HomeMy WebLinkAbout12-15-03~;
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 15, 2003
R complete video tape of the City Council proceedings
is retained for one year
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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,
Luick and Mayor Johnson.
Also present: R. Erickson, City Administrator; R. Knutson, City Attorney;
K. Nelson, City Engineer; D. Olson, Community & Economic
Development Director; D. Feller, Finance Director; S. Michaud, Parks &
Recreation Director; b. Morey, Planning Director; D. Volk, Director of
Operations & Maintenance; B. Anderson, Assistant to City Administrator;
G. Abbot, Building Official; Z. Johnson, Civil Engineer I; C. Friedges, City
Clerk.
MINUTES
The minutes of the December 8, 2003 Special City Council meeting were
approved as presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: None
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the
November monthly report of the Parks & Recreation Department.
POLICE CHIEF: Chief Martens presented the November Police
Department monthly report.
- PRESENTATIONS/INTRODUCTIONS
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER Y5, 2003
PAGE 2
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Chief Martens presented a National Night Out award to Crime Prevention
Specialist Lori Clemmer.
CITIZENS' COMMENTS None
CONSENT AGENDA
Council members added Item 10 and Item 16 to the consent agenda.
03.142 Motion was made by Luick, seconded by Bellows to approve the consent
agenda items as follows:
a. Claims for payment.
b. November Investment Report.
c. Receive minutes of the following advisory committee meetings:
•3 Lakeville Area Arts Center Board, December 4, 2003
• Planning Commission, December 4, 2003
d. Resolution No. 03-235 accepting donation from the Minnesota
Department of Public Safety to the Police Department.
e. Renewal of mixed municipal solid waste and recyclable material
collectors licenses for 2004.
f. Final acceptance of public utility and street improvements, Baileys
Meadow.
g. Final acceptance of public utility and street improvements,
Springbrook.
h. Sanitary sewer reimbursement for Village Creek 2"d Addition.
i. Final acceptance and final payment for CSAH 9 (Dodd Boulevard)
reconstruction, Improvement Project 99-05.
j. Resolution No. 03-236 establishing sanitary sewer unit charges and
sanitary sewer area charges for 2004; and Resolution No. 03-237
establishing watermain unit connection charges for 2004.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER Z5, 2003
PAGE 3
k. Resolution No. 03-238 amending the Fire Relief by-laws relating to
pension benefits.
L .Dakota County Mutual Aid Assistance Group 2003 Joint Powers
Agreement.
m. Settlement Agreement, First Amendment to Agreement of Lease
and Stipulation of Dismissal with Heritage Commons, LLC.
n. Resolution No. 03-239 amending the 2003 General fund-Budget..
o. Resolution No. 03-240 amending the 2003 Enhanced 911 Fund
Budget.
p. Resolution No. 03-241 amending the 2003 Sanitary Sewer
Operating Fund Budget.
q. Resolution No. 03-242 amending the 2003 Employee Benefit Fund
Budget.
• r. Resolution No. 03-243 amending the 2003 Equipment. Fund Budget.
s. Resolution No. 03-244 adopting the 2003 Oak Wilt-Suppression
Grant Fund Budget.
t. Special assessment agreement with the Rose Ann Benson family,
18889 Kenwood Trail
u. Special assessment agreement and senior citizen deferment with
Donald and Ranae Clark, 18881 Kenwood Trail.
v. .Special home occupation permit extension for Jean Knox, 8491-
172nd Street West.
w. Special home occupation permit extension for Jean Meyer, 16737
Innsbrook Drive.
x. Special home occupation permit extension for Mary Pancirov,
16775 Joplin Way.
y. Special home occupation permit extension for Laura Ub1, 17810
Iten Court South.
CITY OP LAKEVILLE COUNCIL MEETING
DECEMBER Y5, 2003
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z. Resolution No. 03-245 approving temporary turnaround easement
vacation in Shady Oak Grove.
aa. Ordinance No. 750 amending Title 8, Chapter 1 of the Lakeville City
Code concerning the Fire Department.
bb. Resolution No. 03-246 adopting the Fire Department Policy and
Procedure Manual
cc. Resolution No. 03-247 setting compensation and reimbursement.
rates for firefighters.
dd. Resolution No. 03-248 adopting the position classification and pay
plan for exempt and non-exempt positions and setting forth the
policy for administration of the pay plan.
ee. Resolution No. 03-249 adopting a Health Care Savings Plan through
the Minnesota State Retirement System.
• ff. Resolution No. 03-250 adopting the non-exempt liquor stores'
position salary structure.
gg. .Approve proposal from Bergerson-Caswell, Inc. for rehabilitation of
Well No. 10.
hh. Resolutions No. 03-251 and 03-252 approving gambling permits for
Ducks Unlimited Burnsville Chapter 152 for events at Brackett's
Crossing Country Club on January 20 and April 20, 2004.
ii. Resolution No. 03-253 approving a gambling permit for Orchard
Lake Elementary School PTO for a raffle on February 6, 2004.
10. Resolution No. 03-254 approving the revised final plat of Lone Tree
Point.
16. Approve appointments to the following advisory committees,
effective January 1, 2004:
Planning Commission
• Dale Detjen
^ Steven Pattee
• John Arvidson (Ex-Officio)
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 15, 2003
PAGE 5
Parks, Recreation & Natural Resources Committee
^ Howard Lovelace
^ Thomas Goodwin
Hunting Subcommittee
^ Don Cross
^ Bill Emond
^ Mick rngelhoff
^ David Wood (Alternate)
Telecommunications Commission
^ Doug Thompson
^ Robin Selvig
^ Greg Maliszewski
^ Richard Schwartz
^ Robert Crumpton, Jr. (Alternate)
Economic Development Commission
^ Dick Miller
^ Robert Brantly
• Thomas Smith
^ Jerry Erickson (Alternate)
Arts Center Board
Tana Loew
Susan Landberg
Ashley Jacobs (Youth Representative)
Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb,
Luick.
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.
Lieutenant Schwartz reported that all existing license holders have met
the requirements for renewal, with the exception of Sidelines Bar & Grill,
d.b.a. Jordan's Steakhouse. He indicated that two on-sale
establishments, Babe's Sportsbar & Grill and Carbone's Pizza Bar & Grill,
have received a license from the State of Minnesota to allow the sale of
alcohol until 2 a.m. There have been no issues related to the 2 a.m.
closing at these establishments.
CITY OP LAKEVILLE COUNCIL. MEETING
DECEMBER Y5, 2003
PAGE 6
Lieutenant Schwartz explained that the City's fire and building inspectors
performed on-site inspections of all establishments to ensure that a safe
and healthy environment exists for patrons. Several recommendations
have been made in terms of continuing inspections over the course of
the following year.
Council Member Rieb asked about the issuance of a Sunday liquor
license to VFW .Post 210. Lieutentat Schwartz stated that based on
requirements related to the issuance of a Sunday .liquor license (namely
the ability to serve food), it is recommended that the City Council.
approve a Sunday liquor license only for pre-approved catered special
events until such time as the necessary code improvements to the VFW
kitchen are completed.
There were no questions or comments from the audience.
03.143 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, Luick,
Bellows.
03.144 Motion was made by Wulff, seconded by Rieb to table consideration of
an on-sale and Sunday liquor license for Sidelines Bar & Grill, LLC, d.b.a.
Jordan's Steakhouse, and approve the following licenses effective
January 1, 2004:
^ Applebee's Neighborhood Grill & Bar: On-sale and Sunday Liquor
^ Bracken's Crossing Country Club:. On-sale and Sunday Special Club
^ Carbone's Pizza Bar & Grill: On-sale and Sunday Liquor
^ Chart House Restaurant: On-sale and Sunday Liquor
^ Crystal Lake Golf Course: On-sale and Sunday Liquor
^ Harry's Cafe: On-sale and Sunday Liquor
^ Holiday #504: Off-sale 3.2% Malt Liquor
^ Kwik Trip Stores #692, #343 .and #694: Off-sale 3.2% Malt Liquor
^ Lakeville Family Bowl: On-sale and Sunday Liquor
^ Babe's Sportsbar & Grill: On-sale and Sunday Liquor
^ Ole Piper: On-sale and Sunday Liquor
^ Pizza Hut: On-sale 3.2% Malt Liquor
• SuperAmerica Stores #4337, #4490 and #4528: Off-sale 3.2%
malt liquor
CITY Of LAKEVILLE COUNCIL MEETING
DECEMBER Z5, 2003
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^ Tak Shing Inc.: On-sale Wine and 3.2% Malt Liquor
^ Target Store T-1484: Off-sale. 3.2% Malt Liquor
^ VFW Post 210: On-sale Special Club; Sunday liquor only for pre-
approved catered special events.
Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows,
Johnson.
ITEM 9
Mr. Morey presented an ordinance extending the existing residential plat
moratorium, .which expires on December 16, 2003. He explained that
the residential plat moratorium was established by the City Council to
allow for a comprehensive review of the Zoning Ordinance. He stated
the Planning Commission has held many work sessions with respect to
.the moratorium, the most recent included input from developers on the
.proposed revisions to the townhouse performance standards. The
Planning Commission will likely hold a final work session in January.
Following the work session, the Planning Commission will hold a public
hearing in February or March, with a subsequent. recommendation to the
City Council. Mr. Morey stated that because the on-going zoning
ordinance update does not impact single-family or apartment standards,
these types of residential developments have-been excluded from the
moratorium extension. Residential plats located within District 7
(Central Business District) are also excluded from the moratorium
extension.
03.145. Motion was made by Wulff, seconded by Bellows to adopt :Ordinance No.
751 amending Ordinance No. 733 by extending the temporary
prohibition of approvals of certain residential developments for an
additional. four month period.
Roll call was taken on the motion. Ayes,. Rieb, Luick, Bellows, Johnson,
Wulff.
ITEM 11
City Attorney Roger Knutson presented an ordinance amending Title 7 of
the Lakeville City Code by adding a new Chapter 15 to manage and.
administer use of the public right-of-way in the public interest, and to
provide for the issuance and regulation of right-of-way permits. He
explained that the ordinance is being proposed in response to state
CITY OF LAKEVILLE COUNCIL .MEETING
DECEMBER 15, 2003
PAGE 8
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legislation adopted several years ago and rules subsequently approved
by the Public Utilities Commission.. The ordinance provides a
comprehensive method of managing the City's right of way to assure
that installations are in the right place. It allows the City to coordinate
the standards for location and installation of existing and future
infrastructure. It is a product of the State Statute, the League of
Minnesota Cities model ordinance, the Dakota County ordinance and
ordinances adopted by several neighboring communities. Staff is
recommending adoption of the ordinance, a fee schedule. relating to
right of ways and a summary ordinance for publication.
03.146 Motion was made by Luick, seconded by Rieb to adopt Ordinance No.
752 amending Title 7 of the Lakeville City Code by adding a new Chapter
15 to manage and administer use of the public right-of-way in the public
interest, and to provide for the issuance and regulation of right of way
permits; a Summary of Ordinance No. 752; and Resolution No. 03-273
adopting the schedule of fees relating to right of ways.
Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff,
• Rieb.
ITEM 12
Mr. Olson presented an ordinance amending Title 9 of the Lakeville City
Code by adding Chapter 6 related to electrical regulations: He explained
that throughout the 2004/2005 preliminary budget review process, thee.
City has been evaluating the option of assuming responsibility for
performing electrical inspections as part of the building inspection
function. This responsibility is currently handled by the State Board of
Electricity through the use of contracted inspectors. The ordinance
allows the City to implement and enforce the provisions of the
Minnesota State Building Code, Chapter 1315, the National Electrical
Code. It also establishes the position of Electrical Inspector, along with
its qualifications, duties and appointment consistent with State Statutes.
Mr. Olson stated a number of cities, Burnsville, Bloomington, Minnetonka
and Maple Grove, employ electrical inspectors. It is estimated that the
City of Lakeville would issue between 2,000 and 2,200 electrical permits
and perform 3,000 to 4,000 electrical inspections. in 2004. Staff is
recommending a fee schedule for electrical inspections that is consistent
with the fees currently being used by the. State contracted inspectors.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER Z5, 2003
PAGE 9
03.147 Motion was made by Rieb, seconded by Bellows to adopt Ordinance No.
753 amending Title 9 of the Lakeville City Code to include electrical
regulations.
Roll call was taken. on the motion. Ayes, Bellows, ]ohnson, Wulff, Rieb,
Luick.
ITEMS 13-14
Mr. Feller presented the 2004 General Fund Budget and 2004 tax levy,
consistent with the information presented at the December 8th Truth in
Taxation public hearing, with the exception of one adjustment to the
General Fund. The Mayor and Council budget was increased by $9,844
to include membership in the Association of Metropolitan Municipalities.
Membership is necessary in order to maintain the current AMM
appointment of Council Member Luick to the Transportation Advisory
Board.
03.148 Motion was. made by Luick, seconded by Rieb to approve the following
with respect to the 2004 budget and tax levy:
^ Resolution No. 03-255 adopting the General Fund Budget
^ Resolution No. 03-256 adopting the Cable N Fund Budget
^ Resolution No. 03-257 adopting the Environmental Recycling Fund
Budget
^ Resolution No. 03-258 adopting the Employee Benefit Fund Budget
^ Resolution No. 03-259 adopting the GIS Fund Budget
^ Resolution No. 03-260 adopting the E-911 Fund Budget
^ Resolution No~ 03-261 adopting the Surface Water Management Utility
Fund Budget
^ Resolution Noy. 03-262 adopting the Oak Wilt Suppression Grant Fund
Budget
^ Resolution No. 03-263 adopting the Economic Development Revolving
Loan Fund Budget
^ Resolution No. 03-264 adopting the Municipal Reserves Fund Budget
^ Resolution No. 03-265 adopting the Equipment Fund Budget
^ Resolution No. 03-266 adopting the Building Fund Budget
^ Resolution No. 03-267 adopting the Liquor Fund Budget
^ Resolution No. 03-268 adopting the Water Operating Fund Budget
^ Resolution ,No. 03-269 adopting the Sanitary Sewer Operating Fund
Budget
^ Resolution No. 03-270 adopting the 2004 tax levy.
CITY OF L4KEVILLE COUNCIL MEETING
DECEMBER 15, 2003
PAGE ZO
Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick,
Bellows.
ITEM 15
Mr. Erickson presented a Real Estate Exchange Agreement between Joe
Miller Farms, Inc. and the City of Lakeville for a public works
maintenance facility site. He explained that the City Council
acknowledged receipt of a Central Maintenance Facility Study prepared
by Black & Veatch Corporation in August of 2002. Five different sites
were considered, all in close proximity to the center of the community.
.The proposed site, the former Lyndale Gardens site owned by Joe. Miller,
met the Central Maintenance Facility criteria. The purchase price for the
proposed 39.89-acre site ($2,314,972), equates to $58,000 per acre.
The City will transfer ownership of 13.5 of the 17 acres of land located
east of Aronson Park to Joe Miller Farms, Inc. This property is guided
for single-family development and was previously considered as a site
for a public works facility in the early 1970's. Mr. Erickson. stated the
City would keep the current maintenance facility in Airlake Industrial
Park for use as a cold storage facility. The land acquisition costs
($2,314,972) are proposed to be financed from the Water Trunk Fund
($281,107) and the proceeds from the sale of lease revenue or capital
improvement bonds ($2,033,865). Financing for the acquisition of the
public works site was included in the 2003-2007 Capital .Improvement
Plan.
03.149 Motion was made by Luick, seconded by Bellows to approve a Real
Estate Exchange Agreement between Joe Miller Farms, Inc.. and the City
of Lakeville for a public works maintenance facility site; and approve
Resolution No. 03-271 authorizing the acquisition of certain. real property
for a public works maintenance facility site; and Resolution. No. 03-272
authorizing the transfer of certain real property.
Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick,. Bellows,
Johnson.
ITEM 17
03.150 Motion was made by Bellows, seconded-by Wulff to authorize staff to
advertise vacancies on the Planning Commission, Parks, Recreation &
Natural Resources Committee. and the Lakeville Area Arts Center Board.
CITY OF LAKEVILLE COUNCIL MEETING
QECEMBER 15, 2003
PAGE 11
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Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson,
Wulff.
ITEM 18
03..151 Motion was made by Wulff, seconded by Rieb to hold a Council work
session on Wednesday, January 7, 2004 at 4:30 p.m.
Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff,
Rieb.
UNFINISHED BUSINESS None
NEW BUSINESS None
ANNOUNCEMENTS
Next regular Council meeting, Monday, January 5, 2004
Mayor Johnson adjourned the meeting at 8:25 p.m.
Respectfully submitted,