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Home My WebLink About12-17-12CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES December 17, 2012 Mayor Bellows called the meeting to order at 7 p.m. in the Council Chambers at City Hall. Members Present: Council Members Rieb, Swecker, Little, LaBeau and Mayor Bellows Members Absent: None Staff Present: Steve Mielke, City Administrator; Roger Knutson, City Attorney; Tom Vonhof, Police Chief, Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Dennis Feller, Finance Director; John Hennen, Interim Parks & Recreation Director; Daryl Morey, Planning Director; Char Friedges, City Clerk. 3. Citizen Comments Dan Silver, owner of Terra Garden Center, addressed the City Council regarding construction projects along Kenrick Avenue, north of 205t" Street, which are scheduled for next year. He urged the City to coordinate the timelines for these projects so that they don't disrupt his peak season, April through June. 4. Additional Agenda Information Mr. Mielke provided an additional item for the consent agenda, Item 6t. 5. Presentations /Introductions Mr. Mielke recognized Mayor Mark Bellows and Council Member Laurie Rieb for their service to the City of Lakeville. Representatives of the Dakota Communications Center also recognized and thanked Council Member Rieb. Chief Vonhof presented the Chief's Partnership Award to Greg Boll of Country View Manufactured Home Community and Kathleen Schugel of Lakeville Court Apartments. These individuals were recognized for their efforts and participation with the Police Department's Conflict Resolution Team in maintaining a safe and crime free multi - housing property. Chief Vonhof presented the November Police Department monthly report. John Hennen presented the November Parks & Recreation Department monthly report. City Council Meeting Minutes, December 17, 2012 6. Consent Agenda Page 2 Council members added Items 10, 11 and 12 to the consent agenda. Motion was made by Swecker, seconded by Rieb to approve the consent agenda items as follows: a. Claims for payment b. Minutes of the December 3, 2012 City Council meeting c. Minutes of the November 19 and November 26 Council work sessions d. Resolution No. 12 -137 accepting donation from Alerus Mortgage and Resolution No. 12 -138 accepting donation from Midstate Reclamation & Trucking to the K -9 Program e. Resolution No. 12 -139 amending the 2012 budgets f. Resolution No. 12 -140 approving the 2013 schedule of fees g. Lakeville Convention & Visitors' Bureau 2013 budget h. Acceptance of improvements and final payment, Improvement Project 12 -01, miscellaneous roadway repairs and overlays i. Final acceptance of public utilities in Jamesdale Estates 3rd Addition Acceptance of improvements and final payment, Improvement Project 08 -09, Safe Routes to School k. St. Frances Woods 7d' Addition preliminary plat extension 1. Resolution No. 12 -141 approving Assignment of Purchase Agreement for the sale of the former senior center from Rose Mountain Spiritual Community Center to Rose Mountain LLC m. Resolution No. 12 -142 accepting donations to the Heritage Center n. Donnelly Farm transfer of development contract o. Ordinance No. 898 amending Title 2 -14A of the City Code related to the Planning Commission City Council Meeting Minutes, December 17, 2012 Page 3 p. Second Amendment to Contract with Pump & Meter Service, Inc. q. Resolution No. 12 -143 approving Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and Master Subscriber Agreement Amendment for "FAST Access" r. Amendment to fire hydrant use and maintenance policy s. Contract with Schiffelly Puppets for 2013 t. Tree work licenses for Greenwaldt Tree Service and New Beginnings Landscaping & Tree Service 10. Joint Powers Agreement with Dakota County Community Development Agency to undertake the "Open to Business Program" in Dakota County in 2013 11. Purchase Agreement and Access Easement with HMWHC, LLC, for downtown parking lot improvements 12. Resolution No. 12 -147 approving the application of the City of Lakeville for fiscal year 2013 Dakota County Community Development Block Grant (CDBG) funding Roll call was taken on the motion. Ayes - unanimous 7. Public Hearing for Cedar BP, Inc. Mayor Bellows opened the public hearing on the application of Cedar BP, Inc. for an off -sale 3.2% malt liquor license at Cedar BP convenience store, located at 7468 - 167 Street W. The City Clerk attested to legal notice publication. Sergeant Kornmann presented the police report for Cedar BP, Inc. and recommended approval of the off -sale 3.2 beer license as requested. There were no questions or comments from the audience. Motion was made by Swecker, seconded by Rieb to close the public hearing. Roll call was taken on the motion. Ayes - unanimous Motion was made by LaBeau, seconded by Little to grant an off -sale 3.2% malt liquor license to Cedar BP, Inc. Roll call was taken on the motion. Ayes - unanimous City Council Meeting Minutes, December 17, 2012 Page 4 8. 2013 Budget and Tax Levy Mr. Feller provided a brief overview of the 2013 budget and tax levy. He explained that property taxes are based on a levy established by each of the taxing jurisdictions and are appropriated to the various properties based on market value. He further explained that the City's share of property taxes on a residential property represents 31% of the tax statement. On commercial property, the State of Minnesota combined with fiscal disparities represents 58% of the total property tax paid by a business. Ann Proudfoot, 19605 Jersey Avenue, expressed frustration with the taxes on her two commercial buildings, and she questioned the role of the County Assessor in determining property values and taxes. Mr. Mielke explained that the shift in the tax burden during the past few years has been moving toward commercial, because commercial properties have generally held their values while residential values have declined. As residential values begin to increase, the burden will begin to shift back to residential. Mr. Feller explained the County Assessor's role in establishing property values. He recommended that Ms. Proudfoot meet with a commercial assessor, who will explain to her the process for establishing property values. Motion was made by Rieb, seconded by Little to approve Resolution No. 12 -144 approving the City of Lakeville 2013 budget and Resolution No. 12 -145 adopting the 2013 tax levy. Roll call was taken on the motion. Ayes - unanimous 9. Rose Creek Mr. Morey presented the preliminary plat of Rose Creek, which proposes 49 single family lots and three outlots on approximately 30 acres of land located northwest of Dodd Boulevard and northeast of 183rd Street. In conjunction with the preliminary plat, the developer is requesting a Comprehensive Plan amendment to bring the property into the current Metropolitan Urban Service Area (MUSA) and an ordinance rezoning a portion of the property from RS -2 (100 foot lot width) to RS -3 (85 foot lot width). The plat includes the extension of Hyde Park Avenue from its existing terminus to Dodd Boulevard, with five foot wide concrete sidewalks on both sides. The plat identifies a greenway corridor trail along the DNR tributary, as well as multi - purpose trailways along Dodd Boulevard. The proposed development will include a temporary lift station to serve a portion of this plat as well as the undeveloped City owned property to the west that cannot be served by gravity sanitary sewer. The preliminary plat meets the policy criteria of MUSA Expansion Area A. City Council Meeting Minutes, December 17, 2012 Page 5 Motion was made by Rieb, seconded by Swecker to approve the following: a. Resolution No. 12 -146 approving an amendment to MUSA Expansion Area A of the Comprehensive Plan b. Findings of fact and Ordinance No. 899 rezoning property from RS -2 to RS -3 c. Rose Creek preliminary plat Roll call was taken on the motion. Ayes - unanimous 13. Unfinished business None 14. New business None 15. Announcements • City offices closed December 24, 25 and January 1 • Next regular City Council meeting, January 7, 2013 Mayor Bellows adjourned the meeting at 8:35 p.m. Respectfully submitted, Charlene Friedges, City Matt Little, Mayor