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HomeMy WebLinkAbout12-21-98 L CITY OF LAKEVILLE COUNCIL MEEITNG DECEMBER 21,1998 Mayor Zaun 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 Ryan, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the December 7th City Council meeting and the December 7th and November 30th Council work sessions were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson announced that the City received Findings of Fact, Conclusion of Law, and Order for Judgment in favor of the City of Lakeville in the Robert E. Hoff lawsuit. ENGINEER: None ADMINISTRATOR: Mr. Erickson provided additional information for Agenda Item 9. He announced that Attorney Jim Walston has successfully concluded the downtown Giles land acquisition, which could be considered by the City Council under Unfinished Business. Mr. Erickson also announced that the City received a $124,000 COPS grant for a new records system at the Police Department. Mayor Zaun provided clarification of wording in the resolution for the Highway 42 corridor study, Agenda Item 13. PARKS & RECREATION DIRECTOR: Mr. Michaud. presented the November Parks & Recreation Department monthly report.. Council member Ryan asked about the possibility of installing a light near the sliding hill at 165th Street and Ipava Avenue. Mr. Michaud will. contact Dakota Electric to arrange for the additional light. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 2 ® CIiIEF OF POLICE: Chief Martens presented the November Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Lakeville's 40th Police Officer, Troy Hokanson. CITIZENS' COMMENTS: Mr. John Boland, 10241 205th Street West, stated he feels Lakeville should hold its municipal elections in the even-numbered years, which have a higher percentage of voter turnout than the odd-numbered years. CONSENT AGENDA Council members removed Items 7m, 7x, 7bb and 7cc from the consent agenda. 98.277 Motion was made by Holberg, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. November Investment Report. c. Receive minutes of the followin adviso committee meetin s: g rY g Planning Commission, December 10, 1998 Economic Development Commission, December 1, 1998 d. Resolutions No, 98-266 and 98-267 accepting donations from North Trail Elementary School and Ladies. Auxiliary to VFW Post #210 to the DARE Program. e. Ordinance No. 641 amending Title 9, Chapter. l of the Lakeville City Code concerning the Minnesota State Building Code. f. Contract for Professional Planning Services with Northwest Associated Consultants for the year 1999. g. Resolution No. 98-268 approving 1999 Community Development Block Grant funding. h. City Administrator's employment agreement. i. Renewal of mixed municipal solid waste and recyclable material collector licenses for 1999. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 3 j. Renewal of mechanical amusement device licenses for 1999. k. Resolution No. 98-269 amending Article VIII, Section 2, of the Fire Relief By-Laws. 1. Agreement with Eureka Township for fire fighting services. m. (Removed from consent agenda). n. Resolution No. 98-270 appointing depositories for 1999. o. Land Surveyor's Certificate of Correction to Homestead Creek East 3Ta Addition. p. Resolution No. 98-271 authorizing car allowances. q. Resolution No. 98-272 adopting the 1999 Schedule of Fees. r. Special Assessment Agreement with Jerome L. Hanson, Deborah A. Schiele and the Estate of Rudolph Joseph Petrofske, Jr. s. Resolution No. 98-273 setting rates of compensation for fire fighters. t. Resolution No. 98-274 amendin the Lakeville Em to ee Handbook and g p Y Liquor Store Employee Handbook concerning sick leave. u. Resolution No. 98-275 amending the Employee Handbook concerning employee insurance. v. Resolution No. 98-276 adopting the position classification and pay plan for exempt and non-exempt positions and setting forth the policy for administration of the pay plan. w. Portable warming house rental agreement with Willliams-Scotsman Company. x. (Removed from consent agenda). y. Trunk storm sewer credits, Highcroft Addition. z. Trunk storm sewer credits and trunk sanitary sewer improvements, Dodd Valley Estates and Dodd Valley Estates 2na Addition. aa. Trunk sanitary sewer credits, Wyldewood Oaks. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 4 bb. (Removed from consent agenda). cc. (Removed from consent agenda). dd. Resolution No. 98-277 amending the 1998 General Fund Budget. ee. Resolution No. 98-278 amending the 1998 Employee Benefit Fund Budget. ff. Resolution No. 98-279 amending the 1998 Drug Enforcement Fund Budget. gg. Agreement for legal services between City of Lakeville and Campbell Knutson, Professional Association. hh. Confirm the annual Board. of Review meeting to be held on Monday, April 12, 1999, at 7:00 p.m. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEMS 7X, 7BB, 7CC • 98.278 Motion was made by Holberg, seconded by Sindt to approve the following items: Trunk storm sewer credits, Harris Acres 1St and 2"d Addition Final acceptance of utility improvements, Heritage Square Addition Final acceptance of utility and street improvements, Harris Acres Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan abstained due to a possible conflict of interest. ITEM 8 Mayor Zaun opened the public hearing on renewal of on-sale liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses. Chief Martens presented the report prepared by Investigator Bill Forbord recommending renewal of all licenses as requested.. Mayor Zaun suggested that the liquor license renewal application should contain the address of the licensed establishment. The City Clerk will make the appropriate change. 98.279 Motion was made by Holberg, seconded by Sindt to close the public. hearing. i ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 5 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. 98.280 Motion was made by Sindt, seconded by Mulvihill to renew the following licenses effective January 1, 1999 through December 31, 1999: .Babe's Sportsbar & Grill: On-sale and Sunday liquor Brackett's Crossing Country Club: On-sale club and Sunday liquor Chart House Restaurant: On-sale and Sunday liquor Lakeville Family Bowl: On-sale and Sunday liquor Lakeville VFW Post 210: On-sale club and Sunday liquor Ole Piper Inn: On-sale and Sunday liquor Window's Steak, Pasta & Alehouse: On-sale and Sunday liquor Golf Enterprises (Crystal Lake Golf Club): On-sale wine and 3.2% malt liquor Holiday Station Store:. Off-sale 3.2% malt liquor Kwk Trip (three locations): Off-sale 3.2% malt liquor Mega Stop: Off-sale 3.2% malt liquor Pizza Hut: On-sale 3.2% malt liquor SuperAmerica (three locations): 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, Holberg, Ryan, Zaun, Sndt. ITEM 9 Alan Brixius, Northwest Associated Consultants, presented and recommended City Council approval of, the City of Lakeville 1998 Comprehensive Plan Update. (See document on file in the City Clerk's office.) Mayor Zaun asked about dividing the triangular parcel located north of 202°a Street .and south of Highway 50. Mr. Brixius explained that the parcel would be commercial on the east side, transitioning to office park/business campus to the west, then transitioning to medium density and retaining the low density along Antlers Park. Mayor Zaun stated he hoped the transition would be mutually beneficial to the City and property owner. Council Member Sindt asked about the Model Stone site and what is planned for the end use of that land. Mr. Sobota stated the current PUD is through the year 2010. Mr. Erickson stated he feels the upgrade of County Road 46 from its current urban terminus immediately west of the intersection of Pilot Knob Road.. and County Road 46 will prompt an earlier end use for that land. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 6 Council Member Ryan stated he feels performance standards for medium and high-density residential development are extremely critical. Mayor Zaun agreed that it is necessary to establish the performance standards the community wants. Leo Tutewohl, 16942 Pilot Knob Road, stated he feels the area on the north side of 170th Street should be medium density due to the high water table. Mr. Erickson explained that a mediation process between Mr. Tutewohl, his attorney and the cities of Lakeville and Apple Valley will hopefully bring this matter to closure in the very near future, resulting in medium density on the .south half of Mr. Tutewohl's property. Mayor Zaun asked about the process of dealing with anerror/oversight in the Comprehensive Plan after it is adopted. Mr. Brixius explained that an error would require a Comp Plan amendment, which would be accomplished through a public hearing process. Mayor Zaun asked what legal steps need to be taken to bring the City's zoning ordinance into compliance with the Comprehensive Plan.- Mr. Knutson explained that following. adoption of the Comprehensive Plan, the next step is to look at the zoning ordinance and have one or more public hearings on any necessary zoning ordinance amendments. Council Member Holber stated she was im ressed with the Plan review g p process and expressed her appreciation to City staff on behalf of Lakeville residents. Mr. John Raplinger, 210th Street West, thanked the staff and Council for. allowing and considering input from the residents. Council Member Mulvihill asked that copies of the document be made available to the public in the Dakota County libraries and at city hall. ITEM 10 Mr. Sobota presented a proposal by the City of Lakeville, Independent School District 194, Lakeville Hockey Association and Lakeville Community Corporation for a conditional use permit amendment to allow a 26,600 square foot. expansion to the Lakeville Ames Arena. The 1997 high school expansion plans included 122 additional parking spaces to be shared by the high school, football. stadium and the arena. The arena expansion project involves re-platting of the Lakeville Elementary Addition and the Lakeville High School Addition. The proposed ice arena. expansion also requires the vacation of existing boundary drainage and utility easements in the Lakeville Elementary Addition and Lakeville High School Addition. The proposed plat will dedicate an ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 7 additional five. feet ofright-of--way for Dodd Boulevard, consistent with subdivision ordinance requirements. Driveways on the north and south sides of the parcel will access the site. The Planning Commission reviewed the proposed project and recommended approval. Staff recommends approval of the easement vacation, preliminary and final plat and conditional use permit amendment. Council Member Sindt asked if the expansion .area would, in any way, impact the in-place housing along Highway 50: Mr. Sobota stated those impacts would be mitigated by screening that is required by the zoning ordinance. There would also be some additional screening on the south property line of the arena. 98.281 Motion was made by Holberg, seconded. Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve Resolution No. 98-281 vacating a boundary drainage and utility easement; Resolution No. 98-282 approving the preliminary and final plat of Lakeville Elementary 2na Addition; and a conditional use permit amendment to allow an expansion of the Lakeville Ames Arena, located at 19900 Ipava Avenue. Roll call `was. taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 11 Finance Director Dennis Feller provided an overview of the 1999 budgets, which are consistent with the information presented at the December 14~' Truth in Taxation hearing. The budgets include appropriations for the City Clerk's conference and the new Community & Economic Development Department employee as directed by the City Council at the hearing. 98.282 Motion was made by Holberg, seconded by Sindt to approve the following budget resolutions: Resolution No. 98-283 adopting the 1999 General Fund Budget Resolution No. 98-284 adopting the 1999 Cable TV Fund Budget Resolution No. 98-285. adopting the 1999 Environmental Recycling Fund Budget Resolution No. 98-286 adopting the 1999 Drug Enforcement Fund Budget Resolution No. 98-287 adopting the 1999 Employee Benefit Fund Budget Resolution No. 98-288 adopting the 1999 GIS Fund Budget Resolution No. 98-289 adopting the 1999 Surface Water Management Utility Fund Budget Resolution No. 98-290 adopting the 1999 Oak Wilt Suppression Grant Fund Budget . Resolution No. 98-291 adopting the 1999 Enhanced 911 Fund Budget ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 8 • Resolution No. 98-292 adopting the 1999 Economic Development Revolving Loan Fund Budget Resolution No. 98-293 adopting the 1999 Municipal Reserves Fund Budget Resolution No. 98-294 adopting the 1999 Equipment Fund Budget Resolution No. 98-295 adopting the 1999 Building. Fund Budget Resolution No, 98-296 adopting the 1999 Police Station Expansion Fund Budget. Resolution No. 98-297 adopting the 1999. Park Development Fund Budget Resolution No. 98-298 adopting the 1999 Liquor Fund Budget Resolution No. 98-299 adopting the 1999 Water Utility Fund Budget Resolution No. 98-300 adopting. the 1999 Sanitary Sewer Utility Fund Budget Roil call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 12 98.283 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98-301 adopting the 1999 tax levy. Rolf call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. • ITEM 13 City Engineer Keith Nelson presented the County Road 42 Corridor Study. He explained that the public participation program for the County Road 42 Corridor Study included both a Technical and an Advisory Committee, which the City of Lakeville participated in. Lakeville's involvement with the Co Rd. 42 study involves supplemental roadways. The study looked at the extension of County Road 46 and 150th Street west to Scott County to divert traffic off of County Road 42. The extension of 150th Street was recommended in the final document; however, after further analysis the County Road 46 extension was deleted. The study identifies two possible principal arterial roadways in Lakeville in the long-range future. One is at 185th Street and I-35, and the other is at County Road 70 and I-35. The proposed resolution adopts the draft final report for the County Road 42 Corridor Study as a regional blueprint and requests that Dakota County move the Central County Sub Area Study from the year 2000 to 1999. Mayor Zaun provided some minor "form" changes that could be made in the "Be it Resolved" portion of the resolution. Council member Holberg expressed her appreciation to Dakota County for allowing the City of Lakeville to participate in the process. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 9 98.284 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-302 adopting the County Highway 42 Corridor Study as a regional blueprint, with the changes in the resolution as recommended by Mayor Zaun. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 14 98.285 Motion was made by Ryan, seconded by Mulvihill. to appoint David Luick to the City Council for aone-year term effective January 4, 1999. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill. Holberg abstained from voting, as she is prohibited by State Statute from participating in the discussion or appointment of her successor. Mr. Luick was presenf and thanked the City. Council for the opportunity,to serve the community. Mayor Zaun recessed the Council meeting at 8:55 p.m. and reconvened. the meeting at 9:05 p.m. • ITEM 15 98.286 Motion was made by Mulvihill, seconded. by Sindt to re-appoint the following advisory committee members effective January 1, 1999: Planning Commission (3-year terms):_Laurie Reib, Karl Drotning Planning Commission (1-year terms): David Bellows, Bruce Skipton Parks & Recreation Committee (3-year terms): Howard Lovelace, Cheryl Bann, Ace Raymond; Alternate Kevin Illa did not seek re-appointment Environmental Affairs Committee (2-year terms): Thomas Goodwin, Jeff Bonde, Dan Schmitt, John Kline Environmental Affairs Committee (1-year term): Robert Nicholson EAC Waste Haulers Subcommittee (1-year terms): Mike Trulson, Quality Waste Control and Brett Anderson, Lakeville Sanitary & Recycling Service Cable TV Board (2-year terms): Terry Lind, Wenzel Ruhmann, Rosalyn Pautzke, Greg Stattman Cable TV Board (1-year term): Robert Crompton, Jr. Economic Development Commission (3-year: terms): Jack Matasosky, Bob Vogel; Joan Krejci did not seek re-appointment Economic Development Commission (1-year term): Jerry Erickson Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan.. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 10 ITEM 16 98.287 Motion was. made by Sindt, seconded by Mulvihill to receive letters of resignation from Barbara Wanner and Richard Cecchini, and authorize staff to advertise vacancies on the Planning Commission, Economic Development Commission and Parks & Recreation Committee. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. UNFINISHED BUSINESS City Attorney Roger Knutson presented an Order for Judgment from District Court, First Judicial District, regarding Mr. Robert E. Hoff. Mr. Knutson explained that Mr. Hoff was interested in pursuing development of a motor fuel facility on his property abutting Kenrick Avenue near County Road 46; however, a formal application was not made. During that process, the City adopted a moratorium on motor fuel facilities. Mr. Hoff filed a suit against the City claiming that.. the moratorium was unlawful and prevented him from doing what he wanted with his property. The Order for Judgment dismissed the claims alleged against the City. . ITEM 7M Council Member Ryan stated he is opposed to raising salaries for the Mayor and Council members. He stated he feels the Council's current salary is more than fair and should not follow regular increases in salaries of City employees. He stated he also feels that by the years 2000 and 2001 the City maybe looking at lowering the City employees' pay increases. He stated he feels it is important that the City Council set an example and spend money cautiously. Council Members. Holberg, Mulvihill and Sindt felt that the Council should receive some: compensation. They felt that based on salary surveys, Lakeville Council salaries are comparable to other cities. Mayor Zaun pointed out that the proposed salaries reflect a 3% increase in the year 2000 and 2,5% in 2001. He felt the increases are justified. 98.288 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 642 amending Title 1, Chapter 5 of the Lakeville City Code concerning salaries of the Mayor and City Council members. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Zaun, Sindt. Nay, Ryan.. Council Member Ryan stated he was concerned about sending mixed messages to the public. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 11 UNFINISHED BUSINESS. Mr. Erickson presented a Real Estate Purchase Agreement and Waiver of Relocation Benefits with New Century Construction, Inc. He and Attorney Jim Walston negotiated a $340,000 purchase price for Mr. Giles' property, which is located in downtown Lakeville. Demolition of the rear portion of the building could occur immediately. Individuals who had first right of refusal have signed a release. Council Member Ryan stated he served on the Downtown Lakeville Business Association and is enthused about preserving and revitalizing the historic downtown. He stated he feels this purchase is a step in the right direction. 98.289 Motion was made by Sindt, seconded by Mulvihill to approve the Real Estate Purchase Agreement with New Century Construction, Inc., subject to final review and approval by City Attorney Roger Knutson. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. The City"Council directed the City Attorney to submit information on the pros and cons of even-year municipal elections versus odd-year municipal elections • and how the Council would transition between odd-year versus even-year terms. NEW BUSINESS Mayor Zaun asked that his name be forwarded to the Association of Metropolitan Municipalities (AMM) for participation on the Transportation Advisory Board. It was also. recommended that Keith Nelson's name be submitted for appointment to the Technical Advisory Committee of the AMM. 98.290 Motion was made by Mulvihill, seconded by Sindt to approve the City's membership in the Association of Metropolitan Municipalities and request that Duane Zaun be appointed to the Transportation Advisory Board and that Keith Nelson be appointed to the Technical Advisory. Committee. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Council Member Holberg voiced her frustration regarding a letter the Council sent to the St. Paul Pioneer Press regarding articles the newspaper published about .the Lakeville City Council and staff. She stated the Pioneer Press has not yet printed the letter sent to them by the City Council, which responded to various inaccuracies in the newspaper's articles about Lakeville. ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 21, 1998 PAGE 12 Mayor Zaun stated he feels the Council's response needs to be made public, and would like the letter, as written by the City Council, to appear in a Sunday edition of the newspaper. Council Member Sindt suggested taking the matter to the News Council. Mr. Knutson stated a second option is to consider litigation. Council Member Mulvihill stated she would be willing to pursue legal action against the Pioneer Press. She suggested possibly purchasing ad space in the newspaper to publish the letter. Council Member Ryan stated the City Attorney should contact the News Council. 98.291 Motion was made by Sindt, seconded by Mulvihill to put together a discovery outlining facts and possible action the City Council could take regarding publication of the City Council's response to an article published in the St. Paul Pioneer Press, directing the City Attorney to work with Council member Holberg on this matter. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan... Announcements: Next re ular Council meetin Janu 4 1999 g g, ary , Mayor Zaun adjourned the Council meeting at 10:25 p.m. espectfully submitted, Charlene Friedges, City Jerk u Zaun, May r