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CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
December 21, 2020
Mayor Anderson called the meeting to order at 6:33 p.m. via teleconference. After a
moment of silence, the Pledge of Allegiance to the flag was given.
Members Present: Mayor Anderson, Council Members Volk, Wheeler, Hellier, Lee
Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney;
Jeff Long, Police Chief; Jerilyn Erickson, Finance Director; Paul Oehme, Public Works
Director; Allyn Kuennen, Assistant City Administrator; David Olson, Community &
Economic Development Director; Daryl Morey, Planning Director; Charlene Friedges, City
Clerk
3. Citizen Comments: None
4. Additional Agenda Information: None
5. Presentations: The mayor and council recognized outgoing Councilmember Brian
Wheeler and thanked him for four years of service on the City Council.
6. Consent Agenda
Motion was made by Hellier, seconded by Wheeler, to approve the following:
a. Check register review
b. Minutes of the December 7, 2020 City Council meeting
c. Minutes of the December 14, 2020 City Council work session
d. Resolution No. 20-156 designating election polling places for 2021
e. Renewal of mixed municipal solid waste and recyclable material collection licenses
f. Resolution No. 20-157 accepting donation to the Police Department from The
Moments of Lakeville
g. Resolution No. 20-158 accepting donation to the Police Department from Restored
Thrift Store
h. Resolution No. 20-159 accepting donation to the Fire Department from Restored
Thrift Store
i. Partial release of development contract with DR Horton, Inc. for Argonne Estates
City Council Meeting Minutes, December 21, 2020 Page 2
j. Resolution No. 20-160 approving Berres Ridge 7th Addition final plat
k. Accept proposal from SEH, Inc. for design of well #4 raw watermain replacement,
Project 21-08
l. Consent to assignment of development contract for Interstate South Logistics Park
Third Addition
m. Assignment of securities escrow from Shamrock Development to George Badui
Younes, Chokecherry Hill 2nd Addition
n. Encroachment agreement with Cathleen C. Mahoney for private improvements in
public easement located at 17685 Hyde Park Avenue
o. Pedestrian and bicyclist crosswalk policy
p. Resolution No. 20-161 amending the 2020 budgets
q. Resolution No. 20-162 amending the paid time off policy
Roll call was taken on the motion. Ayes – Volk, Wheeler, Anderson, Hellier, Lee
7. Easement Vacation Public Hearing Project 20-05
Mayor Anderson opened the public hearing on the vacation of a public roadway easement
and a public drainage/utility easement for the County State Aid Highway 70 project from
Kenrick Avenue to Cedar Avenue.
City Engineer Zach Johnson explained that the easement vacation is needed for the
construction of a private road connection to Humboldt Road. The new access serves
properties owned by Dick’s Sanitation, Metropolitan Airports Commission and Boise
Cascade. The easements to be vacated will not contain public improvements and are no
longer needed for public use.
There were no questions or comments from the public.
Motion was made by Volk, seconded by Lee, to close the public hearing.
Roll call was taken on the motion. Ayes – Wheeler, Anderson, Hellier, Lee, Volk
Motion was made by Hellier, seconded by Wheeler, to approve Resolution No. 20-163
vacating an easement for roadway purposes and vacating a public drainage and utility
easement.
Roll call was taken on the motion. Ayes – Anderson, Hellier, Lee, Volk, Wheeler
City Council Meeting Minutes, December 21, 2020 Page 3
8. Keokuk Liquor Store
Assistant City Administrator Kuennen presented bid results for construction of the city’s
fourth liquor store on Keokuk Avenue. The City received 134 bids for 20 scopes of work.
The total cost for the base bid package is $4,126,954, which is $275,855 below budget. The
total cost for construction of the store with an alternate event space/tasting room is
$4,690,179. The primary funding source for construction of the liquor store will be from the
sale of bonds.
Motion was made by Volk, seconded by Wheeler, to approve Resolution No. 20-164
accepting the base bids plus alternate, approving construction contracts and amending
the 2021 budget; and approve Resolution No. 20-165 declaring official intent of the City of
Lakeville to reimburse certain expenditures from bond proceeds for the Keokuk liquor
store.
Roll call was taken on the motion. Ayes – Hellier, Lee, Volk, Wheeler, Anderson
9. Small Business Emergency Grants Round 3
Community & Economic Development Director Olson presented guidelines for a third
round of emergency grants for businesses impacted by Minnesota Executive Order 20-99,
utilizing up to $400,000 from the city’s general fund. Grants in the amount of $5,000
would be awarded to businesses directly impacted by the executive order. Businesses will
be eligible to receive city grant funds in addition to any grant funds they may receive from
Dakota County or the State of Minnesota.
Council members discussed whether corporate owned chains should be eligible for the
grant, as they are currently ineligible under the previous and proposed guidelines. It was
agreed that corporate owned chains should be eligible. Council also discussed whether
grants should be provided to local hotels with pools, because the executive order
prohibits the use of pools. Staff explained that this policy relates specifically to businesses
that were ordered to be closed to the public, thus hotels would not qualify.
Motion was made by Lee, seconded by Volk, to approve Resolution No. 20-166 approving
the third round of small business emergency grants and amending the program guidelines
by removing corporate owned chains from the list of ineligible businesses.
Roll call was taken on the motion. Ayes – Lee, Volk, Wheeler, Anderson, Hellier
10. City Administrator Performance Evaluation Summary
Councilmember Lee read the following statement on behalf of the Personnel Committee:
The City Administrator’s performance evaluation was completed by the Mayor and City
Council. Mr. Miller’s direct reports were also asked to complete a modified performance
evaluation form. This modified 360 approach provided the Mayor and City Council with
multiple viewpoints for Mr. Miller’s review and provided a balanced picture of his performance.
City Council Meeting Minutes, December 21, 2020 Page 4
Many factors were reviewed including his engagement, his understanding of department
operations, his leadership, his presence in the community, and his communications with the
Council, the public, and the employees. We find Mr. Miller’s performance exceptional,
especially his leadership during the COVID-19 pandemic and racial tensions this past year. The
City Council completed an annual performance evaluation for City Administrator Justin Miller
tonight at a special closed meeting. Per the City Administrator’s employment agreement, the
City Council will review compensation on an annual basis.
Motion was made by Hellier, seconded by Wheeler, to approve a salary increase to
$186,760 for City Administrator Justin Miller and provide an additional 40 hours of paid
time off to be in a separate leave bank effective January 1, 2021. The paid time off would
accrue 1.54 hours per pay period for 2021.
Roll call was taken on the motion. Ayes – Volk, Wheeler, Anderson, Hellier, Lee
11. COVID-19 City Operations Update
Mr. Miller provided a COVID-19 city operations update. He also provided an update on the
legal proceedings against Alibi Drinkery for its violation of Executive Order 20-99.
12. Unfinished business: None
13. New business: None
14. Announcements: Next regular Council meeting, January 4, 2021
Motion was made by Wheeler, seconded by Volk, to adjourn.
Roll call was taken on the motion. Ayes – Wheeler, Anderson, Hellier, Lee, Volk
The meeting adjourned at 7:40 p.m.
Respectfully submitted,
_____________________________________
Charlene Friedges, City Clerk
______________________________________
Douglas P. Anderson, Mayor