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HomeMy WebLinkAbout07-02-01 CITY OF LAKEVILLE COUNCIL MEETING )ULY 2, 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; Steve Michaud, Parks & Recreation Director; D. Feller, Finance 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 June 18, 2001 City Council meeting and the June 11, 2001 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson presented a resolution for the Council's consideration ordering abatement of a hazardous building located at 10350 Upper 196t" Way. Council members added the resolution to the Consent Agenda (item 7t). ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the June. monthly report of the Operations & Maintenance Department.; CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 2 Mayor Johnson asked Mr. Volk about a recent water pressure problem in the Valley Park area of the city. Mr. Volk explained that the problem occurred during the recent hot, dry weather. The Utility Department personnel, along with Minnesota Pipe and Equipment, installed a quarter mile temporary above ground water main .extension to increase water pressure for those residents.. Council Member Mu vihill asked about a permanent solution to this problem. Mr. Volk stated the permanent solution would be a permanent underground water main. Because of the topography of this area, the water main would need to be tied into the City's high-pressure water zone. Mr. Erickson stated since this is developer driven, the earliest it would happen would. be a year from now. PRESENTATIONS/INTRODUCTIONS Mr. Volk introduced Utility Maintenance employee Dan Ifing. CITIZENS' COMMENTS Mr. Paul Lehrer, 16490 Kingswood Drive, spoke on behalf of the Kingswood Estates. Homeowners Association.. He addressed the City Council. regarding a proposed pedestrian trail along Klamath Trail from Orchard Lake Elementary School to County Road 46. He questioned the reason for another neighborhood meeting to discuss the. possible completion of the trail,. when the trail had been discussed and agreed upon five years ago. He pointed out that this particular section of Klamath Trail is presently very dangerous for pedestrians, with steep embankments and no shoulder or guardrail. Janis Chamoun, 16411 Kingswood Drive, stated. the City appears to be stalling on this trail construction. She stated the Kingswood Estates residents had been told in 1996 that funding is available and the trail would be built. She wanted to know why the. trail has not yet been built, and what has transpired since the last public meeting about the trail, which was held. on August 20, 1996. .Mayor Johnson stated City staff will respond to these questions, as well as provide information about right of way acquisition and trail construction easements, at the neighborhood meeting on August Stn CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 3 CONSENT AGENDA Council Members added Item 7t to the consent agenda and removed Item 71 from the consent agenda. 01.78 Motion. was made by Mulvihill, 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, June 21, 2001 Park & Recreation Committee, June 20, 2001 Environmental Affairs Committee, June 19, 2001 Economic. Development Commission, June 19,..2001 Lakeville Ames Arena Committee, June 15, 2001 Lakeville Ames Arena Bleacher Task Force, June 13 c. Receive ALF Ambulance Financial Report for the year ended December 31, 2000. d. Receive Lakeville Fire Relief Association Financial Report for the year ended December 31, 2000. e. Approve proposed 2002 ALF Ambulance budget. f. Agreement relating to Successor Paying Agency, Registrar and Transfer Agency with U.S. Bank Trust National Association with respect to-the Gross .Revenue Recreation Facility Bonds, Series 1999. g. Resolution. No. 01-99 amending the 2001 Schedule of Fees. h. Tree service operator license for Tupy & Kubes Tree Service, Inc. i. Agreement for services performed by independent contractor, Valerie Quiring, Naturalist. CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 4 j. Resolution No. 01-100 accepting donation from Lakeville Knights of Columbus for the Meals on Wheels Program. k. Receive resignation of David Bellows from the Planning Commission. I. (Removed from consent agenda.) m. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow accessory building floor area in excess of 656 square feet at 20670 Holyoke Avenue. n. Receive Planning Commission's Findings of Fact and Recommendation and approve a planning unit development/conditional use permit amendment for Lakeville Family Housing 2nd Addition to allow an amendment to the site .plan for construction of a picnic shelter/gazebo, located south of 210th Street, north of Lakeville Boulevard (County .Road 50) and east of Hamburg Avenue. o. Resolution No. 01-101 approving the final plat of Vermillion Springs Second Addition. p.- Resolution No. 01-102 vacating Highview Avenue south of 160t" Street and north of 165t" Street. q. .Ninth Amendment to 1992 ]oint Powers Agreement with Dakota County for 2001 Waste Abatement Community- Funding. r. Receive petition and authorize removal of sidewalk along 167t" Court West, Improvement Project 01-05. s. Resolution No. 01-103 setting salaries for City of Lakeville instructors and seasonal employees. t. Resolution No. 01-104 ordering abatement of hazardous building located at 10350 Upper 196t" Way. CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 5 ,7 Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 8 Bill Laurer, from the accounting firm of Malloy Montague Karnowski Radosevich and Co., P.A., presented the City of- Lakeville's 2000 Comprehensive Annual Financial Report and auditor's Management Letter. He stated this is the first year that his firm audited the City of Lakeville, and their audit. found the City's financial records to be comprehensive, well organized and in excellent condition. It is rare, he pointed out, in an audit of this scope to find no significant internal contro issues or compliance findings. Mr. Laurer referenced the Management Report dated April 24, 2001 (on file in the City Clerk's office) and provided_a few highlights of that report. He explained that the legislature eliminated the school district general levy from the. property ' tax roles as part of its tax bill. This will. affect (reduce) funding. for future tax increment projects; however, some funding is supposed to be included in the legislation for completed tax increment projects to help soften that blow. He also explained that some of the funding for the school district aid came from the State taking away HACA from cities; although levy limits have been reinstated for cities in 2002 and 2003. The legislature also approved some changes in development and permit fees, which will require additional record keeping and reporting of fees collected. Mr. Laurer extended his appreciation to Dennis Feller and the finance staff for their preparation and. responsiveness throughout the audit process. 01.79 Motion was made by Luick, seconded by Rieb to receive the City of Lakeville Comprehensive Annual Financial Report for the year ended December 31, 2000, and the Auditor's Management Letter. Roll .call was .taken on the motion. Ayes, ]ohnson, Mulvihill, Rieb, Luick, Bellows. CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 6 • ITEM 9 Pete Schrock requested Council approval of the preliminary and final plat of Schrock Addition to allow the construction of a family swim school on property located on the north side of 165t" Street, west of Jonquil Avenue. He stated he and his wife currently operate a similar swim school facility in Eagan. Mr. Grussing presented the planning report for Schrock Addition. The subject property is zoned OR, Office/Residential Transition District. He explained that the OR District was. created to allow for an orderly and progressive transition in land use .between commercial and residential development, providing an appropriate blend of such activities. Mr. Grussing explained that the sign plan has .not yet been submitted; however, the developer is aware of the requirements for signage. Lighting has been changed to high- pressure sodium as proposed by staff. The building will be a • pre-cast concrete structure, and will be located on the southerly portion of the site, as additional fill was placed on the north end of the property. The building and parking meet all setback requirements. The Planning Commission held a public hearing on the preliminary and final plat of Schrock Addition, and there were no public comments. The .Planning. Commission unanimously recommended approval subject to 12 stipulations listed in the June 15, 2001 planning report. 01.80 Motion was made by Rieb, seconded by Mulvihill to approve Resolution No. 01-105 approving the preliminary and final plat of Schrock Addition. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 10 Dean Johnson, representing Dean R. Johnson Construction, Inc., requested Council approval of the Fox Meadows development. The Fox .Meadows development includes a preliminary plat of 98 . attached townhouse and twin home units, an ordinance .rezoning a portion of the property from RS-3, single-family residential CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 7 district, to RST-2, single and two family residential district, and a variance to allow a private loop drive. Fox Meadows is located south of 185t" Street and west of Kenwood Trail. Mr. Morey presented the planning report for Fox Meadows. He explained that this development involves the rezoning of the Tex Brooke property south of 188t" Street to allow the construction of two twin home buildings, which wild fulfill the transition requirement of the RM-1 District. The variance for the private loop drive is supported due to physical constraints posed by the surrounding wetland and pipeline easement, which create a hardship for constructing a private drive in compliance with Zoning Ordinance .requirements.: The developer will reconstruct 188t" Street from Kenwood Trail to Jordan Trail, including curb and gutter and afive-foot wide concrete sidewalk on the north side. The tree preservation plan proposes to save 49.5% of the significant trees located within the preliminary plat boundary. The Planning Commission held a public hearing on the preliminary plat of Fox Meadows and unanimously recommended approval. Staff recommends approval subject to 21 stipulations listed in the June 29, 2001 planning report. 01.81 Motion was made by Luick, seconded by Rieb to approve the following with regard to Fox Meadows: ^ Preliminary plat consisting of 98 attached townhouse units. located south of 185t" Street and west of Kenwood Trail; ^ Ordinance No. 687. rezoning a portion of the property from RS-3, Single-Family Residential District, to RST-2, Single. and Two Family Residential District; ^ Variance to allow a private loop drive Roll call was taken on the motion. Ayes, Rieb,. quick, Bellows, Johnson, Mulvihill. ITEM 11 Rick Osberg of James R. Hill, Inc., representing Johnson- Reiland Construction, requested Council approval of the Oaks of Lakevilla, located west of Kenyon Avenue, north of 179t" Street and 'east of Keokuk Avenue. The development includes a CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 8 • preliminary plat of 29 single-family residential lots and 22 single-family detached townhouse lots, and an ordinance rezoning the property from RM-1, medium density residential district, to RSl°-2, single and two family residential district. Mr. Morey presented the planning report for Oaks of Lakevilla. The wetland preservation :will be within an outfot that will be deeded to the City with the final plat. A passive park is proposed on .the north side of the preliminary plat within Outlot A. The developer is proposing land dedication (3.42 acres, excluding the wetland and buffer area) to .meet the park dedication requirements of the Subdivision Ordinance. The Planning Commission held a public hearing on the Oaks of Lakevilla on June 7th and continued the hearing to the June 21St meeting to allow the developer time to prepare and submit detailed storm water calculations. The Planning Commission unanimously recommended approval at its June 21St meeting, subject to 15 stipulations listed in the June 15 planning report:, with the elimination of stipulations number 7 and 8, as they • were met with the submittal of revised plans. Council Member Bellows asked if the oak trees being removed would be harvested for lumber. The developer stated the property will be custom graded, and all the trees wil) be salvaged for lumber. 01.82 Motion was made by Bellows, seconded by Mulvihill to approve the following with regard to Oaks of Lakevilla: ^ Preliminary plat of 29 single-family residential lots and 22 single-family detached townhouse lots, located west of Kenyon Avenue, north of 179t" Street and east of Keokuk Avenue; ^ Ordinance No. 688 rezoning property from RM-1, Medium Density Residential District, to RST-2, Single and. Two Family Residential District. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. • CITY OF LAKEVILLE COUNCIL MEETING JULY 2, .2001 .PAGE 9 • ITEM 12 .01.83 Motion was made by Mulvihill, seconded by Rieb to table consideration of appointments to the Planning Commission, and discuss this matter at an upcoming work session. Roll call was taken on the motion. Ayes, Bellows, .Johnson, Mulvihill, Rieb, Luick. ITEM 13 01.84 Motion was made by Rieb, seconded by Bellows to hold a joint City Council/Economic Development Commission meeting on August 28, 2001 at 6:00 p.m. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. ITEM 14 1. M i n w m L i k sec nded b Mulvihill to hold a 0 85 of o as ade by u c o y Council work session on July 16, 2001 at 4:30 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 7L 01.86 Motion was made by Bellows, seconded by Rieb to table consideration of a building setback variance and Wetland Exemption Certificate for Performance Office Papers, 21565 Hamburg Avenue. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS; Next.regular Council meeting July 16, 2001 • CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 2001 PAGE 10 Mayor Johnson adjourned the meeting at 8:55 p.m. Res//p~~ectfully submitted, M /• ,~ Charlene Friedq~s, Citv Q1erk Robert D. ]ohr~on, Mayor •