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HomeMy WebLinkAbout10-02-00~. . r CITY OF LAKEVILLE COUNCIL MEETING OCTOBER. 2, 2000 Mayor Zaun 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 Johnson, Sindt,' Mulvihill, Luick and Mayor Zaun. Also. present: E. Knetsch, City Attorney; B. Erickson, City Administrator; K, Nelson, City Engineer; A. trussing, Community Economic Development Director; D. Feller, Finance Director; D. Martens, Chief of Police; D. Volk, Director of Operations 8v Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the .September 1$, 2D00 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knetsch requested the City Council include, under Unfinished Business, a resolution approving the .finale plat of Vermillion Springs. ENGINEER: Mr. Nelson provided a status report of ongoing street construction projects, including Highview Avenue at County Road 46; Ipava Avenue from the High School to 185 Street; Kenyon Avenue frontage road realignment; ramp signals at I-35 and 185 Street; and Dodd Boulevard reconstruction. ADMINISTRATOR: Mr. Erickson provided an updated list for certification of delinquent utility accounts, Item 8. DIRECTOR OF OPERATONS 8s MAINTENANCE: Mr. Volk presented the September monthly activities report of the Operations 8v Maintenance Department. PRESENTATIONS /INTRODUCTIONS Mayor Zaun presented a recognition plaque to Glenn B. Miller for his service on the City's Cable TV Board and Telecommunications Commission. t CITY OF LAKEVILLE COUNCIL. MEETING OCTOBER 2, 2000 PAGE 2 Building Official Gene Abbott introduced Building Inspectors/Plan Reviewers David Calvin and Dan Christensen. CITIZENS' COMMENTS None CONSENT AGENDA Council members added item 12 to the consent agenda. ..00.161 Motion was made by Luick, seconded Johnson by to approve the. consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, September 19, 2000 Park 8v Recreation Committee, September 20, 2000 Planning Commission, September 21, 2000. Lakeville Area Arts Center Board, September 21, 2000 c. Resolution No. 2000-234 authorizing car allowances. d. Resolution No. 2000-235 amending the Equipment Fund 2000 Budget. e. Resolution No. 2000-236 authorizing the sale of vehicles. f. Final acceptance of utility. and street improvements, Tarry Creek. g. Request for Proposals for City of Lakeville Wetland Inventory and Management Plan and Met Council Grant Agreement. h. ' Mechanical amusement .device license "for Venture Coin Inc. for. one device at`Mr. Movies, .17721 Kenwood_Trail. i. Resolution No. 2000-237 approving a gambling permit for. the Bloomington Lions Club. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 3 j . Resolution No. 2000-238 accepting a donation from the Lakeville Women of Today. k. Contract to Employ Law Firm of Rider, Bennett, Egan 8v Arundel, LLP. 1. Temporary Easement Agreement with Donnelly Farms Limited Partnership, Improvement Project 99-5. m. .Resolution No. 2000-239 requesting a speed zone study on Ipava Avenue between County Road 60/ 185 Street and 202nd Street; and Resolution No. 2000-240 requesting a speed zone study on the realigned portions of 192nd and 195 Street between County Road. 50 and Dodd Boulevard. n. Resolution No. 2000-241 designating no parking zones on both sides of Ipava Avenue from 185 Street to Kenwood Trail; and Resolution No. 2000-242 designating no parking zones on both sides of the 192nd/ 195 Street realignment from Kenwood Trail to Dodd Boulevard. o. Resolution No. 2000-243 designating the intersection of Ipava Avenue and the 192nd/ 195 Street realignment as an all-way stop. p. Resolution NO. 2000-244 authorizing no parking on Ipava Avenue from 165 Street to 175 Street. q. Agreement with Lakeville SnoTrackers Snowmobile Club for cross-country ski trail grooming at Ritter Farm Park during the 2000-2001 snow season. r. Minnesota Trails Assistance Program Maintenance Grant Agreements with the State of Minnesota Commissioner of Natural Resources for snowmobile and cross-country ski trail maintenance. s. Resolution No. 2000-245 accepting a donation from Wells Fargo Bank to the Parks 8v Recreation Department. t. Resolution No. 2000-246 accepting.donation from the • Lakeville Senior Center. Prime Timers Club to the Meals on Wheels Program. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 4 u. Resolution No. 2000-247 appointing election judges for the November 7, 2000 General Election. v. Extend recording of the Hosanna Second Addition preliminary and final plat to May 31, 2001. 12. Conditional use permit amendment to allow the construction of a detached garage and storage building on the All Saints Catholic Church property, 19795 Holyoke Avenue. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 8 Mayor Zaun opened the. public hearing on the certification of delinquent utility accounts. The City Clerk attested to legal notices being duly published and mailed. . Mr. Feller presented the list of delinquent utility accounts being certified to the County Treasurer/Auditor, which total $34,871.21. In addition to certifying the amount delinquent, the City also collects a $25 service charge and 18% interest, per annum, for the period of October 2, 2000 until December 31, 2001. No interest shall be charged if the entire amount is paid within 30 days.of adoption of the resolution. The City also has 15 storm water and street light-only accounts that have delinquent balances. A $2 service charge is added to those accounts. There were no questions or comments from Council. members or members of the audience. 00.162 Motion was made by Luick, seconded by Johnson to close the public hearing on the certification of delinquent utility accounts. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. 00.163 Motion was made by Luick, seconded by Mulvihill to approve • Resolution No. 2000-248 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 5 • Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. ITEM 9 Dennis Feller presented a resolution imposing a service charge for Special Service District No. 1. The Downtown Lakeville Business Association (DLBA), he explained, has requested that the District be extended for years 2001 and 2002. The DLBA is also recommending the 2001 and 2002 service charge remain at $27,534 per year and that the calculation of the service charge remain consistent with the two previous years. Mr. Feller explained that the allocation of the total service charge to the downtown properties is based on the net tax capacity of the commercial/ industrial values of the property in the district. • The service charge for a specific parcel may vary from year to year as a result of changes to tax classification rates, tax classification, assessed market value and/or property size. Following adoption, the service charge will be certified to the Dakota County Treasurer/Auditor for collection with the year 2001 taxes. Rod Borg, President of the DLBA, spoke in support of the service charge as recommended. He outlined some of the events that are sponsored by the DLBA, utilizing the tax district money to enhance the community and downtown. The DLBA hopes that this special tax district, along with City's .continued support, will make historic downtown the centerpiece of Lakeville. He introduced the new DLBA Executive Director Christine Mondus. Don Speiker, Lakeville Family Bowl, stated he objects to the manner in which the service charge is calculated. He stated he would like to see the minimum ($100) and maximum ($6,000) charges removed from the calculation, as he feels it should be based strictly on net tax capacity, which he feels is the intent of the law. He also objected to a budget expenditure of $18,000 for more studies. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 6 Mr. Erickson explained that in July of 1990 the City Council adopted an ordinance establishing a special service district. That decision was .driven by a petition by the DLBA, signed by a majority of the business owners indicating support to establish a special service charge. The minimum and maximum charges were stated in the petition. Mr. Erickson stated it would be up to the DLBA to change the formula; however it had been established through a petition as the most equitable way of calculating the service charge. The City of Lakeville merely acts as a collection agency for the Special Service District. Mr. Borg explained that the DLBA has an executive board. Nine out of 10 .members agreed to the allocation of funds for a Design Guideline Study. He stated that $7500 was taken out of the 1999 budget, and $7500 was taken out of the 2000 budget for the study. Not included in the budget was an additional $30,000 of in-kind donations from Tushie Montgomery to establish a vision for downtown. The new budget, he explained,. does not include more studies. • Nancy Smith, Secretary of the DLBA, stated she feels the group has spent its money well, utilized its resources and has received many in-kind donations toward the district. Having hired a new Executive Director, the DLBA is confident that the decisions it makes will only enhance the viability of downtown. Council Member Johnson asked if the DLBA was able to measure, in percentages, any increases to the downtown businesses since the service charge was imposed. Mr. Borg stated there has been increased activity and traffic, and .event participation has been phenomenal. 00.164 Motion was made by Sindt, seconded by Mulvihill to close the public hearing on the imposition of a service charge for Special Service District No. 1. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. 00.165 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. ,2000-249 imposing a service charge for Special . Service District No. 1 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 7 • Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill. ITEM 10 Tim Brown, Environmental Resources Coordinator, presented the Management Plan for Valley Lake, prepared by Blue Water Science. He explained that the purpose of the project was to evaluate existing conditions and make recommendations toward protecting and improving water quality in Valley Lake. The project also includes the ongoing barley straw treatment pilot study. The Environmental Affairs Committee recommended the City Council receive and adopt the Valley Lake Management Plan. Steve McComas of Blue Water Science provided a detailed overview of the Valley Lake Management Plan. He explained. that Valley Lake was one of the first lakes in Minnesota to have a permitted experimental barley straw project. Barley straw is used to reduce nuisance growth of algae. This year's barley straw • treatment appears to be having a significant positive impact on water clarity in• the lake. Council Member Luick pointed out that after swimming across the lake a couple months ago, he found that there definitely seems to be a correlation between water quality and the areas where a greater number of barley straw tubes were placed. Council Member Johnson asked if the barley straw application would need to continue after the algae is brought under control in order to maintain water clarity. Mr. McComas stated the use of aquatic plants can help maintain clear water. Mr. Erickson stated $23,000 has been included in the storm water management utility fund budget for projects included in the 2001-2002 management plan, which include aquatic plantings. Mayor Zaun asked about the one-year lake retention time. Mr. McComas explained that if the retention time were shorter, the straw would not be as effective. Mayor Zaun asked if wind helps surface water circulation; Mr. McComas stated it does. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 8 • Mayor Zaun asked about winter aeration. Mr. McComas stated they would proceed cautiously with winter aeration. 00.166 Motion was made by Johnson, seconded by Mulvihill to receive and approve the Management Plan for Valley Lake, Lakeville, Minnesota, dated June 2000. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 11 Mr. Bob Wiegert, Paramount Engineering, requested City Council approval of the final plat of Hawthorn Heights. City Planner Daryl Morey presented the Hawthorn Heights final plat, which consists of 68 single-family residential lots and three outlots on 38.78 acres of land located south of County Road 46 and east of Highview Avenue. The final plat is consistent with the approved preliminary plat. In conjunction with the final plat, the developer is requesting the vacation. of the unused portion of the existing Highview Avenue roadway easement that lies within the final plat boundaries. The vacation is needed so that the developer can final plat and develop Lots 2-7, Block 2. The developer is also requesting the rezoning of a portion of the subject property from RA to RS-2. The area proposed to be rezoned is the southerly portion of the Eisele Greenhouse property, which is being administratively subdivided for inclusion in the Hawthorn Heights plat for the purpose. of extending Harvard Lane to the west and developing Lots 10- i 5, Block 3. The developer has submitted signed warranty deeds conveying Outlots A, B and C (wetlands and a pond) to the City. The developer also submitted a grant of permanent easement for public trail and landscaping adjacent to Outlot B and a temporary turnaround easement agreement for the east end of Harvard Drive. Staff recommends approval. 00.167 Motion was made by Mulvihill, seconded by Luick to approve Resolution No. 2000-250 vacating a portion of a public roadway easement; Resolution No. 2000-251 approving the final plat of Hawthorn Heights; and Ordinance No. 678 rezoning property from RA to RS-2. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE 9 • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. ITEM 13 00.168 Motion was made by Mulvihill, seconded by Sindt to hold a special Council meeting at 5:00 p.m. on Wednesday, November 8, 2000 to canvass results of the November 7 General Election. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. ITEM 14 00.169 Motion was made by Sindt, seconded by Mulvihill to hold a budget work session on November 13, 2000 from 5-7 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. 00.170 Motion was made by Mulvihill, seconded by Johnson to hold a budget work session on November 27, 2000 from 5-8 p.m. Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS Mr. Knetsch presented, for the Council's approval, a resolution approving the final plat of Vermillion Springs. He stated the resolution, which is being recommended for approval by City staff, would approve changes that were recently made to the development contract and final plat mylars. The changes were made due to a change in the developer's ownership group. There were also changes made to the phasing of the development. 00.171 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 2000-252 approving the final plat of Vermillion Springs. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 2000 PAGE.10 ANNOUNCEMENTS: Next regular_Council meeting, October 16, 2000 Special. Council meeting and work session, October 9, 2000 Mayor Zaun adjourned the meeting at 8:50 p.m. Respectfully submitted, Q Charlene Friedges, City rk Duan Zaun, a r