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Home My WebLink About04-05-10CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 5, 2010 Acting Mayor Rieb called the meting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Acting Mayor Laurie Rieb Council Member Mark Bellows Council Member Kerrin Swecker Council Member Kevin Miller Absent: Mayor Holly Dahl Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer Dennis Feller, Finance Director David Olson, C.E.D. Director Steve Michaud, Parks & Recreation Director Chris Petree, Operations & Maintenance Director Charlene Friedges, City Clerk Additional Agenda Information - Mr. Mielke stated a Police Chief's Award of Merit that was inadvertently left off the agenda has been added under Presentations /Introductions. Presentations /Introductions Police Chief Vonhof presented a Chief's Award of Merit to five residents who rescued a man who had fallen through the ice into a drainage pond last December. William Nelson, Joseph Straka, David Hins Holly Hins and Dennis Wardinski had been nominated for the Chief's Award of Merit by the responding officers. Charlene Cage, representing ISD 194 Family Learning Center, asked the City Council to proclaim April 11 -17, 2010 the Week of the Young Child in Lakeville. Council Member Bellows read the proclamation. Kevin McCarney asked the City Council to proclaim May 6, 2010 National Day of Prayer in Lakeville. Council Member Swecker read the proclamation. CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 5, 2010 Page 2 Senior Center President Ted Billy and Secretary Frieda Lintereur asked the City Council to proclaim April 22, 2010 Lakeville Senior Center Volunteer Recognition Day. Chief Nelson presented the 2009 Annual Report of the Lakeville Fire Department. Chris Petree presented the March monthly report of the Operations & Maintenance Department. Citizens' Comments Brian Wheeler, 21219 Illavista Way, an owner of Baldy's BBQ, stated his business is now established in the community; and he asked if the City Council would be willing to reconsider his wine and 3.2 beer license and allow him to reapply before January 1, 2012. Mr. Mielke stated the Council could not reconsider the previous application that was submitted six months ago when the wine and 3.2 beer license was denied. The Council members would need to decide whether or not they are willing to allow Baldy's to submit a new application prior to January 1, 2012. 10.18 Motion was made by Swecker, seconded by Miller to place Mr. Wheeler's request on the City Council's May work session agenda for discussion. Roll call was taken on the motion. Ayes, Rieb, Swecker, Miller. Nay, Bellows. Consent Agenda Council members added Item 8 to the consent agenda. 10.19 Motion was made by Bellows, seconded by Miller to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the March 15, 2010 City Council meeting and the March 22, 2010 Council work session. CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 5, 2010 Page 3 C. Final acceptance of public utilities and street improvements in Marsh View, and approval of Hold Harmless and Indemnity Agreement with Legacy Construction Finance, LLC. d. Resolution No. 10 -25 authorizing the sale of unclaimed bicycles and approve agreement with Valek Auctioneering. e. Resolution No. 10 -26 authorizing the sale of assets. f. Renewal of tree work license for Castle Rock Contracting & Tree Service. g. Resolution No. 10 -27 accepting donations to the Parks & Recreation Department. h. Special home occupation permit extensions for the following: ➢ Susan Monnens, 8465 - 207th Street W. ➢ Sharon Hagerty, 18747 Iroquois Lane ➢ Tom & Ann Hoffmann, 8315 - 190th Street W. ➢ Nancy Guenther, 17091 Fairhill Avenue ➢ Jean Meyer, 16737 Innsbrook Drive i. Special home occupation permit to allow the operation of a hair salon at 20928 Huntsville Trail. j. Tree work license for Midwest Tree Care. k. Accept bid and approve sale of excess meter reading equipment to the City of Apple Valley. I. Resolution No. 10 -28 authorizing participation in a hazard mitigation planning process under the Federal Disaster Mitigation Act of 2000. M. Resolution No. 10 -29 accepting bids and awarding contract for the Lakeville Area Arts Center air handler replacement. 8. Resolution No. 10 -30 approving the preliminary and final plat of Spirit of Brandtjen Farm 5th Addition; and Resolution No. 10 -31 vacating public drainage and utility easements. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 5, 2010 Page 4 Item 7 - Lake Water Quality Report and Recommendation Environmental Resources Manager Mac Cafferty presented the Environmental Resources 2009 quarterly reports and provided an overview of the projects and events that took place in 2009. They included the 205th Street channel restoration; Lee Lake alum treatment; Market Plaza porous pavers, Roadside Watershed Cleanup Day, Nature Camps, Blue Thumb Planting and Adopt -A -Pond. Mr. Cafferty explained that the City has been awarded a $15,000 grant for the treatment of curly -leaf pondweed in Orchard Lake. The City Council is being asked to approve an agreement with the State of Minnesota, Department of Natural Resources, for the grant. The City has also been awarded a grant from the Vermillion River Watershed Joint Powers Organization (VRWJPO) in the amount of $9,000 for the feasibility study and assessment of the wetland in East Community Park. The City Council is being asked to approve a Joint Powers Agreement with the VRWJPO for cost sharing of that project. Steve McComas of Blue Water Science presented the lake water quality report for 2009 and proposed treatment projects for Lake Marion, Valley Lake, Lee Lake and Orchard Lake in 2010. In addition to aquatic plant surveys, a shoreland survey is planned for all residences along the shoreline of Lake Marion to help lake residents assess the status of their shoreland area. Mr. Cafferty explained that the shoreland survey ties into the City's Blue Thumb workshops. Handouts have been distributed, and many Lake Marion residents have expressed an interest in shoreline restoration projects and the upcoming Blue Thumb shoreline workshop. Mr. McComas explained that the lower water levels on Valley Lake and Lake Marion are resulting in some enhanced native plant growth and extra phosphorus. However, once the lake levels rise again, water quality is expected to be good. 10.20 Motion was made by Bellows, seconded by Swecker to approve the following: ➢ Agreement for Engineering Services with Blue Water Science; CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL 5, 2010 Page 5 ➢ Grant Agreement with the State of Minnesota, Department of Natural Resources, for treatment of curly -leaf pondweed in Orchard Lake; ➢ Agreement with the Vermillion River Watershed Joint Powers Board for cost sharing related to DNR Protected Water 349W Water Quality Assessment Study; ➢ Agreement with Midwest AquaCare for chemical treatment of Lee Lake and Valley Lake; ➢ Agreement with PLM Lake & Land Management Corp. for chemical treatment of Orchard Lake. Roll call was taken on the motion. Ayes, unanimous. New business None Announcements - ➢ Save a Life Town Forum - Thursday, April 8th ➢ Roadside Watershed Cleanup Day - Saturday, April 17th ➢ Third Annual Tree Sale - order deadline is April 12th ➢ Next regular City Council meeting - Monday, April 19th Council Member Bellows asked the Council to also re- consider at the May work session Ms. Bhakta's request for a 60 -foot sign at the Comfort Inn. Council Member Swecker asked about the status of the sign ordinance update. Mr. Morey stated the public hearing on the zoning ordinance update, which includes the sign ordinance, will be held at the April 22nd Planning Commission meeting. He pointed out that the proposed changes to the zoning ordinance provides some allowances for sign height in the Freeway Corridor District based on certain criteria. However, the proposed ordinance would not allow for a 60 -foot sign height, as requested by Ms. Bhakta. He further stated that the City Council has approved a variance for a 50 -foot sign height at the Comfort Inn. Ms. Bhakta has not installed the 50 -foot sign, but requested and has been granted a one -year extension to the variance. Acting Mayor Rieb adjourned the Council meeting at 8:04 p.m. Respectfully submitted, CITY OF LAKEVILLE COUNCIL MEETING MINUTES APRIL S, 2010 Page 6 Charlene Friedges, C Clerk Laurie Rieb, Acting Mayor