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HomeMy WebLinkAbout06-16-03' F ~ 7 °v . r CITY OF LAKEVILLE COUNCIL MEETING TUNE 16, 2003 A comp/ete videotape of the City Council proceedings is retained for one year 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. Morey, Planning Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; C. Friedges, City Clerk. MINUTES The minutes of the June 2, 2003, City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS: Economic Development Commission member Dick Miller introduced Dave Sersen, Operations Manager for Aztec, Inca STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson presented a purchase agreement for the Michael D. Nolan property;located at 18931 Knollwood Circle. He asked the City Council to consider approval of the purchase agreement under New Business. PARKS & RECREATION DIRECTOR: Mr. Michaud. presented the May monthly report of the Parks &,Recreation Department. CITY OF LAKEVILLE CO UNCIL MEETING JUNE 16, 2003 PAGE 2 lJ CHIEF OF POLICE: Chief Martens presented the May Police Department monthly. report. PRESENATIONS/INTRODUCTIONS Chief Martens introduced Thor Streff-Howe, Community Service Officer. Pan-O-frog Past President Dan Rogers provided an overview of the upcoming 2003 Pan-O-Prog activities, scheduled July 4-13, 2003. He presented the official Pan-O-Prog button depicting this year's theme, "1878 2003 City ofLake~il/e -125 Years of Progress': Mayor Johnson read a proclamation recognizing the 125th anniversary of the incorporation of the Village of Lakeville. The 2003 Pan-O-Prog button recognizes this important date. Tolly Swan, President: of the Lakeville Area Historical Society, accepted the proclamation on behalf of the historical society. CITIZENS' COMMENTS Dean Haffa, 16648 Galena Avenue, addressed the City Council regarding the requirement at Lakeville liquor stores that all customers must produce photo identification. He indicated that he was recently refused service at Liquor Store #3 because he did not have a photo ID. Mayor Johnson explained that the new policy was implemented to prevent the illegal sale of alcohol to underage persons. CONSENT. AGENDA Council Member Wulff asked whether an agreement was reached. between School District. 194 and Kenwood Center regarding parking. This agreement was required by the Planning Commission with the previous conditional use permit in an effort to address overFlow parking for School District sponsored special events. Since a school district representative was not present, Council Member Wulff recommended tabling.. Item 8n until that issue can be addressed. Todd Hoffman of Welsh Companies indicated .there have been no issues with respect to parking for special events. Council members added items 10 and 12 to the consent agenda. 03.69 Motion was made by Wulff, seconded by Luick to approve the consent agenda items as follows: CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 3 a. Claims for payment. b. Investment report. c. Receive minutes of the following advisory committee meetings: • Planning Commission, Tune 5, 2003 •3 Lakeville Ames Arena Advisory Committee, June 3, 2003 • Economic Development Commission, May 27, 2003 d. Resolution No. 03-96 amending the 2003 GIS Fund Budget; and Resolution No. 03-97 amending the 2003 Schedule of Fees. e. Resolution No. 03-98 authorizing the disposal of assets. f. Special Assessment Agreement with Gregory and Donna Heinz, 11091- 181 Street W. g. Trunk watermain reimbursement for Mallard Shores. h. Resolution No. 03-99 accepting donation from Lakeville Fastpitch Softball Association for installation of fencing at Field #9, Aronson Park. i. Resolution No. 03-100 accepting donation of $100 from Knights of Columbus Lakeville Council No. 8367 for the-Youth Fishing Contest. j. Authorize submittal of a grant application through the Minnesota Re-Leaf Program for community forest health program funds. k. Subgrant Agreement between City of Lakeville and State of Minnesota Department of Natural Resources for. Klamath Trail Phase III. I. Resolution No. 03-101 approving amendment to Military Leave of Absence Policy in the Employee Handbook for both short-term and long-term military leave as required by Minn. Stat. 192.26. m. Resolution No. 03-102 authorizing renewal of employee dental insurance. ,7 CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 4 n. TABLE consideration of a conditional use permit amendment to allow the existing Independent School District 194 Community Education facilities to occupy a vacant tenant space within the Kenwood Center, located at 17645 Juniper Path. o. ALF Ambulance 2004 budget. 10. Receive the Planning Commission's Findings of Fact and .Recommendation and approve an Interim Use Permit amendment to ailow the construction of an accessory storage building at 19740 Kenrick Avenue. 12. Receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Conditional Use Permit No. 96=01 to allow 700 additional seats for a total of 2,500. seats in the main assembly area, and to allow an expansion of the parking lot at Hosanna! Lutheran Church, 9600 - 163rd Street W. Roll call was. taken on the motion. Ayes, Bellows, Johnson, Wulff,. Rieb, Luick. ITEM 9 Mr. Nelson presented the 2003-2007 City of Lakeville Capital Improvement Plan (CIP). He explained that the CIP identifies the City's infrastructure, development objectives and the allocation of financial resources. It provides policy makers and the community with a strategic, documented approach to implementation and administration of construction projects. The Capital Improvement Plan provides for approximately $70 million in infrastructure construction during the next five years. He provided the following overview of proposed significant projects: 2003 - Sealcoating, pavement management, overlays. - Rehabilitation of Wells No. 2, 9, 10 and construction of Well No. 17 - Lift station #16 rehabilitation - .Lift station #23 (Prairie Lake) - Trunk sanitary sewer from North Creek through third .phase of Crossroads • CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGES • 2004 - Well #7 rehabilitation - Jacquard Avenue construction for new high. school - Well collection pipe (WTF to Wells 2 and 4) - New public works facility - Co. Rd. 50/I-35 interim improvements - County Road 60 interchange, bridge replacement - County Road 60 from I-35 to Judicial Road - Pavement management - Gerdine Path overlay 2005 2006 - Widening of 175th Street to three-lane section - Overlays on Orchard Trail, 210t" Street - Wells No. 4 and 8 rehabilitation - Lift station #10 rehabilitation - Miscellaneous overlays on Judicial Road, Highview Avenue, 205t" Street - Repainting Dakota Heights water tower - Rehabilitation of Well #11 - Rehabilitation of Lift Station #9 2007 - Sealcoating, miscellaneous overlays on Judicial Road and Griffon Trail - Reconstruction of the County Road 70 interchange, subject to State and County funding Mr. Feller provided an overview of the financial resources available to implement the 2003-.2007 Capital Improvement Plan. Financing sources include: - State and. Federal Grant. Funding - County Funding - Capital Improvement Funds. - Municipal State Aid Street Funds - Debt financing, municipal state aid bonds - Debt financing, street reconstruction bonds Mr. Feller explained that the proposed CIP recommends increasing the watermain .connection charges by an estimated $300 per unit, with a CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 6 corresponding decrease In the sanitary sewer connection charges. The proposed rate adjustment would provide an estimated $200,000 of additional revenues per year for water trunk fund improvements such as wells and well collection pipe. The sanitary sewer trunk fund has adequate revenues to accommodate the proposed rate adjustment and provide financing for future trunk fund improvements. Mayor Johnson indicated that the City Council reviewed the proposed CIP at a recent work session. The Parks, Recreation & .Natural Resources Committee recommended approval of the proposed CIP. The Planning Commission held a public hearing and recommended approval of the Plan. 03.70 Motion was made by Luick, seconded by Rieb to approve Resolution No. 03-103 adopting the. Capital Improvement Plan for 2003-2007; and Resolution No. 03-104 amending the watermain and sanitary sewer unit connection charges for 2003. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick,. Bellows. ITEM 11 Mayor Johnson stated he met with several representatives of the petroleum industry who appear to have misunderstood the scope of the ordinance amendment as proposed by the Planning Commission. He recommended the City Council table this item to allow additional time for industry representatives to provide their input to the proposed ordinance amendment. 03.71 Motion was made by Bellows, seconded by Wulff to table consideration of an ordinance amending Title li of the Lakeville City Code concerning motor vehicle fuel facilities. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 13 Sue Pariseau of Dakota Electric Association. requested Council approval of the construction of an electric power substation on property .located south • of 160t" Street, west of Pilot Knob Road and east of Dodd Point Park.. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 7 • .Associate Planner Frank Dempsey presented the planning actions. associated with this request, which include a preliminary and final plat of one lot and one outlot; a conditional use permit to allow the construction of a solid screening wall; a variance to allow the screening wall to be constructed taller than eight feet in height and less than 30 feet from the public right of way; and the vacation of public road right-of-way. The City Council is also being asked to approve a resolution authorizing .the transfer of City-owned property to Dakota Electric Association for the proposed substation. Dakota Electric Association has agreed to pay the City $40,000 for the 1.1073 acre portion of City property included in the plat, dedicate Outlot A tothe City, and pay for the masonry screening wall. Mr. Dempsey explained .that the masonry screening wall is unique to the City of Lakeville, and its design meets the criteria established in the City's Gateway and Corridor Design Study. The Planning. Commission recommended approval of the request subject: to stipulations listed in the planning report, with the elimination of Stipulation No. 4 requiring construction access only from Outlot A, (access would be allowed from County Road 46), and an amendment to Stipulation No. 5 to allow Dakota Electric Association to restore 0utlot A by June 1, 2004. The Dakota County Plat Commission also recommended approval. Dakota Electric Association hosted a neighborhood meeting, and the concerns of the residents were addressed. Council Member Luick asked about the location of the driveway access on County Road 46. Mr. Dempsey explained that the Dakota County Plat Commission granted a variance for the location of the driveway, given the nature of this business and the low volume of traffic that would utilize the access. 03.72 Motion was made by Rieb, seconded by WuIfF to approve the following: a. Resolution No. 03-105 approving the preliminary and final plat of Lakeville Substation; b. Conditional Use Permit to allow the construction of a solid screening wall; c. Variance to allow the screening wall to be constructed taller than eight feet in height and less than 30 feet from a public right-of- way; d. .Resolution No. 03-106 vacating a road right-of-way; • e. .Purchase Agreement with Dakota Electric Association; CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 8 • f. Resolution No. 03-107 authorizing the transfer of certain real ..property. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson., Wulff. ITEM 14 City Attorney Jim Walston presented a Real Estate Purchase .Agreement with U Barum, LLC, for the sale of the. City's park maintenance facility located on .Hamburg Avenue adjacent to Designed. Cabinets, Inc. U Barum, LLC, is an affiliate of Designed Cabinets. The proposed sale price is $580,000, which is consistent with the City appraisal prepared by Swan Appraisals. The agreement provides for an extended closing date of May 31, 2005 to allow the City an opportunity to acquire property and construct a new Central Maintenance Facility. 03.73 Motion was made by Bellows, seconded by Rieb to approve Resolution No. 03-108 authorizing the transfer of certain real property; and a Real Estate . Purchase Agreement with U Barum, LLC, .for the sale of the City's park maintenance facility and land, located at 21400 Hamburg Avenue. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ITEM 15 Mr. Olson presented a Real Estate Purchase Agreement with Wells Fargo Bank for the abandoned dry cleaning/car wash facility and parking lot located at 20720 Howland Avenue. The property is located in downtown. ..Lakeville, just south of the Wells Fargo bank. Mr. Olson explained that in order to remove the .blight from the downtown area and promote off street parking, the City acquired the mortgage holder's interest in this property in early 2002. Subsequently, the properly owner executed a voluntary foreclosure agreement with the City, and the title to the property was relinquished to the City following a Sheriff's foreclosure sale in June 2002. The purchase price for the property is $82,783. The Minnesota Pollution Control Agency issued a No Association Determination, indicating there are no environmental contaminants on the property. A provision of the purchase agreement requires that the City • demolish the existing building. Two quotes were submitted by local contractors for the demolition. HofFbeck Trucking, Inc. submitted- the low CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 9 • quote in the amount of $17,455. This demolition was approved for funding with 2002 Community Development Block Grant funds and Community Development Block Grant program income that the City received from the Dakota County Community Development Agency. Wells Fargo will construct and maintain a parking lot on the property. 03.74 Motion was made. by Wulff, seconded. by Bellows to approve Resolution No. 03-109 authorizing the transfer of certain real property; and a Real Estate Purchase Agreement with Wells Fargo Bank Minnesota, N.A., for the downtown car wash/dry cleaner facility located at 20720 Howland Avenue. Roll call was taken on the motion.. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 16 The City Clerk provided information related to a recently enacted state law that allows the extension of on-sale hours for the safe of liquor, beer and wine to 2:00 a.m. effective July 1, 2003. She explained that the City's ordinance adopts, by reference,. the hours of sale allowed under state law. Unless the City Council chooses to be more restrictive than state law, no action is required at this time. She explained that a letter would be sent to all liquor license holders in the City of Lakeville informing them of the new state law and. the process for obtaining. a special 2 a.m. license. Fees associated with this special license range from $200 to $600 and are payable to the Alcohol and Gambling Enforcement Division of the .Minnesota Department of Public Safety. No action was taken. ITEM 17 03.75 Motion was made by Wulff,-seconded by Luick to hold a Council work session at 4:00 p.m. on July 23, 2003. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. UNFINISHED BUSINESS None CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2003 PAGE 10 LJ NEW BUSINESS Mr. Walston presented a Real Estate Purchase Agreement for the Michael D. Nolan property at 18931 Knollwood Circle. The acquisition of this property was pursued for Parks, Open Space and Scenic Areas. The proposed purchase. price is $160,000, which is consistent with the County's estimated market value. 03.76 Motion was made by Luick, seconded by Rieb to approve a Real Estate Purchase Agreement with Michael D. Nolan for property located at 18931 Knollwood Circle. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ANNOUNCEMENTS Next regular Council meeting, July 7, 2003 Mayor Johnson adjourned at 8:58 p.m. Respectfully submitted, ~nanenern Mayor