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Home My WebLink About10-20-03• CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 A comp/ete video tape of the City Council proceedings is retained for one year Mayor Johnson called the meeting to order at 7:00 p.m. Boy Scout Troop 263 presented the colors. 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. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; D. Olson,. Community & Economic Development Director; D. Feller, Finance Director; D. Martens, Chief of Police; D. Morey, Planning Director; D. Volk, Director of Operations & Maintenance;. B. Anderson, Assistant to City Administrator; C. Friedges, • City Clerk. MINUTES The minutes of the October 6, 2003 City Council meeting and the September 29, 2003 joint City Council/ISD 194 work session were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Robert Brantly presented information on Boise Building Solutions and introduced Branch Manager Bill Black. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson asked the City Council to consider, under New Business, revisions to the Cole/King purchase agreements. ENGINEER: None • ADMINISTRATOR: None CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 Page 2 PARKS & RECREATION DIRECTOR: Mr. Michaud presented the September monthly report of the Parks & Recreation Department. POLICE CHIEF: Chief Martens presented the September Police Department monthly report. . PRESENTATIONS/INTRODUCTIONS Chief Martens presented the Police Chief's Awards of Merit to seven citizens who have done extraordinary things in the name of public safety over the past year. They are Kenneth Koenig, Charles F. Ginsky, MacKensie Marie Strusz, John M. Barry, Gary Lukkes, Aaron Stahosky and Chase A. Hedberg. CITIZENS' COMMENTS None CONSENT AGENDA 03.119.. Motion was made by Bellows, seconded by Luick to approve the consent • agenda items as follows: a. Claims for payment. b. September Investment Report. c. Receive minutes of the following advisory committee meetings: • Planning Commission, October 2, 2003 •3 Lakeville. Area Arts Center Board, October 2, 2003 d. Resolution No. 03-190 authorizing the sale of confiscated firearms. e. Ordinance No. 746 amending Title 8 of the Lakeville City Code to adopt the Minnesota. Fire Code. f. Resolution No. 03-191 accepting donation from the. Lakeville Women of Today to the Police Department Canine Program. g. Resolution No. 03-192 accepting donation from the United States Police Canine Association #o the Police Department Canine Program. C~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 Page 3 h. Resolution No. 03-193 accepting donation from J.C. Penney Company Fund, Inc. to the Police Reserve Program. i. Dakota County Drug Task Force 2004 Joint Powers Agreement. j. Resolution No. 03-194 approving amendment to the Employee Insurance Policy -Long Term Disability Coverage, and approving the Fortis Long Term Disability Policy. k. Resolution No. 03-195 approving amendment to the continuation of insurance at the time of unpaid leave .policy (COBRA). I. Resolution No. 03-196 granting approval to the Lakeville Lions Club for charitable gambling at Babe's Sportsbar & Grill. m. Final acceptance of public utility and street improvements, Lynwood Heights. n. Resolution No. 03-197 approving plans and specifications and setting a bid date for the construction of Well No. 17, Improvement Project 03-11. o. Agreement with. Lakeville Sno Trackers Snowmobile Club for cross- country ski trail grooming at Ritter Farm Park for the 2003-2004 - snow season. p. Change Order No. 1 for Klamath Trail Phase III, Improvement Project 01-09. q. Resolution No. 03-198 vacating a boundary drainage and utility easement located north of 172nd Street, south of 171st Street, east of Jackpine Trail and west of Isleton Avenue. r: Resolution No. 03-199 approving the final plat of Lake Place 3ra Addition. s. Resolution No. 03-200 approving amendment to Employee Safety Manual, AWAIR Program and Process Safety Management Plan. t. Cooperative Agreement for Dakota County Community- . Development Block Grant Program. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 Page 4 u. Rental Agreement with Ziegler, Inc. for a winter .snow removal motor. grader. v. .Rental Agreement with St. Joseph's Equipment for a winter salt/sand loader. w. Resolution No~ 03-201 calling public hearing on proposed assessments for weed and grass removal. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 9 Gary Janisch, H.J. Development LLP, requested Council approval of an amendment to the commercial portion of the Crossroads Planned Unit Development. John Pope, architect. for H.J. Development, presented the proposed site plan and revised uses on Lots 5 and 6, along with minor modifications to the building pad and .parking area on Lot 2. • Mr. Morey presented the .proposed amendment to the development stage plan of the commercial portion of the Crossroads Planned Unit Development. The Crossroads development is located east of Cedar Avenue, south of Dodd Boulevard and north of 179th Street. The revised development stage plans: 1) change the tenants proposed on Lots 5 and 6 from a fast food restaurant and day care to a sit down restaurant and multiple tenant retail building, respectively; 2) revised the allowed restaurant tenant square footage for Lots 1, 2, S, 6 and 7; and 3) ,slightly modify the parking lot design and driveway circulation between uses on Lots 1-6. Mr. Morey stated the planning report recommends approval subject to nine stipulations, which have been incorporated into Paragraph 3 of the PUD amendment agreement. The Planning Commission held a public hearing on the proposed PUD amendment and unanimously recommended approval. Staff recommends approval ..03.120 Motion was made by Bellows, seconded by Rieb to receiue the Planning Commission's Findings of Fact and Recommendation and approve an Amended Planned Unit Development Agreement for Crossroads 1St Addition. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 Page S .Roll. call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 10 Bob Wachholz of Tradition Development, LLC, requested Council approval of an amendment to the Nordic Square Planned Unit Development to allow the establishment and operation of a state-of-the- art asphalt plant in the southeast corner of the Nordic Square site. Mr. Morey explained that the asphalt plant,. which is located south of CSAH 46 (160th Street) and east of Pilot Knob Road, .will be operated by McNamara Contracting, .Inc. beginning in May of 2004. McNamara Contracting will close their existing asphalt plant located in Apple Valley north of CSAH 46. This new asphaltplant will incorporate state-of-the- art technology that will reduce noise and emissions related to the asphalt production. Tradition Development has agreed to remove the asphalt plant by December 31, 2008. In addition, Tradition Development has agreed to construct the following improvements as part of the PUD amendment: 1) The driveway accessing the asphalt plant off of CSAH 46 at Diamond Path will be paved; 2) Turn lanes will be installed on CSAH 46 at the access drive; and 3) The existing berm on the south side of CSAH 46 wi// be extended east to the access drive. The developer has submitted a $70,000 letter of credit to guarantee the above improvements, as well as removal of the asphalt plant by December 31, 2008. The Planning Commission held a public hearing, and there was no public comment at the hearing.. Staff recommends approval 03.121 Motion was made by Wulff, seconded by Rieb to approve an Amendment to the Nordic Square Planned Unit Development Agreement. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEMS 11-12 Mr. Volk presented a proposed ordinance amending Title. 7, Chapter 5 of the Lakeville City Code concerning emergency regulations, conservation CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 Page 6 and adoption of a policy for enforcement of annual water use restrictions. He explained that recent completion of Well 16 required that the City submit a request to the Minnesota DNR to amend its water. appropriation permit and request an increase in its annual appropriation, based on population growth. He explained that the DNR established certain requirements that must be met before it would consider an amended appropriation permit. The City has complied with two requirements: 1) To conduct an inventory of domestic wells within a 1 ~/2 -mile radius of Well 16; and 2) To install three observation wells to monitor groundwater levels and establish a groundwater monitoring program. The remaining two requirements, (an ordinance concerning water use restrictions and a policy for prevention and resolution of private well interference), are before the City Council for approval this evening. The proposed ordinance establishes odd/even and time of day watering restrictions. If approved, it would become effective January 1, 2004. The ordinance includes no watering between the hours of 11 a.m. and 5 p.m. daily. Homeowners' associations and apartment complexes that provide a common irrigation system may water only every other day. An odd-even sprinkling restriction based on street addresses would also be in effect from May 1 to September 30 each year. These requirements would not apply to limited hand watering of plants, watering of new landscaping, sod. or seed within 30 days of installation, or watering from a source other than the City's water supply. Mr. Volk explained that the purpose of the policy for prevention and resolution of private well interference is to define the roles and responsibilities of the City of Lakeville in preventing, responding to and resolving interruptions to water delivery that may be caused by well interference. The policy also defines the responsibilities of the well. owner, the means to resolve well interference, and the roles of the City and the DNR to the private well owner. Mr. Volk explained that as a result of lengthy negotiations with the DNR, the City achieved an increase in daily watering use from 17 million gallons per day to 21.9 million gallons per day. The DNR also conceded to allow the City of Lakeville an annual appropriation of 2.6 billion. gallons. Mayor Johnson thanked the City staff, council. members. and representatives of the DNR for negotiating the terms of the CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20; 2003 Page 7 appropriation permit and arriving at an agreement that meets the expectations of the City Council, the DNR and the citizens of Lakeville. 03.122 Motion was made by Luick, seconded by Wulffto adopt Ordinance No. 747 amending Title 7, Chapter 5 of the Lakeville City Code concerning .emergency regulations and conservation; and adopt a Policy .for Prevention and Resolution of Private Well Interference. Roll call was taken on the motion. Ayes, .Rieb, Luick, Bellows, Johnson, Wulff. Council members directed the Mayor to send a letter to DNR Commissioner Gene Merriam thanking his staff for their cooperation with the City of Lakeville on this matter. ITEM 13 03.123 Motion was made by Wulff, seconded by Rieb to hold a Council work session on Monday, November 24, 2003 at 5:00 p.m. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. NEW BUSINESS Mr. Knutson requested Council approval of amendments to the Real :Estate Purchase Agreement with Claudette E. Cole and John A. Cole and the Real Estate Purchase Agreement with Rodney .King, Warren King, Ronda`King, Claudette E. Cole and-John A. Cole. 03.124 Motion was made by Rieb, seconded by Wulff to approve amendments to the Reai Estate Purchase Agreement with Claudette E. Cole and John A. Cole and the Real Estate Purchase Agreement with Rodney King, Warren King, Ronda King, Claudette E. Cole and John A. Cole. Roll calf was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb,. Luick. ANNOUNCEMENTS Next regular Council meeting, November 3, 2003 Council work session, October 27, 2003 • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 20, 2003 Page 8 Mayor Johnson adjourned the meeting at 8:05 p.m. Respectfully submitted, Charlene Friedges, City erk ,~ ~~ Robert D. John ,Mayor f... r~