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HomeMy WebLinkAbout05-05-08CITY OF lAKEVILLE COUNCIL MEETING MAY 5, 2008 Mayor Dahl 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 Bellows, Swecker, Rieb, Wulff and Mayor Dahl Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; T. Vonhof, Police Chief; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. Mr. Mielke presented additional correspondence for Item No. 8. Presentations/Introductions - Sheila Longie and Amy Rudser, representing the Lakeville Rotary Club, provided information regarding the upcoming Taste of Lakeville event. Bruce DeJdng, representing the Minnesota Government Finance Officers .Association, presented the Certificafe of Achievement for Excellence in Financial Reporting to the City of Lakeville. He also,presented an Award of Fihancial Reporting Achievement to Senior Accountant Brian Kempa. Chief Vonhof introduced Sergeant Tim Knutson and the Lakeville Police Department. Building Committee, Dale Sonnichsdh of Stahl Construction. -rand Nick Marcucci of 1Nold Architects and Engineers, Sergeant Khutson .presented to the City of Lakeville the 2007 Best Noriprofit/Government Development Project Award for the new police .building construction project. -The award was presented at a recent awards ceremony by the :Minneapolis St. Paul Real Estate Journal. Chief Vonhof presented the Lakeville Police Department 2007 Annual Report: City Engineer Keith Nelson provided an engineering project update. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2008 PAGE2 Senior Center Historian Candice Hojan asked the City Council to proclaim May 28, 2008 as National Senior Health and Fitness Day. Council Member Swecker read the proclamation. Citizens' Comments Danny and Jennifer Harjo, 16798 Gannon Avenue, addressed the City Council regarding the baseball backstop at Fairfield Park, which is located in close proximity to their home and has become a gathering place for young adult men. They asked the Council to direct that the backstop be relocated further to the east, away from their property line. Mayor Dahl stated City staff will address this matter. Consent Agenda Mr. Mielke highlighted consent agenda items bd and bj. Council Member Swecker asked that Item bo be removed from the consent agenda for discussion. Council Members added Item 7 to the consent agenda. 08.50 Motion was made and seconded to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the April 21, 2008 City Couhcil meeting and the April 21, 2008 Council work session. c. Receive minutes of the April 17th Planning Commission., April 16?h Parks Recreation & Natural Resources Committee and April l Orn Lakeville Area Arts Center Board meetings. d..- Resolutions No. 08-65,08-66 and 08-67 establishing new polling places for Precincts 2, 7 and 11. e. Resolution No. 08-68 approving plans and specifications and setting a bid date for Well # 19, Improvement Project 08-04. f. Resolution No. 08-69 approving plans and specifications and setting d bid date for Lift Station #7 rehabilitation, Improvement Project 08- 08. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2008 PAGE 3 g. One year extension of the Fieldstone Creek preliminary plat. h. One year extension of the Chadwick Farm preliminary plat. i. Agreement with Kris Jedda, 10,000 WAKES, for recreation programs. j. Ordinance No. 838 amending Title 3, Chapter 1 of the Lakeville City Code establishing a best practices program for licensed liquor establishments. k. Resolution No. 08-70 providing notice of intent for the annexation of the Hat Trick Investment Property, located in Section 3 of Eureka Township, to the City of Lakeville and calling for a public hearing. I. Resolution No. 08-71 authorizing submittal of grant applications to Minnesota DNR for snowmobile and cross country ski trail grants. m. Change Order No. 1 with SBF Development Corporation for the construction of a pedestrian boardwalk at East Community Park. n. TimberCrest at Lakeville 3~d Addition development contract amendmeht. o; (Removed from consent agenda) p. Resolution No. 08-72 approving Record of Decision for First Park Final AUAR, Mitigation Plan and Response to Comments. q. Agreement with Mitchell Painting; Inc. to paint the exterior of the public works storage fdcility. r. Resolution No. 08-73 accepting donations for clean-up day. 7. Amendment to Nordic Square Planned Unit Development Agreement. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING MAYS, 2008 PAGE4 Item 60 -Sign Variance for Comfort Inn Council Member Swecker stated she is reluctant to approve the sign variance as requested by Comfort Inn. She explained that the Planning Commission and City staff have been directed to review the freeway corridor commercial sign regulations of the zoning ordinance. That process has already begun, and she feels a decision on the Comfort Inn sign variance should not be made until that review process is completed and the Planning Commission and City Council have determined what is appropriate for all businesses Igcated within. the freeway corridor. She pointed out that the variance is issued to the property and remains with the property, regardless of who owns it. She stated she agrees that changes to the sign ordinance need to be made; however special allowances should not be made for this one business. Mr. Morey stated staff hopes to have an informal recommendation from the Planning Commission in June; however, a formal recommendation and ordinance amendment requires a public hearing and would take some additional time. He pointed out that the variance application will expire on June 20, 2008. Council Member Rieb stated she feels the applicant has provided sufficient evidence to justify the variance dnd was ledd to believe. at the April 215} Council meeting that the variance would be approved at this meeting. - 08.51 .Motion was made and sedonded to table consideration of the Comfort -Inn sign variance until rio later than June 20, 2008. Roll call was taken on the motion. Ayes, Bahl; Swecker, Bellows, Nays; Rieb, Wulff. Item 8 -Metropolitan Council Transit Service Expansion Plan Mr: Mielke presented a proposed resolu#ion. that would approve an agreement with- the Metropolitan Council for the execution ofi a transit service expansion pldn for the City of Lakeville. The proposal is for transit services and. highway improvements to the City of Lakeville in exchange for the City joining the transit taxing district. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2008 PAGE S Mr. Mielke explained that communities in the south metro area who are currently part of the transit taxing district include Apple Valley, Eagan, Rosemount, Savage, Prior Lake and Shakopee. The transit taxing district boundary was established by State law, and Lakeville was not included in the transit taxing district. The Metropolitan Council and Minnesota Department of Transportation (MnDOT) successfully applied for and received a US Department of Transportation Urban Partnership Agreement Grant, which calls for a variety of improvements within the I-35 and Cedar Avenue transitways that are intended to reduce congestion along these corridors. As part of the Urban Partnership Agreement, the Metropolitan Council and MnDOT have committed to making improvements in the areas of transit, tolling, technology and telecommuting, some of which will occur within the City of Lakeville with approval of this agreement. The agreement proposes a park and ride facility on the east side of I-35 at the former MnDOT weigh station. This one-level ramp would be built to accommodate approximately 500 cars. There would be bus-only exit and entrance ramps from I-35, and car access would be via Kenrick Avenue. The facility would also include a passenger waiting area (shetter). Service would begin in September of 2009. Initial service would include six morning and six afternoon express trips to and from Minneapolis via coach style buses. The.Metropolitan Council proposal also includes a 500-car capacity park and. ride facility on Cedar Avenue. The size dnd location of that facility are yet to be determined. With respect to highway improvements, the proposal includes the - extension of the 1=35 high occupancy vehicle (HOV) lane from its current termination near Burnsville Parkwdy to the I-35 East/Westsplit, which will alsd serve as a high occupancy toll (HOT) lane for single occupants who pdy a fee. Iriadditioh, the I-35 duxiliary lane would be extended south to Cdunty Road 50. Mr..Mielke explained that if the agreement is approved and Lakeville joins the transit taxing district, the Metropolitan Council will levy $370,000 payable 2009 and approximdtely $740,000 payable 2010 and thereafter. The property tax impact on an average $280,000 home in Lakeville is estimated to be $36 per year ($18 in 2009j. The tax levy on a $2 million CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2008 PAGE 6 commercial/industrial property would result in a $315 per year increase in taxes. The agreement contains a number of obligations that the Metropolitan Council must meet by December 4, 2008, or the agreement becomes null and void. Mayor Dahl asked about the probability of Lakeville being forced into the district by the State legislature. Mr. Mielke stated that as long as the legislature is in session, there is a chance; however, this agreement is based upon a voluntary entrance. Mayor Dahl asked why the east side of I-35 was chosen for the park and ride facility. Mr. Mielke stated the goal in transit planning is to get people to Minneapolis in the morning as quickly as possible, therefore, the east side was chosen. Council Member Wulff provided a brief history of transit funding and how it works. She explained that until 2001, the entire seven-county metro area was in the transit taxing district, which paid for capital and operating. In 2002 the operating subsidies were shifted from the transit taxing district to a statewide motor vehicle sales tax. She also provided a brief history of the Apple Valley Transit Station and Lakeville's initial attempt to locate that facility oh Cedar Avenue when it was built in 1999. Council Member Wulff stated`she feels it is incumbent of the City of Lakeville to accept the Metropolitan Council's offer for transit services. However; she feels if should not impact the City's residents and businesses by imposing additional tdxes. She stdted she will not vote in favor of this `agreement unless the City Council commits to making cuts in the City's budget to offset the trdhsit tax. Joe Niedermeyer, a long-time Lakeville resident, spoke iri support of the proposed highway improvements dnd public transportation system and urged the City Council to approve the agreement. Wayne Tonsager, 2431 1 Natchez Avenue, spoke against the proposed transit system and. tax, which he estimates will only benefit one percent of Lakeville residehts. He stated he owns industrial buildings in Lakeville and wants to see Lakeville Yesidehts working in Lakeville, not commuting to Mlnneapolis. He feels there will be traffic congestion on Kenrick Avenue near Fleet Farm and the transit station. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2008 PAGE 7 Colin Lee, 17372 Jalisco Lane, spoke in support of the proposed agreement, stating he feels the benefits outweigh the costs.. Todd Bornhauser, Executive Director of the Lakeville Area Chamber of Commerce, stated the Chamber does not support any increase in property tax, including the levy increase to join the Metropolitan Transit Taxing District. Trevor Brown, 17445 Inland Loop, stated he feels the City should take this opportunity and join the transit taxing district. Heidi Sheehan, 17372 Jalisco Lane, spoke in support of the proposed agreement, stating the transit system will provide transportation to college students. Tim Milne, 20777 Junco Court, stated he is willing to pay the additional tax for this transit service, but he encouraged the Council to come up with ways to offset the burden on the businesses in Lakeville. Norm Plasch, 19258 Ireland Way, encouraged the City Council to vote for this agreement. Ron Gerk, 10466 l 75th Street West, spoke in support of the agreement cxnd urged the Council to discuss a method by which to offset the additional tax. Council Member Swecker stated she feels Lakeville is fortunate to be able to make a decision on whether or not to join the trdnsit taxing district and take advantage of the UPA grant. She stated she supports Council Member Wulff's proposal to adjust the City's budget to offset the burden on the taxpayers. Council Member Bellows recognized the fact that there is an incentive for Lakeville to join the transit taxing district at this time. However, in light of the recent increase in transportation and transit taxes, i.e. the '/4 cent sales tax adopted by Dakota County, license fees and a gas tax increase, he agreed that the Council must make reductions in the City's budget for 2009/2010 to avoid an increase in property taxes. 08.52 Motion was made and seconded to approve Resolution No. 08-74 'authorizing the execution of an agreement with the Metropolitan Council CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2008 PAGE 8 with regard to a transit service expansion plan, with an amendment that the transit tax levy will be offset by City budget reductions for property taxes payable in 2009 and 2010, with no net property tax increase (extending out loans or debt payment). Roll call was taken on the motion. Ayes, unanimous. New business None Announcements - Saturday, May 10th -Family Fun Fest at Lakeville Ames Arena - Saturday, May 17th -Citywide garage sale - Monday, May 12th -Council work session - Monday, May 19th -Next regular City Council meeting Mayor Dahl adjourned the meeting at 9:35 p.m. Respectfully submitted, ,~ Chdrl,~ne Friedges, Cit Clerk /,'