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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
A complete video tape of the City Council proceedings
is retained for one year.
Mayor Johnson called the meeting to order at 7:00 p.m. The
pledge of allegiance to the flag was given.
Roll calf was taken. Present: Council Members Bellows,
Mulvihill,. Rieb, Luick and Mayor Johnson.
Also present: R. Knutson, City Attorney; B. Erickson, City
Administrator; K. Nelson, City Engineer; D. Feller, Finance
Director; S. Michaud, Parks & Recreation Director; D. Oison,
Community & Economic Development Director; D. Morey,
Planning Director; R. Mullenbach, Associate Planner; D. Volk,
Director of Operations & Maintenance; J. Hennen, Assistant to
City Administrator; C. Friedges, City Clerk.
MINUTES
The minutes of the July 15, 2002, City Council meeting and the
June 26, 2002 Council work session were approved as
presented.
SPOTLIGHT ON BUSINESS
Economic Development Commission member Jeannie Schubert
introduced Ken Owen, CEO` of Di-Hed Yokes (DHY) Corporation.
STAFF ANNOUNCEMENTS
ATTORNEY: None
.ENGINEER: None
ADMINISTRATOR: Mr. Erickson presented a proposed letter to
Metropolitan Council Chair Ted Mondale regarding a Request for
Proposals for an Elko-New Market Interceptor. He asked the
• Council to consider this matter under Unfinished Bu iness.
:CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
a PAGE 2
DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk
presented the July monthly report. of the Operations.
Maintenance Department.
POLICE CHIEF: Chief Martens presented the July Police
Department monthly report.' Officer. Bussler provided an
overview of the Police Department's traffic .enforcement
program.
PRESENTATIONS/INTRODUCTIONS
Chief Martens asked the City Council to proclaim August 6,
2002, as "Nations( Night Out" in Lakeville. Council. Member
Bellows read the proclamation. Jim Jensen, a Lakeville resident
and former Lakeville police officer, accepted the proclamation
on behalf of the many neighborhoods throughout Lakeville that
will be hosting "National Night Out" events..
CITIZENS' COMMENTS None
CONSENT AGENDA
Council members added Item 11 to the consent agenda.
02..90 Motion was made by Luick, seconded by Rieb to approve the
consent agenda items as follows:
a. Claims for payment.
b. Receive minutes of the following advisory committee
meetings:
- Lakeville Area Arts Center Board, July 11, 2002
- Parks, Recreation & Natural Resources Committee,
July 17, 2002
- Planning Commission, July 18, 2002
c. Subordination Agreement with New Morning Windows.
d. Special Assessment Agreement with Jacob and Vicki Sells,.
7926 - 210t" Street West.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
PAGE 3
e. Resolutions No. 02-149 and OZ-150 accepting donations
.from Lutheran Brotherhood and the Hazel Luedke
memorial for the benefit of the Lakeville Senior Center.
f. Tree service operator license for Valley Tree Service, Inc.
g. Agreement with Dakota Valley Symphony fora four-
concert fall season at the Lakeville Area Arts Center.
h. Agreements with Monroe Crossing for performances at the
Lakeville Area Arts Center.
i. -Farm lease between the City of Lakeville and Pahl Farms,
Inc.
j. Resolution No. 02-151 calling a public hearing on the'
certification of .delinquent utility accounts.
• k. .Fire Relief Minimum Municipal Contribution Certification.
I. Resolution No. 02-152 approving application for
Conveyance of Tax Forfeited. Land Parcel 22-48200-010-
00.
m. Grant application to the Xcel Energy Foundation to assist
with funding the 2002 and 2003 Lakeville Area Arts Center
Fall Concert Series.
n. Resolution No. 02-153 approving Minneapolis Police
Department 2002 IACP Conference Aid Agreement.
o. Resolution No. 02-1.54 accepting donation from the
Minnesota Department of Public Safety to the Police
Department.
p. .Resolution No. 02-155 authorizing execution of agreement
with the Minnesota Department of Public Safety, Officer of
Traffic Safety, for the ~~Safe & Sober Communities".
q. Accept resignation of Thomas P. Michaud Jr. from the
Planning Commission.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
PAGE 4
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r. Resolution No. 02-156 accepting donation of an electronic
message board. sign from Wells Fargo to the City of
Lakeville.
s. Resolution No. 02-157 authorizing stop sign placement at
202nd Street and Ipava Avenue.
t. Resolution No. 02-158 authorizing preparation of plans and
specifications for Prairie Lake Lift Station, Improvement
Project 02-13.
u. Authorize execution of Letter of Understanding with the
League of Minnesota Cities for the NPDES Phase 2 storm
water guide plan.
v. Special. home occupation permit to allow the operation of a
hair salon at 9286 - 178th Street West.
w. Ordinance No. 718 amending Title 11 of the Lakeville City
Code concerning pawn shops in the C-CBD, Central
Business District Area -Commercial District.
x. Resolution No. 02-159 appointing election judges for the
September i0, 2002 State Primary Election.
y. Receive application of Target Corporation fora 3.2% malt
liquor license at Target Store T-1484, located at 18275
Kenrick Avenue, and call a public hearing to be held on
September 3, 2002.
z. Joint Powers Agreement Amendment with ALF Ambulance:
11. Resolution No. 02-1.61 approving the final plat of
Greenway 2"d Addition.
Roll call was taken on the motion. Ayes, Bellows, Johnson,
...Mulvihill,.. Rieb, Luick.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
PAGE S
ITEM 9
Everett Wright of Wright Homes requested Council approval of
the .preliminary and final plat of Baileys Meadow.
Associate Planner Ron Mullenbach presented the preliminary..
and final plat of Baileys Meadow, which consists of 15 single-
family lots on 9.30 acres of land .located south of Dodd
Boulevard and east of Flagstaff Avenue. The property is zoned
RS-2, Single-Family Residential District. He explained that
Baileys Meadow will provide for the connection of Firestone
Path and Fieldcrest Avenue between the two established
neighborhoods of Kilkenny Pond and Dodd Valley Estates. Mr.
Mullenbach noted that there are more than 200 significant
trees on this property,. and 76% of these trees are proposed to
be saved with this development. The Planning Commission
held a public hearing on the proposed preliminary and final plat
and recommended approval subject to 10 stipulations as listed
in the planning report. Mr. Mullenbach stated he received a
phone call last week from an adjacent property owner ,
regarding a shared lot line on the west side of Lot 5, Block 3.
The property owner has agreed to discuss with Wright Homes
the possibility of an .equivalent land swap to make a 90-degree
angle with Firestone .Path... If negotiations are successful, the
developer would need to preliminary/final plat those. two lots at
a future date. Staff recommends approval.
02.91 Motion was made by Luick, seconded by Mulvihill to approve.
Resolution No. 02-160 approving the preliminary and final plat
of Baileys Meadow.
Roll call was taken on the motion. Ayes,. Johnson, Mulvihill,
Rieb, Luick, Bellows.
ITEM 10
David Phillips, representing Belzer Chevrolet,. requested Council
approval of a conditional use permit amendment to allow the
expansion of an existing motor vehicle sales use and
impervious surface coverage greater than 25%.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, .2002
PAGE 6
Mr. Muilenbach presented the proposed conditional use. permit
amendment to allow the addition of approximately 67,000
square feet of auto dealership at Belzer Chevrolet, located in
the southeast quadrant of Cedar Avenue and County Road 50.
The subject property, he explained, consists of three existing
metes. and bounds parcels, which are proposed to be combined
and administratively subdivided into a total of two parcels.. The
project includes the addition of approximately 400 vehicle
display stalls, and the construction of an infiltration basin along
the southerly portion of the two parcels to treat storm water
runoff from both the existing and proposed parcels. These
improvements will benefit South Creek, as the subject property
lies within the Shoreland Overlay District for South Creek,
which is a DNR-designated trout stream. The Planning
Commission held a public hearing on the. proposed conditional
use permit amendment and unanimously recommended
approval subject to the stipulations contained in the July 12tH
planning report, with modifications to two stipulations and the
addition of four stipulations. A permanent drainage and utility
easement, which must be placed over the infiltration basin,. is
being reviewed by the City Attorney's office. Staff
recommends approval of the conditional use permit
amendment subject to approval of the permanent drainage and
utility easement by the City Attorney.
Council Member Luick asked about zoning on the south: side of
the property, and whether there are any :concerns with future
public access to the pond. Mr. Mullenbach stated there is a
300-foot wide City-owned outlot immediately south of the
pond. To the south of that lies .additional industrial-zoned
property.
02.92 Motion was made by Rieb, seconded by Luick to receive the
Planning Commission's Findings of Fact and Recommendation
and approve a conditional use permit amendment to allow the
expansion of an existing motor vehicle sales use and
impervious surface. coverage greater than twenty-five percent
at Belzer Chevrolet, 21111. Cedar Avenue, subject to review
and approval of a permanent drainage and utility easement. by
the City Attorney.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
PAGE 7
Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick,
Bellows, Johnson..
ITEM 12
Mr. Olson presented an Environmental Assessment Worksheet
for the Crossroads mixed use development. He explained. that
the development plan for which the EAW was prepared is
consistent with the sketch plan approved by the City Council on
.:June 17, 2002. Mr. Olson recommended the City Council
receive the document and authorize its distribution consistent
with Minnesota State. Statutes and the Environmental Quality
Board (EQB) Rules.
02.93 Motion was made by Mulvihill, seconded by Rieb to receive the
Crossroads EAW and authorize distribution.
Roll call .was taken on the motion. Ayes, Rieb, Luick, Bellows,
Johnson, Mulvihill.
• ITEM 13
02.94 Motion was made by Rieb, seconded by Mulvihill to appoint Paul
Ruevers to the Planning Commission for the remainder of a
three-.year term expiring on 12/31/02; and extend the term of
Gerald Grenz to expire on 12/31/04.
Roll call was taken on the motion. Ayes, Luick, Bellows,
Johnson, Mulvihill, Rieb.
ITEM 14
02.95 Motion was made by Bellows, seconded by Luick to set a
Council work session to be held on August 12, 2002, at 5:00
p.m.
Roll call was taken on the motion. Ayes, Bellows, Johnson,
Mulvihill, Rieb, Luick.
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
PAGE 8
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UNFINISHED BUSINESS.
Mr. Erickson presented for the Council's consideration a
resolution rescinding approval of the Vermillion River Storm
Water Management Memorandum of Understanding. He
explained that City staff recently learned of a Request for
Proposals for an Elko-New Market Interceptor when contacted
by consultants who were responding to an RFP by the
Metropolitan Council. It was subsequently discovered that
Scott County officials have been working with Metropolitan
Council officials on planning. and engineering services involving.
the pursuit of a "new strategy" as part of ~~Blueprint 2030".
.Issues of concern to the City of Lakeville include the impact of
the interceptor extension and its timing on School District 194's
operating needs and facility capacity. (The School District
relied on the 2020 Regional Blueprint.) Also, additional
households. and employment forecasts as a result of this
interceptor extension have not been identified. through 2.030.
Flows from the Elko-New Market service area could. significantly
• restrict flow allocations .for all of the entities served by the
Empire Treatment Plant.
Mr. Erickson went on to explain that the cities of Lakeville and
Farmington pursued an interceptor extension to serve western
portions. of Farmington and eastern. portions of Lakeville to
provide gravity flow. service to these infill growth areas. As a
result of the Metropolitan Council's denial of a request for an
additional Metropolitan Wastewater Interceptor to serve the
City of Lakeville, the City was forced to place 1,100 acres
adjacent to the Cedar Avenue transportation corridor in an
.urban reserve in its 2020 Comprehensive Plan.
The proposed Elko-New Market interceptor, Mr. Erickson
explained, is not. consistent. with the 2020 Regional Blueprint
and appears to utilize the outcome from the RFP as establishing
policies for the unadopted 2030 (Subregional and Regional)
Blueprint. Staff recommends the City Council approve the
resolution .rescinding approval of the Vermillion River Storm
Water Management Memorandum of Understanding and
authorize the Mayor to forward the resolution to Ted Mondale,
Metropolitan Council Chair.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 5, 2002
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02.96 Motion was made by Mulvihill, seconded by Luick to approve
Resolution No. 02-162 rescinding approval of the Vermillion
River Storm Water Management Memorandum of
Understanding.
Roll call was taken on the motion. Ayes, Johnson, Mulvihill,
Rieb, Luick, Bellows.
02.97 Motion was made by Mulvihill, seconded by Rieb to authorize
the Mayor's signature on a letter to Metropolitan Council Chair
.Ted Mondale regarding the City Council's decision to rescind
approval of the Vermillion River Storm Water Management
Memorandum of Understanding as a result of the proposed
Elko-New Market Interceptor.
Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick,.
Bellows, Johnson.
NEW .BUSINESS None
ANNOUNCEMENTS Next re ular Council meetin Au ust 19
9 9, 9 ,
2002
Mayor Johnson adjourned the meeting at 8:52 p.m.
.Respectfully submitted,
Y! /. _ f
Charlene Friedges, Clerk
Robert D. Joh on, Mayor
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