Loading...
HomeMy WebLinkAbout11-16-98 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16, 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; B. 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; L. Gustafson, Deputy City Clerk. MINUTES The minutes of the November 2, 1998, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson indicated the City had. received a letter from Mr. Ernest Lindstrom, representing Mr. Robert Hoff stating he was appealing his assessments. Two .property owners attended the 6:30 p.m. meeting to discuss their proposed assessments. ADMINISTRATOR: Mr. Erickson distributed information concerning Item 71. The provision insures the ordinance would not apply to subdivisions for which a development contract with different requirements has been entered into prior to its effective date. Mr. Erickson asked the Council to table Item 7r. This item would be corrected and included on the next Council agenda. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the October Parks & Recreation Department monthly report. CHIEF OF POLICE: Chief Martens presented the October Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Heidi Hamilton, representing the Dakota County Environmental Education Program, presented a Certificate of Appreciation to the City Council for participating in programs and i working in partnership to implement water resources education in Dakota County. Mayor Zaun then presented a certificate to Ms. Hamilton in recognition of her contributions to the . .CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16,1998 PAGE 2 City of Lakeville as Environmental Engineer and Environmental Resources Coordinator from August 1996 to November 1998. CITIZENS' COMMENTS None CONSENT AGENDA Council Member Ryan asked that Items 7h and 7i be removed from the consent agenda as he wishes to abstain due to a possible conflict of interest. Item 7r was removed at Mr, Erickson's request. 98.251 Motion was made by Sindt, seconded by Holberg to approve the consent agenda as amended: a. Claims for payment. b. October Investment Report. c. Receive minutes of the following advisory committee meetings: • Cable Board, October 13, 1998 • Environmental Affairs Committee, November 2, 1998 • Parks & Recreation committee, November 4, 1998 • Planning Commission, November 5, 1998 • Neighborhood Planning Districts, October 27 and October 29 • Snowmobile Task Force, October 22, 1998 • Growth Task Force, October 14 and October 28 d. Janitorial maintenance contracts with Osland Building Maintenance, Tower Cleaning Systems and Marsden Building Maintenance Company. e. Resolution No. 98-237 adopting the Downtown Special Service District tax levy for taxes payable 1999. f. Lakeville Convention and Visitors Bureau 1999 budget. g. Resolution No. 98-238 approving plans and specifications and setting a bid date for rehabilitation of Lift Stations 6, 11 and 12, Improvement Project 98-12. h. Removed from consent agenda. i. Removed om consent a ends. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16, 1998 PAGE 3 j. Change Order No. 1 with Ingram Excavating for park trail improvements, Improvement Projects 96-4, 97-5, 97-20 and 98-2. k. Appointment of Clay Van De Bogart. and John. Kline to the Environmental Affairs Committee for terms which will expire on January 1, 2000 and January 1, 1999, respectively. 1. Ordinance No. 637 amending Title 10 of the Lakeville City Code, the City's subdivision regulations, concerning dedication, sidewalk, and multi-purpose trail requirements. m. Agreement with Michelle Volk, Meals on Wheels Coordinator. n. Real Estate Purchase Agreement with Walter R. Sternberg :and Resurrection A. Sternberg, Improvement Project 96-9. o. Contract to Employ Attorney with Walsten, Walston & Te Slaa, P.A. p. Resolution No. 98-239 accepting donation from Imperial Plastics to the Administration Department. q. First Amendment to and Assignment of Redevelopment Agreement by, between and among the. City of Lakeville, Lakeville Five, Inc. and Aurora Investments, LLC. r. Removed from consent agenda. s. Resolution No. 98-240 adopting the non-exempt liquor stores' position salary structure. t. Resolution No. 98-241 amending the Liquor Store Employee Handbook modifying the physical and psychological examinations policy. u. Resolution No. 98-242 amending the Liquor Store Employee Handbook modifying the sick leave with pay policy. v. Trunk storm sewer credits for Town & Country Estates and Town & Country Estates 2nd Addition. w. Resolution No. 98-243 extending 1998 City of Lakeville tobacco licenses until March 31, 1999. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 7h Final acceptance of utility and street improvements, Quail Meadows l st • Addition. ITEM 7i Final acceptance of utility improvements, Quail Meadows 2nd Addition. CITY OF LAKEVII..LE COUNCIL MEETING NOVEMBER 16,1998 PAGE 4 98.252 Motion was made b Holber seconded b Mulvihill to a rove consent a ends Items 7h Y g, Y pp g and 7i. Roll call was taken. on the motion. Ayes, Sindt, Mulvihill, Holberg, Zaun. Abstained, Ryan. Council Member Ryan abstained due to a possible conflict of interest. ITEM 7r Agreement for Legal Services between the City of Lakeville and Campbell Knutson, Professional Association. 98.253 Motion was made by Sindt, seconded by Mulvihill to table Item 7r to a December Council meeting. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 8 Mayor Zaun opened the public hearing on the proposed assessments for County Road 5, County Road 46 and the I-35/County Road 46 interchange, Improvement Project 91-3. The Deputy City Clerk attested to legal notices being duly published and mailed. 98.254 Motion was made by Sindt, seconded by .Holberg to acknowledge receipt of a letter from Ernest A. Lindstrom representing Mr. Robert Hoff objecting to his proposed assessments. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. City Engineer, Keith Nelson stated the improvements were constructed by Dakota County under three separate construction contracts. In addition to major street reconstruction, installation of sanitary sewer and watermain laterals were included in the project. The project was financed by joint agreements with the Minnesota Department of Transportation, Dakota County, the City of Burnsville and the City of Lakeville. Dakota County estimated the total project cost at $18 million with the City's share of the costs approximately $8.5 million. The City's share of the final project cost is $7,966.855 which is under the original estimate. Mr. Nelson indicated the amount to be assessed is $1,680.671.83, slightly under the original estimate. City funding sources for the project, in addition to the special assessments include the trunk. utility, trunk storm sewer, and park trail funds, Minnesota State Aid funding, tax increment and ad valorem taxes. Finance Director, Dennis Feller explained that assessments are proposed for a twenty year period at 8.0% interest. During the first thirty days, a .property owner may pay all or a portion of the assessment to the City. The assessment roll will be certified to the Dakota County Treasurer-Auditor with the first payment payable with the 1999 taxes. He explained that property owners who are at least 65 years of age or are unemployed due to a disability may apply for a senior citizen assessment deferment. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16, 1998 PAGE 5 Mr. Bruce Hansen, 15017 - 1st Avenue S., Burnsville, owns two arcels bein assessed. He p g was concerned that one parcel has no street access. He objected to the assessment improvements and gave Mayor Zaun written notice of his plan to appeal his assessment. Mr. Hansen asked if the City was assessing any part of the right of way. Council Member Ryan asked Mr. Erickson if right of way under condemnation is technically the property owner's. Mr. Erickson responded that the right of way obtained for the project was acquired from Mr. Hansen through the legal process of condemnation. Final settlements for several properties, including Mr. Hansen's, are still pending.. 98.255 Motion was made by Mulvihill, seconded by Sindt to receive the written notice of objection to assessments from Mr. Bruce Hansen. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. 98.256 Motion was made by Sindt, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. 98.257 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98-244 adopting assessments for Improvement Project 91-3, Reconstruction of CR46/CSAH 5/I-35 Interchange Improvements. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 9 Mayor Zaun opened the .public hearing' on the proposed assessments .for Weed/Grass Removal.. The Deputy City Clerk attested to legal notices being duly published and :mailed. Finance Director, Dennis Feller presented the proposed assessment to thirteen parcels of land containing zoning violations ,for weeds and/or grass in excess of 12 inches in length. The property owners did not comply with the City's requirement to .have the weeds/grass removed; therefore, the City did the work and is now assessing the costs to the .thirteen property owners. The amount to be assessed for each property includes the contractual cost to cut the weeds/grass, $25.00 for administrative costs, $2.00 for County Special Assessment fees, and interest. If a .property owner pays the assessment within the first thirty days, no interest will be charged. This assessment would be certified to the Dakota County Treasurer- Auditor to be collected with the 1999 taxes. There were no questions or comments from the audience. 98.258 Motion was made by Sindt, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. CITY OF LAKEVILLE COUNCII. MEETING NOVEMBER 16, 1998 PAGE 6 98.259 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 98-245 adopting assessment of Weed Removal. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 10 Community and Economic Development Director, Mike Sobota presented the application of Allen Novacek for a Conditional Use Permit to allow the establishment of an auto sales lot as an accessory use to a major auto repair business in the I-2, General Industrial District. The property is located at 21155 Hamburg Avenue in Airlake Industrial Park. Mr. Novacek is moving his major auto repair business from anon-conforming, unsewered property located at 10825 - 215th Street West. The Planning Commission held a public hearing at their November 5, 1998 meeting. The Planning Commission recommended approval of the conditional use permit and the Findings of Fact. Mayor Zaun asked Mr. Novacek if he agreed to the conditions proposed by the City. Mr. Novacek agreed to all stipulations. 98.260 Motion was made by Holberg, seconded by Mulvihill granting a Conditional Use Permit to allow outside sales and storage of motor vehicles for Novacek Auto Sales, 21155 Hamburg Avenue, subject to the thirteen stipulations stated in the Planning Commission's Finding of Fact and Recommendations. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill Mayor Zaun recessed the meeting at 7: SS p. m. The meeting was reconvened at 8: 00 p. m. ITEM 11 Parks & Recreation Director Steve Michaud stated the Snowmobile Task Force was established by the City Council four years ago to address various issues associated with snowmobiling in a developing community. Mr. Michaud noted that due to escalating citizen complaints during the 1996-1997 season, the City Council and the Task Force implemented a trial year for the 1997-1998 season to measure the complaints in the northern Lakeville neighborhoods. 1997/98 complaints were slightly higher than during the 1996/97 season even though there were significantly fewer days to snowmobile during the 1997/98 season (just under 100 complaints). Mr. Michaud said the original recommendations the Task Force approved at their October 22 meeting are as follows: CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16,1998 PAGE 7 1. Re-routin of the Kenrick Avenue trail between 205th Street and 195th Street g where existing guardrails force snowmobiles onto Kenrick Avenue. 2. An amendment to the existing snowmobile ordinance that would ban the use of studs on paved Lakeville bike trails, except where designated. 3. Approval of the Snowmobile Task Force annual set of goals. 4. Restriction of snowmobiling in the northern Lakeville residential neighborhoods. Mr. Michaud stated that with the critical trail link in the northern trail system (Zweber Woods plat) not being available, the Task Force voted to restrict snowmobiling in northern Lakeville. However, that signed permit has now been received, with the developer stating this would be the last year a permit would be issued. Since the permit was issued, the Task Force felt the City Council might reconsider permitting snowmobiling city-wide due to the fact that the 1997-98 season lacked sufficient snowfall to accurately evaluate compliance with the prescribed rules. Mr. Michaud introduced Task Force and Dakota Trails member Mr. Bob Greuschow. Mr. Greuschow said he voted to ban snowmobiling in northern Lakeville, but with the permit issued, he would change his vote in favor of no restrictions this year. He noted the Task Force is recommending approval of Items 1 through 3 and asks the City Council to reconsider the restriction of snowmobiling in northern Lakeville. Mr. Greuschow indicated the Task Force is recommending re-routing of the Kenrick trail due to safety hazards the Police Department has identified. Mr. Michaud stated the Task Force is contacting several property owners and identifying several alternatives. He commented the trail maps need to be finished by December 1, 1998 as the trails, per state law, are open to snowmobilers on that date. Council Member Sindt suggested Council may want to consider modifying the status of employees from voting members of the Task Force to ad hoc members. Council Member Mulvihill noted that the northeast and northwest corners of Lakeville are densely populated. Those residents currently have no access or are not located close to designated snowmobile trails. She stated that the last City survey indicated that 58% of those .residents in the .northeast section of Lakeville no longer supported snowmobiling in densely populated neighborhoods. Council Member Mulvihill stated she was under the impression that as the City became more populated, the majority of the Task Force was aware that as trail, access was lost, at some point areas of the City would be closed to snowmobiling. • Council Member Ryan stated he understood it was legal to snowmobile on the out slope of county roads. He noted that the trail corridor from the Foxborough Park area west to North Park corridor will likely remain open and not be affected by development. Mr. Michaud CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16,1998 PAGE 8 stated the intent of the law for snowmobiling on county roads pertained to rural section roads with wider ditches and drainage slopes where snowmobiling can be done safely.. He questioned the legality of snowmobiling on four lane urban sections such as Cedar Avenue and Dodd Boulevard unless specifically identified as a trail corridor and maintained that way. Mayor Zaun commented he feels people in the community want the City Council to formulate a plan so in future years everyone knows where and if a ban will be placed on snowmobiling in residential areas. The City needs to look at the trails and the requirements for safety and compliance with regulations on trails versus just snowmobiling in residential areas. Council Member Sindt asked Sgt. Tom Vonhof to explain the Pin map. Sgt. Vonhof noted the map indicated there were ninety-one complaints, one accident and numerous officer contacts. Council Member Sindt suggested that the Task Force concentrate their efforts on the open areas in the City which may be available until 2010. Mr. Michaud commented that the Task Force has begun working on an east/west trail corridor to Farmington as well as in the central green area into the southern part of Lakeville. Staff is encouraging that these main trails be established for the next 10 to 15 years. Mr. Jeff Patterson, 17120 Hayes Avenue, suggested a snowmobile trail from the Foxborough area to Highview Avenue then the use. of the ditch south. Motion was made by Sindt to adopt the Task Force recommendations on items 1, 2 and 3 and to ban snowmobiling in the area bounded by 160th Street, Cedar Avenue 'and Dodd Boulevard. The motion died for lack of a second Mr. Erickson stated the Task Force is trying to preserve their sport. Although it will be difficult to preserve trails in the northern area of Lakeville, there are possibly ways to develop semi-permanent rural trails and have them in place for the next fifteen years. To accomplish this,. a significant amount of effort will be required by the snowmobiling community. Mayor Zaun. suggested the Council consider taking action on the Task Force's original recommendation. 98.261 Motion was made by Sindt, seconded by Mulvihill to adopt the Task Force recommendation to re-route the Kenrick Avenue trail between 195th Street and 205th Street by December 1, 1998. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. 98.262 Motion was made by Mulvihill, seconded by Sindt to adopt Ordinance No. 638 that would restrict the use of metal traction devices on all paved Lakeville trails except where designated. CITY. OF LAKEVILLE COUNCII. MEETING NOVEMBER 16, 1998 PAGE 9 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. 98.263 Motion was made by Holberg, seconded by Sindt to approve of the Snowmobile Task Force 1998-99 annual goals. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. 98.264 Motion was made by Ryan, seconded by Holberg to not accept the .Task Force recommendation restricting snowmobiling in the northern Lakeville residential neighborhoods in 1998-99, and continue the 1997-98 policy for another year. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun. Nays, Mulvihill, Sindt. ITEM 12 Mr. Feller presented a resolution approving a Memorandum of Understanding between the City of Lakeville, School District 194, the Lakeville Hockey Association (LHA) and the Lakeville Community Corporation (LCC) for the Lakeville Ames Arena. Mr. Feller explained that the City Council held a public hearing on October 20,1997, concerning the construction, financing and operation of a second ice arena immediately adjacent to the Ames Ice Arena. The City issued $1,135,000 in General Obligation bonds to finance the construction of the second sheet of ice. The Minnesota Amateur Sports Commission awarded the City of Lakeville a Mighty Ducks Grant in the amount of $250,000 for the project. The City, LHA/LCC and ISD 194 will provide contributions of $250,000, $250,000 and $115,000 respectively. In addition, ISD 194 has provided the parking lot expansion north of the original ice arena parking lot and will provide the land immediately east of the existing arena. Mr. Feller explained that if construction bids are favorable, the City will award contracts on or about February 1, 1999. The various agreements that are part of the Memorandum of Understanding will be executed at that time. Completion is expected in November, 1999. 98.265 Motion was made by Holberg, seconded by Sindt to adopt Resolution No. 98-246 approving Memorandum of Understanding between the. City of Lakeville, School District 194, Lakeville Hockey Association and Lakeville Community Corporation and authorizing preparation of plans and specifications for the Lakeville Ames Arena project. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. ITEM 13 . Mr. Michaud indicated that with increased activity on Lake Marion (east of I-35) and the high water elevations of the. lake, the City Council adopted a temporary high water CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16,1998 PAGE 10 emergency no-wake zone in July of 1997.. In July, 1998, the City Council again authorized the implementation of the emergency no-wake zone ordinance. Mr. Michaud noted there are several reasons why staff has considered proposing expanding the no-wake zone ordinance to include the lake area west of I-35. This area is shallow and has numerous sunken rock piles, tree stumps and sunken islands. In addition, the area has been known as a natural environmental area. He indicated that over the last ten years, elevation of the Lake Marion waters west of I-35 have risen, resulting in a large body of water. This has enabled boaters to access the area and use it for high-speed activities while not being aware of the hazards. Mr. Michaud stated the Parks and Recreation. Advisory .Committee, the Environmental . Affairs Committee and staff are recommending that Lake Marion lying west of I-35 be identified as a no-wake zone. They are also recommending the temporary emergency no- wake zone ordinance on Lake Marion east of I-35, be amended to a permanent slow no-wake zone when the level of the lake reaches 983.6 feet. The proposed permanent ordinance also states the no-wake zone will be lifted when water levels have receded to a level of 983.4 for three consecutive days. The Parks and Recreation Advisory Committee conducted a public hearing on November 4, 1998, to discuss both issues. Notice was sent to all landowners on .Lake Marion. Four residents attending the. meeting testified in .favor of the expanded no-wake zone and the permanent emergency no-wake zone. In addition, two letters were received, one resident opposed to the broadening of the no-wake laws and one opposed to the permanent emergency no-wake ordinance. Mr. Ron Greiner, 19803. Jersey Avenue, stated his concern with all the additional impervious surfaces being added in the watershed of Lake Marion. He questioned that with the increase in water to the lake why the size of the outlet was not increased. He does not want the no- wake zone to become permanent, with no one questioning why the lake elevation is increasing. Mr. Nelson stated that when Barr Engineering. developed the Storm Water Management Plan for the City they recommended additional ponding areas .such that the 100 year flood elevation of Lake Marion would not be increased due to development. These storm water ponds, as recommended by Barr Engineering are being built concurrent with development. Council Member Ryan asked if the City has the authority to post no-wake zone notices. Mr. Michaud stated that once the DNR approves the City's application, the responsibility for posting notice is the City's. Council Member Sindt suggested some restrictions in the backwaters of Lake Marion on the • west side of I-35 might be beneficial to preserve the environment. Mr. Erickson stated that the Environmental Affairs Committee did receive this information but could revisit this issue if that was the Council's desire. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 16, 1998 PAGE 11 Mr. Michaud stated that if directed b the Cit Council, staff would submit a draft of the Y Y proposed ordinance amendments and a completed application form to the Department of Natural Resources for their review. Upon approval by the DNR, staff would then bring the ordinance amendments back for official Council action. 98.266 Motion was .made by Sindt, seconded by Mulvihill to accept the recommendations of the Environmental Affairs and Parks and Recreation Committees and make a recommendation to the Department of Natural Resources to approve the two amendments to the Lake Marion Surface Water Zoning Ordinance. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 14 98.267 Motion was made by Sindt, seconded by Mulvihill to set a work session for December 7, 1998 at 6:00 p.m. to review applicants for City Council vacancy, and an interview work session on December 12, 1998 at 8:00 a. m. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. UNFINISHED BUSINESS None NEW BUSINESS Council Member Sindt stated she would like the Council to address City Policy in relation to Advisory Committee reappointments at a future work session. Mayor Zaun suggested this may be an item the Council could discuss at a work session or retreat. ANNOUNCEMENTS Next regular Council meeting, December 7, 1998. Mayor Zaun adjourned the Council meeting at 10:15 p.m. Respectfully submitted, F~w~ V e e Gustafson, Deputy Ci Clerk Duane Zaun, Mayo