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HomeMy WebLinkAbout11-18-02 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 A complete video tape of the City Council proceedings is retained for one year. Mayor ]ohnson called the meeting to order at 7:00 p.m. Boy Scouts from Den 6, Pack 262, presented the colors and lead the pledge of allegiance to the flag. Roll call was taken. Present: Council Members Bellows,. Mulvihill, Rieb, Luick and Mayor ]ohnson. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; S. Michaud, Parks & Recreation Director; D. Olson, Community & Economic Development Director; D. Volk, Director of Operations & Maintenance; D. Morey, Planner, F. Dempsey, Associate Planner; J. Hennen, Assistant to City Administrator; C. Friedges, City Clerk. • MINUTES The minutes of the November 4, 2002 City Council meeting and the November 7, 2002 special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented. the October monthly report of the Parks & Recreation Department. CHIEF OF POLICE: Chief Martens presented the October monthly Police Department report. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 2 C PRESENTATIONS/INTRODUCTIONS Chief Martens presented the 2002 Police Chief's Awards of Merit to citizens who have done extraordinary things in the name of public safety over the past year. The following citizens were recognized: Jerry Bung -first aid Lance Klatt -armed robbery surveillance Todd Wolkow -Fleet Farm --above and beyond security Arthur Laatsch -honesty, integrity Nicole Nee -Asst. Dakota County Attorney -Blocker homicide Dr. Lindsey Thomas -Dakota County Coroner -Blocker homicide Lieutenant Vonhof presented. a proclamation for Safe & Sober November Mobilization. Council Member Bellows read the proclamation. 02.150 Motion was made by Rieb, seconded by Luick to approve a proclamation for Safe & Sober November Mobilization. • Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. CITIZENS' COMMENTS Betty Sindt, 20827 Howland Avenue, expressed a concern that motorists are disregarding pedestrians in the crosswalks on Holyoke Avenue in downtown Lakeville. She urged stricter enforcement in the downtown area for the safety of senior citizens. CONSENT AGENDA Council members removed Item 8o from the consent agenda. Council members added Item 13 to the consent agenda. 02.151 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. • b. October Investment Report. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 3 • c. Receive minutes of the following advisory committee meetings: ^ Parks, Recreation & Natural Resources .Committee, November 6, 2002 ^ Lakeville Area Arts Center Board, November 7, 2002 ^ Planning Commission, November 7, 2002 ^ Economic Development Commission, October 29, 2002 d. Cooperative Fire Protection Agreement between the U.S. Department of the Interior Fish and Wildlife Service and the Lakeville Fire Department. e. Employment Agreement with Janice Waataja for associate planning services. f. Resolution No. 02-230 approving Change Order No. 4 for the Lakeville Ames Arena seating project. g. Resolution No. 02=231 establishing 2003 lateral sanitary sewer and watermain access charges. h. Resolution No. 02-232 establishing 2003 sanitary sewer unit and sanitary sewer area charges. i. Resolution No. 02-233 establishing 2003 watermain unit connection charges. j. Resolution No. 02-234 establishing 2003 storm sewer area charges. k. Resolution No. 02-235 establishing 2003 street assessment policy for collector and arterial roadways. I. Final pay estimate for Kenyon Avenue reconstruction, Improvement Project 00-21. m. Traffic Signal Maintenance Agreement with Dakota County. . n. Lakeway Park East Campus street reimbursement costs. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 4 o. (This item removed from consent agenda) p. Three-year extension of special home occupation permit to operate a-hair salon business at 18024 Jay Court. q. Resolution No. 02-236 setting City Council meeting dates for 2003. r. Gambling permit for Burnsville Ducks Unlimited, Chapter 152, to hold raffles at Brackett's Crossing Country Club on January 21 and April 17, 2003. s. Agreements with Friedges Landscaping, Inc. and Apple Valley Readimix for rental of flooding trucks. t. Lease agreement with Satellite Shelters, Inc. for modular warming houses. u. Agreement for towing services with Marek's Towing & Repair, Inc. v. Emergency Generator Maintenance Agreement with Cummins North Central, Inc. w. Dakota County Community Landfill Abatement Base Fund Application for 2003. x. Wetland Conservation Act Determination Findings and Conclusions for the Crossroads development. y. Spring Hill/Shady Oak Grove temporary turnaround easement. 13. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional .use permit to allow the expansion of an existing non-conforming single- family dwelling, utilizing the visual break in the bluff, located at 17070 Judicial Road. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 5 • ITEM 9 Mayor Johnson opened the public hearing on the imposition of a service charge in the Downtown Special Service District. The City Clerk attested to publication of the legal notice. Mr. Feller explained that the allocation of the total service charge to the downtown properties is based on the net tax capacity of the commercial values of the property in the district. Greg Peterka, representing the Downtown Lakeville Business Association and Special Service District Advisory Board, requested Council consideration of levying a special service charge of $27,534 payable in 2003. He presented the proposed 2.003-2004 budget of $26,500. Line item expenditures in the proposed budget include a Website, flowerpots, brochures and marketing, Wednesdays on Main, Pan-O-Prog, Easter, and Harvest Festival activities, as well as the DLBA-sponsored "Holiday on Main". There were no questions or comments.. 02.152 Motion was made by Luick, seconded by Rieb to close the public hearing on the imposition of a service charge in the Downtown Special Service District. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. 02.153 Motion was made by Rieb, seconded by Mulvihill to approve Resolution No. 02-237 imposing a service charge for Special Service District No. 1. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill ITEM 10 Mr. Feller explained that bids were received today for the issuance of $1,675,000 General Obligation Equipment Certificates of Indebtedness, Series 20026. He explained that Certificates of • indebtedness are short-term debt issued to finance the acquisition of police, fire, street maintenance and park maintenance CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 6 • equipment. Issuance of certificates of indebtedness for two years results in approximately $23,000 of reduced issuance costs. Mr. Feller introduced David MacGillvray of Springsted, Inc. Mr. MacGillvray presented the bid results for the $1,675,000 General Obligation Equipment Certificates of Indebtedness, Series 20026. There were a total of eight bids submitted for this bond issue. The best/lowest bid was submitted by UMB Bank, N.A. at an interest rate of 2..4212%. Mr. MacGillvray pointed out that short-term interest rates are extremely favorable at this time. Mr. MacGillvray stated Moody's Investors Service has assigned an Al rating to the City of Lakeville's equipment certificates. He explained that the Al rating reflects the City's rapidly expanding and diverse tax base and further reflects the City's historically sound financial position. 02.154 Motion was made by Mulvihill, seconded by Rieb to approve Resolution No. 02-238 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $1,675,000 General Obligation Equipment Certificates of Indebtedness, Series 20026. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. ITEM 11 Mayor Johnson opened the public hearing on the proposed assessments for weed and grass removal. The City Clerk attested to publication of the legal notice. Mr. Feller presented the proposed assessments for weed and grass removal on two parcels. The property identification numbers are 22-27601-050-10 and 22-20981-010-00. The total amount being assessed is $648.99, which includes interest and administrative fees. 02.155 Motion was made by Luick, seconded by Rieb to close the public hearing on the proposed assessments for weed and grass • removal. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 7 Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. 02.1.56 Motion was made by Bellows, seconded by Luick to approve Resolution No. 02-239 adopting assessment for weed and grass removal. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. ITEM 12 ]im Hayes, representing Hosanna! Lutheran Church, requested Council consideration of the preliminary and final plat of Hosanna 3rd Addition. Mr. Dempsey presented the planning report for the preliminary and final plat of Hosanna 3rd Addition, including the vacation of drainage and utility easements and a conditional use permit amendment to allow the expansion of the church seating and parking lot. The parking lot would be expanded to allow 63 additional parking spaces to accommodate an additional 300 seats in the church sanctuary now under construction. The church sanctuary would have a total of 1,800 seats and is designed to ultimately accommodate 2,500 seats. Future seating beyond the 1,800 would require the construction of additional parking. The engineering department has reviewed the grading plan, and the Dakota County Plat Commission has reviewed the proposed plat. The Planning Commission held a public hearing on November 7tn and unanimously recommended approval subject to seven stipulations. Council Member Luick asked about the gravel mining that had previously occurred on the site and whether additional gravel would be mined with this expansion. Mr. Hayes stated there is only minor grading associated with this expansion. The primary grading has been completed. 02.157 Motion was made by Mulvihill, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve the following documents associated with Hosanna 3rd Addition: CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 8 • a. Resolution No. 02-240 vacating drainage and utility easements b. Resolution No. 02-241 approving the preliminary and final plat of Hosanna 3rd Addition c. Amendment to Conditional Use Permit No. 96-01 to allow the expansion of the church seating and parking lot Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 14 Paul Kempf requested Council approval of Marion Village Fourth Addition, consisting of one single-family lot on one block. Mr. Dempsey presented the proposed Marion Village Fourth Addition, which represents the final phase of the Marion Village development. The developer is proposing the vacation of public street right-of-way to be included with the proposed Lot 1, Block 1, Marion Village Fourth Addition for the construction of a new single-family home. Mr. Dempsey explained that the Bayview Avenue right-of-way to the north was previously vacated, and there is no street existing within the proposed right-of-way vacation. The Planning Commission held a public hearing on the preliminary and final plat and right-of-way vacation and unanimously recommended approval. 02.158 Motion was made by Luick, seconded by Bellows to approve Resolution No. 02-242 vacating road right-of-way and Resolution No. 02-243 approving the preliminary and final plat of Marion Village Fourth Addition. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. ITEM 15 02.159 Motion was made by Rieb, seconded by Bellows to hold a Council work session on Monday, November 25, 2002, beginning at 4:30 • p.m. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 9 • Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. UNFINISHED BUSINESS None NEW BUSINESS (ITEM 80) Council Member Luick asked the City Attorney to provide additional information with regard to the application of Tree Top. Service for a tree service operator license.. Mr. Knutson explained that Tree Top Service was hired by Midwest Asphalt to remove numerous trees along the east side of the gravel pit known as Lake Marion Pit. The contractor also removed trees from areas identified as protected bluffs. Tree Top Service was cited for operating in Lakeville without a license. The contractor plead guilty. before a Dakota County court and paid a $150 fine. Tree Top Service has now submitted a license application. The license fee has been paid, and a certificate of insurance was submitted. Paul Mielke, President of Tree Top Service, agreed that he made an error by not contacting the City to inquire whether a license is required. He suggested that the City provide some tree cutting guidelines with the license application so that tree service operators are made aware of protected areas and tree preservation requirements. Mr. Erickson explained that the property owner who obtained the services of Tree Top Service was well aware of the City's guidelines with regard to tree removal in the shoreland area. As a result, the City filed charges against the property owner and lessee, Midwest Asphalt. 02.160 Motion was made by Mulvihill, seconded by Luick to grant a tree service operator license to Tree Top Clearing, Inc., d.b.a. Tree Top Service. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. Mayor Johnson adjourned the meeting at 8:22 p.m. Respectfully submitted, CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 18, 2002 PAGE 10 • Charlene Friedges, ' y Clerk ~~ Robert D. Joh son, Mayor • •