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HomeMy WebLinkAbout02-18-97 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1997 The meeting was called to order at 7:00 p. m. by Mayor Zaun. The pledge of allegiance to the flag was given. 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; Lf. D. Bellows; D. Volk, Director of Operations & Maintenance; K. Raun, ALF Ambulance Director; D. Licht, NAC; L. Gustafson, Deputy City Clerk. MINUTES The minutes of the February 3, 1997, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: Mr. Knutson stated Council had received a copy of the proposed Amendment to Site Lease Agreement with APT. He requested this item be placed on the agenda. Mayor Zaun said the amendment would be discussed under New Business. Engineer: None Administrator: Mr. Erickson informed the Council the proposal for consent agenda Item 7n relating to the cost of the study did not include a reference to the cost "not to exceed". A revised proposal has been provided by Mr. Licht tonight. Mayor Zaun suggested this item be removed from the consent agenda for Council consideration. Parks & Recreation Director: Mr. Michaud presented the monthly report for January. ALF Ambulance Director: Mr. Raun presented the 1996 Annual Report for ALF Ambulance. He stated this is .the eleventh annual report. Mr. Raun commented that 1996 was the busiest year mainly due to population growth... He thanked Councilmember Sindt and the Lakeville Police and Fire Departments for their assistance during the year. PRESENTATIONS/INTRODUCTIONS CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1997 PAGE 2 Mr. Rick Dale from the LHA and Ms. Marsha Hanson, Gambling Manager, presented the City Council with a check in the amount of $96,813 representing the net gaming revenues from the sale of pull-tabs in 1996. Mr. Dale stated the minimum yearly contribution has. been exceeded each year. He thanked Ole Piper, Red Fox and Towers Restaurant for allowing pull-tab operations in their businesses. CITIZENS' COMMENTS None CONSENT AGENDA The City Council added Item 10 to the consent agenda. 97.42 Motion was made by Johnson, seconded by Mulvihill to approve the amended consent agenda items as follows: a. Claims for payment. b. January Investment Report. c. Receive minutes of the following advisory committee meetings: • Ice Arena Advisory Committee, January 29, 1997 • Snowmobile Task Force, January 30, 1997 • Parks & Recreation Committee, February 5, 1997 • Economic Development Commission, February 4, 1997 • Environmental Affairs Committee, February 4, 1997 • EDC/EAC Joint Meeting, February 4, 1997 • Waste Haulers Subcommittee, February 4, 1997 • Stop. Sign Policy Committee, February 4, 1997 d. Resolution No. 97-30 amending the General Fund Budget. e. Resolution No. 97- 31 amending deferred compensation plan. f. Resolution No. 97- 32 approving a gambling permit for the Lakeville Jaycees. g. Authorization to submit eight grant applications to the Minnesota Department of Natural Resources. for park acquisition and trailway improvements. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1997 PAGE 3 i h. Authorize staff to submit application for re-designation as a Tree City USA community. i. Ordinance No. 597 amending Title 3, Chapter 1, of the Lakeville City Code concerning alcoholic beverages. j. Confirm the election of Fire Department Chief Barry Christensen and District Chief AI Braun. k. Resolution Nos. 97-33 and 97-34 accepting donations to the Lakeville Senior Center from Partyland of Burnsville and Devlin Smith. I. Country Creek Estates final acceptance of street improvements. m. Kenwood Oaks Second Addition final acceptance of street improvements. n. (Removed from consent agenda). o. Approve settlement with Leo and Sharon Tutewohl for reimbursable • expenses associated with condemnation proceedings. p. Resolution No. 97-35 calling public hearing to certify unpaid utility charges to the County Treasurer-Auditor. 10. Approve Joint Powers Agreement Amendment with ISD 194. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 7n. Authorize Fuel Facilities Study by NAC. Mr. Erickson stated this item is consistent with recommendations from the City Council and Planning Commission. The original document excluded reference to the study cost (page 7) "not to exceed". Councilmember Holberg asked for clarification of how meetings .are charged. Mr. Erickson said the current retainer with NAC has a built in number of meetings covered as part of their fee. 97.43 Motion was made by Holberg, seconded by Sindt to authorize Fuel Facilities Study by NAC. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. . ITEM 8 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1997 PAGE 4 Mr. Licht from NAC presented the proposed zoning ordinance amendment and ordinance amending Title 3 of the City Code concerning tattoo parlors and body piercing establishments. He stated the study was initiated as part of the moratorium approved by Council in August, 1996 and was expanded to include body piercing. Mr. Licht stated the Planning Commission had extensively reviewed the amendments at several meetings before recommending the amendments to the City Council Mr. Licht stated there are two issues for consideration, one being the zoning ordinance amendment which required public hearing action. This classifies tattoo .and body piercing establishments as a permanent use within the B-4 zoning district and is not a land use issue. Public health issues are addressed in the second ordinance amendment. Mayor Zaun noted that Mr. Amborn, a member of the Planning Commission, raised detailed concerns about requirements in terms of sterilization. He asked Mr. Licht to what degree is the Department of Health involved. Mr. Licht stated there is an inconsistency with control as there is no state regulation. The State . Legislature deals mainly with protection directed toward minors, however, if this becomes a major issue the State may be forced to deal with the issues. He stated the. NAC draft ordinance allows some degree of flexibility due to future upgrades in technology and practice. Mr. Erickson stated an important component to the ordinance will be the license application to be brought to the City. Council for approval at a later date. This application will insure concerns raised are met through detailed information provided about applicants and the physical environment and business background issues. Councilmember Johnson asked if this type of business would be eligible for a home-based business. Mr. Licht stated the use is now specifically identified and defined to be located in a B-4 District. 97.44 Motion was. made by Mulvihill, seconded by Sindt to adopt Ordinance No. 595 amending Title 11, The Zoning Ordinance of the City of Lakeville's City Code concerning Body Piercing and Tattoo Parlor requirements as a permitted use in the B-4, General Business District and Ordinance No. 596 amending Title 3 the Business and License Regulations of the Lakeville City Code by establishing License Regulations for Tattoo and Body Piercing businesses. . Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1997 PAGE 5 ITEM 9 Mr. Volk gave a short presentation on the energy audit performed on the utility and streets/parks buildings completed by Orr-Schelen-Mayeron & Associates (OSM). He gave Council some historical background information on .energy conservation involving both newly constructed. buildings and retrofits to existing City buildings. Mr. Volk stated the utility and streets/park buildings are the final buildings to be reviewed for updating with HVAC and lighting upgrades. Mr. Volk noted the energy audit addresses recommendations and changes needed in Fighting and heating for the two buildings. Recommended updates could result in a savings of $5,900 per year in lighting and heating and a one time rebate from NSP of $1,200. Mr. Volk stated staff recommends the Council receive the energy audit as prepared by OSM and enter into an agreement with OSM to prepare specifications to retrofit existing heating and lighting systems for the utility and streets/parks buildings. • Councilmember Johnson asked if the utility building would be abandoned with the completion of the water treatment plant. Mr. Volk said that when the utility operations move to the water treatment plant, the parks department will move into the facility. 97.45 Motion was made by Sindt, seconded by Mulvihill to receive the energy audit and enter into an agreement with OSM to prepare specifications to retrofit existing heating and lighting systems for the utility and streets/parks buildings. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 10 Moved to consent agenda. UNFINISHED BUSINESS None NEW BUSINESS Mr. Knutson stated Council had received a copy. of the proposed Amendment to Site Lease Agreement with APT. He said the amendment is a minor amendment . adjusting the shelter location. He recommended Council approve the amendment. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 18, 1997 PAGE 6 97.46 Motion was made by Johnson, seconded by Holberg to approve the Amendment to Site Lease Agreement with APT. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. Mayor Zaun asked the City Attorney what could transpire if both the Mayor and Acting Mayor were absent from a Council meeting. Mr. Knutson stated scheduled meetings could be held. Unscheduled meetings would require a written request to the City Administrator by at least two Councilmembers. If a signature is needed, Mr. Knutson suggested using an overnight mail delivery service. .ANNOUNCEMENTS: Next regular Council meeting, March 3, 1997. Mayor Zaun adjourned the meeting at 8:00 p.m. Respectfully submitted, es a Gustafson, Deputy ity Clerk Duan Zaun, May r •