The URL can be used to link to this page

Home My WebLink About06-03-02r' ~r CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 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 call was taken. Present: Council Members Bellows,. Rieb, Luick anal Mayor Johnson. Absent: Council Member Mulvihill. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Olson, Community. & Economic Development Director;. D. Morey, Planning Director; D. Volk, Director of Operations & Maintenance; ]. Hennen, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the May 20, 2002, City Council meeting were approved as presented. SPOTLIGHt ON BUSINESS On behalf of the Economic Development Commission, Tom Smith introduced Tim Peterson, owner of Snyder Drug, and Dan Shimek, President of .Hearth Technologies. STAFF ANNOUNCEMENTS ATTORNEY: None .:ENGINEER: Mr. Nelson .reported various erosion control problems that are being addressed by the Engineering Department as a result of heavy rainfall over the weekend. Mr-. Nelson also announced that Dakota County received favorable bids. for the County Road 60 interchange project. The County ,~ • + F~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 2 • Board is expected to award the contract to Valley Paving at its June 4t" meeting, ADMINISTRATOR:. Mr. Erickson provided copies of an easement agreement with Thomas and Mary Siebenaler for Ipava Avenue, consent agenda item 8j. DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the May monthly report of the Operations Maintenance Department. PRESENTATIONS/INTRODUCTIONS Kathy North, Community Affairs Director for Alcorn Beverage Company, .presented a check. in the amount of $8,000to Panorama of Progress President Chip Norkunas and Mayor Bob Johnson. She explained that this donation helps fund various Pan-O-Prog events, such as the July 4t" fireworks, youth play day, teen party and talent show. Chi Norkunas rovided hi hli hts of the 2002 Pan-O-Pro p p 9 9 9 .activities, scheduled for June 29 through July 7, 2002. Mr. Norkunas presented aPan-O-Prog button to each Council member. This year's them is, "Lakeville Pan-O-Prog Celebrates Freedom". City Engineer Keith Nelson introduced Dianne Quinnell, .Engineering Department Secretary. Building Official Gene Abbott.introduced Dale Chard, Building Inspector/Plan Reviewer. Mr. Erickson recognized several employees who received awards on behalf of the City of Lakeville from the Minnesota Association of Government Communicators (MAGC) in the annual Northern Lights awards competition.. Those receiving awards. were Jim Schiffman, Video Producer; Chris Vogt, Assistant. Producer; Patrol Officer Rick Bussler; Danny Barth, Information Systems Manager; Tony Strong, Information Systems Technician; and Sue Palm, Public Information Specialist/Webmaster. CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 3 CITIZENS' COMMENTS None CONSENT AGENDA 02.65 Motion was made by Bellows, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Park, Recreation & Natural Resources Committee, May 15, 2002. Planning Commission, May 16, 2002 c. .Resolution. No. 02-115 accepting donation from Ladies Auxiliary to VFW Post #210 to the Police Department DARE Program. d. Resolution No. 02-116 acce tin donation from the Mark p 9 and Barbara Soderlund family to the Police Department Canine Program. e. Resolution No. 02-117 accepting donation from the Tom Litke family to the Police Department Canine Program. f. Resolution No. 02-118 authorizing the use of certain parks, .the Senior Center and the Lakeville Area Arts Center for the 2002 Panorama of Progress City Celebration. g. Resolution No. 02-119 authorizing temporary closing of City streets for Pan-O-Prog events. h. City of Lakeville Adopt a Pond Stewardship Program. i. Three year extension of a special home occupation permit to operate a hair salon business at 18040 Cedar Avenue.. j. Grant of Permanent Easement and Temporary Construction Easement with. the following property owners for Ipava Avenue, Improvement Project 01-10: Rumel & Bernadette CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 4 Panaligan; ISD 194; Joseph Miller; Thomas & Mary Siebenaler; Kyle & Nadene Beadle; and Robert & Amy Dayermond. .Roll call was taken on the motion. Ayes, Bellows, Johnson,... Rieb, Luick. ITEM 9 Everett Wright of Wright Homes, Inc. requested Council approval of the preliminary plat of 180 attached townhome units and the final plat of 70 attached townhome units to be known as Mallard Shores. Mallard Shores is located on approximately 40 acres of land in the northeast quadrant of Pilot Knob Road and 170t" Street. Mr. Morey explained .that the preliminary and final plat of Mallard Shores is proposed to be developed in three phases. The first phase includes 70 attached townhome units west. of Embers Avenue. The second phase will include 50 attached townhome units in the northeasterly portion of the development. The third and final phase will include 60 attached townhome units in the southeasterly portion of the development. This .development will fulfill the City's obligations under a mediated settlement agreement with Leo and Sharon Tutewohl. Following approval of the final plat, a 40-acre parcel directly north of the Mallard Shores development will be deeded to the City of Lakeville for use as the northeast community park. In conjunction with the preliminary plat, the developer is requesting a rezoning of the subject property from RS-3, Single-Family Residential District, to Planned Unit Development. The rezoning to PUD, he explained, allows for the previous R-6 district zoning standards to be applied, consistent with the mediated settlement agreement. This rezoning is consistent with a comprehensive land use plan amendment that was approved by the Metropolitan Council earlier this year, which re-guides this property and the 40 acres to the north as medium density residential and park, respectively. These actions bring to conclusion the requirements of the mediated settlement agreement between CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 5 the City of Lakeville, the City of Apple Valley and -the underlying property owners, Leo and Sharon Tutewohl. The mediated settlement agreement addressed easements for storm water and sanitary sewer improvements, development credits and the acquisition of the City park property. The Mallard Shores preliminary and final plat plans have been reviewed by planning and engineering staff, the Parks, Recreation and Natural Resources Committee,. Planning Commission and the Dakota County Plat Commission. .The Planning Commission recommended additional landscaping adjacent to the townhouse buildings on Lots 9 and 11, Block 1, and Lots 36 and 37, Block 2, to screen these buildings from vehicle headlights and the reduction of Embers Avenue right- of-way to 60 feet, with a corresponding six-foot shift to the east of the townhomes and private drives along Pilot .Knob Road to allow a continuous landscape berm. Mr. Morey stated the developer has submitted a signed development contract,. planned unit development agreement, letter of intent from Premier Bank to issue a letter of credit for security to the development contract, cash payment for future upgrade of 170t" Street, a signed warranty deed for Outlots A and B .and the required certificate of insurance. Staff recommends approval. Mayor Johnson asked if the topography of the land requires a considerable amount of grading. Mr. Wright stated they are within just a few inches of .the final grade. In response to Mayor Johnson's question, Mr. Morey stated the City would be purchasing 40 acres for what is known as the Northeast Community Park. The City will receive a grant from the Minnesota DNR to assist with the purchase of the park property. Mr. Erickson explained that the City entered into a planned .unit development agreement approximately 20 years ago with the Nordic Square gravel mining operation and identified land at that time for a future community .park. • CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 6 02.66 Motion was made by Luick, seconded by Rieb to receive the. Planning Commission's Findings of Fact and Recommendation and approve the following for Mallard Shores: a. Ordinance No. 713 rezoning approximately 40 acres of land from RS-3, Single-Family Residential District, to PUD, Planned Unit Development; b. Preliminary plat of 60 lots on 2 blocks and 2 outlots (180 attached townhome units) c. Resolution No. 02-120 approving a Comprehensive Plan amendment reguiding property from Low Density Residential to Park and Medium Density Residential and amending the MUSA boundary; d. Resolution No. 02-121 approving the preliminary and final .plat. of Mallard Shores (70 attached townhome units) and a Planned Unit Development Agreement. Roll call was taken on the motion.. Ayes, Johnson, Rieb, Luick, Bellows. ITEM 10 Mr. Michaud presented an ordinance amending Title 7, Chapters 2 and 12, of the Lakeville City Code concerning water surface management. He explained that the Dakota County Sheriff's`Department has. recommended that the words power craft and powerboat be changed to watercraft, thus covering all motorized watercraft, including jet skis. The ordinance also changes the time restrictions for towing a person on water skis or a similar device, (from. sunset until sunrise), which is consistent with State Statute. In addition, the. ordinance. establishes. maximum speed limits on Lake Marion and Orchard Lake. Mr. Michaud emphasized that safety is the main reason for surface water zoning. 02.67 Motion was made by Bellows, seconded by Rieb to adopt Ordinance No. 714 amending Title 7, Chapters 2 and. 12 of the Lakeville City Code concerning water surface management. CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 7 Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson. ITEM 11 Fire Chief Danny Barth presented a proposed ordinance amending Title 3 of the Lakeville City Code concerning the sale of fireworks. He explained that the ordinance was prepared in response to recent legislative action, which changed the classification (definition) of certain types of display type fireworks. These fireworks may be sold upon issuance of a license by the City. Licensing the sale of these fireworks enables the Fire Department to locate the areas where they are sold and stored. This is important from a firefighter and public safety standpoint. The City Attorney pointed out that individuals must be at least 18 years of age. and must show a photo identification to purchase these fireworks.- This license process wi11 help ensure that those regulations are followed. Mr. Erickson stated the Council is also being asked to approve a resolution establishing a $SO license fee, which will help offset the cost of processing the license and visiting the site.. Council Member Luick suggested that. wording in Section 3-20- 5E be changed from "must be allowed by the Zoning Ordinance" to `must comply with all zoning ordinance requirements including signs". Council Member Rieb asked how the business community would be informed. Mr. Erickson stated the Chamber is being asked to send out a bulletin with. respect to this matter. An article will .also be included in the City's Messages page. 02.68 Motion was made by Luick, seconded by Rieb to adopt Ordinance No. 715 amending Title 3 of the Lakeville City Code concerning- the, sale of fireworks, with the changes to Section 3- 20-5E as recommended by Council Member Luick. . Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Rieb. CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 8 02.69 Motion was made by Luick, seconded by Rieb to approve Resolution No. 02-122 amending the 2002 Schedule of Fees to include a $50 license fee for the sale of fireworks. Roll call was taken on the motion. Ayes, Bellows, Johnson, Rieb, Luick. ITEM 12 Mr. Erickson asked the City Council to consider setting a special Council meeting, or continuing this meeting to a later date, for the purpose of receiving bids and awarding a contract for sealcoating. He explained that bids will be received on Tuesday, June 4t", at 2:00 p.m. By expediting the award of this contract, the work can begin immediately. The alternative would be to award the bid on June 17t" 02.70 Motion. was made by Luick, seconded by Bellows to continue . the June 3rd Gity Council meeting on Wednesday, June 5t", at 4:45 p.m. for the purpose of receiving bids and awarding a .contract. for Improvement Project 02-06, sealcoating and miscellaneous pavement repairs. Rolle call was taken. on the motion. Ayes, Johnson, Rieb, Luick,- Bellows. UNFINISHED BUSINESS None The Council meeting was recessed at 8:30 p.m. to continue at 4:45 p.m. on Wednesday, June 5, 2002. WEDNESDAY, JUNE S, 2002 Acting Mayor Mulvihill reconvened the June 3rd City Council meeting at 4:45 p.m. Present: Council Members Luick, Bellows and Mulvihill. Absent: Mayor Johnson and Council Member Rieb. Also present:- B. Erickson, City Administrator; • K. Nelson, :City Engineer; C. Friedges, City Clerk. CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 2002 PAGE 9 NEW BUSINESS City Engineer Keith Nelson presented the bids for Improvement Project 02-06, District 7 sealcoating and miscellaneous roadway repairs. The City received three bids on Tuesday, June 4t". Valley Paving, Inc. submitted the low bid in the amount of $240,640.53, which includes Bid Alternate #1 for placement of shoulder. material as recommended by the Director of Operations and Maintenance and the Street Superintendent. Mr. Nelson recommended award of contract to Valley Paving, Ine. 02.71 Motion was made by Luick, seconded by Bellows to approve Resolution No. 02-123 receiving bids and awarding contract for 2002 sealcoating and miscellaneous roadway repairs in District 7, Improvement Project 02-06. Roll call was taken on the motion.. Ayes, Bellows, .Mulvihill,.. Luick. ANNOUNCEMENTS Next re ular Council meetin June 17 9 9 2002 Acting Mayor. Mulvihill adjourned the meeting at 4.:55 p.m. on Wednesday, June 5, 2002. Respectfully submitted, e Friedges Clerk 9 -. Robert D. Jo son, Mayon a ~~ ~ ' Lyn to Mulvihill, Acting Mayor