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HomeMy WebLinkAbout10-15-07 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2007 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of aliegiance to the flag was given.. Attendance was noted. Present: Mayor .Dahl and Council Members Bellows, Swecker, Rieb and Wulff. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community 8~ Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; T. Vonhof, Police Chief; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk.. Mr. Mielke asked the Council to remove item 6f from the consent agenda. Presentations/Introductions • Steve Michaud presented the September monthly report of the Parks & Recreation Department. Chief Vonhof presented the September Police Department monthly report. . David Olson asked the City Council to proclaim the week of October 22- 26 Manufacturer's Week in the City of .Lakeville. Economic Development Commission members Jack Matasosky and Tom Smith were present to .accept the proclamation. Citizens' Comments None Consent Agenda Mr. Mielke highlighted consent agenda items j, r, z and aa. 07.69 Motion was made and seconded to approve the consent agenda items as follows: a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER I5, 2007 Page 2 b. Minutes of the October 1, 2007 City Council meeting and work .session. c. Receive minutes of the October 4, 2007 Planning Commission and September 20, 2007 Snowmok~e Task-Force meetings. d. Gambling permit for American Legion Post 44 for bingo at the Lakeville VFW Club on October 27, 2007. e. Gambling permit for Pheasants Forever, Dakota Ringnecks Chapter 562, for a raffle at Crystal Lake Golf Club on March 29, 2008. f. (Removed from consent agenda.) g. Special assessment agreement with LeRoy & Marjorie Kehrer, 21280 Dodd Boulevard, for sanitary sewer connection charges. h. Special assessment agreement with .Mark Zweber, 21310 Dodd Boulevard, for sanitary sewer connection charges. i. Resolution No. 07-167 calling a public hearing to assess weed/grass removal. j. Resolution No. 07-168 calling a public hearing to assess Dakota Heights street reconstruction, Improvement Project 07-02. k. Final acceptance of street improvements in Morgan Square l st Add'rfion. L Final acceptance of utilities .and street improvements in Morgan Square 2nd Addition. m. Resolution No. 07-169 approving the final plat of Double E Crossings 3~d Addition. n. Tree work license for Northway Tree Service. o. Agreement with Sno-Trackers Snowmobile Club to provide cross- country ski trail grooming at Ritter Farm Park. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2007 Page 3 p. Instructor agreements with JoAnne Andres, Hermine Magnus, Sue Linden,. Mark Kroeten .and Tammy .Brand for fall programs at the Lakeville Area Arts Center. q. Resolution No: 07-170 receiving .bids and awarding contract for the Casperson Park irrigation well, Improvement Project 07-15. r. .Resolution No. 07-171 accepting donation firom Friedges, Inc. to the Parks & Recreation Department. s. Encroachment Agreement with the Metropolitan Council Environmental Services for the East Community Park boardwalk. t. Ordinance No. 829 amending -Title 8 of the .Lakeville City Code to adopt the Minnesota Fire Code. u. Snow removal contract- with Aspen Ridge Lawn Maintenance for Lakeville Liquors Galaxie, Kenrick and Cedar. . v. Resoiution No. 07-172 approving change orders for .the Lakeville Liquors Galaxie .project. w. Amendment to the City of Lakeville Policy Manual to incorporate the Employee Health and Recognition, ..Drug and Alcohol Testing and HIPAA Security policies. x. Resolution No. 07-1..73 authorizing car allowances. y. Site Lease Agreement with T-Mobile Central LLC for the Airlake water tower site. z. Naming Rights Agreement with Glenn and Tim Hasse for Lakeville Hasse Arena, located at 8525-215t" Street West. da. Settlement Agreement and Change Order No. 7 with CM Construction, Inc. for the Central-Maintenance Facility. Roll call was taken on the motion. Ayes, unanimous. i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2007 Page 4 Item 7 -Downtown Lakeville Special Service District Mayor Dahl opened the public hearing on the imposition of a service .charge in Special Service District No. 1 in Downtown Lakeville. The City Clerk attested to legal. notice publication. On behalf of .the Downtown Special Service District Advisory Board, Finance Director Dennis Feller recommended approval of the proposed budget for the period of July 1, 2008 to June 30, 2009- and a special service charge in the amount of $27,534 payable in 2008. He explained that the allocation of the total service charge to the downtown properties is based on the net tax capacity of the commercial values of the properties in the special service district. The district consis#s of property located adjacent to Holyoke, Holt and Howland avenues from 202nd Street Weston the north to 210t" Street West on the south.. After the public hearing is conducted and. the resolution is adopted, the charges will be certified to the Dakota County Treasurer/Auditor for collection with taxes payable in 2008. Ms. Judy Tschumper, Executive Director of the Downtown Lakeville S Business Association, provided an overview of last year's accomplishments and activities of the Downtown Lakeville Business Association. She highlighted some of the new businesses that are opening and existing businesses that are expanding in the downtown area, including Hockey Development Center, Holly's Center Stage- Dance, the Loft Bridal 8~ Design, Mainstreet Coffee Cafe, Barger's Hail Salon, Discovery Financial, and Integra Health. Ms. Tschumper presented a list of events and activities planned for the upcoming year. The key objective of the DLBA, she explained, is to promote downtown businesses, and the DLBA partners with. many organizations on programs such as Wednesdays on Main, the St. Paul Farmers Market, Downtown Dash.-Lakeville 5K, the Harvest Festival, Holiday on Main and the Ironman Bike Ride. There were no questions or comments from Council members or members- of the audience. 07.70 Motion was made and seconded to close the public hearing. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2007 Page 5 07.71 Motion was made and seconded. to approve Resolution No. 07-174 imposing a service charge for Special Service. District No. 1 for taxes payable 2008.. Roll call was taken on the motion. Ayes, unanimous. Item 8 -Certification of Delinquent Utility Accounts Mayor Dahl opened the public hearing on .the certification of delinquent water, sanitary sewer, storm sewer and street lighting charges.. The City Clerk attested to legal notice publication. Finance Director Dennis Finance explained that the City can minimize its losses due to bankruptcies by certifying delinquent utility accounts to .taxes. In addition to certifying the amount delinquent, the City also collects a $25 service charge to cover the cost of certification and interest at a rate of 18~ per annum. -The total amount of the assessment for delinquent utility accounts is $122,942.34... Council Member Bellows asked if the assessment amount and number of accounts being certified has increased from previous years. Mr. Feller stated the total assessment and number of accounts has almost doubled over the past three. years. There were no questions from the audience. 07.72 Motion. was made and seconded to close the public hearing on the certification of delinquent utility accounts. Roll call was taken on .the motion. Ayes, unanimous. 07.73 Motion was made and seconded. to approve Resolution. No. 07-175 certifying unpaid .water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, unanimous. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER I5, 2007 Page 6 Item 9 -Cedar Store One 3.2% Malt Liquor License Mayor Dahl opened the public hearing on the issuance of an off-sale 3.2~ malt liquor license to Cedar Store One, Inc., 7468 - 167th Street West. The City Clerk attested to legal notice publication. Sergeant Knutson presented the police report. The applicant, Liem Nguyen, introduced himself and requested Council approval of an off- sale 3.2% malt liquor license for his store. There were no questions or comments. 07.74 Motion was made and seconded to close the public hearing. Roll call was taken on the motion. Ayes, unanimous. 07.75 Motion was. made and seconded to grant an off-sale 3.2~ malt liquor license to Cedar Store One, Inc., 7468-167th Street West. Roll call was taken on the motion. Ayes, unanimous. Item 10 -Supervalu/Cub Foods 3.2% Malt Liquor License Mayor Dahl opened the public hearing on fhe issuance of an off-sale 3.2% malt liquor license to Supervalu, Inc. for Cub Foods, 20250 Heritage Drive. The City Clerk attested to legal notice publication. Sergeant Knutson presented the police report. .The Store Director, Russ VanDerWerff, and Bill Gates, Loss Prevention District Supervisor, addressed the Council regarding their company's policies and the precautions they have implemented to prevent the sale of alcohol and tobacco to minors. There were no questions or comments. 07.76 Motion was made and seconded to close the public hearing. Roll call was taken on the motion. Ayes, unanimous. 07.77 Motion was made and seconded to grant an off-sale 3.2% malt liquor license to Supervalu, Inc. for Cub Foods, 20250 Heritage Drive. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2007 Page 7 Roll. call was taken on the motion. Ayes, unanimous. Item 11 -Dakota County 2008-2012 Capital Improvement Program Mr. Nelson stated Dakota County has completed its .draft of the 2008-2012 Capital Improvement Program (CIP) and is requesting all cities formally adopt a resolution., supporting. their respective projects with intent to finance their share of the costs. Proposed projects include the .County Road 70 bridge and interchange, which is programmed for 2008-2009, .Dodd Boulevard from 194th Street to Hayes Avenue, County Road 50 from Jubilee Way through the intersection of 185th Street, and County Road 60 (185t" Street) from Orchard Trail to Ipava Avenue. Mr. Nelson explained that the Dodd Boulevard improvement will be funded 55% by the County and 45% by the City. Dakota County previously applied for federal funding for this roadway, but was unsuccessful. The County is currently applying. for federal funding for the County Road 50 and .County Road. 60 improvements,. which would cover 80% of the project cost, with the remaining 20% to be funded 55% by the County and 45% by the .City. The Finance Director presented a summary of Lakeville's proposed financial. obligations to the County's five-year CIP. Based on the proposed - costs for six major County road improvements affecting Lakeville; the City's share is approximately $12 million. The City's objective, he explained, is to utilize non-tax revenue sources to the extent reasonably possible and minimize the utilization of city property taxes. Mr. Feller presented funding options, which include Municipal State Aid Street Allotments (sales tax from motor vehicle sales), Municipal State Aid a Street Bonds, Escrows, MnDOT Grants and Street Reconstruction Bonds. He explained that street reconstruction bonds are repaid with property tax levies. Based on the proposed 5-year CIP, the annual tax impact on a $300,000 home would be $33, cumulative, by the year 2012. Council Member Swecker asked if the County would proceed with improvements to County Roads 23, 50 and 60 if they are not successful in obtaining Federal funding. Mr. Nelson stated they most likely would not. Council Member Wulff voiced .her. opposition to ..the. County's 55/45 funding formula for County road improvements. She stated she is CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 15, 2007 Page 8 opposed to utilizing Municipal State Aid (MSA} funds and local property taxes to pay for County .road improvements, when the City .should be utilizing those funds fore local road improvements. She stated she supports the County Road 70 interchange and Dodd Road improvements, utilizing MSA funds. However, she stated she cannot support the County Road 50 .and County 60 projects. utilizing city property taxes. She stated that unless the County is willing to reconsider its 55/45 funding formula, she cannot support their proposed five-year CIP. 07.78 Motion was made and seconded to approve Resolution No. 07-176 supporting the Dakota County 2008-2012 Capital Improvement Program. .Roll call was taken on the motion. Ayes, Dahl, Swecker and Rieb. Nays, Wulff and Bellows. Mr. Mielke stated he has. expressed the concerns raised by Council Member Wulff to .the County Engineer and will continue. to work with the County. in an attempt to convince the County Board to change their funding formula. He pointed out that the County's CIP comes before the City Council every year and .will come back before the Council .prior to either the Coun#y Road 50 or County Road 60 projects proceeding. New Business -None Announcements - October 20 -Rain Garden planting between City Hall and Heritage Library October 20 -Haunted Forest Festival October 27 -Dakota Communications Center dedication and open house November 1 Ot" and l 1 rn -Free public skating at Hasse Arena Mayor Dahl adjourned the meeting at 8:10 p.m. Res ectfully submitted, Charlene Friedges, t Clerk Holly Da I, M yor