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HomeMy WebLinkAbout12-17-01 .~1 , 'g ~~ '~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 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: 'R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Qrector; S. Michaud, Parks & Recreation Director; D. Morey, Planning Director; D. Martens, Police Chief; D. Volk, Director of Operations & Maintenance; J. Hennen, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the December. 3, 2001 City Council meeting and the November 26, 2001 Council work session were .approved as presented; STAFF ANNOUNCEMENTS Al~"ORNEY:-None ENGINEER: None ADMINISTRATOR: Mr. Erickson announced that representatives of Xcel Energy were not able to attend this evening's meeting, thus Item Sb will need to be re-scheduled for a Later date. PARKS & RECREATION DIRECTOR: Mr. Michaud presented. the November mon hly report of the Parks & Recreation Department. CHIEF OF .:POLICE: Chief Martens presented the Police Department November monthly report. ~ ' } ~ (' CITY OF_LAKEVILLE COUNCIL MEETING. DECEMBER 17, 2001 PAGE 2 PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Community Service Ofificers Nels Engstrom, :Andrew Bellows and Timothy Mahoney. CITIZENS' COMMENTS None CONSENT AGENDA 01.154 Motion was made by Luick, seconded by Mu vihill to approve the consent agenda items as follows: a. Claims fior payment. b. November Investment Report.. c. Receive minutes of the December-6,.2001. Arts Center Board. meeting. d. .Resolution No. 01-225 amending the 2001 General Fund Budget. e. Resolution No. 01-226 amending the 2001 Drug Enforcement Fund Budget. f. Resolution No. 01-227 amending the 2001 Economic Development Revolving Loan .Fund Budget. g: Resolution No. 01-228 amending the 2001: Cable TV Fund Budget. h. Resolution No. 01-229 amending the Environmental Recycling Fund Budget. i. _ Resolution No. 01-230 amending the GIS Fund. Budget. j. Resolution No. 01-231 amending the Surface Water Management Fund Budget. k. Resolution No. 01-232 amending the Oak Wilt Suppression Fund Budget. . ,. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 :.PAGE 3 I. Resolution No. 01-233 amending the E-911 Fund Budget, m. Resolution No. 01-234 adopting the 2002 Schedule of Fees. n, Ordinance No. 696 amending Title 8, Chapter 1 of the Lakeville City Code concerning the Fire Department; and Resolution No. 01-235 authorizing 90 firefighters. o. Special Assessment Agreement with Ronald .and Elin Rimnac, 9655 - 185t" Street West. p. Approval and. renewal of mixed municipal solid waste. and .recyclable material collectors licenses, effective January 1 through December 31, 2002. q. Renewal of billboard licenses for 2002.. r. Renewal of mechanical amusement device licenses for 2002. s. Resolution No. 01-236 .accepting donation from the Lakeville Lions Club to the Police and Fire Departments for the purchase. of American flag ribbons. t. Resolutions No. 01-237, 01-238,_01-239, 01-240 and 01- 241 accepting donations to the DARE .Program. from Twin Cities Harley.-Davidson, Inc.; College City Homes; Ryt-Way. Industries, Inc.; Schneiderman's Furniture, Inc. and J&E/Earn Manufacturing Company. u. Accept resignation of Gerald Comer,.Jr. from the Planning Commission. v. ' Resolution No. 01-242 adopting .the Lakeville Liquors .Employee Manual for all positions with. the. City. of Lakeville Liquor Department w. Resolution. No. 01-243 adopting the position classification and pay plan for exempt and non=exempt positions and setting forth the policy for administration of the pay plan. CITY OF LAKEVILLE COUNCIL MEETING 'DECEMBER 17, 2001 PAGE 4 x. Resolution No. 01-244 setting salaries for City of Lakeville instructors and seasonal employees. y. Resolution No. 01-245 .setting compensation and reimbursement rates for firefighters. z. Resolution No. 01-246 adopting the liquor stores' position salary structure. aa. Authorize 36.5 hours of vacation to be carried forward to 2002 for the Information Systems Manager. bb Resolution No. 01-247 accepting a $1,500 Partners: in Progress Grant from. Dakota Electric. cc. HVAC Maintenance Agreements with Yale.-:Mechanical, Cramer Buitding Maintenance and Aliiant Mechanical for City facilities. • dd. A reement with Victor Albrecht for the purpose of 9 providing adult dance lessons. ee. Snow removal contract with Rudd Construction. ff. Final. acceptance and final payment to Keys Well Drilling .Company for Well No. 14, Improvement Project 00-4A. gg. Publishing Agreement with Mpls. St. Paul Magazine. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 8 Fire .Chief Danny Barth requested Counci consideration of an architectural services agreement with Tushie-Montgomery and Associates for construction of Fire Station #4. He explained that the City's Capital Improvement Plan has, for many years, anticipated the needfor the construction of Fire Station #4. The construction of a fourth fire station will enable-the Fire CITY OF LAKEVILLE COUNCIL MEETING DECEM$ER 17; 2001 PAGE 5 r~ ~J Department to meet the fire safety needs of its growing community. Mr. Barth explained that adequate land. was purchased fora fourth fire station. adjacent to the` Water Treatment Facility on 185th Street anal .Ipava Avenue.. This strategic location is the geometric :center of the City, with convenient access to major highways, including County Road 60, Dodd Boulevard and ..Ipava Avenue. A Fire Department Committee was..formed to study the need for a fourth fire station and develop a _preliminary design. .Gary Tushie, Tushie Montgomery Architects, presented a site -plan, architectural design, floor plans and building elevations for the proposed facility. The building would be slightly less than 13,000 square feet in size. Finance Director Dennis .Feller presented the proposed project costs. and funding sources for Fire Station #4. The total project cost is estimated at $2,2 million. Of that amount, $400,000 will be paid from the Liquor. Fund cash-on-hand. Thee remaining cost would be financed through lease revenue bonds. The total bond issue would be $2,180,000. The bonds would be issued by the Lakeville HRA over a 15-year period with a 10=year call. provision. The average annual debt service is estimated-to be $212,.000 over the 15-year life of the bonds. 01.155 Motion- was made by Mulvihill, seconded by Rieb to approve an .Architectural Services Agreement with Tushie-Montgomery and Associates, Inc. for construction of Fire Station #4. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. 'ITEM 9 Mayor Johnson opened the Truth in Taxation public hearing. He explained that State law did not .require .cities to hold truth in taxation public hearings this year. However, the City Council chose to hold a public hearing in order to provide taxpayers the opportunity to ask questions and present comments on the proposed 2002 budget and tax. levy. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, .2001 PAGE 6 • Mr. Erickson presented the Executive Summary of the proposed 2002-2003 City of Lakeville budget. Most Lakeville residents, he explained, will experience a property tax reduction in 2002 of between 20-30%. He explained that the September 11tH terrorist attacks on the United States and .Minnesota's $1.95 billion budget shortfall. have impacted the City's budget process. As a result of these events, City staff began to determine what an appropriate fund balance should be in a city's budget. He pointed out that the City's auditing firm has complimented the City's fund balance as being adequate, but not excessive. Mr. Feller provided a detailed overview of the 2002 City of Lakeville budget and tax levy. (See Finance Director's .Truth in Taxation memo dated December 7, 2001 on file in the City Clerk's office) The 2002 Tax Levy for the City of Lakeville is $10,894,396. There were no questions or comments from members of the audience. 01.156 Motion was made by Luick, seconded by Bellows to chose the Truth in Taxation public hearing.. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. 01.157 Motion was made by Rieb, seconded by Mulvihill to adopt the Year 2002 budgets as follows: Resolution No. 01-248 adopting the General Fund Budget Resolution No. 01-249 adopting the Cable TV Fund Budget Resolution No. 01-250 adopting the Environmental/Recycling Fund Budget Resolution No. 01-251 adopting the Employee Benefit Fund Budget Resolution No. 01-252 adopting the GIS Fund Budget Resolution No. 01-253 adopting the Surface Water Management Utility Fund Budget Resolution No. 01-254 adopting the Oak Wilt Suppression Grant Fund Budget CITY OF LAKEVILLE COUNCIL MEETING, DECEMBER 17, 2001 PAGE 7 Resolution No. 01-255 adopting the Enhanced 911 Fund Budget Resolution No. 01-256 adopting the Economic Development Revolving Loan Fund Budget Resolution No. 01-257 adopting the Municipal Reserves Fund Budget Resolution No. 01-258 adopting the Equipment Fund Budget Resolution No. 01-259 adopting the Building Fund Budget Resolution No. 01-260 adopting the Liquor Fund Budget Resolution No. 01-261 adopting the Water Operating Fund Budget Resolution No. 01-262 adopting theSanitary Sewer Operating Fund Budget Roll call was taken on the motion.. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. 01.158 Motion was made by Mulvihill, seconded by Luick to approve Resolution No. 01-263 adopting the Year 2002 Tax Levy. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. ITEM 10 Mr. Dempsey presented the request of Crystal Lake Country Club for a Planned Unit Development Amendment to allow the sale of on-sale liquor and extended hours of operation at Crystal Lake Golf Club, 16725 Innsbrook Drive. He explained. that the City Council approved the Fourth Amendment to the Crystal Lake Golf Estates PUD on October 4, 1999. The Fourth Amendment allowed the. construction of the clubhouse banquet room and included stipulations restricting alcohol sales to beer and wine. It also established limited hours of operation for the banquet facility. The Planning Commission held a public hearing on the proposed amendment and recommended approval subject to the following: ^ Eliminate the requirement that the police officer in attendance at functions of 150 or more persons be in uniform; CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, .2001 PAGE 8 • ^ Allow the sale of intoxicating liquor on the premises; ^ Retain the existing weekday hours of operation (stop serving alcohol at 9:30 p.m. and close at 10:00 p.m.; ^ Extend weekend hours of operation by one hour (stop serving alcohol at 11:30 p.m. and close at midnight. Mr. Dempsey stated staff further recommended the following: ^ No outdoor entertainment permitted on the premises; ^ December 31St of each year shall be exempted from restricted weekday hours of operation and shall be permitted to stop serving alcohol at 12:30 a.m. and close at 1:00 a.m. Mr. Dempsey explained that, since the Planning Commission meeting, the applicant has submitted afour-page spreadsheet categorizing the date, type of event and number of guests at each event. The average number of guests per event in the summer months has been 85. Only three of the 156 events. • held in the banquet facility between April and October were at the maximum banquet facility capacity of 225 persons. City Attorney Roger Knutson explained that Crystal Lake Golf Course is governed by a Planned. Unit Development. Therefore, the zoning issue (PUD amendment) must be considered prior to consideration of a liquor .license. Mr. Erickson clarified. that the hours of operation must be considered under the PUD amendment. Council Member Rieb stated she feels Crystal Lake Golf Course should not be treated any different than other liquor. establishments in the City with respect to hours of operation. She asked what the hours of operation are for establishments. in the City that hold an on-sale liquor license. Investigator Bill Forbord explained that State Statute allows alcohol to be served until 1:00 a.m. every evening except Sunday. The .City has asked liquor establishments to stop serving at 12:30 a.m. and asks that all patrons leave the establishment by 1:00 a.m. This policy, he stated, has worked well. Gary Carlson, 16702 Innsbrook Drive, stated he does not feel that Crystal Lake Golf Course can be compared to the Chart CITY OF LAKEVILLE COUNCIL MEETING- DECEMBER 17, 2001 PAGE 9 House or Brackett's Crossing Country Club. He stated Crystal Lake .Golf Course is unique, in that when the homes were first constructed and sold in that neighborhood, the golf course did not have a banquet facility of the size it has now. Also, all traffic: must enter and exit the clubhouse and banquet facility through a residential neighborhood. He was concerned with the safety of neighborhood children if the hours of operation are expanded. Diana Simonpietri, 16851 Ironwood Circle, stated that in addition to the safety issue, she is also inconvenienced by the golf course allowing lawn mowers to operate at 5:00 a.m. every morning. Gary Fuchs, 16580 Irwindale Way, a resident of the Boulder Village neighborhood, spoke in support of issuing a liquor license and extending the hours of operation. John Keeler, also a resident of Boulder Village, spoke in support of changing the hours of operation to coincide with other liquor establishments in the community. Dale Myer, 16706 Innsbrook Drive, stated he lives directly across from the driveway to the golf course. He spoke in opposition to any extension of hours at the golf course beyond the Planning Commission's recommendation. The City Administrator explained that the Planning Commission did not have the information provided by the applicant. regarding dates and types of events that were held during the past year. Brian King, 16620 Irwindale Way, spoke in support of the liquor license and standard hours of operation. Mayor Johnson asked if there have been any motor vehicle/pedestrian accidents in that area. Chief Martens stated there have not. Council Member Luick pointed out that a PUD is different than a business; there are more restrictions with a PUD. He felt that CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 PAGE 10 the hours of operation should be limited as recommended by the Planning Commission. Council Member Bellows also .supported the Planning Commission's recommendations. 01.159 Motion was made by Mulvihill, seconded by Luick to accept the information provided- by Mr. Hultgren outlining dates, types of events at the banquet facility and attendance at each event. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. Council Member Rieb recommended the facility be allowed to sell alcohol until 10:30 p.m. and close at 11:00 p.m. during the week. She further recommended that weekend hours (Friday and Saturday) be consistent with other liquor establishments in the city. Council Member Rieb pointed out that the Police Department brings any concerns or issues to the Council's attention when the liquor license is renewed annually. Council Member Mulvihill stated she would. support extending the weekday closing. time by one hour (10:30/11:00 p.m.) Mayor Johnson also supported extending the weekday hours. Council Member Luick stated he remains sensitive to-the fact that this establishment is located in a residential area. He stated he would support extending the weekday closing time by one-half hour from what the Planning Commission. recommended. 01.160 Motion was made by Luick, seconded by Bellows to approve the Fifth Amendment to the Crystal Lake Golf .Estates Planned Unit Development to allow the sale of intoxicating (iquor and extended hours of operation as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Luick, Bellows. Nays, Johnson, Mulvihill, Rieb.. CITY OF LAKEVILLE COUNCIL MEETING- DECEMBER 17, 2001 PAGE 11 • Motion failed. 01.161 Motion was made. by Rieb, seconded by Mulvihill to allow the sale of intoxicating liquor at Crystal Lake Golf Course, 16725 Innsbrook Drive. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. 01.162 Motion was made by Mulvihill, seconded. by Bellows to approve the Fifth Amendment to the Crystal Lake Golf Estates Planned Unit Development as recommended by the Planning Commission and City staff, with the. exception of the weekday hours of operation, to be established as follows: Sunday through Thursday: Stop serving alcohol at 10:00 p.m., close at 10:30 p.m. .Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill. Nay, Rieb. Council Member Rieb felt that the hours of operation should be consistent with other liquor establishments in the City of Lakeville. ITEM it Mayor Johnson opened the public hearing on the application of Golf Enterprises, Inc. for an on-sale and Sunday liquor license at Crystal Lake Golf Course. The City Clerk attested to publication of the legal notice. Investigator Forbord explained that Crystal Lake Golf Course has held an on-sale wine and beer license for the last six years. The applicant meetsthe requirements set forth by State Statute and City ordinance for an on-sale liquor license. Taxes have been paid in full on the property, and a certificate of dram shop insurance has been submitted. The Police Department, he stated, has no objection to the license. being granted. There were no questions or comments from the audience. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 PAGE 12 01.163 Motion was made by Luick, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. 01.164 Motion was made by Mulvihill, seconded by Rieb to grant an on-sale and Sunday liquor license to Golf Enterprises, Inc., d.b.a. Crystal Lake Golf Course, 16725 Innsbrook Drive, effective January 1 through December 31, 2002. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 12 Mayor Johnson opened the public hearing on the renewal of on- sale liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses. The City Clerk attested to publication of the . legal notice. Investigator Forbord presented the renewal applications of the following establishments, providing a summary of issues or' changes that have taken place during the past year: ^ Babe's Sportsbar & Grill ^ Brackett's Crossing Country Club ^ Chart House Restaurant ^ Harry's Cafe ^ Holiday Station Store #504 ^ Kwik Trip (3 stores) ^ Lakeville Family Bowl ^ Lakeville VFW ^ Ole Piper ^ Pizza Hut • SuperAmerica (3 stores) ^ Tak Shing Chinese Restaurant Investigator Forbord stated the Chart House Restaurant is proposing two additional evenings of live outdoor entertainment.. The nearby residents have been notified. He also reported that one liquor establishment recently received. a CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 PAGE 13 • citation for serving alcohol to a minor. The disposition of that matter is pending. Council Member Luick asked if the City has a process in place to handle alcohol related violations. The City Attorney stated he has drafted, and staff is currently. reviewing, an ordinance amendment that would establish. a more detailed process than what the City currently has in place. There were no questions or .comments from the audience. 01.165 Motion was made by Mulvihill, seconded by Rieb to close the public hearing. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. 01.166 Motion was .made by Mulvihill, seconded by Rieb to approve the following Licenses effective January 1 through December 31, 2002: Babe's Sportsbar & Grill: On-sale and Sunday liquor Brackett's Crossing Country Club: On-sale and Sunday special club Chart House Restaurant: On-sale and Sunday liquor Harry's Cafe: On-Sale and Sunday liquor Holiday Station Store: 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 Lakeville VFW: On-sale and Sunday special club 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 Tak Shing Chinese Restaurant: On-sale wine and 3.2 malt liquor Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 PAGE 14 • Mayor Johnson recessed the Council meeting at 9:10 p.m. and reconvened at 9:15 p.m. ITEM 13 Associate Planner Ron Mullenbach presented a proposed amendment to the 1999 Comprehensive Plan for the Tutewohl, Trevis & Jorgenson properties located at the northeast corner of Pilot Knob Road and 170th Street. He explained that the proposed amendment is consistent with the mediated settlement agreement between the City of Lakeville, City of Apple Valley and the Tutewohl fami y dated May 31, 2000. The amendment would re-guide approximately 80 acres of land from Low Density Residential to Park and. Medium Density Residential. He explained that the Tutewohls have sold the south half of the property to Wright. Homes for the development of townhomes. Wright Homes has submitted a sketch plan for the proposed townhome development. The preliminary and final plat plans will be forwarded for Planning Commission and City Council consideration prior to July 1, 2002, consistent with the mediated settlement agreement. Mr. Mullenbach further explained that the Comprehensive Plan amendment will allow the City to utilize a $295,350 grant from the Minnesota DNR for acquisition of the north half of the Tutewohl property for use as a comm-unity park. The Planning Commission held a public hearing on the proposed Comprehensive Plan amendment and unanimously recommended approval. Staff recommends approval. 01.167. Motion was made by Luick, seconded by Mulvihill to approve Resolution No. 01-264 concerning a Comprehensive Plan amendment re-guiding property from Low-Density Residential to Park and Medium-Density Residential and amending the MUSA boundary for the Tutewohl, Trevis & Jorgenson properties located at the northeast corner of Pilot Knob Road and 170th Street. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 PAGE 15 ITEM 14 Mr. Morey presented a proposed zoning ordinance amendment concerning required permits and. approvals. He explained that the ordinance amendment was prepared in response to new legislation, which states that City ordinances cannot include building code requirements that are. more restrictive than the State .Building Code. This would apply to detached accessory buildings 120 square feet or less in .size, fences six feet or less in height and certain swimming pools. The Planning Commission held a public hearing and unanimously recommended approval. Staff recommends approval. 01.168 Motion was made by Bellows, seconded by Mulvihill to approve Ordinance No. 697 amending Titlell of the Lakeville City Code concerning required- permits anal approvals. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. ITEM 15 The City Council considered a resolution establishing a new Parks, Recreation and Natural Resources Committee. Mayor Johnson explained that the. City Council reviewed this matter at a recent work session. The Council discussed the duplication of duties that exists between the existing Parks & Recreation Committee and Environmental Affairs Committee, such as issues relating to trails, wetlands, open space, conservation easements and ponding. Mayor Johnson. stated he met with members of both committees and reviewed the proposed changes. Both committees voted to accept the incorporation of the two committees into one. Mr. Erickson suggested that the resolution be amended to include the appointment of appropriate staff liaisons to the new committee. They. are the Parks & Recreation Director and City Engineer. 01.169 Motion was-made by Rieb, seconded by Mulvihill to approve Resolution No. 01-265 establishing the Parks, Recreation and Natural Resources. Committee, as amended to include the staff liaisons (Parks & Recreation Director and City Engineer); and CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 2001 PAGE 16 • • Ordinance No. 698 amending Titles 7, 9 and 10 of the Lakeville City Code concerning reference to the Environmental Affairs Committee and Park and Recreation Committee. Roll call was taken on the motion.. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 16 01.170 Motion was made by Rieb, seconded by Luick to hold a Council Work Session on Monday, January 14, 20.02, at 5:15 p.m. Roll call was taken on the motion. Ayes, Johnson, .Mulvihill, Rieb, Luick, Bellows. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, January 7, 2002 -Mayor Johnson adjourned. the meeting at 9:30 p.m. Respectfully submitted, ~~ ~ / -, Charlene Fridges, Clerk Robert D. Jo~(,~son, Mayor