HomeMy WebLinkAbout12-19-94
• CITY OF LAKEVILLE COUNCIL MEETING
DEGEMBER 19, 1994
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. Bellows, Police Lieutenant; C. Friedges, City Clerk.
MINUTES
The minutes of the December 5th City Council meeting were not available and
.will be placed on the January 3rd agenda for Council approval
STAFF ANNOUNGEMENTS
ATTORNEY: None.
ENGINEER: None.
ADMINISTRATOR: Mr. Erickson stated staff is recommending renewal of all
tree service operator licenses pending receipt of applications and License fees
from Wright Tree Service and Steve Tupy Tree Service. Mr. Erickson provided
a revised memorandum from Michael Sobota dated December 13, 1994, for
agenda item #13.
PARKS ~ RECREATION DIRECTOR: Mr. Michaud presented the November
Parks & Recreation Department monthly activity report.
PRESENTATIONS/INTRODUCTIONS
Mr. Michaud presented to Mr. Kevin Ills, Chairman of the Parks & Recreation
Advisory Committee, the MRPA annual Board and Commission Member
Achievement Award.
CITIZENS' COMMENTS None.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 4994
PAGE 2
CONSENT AGENDA
Councilmembers removed Item lee from the consent agenda.
Councilmembers added Item 13 (with revised memo) and Item 16 to the
consent agenda
94.259 Mot-ion was made by Sindt, 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:
Environmental Affairs Cormittee, December 6th
Parks & Recreation Committee, December 7th
Planning Commission, December 8th
Snowmobile Task Force, November 28th
d. Resolution No. 94-252 establishing 1995 sanitary sewer unit and sanitary
sewer area charges.
e. Resolution No. 94-253 establishing 1995 watermain connection charges.
f. Resolution No. 94-254 establishing 1995 storm sewer area charges.
g. Resolution No. 94-255 establishing 1995 State Aid street assessment
rates.
h. Resolution No. 94-256 establishing 1995 lateral sanitary sewer and
watermain access charges.
i. Renewal of Standard Engineering Agreements and 1995 fee schedules
with Barr Engineering, Orr-Schelen-Mayeron & Associates, Short, Elliott,
Hendrickson, Inc. and Strgar-Roscoe-Fausch, Inc.
j. Final acceptance of utility improvements, Stonebriar Addition.
k. Final acceptance of street and utility improvements, Lynwood North 6th
Addition.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 3
I. Settlement Agreement with George Warweg for easement acquisition,
Improvement Project 91-4,
m. .Receive preliminary engineering report for CSAH 50 reconstruction,
Kenwood Way to Jubilee. Way, Improvement Project 94-3; Resolution No.
94-257>approving plans and- pecifications; and Resolution No, 94-258
restricting. parking along CSAH 50 #rom Kenwood Way to Jubilee Way.
n. Approve Grant of Permanent Easement for Jerome and Theresa
Schweim, Lot 13, Argonne Farms.
o. Final acceptance of utilities in Kabot Cove.
p. Resolution No. 94-259 adopting the position classification and pay plan
for exempt and non-exempt positions and setting forth the policy for
administration of the pay plan.
q. Authorization for the finance director to carry forward 1994 earned
vacation in excess. of permitted hours.
r. Resolution No. 94-260 designating depositories for 1995.
s. Change orders with Olympic Wall Systems and Sterling Electric for the
ice arena project.
t. Resolution No. 94-261 amending the 1994 General Fund Budget.
u. Resolution No. 94-262 amending the 1994 Liquor Fund. Budget.
v. Approve contract with Nabanco Merchant Services for credit card
.processing.
w. Approve contract for armor car service with American Security
Corporation.
x. Resolution No. 94-263 modifying the employee handbook for employee
insurance.
y. Resolution No. 94-264 adopting the 1995 Schedule of Fees.
z. Approve contract with Midwest Employee Assistance Program.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 4
aa. Approve cleaning contract with Polished Brass Cleaning Service for
cleaning of the public works garage.
bb. Renewal of cigarette licenses for 1995.
cc. Renewal of mechanical°amusement device licenses for 1995.
-dd. Renewal of mixed municipal solid-waste and recyclable material collector
licenses for 1.995.
ee. (Removed from consent agenda).
ff. Approve Change Order No. 2 with B.L. Dalsin Roofing for the public
works building re-roofing project, Improvement Project 94-10.
gg. Resolution No. 94-265 establishing rules and rental fees for use of city
parks and property.
hh. Resolution No. 94-266 amending Resolution No. 94-4 designating exempt
and non-exempt employees in accordance with the Fair Labor Standards
Act.
ii. Approve farm rental agreement with Robert J. Berres.
jj. Ordinance No. 540 adopting salaries for the Mayor and City Council
members.
kk. Approve City Administrator's employment contract.
13. Approve a minor Comprehensive Plan amendment to alter the boundaries
of the 2010 Metropolitan Urban Service Area (MUSA) for the construction
of an elementary school on property currently outside the MUSA.
16. -Approve°re-appointment of the following advisory committee members
effective January 1, 1995:
Planning Commission (3-year terms): Christine Steigerwalt, Mary Liz
Holberg.
Economic Development Commission (3-year terms): Gary Tushie,
Robert Brantly, Dale Detjen.
Parks 8 Recreation Committee (3-year terms): Colette Wanless-Sobel.
Environmental Affairs Committee (2-year terms): Thomas Goodwin,
Jeff Bonde, Thomas Emond.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 5
Waste Haulers Subcommittee (1-year terms): Mike Feist/Mike's
Diosposal Service, Brett Anderson/Lakeville Sanitary & Recycling.
Cable TV Board (2-year terms): Terry Lind,. Eugene Hugelen, Joe
Stradcutter, Greg Stattman.
Roll call was taken on the motion-to approve the consent agenda as outlined.
Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey.
ITEM 7EE
94.260 Motion was made by Mulvihill, seconded by Sindt to renew the tree service
operator licenses for 1995, subject to receipt of the license application and fee
from Wright Tree Service and Steve Tupy Tree Service.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 8
Mayor Zaun opened the public hearing on the renewal of wine licenses and/or
non-intoxicating malt liquor licenses for 1995. Mr. Erickson stated all license
applications, fees and insurance certificates have been received, and the
Police Department has. conducted background checks on the applicants. Staff
recommends renewal of the licenses.
94.261. Motion was made by Harvey, seconded by Sindt to receive the Police
Department report and recommendation dated December 7, 1994.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
94.262 Motion was made by Harvey, seconded by Mulvihill to close the public hearing.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
94.263 Motion was made by Harvey, seconded by Johnson to renew wine licenses
and/or non-intoxicating malt liquor licenses for 1995 as follows:
Pizza Nut. On-sale non-intoxicating malt liquor
Little Joe's Pizza:. On-sale non-intoxicating malt liquor
Lakeville Chinese Restaurant Wine/on-sale non-intoxicating malt liquor
Tak Shing Chinese Restaurant Wine/on-sale non-intoxicating malt liquor
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 6
Mega Stop: Off-sale non-intoxicating malt liquor
Brook's Superette: Off-sale non-intoxicating malt liquor
Lakeville SuperAmerica (775th Street): Off-sale non-intoxicating malt liquor
SuperAmerica #4337 (CedarAvenue): Off-sale non-intoxicating malt liquor
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 9
Mayor Zaun opened the public hearing to consider a Community Development
application to the Minnesota. Department of Trade and Economic Development
to provide a loan to New Morning Windows, Inc. The City Clerk attested to
publication of the legal notice.
Mr. Sobota explained that staff has been working with New Morning Windows,
Inc., anchor tenant for the Fairfield Business Campus, on a financing package
for their 63,000 square foot building. The City will apply fora $200,000
grant/loan from the Minnesota Department of Trade and Economic
Development and will act as an intermediary between New Morning Windows
and the State during the loan process. The City will retain the first $100,000 of
the loan repayments. These funds are proposed to start a revolving loan fund
for future business development in the city. The balance of the loan ($100,000
plus interest} will be submitted to the State on a quarterly basis over the
balance of the 10 year loan. Staff recommends approval of the application for
a grantlloan from the State of Minnesota on behalf of New Morning Windows,
Inc.
Councilmember Johnson asked if there are any limits on the grant. Mr. Sobota
explained that the City is limited to one grant per calendar year. Funding
approval is expected in July of 1995.
Mr. Erickson explained thatthe City's understanding with New Morning
Windows is that by March 1st, they will provide a mortgage :commitment. to the
City. At hat time, the City will be in a position to award a bid for infrastructure
improvements, in anticipation of August building construction.
Mayor Zaun asked about the revolving loan fund. Mr. Sobota explained what
the revolving loan fund could be used for in the City.
94.264 Motion was made by Harvey, seconded by Sindt to close the public hearing.
CITY OF I.AKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 7
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
94.265 Motion was made by Sindt, seconded by Johnson to approve Resolution No.
94-267 giving approval to the application for a grant/loan from the State of
Minnesota to the City of Lakeville on behalf of New Morning Windows, Inc.
Roll call was taken on #he'motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 10
Mr. Sobota presented the proposed Economic Development Strategic Work
Plan and corresponding budget, as proposed by the Economic Development
Commission. He outlined the six strategies that are being developed and
recommended by the Economic Development Commission as follows:
Strate_py 1995 Budget
• Retail and Commercial $11,000
• Marketing Plan $13,000
• Communications and Interactions $12,500 ($10,000 trunk fund)
• Commercial/Industrial Development $ 7,500
• Business Enhancement/Retention $ 3,625
• Transportation and Infrastructure $10,000.
Councilmember Harvey asked what is intended by the proposed continued
support of Airlake Airport facilities. Mr. Sobota explained that the airport will
be supported as it is, and will be recognized as part of the infrastructure within
the community.
Councilmember Johnson supported the preservation of all forms of
aransportation within the community.
94.266 Motion was made by Mulvihill, econded by Sindt to adopt the Economic
Development Strategic Work Plan and Budget dated December 19, 1994.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill,. Harvey, Johnson,
Zaun.
CITY OF LAKEVtLLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 8
ITEM 11
Mr. Feller presented the proposed resolutions adopting the 1995- budgets,
which are consistent with the preliminary budgets adopted on September 15
and adjustments presented at the Truth in Taxation hearing on December 15,
1994.
94.267 Motion was=made by Harvey, seconded by Mulvihill to adopt the 1995 budget
resolutions as follows:
Resolution No. 94-268 adopting the 1995 General Fund Budget.
Resolution No. 94-269 adopting the 1995 Cable TV Fund Budget.
Resolution No. 94-270 adopting the 1.995 Environmental Recycling Fund
Budget.
Resolution No. 94-271 adopting the 1995 Drug Enforcement Fund Budget.
Resolution No. 94-272 adopting the 1995 Employee Benefit Fund Budget.
Resolution No. 94-273 adopting the 1995 GIS Fund Budget.
Resolution No. 94-274 adopting the 1995 Motor Vehicle Fund Budget..
Resolution No. 94-275 adopting the 1995 Storm Water Utility Fund Budget.
Resolution No. 94-276 adopting the 1995 E-911 Fund Budget.
Resolution No. 94-277 adopting the 1995 Municipal Reserves Fund Budget.
Resolution No. 94-278 adopting the 1995 Equipment Fund Budget.
Resolution No. 94-279 adopting the 1995 Building Fund Budget.
Resolution No. 94-280 adopting the 1995 Liquor Fund Budget.
Resolution No. 94-281 adopting the 1995 Water Utility Fund .Budget.
Resolution No. 94-282 adopting the 1995 Sanitary Sewer Utility Fund Budget.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEM 12
94.268 Motion was made by.Sindt, seconded by Johnson o approve Resolution No.
94-283 adopting the 1994/1995 tax levy.
Roli call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 14
Mr. Larry Lulf, Chairman of the Snowmobile Trail System Review Task Force,
s and the Parks & Recreation Director presented the recommendations of the
task force, which were reviewed by the City Council members at their
CITY OF L.AKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 9
December 6th work session. The committee is recommending athree-phased
approach. The Lakeville SnoTrackers snowmobile club, working with. City
staff, will begin with a public relations campaign to educate both snowmobile
users and the general. public as to state and local rules and regulations
governing snowmobiling within the City of Lakeville. The second phase,
.proposed for the 1995/96 snowmobile season, involves the establishment of
corridor trails within the rural ervice area,-away from rapidly urbanizing
neighborhoods. The snowmobile°club will also work toward the establishment
of two. or three strategically located parking lots in the rural service area for the
purpose of trailering snowmobiles to the trail corridors outside the urban
service area. The third phase would be a continuation of first and second
phase efforts and, if necessary, the abolishment of snowmobiling in certain
residential areas of the city. The task force plans to reconvene in April to
review the progress and/or problems of the current snowmobile season, and
meet again in the early fall to discuss strategies for the 95/96 season.
Councilmember Mulvihill stated she feels stronger police enforcement, along.
with education, wiH be necessary to control snowmobiling in the residential
areas. She commented that registration numbers on snowmobiles are small
and difficult to see, and she asked what the penalties are for violation of
registration and City ordinances.
Officer VonHof explained that the size of the serial number on snowmobiles is
established by State Statute, and registration violations are enforced by the
State. All City ordinance violations are considered misdemeanors and carry a
penalty of up to $700 and up to 90 days in jail. Realistically, however, fines
usually do not exceed $50 when these cases are taken to court.
Mr. Roger Geiger, a Valley Park resident, stated he feels snowmobile users
are: aware of the rules and regulations. He stated he feels the City should not
spend money on education, but rather focus on tighter enforcement. He stated
he feels snowmobiles should be banned, except on designated trails.
Mr. Erickson pointed out that Lakeville has 13 quare-miles of which will be in
a ruralaetting until the year 2010, and felt there is no-reason snowmobiling
cannot be allowed in those areas. He stated the Snowmobile Task Force has
acknowledged the fact that snowmobiling may have to be banned in certain
urban settings. The challenge, however, is that in order to utilize the rural
areas of the City, there are certain urban settings that need to be crossed. He
further explained that the City Council has set aside approximately $726 for the
printing and distribution of the snowmobile map and ordinance, pointing out
that City tax dollars have also gone into preserving hunting, boating and
fishing in the community.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE10
Mr. Gary Haller, a Valley Park resident, stated snowmobiles should not be
allowed on sidewalks or in residents' yards. He pointed out the danger to
pedestrians when snowmobiles travel at high speeds in residential areas.
94.269 -Motion was-made by Johnson, seconded by Harvey to receive the
cecornmendations of the 1994 Snowmobile Trail Sys#em Review Task Force
-and adopt Ordinance No. 541 amending Title 6 of the Lakeville City Code
concerning snowmobiles.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 15
Mr. Erickson stated the various advisory committees have unanimously
recommended a change in the start times for committee meetings from 7:00
p.m. to 6:00 p.m. He stated the earlier start time would allow staff and
committee members to end their meetings at a more reasonable hour and have
less disruption on their personal/family activities.
Councilmember Harvey stated he was not convinced that all committee
members could be available fora 6:00 p.m. meeting. It was suggested that the
committee members try the new start time and report back to the Council in six
months, or sooner if problems arise.
94.270 Motion was made by Johnson, seconded by Mulvihill to approve the change in
start times for committee meetings from 7:00 p.m. to 6:00 p.m. and request
committees and staff to report back to the Council if problems arise.
Roll .call was taken on the motion. Ayes, Johnson, Zaun, Sundt, Mulvihill. Nay,
Harvey. Councilmember Harvey stated he feels the earlier start time is
inconsistent,with normal practice and will lead to public confusion.
ITEM 17
94.271 Motion was made by Mulvihill, seconded by Sindt to appoint Ms. Barbara
Wanner to the Environmental Affairs Committee for a term expiring on January
1, 1997, and Mr. Jeff Larson to the Parks & Recreation Committee for a term
expiring on January 1, 1998.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
CITY OF LAKEUILLE COUNCIL MEETING
DECEMBER 19, 1994
PAGE 11
ITEM 18
94.272 Motion was made by Mulvihill, seconded by Harvey to set a Council work
session for Tuesday, January 10, 1995, at 7:00 p.m.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
NEW BUSINESS
94.273. Motion was made by Sindt, seconded by Johnson to set a Council work
session for the purpose of interviewing Police Chief candidates for Saturday,
December 31st, at 7:30 a.m,; and set a special Council meeting for Saturday,
December 31st, at 1:00 p.m. for the official appointment of a new Chief of
Police.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
Mayor Zaun adjourned the Council meeting at 9:05 p. m.
Respectfully s bmitted,
Ch ene Friedges, ty Clerk
Du a Zaun, May r