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HomeMy WebLinkAbout04-05-04 O ~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 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; R. Erickson, City Administrator; J. Rubash, Assistant City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; J. Hennen, Park Maintenance & Operations Manager; D. Volk, Director of Operations & Maintenance; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; G Friedges, City Clerk. MINUTES The minutes of the March 15, 2004 City Council meeting and the March 8 and March 22, 2004 Council work sessions were approved as presented. STAFF ANNOUNCEMENTS Al?ORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided additional information for Agenda Item 15, appointment of a Police Chief. DIRECTOR OF OPERATIONS & MAINTENANCE:. Mr. Volk presented the March monthly report of the Operations & Maintenance Department. ZONING ENFORCEMENT COORDINATOR: Mr. Hanson presented the 2003 annual zoning enforcement report. PRESENTATIONS/INTRODUCTIONS Linda Walter, Senior Coordinator, and Eugene Kaufenberg, Senior Citizens President, requested Council approval of a proclamation for Lakeville Senior Center Volunteer Recognition Week. Council Member Wulff read . ~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 2 the proclamation for Lakeville Senior Center Volunteer Recognition Week, April 18-24, 2004. John Hennen introduced Jon Ridge, Executive Director of the Minnesota Council of Hostelling International. Mr. Ridge provided an overview of the Minnesota 2004 Ironman Bike Ride. The annual event will be held on Sunday, April 25, 2004. Mr. Ridge stated they anticipate approximately 4,000 participants coming to Lakeville for the bike ride. Council Member Wulff asked about the additional $5 registration fee, which, as stated in the Ironman brochure, is due in part to increased costs for public safety services.. She pointed out that the City utilizes police reserve officers instead of uniformed police officers to help keep the City's costs at a minimum. Mr. Ridge explained that the additional fee also covers school rentals and insurance. He pointed out that it has been 10 years since the last registration fee increase. CITIZENS' COMMENTS None CONSENT AGENDA Council members added items 11 and 12 to the consent agenda. 04.43 Motion was made by Rieb, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: ¦ Planning Commission, March 18, 2004 ¦ Lakeville Area Arts Center Board, March 11, 2004 ¦ Economic Development. Commission, March 23, 2004 c. Resolution No, 04-54 establishing a No Parking zone on the west side of Gerdine Path between 175t" Street and 179t" Street. d. Resolution No. 04-55 designating a temporary No Parking zone on the east side of Holyoke Avenue between 202"d Street and 210t" Street on Sunday, April 25, 2004. • CITY OF LAKEVILLE COUNCIL MEETING APRIL S, 2004 Page 3 e. Gambling permit for All Saints Church to conduct a raffle at 19795 Holyoke Avenue on May 9, 2004. f. Joint Powers Agreement between Dakota County, Apple Valley and Lakeville for engineering, highway construction and signal revision, CSAH 46 (160t" Street) and CSAH 31 (Pilot Knob Road), Improvement Project 04-04. g. Final payment and acceptance of improvements for Improvement Projects 01-02, I-35 trunk sanitary sewer jacking, 02-04, Antlers Park storm sewer treatment facility, and 02-05, Oak Shores Park parking lot. h. Resolution No. 04-56 receiving bids and awarding contract for 2004 miscellaneous roadway repairs, Sealcoating District 2A2, Improvement Project 04-01. i. Final payment and acceptance of improvements for 2002 Sealcoating District 7 and miscellaneous roadway repairs, • Improvement Project 02-06. j. Resignation agreement with Police Chief David L. Martens. k. Appoint Carole Shaffer, representing the Lakeville Prime Timers, to the Lakeville Community Center Ad Hoc Committee. I. Agreement with independent contractor Kim Maxwell for recreation program Once Upon A Star. m. Resolution No. 04-57 receiving bids and awarding contract for Prairie Lake Park, Improvement Project 04-03. n. Joint Powers Agreement between Dakota County and the City of Lakeville for household hazardous waste collection.. o. Agreement with independent contractor Jack Majerus, Softball Umpire Coordinator. p. Renewal of farm lease with Pahl Farms, Inc. CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 4 q. Amendment to Site Lease Agreement with APT Minneapolis, Inc. (T-Mobile) allowing them to construct a cellular building on the Fairfield water tower site. r. Resolution No. 04-59 authorizing sale of a building at 19375 Dodd Boulevard. s. Resolution No. 04-60 authorizing the sale of unclaimed property (bicycles). t. Resolution No. 04-61 accepting a donation from the City Administrator. 11. Receive Planning Commission's Findings of Fact and Recommendation and approve a special home occupation permit to allow the operation of a yoga instruction business in asingle-family residence located at 16560 Laigle Avenue. 12. Receive Planning Commission's Findings of Fact and i Recommendation and approve a conditional use permit amendment to allow the construction of an addition to the JFK Elementary School. building. .Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 8 Mayor Johnson opened the public hearing on the certification of delinquent utility accounts. The City Clerk attested to legal notices duly published and mailed. Mr. Feller presented the list of delinquent utility accounts being certified to the County Treasurer/Auditor, which totals $65,058.40. This. amount includes a $25 service charge and 18% interest for the period of April 5, 2004 until December 31, 2005. No interest is charged if the entire amount is paid within 30 days of adoption of the assessment. He explained that the City avoids the loss of revenue through bankruptcy by semi-annually certifying delinquent utility accounts to taxes. There were no questions or comments from the City Council or members of the audience. Y CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 5 i 04.44 Motion was made by Bellows, seconded by Wulff to close public hearing on the certification of delinquent utility accounts. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. 04.45 Motion was made by Luick, seconded by Bellows to approve Resolution No. 04-62 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 9 Mayor Johnson opened the public hearing. on the application of La Galera, Inc. for an on-sale and Sunday liquor license at Teresa's Mexican Restaurant, 20202 Heritage Drive. The City Clerk attested to publication • of the legal notice. Lieutenant Schwartz presented the application and introduced owner Felipe Mata. He explained that background checks were conducted, and the application meets the requirements of State Statute and City ordinance with two exceptions. The on-site manager must be identified and successfully pass the back ground investigation, and a certificate. of liquor liability insurance must be submitted. He stated the Police Department has no objection to the issuance of an on-sale and Sunday liquor license, subject to identification of a qualified on-site manager, receipt of a certificate of liquor liability insurance, and the issuance of a certificate of occupancy for the site. There were no questions or comments from the audience. 04.46 Motion was made by Wulff, seconded by Rieb to close the public hearing on the application of La Galera, Inc. for an on-sale and Sunday liquor license at Teresa's Mexican Restaurant, 20202 Heritage Drive. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 6 04.47 Motion was made by Luick,. seconded by Rieb to grant an on-sale and Sunday .liquor license to La Galera, Inc., d/b/a Teresa's Mexican Restaurant, subject to identification of a qualified on-site manager, receipt of a certificate of liquor liability insurance and the issuance of a certificate of occupancy for the restaurant located at 20202 Heritage brive. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. The City Council agreed to consider Item 15 at this time. ITEM 15 Mr. Erickson recommended the appointment of Steve Strachan, a 17-year veteran of the Lakeville Police Department, as Police Chief for the City of Lakeville, effective immediately. He provided an overview of-the candidate review process for this position, which followed the recent resignation of Police Chief Dave Martens. 04.48 Motion was made by Luick, seconded by Bellows to appoint Steve Strachan as Lakeville Chief of Police. Council members stated they feel Steve Strachan is the most qualified candidate for the position. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. Mayor Johnson administered the oath of office to Chief Strachan. Mr. Strachan indicated that as a current member of the State legislature,. he does not plan to run for re-election next fall ITEM 10 Mac Lafferty, Environmental Resources Coordinator, asked the City Council to consider the 2003 water quality management reports for Lake Marion, Orchard Lake, Valley Lake and Lee Lake. He also asked the Council to consider an agreement for engineering services with Blue Water Science for 2004 water quality projects. S' CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 7 Steve McComas of Blue Water Science provided a detailed overview of the following: ¦ Aquatic Plant Surveys for Lake Marion ¦ Aquatic Plant Surveys for Orchard Lake ¦ Aquatic Plant Surveys for Lee Lake ¦ Using Barley Straw for Algae Control in Lee Lake ¦ Using Barley Straw as a Lake Management Tool in Valley Lake ¦ Using Lake Sediment Fertility to Estimate Eurasian Watermilfoil Nuisance Growth Potential in Lake Marion ¦ Influence of Water Clarity, Milfoil Weevils and Lake Sediment .Fertility on Nuisance Growth of Eurasian Watermilfoil in Lake Marion Council Member Luick recognized the leadership of Mr. Lafferty in dealing with the City's water quality issues, in addition to the role he plays on behalf of the City in the Black Dog and Vermillion River Watershed Management Organizations. Mr. Erickson asked the City Council to consider approval of an agreement with J & N Weed Harvesting to harvest 70 acres of curly leaf pondweed from Orchard Lake. He stated funding for this project is included in the 2004 budget. 04.49 Motion was made by Luick, seconded by Bellows to receive the 2003 water quality management reports prepared by Biue Water Science; approve an agreement with Blue Water Science for 2004 engineering services; and approve an agreement with J & N Weed Harvesting to harvest 70 acres of curly leaf pondweed from Orchard Lake. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 13 Patrick Farrington, President of Merchants Bank National Association, requested Council approval of the preliminary and final plat of Merchants Subdivision. Mr. Dempsey presented the preliminary and final plat of two lots on one block to be known as Merchants Subdivision. He stated the property consists of 4.72 acres and is zoned O-R, Office/Residential Transition y s CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 8 i District. The developer proposes to construct cone-story bank building with. a basement on-lot 1. The outlot will be preliminary and final platted when development is proposed on that parcel The Planning Commission held a public hearing on the preliminary and final plat and recommended approval subject to nine stipulations, including recommended amendments to the landscaping plan to allow for snow storage areas and improved parking lot visibility. Staff recommends approval. Council Member Luick asked if the proposed number of parking spaces would be adequate to accommodate employees and customers. Mr. Dempsey stated the proposed parking meets the zoning ordinance requirements. Mr. Farrington stated he feels parking would be adequate. 04.50 Motion was made by Rieb, seconded by Wulff to approve Resolution No. 04-63 approving the preliminary and final plat of Merchants Subdivision; and approve Resolution No. 04-64 vacating public drainage and utility easements. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 14 Mr. Morey asked the City Council to consider amendments to the zoning and sign ordinances. He explained that the zoning ordinance update review process began in January 2002 and included 14 Planning Commission meetings and work sessions. The City Council approved the first phase of amendments in conjunction with the zoning ordinance update review process in March 2003. He explained that the main component of this final phase of the zoning ordinance amendment involves modification to the attached and detached townhouse performance standards and includes input from the development community. Dan Licht of Northwest Associated Consultants provided an overview of the proposed zoning ordinance changes, particularly with respect to townhouse performance standards. The ordinance also includes some general updates. Mr. Licht explained that the Planning Commission recommended the elimination of the RM-2 and RH-2 zoning districts from the zoning ordinance text, as these two zoning designations have not been used and currently do .not exist on the zoning map. The Planning V CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 9 .Commission held a public hearing on the proposed zoning and sign ordinance amendments and unanimously recommended approval. Mr. Morey thanked Mr. Licht, Northwest Associated Consultants, and the Planning Commission for their significant time and effort in bringing forth these recommendations to the City Council. With the adoption of the proposed zoning and sign ordinance amendments, the City Council is also being asked to lift the current moratorium on residential subdivisions (townhouse standards), which was established by the City Council on April 15, 2002. Mayor Johnson asked if there were any comments from the development community with respect to the proposed amendments. Mr. Morey stated the developers were invited to the Planning Commission work sessions, and the Planning Commission did consider all comments and suggestions from the townhouse development community. 04.51 Motion was made by Wulff, seconded by Rieb to adopt the following with respect to Phase 2 of the zoning/sign ordinance update: ¦ Ordinance No. 762 amending Title 11 (zoning ordinance) of the Lakeville City Code and the Lakeville Zoning Map; ¦ Ordinance No. 763 amending Title 9-3-5.A.8 (sign ordinance) of the Lakeville City Code; ¦ Ordinance No. 764 repealing an interim ordinance that temporarily prohibited approval of certain residential development Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEM 16 04.52 Motion was made by Rieb, seconded by Luick to appoint Joe Blee as an alternate member of the Planning Commission for the remainder of a one- year term expiring on December 31, 2004. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. Y CITY OF LAKEVILLE COUNCIL MEETING APRIL 5, 2004 Page 10 ITEM 17 04.53 Motion was made by .Bellows, seconded by Wulff to hold a Council work session on Monday, April 12, at 5:00 p.m. and on Monday, April 26, at 4:00 p.m. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. UNFINISHED BUSINESS None NEW BUSINESS None .ANNOUNCEMENTS Next regular Council meeting, April 19, 2004 Mayor Johnson adjourned the meeting at 8:58 p.m. Respectfully submitted, Charlene Friedges, Ci lerk Robert D. Joh n, Mayor