HomeMy WebLinkAbout12-20-04 l^
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20~ 2004
Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of
allegiance to the .flag was given.
Roll call was taken.. Present: Council Members Bellows, Wulff, Rieb and
Mayor Johnson. Absent: Council Member Luick.
Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K.
Nelson, City Engineer; D. Olson, Community & Economic Development
Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation
Director; S. Strachan, Police Chief; B. Anderson, Assistant to City
Administrator; G Friedges, City Clerk.
MINUTES
The minutes of the December 6, 2004 City Council meeting and the
December 13, 2004 special Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: None
DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the
November monthly report of the Operations & Maintenance Department.
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the
November monthly report of the Parks & Recreation Department.
POLICE CHIEF: Chief Strachan presented the November Police
Department monthly report.
PRESENTATIONS/INTRODUCTIONS None
CITIZENS' COMMENTS None
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 2
CONSENT AGENDA
.Council members added Item 12 to the consent agenda.
04.157 Motion was made by Wulff, seconded by Bellows to approve the consent
agenda items as follows:
a. Claims for payment.
b. November Investment Report.
c. Receive minutes of the November 30, 2004 Economic Development
Commission and the December 9, 2004 .Lakeville Area Arts Center
Board meetings.
d. Resolution No. 04-258 designating depositories.
e. Resolution No. 04-259 amending the 2004 General Fund Budget.
f. Resolution No. 04-260 amending the 2004 Surface Water
Management Fund Budget.
g. .Resolution No. 04-261 amending the 2004 Employee Benefit Fund
Budget.
h. Resolution No. 04-262 amending the 2004 Geographic Information
System Budget.
i. Resolution No. 04-263 amending the 2004 Building. Fund Budget.
j. Resolutions adopting 2005 budget:
? General Fund, Resolution No. 04-264
? Cable TV Fund, Resolution No. 04-265
? Environmental Recycling Fund, Resolution No. 04-266
? Employee Benefit Fund, Resolution No. 04-267
? Surface Water Management Utility Fund, Resolution No. 04-268
? Oak Wilt Suppression. Fund, Resolution No. 04-269
? Economic Development Revolving Loan Fund, Resolution No. 04-270
? Municipal Reserves Fund, Resolution No. 04-271
? Equipment Fund, Resolution No. 04-272
? Building Fund, .Resolution No. 04-273
? Liquor Fund, Resolution No. 04-274
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 3
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? Water Operating Fund, Resolution No. 04-275.
? Sanitary Sewer Operating Fund, Resolution No. 04-276
k. Resolution No. 04-277 adopting the 2005 tax levy.
L .Resolution No. 04-278 adopting the 2005 Schedule of Fees.
m. Resolution No. 04-279 accepting donation of $5,000 from
Panorama of Progress.
n. Resolution No. 04-280 authorizing the sale of a Toro 580D mower.
o. Resolution No. 04-281 authorizing car allowances.
p. Agreement for Legal Services with Campbell Knutson, Professional
Association.
q. Final acceptance of utility and street improvements, St. Frances
Woods 8t" Addition.
r. Final acceptance of utility and street improvements, Mallard Shores.
s. Final acceptance of utility improvements, Airlake Development 5t"
and 6t" Additions.
t. Trunk watermain reimbursement for Crossroads 1St Addition.
u. Trunk watermain reimbursement for Crossroads 2nd Addition.
v. Resolution No. 04-282 authorizing acquisition of certain real
property, CSAH 60 (185t" Street)/Dodd Boulevard reconstruction,
Improvement Project 04-07.
w. Resolution No. 04-283 authorizing WSB and Associates, Inc. to
prepare a feasibility report for Appaloosa Farms sewer and water,
Improvement Project 04-10.
x. Resolution No. 04-284 authorizing acquisition of certain real
.property for 175t" Street widening, Ipava Avenue to Jonquil
Avenue, Improvement Project 05-01.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 4
y. Ordinance No. 777 licensing and regulatingthe sale of tobacco,
providing for compliance checks and providing civil. and criminal
penalties for violations.
z. Renewal of mixed municipal solid waste and recyclable material
collectors licenses.
aa. Mechanical amusement device license renewals.
bb. Resolution No. 04-285 establishing rules and renal fees for use of
city shelters and buildings.
cc. .Resolution No. 04-286 establishing rental policies and fees for use
of Lakeville Senior Center.
dd. Resolution No. 04-287 establishing rules and rental fees for use of
City athletic facilities.
ee. Landscape maintenance contract with Gingko Gardens and Lawns.
ff. Resolution No. 04-288 acce tin donation from Bill Studer.
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gg. Resolution No. 04-289 adopting. the position classification and pay
plan for exempt and non-exempt positions and setting forth the
policy for administration of the pay plan.
hh. Resolution No. 04-290 adopting the non-exempt liquor stores'
position .salary structure.
ii. Resolution No. 04-291 revising the travel policy in the Employee
Handbook.
jj. Resolution No. 04-292 accepting a grant from the Minnesota
Department of Public Safety to the Police Department's Safe and
Sober Campaign.
12. Reappointment of the following advisory committee members:
Planning Commission (3-year terms): Gerald Grenz, Lowell Miller
Stolte, Karl Drotning, Joe B/ee (A/ternate), Captain John Arvidson
(Ex-officio)
Parks, Recreation & Natural Resources Committee (3-year
terms): Jon Volimas, John Berg
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 5
Hunting Subcommittee: David Wood (A/ternate)
Telecommunications Commission (2-year terms): Terry Lind,
Wenzel Ruhmann, Rosalyn Pautzke, Greg Stanman, Robert
Crumpton, Jr. (A/ternate)
Economic Development Commission (3-year terms): Jack
Matasosky, Jeannie Schubert, Steven Gehrke, Jerry Erickson
(A/ternate)
Arts Center Board (3-year terms): Rhonda. Berg, Julie Speiker,
Harriet Lund, Pegi Ballenger (Alternate)
Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb.
ITEM 8
Mayor Johnson opened the public hearing on the renewal of on-sale
liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses.
Sergeant Tim Knutson presented the police report, indicating that all
existing license holders have applied for license renewal, with the
exception of Big Sam's Gyros and Caffvino Coffee. He explained that
Caffvino Coffee is no longer in business; therefore, no action is
necessary. Renewal. applications were sent to Big Sam's Gyros;
however, to date they have not returned the. completed applications or
license fees. Therefore, no action can be taken at this time. Mr.
Knutson stated all other renewal applications are in order, with the
exception of VFW Post 210, who has not submitted a certificate of
insurance for 2005. He recommended approval of the license subject to
receipt of a valid certificate of insurance.
There were no questions or comments from the audience.
04.158 Motion was made by Rieb, seconded by Wulff to close .the public hearing
on the renewal of on-sale liquor, club liquor, Sunday liquor, wine and
3.2% malt liquor licenses.
Roll call was taken on the motion. Ayes, Johnson, Wulff,. Rieb, Bellows.
04.159 Motion was made by Rieb, seconded by Wulff to renew the following
annual licenses effective January 1, 2005:
Applebee's Neighborhood Grill & Bar, on sa/e and Sunday /iquor
Babe's Sportsbar & Grill, on sa/e and Sunday /iquor
Bracken's Crossing Country Club, on sa/e special c/ub and Sunday /iquor
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 6
Carbone's Pizza Bar & Grill, on-sa/e and Sunday /iquor
Chart House Restaurant, on-sale and Sunday /iquor
Crystal Lake Golf Course, on-sa/e and Sunday /iquor
Green Mill. Restaurant and Bar, on-sa/e and Sunday /iquor
Harry's Cafe, on sale and Sunday liquor
Holiday #504, off-sa/e 3.2 ma/t /iquor
Kwik Trip Stores #343, #692 and #694, off-sale 3.2 ma/t liquor
Lakeville Family Bowl, onsa/e and Sunday /iquor
Ole Piper, on-sa/e and Sunday /iquor
Pizza Hut, on sale 3.2 malt liquor
Super America Stores #4337, #4490 and #4528, off-sale 3.2 malt liquor
SuperValu (Cub Foods), off-sa/e 3.2 ma/t liquor
Tak Shing Chinese Restaurant,, on-sa/e wine and strong beer
Target Store T-1484, off-sa/e 3.2 ma/t liquor
Teresa's Mexican Restaurant, on sale and Sunday liquor
VFW Post 210, on-sale special club and Sunday liquor, contingent
upon receipt of a va/id certificate of insurance
Roll call was taken on the motion. Ayes, Wulff, Rieb, Bellows, Johnson.
ITEM 9
Jack Matasosky, Economic Development Commission Chair, requested
Council approval of the 2005-2007 Strategic Plan for Economic
Development. He thanked the Council members for their inputto the.
Significant Issues Questionnaire, which assisted in identifying significant
issues that will impact economic development in the years 2005-2007.
.Community & Economic Development Director Dave Olson presented the
2005-2007 Strategic Plan for Economic Development. He outlined the
six significant issues and corresponding goals and outcomes, which
formulate the basis of the 2005-2007 Plan. They are: Transportation,
Managing Development, Affordable Housing, Downtown Plan,
Partnerships and Public Communication. He explained that the
Economic Development Commission preferred a strategic plan with a
limited number of goals to ensure they would have the time and
resources to give each goal the attention it deserves over the next three
years.
04.160 Motion. was made by Wulff,.seconded by Rieb to approve the 2005-2007
Strategic Plan for Economic Development.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 7
Roll call was taken on the motion. Ayes, Rieb, Bellows, Johnson, Wulff.
ITEM 10
Mr. Olson requested Council approval of the 2005 Community
Development Block Grant (CDBG) application for the Downtown Code
Improvement Program and the Housing Rehabilitation Loan Program.
He explained that the Dakota County Community Development Agency
is implementing a new requirement for 2005 applications that requires
all sub-recipients to submit applications with at least 50% of the funded
activities providing benefit to low/moderate income individuals. Use of
funds (restrictions) CDA changed requirement in that every city .has to
identify at least 50% to low/moderate housing. Therefore, the
Economic Development Commission is recommending that $54,150 of
the 2005 CDBG funding be made available for the Downtown Code
Improvement Program and $54,150 be allocated for the Housing
Rehabilitation Loan Program.
04.161 Motion was made by Bellows, seconded by Wulff to approve Resolution
No: 04-293 approving the 2005 Dakota County Community Development
Block Grant application for the City of Lakeville.
Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb.
ITEM li
Finance Director Dennis Feller presented a Joint Powers Agreement with
Independent School District 194 for Lakeville Arenas.. He explained that
thin new agreement creates an entity comprised of representatives from
the City of Lakeville and ISD 194 (in addition to a community at large
representative) that will relieve the Lakeville Community Corporation of
its responsibilities with respect to managing. the Lakeville Ames Arena.
The Joint Powers Agreement sets forth the .framework for operation and
management of a future arena at the King Park Athletic Complex.
Mr. Feller explained that Lakeville Arenas will maintain a capital
maintenance reserve with a minimum balance of $500,000. The reserve
may only be used to capital replacement. When the reserve is below the
minimum, the Lakeville Arenas will fund the reserve annually by at least
$50,000 until the minimum is achieved. The City and ISD 194 will each
deposit $50,OD0 into the Lakeville Arenas account to be utilized as
working capital. The funds will be repaid within five years without
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 8
interest. The City of Lakeville will construct the King Park Arena on
behalf of the Lakeville HRA with the mutual cooperation of ISD 194.
The HRA will issue approximately $6.8 million of lease revenue bonds to
finance construction of the arena and purchase of equipment. The
agreement allows. the size of the bond to be increased by up to 10%.
The City of Lakeville and ISD 194 will share in the financing and
repayment of that debt.
Mr. Feller further explained that the Joint Powers Agreement requires
compliance with the ground lease and development contract related to
the King Park Athletic Complex. There will be two arena complex leases,
one with the City of Lakeville for the Ames Arena and one with the
Lakeville HRA for the King Park arena. The Joint Powers Agreement
requires execution of ice rental agreements with ISD 194. The Joint
Powers Agreement will become effective upon adoption by the City
Council. The ISD 194 Board adopted .the agreement last week. The
intent is to commence operation of the Ames Arena on April 1, 2005.
Mr. Feller recommended approval of a Termination and Assignment
Agreement between the City of Lakeville and the Lakeville Community
Corporation. He further recommended approval of the Joint Powers
Agreement with ISD 194 for Lakeville Arenas.
Mayor Johnson summarized the purpose of the Joint Powers Agreement,
which is to lease, maintain, operate and manage the. Lakeville Ames
Arena and the future King Park Arena in the best interests of the overall
community.
Council Member Bellows stated the Joint Powers Agreement is well
crafted and well researched. However, he stated he has growing
reservations about the King complex in its. entirety, particularly with
recent news that .Lifetime Fitness is considering locating in Lakeville.
Mr. Mielke stated City staff had been notified by a property owner that a
purchase agreement has been signed with Lifetime Fitness, although
staff has seen no proof that an agreement has been signed. The Joint
Powers Agreement for arenas does not take into consideration potential
competition from other clubs. It assumes that the King Park facility will
proceed and a third sheet of ice will be constructed. Approval of the
Joint Powers Agreement tonight reiterates the commitment from the City
of Lakeville to proceed with the School District toward the end goals
identified in the agreement, regardless of any competition.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 9
Mayor Johnson stated the City of Lakeville pursued Lifetime Fitness very
strongly a couple years ago and were told by representatives of Lifetime
Fitness that they had no interest whatsoever in Lakeville. He indicated
that, to date, there has been no contact by Lifetime Fitness with himself,
the Council members or City staff.
Council Member Bellows stated the information indicating that Lifetime
Fitness has signed a purchase agreement fora 15-acre site in Lakeville
has changed his perspective on the King Park athletic complex. The
King Park complex is a private membership athletic facility, which could
also be offered by Lifetime Fitness. He questioned why the City would
offer incentives to one private membership athletic facility and not the
other. He stated he would like to continue discussions before proceeding
with the Joint Powers Agreement for Lakeville Arenas.
Mr. Mielke stated the School District has already ratified the Joint Powers
Agreement. The City is required by end of this year, under the
development agreement for the King Park Complex, to commit to the
construction of an ice arena at that site. A continued discussion would
put the current development agreement for the King Park Complex at
risk.
Council Member Wulff stated it was her understanding that Lifetime
Fitness did not previously want to partner with the City of Lakeville for
an athletic club. The City now has a viable partner; and she feels the
.possibility that Lifetime Fitness might build in Lakeville does not justify
backing off at the last minute on a viable partner. She stated she feels
the City now has a very good plan for a partnership that will meet the
long-term needs of the City and School District.
Council Member Rieb stated she agrees with Council Member Wulff.
Council Member Bellows stated his philosophy is to be patient and
selective. He stated. he feels the history of Lifetime Fitness not wanting
to come to Lakeville is irrelevant at this time. He would like to have a
discussion of plusses and minuses of two private membership clubs
wanting to come to Lakeville, one at no cost to the City and the. other
with financial incentives being provided by the City.
Mayor Johnson stated: there would be no ice arena included with the
other athletic facility.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 10
Council Member Bellows stated he objects to the City being involved.
with building ice arenas. He pointed out that the City will, in the near
future, need to construct a new police station, in addition to a fifth fire
station. The property on 185t" Street and Dodd Boulevard would be an
ideal location for these City facilities. He stated he feels that if the
School District asked the voters to approve funding for an ice arena, it
would not pass.
Council Member Wulff stated it is not unusual for a city to partner with a
school district in building ice arenas. For example, the City of Apple
Valley and ISD i96 had a similar partnership for an ice arena. She
pointed out that the City provides other types of recreational facilities,
such as baseball and soccer fields, public beaches, etc., and she feels an
ice arena is a long-term investment for the community and its youth.
04.162 Motion was made by Rieb, seconded by Wulff to approve a Joint Powers
Agreement for Lakeville Arenas with ISD 194 and a Termination and
Assignment Agreement with the Lakeville Community Corporation.
Roll call was taken on the motion. A es Johnson Wulff Rieb.
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Nay, Bellows.
ITEM 13
Mr. Mielke recommended the City Council schedule a work session for
the purpose of interviewing applicants to fill two vacancies (one member
and one alternate member) on the Parks, Recreation & Natural
Resources Committee. Staff will advertise the vacancies in January.
04.163 .Motion was made by Wulff, seconded by Rieb to hold a Council work
.session on Tuesday, February 15, 2005, at 6:00 pm.
Roll call was taken on the motion. Ayes, Wulff, Rieb, Bellows, Johnson.
ANNOUNCEMENTS
Next regular Council meeting, January 3, 2005
City offices will be closed for the holidays on December 23rd, December
24t".and December 31~.
Mayor Johnson adjourned the meeting at 8:30 p.m.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 20, 2004
Page 11
Respectfully submitted,
d`
Charlene Friedges, City Jerk
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Robert D. Johns ,Mayor