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Home My WebLink About07-05-05 , CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 2005 Mayor Johnson 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, Wulff, Rieb, Luick and 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; Captain Vonhof, Police Department; D. Volk, Director of Operations & Maintenance; D. Morey, Planning Director; C. Friedges, City Clerk. MINUTES The minutes of the June 20, 2005 City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided a construction project update. ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the June Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS Gity Administrator Steve Mielke presented to the City Council the National Association of Counties 2005 Achievement Award, which was recently awarded to Dakota County for its High Pertormance Partnerships (HiPP) Project. Upon receipt of this award, Dakota County has recognized that it would not have been possible without the collaborative efforts of Dakota County and the municipalities within Dakota County. CITIZENS' COMMENTS None • CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 2005 Page 2 CONSENT AGENDA The Council was asked to consider a resolution, under New Business, authorizing the temporary closing of 207th Street from Holyoke Avenue to Howland Avenue for the. Pan-O-Prog parade. Council members added Item 10 to the consent agenda. 05.59 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee. meetings: ? Planning Commission, June 16, 2005 ? Parks, Recreation & Natural Resources Committee, June 15, 2005 ? Telecommunications Commission, June 21, 2005 ? Lakeville Arena Advisory Committee, June 1, 2005 c. Receive ALF Ambulance Comprehensive Annual Financial Report for the year ended December 31, 2004. d. Receive Lakeville Fire Relief Association Comprehensive Annual Financial Report for the year ended December 31, 2004. e. Resolution No. 05-102 authorizing acquisition of certain real property, CSAH 70 (215th Street)/CSAH 9 (Dodd Boulevard) traffic signal installation, Improvement Project 05-03. f. Resolution No. 05-~ 03 approving. the final plat/final stage Planned Unit Development of Bellante. g. .Renewal of tree service operator license for Sherwood Tree Service. h. Gambling permit for All Saints Catholic Church to hold a bingo and raffle on September 24 and 25, 2005. i. Resolution No. 05-104 authorizing car allowances. j. Final acceptance of utility improvements, Gander Mountain. CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 2005 .Page 3 k. Resolution No. 05-105 accepting donation from Knights of Columbus Lakeville Council No. 8367 to the Parks & Recreation Department for the Pan-O-Prog Beach Bash. I. Resolution No. 05-106 accepting donation from Knights of Columbus Lakeville Council No. 8367 to the Parks & Recreation Department for the Youth Fishing Contest. 10. Resolution No. 05-107 authorizing temporary closing of City streets for Pan-O-Prog events. Roll call was taken on the motion.. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 8 Dennis Feller presented the City of Lakeville 2004 Comprehensive Annual Financial Report. Dan Etling, Manager of the Public Accounting Firm of Eide Bailly, presented the Management Report dated May 6, 2005, for the City of • Lakeville Comprehensive Annual Financial Report for the year ended December 31, 2004 (on file in the City Clerk's office). 05.60 Motion was made by Rieb, seconded by Wulff to receive the City of Lakeville Comprehensive Annual Financial Report for the year ended December 31, 2004. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 9 Richard Carron, representing Valley Paving (a/k/a River City Asphalt) requested Council approval of an extension to his gravel mine operation located west of Interstate 35 and north of 205t" Street, to allow mining through 2007, consistent with the Planning Commission's recommendation. Kirsten Pauly, Civil Engineer with Sunde Engineering, presented the interim use permit request on behalf of River City Asphalt. She explained that the site was originally permitted with an asphalt plant in 1997. In .1997, River City Asphalt estimated a timeframe of ten years to complete • mining activity, although afive-year permit was granted. After five years, CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 2005 Page 4 i River City Asphalt applied to amend the permit an additional five years, consistent with the timeframe originally requested for the operation.. The permit was extended for an additional three years. However, as a condition of the permit, the applicant agreed to remove the asphalt plant. Removal of the asphalt plant eliminated a steady consumption of the aggregate, decreasing the rate at which the material was removed from the site. Ms. Pauly explained that River City Asphalt is a small, family owned and operated contracting business,. utilizing a majority of aggregate from the site on jobs awarded to Valley Paving. or River City Asphalt. They are not a major aggregate supplier like many of the larger mining operations in the area that sell to a large client base. She pointed out that a local source of aggregate is a positive economic benefit to the citizens of Lakeville. There are approximately seven acres of mining remaining on the 30-acre site, which cannot be completed by December 1, 2005. An additional two years of mining would be consistent with the original request fora 10-year timeframe. Mr. Dempsey presented the staff report for the River City Asphalt interim • use permit. He stated Planning Department staff recommended that mining be permitted until December 1, 2005, with site reclamation permitted until December 1, 2006, based on direction received from the City Council at their March 14, 2005 work session. The Planning Commission held a public hearing and recommended approval of an interim use permit subject to 13 stipulations, allowing mining until December 1, 2006 and reclamation to be completed by December 1, 2007. The Planning Commission also directed staff to incorporate all stipulations from the previous conditional use permit that are pertinent to the proposed interim use permit, bringing the total number of stipulations to 21. Council Member Wulff stated that when the conditional use permit was issued in 1997, the City Council did not know when neighboring development would occur. Development in this area is now eminent. She felt that it would not be fair to the residents to extend this permit beyond what was agreed to by the Council at the March 14t" work session. She stated she cannot support the Planning Commission's recommendation. Council Member Luick stated that while he would feel more comfortable with the December 2005 completion date, he also understands that removal of a large amount of aggregate within a short period of time poses a negative impact on the nearby residents. Therefore, he stated he would i support the Planning Commission's recommendation to allow mining until CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 2005 Page 5 December 1, 2006, with reclamation completed by December 1, 2007. He stated he would not support additional extensions beyond these dates. Council Member Rieb and Mayor Johnson pointed out that River City Asphalt provides a natural resource that saves local taxpayers money. They stated they would support the Planning Commission's recommendations, which include no additional extensions of mining operations and/or reclamation beyond these dates. Council Member Bellows asked the. applicant to summarize the May 11tH neighborhood meeting. Ms. Pauly stated that one of the main concerns of the residents is dust control. She stated Mr. Carron has indicated he would try to maintain dust control measures and urged residents to contact him directly with any additional concerns. Mr. Dempsey explained that dust and noise concerns continue to be raised by the residents. In an effort to address those concerns, the Interim Use Permit stipulates that no rock crushing or processing of aggregate material shall occur after December 1, 2006. Another stipulation was included that would allow the material stock piles to be maintained on the south and southwest side of the rock crusher at an adequate height to • provide sound screening. With respect to future development of the adjacent Dale property, Mr. Dempsey explained that the property would be eligible for development when the MUSA expands in November of 2005. 05.61 Motion was made by Rieb, seconded by Luick to receive the Planning Commission's Findings of Fact and Recommendation and approve an Interim Use Permit for River City Asphalt, Inc. to allow aggregate mining in the Permanent Rural District, located north of 205tH Street and west of Interstate 35, as recommended.by the Planning Commission. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson. Nay, Wulff. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting July 18, 2005 Mayor Johnson adjourned the meeting at 8:13 p.m. CITY OF LAKEVILLE COUNCIL MEETING JULY 5, 2005 Page 6 Respectfully submitted, Charlene Frie ges, City Jerk Robert D. Johnso ayor •