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HomeMy WebLinkAbout02-19-02• CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 A complete video tape 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, Mulvihill, Rieb, Luick and Mayor Johnson. Also present: J. Jamnik, Assistant City Attorney; B. Erickson, City Administrator;.]. Rubash, Assistant City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation. Director; D. Volk, Director of Operations & Maintenance; J. Hennen, Assistant to City Administrator; C. Friedges, City Clerk. • MINUTES The minutes of the February 4, 2002 City Council meeting and the January 14, 2002 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson presented additional information for agenda items 8 and 9. He also asked the Council to consider a resolution authorizing weight restrictions on City streets. This additional item could be considered by the City Council under New Business. ALF AMBULANCE DIRECTOR: Kevin Raun presented the 2001 ALF Ambulance Annual Report. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 PAGE 2 • PARKS & RECREATION DIRECTOR: Mr. Michaud presented the January monthly report of the Parks & Recreation Department. PRESENTATIONS/INTRODUCTIONS Colette Jurek and Jim Rhodes, representing the Excel Energy Foundation, presented a check in the amount of $5,000 to the Friends of the Lakeville Area Arts Center. The $5,000 grant was pursued last fall to help fund the inaugural season of performing arts activities at the new Arts Center. Board member Jeff Larson accepted the donation on behalf of the Friends of the Lakeville Area Arts Center. Dennis Feller introduced David MacGillivray, Springsted Chairman, who presented the Certificate of Achievement for Excellence in Financial Reporting for the year ending December 31, 2000, to the Lakeville City Council and staff. He also presented the Award of Financial Reporting Achievement to Senior Accountants Brian Kempa and David Lang. • Mr. MacGilllivr then nted a I ue to the Cit Council in ay prese p aq y recognition of the City's recent credit rating upgrade from an A- 2 to an A-1 rating by Moody's Investor Service. He explained that ongoing development, growth management and fiscal policies of the City have positioned the City to receive the attention of Moody's analysts. CITIZENS' COMMENTS None CONSENT AGENDA 02.16 Motion was made by Rieb, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. January Investment Report. c. Receive minutes of the following advisory committee meetings: CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 PAGE 3 • Parks, Recreation & Natural Resources Committee, February 6, 2002 Lakeville Area Arts Center Board, February 7, 2002 Planning .Commission, February 7, 2002 Ames Arena Advisory Committee, February 5, February 7 and February 12, 2002 d. Real Estate Purchase Agreement with McLeod Telecommunications Services, Inc. for Outlot B, Donnay's Valley Park 5t" Addition. e. Contract with Dakota County for 2002 Sentence to Sefvice Program work crews. f. Maintenance Agreement with All City Elevator for Lakeville Area Arts Center. g. Vending Services Agreement with Dakota Valley Vending. • h. Authorize submittal of a grant application to the Metropolitan Regional Arts Council for funding of a strategic planning retreat for members of the Lakeville Area Arts Center Board. i. Agreement with South Forty Archery Club for use of the Ritter Farm Park archery range. j. Renewal of tree service operator license for Phillips Complete Tree Service, Inc. k. Special home occupation permit to allow the operation of a hair salon at 17360 Foliage Avenue. I. Resolution No. 02-33 approving the final plat of Vermillion Springs Third. m. DARE Services Agreement with School District No. 196. n. Resolution No. 02-34 approving a gambling permit for Knights of Columbus Council 8367 for pull-tabs at Lakeville Family Bowl. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 PAGE 4 • o. Resolution No. 02-35 approving a gambling permit for VFW Post 210 for pull-tabs at the VFW Club. p. Gambling permit for Dakota Strutters Chapter of the National Wild Turkey Federation for a raffle at Brackett's Crossing on March 2, 2002. q. Gambling permit for All Saints Church for a raffle to be held on May 12, 2002.. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 8 Fire Chief Danny Barth presented a resolution approving plans and specifications and setting a bid date for Fire Station No. 4. The Fire Department Building Committee, consisting of six • volunteer members of the Department, has reviewed the plans and specifications and recommends approval. Mr. Erickson provided an overview of the architectural plans for Fire Station No. 4 prepared by Tushie Montgomery Architects. He explained that several alternates are being recommended for consideration. The SCBA air compressor ($30,000 - $50,000) and the folding garage doors ($90,000 - $110,000) could be eliminated if necessary. Epoxy flooring in the .apparatus garage ($12,000 - $15,000) and in the ambulance garage ($3,000 - 4,000) could be added if the budget allows. Mr. Feller explained that Lease Revenue Bonds would be issued to finance the construction and issuance costs associated with the fire station project. Liquor profits would be pledged to repayment of the debt. If, for whatever reason, liquor net revenues are not adequate and sufficient for debt repayment, the City can levy property taxes, which are not currently subject to levy limits. 02.17 Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 02-36 approving plans and specifications and CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 PA~Gf 5 setting a bid date for Fire Station No. 4, Improvement Project 01-14. Roll call was taken on .the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. ITEM 9 John Schroeder, President of the Lakeville Hockey Association, requested Council approval of a Memorandum of Understanding related to the Lakeville Ames Arena seating .project. He explained that when the first sheet of ice was constructed, funding was not available for adequate seating. Approximately five years ago, the Lakeville School District donated bleachers from the McGuire Jr. High School stadium site. However, the first three to four rows do not provide adequate spectator visibility. Approximately 30% of the overall seating capacity is inadequate. • Mr. Feller ex lained that the Lakeville Hocke Association has p Y requested City utilization of excess pull-tab revenue for the construction of permanent seating in the arena. The bleachers would be atop-loaded system and .would provide seating for approximately 610 spectators. The project includes center ice access to the potential locker rooms with shower and restroom facilities underneath the bleachers. This was designed to maximize the space directly underneath the seating area. School District 194 will be responsible for financing the locker room improvements when .funding. becomes available. School District representatives have indicated a willingness to consider financing the rough-ins as part of the base bid. However, there has been no commitment to provide funding for locker rooms at this time. The locker rooms will be bid as a construction alternate. Bids will be opened on April Stn Mr. Feller explained that four funding sources have been identified for the project. • Ice Arena Surplus Account $250,000 • LMCIT loan (3% interest) 220,144 CITY OF LAKEVILLE COUNCIL MEETING .FEBRUARY 19, 2002 PAGE 6 • • Ice arena construction fund .34,065 • Lakeville Hockey Association 46,507 Total $550,716 The Lakeville Hockey Association has agreed tq provide sufficient revenue for repayment of the LMCIT loan. The LHA has also agreed not to pursue construction of a new dryland training facility until the LMCIT loan is paid in full. Mr. Feller explained that the Minnesota Amateur Sports Commission has Mighty Ducks grant money available. A Mighty Ducks grant would help reduce the amount of the loan for the ice arena seating project. Thus, Mr. Feller recommended the City Council authorize submittal of an application to the Minnesota Amateur Sports Commission for a Mighty Ducks grant. 02.18 Motion was made by Mulvihill, seconded by Bellows to approve the following with respect to the Lakeville Ames Ice Arena seating project: a. Memorandum of Understandin between the Cit of 9 y Lakeville, Independent School District 194, Lakeville Hockey Association, Lakeville Community Corporation and Lakeville Housing and. Redevelopment Authority; b. Architectural Agreement with DLR Group of MN, Inc.; c. Resolution No. 02-37 relating to the issuance and sale of General Obligation Capital Notes; authorizing participation in the League of Cities Insurance Trust Capital Note Program; d. Resolution No. 02-38 authorizing application for a Mighty Ducks Grant Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 10 Mr. Morey presented a proposed ordinance amending Title 11 of the Lakeville City Code related to seating accessory to prepared food sales in the C-1 Retail Commercial District. He • .explained that the proposed amendment stems from existing CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 PAGE 7 and proposed uses at Ipava Marketplace located at the corner of .County Road 46 and Ipava Avenue. The amendment would apply to all nine C-1 Retail Commercial District locations in the City and would allow seating accessory to certain food sales provided that four criteria are met: 1) No accessory drive-through facilities 2) No sale or consumption of on/off sale Liquor 3) Area dedicated to seating shall be limited to 300 square feet of floor area; and 4) Adequate off-street parking and off-street loading shall be provided The Planning Commission recommended approval of the proposed text amendment on a six-to-one vote. The one negative vote was due to the feeling that the amendment should limit the number of chairs rather than square footage. Mayor Johnson asked what benchmark is being used to • determine adequate off-street parking. Mr. Morey explained that a minimum parking requirement must be met for a commercial strip center. In the past, taking into account that a commercial. strip center will have uses of varying intensity, the property owner provides a proof of parking study. That provides the City with specific information for each tenant, including hours of operation, number of employees, peak demand times, etc. The main issue with Ipava Marketplace is that the center is new and tenants have only been in business for a few months. Staff would have the opportunity to look at these uses on an individual basis, taking into account the compatibility of the uses, to determine parking demand. Council Member Bellows asked about the square footage requirement for seating with respect to fire codes. Mr. Morey .explained that the Planning Commission and staff had estimated that roughly 15-20 chairs would provide a comfortable seating layout within that space. Council Member Bellows stated he feels there is too much ambiguity, and the Council is being placed in an awkward • position by making a premature decision with respect to CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 • PAGE 8 parking. Since Ipava Marketplace is only 75% occupied, there should be more specific- limitations on seating in the event other high intense uses occupy the strip center. The Assistant City Attorney suggested that provision No. 4 of the ordinance could require a conditional use permit process, rather than an administrative review .process, for a second or subsequent accessory seating use in the center. This would provide a more detailed review by the Planning Commission and City Council, with greater latitude and discretion in attaching terms and conditions to that use. Council Member Luick stated he also feels the City Council has. been placed in an awkward position with having to set these standards after the developer repeatedly disregarded the City's suggestions and/or directives with respect to parking at Ipava Marketplace. Mr. Erickson explained that most commercial centers in the city a have a higher zoning classification than Ipava Marketplace and can accommodate multiple intense uses. Council Member Bellows asked if the conditional use permit is granted to the business or to the property. Mr. Erickson. stated the conditional use permit is filed (recorded) against the property. 02.19 Motion was made by Luick, seconded by Mulvihill to table consideration of an ordinance amending Title 11 of the Lakeville City Code related to the C-1 Retail Commercial District, to allow the Assistant City Attorney time to re-word provision #4 and to obtain an opinion from the Fire Marshal with regard to seating capacity. Roll call was taken on the motion. Ayes, Luick, Bellows, Mulvihill. Nays, Rieb and Johnson. Mayor Johnson stated he felt there was ample information to act on this amendment with the recommendation of the Assistant City Attorney. Council Member Rieb concurred. i -CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2002 PAGE 9 UNFINISHED BUSINESS None NEW BUSINESS Mr. Volk presented a resolution that would establish spring weight restrictions on specific roads in the City of Lakeville. He explained that due to the record-setting warm winter weather, spring weight restrictions are being implemented earlier than usual. 02.20 Motion was made by Mulvihill, seconded by Rieb to approve Resolution No. 02-39 authorizing the Department of Operations and Maintenance to place weight restrictions on certain City roads. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. - ANNOUNCEMENTS . Next regular Council. meeting, March 4, 2002 Council work session, February 25, 2002 Mayor Johnson adjourned the meeting at 8:40 p.m. Charlene Friedges son, Mayor • Respectfully submitted,