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HomeMy WebLinkAbout12-16-91 ~ • ~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 16, 1991 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 Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present:. B. Erickson, City Administrator; R. Knutson, .City Attorney; K. Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; J. Robinette, Environmental Resources/Public Works Director; C. Friedges, City Clerk. MINUTES Councilmember Mulvihill asked that the last paragraph on Page 3 of the December 2nd Council meeting minutes be deleted. The minutes were approved as corrected: STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson asked the Council to consider, under Unfinished Business, the bids received for the City's 1984 Bobcat, snow blower and broom. He asked the Council to receive, under New Business, the resignation of Ben Meledandri from the Economic Development Commission. PRESENTATIONS/INTRODUCTIONS Councilmember Ruhmann stated he will be taking students on a field trip to Novosibirsk, Russia, and had requested a proclamation by the City declaring Novosibirsk Friendship and Cooperation Days in Lakeville. 91.248 Motion was made by Ruhmann, seconded by Mulvihill to adopt the proclamation declaring December 23, 1991 to January 3, 1992, as Novosibirsk Friendship and Cooperation Days in Lakeville. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. CITIZENS' COMIVIENTS None. ITEM 7 Mayor Zaun opened the public hearing to consider renewal applications for on-sale and Sunday liquor licenses; 7:15 p.m. The City Clerk attested that the legal notice was duly published on November 25, 1991. CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE 2 Police Chief Gudmundson presented. applications from six liquor establishments for renewal of their on-sale and Sunday liquor license. They are: Ole Piper Inn, 16604 Cedar Avenue Lakeville VFW, 8790 Upper 208th Street (Club Liquor) The Chart House, 11287 Klamath Trail Babe's Sportsbar & Grill, 20685 Holyoke Avenue Lakeville Family Bowl, 20944 Holyoke Avenue Brackett's Crossing Country Club, 17976 Judicial Road (Club Liquor) ChiefGudmundson explained that the Police Department completed background checks on the license holders. The Chart House has applied for a change in ownership to Frank Schoeben and Richard Ames. Background checks have been completed on the new owners, and staff recommends approval of the license. Chief Gudmundson stated that according to the Dakota County Tax Assessor's Office, property taxes are delinquent on the club house area of Brackett's Crossing. Mr. Meledandri has indicated in the renewal application that the taxes will be paid in full by December 31, 1991, and staff recommends approval of the license subject to ordinance requirements being met. Chief Gudmundson also presented the renewal applications for eight • non-intoxicating malt liquor licenses, and all were found to be in compliance with City ordinances.. Staff recommends renewal of the non-intoxicating malt liquor licenses under Consent Agenda Item 10d. Second Season Golf Center has not, to date, applied for the renewal of their on-sale non-intoxicating malt liquor license. There was no public comment on the license renewals.. 91.249 Motion was made by Ruhmann, seconded by Harvey to close the public hearing; 7:20 p.m. Roll call was taken on the motion. Ayes, Zaun,. Sindt, Mulvihill, Harvey, Ruhmann. 91.250 Motion was. made by Harvey, seconded by Ruhmann to renew the on-sale and Sunday liquor licenses for the following establishments: Ole Piper Inn, Lakeville VFW, Babe's Sportsbar & Grill and Lakeville Family Bowl. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 91.251 Motion was made by Sindt, seconded by Harvey to approve the change in ownership of Four-Eleven, Inc., dba The Chart House, and renew the on-sale and. Sunday liquor license for 1992. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE3 91.252 Motion was made by Mulvihill, seconded by Harvey to renew the on-sale and Sunday liquor license for Brackett's Crossing Country Club, subject to City ordinance requirements being met. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 8 Mayor Zaun opened the public hearing on the proposed 1992 Budget; 7:24 p.m. The City Clerk attested that the legal notice was duly published on December 9,1991. Mr. Feller provided an overview of the proposed 1992 budget as follows: Taxes and State Aids: The State .legislature controls property taxes by establishing levy limits and then. allocates local government aids (LGA) and homestead and agncultural credit aids (RAGA) to minimize the amount of net tax impact on property owners. In 1991 and prior years, the City was able to increase its levy limit base for population, inflation and certain special levies. However, the 1991 Omnibus Tax Bill allows no increases for population or inflation. The 1992. tax levy for the City is recommended to be $5,157,917, which is $4,710 less than the proposed levy adopted in August. The reduction is the result of low interest rates on certificates of indebtedness sold in November. The tax levy represents a 3.6% increase over 1991, which translates into a property tax decrease for most homesteaded property because of Lakeville's increased tax base. Revenue Sources Licenses and permits; 450 single family residential home permits .are anticipated in 1992; Charges for services; no significant increase in fees over 1991; Donations are anticipated from ISD 194 and ISD 196 to support the DARE program; The Liquor Fund will contribute $103,965 to support police .department operations. Expenditures Personnel: With severe revenue constraints in 1991, the 1992 budget does not include any new permanent staff positions. Lakeville has historically had one of the. lowest number of employees per capita in the State. The City .will have 3.2 employees .per thousand population in 1992. The part-time fire marshal position will become full-time.. in April of 1992. .FICA expenditures for seasonal employees will cost the City an additional $13,621 due to recent changes u~. IRS regulations. • CI'I~Y COUNCIL MEETING MINUTES DECEMBER 16, 1991 ',I PAGE 4 Commodities and Contractual: The. City will show no significant increases in .commodities or contractual items for 1992. By purchasing newer, more efficient equipment, the City' has been able to maintain lower operating costs. Major capital outlay items include a pickup truck for the Inspection Department, a copy machine, tables anti chairs for city hall, a vertical file for city hall and engineering computer-related. items. General Governmertt: The 1992 budget provides for a legislative liaison ($15,000) to further, the City's efforts with levy limits and road .access/impact fees. The budget includes $13,750 to purchase 50 additional voting booths. Public Safety: .Fire', Department pension liabilities increased from $81,252 in 1991 to $140,447 in 1992. The City will provide $26,055 to ALF Ambulance in the form of capital outlay contributions which can be financed from Certificates of Indebtedness. Public Works: Engineering projects for 1992 include field survey work and preparation of a feasibility report for the downtown storm sewer protect and the overlay and sealcoating of 175th Street. Parks and Recreation: With the reopening of Orchard Lake Beach in 1992, the cost of providing lpfeguard services will increase from $24,141 in 1991 to $36,446 in 1992. The puppet wagon and safety camp were included in the budget contingent upon community donations. Fund Balance Expenditures exceed revenue by the amount of $296,766; this will result in a fund balance of $2,058,127 on December 31, 1992. The fund balance represents the amount of funds required in order to operate the first six months of the year. The City's most significant revenue sources, taxes and intergovernmental revenue, do not provide appreciable revenue until the second half of the year. The ending fund balance for 1992 is considered adequate, but not excessive. Special Revenue Funds Special revenue funds were established to account for revenue from a dedicated source.. The special revenue funds are: Cable TV Fund Drug Enforcement Fund Employee Benefit Fund Environmental/Recycling Fund Motor Vehicle Fund Capital Projects Funds Capital projects funds are used to account for financial resources to be .used for the acquisition of capital facilities and equipment. Certificates of indebtedness were sold to finance the acquisition of public safety, public works CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE 5 and park maintenance equipment. The Building Fund is used to account for the accumulation and disbursement of funds for the construction or improvement of public buildings. The primary source of revenue is the Liquor Fund. Enterprise Funds Enterprise Funds are used to account for Liquor operations. Enterprise Funds are also used to account for Water and Sewer operations of the City, which are self-supporting from user charges. Liquor Fund: The 1992 budget includes one new permanent full-time supervisor position. This. fund transfers $103,965 per year to the General Fund to pay for police officers. It also transfers $75,000 per year to the Building Fund. In closing,. Mr. Feller acknowledged the efforts of department directors and their staffs in the preparation of this budget. The Councilmembers and staff held a brief discussion. There was no public comment. 91.253 Motion was made by Mulvihill, seconded by Ruhmann to close the public hearing; 8:05 p.m. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 9 91.254 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 91-160 approving the 1991/payable 1992 tax levy. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,. Ruhmann. CONSENT AGENDA The City Council added Agenda Items 18, labor contract with Law Enforcement Labor Services; 19a, resolution awarding sale of the Bobcat and attachments; and 20a, letter of resignation from Ben Meledandri, to the consent agenda. 91.255 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Approve claims for payment. b. Approve November Investment Report. c. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, December 4th Environmental Affairs Cammittee, December 3rd Economic Development Commission, November 26th CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE 6 d. Renewal of on and off-sale non-intoxicating malt liquor licenses for 1992 to the following establishments: Brook's Superette, Little Joe's Pizza, Mega Stop, Pizza Hut, SuperAmerica (160th & Cedar), SuperAmerica (Highway 50), Tom Thumb Stores (3), and Berries arket Deli. e. Renewal of cabaret licenses for 1992 to Brackett's Crossing, Lakeville VFW Club, The Chart House and Lakeville Restaurant & Spirits. f. Renewal of cigarette licenses for 1992 per City Clerk's memo dated December 10, 1991. g. Renewal of mechanical amusement device licenses for 1992 per City Clerk's memo dated. December 10,1991. h. Renewal of garbage, rubbish and recyclable material collector licenses for 1992 per Planning Assistant/Zoning Enforcement Coordinator's memo .dated December 6,1991. i. :Resolution No. 91-161 setting dates for regular Council. meetings in 1992. j. Resolution No. 91-162 approving the 1992 General Fund Budget. k. Resolution No. 91-163 approving the 1992 Cable TV Fund Budget. 1. Resolution No. 91-164 approving the 1992 Environmental Recycling Fund Budget. m. Resolution No. 91-165 approving the 1992 Drug Enforcement Fund Budget. n. Resolution No. 91-166 approving the 1992 Employee. Benefit Fund Budget. o. Resolution No. 91-167 approving the 1992 Motor Vehicle Fund Budget. p. Resolution No. 91-16$ approving the 1992 Certificates of Indebtedness Budget. q. Resolution No. 91-169 approving the 1992 Building Fund Budget. r. Resolution No. 91-170 approving the 1992 Liquor Fund Budget. s. Resolution Na. 91-171 approving the 1992 Fee Schedule. t. Resolution No. 91-172 adopting the position classification and pay plan for exempt and non-exempt positions and setting forth the policy for administration of the pay plan. u. Resolution No. 91-173 adopting the non-exempt off-sale liquor stores' position salary structure. v. Resolution No. 91-174 amending the 1991 General Fund Budget. CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE 7 w. Resolution No. 91-175 establishing rates for water unit, sanitary sewer unit and sanitary sewer area charges. x. Resolution No. 91-176 setting state aid street assessment policy. y. Resolution No. 91-177 establishing storm sewer charges. z. Receive bids for curbside recycling. containers and approve Resolution No. 91-178 awarding contract. aa. Approve Change Order No. 6 with Friedges Landscaping for the Casperson Park development project. bb. Approve Change Order No. 3 with Barbarossa and Sons for Judicial Road Improvement Project 89-9. cc. Reject bid submitted by Halstead's, Inc. for site grading on Fairfield Business Campus, Improvement Project 91-10. dd. Final acceptance of street improvements only, Cedar Glen 2nd Addition. ee. Final acceptance of street and utility improvements, Trotter's Ridge Phase III. ff. Approve Release and Resolution No. 91-179 authorizing assignment of development contract for Highview Heights 4th Addition. gg. Resolution No. 91-180 establishing rules and rental fees for use of city parks and property. 18. Approve 1992 labor contract with Law Enforcement Labor Services, Local 129, (Communications Technicians}. 19a. Accept bids received for the Bobcat and attachments, and approve Resolution No. 91-185 awarding the sale.. 20a. Receive letter of resignation from Ben Meledandri, Economic Development Commission member. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 Mr. Feller presented the 1992 Utility Fund Budget. He explained that there are no anticipated changes in permanent full-time personnel; however, one new permanent part-time position is included in the budget as meter reader beginning • April 1, 1992. The water fund budget reflects a 9% increase in water rates. Office supplies and postage reflect an increase,. since the City will be mailing CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 . PAGE 8 return envelopes with utility bills starting in 1992. Operating supplies will also experience a significant increase primarily due to the hydrant maintenance grogram. The Utility Fund will finance all major maintenance projects in 1992, including the painting of the McStop Tower ($123,600) and Airlake .Water Tower (345,550.) License and permit fees paid to the State. of Minnesota for pumping water are anticspated to increase 40%. There is no proposed increase m sewer user fees for 1992. The Metropolitan Waste Control Commission (MWCC) is proposing to increase its .rates by 8% for current use charges in 1992. The rate increase, combined with a 4.8% increase in sewage flows, will result in a $119,019 increase in the MWCC current service charges. The City's payments to MWCC were low in 1990 and 1991 because of credits due to over billings in prior years. Mr. Feller pointed out that the MWCC charges represent over 70% of the budget. Councilmember Sindt asked if the MWCC over charges are due to inflow and infiltration (I & I). Mr. Feller explained that. the MWCC bills the City for what they predict the sewer gallonage will be for the coming year. Inflow and infiltration occurs during periods of heavy rainfall when water penetrates into the sanitary sewer system. He explained that the City has taken steps to minimize the I & I by grouting and repairing leaks in the system. There was no public comment on the UtilityFund Budget.. 91.256 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 91-181 approving the 1992 Utility Fund Budget. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 91.257 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 91-182 setting the Utility Fund water and sewer rates. Roll call was taken on the motion. .Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 Mr. Ralph Wagner of Probe Engineering asked the Council to consider the final plat of Country Pond South Second Addition, which consists of 39 single family residential lots on property located west of Flagstaff Avenue and south of Dodd Boulevard. He stated the final plat reflects changes that were recommended by the advisory committees. Mr. Sobota explained that staff initially recommended approval of the final plat with. 12 stipulations.. All but two stipulations are covered under the development contract. One stipulation is included in the Council's resolution approvingg the final plat, and the requirement that the multi-purpose trailway (MPTW) be completed prior to final plat approval was ehmmated by the Planning CITY COUNCIL MEETING MINUTES DECEMBER 16, 1991 PAGE 9 Commission. The City Engineer has reviewed the final plat and recommends approval. The Environmental Affairs Committee reviewed the grading and erosion control plan with the Dakota County Soil & Water Conservation District and recommends approval.. The Parks & Recreation Committee has recommended a cash contribution to the Park & Trail Fund. Councilmember Harvey asked when the multi-purpose trailway will be completed. Mr. Wagner explained that. the contractor was not able to complete the trailway due to the early arrival of winter. Councilmember Harvey suggested amending the development contract to include a stipulation that the multi-purpose trailway be ..completed by July 1, .1992. 91.258 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 91-183 approving the final plat and development agreement for Country Pond South 2nd Addition, with a stipulation that the multi-purpose trailway be completed by July 1, 1992. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, .Mulvihill, Harvey. ITEM 14 Mr. Erickson presented a Real Estate Purchase Agreement with Larry and Darlene Wetterlund for the purchase of their property, which is surrounded by Casperson Park. He explained that the Wetterlunds had applied for a conditional use permit to construct a garage on the site. Due to the non-conformity of the property, the Planning Commission recommended denial of the permit. The City obtained an appraisal on the property, and Mrs. Wetterlund has decided to sell the property to the City at the appraised value. She has also signed a waiver of relocation benefits. Mr. Michaud explained that staff recommended the acquisition of this property for Casperson Park as part of the 1986 park bond referendum; however, the acquisition was not pursued due to limitation of funds. The Parks & Recreation Advisory Committee recommends purchase of the property, which is included in the 1992 Park Dedication Fund budget. Councilmember Sindt asked about the well that is located on the prope Staff explained that the City anticipates capping. the well pursuant to the~ounty's rules and regulations. 91.259 Motion was made by Mulvihill, seconded by Ruhmann to authorize the Mayor and City Clerk to enter into a Real Estate Purchase Agreement with Larry. and Darlene Wetterlund for the acquisition of their property at 19749 Juno Trail Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. TIBM 15 CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE 10 Mr. Sobota presented a signed purchase agreement with Vista Telephone Company for City .owned property on Gerdine Path and Dodd Boulevard. The sale of this property would be contingent upon the City Council granting a conditional use permit for the construction of a switching facility on the properttyy The project includes Vista paying the cost of a park master plan for the Cedar Highlands Park, whether or not the conditional use perinrt is approved. Vista has .also agreed to provide parking that could be utilized for the park. as part of an integrated site plan. Mr. Michaud explained that the Parks & Recreation Advisory Committee and staff would like to re-design this property into a passive, greenway type of park with a low maintenance praine grass type of vegetation. The existing retention pond would be redesigned, and all major trees would be preserved. The park shelter building would be built consistent with existing park facilities. He stated Vista is offering $25,000 for the property, plus an amount not to exceed $5,000 for. preparation of the park master plan. Councihnember Harvey felt that the neighborhood should be given an opportunity to meet, and the Planning Commission should consider the conditional use permit request prior to City Council approval of the purchase .agreement. He stated he would prefer to grant concept plan approval at this time. Mr. Knutson explained that Sections 5 and 6 of the purchase agreement state that • the agreement shall be terminated if Vista is unable to obtain a .conditional use permit for the operation of a telephone switching station on the property; and Vista shall reimburse the City for the cast of preparing a park master plan study, not to exceed $5,000. Mr. Erickson stated the Council could table action on the purchase agreement and authorize staff to present the park master plan as it now exists and the proposed purchase agreement to the neighborhood. Staff would return to the Council for approval of the purchase agreement after neighborhood meetings have been held. In answer to Councilmember Mulvihill's question, Mr. Erickson explained that the $4,500 from Vista could be used to fine-tune the master plan after. the purchase agreement has been approved. 91.260 Motion was made by Sindt, seconded by Mulvihill to table the purchase agreement with Vista Telephone Company for property located on Gerdine Path and Dodd Boulevard and authorize staff to present -the proposed Vista Telephone switching facility and park master plan at a neighborhood meeting. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 16 91.261 Motion. was made by Sindt, seconded by Mulvihill to re-appoint the following advisory committee members: CITY COUNCIL MEETING MINUTES DECEMBER 16,1991 PAGE 11 Planning Commission (three year terms) -Christine Steigerwalt .and Mary Liz Holberg Parks & Recreation Committee (three year terms) -Gerald Grenz and Jeffrey Larson Environmental Affairs Committee (two year terms) -Robert Nicholson, Todd Mestad and. Tim Lundahl Cable TV Board (two year terms) -Richard Schwartz, Robin Selvg, Greg Maliszewski and Robert Crumpton, Jr. Economic Development Commission (three year terms) -Gary Tushie, Robert Brantly and Dale Detjen Roll call was taken on the motion. Ayes, .Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 17 Mr. Erickson presented a resolution urggi~ng the 1992 State Legislature to repeal the provisions of Minnesota Statutes 207A, which provides for a Presidential Primary Election to be held on the first Tuesday in April of each year in which a President and Vice President of the Unites States are to be elected. He explained that the cost of holding the presidential primary must be borne by .local taxpayers, and the results of the presidential primary are not binding for delegate participation at the national convention of political parties appearing on the presidential primary ballot. Councilmember Sindt expressed her opposition to this type of an .election, particularly if cities are forced to bear the costs. She stated, "This is a "beauty :contest" between the two major political parties, but they don't want to pay for it. Also, voters would have to indicate their political party in order to receive a ballot." 91.262 Motion was made by Sindt, seconded by Ruhmann to approve Resolution No. 91-1$4 urging the 1992 State Legislature to repeal the provisions of Minnesota Statutes, Chapter 207A, which provides for a presidential pnmary election. Rall call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill UNFINISHED BUSINESS Mr. Erickson provided a status update on the Ardmor storm shelter construction. NEW BUSINESS None. ANNOUNCEMENTS City offices closed on December 24th and 25th and January 1st Next regular Council meeting, January 6,1992 Mayor Zaun adjourned the meeting at 9:40 p.m. Respectfully submitted, CITY COUNCIL MEETING MINUTES .DECEMBER 16,1991 PAGE 12 ~ ~ Charlene Friedges, City rk D ne Zaun, May r