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HomeMy WebLinkAbout03-17-97 CITY OF LAKEVILLE COUNCIL MEETING MARCH 17, 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; D. Morey, City Planner; R. Brekken, Parks & Recreation Program Supervisor; D. Martens, Chief of Police; D. Volk,. Director of Operations & Maintenance; Jim Robinette, Environmental Resources Director; D. Licht, NAC; N. Nelson, Barr Engineering; L. Gustafson, Deputy City Clerk. MINUTES The minutes of the March 3, 1997, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson stated staff had met at 6:30 p.m. with four individuals who had questions concerning the proposed sealcoating of District 2B, Improvement project 97-2. ADMII~TISTRATOR: Mr. Erickson informed the Council of a revised resolution for Item 71. Item 16 has a revised application for a cabaret license which clarifies the proposed time of operation. He stated the Parks & Recreation Director is requesting the Council consider under unfinished business, two resolutions needed for the Natural and Scenic Area Grant and Outdoor Recreation Grant Programs. Mayor Zaun stated this item would be added as agenda Item 19a. CIiIEF OF POLICE: Chief Martens presented the February, 1997, Police Department monthly report. PARKS & RECREATION DIRECTOR: Ms. Brekken, Program Supervisor, presented the February, 1997, Parks & Recreation monthly report. PRESENTATIONS/INTRODUCTIONS Sheila McGorman, representing Camp Fire Boys and Girls accepted a proclamation from the City Council which proclaimed March 15th through March 22nd, 1997, as Camp Fire • Birthday Week in Lakeville. t CITY OF LAKEVII..LE COUNCIL MEETING MARCH 17, 1997 PAGE 2 i 97.52 Motion was made by Mulvihill, seconded by Johnson to authorize the Mayor to sign the proclamation. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. CITIZENS' COMMENTS None CONSENT AGENDA The City Council removed Item 7h and added Items 15 and 19a to the consent agenda. 97.53 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. February Investment Report. c. Receive minutes of the following advisory committee meetings: • Environmental Affairs Committee, March 4, 1997 • Parks & Recreation Committee, March 5, 1997 • Planning Commission, March 6, 1997 • Cable TV Board, February 18, 1997 • Lakeville Ames 'Ice Arena Committee, February 26, 1997 • Traffic Safety Committee, March 4, 1997 • Economic Development Commission, February 25, 1997 d. Final payment and acceptance of improvements for construction of Well No. 11, Improvement Project 95-2. e. Resolution No. 97-57 approving plans and specifications and setting a bid date for Well No. 12 collection pipe, Improvement Project 96-IOB. f. Amendment to landscape maintenance contract with JeffReisinger Lawn Care. g. Production Assistant leave of absence from March 29 to June 14, 1997. h. (Removed from consent .agenda.) i. Maintenance contract .with Cramer Building Services for City Hall HVAC system. CITY OF LAKEVILLE COUNCIL MEETING MARCH 17,1997 PAGE 3 j. Paradise Hills subdivision credits for Ipava Avenue Improvements. k. S & B Limited (Verified Credentials) alternate security agreement. 1. Resolution No. 97-58 approving Kaler (Wayside Park) registered land survey, Resolution No. 97-66 accepting donation, and Resolution No. 97-67 for street vacation. m. Resolution No. 97-59 accepting donation from the Lakeville Jaycees to the Recreation Sponsorship Program. n. Encroachment Agreement for 20785 Holyoke Avenue with Dr. Gregory and Nancy Smith. o. Agreement for administrative subdivision, assessment agreements for storm sewer area charges and permanent and temporary easement agreements for the Chart House Restaurant complex. 15. Resolution No. 97-63 approving final plat of Highcroft Addition. 19a. Resolution No. 97-64 authorizing submittal of Natural and Scenic Area grant program application and Resolution No. 97-65 authorizing submittal of Outdoor Recreation grant program application. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 7h. Receive 205th Street feasibility study and authorize City Engineer to prepare plans and specifications for the construction of a trail on the south side of 205th Street between Jacquard Avenue and Kansas Avenue. Mr. Robert Klocker, 20514 Javelin Circle expressed his concern that the City maintain a buffer area between his property and the trail. He stated there are several trees on his property that he would like protected during construction of the trail. Mr. Erickson gave a short historical perspective on the proposed trail project. He stated the City's engineering department will be designing the project and doing the inspections. Engineering will attempt to preserve as much of the existing vegetation as possible. Mr. Nelson commented the trail has been moved north as far as possible. The proposed trail is in the City's right of way and it is not proposed to acquire any additional right of way. • CITY OF LAKEVII.LE COUNCIL MEETING MARCH 17, 1997 PAGE 4 Mayor Zaun stated Mr. Nelson would inform Mr. Klocker of the construction limits when the plans and specifications are completed. 97.54 Motion was made by Johnson, seconded by Holberg to receive 205th Street feasibility study and authorize City Engineer to prepare plans and specifications for the construction of a trail on the south side of 205th Street between Jacquard Avenue and Kansas Avenue. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 8 Mayor Zaun opened the public hearing on the District 2-B sealcoating program, Improvement Project 97-2. The Deputy City Clerk attested that the legal notices were duly published and mailed. The City Engineer showed a short video produced by the Minnesota Local Research Board and the Minnesota Department of Transportation on the benefits of sealcoating. He stated the sealcoating program was established in 1986 with at least one of seven districts being sealcoated each year. All streets within a district three years or older are proposed. to be sealcoated. The construction plans include spot overlays, curb. and sidewalk repair, draintile and catch basin repair. For the first time patching of streets will be .performed under private contract. Previously this was done by the Public Works Street Department. Mr. Nelson stated the sealcoating will be performed under a separate contract through a joint powers agreement with the City of Burnsville. The total estimated project cost is $391,200 of which approximately $149,700 is proposed to be assessed to benefiting property owners. A single family residential unit assessment is proposed to be $101.81 including the $4.00 per parcel Dakota County special assessment administration charge. Mr. Feller explained :the project will be assessed over a two year period with the interest estimated at eight percent. After the assessment hearing in the fall, property owners will have thirty days to prepay the assessment in full without any interest being charged and by prepaying they may deduct the $4.00 administration charge. Property owners will receive mailed notice of the assessment hearing. If the assessment is not paid in full, the assessment will be certified to the 1998 and 1999 tax statements. Ms. Michele Larson, 16351 Goodview Trail, voiced her objection to the assessment as she assumed property taxes should pay for street work. She stated her street is not seven years old and that it should not be sealcoated until it is. CITY OF LAKEVII.LE COUNCIL MEETING MARCH 17,1997 PAGE 5 • Mayor Zaun stated a portion of taxes are used for city streets but many citizens do not live on blacktopped streets. The City Council adopted the current policy in 1986 in an attempt to be fair to all Lakeville citizens. Mr. Erickson stated Ms. Carson's street, if not sealcaated this year would be approximately twelve years old before being sealcoated. Due to Minnesota weather conditions and the need to maintain the City's investment in streets, sealcoating has to be done on a regular cycle of approximately seven years. He explained that the commercial and industrial properties as well as the approximately 11,000 residential property owners pay 65% of the overall costs associated with the sealcoating project through ad valorem taxes. Ms. Larson commented she would have liked more notice of this assessment. Mr. Erickson responded the Message Page would be a good vehicle to notify property owners well in advance of a hearing. Councihnember Sindt stated she was concerned with the condition of 207th Street in the downtown area. Mr. Erickson stated that staff is recommending 207th Street from Dodd Blvd. to the CP rail be overlayed this summer. 97.55 Motion was made by Johnson, seconded by Sindt to close the public hearing. Roll call was taken on the motion.. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. 9?-56 Motion was made by Holberg, seconded by Sindt to approve Resolution No. 97-60 ordering public improvement and preparation of plans and specifications for District 2B Sealcoating Improvements and Kenyon Avenue Overlay, City Improvement Project 97-2. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 9 Mr. Licht presented a proposed work program for the Lakeville Comprehensive Plan Update previously, reviewed by the Planning Commission .and City staff. The current Comprehensive Plan was last updated in 1988 and based on a legislative mandate the City must complete an update by December, 1998. The formulation of a Comprehensive Plan update would be conducted in three phases. Mr. Licht stated the work program would involve three tasks. Task I consists of three elements; l) Inventory and community profile, 2) Planning tactics, and 3) formulation of a land use recommendation and plans for areas currently identified as rural service areas. Task II-Planning Tactics would include participation in group meetings by the City Council, Planning Commission, the City's advisory boards and neighboring cities. CITY OF LAKEVII.LE COUNCIL MEETING MARCH 17,1997 PAGE 6 Additionally, data from the 1997 community survey would be reviewed. Task-III, rural service areas, is proposed to be the first geographic area of the City to receive attention in the Comprehensive Plan update. This program will begin with neighborhood meetings in the three rural areas; the east rural service area, the southwest rural service area, and the northwest rural service area. Following those meetings, a written summary will be presented to the Planning Commission and City Council with a public hearing scheduled after the final document has been completed. Mayor Zaun asked Mr. Licht if the worksheets and data gathered by NAC would be consistent with what the Metropolitan Council requires. Mr. Licht stated all documents will comply with the outline provided by the Met Council. Councilmember Johnson questioned if the 2020 MUSA line will be delineated when the updated plan is completed. Mr. Licht responded this would be one overall objective of the work program. He commented the MUSA is important but whereas the issue of the 80's was sanitary sewer, the major issue of the 90's will be transportation. 97.57 Motion by Johnson, seconded by Mulvihill to authorize NAC to proceed with the Comprehensive Land Use Plan update per their proposal dated February 17, 1997, at a cost not to exceed $32,500.00. • Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 10 Mr. Nels Nelson reviewed the final draft of the Lake Marion Diagnostic Feasibility Report. This report is one of the first major efforts funded by the Stormwater Utility Fee authorized by the City Council in mid 1993. The Lake Marion report was motivated by a finding in the Stormwater Management process that indicated with full development, recreational use might be impaired on the lake. Sampling from three locations in the lake (upper, lower and middle), including from the top and bottom, as well as from the three major inlets, provided data about the internal workings of the lake. Findings indicate the lake is in fairly good shape, with phosphorus levels apparently decreasing. However, the lake does not remain in a good condition throughout the year. Modeling was used to predict the future and what could be done to improve the condition of the lake. Four techniques Mr. Nelson suggested are: 1. Control of the Curlyleaf Pondweed which are a source of nutrients for the algae. 2. Control bottom loading with an alum treatment expected to last five to ten years. 3 . Construction of two additional ponding basins.. 4. Construction of two grit chambers. CITY OF LAKEVII..LE COUNCIL MEETING MARCH 17,1997 PAGE 7 Councilmember Johnson asked what factors cause the span of five to .ten years the chemical treatment may last. Mr. Nelson responded the dosage rate, plants on the lake bottom or the rate of additional sediment would cause a difference in the number of years the treatment will last. Mr. Nelson informed the Council of the proposed program for Curlyleaf Pondweed (CLPW) treatment. The original plan, requiring a permit from the DNR, was to eradicate the CLPW in one operation. done early in the spring. However, the DNR wants a test demonstration, so the proposal is to do the project in May, 1997, with treatment in two pilot plot areas testing whether they can selectively knock out the CLPW without injuring the native species. Conventional treatment will be done in the two bays in the south basin. Mayor Zaun indicated several changes which need to be incorporated into the documents presented to Council. He inquired as to the long term effect of the alum treatment on the lake bottom. Mr. Nelson said the majority of lake treatments are done with alum and there is no indication of any long term harmful effects. Mr. Erickson gave credit to the homeowners association for participating in the sampling and their support of the CLPW treatment. The Mayor stated the Council would like to review the proposal received from the company that will be hired to apply the CLPW treatment. Councilmember Holberg • asked if it would be necessary to limit use of the lake. Mr. Nelson stated the herbicide used is the same aquatic herbicide used by homeowners. The only change is the application of the herbicide early in the year. 97.58 Motion by Johnson, seconded by Mulvihill to receive the feasibility report as presented and authorize the Curlyleaf Pondweed test plot treatment. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 11 Mr. Nelson reviewed the proposal for the Orchard Lake Water Quality Management Plan. He stated the study involved two years of monitoring data obtained from samples taken from various locations around the lake. The Lake Marion. data on phosphorus loading numbers can also help predict the impacts of future changes in Orchard Lake's watershed. Councilmember Sindt asked if Bracketts Crossing Golf Course increased the phosphorus loading on the lake. Mr. Nelson stated that question had been debated but the latest policies of the American Turf Association and the Minnesota Pollution Control Agency tend to show that healthy turf grass does not export much phosphorus. He stated the Bracketts' package sewer plant operated when Minnreg Country Club owned the golf course, may have coated the bottoms of several ponds with phosphorus. The plan includes treating the five ponds located on the course with an alum treatment. Mr. Erickson commended Tom Smith for his cooperation and willingness to work with the CITY OF LAKEVII.LE COUNCIL MEETING MARCH 17,1997 PAGE 8 • City in anticipation of the alum treatment. The Orchard Lake homeowners are aware of and support the treatment as outlined. 97.59 Motion by Holberg, seconded by Sindt to authorize the Orchard Lake Water Quality Study and the alum treatment of storm water ponds in Bracketts Crossing. Roll call was taken on the motion. Ayes, .Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 12 Mr. Nelson stated that in 1996 the DNR had expanded their protected waters inventory to include two additional streams in Lakeville as trout streams. Barr Engineering has held meetings with various advisory committees where .the trout stream issue was discussed. Based on these meetings it was concluded very little data is available, therefore, Barr Engineering was asked to prepare a proposal to monitor the South Creek/Airlake trout streams. 97.60 Motion by Johnson, seconded by Sindt to authorize Barr Engineering to prepare a study of the South creek/Airlake trout stream. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 13 Mr. Feller outlined the amendments to the Storm Water Management Utility Fund Budget staff is recommending to the Council. 97.61 Motion by Holberg, seconded by Johnson to approve Resolution No.97-61 amending the 1997 and 1998 Storm Water Management Utility Fund Budgets. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 14 Mr. Mark Applebaum, representing Marell, Inc. and Mr. Ralph Wagner, Probe Engineering, requested Council approval of the final plat for Kenridge. Mr. Morey presented the final plat of Kenridge, which represents the Phase I development of 74 single family residential lots located on the east side of Flagstaff Avenue, south of 175th Street West. A lot variance for Lot 6, Block 2, allowing less than the 18,000 square foot lot area required by ordinance for a corner lot is being requested because of the need for a lot line adjustment due to the existing pipeline easement and substation CITY OF LAKEVII.LE COUNCII. MEETING MARCH 17,1997 PAGE 9 location. The final plat includes three outlots of which Outlot B is being dedicated to the City for storm sewer ponding. Mr. Morey stated .the developer will construct an eight foot trail on the east side of Flagstaff Avenue from the south border of the plat north to 175th Street West. There is existing trail north of 175th Street however, it is located on the west side of Flagstaff. Due to the construction of the North Trail Elementary School, staff feels it is necessary to complete the trail along the east side of Flagstai~ Staff is proposing either the City or the developer of Kenridge, if reimbursed by the City, construct a trail on the east side north to 170th Street. Affected property owners will be invited to attend the Parks & Recreation Advisory committee meeting on April 16, 1997, to discuss the need and feasibility of the trail Mr. Morey stated staff recommends Council approve the final plat of Kenridge and the lot area variance. Councilmember Sindt asked if there would be a trail through any part of Kenridge to connect with the North Trail Elementary School. Mr. Morey stated the property proposed to be developed west of North Trail Elementary (Hester and Hams property) sketch plans • are proposed to include trail connections to the school. 97.62 Motion by Sindt, seconded by Mulvihill to approve Resolution No. 97-62 approving the final plat of Kenridge, subject to 14 stipulations as outlined in Daryl Morey's planning report dated February 14, 1997; and receive the Planning Commission's Findings of Fact and Recommendations and approve a lot variance for Lot 6, Block 2 of the final plat. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 16 Ms. Marilyn Edlund, Assistant Manager, and Mr. Lorie Kjergaard, General Manager, of Crystal Lake Golf Club reviewed their application for a cabaret license. The application requests a license for three dates, June 6, June 20, and July 26, 1997. A tent would be erected on the practice tee area and musical entertainment would be included on each date. The Golf Club staff is willing to work with the Police Department and will send written notice of the public hearing to the neighborhood around the golf course. Chief Martens commented this is the first request for a cabaret license for a business that did not hold a Class One liquor license. Councilmember Sindt asked. what direction the open side of the tent will face. Ms. Edlund stated the tent will face toward the driving range and wetlands. Mr. Erickson noted sound can carry a great distance and staff anticipates hearing from an individual (s) regarding the proposal. CITY OF LAKEVII.,LE COUNCIL MEETING MARCH 17,1997 PAGE 10 97.63 Motion by Johnson, seconded by Sindt to receive the application of Crystal Lake Golf Club for a cabaret license and call a public hearing for Apri17, 1997. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. .ITEM 17 Mayor Zaun stated Council had received applications from twelve citizens interested in serving on the Economic Development Commission. Councilmember Johnson was impressed with the quality and array of talent of the applicants. 97.64 Motion by Johnson, seconded by Mulvihill to appoint Mr. Dick Miller to the Economic Development Commission for the remainder of a term which will expire on January 1, 1998, and extend the term of Commissioner Gary Tushie to expire on January 1, 2000. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 18 • Mr. Erickson requested the Council set a date for a City Council work session. 97.65 Motion was made by Johnson, seconded by Sindt to schedule a work session for Apri12, 1997, at 5:00 p.m. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS None NEW BUSINESS ANNOUNCEMENTS: Next regular Council meeting, April 7, 1997. Board of Review meeting, April 8, 1997. Mayor Zaun adjourned the meeting at 9:25 p.m. Respectfully submitted, es a Gustafson, Deputy ity Clerk Duan Zaun, Ma or Y