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Home My WebLink About04-20-09CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 20, 2009 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Holly Dahi Council Member Kerrin Swecker Council Member Laurie Rieb Council Member Bellows Council .Member Wendy Wulff Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police. Chief Zach Johnson, Assistant City Engineer Dennis Feller, Finance Director David Olson, CED Director Steve Michaud, Parks 8~ Recreation Director Daryl Morey, Planning Director Allyn Kuennen, Associate Planner Brian Anderson, Assistant to City Administrator Charlene Friedges, City Clerk Mr. Mielke asked the City Council to add the renewal of two tree work licenses to the consent agenda (item bn). Presentations/Introductions Spotlight on Business: Economic Development Commission member Jeannie Schubert provided information on Brackett's Crossing Country Club and introduced General Manager Steve Allen.. Kevin McCarney asked the City Council to proclaim May 7, 2009 National Day of Prayer in Lakeville. Council Member Wulff read the proclamation. Jon Ridge, Executive Director of the Minnesota Council of Hostelling International, provided information regarding the Ironman Bike Ride, which will take place on Sunday, April 26,.2009. Parks 8~ Recreation Director Steve Michaud asked the City Council to proclaim April 25, 2009 as Arbor Day in Lakeville. This year's Arbor Day CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 20, 2009 Page 2 observance and tree sale will be held at the Central Maintenance Facility. Council Member Rieb read the proclamation. Citizens' comments None Consent agenda Council members added Item 9 to the consent agenda. 09.24 Motion was made by Bellows, seconded by Swecker to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the April 6, 2009 City Council meeting. c. Receive minutes of the April 2, 2009 Planning Commission meeting. d. Amendment to the City of Lakeville Policy Manual to incorporate changes to the Family and Medical Leave Policy and .the Layoff Policy. e. Liquor license amendment for Teresa's Mexican Restaurant to allow the sale of alcohol and live entertainment in the fenced-in area of the parking lot on May 5, 2009. f. Joint Powers Agreement with Dakota County for household hazardous waste collection. g. Agreements for recreation program services. with the following independent contractors: • Kris Jedda, 10,000 Wakes • Sheryl Maize, Crystal Lake Golf Course • John Elasky, Boulder Pointe Golf Course • Sandy Lynch, Lynch Athletic Camps • Terry Schar, South Forty Archers • Chet Gunhus, Youth Enrichment • Mark Reamer, Adult Umpire Coordinator • Ann Graney Hoffman, Golden Ridge Stables, Inc. CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 20, 2009. Page 3 h. Change Order No. 1209 with ASI Modulex in the amount of $425.00 for the Police Department project. i. Morgan Square 3rd Addition preliminary plat extension. j. Tullamore preliminary plat extension. k. Crescent Ridge 2nd Addition preliminary plat extension.. I. .Agreement. with TeeMark Sweetwater Technology for alum treatmen# on Lee Lake. m. Resolutions No. 09-27 and 09-28 approving lawful gambling .premises permits for Lakeville Lions at Carbone's Pizza Bar 8~ Grill and EI Lorito Mexican Restaurant. n. Renewal of tree work licenses for Oleson Tree Service and Tupy 8~ Kubes Tree Service. 9. Resolution No. 09-30 approving the preliminary and final plat and. Final Stage Planned Unit Development of Timbercrest at Lakeville bt" Addition. Roll call was taken on the motion.. Ayes, unanimous. Item 7 -Certification of Delinquent Utility Accounts Mayor Dahl opened the public hearing on the certification of delinquent utilities. The City Clerk attested to legal notices being duly published and mailed. Finance Director Dennis Feller presented the list of 675 accounts proposed to be certified for collection with 2010 taxes. In addition to certifying the amount delinquent, the City also collects a $35 service charge per account and 18~ interest. The total amount proposed to be assessed is $198,097.93. Mr. Feller explained that the number of accounts and delinquent amount has increased about 12~ over last year. 09.25 Motion was made by Bellows, seconded by Swecker to close the .public hearing on the certification of delinquent utility accounts. CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 20, 2009 Page 4 Roll call was taken on the motion. Ayes, unanimous. 09.26 Motion was made by Swecker, seconded by Rieb to approve Resolution No. 09-29 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Audi#or to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, unanimous. Item 8 -Metro Equity Management Holt Avenue Parking Mark. Hotzler of Metro Equity Management, LLC, requested Council approval of a conditional use permit amendment to allow the expansion of an off-site parking lot on the west side of Holt Avenue, north of 207tH Street. Associate Planner Allyn. Kuennen presented the proposed conditional use permit amendment. He explained that the original conditional use permit was approved in April 2008, which allowed the existing 23 space parking lot to be expanded to 44 parking spaces with one additional access onto 207th Street. However, the owner of the private landscape easement across the existing 23 stall parking lot (Glen Nord) has not agreed to eliminate the easement at the request of Metro Equity Management. Vacation of the easement is required to allow the new parking lot to be constructed as designed and approved in 2008. Therefore, Metro Equity Management is requesting an amendment to the conditional use permit to construct a separate l2 space parking lot on the property north of the landscape easement. The Planning Commission unanimously recommended approval subject to four stipulations. Council Member Swecker stated that while she feels the fencing and landscaping around the parking lot will look nice and provide a buffer for the adjacent residents, she was concerned with the height of the fence and landscaping from a safety standpoint for those going to and from their vehicles. Mr. Kuennen stated that staff was also concerned with creating an alley affect; however, the proposed parking lot meets all zoning ordinance requirements. CITY OF LAKEVILLE COUNCIL MEETfNG MINUTES APRIL 20, 2009 Page 5 Glen Nord stated there was a change made to the conditional use permit amendment since it was approved by the Planning Commission, and he asked the Mayor if he could address the Council regarding this change. Mayor Dahl recessed the Council meeting at .7:34. p.m. to allow the developer and Mr. Nord an opportunity to discuss the stipulations of the. conditional use permit amendment. Mayor Dahl reconvened the meeting at 7:47 p.m. Mr. Mielke stated the plan before the Council is consistent with what was recommended for approval by the Planning Commission. The misunderstanding between Mr. Nord and the developer was related to the storm water drainage requirements and the location of the drainage tile. Because Mr. Nord would not agree to any parking lot improvements within the existing private landscaping easement, it was stipulated by the Planning Commission that storm water drainage improvements occur within public right-of-way or public drainage and utility easements. As such, staff recommends that the drainage tile, if needed, would run underneath the sidewalk within the public right of way. The sidewalk. would need to be replaced, and the two trees, if damaged and removed, would be replaced by the developer at the caliber required by the zoning ordinance. 09.27 Motion was made by Swecker, seconded by Wulff to adopt the Findings of Fact and approve a conditional use permit amendment to allow the expansion of an off-site parking lot on Lot 7, Block 1, 8erres Addition. Roll call was taken on the motion. Ayes, unanimous. Item 10 -Lake Water Quality Environmental Resources Manager Mac Lafferty presented the Environmental Resources 2008 Annual Reporting for Storm Water Pollution Prevention Plan and Wellhead Protection Program. Steve McComas of Blue Water Science presented lake water quality projects proposed for 2009. He stated Lakeville has an innovative lake management program designed to protect high quality water resources and improve other water bodies. The use of both passive and active management programs has produced significant gains in protecting and CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 20, 2009 Page 6 enhancing water quality. The 2009 program continues to build on past successes as well as implement new ideas. 09.28 Motion was made by Wulff, seconded by Bellows to receive the Environmental Resources 2008 Annual Report and approve an Agreement #or Engineering Services with Blue Water Science for 2009 lake water quality projects at a cost not to exceed $43,273. Roll call was taken on the motion.. Ayes, unanimous. New Business Council Member Wulff submitted her resignation from the Lakeville City Council effective April 21, 2009. She stated she is resigning to accept an appointment to represent District 16 of the Metropolitan Council 09.29 Motion was made by Bellows, seconded by Rieb to accept the resignation of Council Member Wulff effective April 21, 2009. Roll call was taken on the motion. Ayes, unanimous. Announcements City Administrator - - City Council will discuss process for filling the vacancy created by the resignation of Council Member Wulff at its April 27t" work session - Council Member Wulff is being asked to attend the May 4t" Council meeting for recognition and a farewell reception - County Road 70 bridge replacement will begin this weekend - Household hazardous waste drop-off event is Saturday, May 2 Mayor Dahl adjourned the meeting at 8:15 p.m. Respectfully submitted, ne Friedges, Z~ity~¢lerk ly Dahy, M