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Home My WebLink About12-18-95 t ' ¢ . c • S CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 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, Harvey 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; C. Friedges, City Clerk. MINUTES The minutes of the December 4, 1995, City Council meeting were approved as presented: .STAFF ANNOUNCEMENTS Attorney: None Engineer: None Administrator: None Parks Sz Recreation Director: Mr. Michaud presented the November Parks & Recreation Department monthly report. Chief of Police: Chief Martens presented the November Police Department monthly report. Councilmember Sindt asked that the monthly report include snowmobile complaints. PRESENTATIONS/INTRODUCTIONS Representative Bill Macklin, Senator Pat Pariseau and former Councilmember Wenzel Ruhmann spoke in recognition of Councilmember Pat. Harvey for his years of service on the Lakeville City Council and Planning Commission. Mayor Zaun presented a plaque to Councilmember Harvey on behalf of the City Council, staff and citizens of Lakeville for 13 years of dedicated service as a Councilmember. Mr. Erickson presented roses to LaDonna Harvey. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 2 CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed Item 7h from .the consent agenda.. Councilmembers added Item 13 to the consent:agenda. 95.219 Motion was made by Harvey, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. Investment. report. c. Receive minutes of the following advisory committee meetings: Planning Commission, December 7th. Parks & Recreation Committee, December 6th Environmental Affairs Committee, December 5th d. Resolution No. 95-247 designating depositories for 1996. e. Renewal of cigarette licenses for 1996. f. Renewal of mechanical amusement device licenses for 1996. g. Renewal of mixed municipal solid waste and recyclable material collector licenses for 1996. h. (Removed from consent agenda). i. Renewal of billboard licenses far 1996. j. Resolution No~ 95-248 accepting a donation from Minnegasco to the Fire Department. k. Special .assessment agreement with Christopher and Rebecca Olson. I. Receive resignation of Bruce Skipton from the Planning Commission. m. Renewal of Standard Engineering Agreements and 1996 fee schedules with OSM, Barr Engineering, SRF and SEH. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 3 n. Renewal of contract for legal services with Campbell, Knutson, Scott & Fuchs. o. Final acceptance of improvements, approval of Change Order No. 2 and final payment for construction of Well No, 9 pumphouse, Improvement Project 94-6. p. Resolution No. 95-249 establishing 1996 lateral-sanitary sewer and watermain access charges. q. Resolution No. 95-250 establishing 1996 sanitary sewer unit, sanitary sewer area and watermain. unit connection charges. r. Resolution No. 95-251 establishing 1996 state aid street assessment rates. s. Resolution No. 95-252 establishing 1996 storm sewer area charges. t. Agreement with Dakota County for preliminary design and right-of-way for Pilot Knob Road reconstruction, Improvement Project 95-4. u. Resolution No. 95 253 vacating existing drainage and utility easements on Lots 1 and 2, Block 1, Goodview Estates. v. Renewal of service maintenance contract with South Town Refrigeration. w. Music Services Agreement with Muzak Limited Partnership for Liquor Stores 1, 2 and 3, and approve purchase of speakers and amplifiers. x. Local Grants Program Project Agreement with the State of Minnesota, Department of Natural Resources. y. Submittal of grant applications to Minnesota Recreation and Park Association fior Lakeville Youth Recreational Programs. z. Minor variance for an off-premise directional monument sign to be installed on property owned by the City of Lakeville at the northeast corner of County Road 50 and Ipava Avenue. aa. Joint Powers Agreement with the cities of Lakeville, Apple Valley, Rosemount and Farmington to contract with SKB Environmental, Inc. for the operation and maintenance of a yard waste facility. CITY OF LAKEVLLLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 4 bb. Special assessment agreement with Gene and Carolyn Riesenberg, 10681-202nd Street. cc. Special assessment agreement with Mark and Debra Twite, 18817. Kenwood Trail. dd. Final acceptance. of utility improvements in Brackett's Crossing 3rd Addition. ee. Final acceptance of utility and street improvements in Cherryview 2nd Addition. ff. Final acceptance of utility and street improvements in Creekview Estates. gg. Final acceptance of utility and street improvements in Homestead Creek East 2nd Addition. hh. Final acceptance of utility and street improvements in Homestead Creek East 3rd Addition. ii. Final acceptance of utility improvements in Kenwood Oaks 2nd Addition. jj. Authorize purchase and installation of carpeting and a directional sign for Lakeville Ames Arena. kk. Final acceptance of Phase I Bond Referendum projects and authorize final payment to Hoffman-McNamara Contracting. IL Resolution No. 95-254. accepting donation from Orchard Lake Sportsman's Club to the Parks & Recreation Department. mm. Resolution No. 95-255 accepting donation from VFW Post 210 to the Parks & Recreation .Department. 13. Ordinance No. 564 amending the zoning ordinance concerning the maximum permitted height of accessory buildings in the R-3, high density single family residential district.. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 5 ITEM ?H Mr. Erickson stated that several tree service operators have not yet submitted renewal applications or paid the 1996 license fees. Councilmember Harvey recommended the City Council renew licenses for the tree service operators who have submitted renewal applications and fees, .and table action on the five remaining operators. 95.220 Motion was made by Harvey, seconded by Mulvihill to renew the 1996 tree service operator licenses for 16 operators as listed in the City Clerk's memo dated December 15, 1995 (memo on ale in the City Clerk's office). Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 8 Mayor Zaun opened the public hearing on renewal of wine/strong beer licenses and non-intoxicating malt liquor licenses for the following establishments: • Pizza Hut: 10900-173rd Street, (On-sale non-intoxicating malt ?iquor) • Golf Enterprises, Inc: 16725 Innsbrook Drive, (On-sale wine and strong beer) • Lakeville Chinese Restaurant: 17400 Kenwood Trail, (On-sale wine and strong beer). • Tak-Shing Chinese Restaurant: 17709 Kenwood Trail, (On-sale wine and strong beer) • Retail Foods of Minn./Brook's Food Market #38: 16000 Cedar Avenue, (orgy sale non-intoxicating malt liquor) • Lakeville SuperAmerica: 10812 -175th Street, (Off-sale non-intoxicating malt liquor) • MegaStop: 21100 Kenrick Avenue, (Ott sale non-intoxicating ma?t liquor) • Twin Cities Stores, Inc./Oasis Market: 7468-167th Street, (Oft-sate non- intoxicating matt liquor) • SuperAmerica #4337: 16161 Cedar Avenue, (Oft-sale non-intoxicating malt liquor) Police Chief Martens indicated that all license fees have been paid, insurance certificates have been submitted and real-estate taxes on all properties have been paid. Staff recommends approval There were no questions or comments from the audience. 95.221 Motion was made by Sindt, seconded Johnson to close the public hearing. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 6 Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. 95.222 Motion was made by Johnson, seconded by Harvey to receive the report from ....Investigator Bill Forbord dated December 13, 1995, and grant licenses effective January 1, 1996, through December 31, 1996, to he nine establishments. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 9 Mayor Zaun opened the Truth in Taxation public hearing. He explained that .the purpose of the hearing is to provide taxpayers the opportunity to ask questions and make comments regarding the proposed 1996 tax levy. Mr. Feller provided an overview. of the 1996/97 budget adjustments that have been made since the preliminary .budget was adopted in September, (See Exhibit A of .Finance Director's memo dated December 14, 1995, on file in the City Clerk's ofi'ice). Mr. Ron Langness, Vice President of Springsted, Inc., discussed the City's 1995 Debt Service Report, which outlines in detail the current financial status and cash flow projections for 27 bond funds. He specifically referred to the G.O. Improvement Bonds,. Series 19868 and Series 1987A, which were called, ,and the Series 1991 D, which were defeased by the City Council. As a result, these three bond issues will provide, over time, approximately $1.9 million for other City purposes. Mr. Feller continued the budget presentation. He explained the per capita _formuta for establishing tax levy. The proposed 1996 tax levy includes the same per capita levy as in 1995, $139:50, and a $43.1 O per capita levy for the loss of sate aids for property tax relief. The proposed .budget is based on a total tax levy of $5,243,805. The operating tax levy consists of $4,165,879, the levy for voter approved debt is $650,123 and the levy for improvement projects is $427,803. This levy results in a 3% decrease in the tax capacity rate for the City of Lakeville. Any increases in property taxes are due to increases in market values as established by the Dakota County Assessor's Office. Mr. Feller pointed out that the City of Lakeville continues to have the lowest tax capacity rate of any city in Dakota County with a population greater than 5,000. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 7 Mayor Zaun opened the public hearing to questions and comments. Mr. Greg Gunderson, 17412 Hummingbird. Avenue, stated he feels consideration should be given to placing squad cars on a three-year replacement cycle, rather than. the current two-year replacement cycle. He stated in his calculation,_the Citywould save in excess of $525,000 over a 10 year period. He also indicated that the City should consider purchasing mid- size, rather han full-size, .squad cars, which he feels would save the City $275,000 over a 10 year period. He presented a computer printout showing cost savings on a three-year replacement cycle versus a 2-year replacement cycle and mid-size versus full-size cars (document on file in the City Clerk's office). Mr. Erickson stated that the mid-size car scenario has been considered in the past and can be further researched; however, he stated the smaller car could pose some space problems with regard to the current technology now being placed in the vehicles. He explained that the City now has its vehicle fleet management system on computer. He pointed out that some vehicles are in the system longer than two years, and some are not, depending upon the success of their operation. Squad cars are generally run approximately 85,000 to 100,000 miles, then transferred to a seasonal use within the City, and eventually auctioned by the State of Minnesota. 95.223 Motion was made by Johnson, seconded by Mulvihill to continue the Truth in Taxation public hearing on December 20, 1995, at 7:00 p.m. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill ITEM 10 95.224 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No. 95-256 authorizing the transfer of unencumbered funds from the Special Assessment Debt :Service Funds to the Public Works Reserve Fund. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 11 Councilmember Harvey. pointed. out that two Cable TV Board members have missed more than one-third of the scheduled meetings in 1995. He further pointed out that meeting absences have been due, in part, to the 6:00 p.m. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 8 starting time. Councilmember Sindt recommended that the Cable TV Board be allowed to move its meeting start time to 7:00 p.m. She further recommended that Robert Crumpton Jr. and Richard Schwartz be given the option to re-apply for their positions on the Cable TV Board. 95.225 Motion was made by Harvey, seconded by Mulvihill to re-appoint the following advisory committee members effective January 1, 1996: Planning Commission (three year terms} Laurie Rieb, Dennis Miller, Howard Amborn Parks. ~ Recreation Committee (three-year terms) Howard Lovelace, Kevin Ilia, Ace Raymond Environmental Affairs Committee (two year terms) Robert Nicholson, Dee M. McManus, Gerald Kowalke Waste Haulers Subcommittee (one-year terms) Brett Anderson,.. Dick's/Lakeville Sanitation Mike Trulson, Quality Waste Control .(new appointment) Cable TV Board (two year terms} Robin Selvig, Greg Maliszewski Economic Development Commission (three year terms) Jack Matasosky, Joan Krejci, Bob Vogel Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. 95.226 Motion was made by Sindt, seconded by Johnson to allow the Cable TV Board to change their meeting start time back to 7:00 p.m., and give Mr. Crumpton and Mr. Schwartz the option of re-applying for their positions on the Board. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. Councilmember Mulvihill suggested that the advisory committees be polled in January to determine whether the 6:00 meeting time is till acceptable to their members. ITEM 12 Mr. Dan Mehleis, representing ISD 194, .requested Council approval of a conditional use permit amendment to allow the installation of two portable classrooms at Kenwood Trail Jr. High School, 19455 Kenwood Trail CITY OF L_AKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 9 Mr. Dempsey stated the City Council approved conditional use permit No. 90- 05 for the installation of eight portable classrooms. An amendment was approved in 1992 to allow an expansion of those eight classrooms. All portable buildings were removed by the end of the 1994 school year as required by the conditional use permit amendment. ISD 194 has identified the need for. the proposed emporary classrooms until the end of the 1999-2000 school year. At that ime, :classroom space will be re-evaluated. Staff recommends approval 95.227 Motion was made by Harvey, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment for ISD 194 to allow a portable classroom expansion at Kenwood Trail Jr. High School, 19455 Kenwood Trail Roll call was taken on the motion. Ayes,. Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 14 Mr. Sobota presented a proposed zoning ordinance amendment concerning storage or parking of land/sea containers and semi-tractor trailers in the I-1, I-2 and CBD-I zoning districts, and establishing outdoor storage and screening requirements. John Hennen, Administrative Assistant, explained that in 1.993,. City staff received a complaint from. a food manufacturing business irr Airlake Industrial Park regarding. a neighboring business that parked inoperable semi-tractor trailers on site and stored a large quantity of dilapidated pallets. While staff was in the process of researching existing ordinances and codes regarding the parking of inoperable semi-tractor trailers, the City Council brought to staff s attention a number of sites in the industrial zoned districts that had inoperable semi-tractor trailers and/or land/sea containers on site for storage purposes. A draft ordinance amendment was prepared and brought to the Economic Development Commission :and Planning Commission for review. A Planning Commission Subcommittee, which consisted of representatives of the Chamber of Commerce and business community, met to review the proposed ordinance and provide input. Mr. Sobota stated staff did an analysis of the specific sites in the Airlake Industrial Park that had outdoor storage, using semi-tractor trailers and/or land/sea containers. He explained that staff feels the proposed ordinance will meet the needs of the City, while remaining flexible in the administration of it. Staff will contact all property owners who have sites that will be affected by this CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1995 PAGE 10 ordinance to identify specific plans and time schedules for implementation of the new requirements. He explained that the certification process for semi- tractor trailers, which requires that they be certified by the Federal government or State of Minnesota and shall display a current inspection certification decal, was included in the ordinance. The ordinance also requires additional screening and landscaping along the major corridor areas. He pointed out that the industrial community supports the proposed ordinance amendment. Councilmember Johnson stated he feels the ordinance amendment will help keep the industrial park a desirable place for future industry, which will ultimately help the City's tax base. 95.228 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. 565, amending the zoning ordinance, concerning the storage or parking of land/sea containers and semi-tractor trailers in the I-1, I-2 and CBD-1 zoning districts and establishing outdoor storage and screening requirements. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS None. NEW BUSINESS None. .ANNOUNCEMENTS Next regular Council meeting, January 2, 1996. Special Council meeting, December 20, 1995 Mayor Zaun. adjourned the meeting at 9`20 p.m. Respectfully submitted, Charlene Friedges, C Clerk Duane Zaun, Ma r •