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HomeMy WebLinkAbout01-19-99 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19,1999 Acting Mayor Sindt 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 Ryan, Sindt, Mulvihill and Luick. Absent: 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. Martens, Police Chief; D. Volk, Director of Operations & Maintenance; J. Iiennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the December 21, 1998 and January 4, 1999 City Council meetings were approved as presented. STAFF ANNOUNCEMENTS . ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the December monthly report of the Operations & Maintenance Department. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the December Parks & Recreation Department monthly report. Mr. Michaud also provided some maintenance statistics of the Parks & Recreation Department from the previous year. PRESENTATIONS/INTRODUCTIONS: There were none. CITIZENS' COMMENTS: There were none. CONSENT AGENDA Council members removed items 7a, 7e and 7j from the consent agenda. Council members added item 10 to the consent agenda. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1999 PAGE 2 99.14 Motion was made by Ryan, seconded by Mulvihill to approve the consent agenda items as follows: a. (Removed from consent agenda). b. Receive minutes of the following advisory committee meetings: Planning Commission, January 7, 1999 Parks & Recreation Committee, January 6, 1999 Cable Board, November 10, 1998 and January 12, 1999 c Final acceptance of utility and street improvements, Raven Lake Second Addition. d. Final acceptance of street improvements, Paradise Hills. e. (Removed from consent agenda). Reimbursement for 179th Trail improvements, Lake Villa Golf Estates Stn Addition. g Resolution No. 99-11 accepting donation from Snyder Drug to the DARE Program. h. Agreement with AT&T for translation services. i. Resolution No. 99-12 authorizing establishment of a Criminal Apprehension Checking Account. j. (Removed from consent agenda). k. Resolution No. 99-13 adopting the 1999 Schedule of Fees. L Resolution No. 99-14 amending the utility certification administrative service charge and amending Resolution No. 98-62 and Resolution No. 98-213. m. Contract with Dakota County for 1999 Sentence to Service program. n. Confirm the appointment of Planning Commission Chair, Karl Drotning. o. Accept Grant of Permanent Easement from. Budget Oil Company, Improvement Project 94-13. CITY OF LAKEVILLE COUNCIL MEETING 7ANUARY 19, 1999 PAGE 3 p. Second Amendment to Lease Agreement with Budget Oil Company for Liquor Store No. L q. Agreement with Schiffelly Puppets for Puppeteering Services. r. Armored Transportation Agreement with American Security Corporation. s. Resolution No. 99-15 authorizing execution of Grant Agreement with Minnesota Department of Public Safety for automated external defibrillators. 10. Receive Planning Commission's Findings of Fact and Recommendation and approve a Special Home Occupation Permit to allow the operation of a photography studio at 16320 Javari Court. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Luick. ITEMS 7A, 7E 99.15 Motion was made by Luick, seconded by Mulvihill to approve the following: a. Claims for payment S e. Reimbursement for Heritage Drive improvements and reimbursement for trunk storm sewer improvements,. Heritage Square Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick. Ryan abstained due to a possible conflict of interest. ITEM 7J 99.16 Motion was made by Ryan, seconded by Mulvihill to appoint-David Luick to the Lakeville Housing and Redevelopment Authority. Roll call was taken on the motion. Ayes, Mulvihill, Ryan, Sindt. Luick abstained. ITEM 8 Chief Martens presented the Lakeville Police Department Policy and Standards Manual. Sergeant Steve Strachan provided an overview on the content and structure of the Manual. He provided an outline as follows: Purpose: How We Do Business • Not restrictive and bureaucratic . ~ Supportive and professional CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1999 PAGE 4 Assumptions • We hire good people • We trust them Mission Statement/Core Values • Not empty words • Tied to every policy Policy Formulation • Community oriented policing • Matrix (frequencylrisk) • Post mandated policies "Living Document" • Ahead of the curve Council Member Mulvihill, who served on the City Council Police Committee, reflected on how the Police Department policies have changed over the past 20 years. She complimented the Police Department on awell-written document. Mary Liz Holberg, who was also a member of the Police Committee, stated she feels this document reflects the high quality of the Lakeville Police Department. As stated in Chief Martens' memo, she stated the Manual encourages officers to, `Be Safe and Do the Right Thing". Council Member Ryan stated he was impressed with the wording of the mission statement. Council Member Luick stated he was extremely impressed with the document and all the scrutiny it received by various members of the Police Department. 99.17. Motion was made by Ryan, seconded by Mulvihill to receive and approve the Lakeville Police Department Policy and Procedures Manual and authorize the Chief of Police to make appropriate amendments as necessary. Roll call was taken on the motion. Ayes, Luick, Ryan, Sindt, Mulvihill. ITEM 9 Mr: Michaud presented a proposed ordinance amending Title 7 of the City Code concerning water surface usage on Lake Marion. He indicated that after an in- depth review by the City Council, the draft ordinance was forwarded to the Department of Natural Resources (DNR) for review. The DNR recommended CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1999 PAGE 5 that the ordinance refer only to 983.6 feet as the point where the no-wake restriction would become effective. They asked that the City eliminate the reference to the gauge on the Lake Marion fishing bridge. The DNR also suggested that the City add a time period of three to five days before the no-wake restriction is put into place or removed. 1VIr. Michaud stated staff is recommending that the no-wake restriction be implemented immediately when the lake level reaches 983.6 feet. As suggested by the DNR, staff is recommending that water levels remain below 983.6 feet for three consecutive days before the no-wake zone is lifted. Council Member Ryan asked if staff received any comments from residents regarding the proposed ordinance amendment since the November 16th Council meeting. Mr. Michaud stated no phone calls or letters had been received. 99.18 Motion was made by Mulvihill, seconded by Luick to adopt Ordinance No. 643 amending Title 7 of the Lakeville City Code concerning water surface usage, regulating operation of watercraft on Lake Marion, making permanent Emergency Ordinance No. 605. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Luick. • ITEM 11 Mr. Erickson stated an informational open house was held this evening from 5:00 to 6:30' pm. to allow residents an opportunity to learn more about the proposed study for commuter rail service in the City of Lakeville. He stated the open house was: well attended and proved to be an educational process involving presentations by representatives of Dakota County and MnDOT. Staff has drafted a resolution that was tailored to Lakeville with regard to growth and the City Council's previous position regarding use of the CP Railway. The resolution requests that the City of Lakeville have representation on any committees formed to complete studies on the CP Rail corridor. Council: Member Ryan stated that he drove the CP Rail corridor today, which runs from the Orchard Lake area past Kenwood Trail Jr. High, McGuire Jr. High and up to Gounty Road 70. He stated he is convinced that this is not a positive step for Lakeville, having commuter trains running near schools and in direct conflict with motor vehicles. He stated he would like to see this corridor abandoned. He stated he would possibly look at another corridor for commuter rail, one that would not be in direct conflict with the lifestyles of Lakeville residents. He pointed out that the proposed resolution refers only to studying the CP Rail corridor. Council Member Luick agreed there are situations that would need to be addressed, which is part of the proposed study. He stated he commutes to CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1999 PAGE 6 downtown Minneapolis and can appreciate the opportunity for an improvement to the transportation system. He pointed out that the downtown metropolitan area has exceeded the ozone emission level twice last year due to automobile usage. He stated he feels the City would be shortsighted not to endorse this study, considering environmental and public safety issues. Council Member Mulvihill stated she feels the City has no choice but to evaluate this means of transportation. She pointed out that the City has no control over abandonment of the railroad. She felt that if commuter rail is going to be studied, someone. needs to be at the table to represent Lakeville. Council Member Sindt stated she feels the City needs to be part of the process in deciding what will happen. to the railroad line. Mr. Erickson stated Lakeville residents will be asked for their opinions on this issue in the upcoming community survey. 99.19 Motion-was made by Mulvihill, seconded by Luick to receive correspondence from Thomas. Walkington, 16555 Klamath Terrace, and Theresa Johnson, 19555 Jasper Terrace, regarding commuter rail. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan. 99.20 Motion was made by Mulvihill, seconded by Luick to approve Resolution No. 99- 16 supporting study of the Canadian Pacific Railroad corridor to Minneapolis from Northfield through Lakeville for commuter rail service. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Sindt. Nay, Ryan. UNFINISHED BUSINESS: None NEW BUSINESS Council Member Luick stated. that when he applied for the opening on the City Council, he was asked to list property ownership andlor business interests in the community. He asked if other Council members would be willing to voluntarily disclose their property ownership and business. interests to satisfy recent allegations by the media. Council MemberRyan suggested the City Attorney draft a form that Council members could fill out and sign. Mr. Knutson stated this effort would have to be voluntary, since Lakeville's population is under 50,000, and State Statute does not require disclosure. He stated he could provide the form that is used by cities with over 50,000 population. Council Member Luick asked that the form also be given to senior staff members. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 19, 1999 PAGE 7 99.21 Motion was made by Luick, seconded by Mulvihill to direct the City Attorney to develop and provide copies of a Statement of Economic Disclosure to City Council and senior staff members. - Roll call was taken on the motion. Ayes, Luick, Ryan, Sindt, Mulvihill ANNOUNCEMENTS: Next regular Council meeting, February 1, 1999 Council work session, January 21, 1999 The meeting was adjourned at 8:33 p.m. Respectfully submitted, .Charlene Friedges, City Cl k Be Si Acting Mayor