson, Susan Landberg, Tana Loew and Larissa Asleson .for programs/classes at the. Lakeville Area Arts Center. p. Resolution No. 05-05 accepting donation of $100 from Knights of Columbus, Lakeville Council No. 8367, for the Youth Ice Fishing Contest. q. Lease Agreement with Siemon Implement, Inc. for mowing equipment. r. State of Minnesota/Department of Natural Resources Subgrant Agreement under the Federal Recreational Trail. Program for Village Creek greenway. s. Resolution No. 05-06 authorizing submittal of local trail connections grant program application and Resolution No. 05-07 authorizing submittal of federal recreational trail grant program application for the Central. District Greenway/Wildlife Corridor trail development project. t. Resolution No. 05-08 amending the 2005 General Fund Budget. u. Resolution No. 05-09 amending. the 2005 Liquor Fund Budget. v. Gambling permit for VFW Auxiliary to Post 210 for bingo events on .February 12 and April 2, 2005, at the Lakeville VFW. w. Gambling permit for Crystal Lake Elementary PTO to hold a raffle on February 24, 2005. Roll call was taken on the motion. Ayes, Bellows, Luick, Wulff, Rieb. ITEM 9 Mr. Morey presented. a proposed ordinance amending Title 11 of the Lakeville. City Code concerning fences that are not owned. or maintained by a homeowners association in detached townhome developments. He explained that this amendment addresses an issue regarding an amendment to the zoning ordinance adopted on April 5, 2004 that . modified the performance standards for detached and attached CITY OF LAKEVILLE COUNCIL MEETING JANUARY 18, 2005 PAGE 5 townhomes. The revised performance standards. changed the lof requirement from a minimum of 7,500 square feet to a unit lot requirement of only the area necessaryto accommodate the dwelling unit. The zoning ordinance amendment also revised the wording related to fences for detached townhouses to allow them as a permitted accessory use provided the fences were owned and maintained by the homeowners association. .The amendment did not, however, provide an exception for those detached townhouse lots created prior to April 5, 2004. The proposed ordinance amendment will allow an exception from .the requirement that fences be owned and maintained by the homeowners association for detached townhouse lots of record platted prior to April 5, 2004, provided. the fences are constructed of a maintenance free material and provided there is a gate to allow access for the required homeowners association yard maintenance. Acting Mayor Luick expressed appreciation to the Planning Commission for reviewing this matter and providing an ordinance that addresses this issue. 05.05 Motion was made by Rieb, seconded by Wulff to adopt Ordinance No. 778 amending Title 11 of the Lakeville City Code allowing privacy fences for detached townhome developments within the RST-2 District approved prior to April 5, 2004. Roll call was taken on the motion. Ayes, Luick, Wulff, Rieb, Bellows. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, February 7, 2005 Council work session, February 15, 2005 Acting Mayor Luick adjourned the meeting at 7:58 p.m. spectfully submitted, Charlene Frie ges, ity Clerk David Luick, Acting Mayor