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CITY Of LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Mayor Johnson 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, Wulff, Rieb, Luick
and Mayor Johnson.
Also present: S. Mielke, City Administrator; R. Knutson, City Attorney; K.
Nelson, City Engineer;, D. Feller, Finance Director; D. Olson, Community &
Economic Development Director; D. Morey, Planning Director; T. Vonhof,
Interim Police Chief; K. Nelson, City Engineer; S. Michaud, Parks and
..Recreation Director; D. Volk, Director of Operations & Maintenance; B.
Anderson, Assistant to City Administrator; G Friedges, City Clerk.
MINUTES
The minutes of the September 18, 2006 City Council meeting and the
August 28, 2006 Council work session were approved as presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
CITY ADMINISTRATOR: Mr. Mielke explained that Change Order No. 6 for
the Central Maintenance Facility has been verbally approved by the
contractor, although it has not been signed by the contractor. In the
event the contractor does not concur with the changes as .proposed and
does not execute the change order, it will be brought. back to the City
Council at a future meeting for further consideration.
DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the
September monthly report. of the Operations & Maintenance Department.
PRESENTATIONS/INTRODUCTIONS None
CITIZENS' COMMENTS None
CONSENT AGENDA
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Page 2
06.76 Motion was made and seconded to approve the consent agenda items as
follows:
a. Claims for payment.
b. Receive minutes of the September 20, 2006 Lakeville Arenas Board
meeting.
c. Resolution No. 06-150 appointing election judges for the November
7, 2006 General Election.
d. Resolution No. 06-151: supporting Dakota County's 2007-2011
Capital Improvement Program.
e. Final acceptance of public utilities in Zweber Farm 10t" Addition.
f. Resolution No. 06-152 authorizing submittal of a grant application
to the Minnesota DNR Fishing Pier Program.
g. Resolution No. 06-153 accepting donation from the U.S.
Department of Justice to the Police Department.
h. Resolution No. 06-154 calling a public hearing on proposed
assessments for weed and grass removal
i. Resolution No. 06-155 authorizing the sale of vehicles.
j. Agreement between the Dakota Communications Center and the
City of Lakeville for financial management services.
k. Third Amendment to Site Lease Agreement between Cingular
Wireless and the City of Lakeville.
L Resolution No. 06-156 vacating public drainage and utility
easements at 17465 and 17489 Kodiak Avenue.
m. Set a Council work session to be held on October 23, 2006, at 4:30
p.m.
n. Authorize the Police Department Building Committee and. WOLD
Architects and Engineers to proceed into the. design/development
phase of the new Lakeville Police Station.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Page 3
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o. Gambling permit for American Legion Post 44 to host bingo events
at the Lakeville VFW on November 18 and December 2, 2006.
p. Resolution No. 06-157. authorizing Lakeville's participation. in
Dakota County's Bioscience Zone Application to the Minnesota
Department of Employment and Economic Development.
q. Change Order No. 6 for Central Maintenance Facility.
r. Gambling permit for I<idforce (Christina Huddleston Elementary
School) for bingo on November 17, 2006.
Roll call was taken on the motion. Ayes, unanimous.
Item 8
Finance Director Dennis Feller presented a proposed resolution authorizing
the issuance and sale of $1,585,000 General Obligation Equipment
Certificates of Indebtedness. He explained that equipment certificates of
indebtedness are general obligations of the City repaid with property taxes
to be levied in the years 2007 through 2010. The equipment certificates
of indebtedness are used to finance equipment acquisitions for the police,
fire, streets and parks departments. Bids were .opened in the Springsted
office at noon today.
David McGillvray of Springsted presented the bid results. He stated that
eight firms submitted bids, with the lowest and best bid from Raymond
James & Associates at 3.6203% (true interest rate). Springsted estimated
an interest rate of 4%. He recommended the City Council award the bid
to Raymond James & Associates.
06.77 Motion was made and seconded to approve Resolution No. 06-158
authorizing issuance, awarding sale, prescribing the form and details and
providing for the payment of $1,585,000 General Obligation Equipment
Certificates of Indebtedness, Series 2006A.
Roll call was taken. on the motion. Ayes, unanimous.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Page 4
Item 9
Mayor Johnson opened the public hearing on the certification of
delinquent utility bills to the County Treasurer-Auditor. The city clerk
attested to legal notice publication.
Finance Director Dennis Feller 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. He presented a revised list of delinquent
accounts for a total assessment of $112,640.10.
No were no questions or comments from the Council or members of the
audience.
06..78 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.
06.79 Motion was made and seconded to approve Resolution No. 06-159
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.
Item 10
Mayor Johnson opened the public hearing on the issuance of an on-sale
3.2% malt liquor and wine license to Rocky's Bar and Grill, 8275 West
210"' Street. The city clerk attested to legal notice publication.
Sergeant Knutson presented the 3.2% malt liquor and wine license
application for Rocky's Bar & Grill, which is proposed to be located in the
former Lakeville Family Restaurant building. He indicated that the
application is complete, and background investigations were conducted on
the applicants, Carmen Jo Lee and Roland Ihnen, Jr. He indicated that
these investigations raised no concerns that would prohibit this..
establishment from receiving a 3.2% malt liquor and wine license.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Page 5
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Mr. Ihnen (Rocky) stated he has about 40 years of experience in the
restaurant business. He stated Rocky's Bar & Grill will provide a family
oriented atmosphere in a smoke free environment. The restaurant will
include a game room and TV's. They plan to open on approximately
November 1St
There were no questions or comments from the Council or members of
the audience.
06.80 Motion was made and seconded to close the public hearing on the
issuance of an on-sale 3.2% malt liquor and wine license to Rocky's Bar
and Grill.
Roll call was taken on the motion. Aye, unanimous.
06.81 .Motion was made and seconded to grant on on-sale 3.2% malt liquor and
wine license to Rocky's Bar and Grill, 8275 West 210t" Street.
Roll call was taken on the motion. Ayes, unanimous.
• Item 11
Don Korba, Korba's Auto Body, requested Council approval of arr
amendment. to the Planned Unit Development Permit Agreement for Lot 1,
Block 1, Airlake Development Fifth Addition. He explained that he plans to
move his auto body business from the South Metro Rental building on
202nd Street to the Dick's Sanitation properly on 215t" Street.
Planning Director Daryl Morey .presented the site plan for the Dick's
Sanitation property. Korba's Auto .Body is proposing to occupy a section
of the northwesterly building that was constructed in .1971. The proposed
addition of Korba's Auto Body will not require exterior modifications to the
existing building and meets all standards of the zoning ordinance. Mr.
Morey. pointed out that the stipulations of the original Planned Unit
Development will remain in full force. The Planning Commission held a
public hearing and unanimously recommended approval subject to eight
stipulations listed in the August 31, 2006 planning report.
06.82 Motion was made and seconded to receive the Planning Commission's
Findings of Fact and Recommendation and approve a Planned Unit
Development Permit Agreement for Lot 1, Block 1, Airlake Development
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Page 6
Fifth Addition, which is now replatted as Lot 1, Block 1, Clemmer First
Addition.
Roll call was taken on the motion. Ayes, unanimous.
Item 12
Sharon Allen requested Council approval of the preliminary plat of Morgan
Square Third Addition, which consists of 35 townhomes on 39 lots,
including one outlot, on 6.73 acres of land located along Keystone Avenue
south of 205t" Street.
Mr. Morey presented the planning report for, Morgan Square Third
Addition, which. is the third and final phase of the Morgan Square
development approved in 2002. The property is currently zoned Planned
Unit Development, with an underlying zoning of RM-1, Medium Density
Residential District.
Mr. Morey explained that when this development was originally proposed,
it was anticipated that Keystone Avenue would be a collector street, thus
requiring additional right of way. The developer asked for reduced guest.
parking setbacks to accommodate the additional collector street right of
way, and the City zoned the property PUD to accommodate the reduced
setback. Since that time, the RM-1 guest parking setback requirements
have been revised, and the new RM-1 standards match those that were
permitted under the Morgan Square PUD.
Consistent with the proposed I-35/County Road 70 interchange design,
Z07t" Street will extend south to 210t" Street (CSAH 70) when the vacant
property to the south develops. Keystone Avenue will connect to 207t"
Street, thus the minor collector status for Keystone Avenue has been
reduced.
The Planning Commission held a public hearing and unanimously
recommended approval subject to nine stipulations listed in the July 27,
2006 planning report.
06.83 Motion was made and seconded to approve the preliminary plat of Morgan
Square Third Addition.
Roll call was taken on the motion. Ayes, unanimous.
CITY OF LAKEVILLE COUNCIL MEETING
OCTOBER 2, 2006
Page 7
Item 13
06.84 Motion was made and seconded to hold a special Council meeting on
Wednesday, November 8, 2006, at 4:30 p.m. to canvass the results of the
November 7, 2006 City Election.
Roll call was taken on the motion. Ayes, unanimous.
Mayor Johnson adjourned the meeting at 7:40 p.m.
Respectfully submitted,
Charlene Frie ges, i Clerk
Robert D. Johnso ,Mayor