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HomeMy WebLinkAbout02-05-96 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1996 The meeting was called to order at 7:00 p.m. by Mayor Zaun. Webelo Pack 261 from. Orchard Lake Elementary School presented the colors and lead the pledge of allegiance to the flag. 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; S. Michaud, Parks & Recreation Director;. D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the January 16, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: :None Engineer: None Administrator: Mr. Erickson asked the Council to consider, under new business, setting a Council work session for the purpose of interviewing applicants for a vacancy on the Planning Commission. Mr. Erickson provided a memo from the .Community & Economic Development Director :requesting an amendment in the wording of Consent Agenda item 7j. Director of Operations ~ Maintenance: Mr. Volk presented the January monthly report of the Operations & Maintenance Department. Mayor Zaun acknowledged receipt of a Certificate of Commendation from Governor Carlson to the City of Lakeville for joint partnership in street maintenance. Mayor Zaun presented the certificate to Mr. Volk and thanked him for his efforts. PRESENTATIONS/INTRODUCTIONS None CITIZENS' COMMENTS None .CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 2 CONSENT AGENDA 96.14 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as .presented, with a change in the wording of Item 7j as recommended by the Community & Economic Development Director. a. Claims for payment. b. Receive minutes of the following advisory committee meetings: - Environmental Affairs Committee, January 16, 1996 - Cable TV Board, January 9, 1996 - Ice Arena Advisory Committee, January 24, 1.996 - Planning Commission, January 25, 1996 c. Agreement for Professional Planning Services with Northwest Associated Consultants, Inc. d. Resolution No. 96-13 authorizing acquisition of property interests for sanitary sewer extension to Farmington Elementary School, Improvement Project 96- 3. e. Accept offer from Dakota County for easement acquisition of City-owned properties adjacent to County Road 46 and CSAH 50. f. Approve Wetland Replacement Plan for County State Aid Highway 50, Improvement Projects 94-13 and 94-14. g. Approve Wetland Replacement Plan for Rock Island Townhomes. h. Resolution No. 96-14 receiving bids and awarding contract to Jeff Reisinger Lawn .Care for landscape maintenance. i. Resolution No. 96-15 amending the Fire Department budget. j. Grant extension of the preliminary plat of Orchard Hills First Addition through July 1, 1996. k. Grant personal leave to Liquor Store employee, Bruce Leno. I. Resolution No. 96-16 approving a gambling permit for All Saints Parish. m. Cigarette .license for Kwik Trip #692, 20187 Dodd Boulevard. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 3 n. Cigarette license for Twin Cities Stores, Inc., dba Oasis Market, 16000 Cedar Avenue (formerly Brook's Food Market). o. Approve City of Lakeville Police Reserve Unit By-Laws dated February 5, 1996. p. Change Drder No. 5 and final payment to Greystone Construction Company for renovation of Fire Station No. 1. q. Final payment and acceptance of improvements for construction of Well No. 10, Improvement Project 94-9A. r. Credits for storm sewer area charge for ISD 194, Lakeville High School Addition. s. Easement Agreements for 202nd Street, Improvement Project 93-12. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 Mayor Zaun opened the public hearing on the application of Kwik Trip, Inc. for an off-sale non-intoxicating malt liquor license at 20187 Dodd Boulevard. Police Chief Martens reported that the application has been reviewed and is in order. Background checks were conducted on the store manager and the two owners. Property taxes have been paid in full, and proof of insurance as required by ordinance has been submitted. He stated. the Police Department has no objection to a license being granted as requested. 96..15 Motion was made by Johnson., seconded by Sindt to close the public hearing. Roil call was aken on the motion. Ayes, Zaun, Sindt, Mul~ihi 1, .Holberg, Johnson. 96.16 Motion was made by Johnson, seconded by Mulvihill to grant an off-sale non- intoxicating malt liquor license to Kwik Trip,. Inc., d.b.a. Kwik Trip #692, located at 20187 Dodd .Boulevard. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 4 ITEM 9 Mayor Zaun opened the public hearing on the designation of Juno Trail. as a bikeway from 205th Street to the north section line of Section 25, Township 114, Range 21, and prohibiting motor vehicle traffic on the bikeway. The City Clerk attested that legal notices were duly published and mailed. City Attorney Roger Knutson explained that the process of closing Juno Trail to motorized vehicles began approximately two years ago with City Improvement Project 93-12, sanitary sewer,. watermain, storm sewer, street and trail improvements to 202nd Street/Juno Trail. As stated in the proposed resolution, limited use of the trail by motor vehicles would be allowed by adjacent property owners to install, remove, repair and maintain privately owned boat docks, boat lifts and similar equipment. Mr. Knutson read a letter from Wally & Ardyce Potter, 10725-202nd Street W., in support of the Juno Trail project. 96.17 Motion was made by Sindt, seconded by Johnson to receive the: letter from Wally. & Ardyce Potter dated January 29,1996.. Roll .call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. Parks & Recreation Director Steve Michaud explained that this project was made a part of the 1994 Park Bond Referendum, which provides funding for the construction of a pedestrian trailway along Juno Trail. The project was bid in conjunction with the 202nd Street project. He stated that the trail is paved, however, minor seeding and restoration work along the trail will be completed this spring.' Bollards will be constructed at both ends of the trail, along with a turn-around area adjacent to the Christian property for motor vehicles. Mayor Zaun opened the public hearing to questions and comments from the audience. Gene and Dorreen Rechtzigel, 19799 Juno Trail, voiced their opposition to the closing of Juno Trail to motor vehicle traffic.. Mr. Rechtzigel stated he felt that the road could have remained open, with some type of compromise being reached, such as a lower speed limit. He asked if there are any plans to continue the pavement on Juno Trail north to Caspersen Park. He also asked if adjacent property owners will be assessed for trail. paving or lighting. CITY OF t..AKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 5 , Mr. Michaud stated there are no current plans to pave Juno Trail north. to Caspersen Park. He further stated there will be no assessments to the property .owners for trail improvements. Mr. Henry Rogers, 10583 - 202nd Street, stated he would like to have reasonable motor vehicle access to the trail throughout the summer season, rather than inviting it to a wo week period in the spring and fall of the year. Mr. Michaud stated that staff intends to be flexible with the residents to meet theirneeds throughout the year. Mr. Rogers suggested that the wording in the resolution be changed to reflect the City's intentions to allow the residents reasonable access at all times. Mr. Knutson suggested that Paragraph #4 of the resolution be amended by deleting the words, "During the spring and fall of each year (approximately the last two weeks of April and thefirst two weeks of October)". Councilmember Sindt asked if snowmobiles will be allowed on the trail. Mr. .Michaud stated they are not allowed on the trail at this time. Councilmember Johnson stated he feels the beauty of this area will be enhanced by prohibiting motor vehicle traffic on Juno Trail Mr. Erickson thanked the residents for their cooperation. 96.18 Motion was made by Holberg, seconded by Johnson to close the public hearing. Roll call was taken on the motion. Ayes., Holberg, Johnson, Zaun, Sindt, Mulvihill. 96.19 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 96-17 prohibiting motor vehicle traffic on Juno Trail from 205th Street to the- north line of Section 25, Township .11.4 North, Range 21 West, and providing seasonal motor vehicle accessto Juno Trail fore adjacent property owners, effective February 5, 1996, with the deletion of the following wording in Paragraph #4, "During the spring and fall of each year (approximately the last two weeks of April and the first two weeks of October)," Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 6 ITEM 10 The City .Engineer presented the Addendum to the Comprehensive Water System Plan Update and the Water Supply Emergency Management and Conservation Plan. He stated the plans were submitted to the Metropolitan Council and the DNR. Based on comments received from the DNR, Addendum #1 to the Water Supply Emergency Management and Conservation Plan was prepared. The DNR has now approved the plan with Addendum #1. Mr. Naeem Qureshi of Progressive Consulting Engineers, Inc., provided an overview of the two plans as follows: Lakeville Conservation and Emergency Management Plan • Water Supply System Description and Evaluation • Emergency Planning • Water Conservation Planning • Items for Metropolitan Area Public Suppliers Water Supply Description and Evaluation • Good Water Supply Planning Resulted in Adequate: - Supply - Storage - Water Quality Emergency Planning • City is Well Equipped to Handle Emergencies - Interconnection with Adjoining Cities -Two Power Sources - Scattered Wells -Adequate Well Firm Capacity Implementation Plan • No increase in per capita water consumption. • Increased public education. Water Treatment Plant tours. • Public education to reduce lawn sprinkling from 10 am to 7 pm. • Change meters over 20 years old. • Leak detection to reduce unaccounted for water to below 7°~. • Establish emergency water rates when necessary. Water Conservation • Water Conservation Incorporated into Water System Planning by: - Metering CITY OF LAKEVILLE COUNCIL MEETING. FEBRUARY 5,1996 PAGE 7 -Conservation Oriented Water Rates - Education and Information Program Councilmember Mulvihill asked what type of emergency would warrant an increase in water rates. Mr. Qureshi explained that an emergency water rate increase could be implemented if a natural disaster, such as a tornado, would occur. As a follow-up to the proposed implementation plan, Mr. Erickson stated the City is currently implementing a 3-year meter change out program. With regard to leakage, he explained that a good share of the leakage is in spring and fall flushing, which will be eliminated when the new water treatment plant goes on line. He also stated that City staff will proceed with a significant public information program regarding lawn sprinkling. 96.20 Motion was made by Johnson, seconded by Sindt to .receive and adopt the Addendum to Comprehensive Water System Plan Update and the Water Supply Emergency Management and Conservation Plan. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 11 The Parks & Recreation Director presented a Real Estate Purchase Agreement with Walter W. and Claudette King for the acquisition of 48 acres of the Walt King Jr. farm located east of Dodd Boulevard, across from the existing King homestead. He explained that as part of the 1994 park bond referendum, funding was allocated for the purchase and development of a youth athletic complex. The appraised value of the property is $9,000 per acre. The King family has agreed to sell the property for $7,000 per acre and donate the additional $2,000 per acre value to the City. Mr. Michaud presented a preliminary-site .concept and grading plan, stating this youth athletic complex will have a similar design to that of the Quigley Sime Park. Staff .recommends approval of the proposed purchase: agreement, letter of appraisal and resolution accepting the donation. 96.21 Motion was made by Mulvihill, seconded by Johnson to approve a Real Estate Purchase Agreement with Walter W. King, Jr. and Claudette King for 48 acres of property located east of Dodd Boulevard; a letter of appraisal from Mark Parranto dated January 12, 1996; and Resolution No. 96-18 accepting the donation of a portion of the value of the King property. CITY OF LAKEVIL~E COUNCIL MEETING FEBRUARY 5,1996 PAGE 8 Roll call was taken on the motion. Ayes, Sindf, Mulvihill, Holberg, Johnson, Zaun. ITEM 12 Mr. Rick Wright of Progress Land Company, Inc. and Tim Thone of Thone.. Builders & Developers requestedCouncil approval of a rezoning and Planned Unit Development Agreement.for Golden Pond First Addition. Mr. Sobota explained #hat the request is for the rezoning of 16 single family lots from R-2, Single Family Residential District, to PUD, Planned Unit Development District. The rezoning would allow the development of 32 twin home units along the south side of 212th Street West. He went on to explain that the developer's request to rezone the property was made in response to the groundwater conditions in this area, which make the construction of basements for single family dwellings. irnpractical. The proposed rezoning would allow the construction of 32 slab-on-grade twin home units on the 161ots. Staff recommends approval of the proposed rezoning and PUD agreement. Councilmember Johnson asked if lot s"rzes need to be adjusted from what was originally approved Mr. Sobota explained that current R-4 standards would not allow the lots to be split, this being the reason for the proposed .rezoning to PUD. Mr. Erickson stated that even though the square footage of the lots do not meet the new R-4 standards, all setbacks being proposed do meet the new requirements. Councilmember Holberg asked about the proposed landscape plan, which provides for one significant tree per housing unit. She felt that one tree per unit was not enough, given the fact that the twin homes are adjacent to single family homes. Mr. Erickson. explained.-.that the Planning Commission preferred the developer's original landscape plan over tafPs recommendationfor additions landscaping (conifer trees), which thedeveloper was willing to provide. Councilmember. Mulvihill stated she is opposed to the building of homes with no basements, as they provide no storm shelter. Mayor Zaun asked about the .anticipated market for these homes. Mr. Thone stated they are typically sold to persons who are at, or close to, retirement age. . Based on the market of these homes in the City of Woodbury, they will generate very few school-aged children. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 9 96.22 Motion was made by Johnson, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 569 rezoning property from R-2, Single Family Residential District, to PUD, Planned Unit Development District, and a Planned Unit Development Agreement for Golden Pond First Addition. Roll call was oaken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 13 Mr. Sobota presented the City of Lakeville Community Marketing Plan. He explained that the Plan is designed to ensure that the City of Lakeville prospers. The plan identifies types of businesses that would be complimentary to existing. businesses and those target business types that would be most likely to benefit by locating in Lakeville. To implement the plan, partnerships between landowners, developers, contractors and real estate companies to jointly attract prospective business owners to locate or relocate to the City of Lakeville will be pursued. He stated the goal is o identify and locate four new businesses in Lakeville during 1996. The plan will be updated on an annual basis. 96.23 Motion was made by Mulvihill, seconded by Sindt to approve the City of Lakeville Community & Economic Development 1.996 Marketing Plan. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 14 96.24 Motion was made by Mulvihill, seconded by Johnson to appoint Richard Schwartz and Robert Crumpton, Jr. to the Cable TV Board for two year terms, which will expire on January 1, 1998. Roll-call was-oaken on the motion. Ayes,-Johnson, Zaun, Sindt, Mulvihill, Holberg. .ITEM 15 96.25 Motion was made by Sindt, seconded by Mulvihill to appoint Wendy Wulff to the Planning Commission for the remainder of a three year term, which will expire on January 1, 1997. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 10 Roll. call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. UNFINISHED BUSINESS None. NEW BUSINESS 96.26 Motion was made by Johnson, seconded by Mulvihill to set a Council Work Session to interview Planning Commission applicants on February 20, 1996, immediately following the regular City Council meeting. Roll call. was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. Councilmember Sindt suggested that some type of certificate of appreciation be sent to the residents who live along Juno Trail. Mr. Erickson suggested that some type of recognition could be done in conjunction with the Lake Marion Homeowners Association annual picnic. Mr. Erickson asked if it was the Council's intention to pursue an ordinance amendment allowing for a Lakeville police officer to serve as an ex-officio member of the Planning Commission, as discussed at a recenf Council work session. 96.27 Motion was made by Mulvihill, seconded by Sindt to direct the City Attorney to prepare an ordinance amendment allowing for a Lakeville police officer to serve as an ex-officio member of the Planning Commission. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ANNOUNCEMENTS Next regular Council meeting, Tuesday, February 20,1996. Mayor Zaun adjourned the meeting at 8:57 p.m. Respectfully submitted, Charlene Friedges, Cit Clerk CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5,1996 PAGE 11 D ane Zaun, a r •