Loading...
HomeMy WebLinkAbout10-04-10CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 4, 2010 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Holly Dahl Council Member Mark Bellows Council Member Kerrin Swecker Council Member Laurie Rieb Council Member Kevin Miller 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 Daryl Morey, Planning Director Charlene Friedges, City Clerk Additional agenda information - Mr. Mielke provided an additional item to be considered under New Business. Presentations /Introductions Lieutenant Colonel Barb O'Reilly of the Minnesota National Guard presented a proclamation naming the City of Lakeville a Yellow Ribbon City. Andy Bohlen thanked the City Council members for their support on behalf of the Yellow Ribbon organization. Duane Zaun and Bob Erickson, representing the Friends of the Lakeville Area Arts Center, presented the Lakeville Area Arts Center annual update. Chris Petree presented the Operations & Maintenance September monthly report. Keith Nelson provided an engineering project update. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 4, 2010 PAGE 2 Citizens Comments Harley Horsager, 17141 Jaybell Court, and Diane Craig, 19710 Jersey Avenue, representing the Lakeville Friends of the Environment, invited the Council members and viewing public to the Pedal the Parks event at Casperson Park on Sunday, October 1 Otn. Colin Lee, 17372 Jalisco Lane, stated that while he has been campaigning door -to -door, residents in the Valley Park area have expressed an increased concern regarding the safety of their school children at Dodd Blvd. and CR 46. He stated residents are also concerned with the increase in property crimes in the Valley Park area. Chief Vonhof thanked Mr. Lee and stated he was not aware of any concerns being expressed to the Police Department but would forward the information to the department's patrol division. Consent Agenda 10.61 Motion was made by Bellows, seconded by Miller to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the September 20, 2010 City Council meeting. C. Resolution No. 10 -69 accepting donations to the Parks & Recreation Department. d. Minnesota Snowmobile Trails Assistance Program agreement with Minnesota DNR for maintenance and grooming grant. e. Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for the installation of a pond irrigation system at King Park. f. Resolution No. 10 -70 accepting donation to the Fire Department from Residential Mortgage Group on behalf of Alan and Julie Ann McEntee. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 4, 2010 PAGE 3 g. Resolution No. 10 -71 accepting donation from D.W. and L.K. Lundberg to the Police Department K9 Program. h. Resolutions No. 10 -72 and 10 -73 accepting donations from Divine Swine Catering and Ole Piper Restaurant to the Police Department. (This item was removed from the consent agenda.) Resolution No. 10 -74 establishing Pioneer Plaza Induction Policy. k. Performance agreement with Patchouli for the Lakeville Area Arts Center. Roll call was taken on the motion. Ayes, unanimous. Item 6i Mr. Morey presented the request of Dennis Dunham for a one -year extension of the conditional use permit approved by the City Council in 2008 for an outdoor storage facility on his un- sewered lot located in the 1 -1 Limited Industrial District. Mr. Dunham is requesting the extension due to the current economic conditions. The Planning Commission recommended approval on a 4 -2 vote. Council Member Swecker asked if the non - compliance issues on this property have been addressed. Mr. Morey stated the Planning Department has worked closely with the property owner, and those issues have been addressed. 10.62 Motion was made by Swecker, seconded by Bellows to grant a one -year extension to the Dennis Dunham conditional use permit for outdoor storage on property located east of Kenrick Avenue, south of 215th Street and east of Kaparia Avenue. Roll call was taken on the motion. Ayes, unanimous. Item 7 - Spirit of Brandtjen Farm 6th Addition Jacob Fick of Tradition Development requested Council approval of the Spirit of Brandtjen Farm (SBF) 6th Addition preliminary plat of 29 single family lots and the final plat of 15 single family lots. He explained that the CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 4, 2010 PAGE 4 SBF 6th Addition is a re -plat of lots that were preliminary and final platted with the first SBF development phase in 2005. Tradition Development is re- platting these lots in response to market feedback to create additional walk -out lots and to provide more green space area between homes. Planning Director Daryl Morey presented the planning report. He explained that all lots in the SBF 6th Addition meet the performance standards of the approved SBF Planned Unit Development approved in 2005. The Planning Commission and Parks, Recreation & Natural Resources Committee unanimously recommended approval. Council Member Miller asked how many lots are being re- platted. Mr. Morey stated this plat represents a reduction in one lot to allow for additional green space between homes. 10.63 Motion was made by Rieb, seconded by Miller to approve the following: ➢ Resolution No. 10 -75 approving preliminary and final plat of Spirit of Brandtjen Farm 6th Addition; ➢ Resolution No. 10 -76 vacating public street rights -of -way, drainage and utility easements; ➢ Resolution No. 10 -77 conveying City -owned land for inclusion in the final plat of Spirit of Brandtjen Farm 6th Addition; ➢ Third Amendment to the Spirit of Brandtjen Farm Development Contract. Roll call was taken on the motion. Ayes, unanimous. Item 8 - Apple Minnesota LLC On -Sale Liquor License Application Mayor Dahl opened the public hearing on the application of Apple Minnesota LLC for an on -sale and Sunday liquor license at Applebee's Neighborhood Grill & Bar, 18404 Kenrick Avenue. The City Clerk attested to legal notice publication. Council Member Swecker stated she would abstain from discussion and decision on this item due to a conflict of interest. Chief Vonhof explained that the Applebee's restaurants are being sold to a new company, Apple Minnesota LLC. Because Lakeville ordinance does not allow for the transfer of a liquor license, the new owner is required to submit a license application. The Police Department CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 4, 2010 PAGE 5 reviewed the application and conducted background checks on the four officers. The Police Department recommends approval of the on- sale and Sunday liquor license as requested. There were no questions or comments. 10.64 Motion was made by Bellows, seconded by Miller to close the public hearing. Voice vote was taken on the motion. Ayes, unanimous. 10.65 Motion was made by Bellows, seconded by Rieb to grant an on -sale and Sunday liquor license to Apple Minnesota LLC at Applebee's Neighborhood Grill & Bar, 18404 Kenrick Avenue. Roll call was taken on the motion. Ayes, Rieb, Miller, Bellows, Dahl. Swecker abstained. New Business Mr. Olson presented a resolution approving an Order to Secure a vacant building located at 16108 Fairgreen Avenue. He explained that a portion of the foundation wall collapsed into the basement as a result of heavy rainfall in August. Gas and electric services came into the structure at the approximate location of the foundation wall failure and had to be disconnected. The property owners were informed that they could not occupy the home until the necessary repairs were made. The property owners have vacated the house and decided to let it go back to the mortgage holder. Mr. Olson explained that Minnesota Statutes require that the City Council adopt a resolution authorizing the issuance of an order to secure a vacant structure. The City is required to provide a 14 day notice to the property owner. Any costs associated with securing the structure will be assessed against the property. Council Member Bellows asked how the City normally finds out about abandoned homes. Mr. Olson explained that the City is notified by foreclosure lists and sheriff's sales; however, the home is usually vacant for 60 to 90 days before that notification takes place. Also, neighbors will notify the City if they see that yards haven't been kept up. Mr. Mielke added that utility companies are required, at certain times of the year, to notify the City if they are shutting off utilities to a home. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 4, 2010 PAGE 6 Mr. Mielke stated staff will attempt to contact this property owner to obtain a waiver from the 14 -day notification period, allowing the City to proceed immediately with securing the property. 10.66 Motion was made by Miller, seconded by Swecker to approve Resolution No. 10 -78 ordering the securing of a vacant building at 16108 Fairgreen Avenue. Roll call was taken on the motion. Ayes, unanimous. Announcements: ➢ Fire Prevention Open House at Fire Station 4 - Tuesday, October 5 ➢ Belgian waffle breakfast at Senior Center- Sunday, October 10 ➢ Next regular Council meeting, October 18, 2010 Mayor Dahl adjourned the meeting at 8:22 p.m. Respectfully submitted, Charlene Friedges, qty Clerk