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HomeMy WebLinkAbout08-07-00 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 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: R. Knutson, .City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; A. trussing, Community 8v Economic Development Director; D..Feller, Finance Director; S. Michaud,. Parks 8v Recreation Director; D. Martens, Chief of Police; D. Morey, Planner; D. Volk, Director of Operations & Maintenance; C. Friedges, City Clerk. MINUTES • The minutes of the July 10 and June 6, 2000 Council work sessions were approved as presented:. The July 17, 2000 .City Council meeting minutes were approved with one correction on Page 1, changing "Committee" member to "Council" .member.: STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson asked the City Council to consider a resolution approving condemnation of certain property for the expansion of Casperson Park. This item will be considered under New Business (item 16a}. ENGINEER: None ADMINISTRATOR:. Mr. Erickson provided additional information related to Item 12. DIRECTOR OF OPERATONS 8~ MAINTENANCE: Mr. Volk presented the monthly activities report for the months of June and July, 2000. PRESENTATIONS/INTRODUCTIONS Keith Nelson introduced Rebecca Kiernan, Special Assessment/Property Data Clerk, and Julie Wotczak, GIS Technician. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 2 .Gene Abbott introduced Building Inspector David Peterson. CITIZENS' COMMENTS None CONSENT AGENDA Council members added item 10 to the consent agenda. 00.129 Motion was made by Johnson, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, July 18, 2000. Parks 8v Recreation Committee, July 19, 2000 Planning Commission, July 20, 2000 Telecommunications Commission, July 11, 2000 c. Resolution No. 2000-170 requesting advanced state aid funds for Dodd Boulevard reconstruction, Improvement Project 99-5. d. Easement and Road Construction Agreement with Jacob and Vicki Lee Sells. e. Resolution No. 2000-171 accepting donation from Domino's .Pizza to the Police Department Crime Prevention Program. f.' Resolution No. 2000-172 authorizing execution of Safe: and Sober Grant Agreement. g. Resolution No. 2000-173 amending the 2000 schedule of fees. h. Resolution No. 2000-174 calling a public hearing on the certification of delinquent utility accounts. i. Resolution No. 2000-175 appointing election judges. for the September. 12, 2000 Primary Election. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000. PAGE 3 j. Resolution No. 2000-176 authorizing stop. signs on 170 Street at Glenwood Avenue. k. Third Amendment to Lease with-T.F. James Company for Liquor Store No. 2. 1. Final .acceptance of utility improvements, Ariake Development Fourth Addition. m. Ordinance No. 676. amending Title 3 Chapter l of the Lakeville City .Code concerning co-applicants on liquor licenses. n. Change Order No. 1 with Friedges Landscaping, Inc. for Valley Lake Park, Improvement Project. 00-10. o. Receive resignation of Timothy M. Knutson from the Planning Commission. p. Waiver of Trespass/Right of Entry.Agreeme~t with Francis. and Laura Mallery for Kenyon Avenue realignment, Improvement Project 00-2. q. Resolution No. 2000-177 accepting donation from VFW Post 210. r. Grant of Highway Easement to .Dakota County for .reconstruction of Dodd Boulevard, Improvement Project 99- 5. s. Receive. Cable Television Franchise Application from Wide .Open West Minnesota,. LLC, and call a public hearing to be held on September 5, 2000. t. Resolution No. 2000-178 adopting the position classification and pay plan for exempt and non-exempt positions. and setting forth the policy for the .administration of the pay plan. u. Resolution .No. 2000-1.79 .adopting the Employee Handbook. for all positions with the City of Lakeville except non-exempt positions with the Liquor Stores. • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 4 v. Resolution No: 2000-180 authorizing execution of sub-grant agreement with FEMA. w. , Resolution No. 2000-181 approving a gambling permit for Ducks.Unlimited Chapter :152, 10. Special home occupation permit to .allow the operation of a photography studio at 9965 - 208 Street W. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 8 • Mike Watters,-President. of the Lakeville Community Corporation, addressed the City Council regarding Lakeville Ames Arena, requesting the Council to consider the .transfer of all management responsibilities of the ice arena to the City of Lakeville. He explained that the. Lakeville Community Corporation (LCC) consists of a small 'group of volunteers who have managed. the ice arena since the facility was built in -1993. With the opening of the second sheet of ice and: the arena's .projected increase of usage, the LCC feels that the public would be best served if the City of Lakeville accepts full management responsibility. Mr. Erickson stated there is a wide range of issues that go along with accepting .management responsibility of the ice .arena, including but not limited to employment issues, organization and management, budget administration and responsibility for outstanding contractual. obligations. He suggested the City Council direct the Finance Director and Bond Counsel to research the full range of issues and provide a report for the Council's consideration at a subsequent meeting.. Mayor Zaun suggested privatizing. the management of'Lakeville Ames Arena is an option that could also be considered. He agreed that the management responsibility for this facility is becoming too overwhelming for a volunteer organization. Council Member Mulvihill stated she feels .the proposal is worth considering. r~ L CITY OF`LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 5 Mayor Zaun asked about a proposed timeline and. whether a transition should not take place until after the current hockey season is completed. Mr. Watters stated he does not feel that a transition would need to occur during a break in the season, as the budget .has been completed .and long-term contracts are in place. Also, the staff at the arena would remain, if the City so chooses. 00.130 Motion was made by Mulvihill, seconded by Sindt to receive the letter from .Lakeville Community Corporation dated June 20, 2000, direct .the Finance Director and Bond Counsel to research the full range of issues related to management of the Lakeville. Ames Arena, and provide a report for the Council's consideration.. at a subsequent meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, .Johnson.. ITEM 9 Mr. Morey requested the City Council table consideration of a conditional use permit amendment which would allow. the construction of accessory buildings in three locations on YMCA property located at Camp Streefland, 11490. Klamath Trail. The Planning Commission tabled this item at its August 3rd meeting. 00.131 Motion was made. by Luick, seconded by Johnson to table consideration of a conditional use permit amendment to allow the: construction of accessory buildings on the YMCA property located at 11490 Klamath Trail Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. ITEM 11 Pete Martin,. ISD 194 Community School Coordinator, requested Council approval of an amendment to Conditional Use Permit No. 95-13 to allow an expansion of the school district's .office and classroom space in the Holyoke Professional Building, 8755 Upper 208 Street W. • r • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 6 Mr. Morey presented the proposed conditional: use permit amendment, which would allow the school .district to expand into the area left. vacant. by New Horizon Day Care. ISD 194 offices would expand by an additional 5,289 square feet for a total of 10,578 squarefeet of building area. Staff recommends approval subject tofour stipulations as recommended. by the. Planning Commission. Council Member Sindt asked if there is parking available to serve the school district's expanded facility. Mr. Morey explained that based on the new downtown parking requirements, which is three spaces per 1,000 square feet of building area, the school district must maintain at least 32 of the 52 spaces in the parking lot to the west of the building. Council Member Johnson pointed out that the school district is not. likely to use more parking spaces than. the :day care facility aid. 00.132 Motion. was made by Luick, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and. approve an amendment to Conditional Use Permit No. 95-13 to allow. the expansion of office and classroom space for Independent School District No. 194, located at 8755 Upper 208 Street West. Roll call was taken on the motion.. Ayes, .Mulvihill,: Luick, Johnson, Zaun, Sindt. ITEM 12 Ray Brandt, representing. RHB Enterprises, Inc., requested Council approval of the Vermillion Springs final plat. Mr. Morey presented: the final plat of Vermillion Springs, which consists of 90 single family lots, one church lot and seven. outlots on approximately 79 acres of land .located north of 165 Street, south of 160 Street and predominately west of Highview Avenue. In conjunction with plat approval, the developer is requesting the vacation of a portion of Howland Avenue right-of- way, which was platted with Trotter's. Ridge 2nd Addition in 1988 for the future realignment of Highview Avenue. The southern portion of the Howland Avenue right-of-way is not needed for the CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 7 • realignment of Highview Avenue. The Vermillion Springs final plat includes the realignment of Highview Avenue at CSAH 46 across from Garden View Drive in Apple Valley, which is consistent with the City's Comprehensive Transportation Plan. Mr. Morey explained that the Minnesota Valley Free Lutheran Church property is reconfigured as a 5.55-acre lot in the Vermillion Springs final plat. Because the church property's legal description is being modified from metes and bounds to a platted lot, the City Council is being asked to approve an amendment to Conditional Use Permit No. 99-10 modifying the legal description. .The Planning Commission unanimously recommended approval of the final plat and right-of--way vacation subject to 13 stipulations. City staff notified the utility companies with regard to the right of way vacation. The developers and three fee owners of the existing parcels that are included in the Vermillion Springs final plat have all signed the development contract. DR Horton has submitted a letter of intent from Bank of America to issue a letter of credit in the amount of $1,738,996.58. Council Member Johnson asked if there are an articular yP erosion problems on this property that need to be addressed. Mr. Morey stated the Dakota County Soil 8a Water Conservation District and the City's Engineering Department will monitor the project with regard to drainage and erosion control. Council Member Luick asked about, what appears to be, a water monitoring well in the northwest corner of the church. property. Mr. Brandt explained that there is currently a drain field (septic system) on the church property. After the church connects its property to the sewer and water system, the developer will need to remove the drain field, which will ultimately be located on the developer's property. Mr. Erickson pointed out a few benefits that this plat will provide the community, such as wetland protection, Highview Avenue realignment, access from Hawthorn Path to Cedar Avenue (Highview Avenue parkway section), trail on the. north side of 165 Street and sanitary sewer for Minnesota Valley Free . Lutheran Church. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 8 00.133 Motion was made by Johnson, seconded by Sindt to approve the following: Resolution No. 2000-182 approving the final. plat of Vermillion Springs; Resolution No. 2000-183 vacating a portion of Howland Avenue right-of--way; Second Amendment to Conditional Use Permit No. 99-10 modifying the legal description for Minnesota Valley Free Lutheran Church. Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill. . ITEM 13 As directed by the City Council at the July 17~ meeting, Mr. Erickson presented a resolution establishing a comprehensive review of the City's newly adopted zoning ordinance. The resolution directs the Planning Commission to review the zoning i ordinance and evaluate its effectiveness. The Planning Commission would be required to report its findings to the City Council no later than September 2002. 00.134 Motion was made by Mulvihill, seconded by Johnson to approve Resolution No. 2000-184 establishing a comprehensive review of the City's newly adopted zoning ordinance. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 14 00.135 Motion was made by Johnson, seconded by Mulvihill to hold a special Council meeting on September 13,.2000 at 5:30 p.m. to consider the preliminary 2001 budget and tax levy. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. UNFINISHED BUSINESS None • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 2000 PAGE 9 NEW BUSINESS Mr. Knutson presented a resolution authorizing the condemnation of property for park purposes.. Mr. Michaud stated the parcel, which is approximately 40 acres in size, is located along the' west shoreline. of Lake Marion near the Casperson Park boat launch. The property is classified as DNR bluffs, with high. bluffs overlooking the lake.. It is currently the location pf Midwest Asphalt's mining operation, which is nearly 100% excavated. Mr. Erickson explained that the: City Council rarely seeks eminent domain when acquiring property; however, a considerable amount of time has been spent negotiating a purchase price for this. property, as staff feels it is important to maintain the environmentally sensitive elements of this property. This is the first step in the condemnation process, he explained. However, staff will continue to pursue acquisition, under the Council's direction, without utilizing the full effects of condemnation. • 00.136 Motion was made by Sindt, seconded by Luick to approve Resolution No. 2000-185 authorizing condemnation of property for park purposes. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. ANNOUNCEMENTS Next regular council meeting, August2l, 2000 Mayor Zaun adjourned the meeting at 8:20 p.m. ~R~espectfully submitted, Char ene Friedges, ity .Clerk Duane'Zaun, or