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HomeMy WebLinkAbout08-06-01~ .. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001 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, Mulvihill, Rieb, Luick and Mayor Johnson. .Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; A. trussing, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; D. Morey, Assistant Community Development Director; J. Hennen, Assistant to .City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the July 16, 2001 City Council meeting, July 16, 2001 Council work session and the July 30, 2001 special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson presented an Addendum to Development Contract with CRW Lakeville, LLC, as requested by the developer, HOM .Furniture. The City. Council will consider this item under New Business. ENGINEER: Mr. Nelson stated an error was found in Change Order No. 1 with Ideal Paving Company, consent agenda item 7e. The amount of the change order should be $88,459.00. The contractor has signed the revised change order. ADMINISTRATOR: Mr. Erickson stated staff recommends tabling consent agenda item 7j to allow additional time to review soil conditions. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001 PAGE 2 i DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the July monthly report of the Operations & Maintenance Department.. Mr. Volk thanked Lakeville residents and business for taking steps to conserve water during the July drought period. Lakeville residents and businesses proved that voluntary water conservation does work. Susan Landberg, 16576 Flagstaff Avenue, asked when the City plans to build another water tower. Mr. Erickson stated the next water tower would replace the existing tower in Airlake Industrial Park. He also stated that a one million-gallon underground storage tank is currently under construction at the Water Treatment Facility and will. be completed in 6-8 weeks. An additional one million-gallon tank will be constructed in 5-10 years. Ms. Landberg also asked how long the Flagstaff Avenue detour is expected to last. Mr. Erickson stated staff would address this issue later in the meeting. • CHIEF OF POLICE: Chief Martens resented the Jul month) p Y Y Police Department Report. Chief Martens then presented plaques to Officer Rick Bussler and Video Producer Jim Schiffman, winners of the 2001 Hometown Video Festival Award sponsored by the Alliance for Community Media. Officer Bussler and Mr. Schiffman produced the LPD Journal Council Member Mulvihill asked Chief Martens to comment on the Pilot Knob Road detour. Chief Martens stated the Lakeville Police Department coordinated efforts with the Dakota County Highway Department and the Apple Valley Police Department to prepare for the traffic congestion in this area.. Mr. Erickson stated the detour will be in place until November; however, there is an early completion incentive in the construction contract with McNamara Contracting to complete this project as quickly as possible. Also, City staff will work with School District 196 and provide adult crossing guards on Flagstaff Avenue, if needed, for children walking to school. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001 PAGE 3 PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Community Crime Prevention Specialist Lori Clemmer, who is coordinating this year's National Night Out. Ms. Clemmer stated there are 24 National Night Out parties being held on Tuesday, August 7t". Council Member Mulvihill read the proclamation. 01.94 Motion was made by Mulvihill, seconded by Luick to proclaim August 7, 2001 as National Night Out in Lakeville. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. Mayor Johnson presented appreciation plaques to former Planning Commission members Sharon Kot and David Bellows. CITIZENS' COMMENTS None • CONSENT AGENDA 01.95 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: ^ Arts Center Board, July 5 and July 19, 2001 ^ Telecommunications Commission, July 10, 2001 ^ Environmental Affairs Committee, July 17, 2001 ^ Park & Recreation Committee, July 18, 2001 ^ Planning Commission, July 19, 2001 ^ Joint Environmental Affairs Committee/Planning Commission, July 26, 2001 c. Resolution No. 01-112 approving Change Order No. 4 for the Lakeville Area Arts Center, Improvement Project 00- 19. CITY OF LAKEVILLE .COUNCIL MEETING AUGUST 6, -2001 PAGE 4 d. Change Order No. 1 for the Water Treatment Facility, Improvement Project 00-3. e. Change Order No. 1 for 2001 miscellaneous roadway improvements, Improvement Project 01-05. f. Change Order No. 1 for Highview Avenue, 205t" Street and Ipava Avenue trail projects, Improvement Projects 00-15, 00-16 and 00-22. g. Change Order No. 1 for Kenyon Avenue reconstruction, Improvement Project 00-21. h. Resolution No. 01-1.13 approving change orders for City Hall expansion/renovation, Improvement Project 00-18. i. Resolution No. 01-114 authorizing transfer of property between Frontier Communications of Minnesota, Inc. and the City of Lakeville. • j. Table consideration of a resolution approving plans and specifications and setting a bid date for Bunker Hill Park and Dodd Trail Park tennis courts. k. Tree service operator license for Trees. and More. I. Gambling permit for Fairview Foundation to hold a raffle at Brackett's Crossing Country Club on September 10, 2001. m. Extension of on-sale liquor license for Chart House Restaurant to allow live outdoor entertainment on Friday, August 24, 2001. n. Resolution No. 01-115 vacating a portion of Ipava Avenue right-of-way platted in Marion Fields Fourth Addition, located south of 202nd Street. o. Covenant Not to Specially Assess homeowners along 202nd Street abutting Marion Fields 4t" and. 5t" Additions. I"~1 LJ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001 PAGE 5 p. Mixed Municipal Solid Waste and. Recyclable Material Collectors (Class '~B") licenses for Aspen Waste Systems, Inc., Ben's Roll-Off Service, and Randy's Sanitation, Inc. q. Resolution No. 01-116 authorizing the sale of a 1992 Lely fertilizer spreader to ISD #194. r. Resolution No. 01-117 authorizing the sale of forfeited vehicles. s. Resolution No. 01-.118 calling a public hearing on the certification of delinquent utility accounts. t. Fire Relief Minimum Municipal Contribution Certification for 2002. u. Resolution No. 01-119 accepting donation from Wells Fargo Bank Minnesota to Safety Camp 2001. v. Resolution No. 01-120 accepting donation from Panorama of Progress to the Park & Recreation Department for Youth Play Day and Fourth of July entertainment. w. Agreement to Raze Hazardous Building located at 10350 Upper 1961h Way. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows, ITEM 8 Mr. Michaud presented the Lakeville Area Arts Center. Operations and Management Policies and' Use Policies and Fees. He explained that the Appropriate .Content Policy now includes an additional sentence that addresses the use of nude models in classes. The new sentence reads, °Students under 18 must obtain written permission from a parent or legal guardian and the class instructor in orderto participate". Mr. Michaud stated the fee structure now includes facility rental rates reduced 40% during non-peak times. These two changes were made consistent with the City Council's direction at the. July 16t" work session. CITY OF LAKEVILLE COUNCIL MEETING AUGUST: 6, 2001 PAGE 6 Council Member Mulvihill recognized the tremendous efforts of City staff, including Jim Urie, Steve Michaud and Rich Pelletier, who have worked very hard over the past year coordinating the Arts Center construction and operation. 01.96 Motion was made by Luick, seconded by Mulvihill to adopt the Lakeville Area Arts Center Operations and Management Policies dated August 6, 2001, and the Lakeville Area Arts Center Use Policies and Fees .dated August 6, 2001. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 9 City Attorney Roger Knutson presented a proposed ordinance amending Section 11-3-3L of the Lakeville Zoning Ordinance concerning the required vote to approve amendments to the zoning ordinance. He explained that according to recent • legislative action, a zoning ordinance amendment would now require a simple majority vote of all members of the City Council. A zoning ordinance amendment previously required a 2/3 (4/5) vote of the City Council members. The new .legislation went into affect May 30, 2001. 01.97 Motion was made by Rieb, seconded by Luick to adopt Ordinance No. 689 amending Title 11 of the Lakeville City Code concerning amendments to the City's Zoning Ordinance. .Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. ITEM 10 Mr. Erickson stated staff has been working with four property owners for additional right-of-way along 192"d Street, and the special assessment agreements (Item 10c) will. be forthcoming at the next City Council meeting. Mr. Morey presented The Greenway ist Addition plat, which consists of 67 single-family residential lots on eight blocks and 11 outlots. The property is located east of Kenwood Trail, CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001 PAGE 7 north of 192"d Street and west of Ipava Avenue.. The Greenway preliminary plat was approved by the City Council on June 18, 2001. The greenway corridor, as identified in the City's 1999 Park and Open Space System Plan, is a very unique feature of this development. It includes a DNR protected waterway and associated wetlands adjacent to the greenway. The developer will deed Outlot B to the City to meet the park land dedication requirements for the entire Greenway development. The developer will construct the segment of the greenway corridor that extends from the northwest corner of Ipava Avenue to 192"d Street to the Iteri Avenue street stub. The remaining portion of the greenway corridor will- be constructed in Phase II. The developer will construct a 10-foot wide public trail that extends west from the: Ipava Avenue trail at the southeast corner of the site along the greenway corridor. The final .plat for phase one is consistent with the approved preliminary plat and includes the vacation of roadway, drainage and utility easements. The developer has signed the i development contract and submitted a letter of credit, cash payment for various fees associated with this project, temporary turn-around easements and a warranty deed for Outlots B, D, E, H and I. The developer is .working to obtain signed easements for roadway, drainage and utility purposes from the four property owners on the south side of 192"d Street for upgrading the street to an urban section design. The developer has agreed. to the stipulation in the development contract stating that except for model homes, no building permits will be issued for lots within The Greenway 1St Addition until the developer obtains the necessary easements from the property south of 192"d Street.. The 192"a Street improvements will not be constructed until the streets in The Greenway 1St Addition are completed and open for traffic or by November 1, 2002, as stated in the development contract. 01.98 Motion was made by Luick, seconded by Rieb to approve Resolution No. 01-121 vacating public roadway, trailway, drainage and utility easements, and Resolution No. 01-122 . approving the final plat of The Greenway 1St Addition. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, .2001 PAGE 8 Roll call was taken on the motion.. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. ITEM 11 City Engineer Keith Nelson presented a proposal from TKDA for the preparation of a feasibility report for the widening of Ipava Avenue from 175t" Street to 165t" Street, Improvement Project 01-10. He explained that traffic counts taken in 1999 indicated. approximately 5,000 vehicles per day along. this stretch of Ipava Avenue. Traffic counts were taken again last week, and there are now just under 8,000 vehicles per day south of 165t" Street and about 6,600 vehicles per day north of 175t" Street. The proposal is to widen Ipava Avenue from two lanes to three lanes, with turn lanes at the 165t" Street and 175t" Street intersections. The three-lane road would have a common center left lane. As a part of the proposal, TKDA will host. up to three neighborhood meetings on this project. Council Member Bellows questioned the feasibility of widening the road to only three lanes at this time, when. it will inevi ably need to be widened to four lanes at a future date. He stated he was concerned that residents would have to put up with road construction twice when it could all be done at one time. Mr. Erickson explained that the project not only fits with the City's capital improvement plan and available resources, and will meet the traffic needs for at least a decade, but also fits with the City's state aid funding. Mr. Nelson explained. that when a road is constructed using state aid funds, as Ipava Avenue was constructed in 1988, state aid funds cannot be used again until the road is 20 years old. However, state aid funds can be used for widening the road. The third lane, he stated, should help meet the traffic needs for several years. 01.99 Motion was made by Rieb, seconded by Mulvihill to authorize TKDA to prepare a feasibility report for widening Ipava Avenue from 175t" Street to 165t" Street, Improvement Project 01-10. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001 • PAGE 9 Roll call was taken on the motion.. Ayes, Bellows, Johnson, Mulvihill, Rieb, .Luick. ITEM 12 Assistant to City Administrator John Hennen presented a resolution ending the City's membership with .the Municipal Legislative Commission (MLC) and a resolution ending the City's membership with the Metro East Development. Partnership. Mr. Hennen .explained that the- City Council reviewed the 2002 membership and dues at its July 16t" work. session. Recent legislative actions have dramatically modified the distribution formula of Local Government Aid (LGA) and Homestead. and Agricultural Credit Aid (RAGA) for metropolitan growth cities. The re-establishment of levy limits and development/permit fees and regulatory reform also call into question the effectiveness of the City's legislative representatives. The Economic Development Commission discussed the value of the Metro. East Development Partnership, which focuses on St. Paul and the eastern metro suburbs, and agreed that participation in the Dakota County Economic Development Partnership is of greater value to the City of Lakeville. 01.100 Motion was made by Mulvihill, seconded by Bellows to approve Resolution No. 01-123 ending membership with the Municipal Legislative Commission and Resolution No. 01-124 ending membership with the Metro East Development Partnership. Ro)I call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. UNFINISHED BUSINESS None NEW BUSINESS Mr. Knutson explained that representatives of HOM Furniture are requesting an addendum to their development contract to satisfy a requirement of their lender (bank). The addendum acknowledges completion of certain items as required in the development contract and releases them from the development contract. It is appropriate, and staff recommends approval. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 6, 2001. PAGE 10 01.101 Motion was made by Bellows, seconded by Mulvihill to approve the Addendum to Development Contract with CRW Lakeville, LLC, for the development of HOM Furniture. Roll call was taken on the motion.. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ANNOUNCEMENTS Next regular Council meeting, August 20, 2001 Council work session, August 27, 2001 Mayor Johnson adjourned the meeting at 8:20 p.m. Respectfully submitted, . Carlene Friedges, C t Clerk Robert D. John~/o~i, Mayor •