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HomeMy WebLinkAbout03-17-08 CITY OF LAKEVILLE COUNCIL MEETING MARCH 17, 2008 Mayor Dahl caked the meeting to order at 7.15 p.m. The pledge of allegiance to the flag was given. Attendance was noted. Present: Council Members Bellows, Swecker, Rfeb, and Mayor. Dahl Also present:. R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Morey, Planning Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; T. Vonhof, Police Chief; B. Anderson, Assistant to City Administrator; J. Hawkins, Deputy City Clerk. Mr. Mielke informed the Council that. under New Business he will be asking .for consideration of a resolution regarding proposed legislation on the Metropolitan Transit Taxing District. Presentations/Introductions .Presentations to retiring:Operations and Maintenance Director Don Volk were made by City Administrator Steve Mielke; Police Chief Tom Vonhof; Kristen Babcock, Jeff Forshee and .Dave Litzinger on behalf of Pan-O-Prog; and former City Administrator Bob Erickson. Alf presenters expressed heir admiration and gratitude to fti/lr. Volk. for his many accomplishments and. contributions, and his commitment to service, during his nearly 14 years with the City of Lakeville. Chief Thomas Vonhof presented the. Police Department Monthly Report for February. Chief Vonhof presented the Medal of Commendation to Captain John Arvidson for his quick response while off-duty, which saved the life of a choking victim. Captain Arvidson was nominated for the Medal of Commendation by a Lakeville officer who was first on the. scene and recognized the extraordinary act and successful lifesaving efforts that had been demonstrated. Parks and Recreation Director Steve Michaud presented the Parks and Recreation Department 2007 Annual Report. The report highlights the activities and. developments in the department, including. the Arts Center, Senior Center, park facilities and recreation programs. CITY OF LAKEVILLE COUNCIL MEETING March 77, 2008 PAGE 2 Mr. Michaud presented details on the upcoming tree sale and encouraged Lakeville residents to contact the Parks. Dept. to pre-order their trees. Citizens' Comments ..John Bowen, 11220 Kenora Way. At a previous .meeting Mr. Bowen had requested the City review the. liquor license. policy and asked if that has been done. He referenced the 2004 study of the liquor ordinance and gave a rebuttal to comments. made by City Council members. at their February 18, 2008 meeting. GinnyLampert, 11062 Kenora Way.. Ms. Lambert attended the work session when the liquor ordinance was discussed. In reference to a wine and beer license, the ordinance requires seating for not iess than 25 patrons, however, by definition; a restaurant requires seating .for not less than b0 guests. She feels this is contradictory and should be addressed. Greg Porten, 11050 Kenora Way. Mr. Porten requests a review of Title 3 of .the City Code regarding liquor licenses and a rewrite of the ordinance prior to the City Council granting any additional Liquor licenses. Terry Marshik, 16338 Kent Trail. Ms. Marshik believes that the application is incomplete and does not meet requirements of the city code. She requests that Item. 6m be removed from the consent agenda to be discussed. as a single item. Bob Sommerdorf, 11115 Kenora Way. Objects to City Council having the authority to approve liquor license applications and requests a referendum be held which would allow residents to determine the City's authority to approve future liquor license applications. A petition was presented to the Deputy Clerk. Chris Drake, 11242 Kenworth Lane. A website has. been built for the purpose of getting the neighborhood's message out regarding the Brunswick Zone facility. At the request of City Administrator Mielke, City Attorney Roger Knutson reviewed State Statutes and reported that the statute cited by Mr. Sommerdorf does not apply to the City of Lakeville; it applies to cities of the ` 4th class. Since Lakeville. is a city of the 2"d class, the statute has no application. CITY OF LAKEVILLE COUNCIL MEETING March 17, 2008 PAGE 3 Mr. Mielke added that, if the statute applied, passage of the referendum would result in a "dry town" since no licenses could be issued or renewed. Consent Agenda Council Member Bellows asked to discuss Item 6m independently from .other items on the Consent Agenda -and asked that it be removed to the regular agenda, or preferably, tabled. He believed Council would be receiving the best practices report from the Police Department prior to proceeding with. this application. Council Member Swecker stated that she was not expecting to receive the report at this time; she understood that it - would be placed on a future Council work session. Council Member Swecker asked that Item #8 be moved to the consent agenda. .08.29 .Motion was made and seconded to approve the consent agenda as amended: a. Claims for payment. b. Minutes of the March 3, 2008 City Council meeting and the February 25, 2008 Council work session. c. February Investment Report d. .Minutes of the March 6, 2008 Planning Commission meeting e. Resolution No. 08-36 authorizing he sale of a cargo storage container. f. Resolution No. 08-37 approving change orders for the Lakeville Arena project. g. Contract with Rent N Save for portable restrooms. h. Agreements with SBF Development Corporation for construction of, pedestrian boardwalk and miscellaneous work and services at East Community Park. i. Resolution No. 08-38 authorizing participation in a joint grant application with .Dakota County and other bakota County CITY OF LAKEVILLE COUNCIL MEETING March 17, 2008 PAGE 4 communities to be part of a Blue Cross Blue Shield Active Living Grant. j. Senior Citizen assessment deferment for Donald & Ranae Clarke, 1.8$81 Kenwood Trail k. Resolution No. 08-39 approving agreement with Progressive Rail, Inc. and MnDOT for railroad crossing signals and gates. on 210' Street, Improvement Project 07-12. L Resolution No. 08-40 approving Traffic Control Signal and Lighting Agreement No. 91742M with MNDOT and Dakota- County, CSAH 70/I- 35 interchange, Improvement Project 99-2. m. .Removed to the Regular Agenda. n. Resolution No. 08-41 authorizing spring weight restrictions on certain city roads... o. Three-year special home occupation permit extension to allow a hair salon in a single family home located at 16524 Jaguar Avenue. p. Resolution No. 08-42 approving private activity revenue. bond financing policy. q. Resolution No, 08-43 receiving bids and awarding contracts for Police Department security systems Item 8. -Conditional use permit toallow the construction of a banquet room expansion onto the existing Brackett's Crossing Country Club, located at 17976 Judicial Road. Roll call was taken on the motion. Ayes, unanimous. Item bm. -Receive application from Leiserv, Inc., d.b.a Brunswick Zone XL- Lakeville, for an on-sale and Sunday liquor license at 1 1 1 29-1 62nd Street West, and call a public hearing to be held on April 7, 2008 City Administrator Mielke stated that the Police Department. has received. the application of Leiserv, Inc., conducted background and criminal records checks on-the principles involved, and feels the application is ready for a public hearing. The Police Department's report on best CITY OF LAKEVILLE COUNCIL MEETING March i 7, 2008 PAGE S practices will be placed on a future work session for discussion... The intent of best .practices into provide incentives for license holders to properly train staff in the sale of alcohol and tobacco by offering awards and disincentives to employees who serve and sell responsibly and to deal with violations. Businesses who do not adopt best practices would be held to a tougherstandard of penalties, should violations occur.. The Police Dept.. has no objections to issuance of this liquor license. Council Member Swecker requested-.the Police Department ensure that the Brunswick application is complete and have the. City Attorney verify that it meets ordinance requirements. If at the time of the public hearing City Council has unresolved concerns, on the advice of the City Attorneythe .license could be issued with conditions or Council could choose to delay their decision pending their questions being addressed. 08.30 Motion was made and seconded to receive the application from Leiserv, Inc., d.b.a. Brunswick-Zone XL Lakeville, for an on-sale and Sunday liquor license at 11 l 29 - 162"d Street West, and call for. a public hearing to be held on April 7, 2008 on the condition that the City Attorney and Police Department concur that the application is complete and meets ordinance provisions. Roll call was taken on the motion. Ayes, Dahl, Swecker, Rieb; No, Bellows. Item 7. -Public hearing on proposed assessments for snow and ice removal from sidewalks. Mayor Dahl opened the public hearing on proposed assessments for snow and ice removal from sidewalks. The Deputy Clerk attested to legal notice publication. Mr. Feller presented the proposed assessments for a total amount of $979.74 on four parcels of property; 16914 Gannon Way, $220.51;-16917 Gannon Way, $220,51; 16900 Gerdine Path, $263.74; and 7383 - 170th Street W., $274.98. The assessments include $463.45 for contract snow and ice removal, $120 for legal notice publication, $1.40.00 for administrative costs,. $13.20 County special assessment fees, and interest in the amount of $243.09. Mr. Feller acknowledged receipt of one letter, dated February 27, 2008. There were no questions or comments. CITY OF LAKEVILLE COUNCIL MEETING March 17, 2008 PAGE 6 08.31 Motion was made and seconded to close the public.hearing on proposed special assessments for snow and ice removal from sidewalks. Roll call was taken on the motion. Ayes, unanimous. 08.32 Motion was made and seconded to approve Resolution No. 08-44 adopting special assessments for snow and ice removal from sidewalks. Roll calf was taken on the motion. Ayes, unanimous.. Item 9. - Consider an amendment #o the. Nordic Square Planned Unit Development to allow Aggregate. Industries, Inc.. gravel mining operations 24 hours a day, seven days a week, on land located. south of 160th Street and east of Pilot Knob Road. Mr. Bob Bieraugel of Aggregate Industries presented the proposal to expand their hours of operation to 24 hours a day, seven. days a week,. in order to supply materials to roadway. projects under nighttime construction. ..They are requesting the extended hours of operation for the .remaining timeframe of their mining lease, which. is through December 31, 2010. A .neighborhood meeting was held on February 28, 2008 prior to the Planning Commission public hearing; four residents attended, Staff recommends ahother neighborhood meeting be held 60 days affer the extended hours begin. A 24-hour call line has also been put in place for public comments. Planning Director Daryl Morey stated that this is an amendment to the Nordic Square PUD Agreement, which allowed the mining of the 320 acres which makes up the north half of Spirit of Brandtjen Farm, east of Pilot Knob Road and south of County. Road. 46 (160th Street). The proposal is to increase the hours of operation. to 24/7 which would allow Aggregate Industries to bid on projects that require hauling of materials during nighttime (off-peak) hours. The current PUD limits hours of operations to 5:00 a.m. to .1:00 a.m., Monday through Friday. The majority of the development in the Spirit of Brandtjen Farm has taken place in the. southern portion of the plat, furthest away from this operation. The developer has agreed to use low level backup alarms on their trucks during the extended hours and has agreed that there will be no rock crushing or other high level noise activities. A public hearing was held at the March 6, 2008 Planning Commission meeting. Four residents, from the Spirit of Brandtjen Farm development were in attendance. The Planning Commission raised .questions regarding CITY OF LAKEVILLE COUNCIL MEETING March 17, 2008 PAGE 7 public: safety, which were addressed in the recommended stipulations.. An alternate truck route using Pilot Knob Road will be designated. If concerns arise offer the operation hours expand, this can be reviewed at the time of their annual mining license renewal. The Planning Commission unanimously recommended approval subject to eight stipulations in the planner's report as amended. Staff recommends approval of the PUD amendment. as presented.. Council Member Swecker .asked how it would be determined. if there was a .safety issue. Mr. Morey stated staff would rely heavily on the Police Dept. for their input, and added that Officer Rick Bussler serves as an Ex-Officio member of the Planning Commission... 08.33 Motion was made and seconded to amend the Nordic Square Planned Unit Development to allow Aggregate Industries, Inc. to operate gravel mining_operations 24 hours a day, seven days a week, on `land located south of 1bOth Street and east of Pilof Knob Road, subject to eight stipulations as presented.. Roll call was taken on the motion. Ayes, unanimous. Item 10. -Consideration of .the 2008 Comprehensive Plan Update. Allyn Kuennen presented the 2008 Draff Comprehensive Land Use Plan Update for review. Mr. Kuennen outlined the process that was used to develop the plan, from neighborhood meetings, -open houses, and Council work sessions. A public hearing was held at the March 6, 2008 Planning Commission meeting and the Planning Commission .unanimously. recommended approval. Dan Licht, NAC, presented the Draff 2008 Land Use Plan component of the Comprehensive Plan. State Statute requires the Comprehensive Plan to be updated every ten years. This update builds on a previously adopted and updated Comprehensive Plan. The purpose of the plan. is to provide a framework for city officials, developers, and residents to understand how growth is to occur within the community and be managed overtime. This includes designating land use for certain activities and integrating those uses into the natural environment and the necessary systems that support those land uses. Supporting systems include water, sanitary sewer, transportation, parks and trails, and police and fire services. CITYOF LAKEVILLE COUNCIL MEETING. March 17, 2008 PAGE 8 The .2030 Land Use Plan projects that the City of Lakeville will be nearly fully developed by 2030, with a population of approximately 88,000. Mr. Licht reviewed several areas of the draff land use plan including changes to the 2030 Parks and Trail System Plan, which. will. become apart of the Comprehensive Plan. The next step- will be a six-month review period by adjoining. communities and school districts for the purpose of receiving input. Information was provided to the public on how they can receive further information and also comment. on the plan. Following he review period, the document will be submitted to the Metropolitan Council. City Engineer Keith Nelson presented the Draff 2008 Water Management Plan, Sanitary Sewer Plan, and Transportation Plan. City. Administrator Mielke emphasized the importance. of the process and expressed his appreciation for the numerous hours of work that have .been put into the document by staff, consultants, the Parks, Recreation and Natural Resources-.Committee, the Planning Commission, and others. Staff recommends City Council approval of the-Draff 2008 Comprehensive Plan documents. 08.34 Motion was made and seconded to direct staff to distribute the Draff 2008 Comprehensive Plan Update to appropriate public agencies for comments and. input. Roll call was taken on the motion. Ayes, unanimous. New Business: .City Administrator Mielke presented a draff resolution opposing the City of Lakeville being placed in the Metropolitan Transit Taxing District. A bill was introduced at the legislature which would require the cities of Lakeville and Farmington to be part of the Transit Taxing District. The imposition of the resulting property tax burden would significantly affect the residents of these two.communities but would not guarantee services. Representatives from the two communities were not notified prior to the bill reaching the legislature. The City of Lakeville's adopted 2008 Legislative Policies favors abolishment of the Metropolitan Transit Taxing District in favor of more equitable funding solutions. Mr. Mielke testified at the Legislature in opposition of the bill since the Metropolitan Council is not in a position to provide services for the City of CITY OF LAKEVILLE COUNCIL: MEET/NG March 17, 2008- PAGE 9 Lakeville. The MVTA has been working to expand their ervice to the cities of Lakeville and Farmington.. Tie MVTA and the I-35 Solutions Alliance support a seven county expansion of the transit district; however, they were. unaware of the bill until it was being discussed at the legislature. Passage of the. resolution opposing the .legislation would alert residents and representatives to the potential of this property tax being imposed by legislators who do not represent their community. 08.35 Motion was made and .seconded. to approve. Resolution No. 08-45 opposing HF3800 and SF3223 placing the City of Lakeville, Minnesota into the Metropolitan Transit Taxing District without commensurate transit related service improvements or commensurate transit capital improvements, along with the imposition of the transit taxes, as presented. Roll call was taken on the motion. Ayes, unanimous. Announcements - • Next regular. Council meeting; Monday, April. 7 2008 Adjourn Mayor Dahl adjourned the meeting at 9:Ob p.m. Respectfully submitted,. '7" h ° ta.o udi Hawkins, Deputy City Clerk H Da ay r