HomeMy WebLinkAbout12-07-98
F i .
CITY OF LAKEVILLE COUNCIL MEEITNG
DECEMBER 7,1998
Acting Mayor Sindt 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.
Absent: 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 November 16, 1998 City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
City Clerk: Ms. Friedges announced that the City Council, upon review of
applications at a work session earlier this evening, has chosen two applicants to
be interviewed for the City Council vacancy. David Luick and Mark Bellows
will be interviewed at a work session on Saturday, Decemberl2tn
Attorney: None
Engineer: None
Administrator: None
Director of Operations & Maintenance: Don Volk presented the November
Operations & Maintenance Department Monthly Report.
PRESENTATIONS/iNTRODUCTIONS
Chief Martens, on behalfof the Lakeville Police Department, presented Chief's
Awards of Merit to the following individuals: Dannie Gustafson, Brian Hanson,
Shirley Hotvedt and Thomas Rowland representing. the Countryview
Manufactured Home Community; Jefferson Lines Bus Driver Bruce Bjornson;
and 12-year-old Phillip Michael Deem from Queen Anne Mobile Home Park.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 7, 1998
PAGE 2
CITIZENS' COMMENTS John Boland, 10241 205' Street West, suggested
that Lakeville hold its municipal elections in the even-numbered years rather
than in the odd-numbered years. He pointed out that voter turnout is much
higher in the even-numbered years. This would also eliminate the extra costs to
hold municipal elections. Mr. Boland stated that by having even year elections,
it would have eliminated the Council from having to appoint a successor for
Council member Holberg. Acting Mayor Sindt stated this matter has been
previously discussed and could be further discussed by the Council at an
upcoming work session. Mr. Erickson pointed out that another city in Dakota
County has recently gone through this process and found it to be rather
contentious, because the transition scenario has a tendency to extend terms. He
stated the City Attorney could prepare a memo that would describe how the
.transition would affect current terms for Lakeville Council members based on
State Statute.
CONSENT AGENDA
Council member Ryan removed items 7j, 7k, 71, 7m, 7n and 7p from the consent
agenda.
98.268 Motion was made by Holberg, seconded by Mulvihill to approve the consent
agenda items as follows:
a. Claims for payment.
b. Receive minutes of the following advisory committee meetings:
Joint EDCBAC South Creek Subcommittee, November 3rd and Stn
Planning Commission, November 19, 1998
c. Resolution No. 98-24$ setting dates of regular Council meetings for 1999..
d. Agreement with Gopher Outside Storage.
e. Service Maintenance Contract with South-Town Refrigeration, Inc. for
Liquor Stores No. 1, 2, 3 and 4.
f. Appointment of Tom Montgomery, Hastings Public Works Director, as
.Commissioner to the Vermillion River Watershed Management
Organization.
g. Appointment of Keith Nelson, Lakeville City Engineer, as Commissioner
to the Black Dog Watershed Management Organization.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 7, 1998
PAGE 3
h. Agreement with Dakota County Department of Highways for early
acquisition and relocation costs for Cedar Avenue, Improvement Project
97-9.
i. Renew Standard Engineering Agreements and 1999 fee schedules with:
• Barr Engineering
• Orr-Schelen-Mayeron & Associates, Inc.
• Short Elliott Hendrickson, Ina
• SRF Consulting Group, Inc.
• Tolz, King, Duvall, Anderson & Associates.
j. (Removed from consent agenda)
k. (Removed from consent agenda)
1. (Removed from consent agenda)
m. (Removed from consent agenda)
n. (Removed from consent agenda)
o. Trunk storm sewer credits for Airlake Development Addition.
p. (Removed from consent agenda)
q. Resolution No. 98-254 setting water, sanitary sewer, street light and
surface water management fees.
r. Ordinance Na 639 amending Title 7, Chapter 3 of the Lakeville City
Code concerning street lighting charges.
s. Resolution No. 98-255 authorizing all-way stop signs at Hayes Avenue
and 174th Street.
t. Resolution No. 98-256 authorizing all-way stop signs Griffon Trail and
Harwell Avenue.
u. Resolution No. 98-257 authorizing public and private stop signs.
v. Resolution No. 98-258 setting salaries for City of Lakeville instructors and
seasonal employees.
w. Lease agreement with Robert Berres to farm approximately 10 acres on
the east side of Aronson Park.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 7, 199$
PAGE 4
x. Tree service operator license for Quik's Excavating & Landscape.
y. Call a public hearing on the renewal, of liquor, club liquor, Sunday liquor,
wine and 3.2% malt liquor licenses for December 21, 1998.
z. Resolutions No. 98-259, 98-260, 98-261 and 98-262 accepting donations
from Provincial Bank, REXAM, Crown Cork & Seal Company and
Applied Power Products, Inc. to the DARE Program.
aa. Ordinance No. 640 amending Title 3, Chapter 8 of the City Code
concerning Mixed Municipal Solid Waste and Recyclable Collectors..
bb. Maintenance agreement with Fredrickson Heating & Air Conditioning for
the liquor stores and fire stations.
cc. Standard Service Agreement with Dakota Pet Hospital.
dd. Final acceptance of street improvements in Interlachen Glen.
ee. Resolution No. 98-263 accepting donation from Robert and Shelley
Erickson to City Hall.
ff. Renewal of billboard licenses for 1999.
gg. Receive resignation of Jeannie Bowers from the Snowmobile Task Force.
hh. Agreement with South Forty Archery Club for use of Ritter Farm Park.
ii. Lease agreement with McNamara Contracting, Inc. for a flooding truck.
jj. Agreement with CAP Agency for Meals on Wheels.
kk. Resolution No. 98-264. authorizing OSM & Associates to prepare plans
and specifications for Klamath Trailway Phase III.
Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Holberg.
ITEM 8
Ms. Barbara Lukermann, who facilitated the reconvened 1998 Strategic Growth
Management Task Force, introduced Bob Vogel one ofthe 22 task force
members. Mr. Vogel provided an overview of, Growth Management Strategies
for the City of Lakeville, Report and Recommendations of the Strategic Growth
Management Task Force dated November X998. (See document on file in the
City Clerk's office).. Mr. Vogel highlighted the following areas of the report:
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 7, 1998
PAGE 5
• Information Gathering
• Core Values as Lakeville Grows
• .Defining the Vision for 2020
• SWOT (Strengths, Weaknesses, Opportunities and Threats) Analysis
• Recommendations
Mr. Vogel, along with task force member Greg Stattman, presented an
appreciation plaque to Ms. Lukermann in recognition of her work with the task
force. A plaque was also prepared for Ms. Ann Rasmusson, who served as
research coordinator.
Council member Holberg asked about implementation of the new Central Area
Plan, which will place additional demands on City staff. She suggested the
Personnel Committee look into the staffing situation, particularly in the
Community Development Department, and report back to the City Council for
consideration with next year's budget.
Council member Ryan suggested the Council hold a work session in the near
future to discuss and prioritize all the recommendations. ofthe Strategic Growth
Management Task Force. Mr. Erickson stated that Mayor Zaun would like the
Council to discuss the Task Force recommendations at the City Council retreat,
which will be held some time in January or February.
98.269 Motion was made by Holberg, seconded by Mulvihill to authorize the Personnel
Committee to review the staffing situation in the Community Development
Department and report back to the City Council for consideration with next
year's budget.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan.
ITEM 9
Mr. Pat Kline, Community Relations Manager for NSP, requested Council
approval of a conditional use permit for Cooperative Power Association (CPA)
and Northern .States Power (NSP) fora 11.5 kilovolt (kV) electric transmission
line.
Mr. Dempsey presented the staff report on the transmission line request. He
explained that the line is proposed to be constructed on the west side of Cedar
Avenue beginning at the Dodd Park electric substation, south to County Road
50, then west on the north side of County Road 50 to the Airlake substation,
south along the west side of Hamburg Avenue to 215' Street, then west on the
south side of 215' Street. The line would then move to the north side of 215th
Street west of County Road 70 to the west side of Kenrick Avenue, then south
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 7, 1998
PAGE 6
to the Lakeville city limits. He explained that Cooperative Power Association
has been working with the Dakota County Highway Department to ensure the
.transmission line plans are consistent with the roadway improvement plans.
Upon completion of the project, CPA will remove the existing transmission
lines west of Hamburg Avenue. The plans also include extensive landscaping
along the west side of Hamburg Avenue to replace the existing trees that need to
be removed. All property owners along the west side of Hamburg Avenue have
signed roadway, drainage and utility easements dedicating right-of--way and
easements for future widening of Hamburg Avenue.
Cooperative Power Association and NSP held open houses to inform all
property owners within 500 feet of the proposed project. The Planning
Commission held a public hearing and unanimously recommended approval of
the conditional use permit. Mr. Dempsey pointed out two corrections in the
Conditional Use Permit document. Section l.b) on Page 1 should read, "...to
allow NSP to occupy..." Section 2.f) on Page 2 should read, "...north of County
Road 70 and south of County Road 50..." Staff recommends approval of the
conditional use permit as amended.
Council member Ryan asked what the clearance zone should be between the
lowest wire and the ground. Joe Mansur of NSP stated if the lines are crossing a
road, the clearance is 21 feet above the surface. Lines that run paxallel to the
road need to be at least 19 feet above the surface. Council member Ryan asked
if the Power Company is responsible for moving lines if the clearance would
cause a conflict in the future.
Mr. Sobota pointed out that condition (h) of the conditional use permit states
that Cooperative Power Association will be responsible for the cost of moving
the poles. Mr. Erickson suggested that condition (h) could be amended by
adding the words, "and wires". Representatives of NSP and CPA concurred.
with the recommended changes.
98.270 Motion was made by Holberg, seconded by Mulvihill to receive the Planning
Commission's Findings of Fact and Recommendation and approve Resolution
No. 98265 approving roadway, drainage and utility easements for Hamburg
Avenue; and approve a Conditional Use Permit for Cooperative Power
Association and Northern States Power Company, acknowledging the two
corrections by Frank Dempsey and adding the words, "and wires" to condition
(h)•
Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Sindt.
ITEMS 7J, K, L, M, N
CITY OF LAKEVILLE COUNCIL MEETING
.DECEMBER 7, 1998
PAGE 7
. Council member Ryan voiced opposition to raising these rates, as he doesn't see
justification for the rate increases. He felt that housing is becoming more
expensive due, in part, to the City's fees going up. The City Engineer explained
that the rate increase of approximately 2.7% represents the change in
construction costs as reported by the Engineering News Record.
Mr. Erickson explained that the Strategic Growth Task Force recommended that
the City Council consider changing its policy of charging (assessing) 100% of
the costs back to the benefiting property to be developed. This change would
help reduce the direct cost of housing within the MUSA. He also stated that the
City has had a long standing policy whereby water infrastructure improvements
such as wells, towers and the water treatment facility are financed with
connection charges, rather than water use rates. The City Council has
previously made a decision that current residents should not have to subsidize
future developments. In addition, the City has pledged the connection charge
revenue to the repayment of its outstanding debt. The pledge includes a
commitment to maintain rates at a level adequate to meet future debt. payments.
98.271 Motion by Mulvihill, seconded by Holberg to approve the following:
Resolution No. 98-249 establishing 19991ateral sanitary sewer and watermain
access charges.
Resolution No. 98-250 establishing 1999 sanitary sewer unit and. sanitary sewer
area connection. charges.
Resolution No. 98-251 establishing 1999 watermain unit connection charge.
.Resolution No. 98-252 establishing 1999 street assessmentpolicy (rates) for
collector and arterial roadways.
Resolution No. 98-253 establishing 1999 storm sewer area charge.
Roll call was taken on the motion. Ayes, Holberg, Sindt, Mulvihill. Nay, Ryan
ITEM 7P
98.272 Motion was made by Holberg, seconded by Mulvihill to approve final
acceptance of utility and street improvements, Crystal Lake Fairways Addition.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg. Ryan
abstained due to a possible conflict of interest.
UNFIlvISHED BUSINESS
Council member Holberg asked about the status of naming several Lakeville
parks. Mr. Michaud stated the Parks & Recreation Committee has forwarded
recommendations for park names, which can be reviewed by the City Council at
. a future work session.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 7, 1998
PAGE 8
•
NEW BUSINESS
Council member Mulvihill voiced her concern that the City of Apple Valley is
considering allowing Fisher Sand & Aggregate to mine 54 acres of a 68.5-acre
site north of 160th Street. Given the fact that this proposal is inconsistent with
the previous understandings reached between the cities of Lakeville and Apple
Valley, she asked how the Council should address this issue.
Mr. Knutson explained that the Apple Valley City Council is considering an
amendment to its Comprehensive Plan this Thursday night, which would allow
gravel mining in this area. He pointed out that an EIS (Environmental Impact
Statement) had previously been done for this area, and the City of Lakeville
could request that a supplemental EIS be prepared. The supplemental EIS
would be justified, considering the fact that 450 new homes were recently
approved for construction on the land immediately west of this site.
98.273 Motion was made by Mulvihill, seconded by Holberg to direct Mayor Zaun to
send a letter to the Apple Valley City Council expressing the City's concern
with allowing mining of 54 acres north of 160th Street, requesting that a
supplemental EIS be prepared for the area, and asking the City of Apple Valley
to adhere to its Comprehensive Plan and the agreement that was reached with
the City of Lakeville in 1991.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg. Ryan
abstained, as he stated he did not have enough information on the matter.
Announcements: Next regular Council meeting, December 21, 1998
Special Council meeting, December 14, 1998
Acting Mayor Sindt adjourned the meeting at 8:56 p.m.
Respectfully submitted,
r
Charlene Friedges, City Cler
B dt, Acting Mayor