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HomeMy WebLinkAbout11-17-97 n. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was lead by Webelo Pack 230. Roll call was taken. Present: Councilmembers Johnson, 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; L. Gustafson, Assessment Clerk; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the November 3, 1997, regular Council meeting and the November 5, 1997, special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson asked the City Council to consider, under New Business, a License and Indemnification Agreement with Marcus Cable Partners Limited Partnership for the construction and operation of an Optical Transfer Network facility at the City's water treatment plant. ENGINEER: None ADMINISTRATOR: Mr. Erickson provided copies of a letter from the Dakota County Surveyor indicating that the proposed plat name for Park View will not be approved, as the name is too close to a recorded plat called Parkview Addition. The plat name is being changed to Park Lawn, and staff is recommending the matter be tabled until the next City Council meeting to allow the appropriate changes to be made. 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 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 2 Chief Martens introduced two. new police officers, Rick Bussler and Russell Helmueller. Mayor Zaun administered the oath of office to the two officers. Mr. Erickson presented an appreciation plaque to Don Huffer for 25 years of community service as a member of the Pan-O-Prog Board of Directors. CITIZENS' COMMENTS None CONSENT AGENDA Councilmembers removed item 7g from the consent agenda and added regular. agenda items 10 and 11. Councilmember-Elect Tom Ryan asked that consent agenda items 7e, 7i, 7j and 7s be removed, as he had questions and/or concerns about these matters. Mr. John Boland asked that consent agenda item 7m also be removed. 97.197. Motion was made by Johnson, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. October Investment Report. c. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, November 4, 1997 Parks & Recreation Committee, November 5, 1997 Planning Commission, November 6, 1997 Ice Arena Advisory Committee, October 29, 1997 d. Resolution No. 97-248 accepting donation from Minnegasco to the Fire Department. e. (Removed from consent agenda) f. Janitorial contracts with Osland Building Maintenance, Tower Cleaning Systems and Marsden Building Maintenance Company. g. (Removed from consent agenda) h. Agreement for Legal Services with Campbell Knutson, Professional Association. CITY OFtAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 3 i. (Removed from consent agenda) j. (Removed from consent agenda) k. Final acceptance of improvements and final payment to Ryan Contracting, .Inc. for Jaguar Avenue reconstruction, Improvement Project 95-9. I. Final acceptance of street and utility improvements, SuperAmerica 2nd Addition. m. (Removed from consent agenda) n. Resolution No. 97-251 adopting pay schedule for Fire Department officers. o. Special assessment agreement with Russ Hoese, 10984 Orchard Trail p. Sixth Amendment to 1992 Joint Powers Agreement between Dakota County and City of Lakeville for 1998 landfill abatement funds. q. Meter Reading Service Agreement with RMR Services, Inc. r. Resolution No. 97-252 setting dates of regular Council meetings for 1998. s. (Removed from consent agenda) t. Grant of Permanent. Easement for a trail along Klamath Trail over Orchard Lake Elementary School property; and Grant of Permanent Easement for a drainage and utility easement over southerly portion of Cherryview Elementary School property. u. Final acceptance of street improvements in Golden Pond Second Addition. 10. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of an addition onto an existing non-conforming single family dwelling located at 12227 - 175th Street West. 11. Receive Planning Commission's ..Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of an CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 4 addition onto an existing non-conforming single family dwelling located at 19713 Jersey Avenue. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 7E Mr. Ryan stated he is opposed to the City selling cigarettes at its liquor stores for three reasons: 1) competition with private business owners; 2) not a positive statement for the City to sell .cigarettes given the known hazards and health risks; and 3) liability issues and the possibility of lawsuits. Councilmembers indicated that they feel cigarettes at the liquor stores are a secondary purchase and are. provided for the convenience of liquor store customers. They felt that the City has more control over the sale of cigarettes than convenience stores do. 97.198 Motion was made by Sindt, seconded by Mulvihill to approve a cigarette license for Liquor Store No. 4. .Roll call was taken on the. motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 7G Councilmember Holberg asked staff to clarify the misconceptions that the second sheet of ice at Lakeville Ames Arena is being paid for with tax dollars. Mr. Feller explained that the $1,135,000 General Obligation Ice Arena Bonds are general obligations of the City and are tax exempt. Revenue from ice arena operations and the Lakeville Hockey Association pull-tab operations ($70,000 per year and 90% of all pull-tab revenue in excess of $70,000) are pledged to the. repayment of the bonds.. In addition, funding is anticipated to come from the following sources: $250,000 from a Mighty Ducks Grant; $250,000 from LHA and LCC contributions; $250,000 from the City of Lakeville and neighboring communities; $15,000 from the City's ice arena construction fund; and $225,000 from ISD 194, which includes funding for changing rooms to allow equal opportunities for girls and in-kind contributions of land and a parking lot. Mr. Feller stated there is no anticipated reliance on property tax for the repayment of the debt. He further stated that a check for $35,850 was CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 5 ..received today from the Lakeville Hockey Association to cover the costs associated with the bond issue. 97.199 Motion was made by Johnson, seconded by Holberg to approve Resolution No. 97-249 authorizing the issuance and sale of $1,135,000 General Obligation Ice Arena Bonds, Series 19976. -Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 71 Mr. Ryan indicated he felt that the proposed purchase price of $203,500 for 1.44 acres to be used for a well site is too high. He stated the. property is unimproved, and it would be expensive to run a well collection pipe to serve a well house at this location. Mr. Erickson provided a background on this piece of property. He stated the former property owner .had proposed a strip center with motor fuel, which was opposed by the neighborhood. He stated that a Tutor Time daycare facility is looking to purchase the property to the south, which would be a more appropriate land use for the area. The City is currently looking for additional well sites, with two. new wells included in the City's five-year capital improvement program. Mr. Erickson stated he realizes that the purchase price is higher than what the City. has paid for well sites in the past; however, the purchase will avoid impacts to 175th Street and Ipava Avenue that would come with a commercial use of the property. He indicated that area residents are aware of the proposal and are appreciative of the City's efforts. 97.200 Motion was made by Sindt, seconded by Mulvihill to approve a Purchase Agreement with ANDTT Building Partnership, LLP, for Outlot A, Dakota Heights 7th Addition. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 7J Mr. Ryan stated he is opposed to the purchase of a bi-directional tractor with snowblower and mowing attachments, because he does not feel there is a need for this type of equipment in the City. He was also opposed to the way CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 6 the tractor was bid. He felt it should have been specified so that more than one manufacturer could meet the specifications. Mr. Volk explained that the MT Trackless sidewalk maintainer that the City had used was. inefficient for mowing and is no longer being used for that purpose. He further stated the MT Trackless is used primarily for sidewalk snow removal. The bi-directional tractor will maneuver well on trails and is capable of handling larger snow volumes. He stated the reason both bids were received from Ford companies is because Ford is the only manufacturer that makes this type of equipment. He further stated the new tractor will .replace a Street Department ditch mower and a Parks Department multi-use tractor. 97.201 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 97-250 awarding the bid to Carlson Tractor & Equipment Company for one bi- directional tractor with attachments. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 7M Mr. John Boland, 10241 205th Street West, asked if this item :involves the money in escrow for future reconstruction of 205th Street.. Mr. Erickson stated it does not. 97.202 Motion was made by Johnson, seconded by Holberg to grant final acceptance of street and utility improvements in Lakeview Estates 2nd Addition. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg: ITEM 7S Mr. Ryan stated he would like to see this tax forfeited land. put into the City's wetland banking. system to keep it from being developed in the future. The City Engineer explained that the land is being designated for conservation purposes, which would keep it from being developed. 97.203 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 97-253 approving application for conveyance of tax-forfeited land. and certification of classification of forfeited lands. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 7 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 8 Mayor Zaun opened the public hearing on the proposed assessments for weed and grass removal, 8:20 p.m. The City Clerk attested to legal notices being duly published and mailed. Mr. Feller presented the proposed assessment to six parcels of property 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 six property owners. The costs being assessed include the actual cost for mowing, $5.00 for legal notice publication, $25.00 for administrative costs, $2.00 for County assessment fees and interest. There were no questions or comments from the audience. 97.204 Motion was made by Mulvihill, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, .Johnson, Zaun. 97.205 Motion was made by Johnson, seconded by Sindt to approve Resolution No. 97 254 adopting. assessments for weed/grass removal. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ITEM 9 Mayor Zaun opened the public hearing to consider a proposed increase in licensing fees for the sale of alcoholic beverages, 8:25 p.m. The City Clerk attested to the legal notice being duly published. Mr. Erickson presented the proposed liquor license fee schedule. He explained that two-categories for on-saleliquor license fees are being .established which are based on annual sales of intoxicating liquor. He pointed out that the City has not amended its liquor license fees since 1980. The proposed fee schedule is consistent with what neighboring cities are charging CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 8 and reflects the direct costs to the City for licensing and enforcement. Liquor license holders have been made aware of the proposed fee schedule and seemed supportive. Mr. Erickson further stated that special club liquor license holders were contacted with regard to their current memberships, and both clubs are in compliance with the liquor license fees as established by State Statute. There were no questions or comments from the audience. 97.206 Motion was made by Mulvihill, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. 97.207 Motion was made by Holberg, seconded by Johnson to adopt Ordinance No. 620 amending Title 3, Chapter 1, of the Lakeville City Code concerning the sale of intoxicating liquor and 3.2 percent malt liquor. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 12 97.208 Motion was made by Mulvihill, seconded by Holberg to table consideration of the preliminary and final plat of Park View (Park Lawn) until the December 1, 1997, City Council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 13 Mr. Michaud provided a chronology of meetings held by the Snowmobile Task Force since it was established by the City Council in 1994. The purpose of the task. force, he explained, was to complete a comprehensive review of existing and future trails and a complete review and recommendation on updating the City's snowmobile ordinance as it currently exists. Mr. Michaud explained that the task force had been meeting bi-annually;. however, it has held six meetings so far in 1997 due to a particularly snowy season and an increasing number of snowmobile related complaints. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 9 Following a public meeting of the task force,. a comment period whereby written and verbal commentary was received from the general public, and a survey of the entire Valley Park area, a meeting was held on October 15th to present findings to the Snowmobile Task Force and Parks & Recreation Advisory Committee. The Snowmobile Task Force has developed a recommendation for the Council's consideration and is being presented by the Task Force Acting Chair, Mike Stuber. A video taped presentation by Mr. Stuber to the City Council was shown at this time, as Mr. Stuber was not able to attend the Council meeting. He recommended, on behalf of the Snowmobile Task Force, two amendments to the existing snowmobile ordinance. First, that snowmobiling not be allowed on Lakeville residential streets and highways prior to December 1st or after March 31st. The second is to increase the legal speed limit of snowmobiles operating on residential streets and highways from 10 mph to 15 mph. The task force also recommended the installation of an information hot line for the upcoming season to provide general information concerning ordinances, rules and regulations governing snowmobiling in Lakeville. The task force further recommended that no snowmobile ban be imposed for the 1997-98 season and that. a complaint measurement tracking and evaluation system be developed by the Police Department. Mr. Stuber indicated that the task force would support a ban in select residential areas for the 1998-99 season if violations continue. Mr. Stuber presented several additional goals and recommendations of the task force, (see 1997-98 Snowmobile Task Force Goals and Recommendations rev. 10/31/97 on file in the City Clerk's office).. Sergeant Tom VonHof, ex-officio member of the Snowmobile Task Force, presented a snowmobile complaint tracking matrix that was created in response to the Snowmobile Task Force recommendation for increased enforcement efforts, particularly after a significant snowfall. He stated the Police Department currently uses a snowmobile for enforcement and is recommending the purchase of a second snowmobile. The Police Department plans to work. with the SnoTrackers in its enforcement efforts. He pointed out that over the past weekend, eight snowmobile related complaints were received, and nine citations were issued. Ms. Linda Moe, task force member and safety trainer for the SnoTrackers .Snowmobile Club, urged the City Council not to impose a snowmobile ban for the upcoming season, recognizing the significant efforts of the Snowmobile Task Force. She stated sheds hopeful that the Police Department'szero tolerance and further education of snowmobilers will minimize complaints/violations. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 10 Councilmember Sindt asked about the state law that prohibits snowmobiling prior to December 1st and after March 31st, and whether it only includes trails. Chief Martens explained that since snowmobiling in a residential area is only allowed when traveling from a residence to a designated trail, and the trails do not officially open until December 1st, snowmobiling is prohibited in residential areas prior to December 1st. Councilmember Sindt asked if the City has experienced damage to the pedestrian trails from snowmobiles. Mr. Michaud stated there has been some damage to the trails from carbide tips, particularly on pedestrian ramps. Councilmember Mulvihill stated she feels the court fines for snowmobile related citations are not high enough. She felt that serious close calls are not being addressed, and the Police Department matrix should include a category for reckless/careless driving incidents. Mayor Zaun suggested a category for noise and speeding complaints could also be added, as well as the geographic area of the complaint. Chief Martens pointed out that the information compiled for the matrix is not the only snowmobile complaint information the Police Department has on record. Information that provides for a fair comparison will be used on the matrix. Officer VonHof stated a pin map will be prepared, as done in prior years, showing the geographic locations of complaints. Councilmember Johnson recommended that the Judicial system (district court judges) be asked to consider stricter punishments for snowmobile related offenses. Councilmember Mulvihill stated she feels the Snowmobile Task Force has a good plan in place for trying to educate snowmobilers. However, she stated the nature of the complaints has changed drastically to that of personal safety. She felt that, as she had suggested initially, snowmobiling should be restricted (not allowed) in the more densely populated residential areas of the city. She stated she had not suggested a total ban on snowmobiling in the city, rather a requirement that snowmobilers trailer their machines from their residence to a designated trail. She stated. she feels that the task force recommendation of zero tolerance places a burden on the Police Department and gives the public a false expectation that the Police Department will be able to quickly respond to complaints and catch all violators. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 199.7 PAGE 11 Councilmember Mulvihill requested that several changes/clarifications to the Snowmobile Task Force Recommendations be included in the document as .follows: • A statement should be included that this issue first started because there were a number of incidents reported that were near tragedies,-and that the type of complaint should be stressed more than the number of complaints. • The term "many residents" is used without data to back it up. Statements should be kept factual • It should be noted that the September 11th public meeting was basically held for snowmobilers and that 1200 notices of the meeting were mailed out to snowmobile owners. • There should have been more emphasis on the fact that 58% of the residents surveyed wanted snowmobiling out of the residential areas. Mayor Zaun recessed the Council meeting at 9:35 p.m. and reconvened at 9:45 p.m. Councilmember Holberg stated she would like to see a letter sent to the district court. asking that fines for snowmobile related offenses be as high as possible. She stated she feels this is a wake-up call for snowmobilers, but not the time for a residential ban. She stated she feels self-policing by the snowmobile community is very important, along with increased participation in the SnoTrackers Club. She suggested that the additional mailing to all registered snowmobile owners be very strongly worded, so that there is no question as to the importance of compliance with these issues. She stated she supports the recommendations of the Snowmobile Task Force as presented. Several residents from the audience spoke against the recommendations of the task force and in support of a snowmobile ban in residential areas. They are Jim Storms, 17125 Franchise Way; Steve Helman, 16275 Glen Oaks Court; Julie Sundem, 16334 Glen Oaks Road and Myron Drellack, 6340 Lower 161st Street. 97.209 Motion was made by Sindt, seconded by Johnson to receive statistical information regarding snowmobiling from Jerry Tongen and a letter from Gene Hokenson, 6872-162nd Street W. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 12 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. Mayor Zaun stated he feels the City needs to learn how to enforce the regulations that are currently in place and allow snowmobiiers to learn from stricter enforcement. He felt it is imperative that the City have a plan of action in place for education and enforcement prior to implementing any kind. of snowmobile ban. Self-policing by snowmobilers is important. He stated he would endorse the recommendations of the Snowmobile Task Force at this time, but if the situation doesn't improve, he would anticipate banning snowmobiles in residential areas next year. 97.210 Motion was made by Johnson, seconded by Holberg to adopt Ordinance No. 621 amending Title 6, Chapter 3, of the Lakeville City Code concerning the operation of snowmobiles. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun. Nays, Mulvihill, Sindt. 97,211 Motion was made by Johnson, seconded by Holberg to receive the 1997-98 Snowmobile Task Force Goals and Recommendations, (revised 10/31/97). RoII caH was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt. Nays, Mulvihill. Councilmember Mulvihill stated she would receive the task force recommendations if her suggested changes are incorporated. Mr. Erickson stated Ordinance No. 621 was adopted by majority vote of the Council and will be effective upon publication. ITEM 14 Mr. Feller presented a resolution setting water, sanitary sewer, street light and surface water management fees. He explained that a 6.7% increase in the sanitary sewer rate is proposed in order to compensate for Metropolitan Council Environmental Services (MCES) prior years' adjustments; to offset any deviation in sewer flows and changes in the MCES billing. policy; and to finance acquisition of the sanitary sewer vactor in the amount of $86,841. He stated- there will be no increase in street light rates until after the 1990 street light policy can be updated and reviewed. The surface water management fee will be increased $1.00 per quarter to offset costs of hiring two interns to continue the City's water quality data collection program and diagnostic water quality programs. Street light and storm water accounts not connected to the water or CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 13 sanitary sewer system will now be billed on an annual basis. These accounts were previously given a choice of paying quarterly or annually.. 97.212. Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 97-255 setting water, sanitary sewer, street light and surface water management rates. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. 97.213 Motion was made by Mulvihill, seconded by Sindt to extend the Council meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 15 Mr. Volk presented a resolution requesting the Minnesota Department of Transportation to perform a speed zone study on 205th Street between Kenrick Avenue and Ipava Avenue. He explained that with the installation of a pedestrian trail on the south side of 205th Street from Kansas Avenue to Jacquard Avenue and the establishment of three crosswalks on 205th Street to access the trail from the north, staff is recommending that a speed limit study be completed. He stated the three crosswalks were established in areas that ensured safe site. distances for pedestrian crossings. The Federal Highway Administration approved the use of an experimental crosswalk warning sign on 205th Street which uses a strong yellow/green color. A short video of the crosswalk warning signs was shown. 97.214 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 97-256 requesting the Minnesota Department of Transportation to perform a speed zone study on 205th Street between Kenrick Avenue and Ipava Avenue. Roll call was taken on the motion. Ayes, Sindt, Mulvihill., Holberg, Johnson, Zaun. UNFINISHED BUSINESS None NEW BUSINESS CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 17, 1997 PAGE 14 • Mr. Erickson presented. a License and Indemnification Agreement with Marcus Cable Partners Limited Partnership for an Optical Transfer Network facility at the water treatment plant. This facility would provide cable TV service to Eastview Elementary School and also to the water treatment plant. He stated this agreement would have no impact on franchise negotiations with Marcus Cable.. 97.215 Motion was made by Sindt, seconded by Holberg to approve a License and Indemnification Agreement with Marcus Cable Partners Limited Partnership for an Optical Transfer Network facility at the water treatment plant. Roll call .was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. ANNOUNCEMENTS: Next regular Council meeting, December 1, 1997 Council work session, November 25, 1997 Mayor Zaun adjourned the meeting at 10:43 p.m. Respectfully submitted, Charlene Friedges, C' Clerk Duane Zaun, Mayo