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HomeMy WebLinkAbout05-05-97 CITY OF LAKEVILLE COUNCIL MEETING s MAY 5, 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was lead by members of the Happy Explorers 4-H Club. Roll call was taken. Present: Councilmembers Johnson, Sindt, Holberg and Mayor Zaun. Absent: Councilmember Mulvihill. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant, C. Friedges, City Clerk. MINUTES The minutes of the April 21, 1997, special and regular Council meetings were approved as presented. • STAFF ANNOUNCEMENTS Attorney: Mr. Knutson stated staff provided a revised resolution with a corrected legal description for the vacation of a portion of Setter Avenue, consent agenda item 71. Engineer: None Administrator: Mr. Erickson indicated that the Council interviewed a potential candidate for a vacancy on the Planning Commission prior to this evening's meeting, and the Council could consider making an appointment under New Business. Director of Operations & Maintenance: Mr. Volk presented the April monthly report of the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS Parks & Recreation Director Steve Michaud presented to the City Council a plaque designating Lakeville a "Tree City USA" community by the National Arbor Day Foundation. He also presented a proclamation proclaiming May 10, 1997, as Arbor Day in Lakeville. The Arbor Day celebration titled, "Seedlings, Sprouts & S'Mores", will take place at Ritter Farm Park. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 1997 PAGE 2 • Councilmember Holberg read the proclamation. 97.88 Motion was made by Holberg, seconded by Sindt to proclaim May 10, 1997, as Arbor Day in Lakeville. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Holberg. Senior Center Coordinator Linda Walter and Lakeville Prime Timers President Merle Brown presented a proclamation proclaiming May 11-17 as Senior Center Week. They provided highlights of the activities scheduled for Senior Center Week and throughout the year at the Lakeville Senior Center. Councilmember Johnson read the proclamation. 97.89 Motion was made by Johnson, seconded by Holberg to proclaim May 11-17, 1997, as Senior Center Week in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Johnson. . ALF Ambulance paramedic Patti McCauley presented a proclamation designating May 18-24, 1997, as Emergency Medical Services Week. Councilmember Sindt read the proclamation. 97.90 Motion was made by Sindt, seconded by Holberg to proclaim May 18-24, 1997, as Emergency Medical Services Week in Lakeville. Roll call was taken on the motion. Ayes, Sindt, Holberg, Johnson, Zaun. Chief Martens introduced Ms. Jennifer Hauer, Police Dispatcher. He also introduced six new Police Reserve Officers: Robert DoerFler, John Devine, Dan Johnson, James O'Laughlin, Lisa A. Schrick and Roger Yost. Mayor Zaun administered the oath of office and presented badges to the .new reserve officers. Don Volk introduced three new Operations & Maintenance Department employees, Jeremy Klotz, James Figgins and Eric Hall. CITIZENS' COMMENTS None • CONSENT AGENDA CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 1997 PAGE 3 Councilmembers removed Item 7n from the consent agenda and added Item 9 to the consent agenda. 97.91 Motion was made by Sindt, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, April 15th Parks & Recreation Committee, April 16th Snowmobile Task Force, April 17th Planning Commission, April 17th Cable TV Board, April 8th c. Letters of Understanding with Law Enforcement Labor Services Locals No. 128 and 129 and with Teamsters Local No. 320 regarding the choice of remedy clause. d. Resolution No. 97-96 adopting the non-exempt Liquor Stores' position salary structure. e. Findings of Fact and Recommendation for a cul-de-sac street length variance in Orchard Hills 1st Addition. f. Resolution No. 97-97 authorizing the sale of unclaimed property (bikes). g. Contract with Schlegel Auction Company. h. Resolution No. 97-98 receiving bids and awarding contract for 1997 miscellaneous bituminous street patching, overlay, curb and sidewalk repair, Improvement Project 97-2. i. Resolution No. 97-99 approving plans and specifications and setting a bid date for utility and street improvements in Kingswood Estates, Improvement Project 96-6. j. Set a Council work session for May 15, 1997, at 6:00 p.m. k. Resolution No. 97-100 approving plans and specifications and authorizing taking of bids for Liquor Store #4 Bid Package One, Improvement Project 97-18. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 1997 PAGE 4 • I. Resolution No. 97-101 vacating a portion of Setter Avenue as platted in Lyndale Lakes Club 2nd Addition. m. Receive ALF Ambulance annual financial report for year ended December 31, 1996. n. (Removed from consent agenda). 9. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit for Independent School .District No. 194 to allow placement of four portable classrooms at McGuire Jr. High School, 21220 Holyoke Avenue. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt. ITEM 7n Councilmember Johnson felt that some of the services provided by the Dakota County Soil & Water Conservation District (DCSWCD) for plat review and site . inspection are already provided in house by City staff, and this seems to be a duplication of services. Mr. Erickson suggested that the City staff and Council review the proposed agreement with DCSWCD and services provided by the City at the May 15th work session. 97.92 Motion was made by Johnson, seconded by Holberg to table consideration of an agreement with the Dakota County Soil & Water Conservation District relating to urban plat review and site inspection services pending review by the staff and Council at the May 15th work session. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Holberg. ITEM 8 Mr. Sobota presented the application of Glenn Hulburt for the preliminary and final plat of Blue Heron Bay, which consists of six single family residential lots on land located on the south side of 202nd Street, east of Kensington Way. He stated Mr. Hulburt is also requesting approval of a planned unit development conditional use permit to allow a five foot front yard building setback reduction on three lots, a lot width variance for three lots and a ten foot side yard building setback variance for one lot, and the vacation of a portion of Glendive Avenue. Mr. Sobota explained that approval of the aforementioned actions, including a • settlement agreement between the City, the Hulburts and the Olsons, will CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 1997 PAGE 5 • resolve three pending court actions. They are a boundary dispute between the Hulburts and the Olsons, a condemnation action brought by the City for the 202nd Street right-of-way associated with Improvement Project 93-12, and the Hulburts assessment appeal for the 202nd Street improvement project. Staff recommends approval of the preliminary and final plat, planned unit development conditional use permit, variance, vacation of Glendive Avenue and settlement agreement. Councilmember Johnson asked if any special erosion control measures would be needed due to steep slopes and proximity to Lake Marion. Mr. Sobota explained that erosion control will be provided as required by the City Code, which requires silt fence and staging of various parts of the grading. Mayor Zaun asked about activities prohibited within the private easement. He pointed out that the easement prohibits a boat lift and/or cover but makes no mention of a dock. Even though this would not involve the City, he suggested the applicant may want to include the dock. • 97.93 Motion was made by Johnson, seconded by Holberg to receive the Planning Commission's Findings of Fact and Recommendation and approve Resolution No. 97-102 approving the preliminary and final plat of Blue Heron Bay; a planned unit development conditional use permit to allow a five foot front yard building setback reduction on three lots; a lot width variance for lots 4, 5 and 6, block 1, and a ten foot side yard building setback variance for lot 6, block 1; Resolution No. 97-103 vacating a portion of Glendive Avenue; and a Settlement Agreement with Glenn & Diane Hulburt and Christopher & Rebecca Olson. Roll call was taken on the motion. Ayes, Zaun, Sindt, Holberg, Johnson. Mr. Bruce Malkerson, attorney for the developer, thanked the City Council and staff for working with his client to resolve the issues associated with this platting process. ITEM 10 Mr. Joe Carrano, representing Camas, Inc. requested Council consideration of an amendment to the Planned Unit Development Conditional Use Permit (PUD-CUP) and excavation permit for the Model Stone gravel mining site located south of 160th Street and east of Pilot Knob Road. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 1997 PAGE 6 i Mr. Sobota explained that the proposed amendment would allow the construction of a fly-ash silo greater than 45 feet in height for production of concrete products and a radio antenna height more than 20 feet above the roof line of the scale house/office building. Mr. Sobota explained that the proposal is consistent with the City's comprehensive plan and will be compatible with existing land uses of the area, Staff recommends approval. In response to Councilmember Sindt's questions, Mr. Carrano explained that fly-ash is not a bi-product of mining activities on site; it is brought in and stored inside the silo. 97.94 Motion was made by Sindt, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to the Planned Unit Development Conditional Use Permit and Excavation Permit for Camas, Inc. to allow the construction of a fly-ash silo greater than 45 feet in height and a radio antenna height more than 20 feet above the roof line of the scale house/office building located east of Pilot Knob Road and south of 160th Street. • Roll call was taken on the motion. Ayes, Sindt, Holberg, Johnson, Zaun. UNFINISHED BUSINESS Mr. Erickson requested an Executive Session immediately following the City Council meeting to discuss collective bargaining. NEW BUSINESS 97.95 Motion was made by Sindt, seconded Holberg to appoint Barbara Wanner to a vacancy on the Planning Commission for a term which will expire on January 1, 2000. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt. ANNOUNCEMENTS Next regular Council meeting, May 19, 1997 Council work session, May 15, 1997 Mayor Zaun adjourned the meeting at 8:17 p.m. • CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 1997 PAGE 7 Respectfully submitted, Charlene Friedges, ty Clerk Du ne Zaun, a r •