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Home My WebLink About06-05-00~` CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 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, Mulvihill, Luick and Mayor Zaun. Absent Council Member Sindt. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Morey, Acting Community 8v Economic Development Director; D. Feller, Finance birector; S. Michaud, Parks 8v Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations 8v Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. AGENDA MODIFICATION Mayor Zaun indicated .that a presentation by State Representative Mary Liz Holberg would be added to the Council . agenda under Item 5. ITEM 3 The minutes of the May 15, 2000 City Council meeting were approved as presented. STAFF. ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS 8v MAINTENANCE: Don Volk presented .the May monthly report of the Operations 8v Maintenance Department. PRESENTATIONS /INTRODUCTIONS State Representative Mary Liz Holberg provided an overview of the 2000 Legislative Session. with information on the following legislative issues: CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 2 • Data Practices • Bleacher Safety • Liability for Recreational Vehicle Accidents • Metropolitan Council • Transportation • Commuter Rail • Tax Reductions • Redistricting Mayor Zaun recognized the City of Lakeville Cable TV .Department for its receipt of two awards by the Minnesota Association of Government Communicators. The Department received an Award of Excellence for Video Programming for the Messages Show and an Award of Excellence for Video Instructional for Lakeville Kids and Government. Jim Schiffman and Pete Haack accepted the awards on behalf of the Cable. TV Department. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Items 9 and 10 to the consent agenda. 00.97 Motion was made by Mulvihill, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Telecommunications Commission, May 23, 2000 Park 8s Recreation Committee, May 17, 2000 Planning Commission, May 18, 2000 .Planning Commission Work Sessions, May 9 and May 24 Southcreek Subcommittee, May 23, 2000 c. Receive ALF Ambulance Annual Financial Report for the year ended December 31, 1999. CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 3 d. .Receive Lakeville Convention and Visitors Bureau annual financial statements and. independent auditor's report for the year ended December 31, 1999. e. Resolution 2000-109 approving a gambling permit for Fairview Foundation. f. Resolution No. 2000-110 authorizing the sale of a fire truck. g. Resolution No. 2000-111 approving a gambling permit for Lakeville VFW Post 210. h. Resolution No. 2000-112 approving a gambling permit for Lakeville Chapter Ducks Unlimited. i. Resolutions No. 2000-113 and 2000-114 accepting donations to the Police Department fitness program from Lakeville Dental .Associates, P.A. and. Heat-N-Glo, Hearth Technologies, Inc. • j. Resolutions No. 2000-115 to 2000-120 accepting donations to the Police Department Annual Bicycle Rodeo from Sieben, Grose, VonHoltum 8v Carey, Ltd.; International Home Foods; State Farm Insurance; The Bicycle Shop; VFW Auxiliary Post 210; and Our Family Foods. k. Change Order No. 1 with S.M. Hentges 8s Sons, Inc.. for Ipava Avenue extension, Improvement Project 98-10. 1. Resolution No. 2000-121 approving plans and specifications and setting a bid date for Dodd Boulevard reconstruction, Improvement Project 99-5, and approve Highway Easements for City-owned Parcels I, J and K as identified in the project documents. m. Final acceptance of public utilities and street improvements, Orchard Meadows of Lakeville. n. Final acceptance. of public utility improvements, Orchard Meadows of Lakeville 2nd Addition. o. Resolution No. 2000-122 adopting findings and making a negative .declaration on the need for an Environmental CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 4 • Impact Statement (EIS) on the South Creek restoration project, Improvement Project 99-25. p. Conditional use permit to allow the construction of a second driveway. access on asingle-family residential .lot located at 17105 Fieldcrest Avenue. q. Grant. of Permanent Easement to Jeff Belzer Chevrolet for Cedar Avenue, Improvement Project 97-9. r. Addendum to contract with SKB Environmental for the operation and maintenance of a yard waste compost facility. s. Revised and Restated Joint Powers Agreement establishing a Watershed Management Commission for the Vermillion River Watershed. t. Resolution No. 2000-123 amending the 2000 GIS Fund Budget. u. Resolution No. 2000-124 amending the 2000 General Fund Budget. 9. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the .expansion of an existing .non-conforming single- family dwelling at 17361 Kodiak Avenue. 10. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow the expansion of an existing non- conforming single-family dwelling at 19713 Jersey Avenue. Roll call was taken on the motion. Ayes, Johnson, Zaun, Mulvihill, Luick. ITEM 8 Mr. Morey stated that the attorneys for Walgreens have not yet had an opportunity to .review the development contract for the Cedar. 160 Addition. Therefore, the .applicant is again requesting the City Council table action on this item. CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 5 • 00.98 Motion was made by Mulvihill, seconded by Luick to table action on the Cedar 160 Addition to a date to be determined. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Luick, Johnson. ITEM 11 Steve Michaud presented for Council consideration the Lakeville, Minnesota 2000 Comprehensive Park, Trail. and Open Space Plan. Alan Brixius, Northwest Associated Consultants, provided a detailed overview of the Plan. (See document on file in the City Clerk's office) Mr. Brixius stated the. Park 8s Recreation Committee and Planning Commission. have reviewed the. Plan. Staff recommends approval., which is contingent upon submission of the Plan to the Metropolitan Council and adjoining communities. Council Member Johnson asked about the City's ability to amend the Plan as needed over the next five to ten years. Mr. Brixius explained that one of the reasons for using search areas rather than site specific areas was to not tie into. a specific acreage or situ. Implementation of the trail system, as in the past, is based. on development. Staff is also strongly encouraging the City to continue its close working relationship with the school districts, avoiding the duplication of facilities. Mayor Zaun asked what specific standards or policy guidelines are used by the Metropolitan Council in reviewing this Plana Mr. Brixius stated the Metropolitan Council will judge it against its policy guidelines and will not make specific standards as to the City's local needs. 00.99 Motion .was made by Johnson, seconded by Mulvihill to approve Resolution No. 2000-125 approving and amending the Lakeville, .Minnesota 2000 Comprehensive .Park, Trail and Open Space Plan. Roll call was taken on the. motion. Ayes, Mulvihill, Luick, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 6 • ITEM 12 City Attorney Roger Knutson presented a Mediated Settlement Agreement between the City of Apple Valley, the City of Lakeville, Leo W. Tutewohl and Sharon L. Tutewohl. He explained that this process was to accomplish .two objectives the City has had for some time. The first was to acquire some park land, and the second was to bring to conclusion an agreement between the Cities of Apple Valley and Lakeville that was negotiated in 1995 .involving County Road 46 and some storm water issues. In connection with .the acquisition of the ponding and drainage easements for the project, the City of Apple Valley began condemnation on the Tutewohl property. to acquire the easements. Lakeville was brought into the process in 1998 in an .attempt to obtain park land. As written, the agreement would provide the City with approximately 40 acres of park land, storm water ponding and drainage easements for $590,000 in cash, of which $109,455 was previously deposited with the Court. in the condemnation case, and $196,000 in developer's credits. Apple Valley will pay $309,455 of this amount for the ponding and drainage .easements. The City of Lakeville has been approved for a $295,000 DNR grant to purchase the park property. The City's right to purchase the property is contingent upon the City re- guiding .the property for medium density residential, rezoning.. the property to PUD for 180 townhomes and bringing the property into the MUSA by July 1, 2.002. Mr. Knutson explained that this Mediated Settlement Agreement represents approximately five years of negotiations. He thanked Mr. and Mrs. Tutewohl for their cooperation and understanding throughout this process. Mr. Michaud provided an overview of the subject property, which is`located just east of Pilot Knob Road and north of 170 Street. The property borders the .south boundary of what is now known as the Camas (former Model Stone) property. Approximately 10% of the 300-acre Camas property is expected to be dedicated to .the .City for park land and would be combined with. the Tutewohl property. for a substantial community park in .the northeast sector of Lakeville. Mayor Zaun stated he endorses the proposed obligations of the City to re-guide the property for medium density residential, CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 7 • rezone the property to PUD for townhomes and bring the property into the MUSA. He stated he would do whatever he can to assure that this happens, recognizing the significant efforts by the Tutewohls and the cities of Apple Valley and Lakeville. 00. T00 Motion was made by Mulvihill, seconded by Luick to approve a Mediated Settlement Agreement between the City of Apple Valley, the City of Lakeville, Leo W. Tutewohl and Sharon L. Tutewohl. Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Mulvihill. ITEM 13 Council Member Johnson nominated Dana Sullivan to the Lakeville Area Arts Center Board, representing LS.D. 194. 00.101 Motion was made by Johnson, seconded by Mulvihill to .appoint Dana Sullivan to the Lakeville Area Arts Center Board, representing ISD 194, for atwo-year term expiring on December 31, 2001. Roll call was taken on the motion. Ayes, Johnson, Zaun, Mulvihill, Luick. Council Member Mulvihill nominated Harriet Lund to serve as an alternate member of the Lakeville Area Arts Center Board. 00.102 Motion was made by Mulvihill, seconded by Johnson to appoint Harriet Lund as the alternate member of the Lakeville Area Arts Center Board for aone-year term expiring on December 31, 2000.. Roll call was. taken on the motion. Ayes, Zaun, Mulvihill, Luick, Johnson. Council Member Luick pointed out that all four of the applicants for this position had expressed an interest in being involved with the Arts Center, whether or not they are. appointed to the Board. Mayor Zaun stated appropriate letters would be sent thanking all applicants for their interest. UNFINISHED BUSINESS None r CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 2000 PAGE 8 NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting June 19, 2000 Council work session, June 6, 2000 .Mayor Zaun adjourned the meeting at 8:23 p.m. Respectfully submitted, >, Charlene Frie ges, Ci Clerk Duane Zaun,. M r • •