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Home My WebLink About03-18-19CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES March 18, 2019 Mayor Anderson called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. After a moment of silence, the Pledge of Allegiance to the flag was given. Members Present: Mayor Anderson, Council Members Volk, Wheeler, Hellier and Lee Staff Present: Justin Miller, City Administrator; Andrea McDowell-Poehler, City Attorney, John Kornmann, Deputy Police Chief; Paul Oehme, Public Works Director; David Olson, Community & Economic Development Director; Jerilyn Erickson, Finance Director; John Hennen, Parks & Recreation Director; Daryl Morey, Planning Director; Zach Johnson, City Engineer; Allyn Kuennen, Assistant City Administrator; Charlene Friedges, City Clerk 3. Citizen Comments: None 4. Additional Agenda Information: None S. Presentations/Introductions Chief Meyer presented the Fire Department 2018 Annual Report. 6. Consent Agenda Motion was made by Hellier, seconded by Wheeler, to approve the following: a. Check register review b. Minutes of the March 4, 2019 City Council meeting c. Ordinance No. 1008 amending Title 3, Chapters 7 and 9, of the Lakeville City Code concerning scavengers and taxicabs d. Renewal of consumption and display (set-up) permit for Madilin Creative LLC d.b.a. Board & Brush, 20770 Holyoke Avenue e. Non -bid contract with Intereum, Inc. for purchase of goods and services for the Police Department f. Lease Agreement with MARCO, Inc. for multi -function printer/copiers g. Findings of fact and conditional use permit amendment to allow construction of a classroom addition at Cherry View Elementary School, 8600175th Street W. City Council Meeting Minutes, March 18, 2019 Page 2 h. Resolution No. 19-23 calling a public hearing on proposed assessments for Improvement Project 19-02, the 2019 street reconstruction project Resolution No. 19-24 calling a public hearing on proposed assessments for Improvement Project 19-05, Hamburg Avenue improvements j. Resolution No. 19-25 awarding contract for Improvement Project 17-06, South Creek hydrodynamic separator; and Resolution No. 19-26 authorizing funding k. Resolution No. 19-27 designating Municipal State Aid streets I. First Amendment to Joint Powers Agreement with Dakota County for 2019 waste abatement community funding m. Grant Agreements with Dakota County for aquatic invasive species program funding assistance n. Professional services agreement with Blue Water Science for lake management o. Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for East Lake p. Agreement with Vermillion River Watershed Joint Powers Organization for an irrigation audit q. Contract with Cool Air Mechanical, Inc. for maintenance of the City's HVAC systems r. Purchase Agreement with Wetland Credit Agency for 202nd Street (CSAH 50) wetland banking credits s. Authorize purchase of flooring from Precision Floors, Inc. for the Police Department Voice vote was taken on the motion. Ayes - unanimous 7. Hy -Vee, Inc. Off -Sale 3.2% Malt Liquor License Mayor Anderson opened the public hearing on the application of Hy -Vee, Inc. for an off - sale 3.2% malt liquor license at Hy -Vee grocery store,16150 Pilot Knob Road. Matt Radeuchel was present on behalf of Hy -Vee. There were no questions or comments from the audience. Motion was made by Volk, seconded by Hellier, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous City Council Meeting Minutes, March 18, 2019 Page 3 Motion was made by Wheeler, seconded by Hellier, to grant an off -sale 3.2% malt liquor license to Hy -Vee, Inc., 16150 Pilot Knob Road. Roll call was taken on the motion. Ayes - Volk, Anderson, Wheeler, Hellier, Lee 8. Berean Baptist Church Pastor Tony Manning requested Council approval of the preliminary plat of Berean Baptist Church, located east of Holyoke Avenue, west of Highview Avenue and north of Heritage Drive. Mr. Morey presented the staff report for the Berean Baptist Church preliminary plat, consisting of one lot and five outlots on a 20 -acre parcel in the RS -3, single family residential district. A conditional use permit is being requested to allow a church use in the single family residential district and building height greater than 35 feet. An 11 -foot cross is proposed to be attached to a 36 -foot column for a total building height of 47 feet. Also included with this development is the vacation of existing public drainage and utility easements. Mr. Morey stated the applicant has submitted a revised site plan eliminating the westerly 20 spaces in the south parking lot to address traffic safety in that area. Mr. Morey stated the applicant is requesting the use of Outlot E in the northwest corner of the site for a freestanding monument sign. While the zoning ordinance currently requires the sign to be on the same parcel as the church, staff feels it is an appropriate request due to the nature and location of the use. Staff will review a possible zoning ordinance amendment in the future to address this matter. Staff will also work with church officials to revise the landscape plan to enhance the screening between the church and property owners to the east. Council members discussed the possibility of traffic congestion on Holyoke Avenue during services and asked Pastor Manning to coordinate his service times with All Saints Catholic Church and seek assistance from the Police Department if needed. Council members also discussed topography and the difference in elevation between the Berean Baptist Church property and the existing single-family homes to the east. Pastor Manning stated church officials have met, and will continue discussions, with adjacent residents to alleviate their concerns as much as possible. Council members supported the applicant's request to install a freestanding monument sign on Outlot E and also supported a future ordinance amendment to address the issue. Motion was made by Volk, seconded by Lee, to approve Resolution No. 19-28 approving the preliminary plat of Berean Baptist Church; findings of fact and a conditional use permit to allow a church in the RS -3 district and building height greater than 35 feet, and Resolution No. 19-29 vacating public drainage and utility easements. Roll call was taken on the motion. Ayes - Anderson, Wheeler, Hellier, Lee, Volk City Council Meeting Minutes, March 18, 2019 Page 4 9. Lakeville Arenas Ice Use Agreements Mr. Miller explained that for the past two decades, Lakeville Hockey Association has contributed funds through its charitable gambling operations to offset capital expenses at Ames Arena. The Joint Powers Agreement that created Lakeville Arenas expires this year. Mr. Miller presented a revised Lakeville Arenas Facility Use Policy and proposed new agreements between the City of Lakeville, ISD 194, Lakeville Hockey Association, Lakeville Arenas and the Heritage Figure Skating Club. These agreements address annual contributions, insurance, ice time allocation and naming rights. Motion was made by Volk, seconded by Wheeler, to approve the following: • First Amendment to Revised and Restated Joint Powers Agreement for Lakeville Arenas • Lakeville Arenas Facility Use Policy dated February 2019 • Gaming Revenue Agreement with Lakeville Arenas and Lakeville Hockey Association • Lakeville Arenas Use Agreement with Lakeville Arenas and Heritage Figure Skating Club Roll call was taken on the motion. Ayes - Wheeler, Hellier, Lee, Volk, Anderson 10. Mixed Municipal Solid Waste and Recyclables Collection Mr. Kuennen presented an ordinance amending Title 3, Chapter 8, of the City Code concerning the collection of mixed municipal solid waste and recyclables. The proposed ordinance creates two waste hauler service areas for residential collection. In general, the service areas of the city will be Wednesdays and Thursdays on the east half of the city and Tuesdays and Wednesdays on the west half of the city. The general dividing line will be Highview/Holyoke Avenue south to 202nd Street, 202nd Street east to Dodd Boulevard and south on Dodd Boulevard to the southern boundary of the city. Commercial and multifamily (apartment) collection is exempt from the day specific hauling requirement. The City's licensed residential haulers have until February 15, 2020 to comply with the new service area requirement. Council Member Volk stated she does not support the ordinance, as she feels the City should not control how a business runs its business. She stated she feels it does not resolve the issues expressed by residents; and she urged residents to decide among themselves on a single hauler to serve their neighborhood. Motion was made by Hellier, seconded by Lee, to adopt Ordinance No. 1009 amending Title 3, Chapter 8, of the Lakeville City Code concerning the collection of mixed municipal solid waste and recyclables and adopting the Waste Hauler Service Map dated March 18, 2019. Roll call was taken on the motion. Ayes -- Hellier, Lee, Anderson, Wheeler; Nay - Volk City Council Meeting Minutes, March 18, 2019 11. Unfinished business: None 12. New business: None 13. Announcements: Next regular Council meeting, April 1, 2019 Council work session, March 25, 2019 Mayor Anderson adjourned the meeting at 8:07 p.m. Respectfully submitted, Charlene Friedges, City I& Douglas P. Anderson, Mayor Page 5