Loading...
HomeMy WebLinkAbout01-16-96 t CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1996 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was lead by Cub Scout Pack 111 from JFK Elementary School 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. Martens, Chief of Police; R. Brekken, Recreation Supervisor; T. Blumstrom, Environmental Engineer; C. Friedges, City Clerk. ITEM 3 The minutes of the January 2, 1996, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None Engineer: None Administrator: Mr. Erickson asked the Council to consider removing item 7q from the consent agenda and tabling action on that item until the February 5th Council meeting. Parks ~ Recreation: Recreation Supervisor Renee Brekken presented the December, 1995, Parks & Recreation Department monthly report. Police: Chief Martens presented the December, 1995, Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Lynn Jensen, Police Department Communications Technician. (Dispatcher). • t. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1996 PAGE 2 Mayor Zaun presented a recognition plaque to Eileen Fondell, Senior Center Coordinator, who is retiring after 10 years of service. Ms. Brekken introduced Linda Walter, the new Senior Center Coordinator. Ms. Brekken introduced .Michelle (Sfielli) Heinsch, Recreation Assistant. CITIZENS' COMMENTS None CONSENT AGENDA Councilmembers removed item 7q from the consent agenda. 96.10 Motion was made by Johnson, seconded by Sindt to remove item 7q from the consent. agenda and table consideration of a contract with Northwest Associated Consultants until the February 5, 1996, Council meeting, and approve the consent agenda items as follows: a. Claims for payment. b. Receive December Investment Report. c. Receive minutes of the following advisory committee meetings: Cable TV Board, December 12, 1995 Environmental Affairs Committee, January 2, 1996 Parks & Recreation Committee, January 3, 1996 Planning Commission, January 4, 1996 d. Resolution No. 96-5 approving final plans and specifications for reconstruction of CSAH 50 from Icenic Trail to Hamburg Avenue and downtown sanitary sewer, watermain, storm sewer and street improvements; and Agreement with Dakota County, Improvement Projects 94-1 D, 94-1 L and 94-13. e. Trunk storm sewer credits, Country Creek Estates. f. Final acceptance of utility and street improvements, Beachside. g. Authorize purchase and installation of trophy case for Lakeville Ames Arena • h. Resolution No. 96-6 authorizing transfer from Escrow (Developer) Funds. . i CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1996 PAGE 3 i. City of Lakeville Purchasing Policies dated January 16, 1996. j. Agreement with Dakota County et al for cost sharing of aerial photography, photogrammetry, hardware, software, training and maintenance. k. Resolution No. 96-7 accepting donation #rom Mr. & Mrs. John: McCarthy and ARMAC Computers, Inc. to the DARE program. I. Hardware Maintenance Agreement with Business Records Corp. for Optical Scan voting equipment. m. Agreement with South Forty Archery Club for use of Ritter Farm Park. n. Service maintenance contrac# with Trans-Alarm, Inc. for liquor store alarm equipment. o. Kaler-Wayside Park Transaction: • Amendment to Agreement with Curtis L. and Patricia A. Ka1er • Resolution No. 96-8 accepting donation of a portion of Outlot K, Orchard Lake • Quit Claim Deed • Grant of Permanent Easement p. Special Assessment Agreement with Wasatch Enterprises, Inc., 17145 Kenyon Avenue. q. (Removed from consent agenda). r. Resolution No. 96-9 authorizing stop signs. s. Joint Powers Agreement fore traffic'markings, street sweeping, crack sealing and sealcoating. t. Resolution No. 96-10 approving a gambling permit for Knights of Columbus Council 8367 for pull tabs at Lakeville Family Bowl u. Receive application of Kwik Trip, Inc. d.b.a. Kwik Trip. #692, for an off-sale .non-intoxicating malt liquor license at 20187 Dodd Boulevard, and call a public hearing for February 5, 1996. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 19~ PAGE 4 v. Appointment of Jim Robinette, Environmental Resources Director, as the delegate for selection of commissioners to the Vermillion River Watershed Management Organization. w. Acceptance of improvement and authorize final payment to Northwest ..Asphalt, Inc. for North Parkparking,lot improvements, ..Improvement Project 94-11B. x. Special Assessment Agreement with Country View Limited Partnership for reconstruction of Pilot Knob Road from County Road 46 to Farmington, Improvement Project 95-4. y. Resolution No. 96-11 accepting donation of hydrangea wreath .from Larkspur & Vines. z. Resolution No. 96-12 approving a gambling permit for Lakeville Hockey Boosters for pull tabs at Ole Piper Inn and Towers Restaurant & Lounge. aa. Set the annual Board of Review meeting for Tuesday, April 9, 1996, at 7:00 p.m. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 Environmental Engineer Todd Biomstrom presented ordinances. amending the Zoning Ordinance and Lakeville City Code concerning wetlands, minimum building. elevations, the Wetland Conservation Act (WCA) and excavating in certain wetlands. He explained that City staff has been working with State and Federal regulatory agencies and the Environmental Affairs Committee in order to reduce conflicts between the various wetland regulations and to streamline the wetland review-.:process. The proposed ordinance amendments are intended to reduce the conflicts between existing:wetland regulations and increase the efficiency of the wetland reviewprocess, while maintaining the City's effective policies for wetland protection. The current requirement for a conditional use permit for all wetland impacts would be eliminated. By implementing the proposed amendments, the City will be able to provide a simplified permitting process for local land owners and developers. He pointed out that the City's wetland regulations, under the proposed amendments, will be consistent with the wetland regulations of the State Wetland Conservation Act (WCA). i CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1996 PAGE 5 Ms. Diane Gossard, 17342 Junelle Path, stated that the State Legislature is considering changes to the WCA. She .asked whether it would override what the City is proposing. Mr. Knutson explained that at this point, the City can only speculate what the State Legislature is going o do. tf the State makes changes to the Wetland Conservation Act, ..:changes would automatically:=be :made at the City level, since he City has adopted the>Wetland Conservation°Act by reference. Ms. Gossard questioned the proposed one-for-one replacement versus the two- for-one replacement requirements for mitigation. Mr. Knutson explained that the proposed one-for-one mitigation relates only to excavations in wetlands, which is not covered by the Wetland Conservation Act. He further explained that the Wetland Conservation Act requires anywhere from a one-for-one mitigation to afive-for-one mitigation, depending upon the area. Ms. Gossard stated it is her understanding that the City has designated her property as a wetland. She asked how she would 'inform a potential buyer of her property where the actual wetland boundaries exist. Mr. Sobota explained .that land owners are typically responsible for identifying whether a wetland exists on their property. This would need to be done by a professional wetland biologist. He explained that the. City is only responsible for reviewing that information and working with the property owner for mitigation, typically when development of that property occurs. He stated the City has not specifically designated Ms. Gossard's property as a wetland, but a wetland that needs to be determined by a developer of that property. He stated that it may be in her best interest to hire a wetland biologist to delineate the area to determine the boundaries and type of wetland that exists. 96.11 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 566, an ordinance amending he Zoning.Ordinance, concerning wetlands and minimum building elevations; Ordinance No. 567amending Title 7 of the Lakeville City Code, concerning excavating in certain wetlands; and Ordinance No. 568 amending Title 9, Chapter 5 of the Lakeville City Code concerning the Wetland Conservation Act. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 16, 1996 PAGE 6 ITEM 9 .Cable Coordinator Chris Oace presented a recommendation from the Cable TV Board that the City Council request Marcus Cable to provide the City with 1994 certified financial statements, examined by an independent certified public accountant, by April 1, 4996. He explained that Marcus-Cable had submitted their 5% annual franchise fee, along with an accounting of their gross revenue for the previous year. Board membersreviewed the supporting documentation and felt there was a discrepancy in the data provided. Mr. Oace stated the Cable Board's request is consistent with Section 13.02 of the Cable TV Franchise. Councilmember Johnson asked if the City's finance department reviewed the information submitted by Marcus Cable. Mr. Oace stated the information will be sent to the Finance Department when additional financial statements are received. Mayor Zaun suggested that a work session be held between the City Council, Cable Board members and Marcus Cable in an attempt to review the Cable Board's request for additional financial information in lieu of sending a formal • letter.. 96.12 Motion was made by Johnson, seconded by Mulvihill to hold a work session with the Cable Board members and representatives of Marcus Cable to review the Cable Board's request for 1994 certified financial statements. Roll call was taken on the motion. Ayes,. Sindt, Mulvihill, Harvey, Johnson, Zaun. UNFINISHED BUSINESS 96.13 Motion was made by Sindt, seconded by Johnson to set a work session immediately following this evening's HRA meeting for the purpose of interviewing a Planning Commission applicant and a Cable Board applicant. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. NEW BUSINESS None. ANNOUNCEMENTS: Next regular Council meeting, February 5, 1996. Mayor Zaun adjourned the meetin at 8:.00 .m. 9 P CITY OF LAKEVILLE COUNCIL..MEETING JANUARY 16, 199fi PAGE 7 Respectfully submitted, Charlene Friedges, C' Clerk Dua a Zaun, May