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HomeMy WebLinkAbout01-04-99 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 4,1999 Mayor Zaun 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, Holberg and 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; Lieutenant Style; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. ITEM 3 The minutes of the December 14, 1998 Special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson presented a report regarding odd/even-numbered election years. In response to comments by a citizen at the December 7th and December 21St Council meetings, the City Council directed the City Attorney's office to research and provide background information regarding the possible change of city elections from odd-numbered years to even-numbered years. Mayor Zaun stated the City Council could discuss this matter under Unfinished Business. ENGINEER: None ADMINISTRATOR: Mr. Erickson provided copies of applications for advisory committee vacancies. DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk was not .present due to illness. PRESENTATIONS/INTRODUCTIONS The City Engineer introduced Environmental Resources Coordinator Tim Brown. The Community & Economic Development Director introduced Rita Erpelding, Economic Development Coordinator. CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 2 Several DECA members from Lakeville High School requested the City Council proclaim the week of January 3-9 as Free Enterprise Week in Lakeville. Mayor Zaun read the proclamation. 99.01 Motion was made by Ryan, seconded by Mulvihill to proclaim the week of January 3-9, 1999 Free Enterprise Week in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Council members presented plaques to advisory committee members Dennis Miller, Kevin Ilia, Joan Krejci, Barbara Wanner and Dick Cecchini, who have either resigned or did not seek reappointment. Mayor Zaun presented a plaque to David Licht of Northwest Associated Consultants. Mr. Licht served as the City's planning consultant for the past 25 years. Mayor Zaun presented a plaque to Council Member Mary Liz Holberg in recognition of her service to the City of Lakeville. Council Member Holberg will resign from the City Council this evening, as she will begin her term as State Representative of District 37B on January Sth. The City Administrator and staff members presented various tokens of appreciation to Ms. Holberg. CITIZENS' COMMENTS Mr. Don Gordhamer, 16965 Kenmore Drive, read an E-mail that he sent to the St. Paul Pioneer Press, South Suburban Edition, regarding an article that the newspaper recently printed regarding the Lakeville City Council and staff. In his E-mail, he stated he felt the article was inaccurate and intentionally slanted. (Copy of E-mail and newspaper article on file in the City Clerk's office.) CONSENT AGENDA Council members removed items 7f, 7k, 71, and 7q from the consent agenda. 99.02 Motion was made by Ryan, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the December 15~` Environmental Affairs Committee and the December 16~' Parks & Recreation Committee meetings. c. Resolutions No. 99-01 and 99-02 accepting donations from ARMAC Computer, Inc. and Lakeville Restaurant & Spirits, Inc. to the Canine and DARE programs. CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 3 d. Resolutions No. 99-03 and 99-04 accepting donations from VFW Post 210 and Pulte Homes of Minnesota to the .Parks & Recreation Department. e. .Trunk sanitary sewer, water main and storm sewer credits for Orchard Hills 1st Addition. f. (Removed from consent agenda). g. Resolution No. 99-06 approving a gambling permit for Lakeville Fastpitch Softball Association. h. Resolution No. 99-07 approving a gambling permit for Minnesota Waterfowl Association, Dakota Great Swamp Chapter. i. Cigarette license for Big Mike Tobacco, 11276 - 210th Street West. j. Resolution No. 99-08 establishing rules and rental fees for the use of City park facilities, buildings and properties. k. (Removed from consent agenda). L (Removed from consent agenda). m. Resolution No. 99-09 approving plans and specifications and settin a bid g date for Lakeville Ames Arena Phase IL n. Resolution No. 99-10 adopting non-exempt liquor stores position salary structure.. o. Labor Agreements with Law Enforcement Labor Services, Inc. Employee's Union Locals No. 128 and 129, Essential Employees, 1999- 2000. p. Appointment. of Brian Hanson, Countryview Mobile Home Community Manager, to the Snowmobile Task Force. q. (Removed from consent agenda). Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 7F Council Member Ryan asked if the plan deposits would be refunded to those contractors who submitted bids. Mr. Nelson stated that Barr Engineering has indicated a willingness to refund the plan deposits if requested. CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 4 99.03 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 99- 05 rejecting bids and authorizing re-bidding for rehabilitation of Lift Stations 6, 11 and 12, Improvement Project 98-12. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 7L 99.04 Motion was made by Mulvihill, seconded by Sindt to renew tree service operator licenses for 1999. Roll call was taken on the motion. Ayes, Mulvihill, Ryan, Zaun, Sindt. Holberg abstained due to a possible conflict of interest. ITEM 8 Mr. Erickson stated that consistent with the direction given to staff by the City Council to look at alternatives for designation of the 19991egal newspaper and publication of the Messages page, staff has prepared a detailed analysis of the proposals received from the Life & Times and Thisweek News. However, according to the City Attorney's legal opinion,. Minnesota Statutes 331A.04 S indicates that when a newspaper's principal office is in the city, it must be selected over a newspaper that has no such office. Since the law gives priority to a newspaper that maintains its main office in the community, staff recommends the City Council select the Life & Times as its legal newspaper for 1999. Council Member Holberg asked about the time-line for delivering information via E-mail. Mr. Erickson stated this is being discussed and could be accomplished in about a year. Council Member Ryan asked if this item should be tabled, since the proposal. from the Minnesota Sun Publications was not received in time for a detailed analysis. Mr. Knutson stated that since the Minnesota Sun Publications does not have an office in the city, it cannot be considered for designation as the legal newspaper. Council Member Ryan asked if any consideration was given to contacting the competing newspapers to offer along-term contract if they were to locate an office in Lakeville. Mr. Erickson stated it was felt that since the newspaper editors are all aware of the statute, it would be in their best interest to establish an office in Lakeville. Council Member Sindt pointed out that the Minnesota Sun Publications no longer has an office in Dakota County. CITY COUNCIL, MEETING MINUTES JANUARY 4, 1999 PAGE 5 • 99.05 Motion was made by Sindt, seconded by Mulvihill to designate the Lakeville Life & Times as the Official City Newspaper for .1999. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. Council Member Sindt suggested that Item No. 12 be considered at this time. ITEM 12 Dakota County Commissioner Paul Krause presented a proposal to pursue a study on the. future need and feasibility of a regional commuter rail transit system, using existing CP rail line.. He asked for support by the City of Lakeville to continue to study this future transportation system for Dakota County. Mr. Will Branning, Dakota County delegate to the Commuter Rail Task Force, asked the City Council to support. further evaluation and study of the proposed corridor, including an environmental assessment concerning the potential of commuter rail service within the existing Canadian Pacific Railroad Corridor. He explained that the Task Force will be presenting a Phase II Study to the State Legislature in about two weeks and is seeking City support. County Commissioner Mike Turner spoke on behalf of the 35W Solutions i Alliance. He explained that there are no plans for expansion of 35W in the foreseeable future beyond what is akeady planned. The 35W Solutions Alliance is looking for alternative means of transportation for the citizens of Dakota County and supports the study of commuter rail. He emphasized that the Alliance does not endorse commuter rail, nor are they asking for the City's endorsement at this tune. Council Member Holberg stated she feels it is important to explore options for future transportation. She. asked if there is a proposed budget at this time for commuter rail. Mr. Branning stated there is no up front money at this point, The task force would like to ask for appropriations from the State Legislature. Council Member Holberg suggested the City of Lakeville identify key issues and concerns for this community in order for the Council to make a decision on the study of commuter rail. Council Member Mulvihill stated she supports proceeding with a task force to study the issue. Council Member Ryan asked why people would choose commuter rail over a bus and why they would. chose either one over their own car. He stated he feels people want to use their cars as much as they possibly can, and he feels that is the most efficient wayto get around. Commissioners Turner and Krause emphasized planning for future transportation systems, (20 to 25 years from now), particularly CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 6 if the population of Dakota County continues to grow at a rapid rate. Looking at the Metro Council's Regional Blueprint, there are no projected funds outside of Interstate 494 for major highway improvements. They explained that a commuter rail system would link with other transportation systems such as bus, light rail, etc. Mayor Zaun stated that his understanding of what is being asked of the Council is whether commuter rail makes sense for a growing community 20 to 25 years from now. He stated he feels that to abandon something that is of great potential use in a community would be detrimental to future residents and businesses. He stated he would support the study and suggested asking the residents of Lakeville how they feel about commuter rail in the upcoming community survey. Council Member Sindt stated she could support the study. Mr. Erickson stated that if the Council so chooses, staff could prepare a resolution in support of further study of alternatives .for commuter rail. service. The Council could hold an open house/informational meeting prior to the next City Council meeting so that residents have an opportunity to express their view points. The Council could then consider the resolution at its January 19th regular meeting. 99.06 Motion was made by Sindt, seconded by Mulvihill to direct staff to prepare a S resolution in support of further study of alternatives for commuter rail, to be considered by the City Council at its January 19th meeting; and to direct staff to hold a public open house/informational meeting prior to the January 19th Council meeting to allow residents an opportunity to express their view points on the issue of commuter rail Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nay, Ryan. Council Member Ryan stated he feels this is a giant step backward, as he cannot imagine commuter trains running through people's back yards. ITEM 9 99.07 Motion was made by Holberg, seconded by Mulvihill to appoint Betty Sindt Acting Mayor for 1999. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Holberg, Ryan. Sindt abstained. ITEM10 99.08 Motion was made by Sindt, seconded by Ryan to hold a City Council retreat at either City Hall or the Water Treatment Facility on February 26-27, 1999, CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 7 • beginning at 6:30 p.m. on Friday evening and continuing on Saturday from 8 a.m. to 2 p.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ryan, Zaun. Holberg abstained. ITEM 11 99.09 Motion was made by Sindt, seconded by Mulvihill to hold a Council work session on January 12, 1999, from 5:00 to 6:30 p.m. to interview applicants for advisory committee vacancies. Roll call was taken on the motion. Ayes, Mulvihill, Ryan, Zaun, Sindt. Holberg abstained. 99.10 Motion was made by Mulvihill, seconded by Sindt to hold a Council work session on January 21, 1999, from 4:30 to 6:30 p.m. to complete the advisory committee applicant interviews. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill. Holberg abstained. ITEM 7K Council Member Ryan asked if the sealcoating portion of the Joint Powers Agreement could be listed as a separate bid item, in the event the City Council would elect to discontinue sealcoating. He reiterated his previous opposition to sealcoating and his feeling that the money should be put toward overlays instead. Council Member Holberg stated it was previously agreed by a majority of the City Council to complete the current sealcoating cycle prior to making a policy decision on pavement management. 99.11 1Vlotion was made by Holberg, seconded by Sindt to approve a Joint Powers Agreement for 1999 traffic markings, street sweeping, crack sealing and seal coating with the cities of Burnsville, Apple Valley, Eagan, Rosemount, Savage, Prior. Lake and Shakopee. Roll. call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nay, Ryan. ITEM 7Q Council Member Ryanquestioned the need to spend $307,000 for an emergency generator at the water treatment facility, which includes $140,000 to make the . plant generator-ready... He stated he had wanted staff to explore other options, CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 8 including the possibility of going to a power outage arrangement for the water treatment facility. He stated he felt the wells could be backed up with portable generators. Mr. Feller explained. that the number one purpose of the generator is to supply water to residents during an emergency. Mr. Nelson explained that there are six wells that pump water into the water treatment facility's ground storage reservoir. The water is then pumped to the elevated tanks. If power is lost at the water treatment facility, the only water available to residents is what is stored in the elevated tanks. He pointed out that during prime usage, the wells pump 24 hours a day to keep up with demand. Mr. Erickson stated he discussed thepower outage option with Dakota Electric; however, that option would not back up the SCADA system, and the City would not have access to the 2 million gallons of water in underground storage. He pointed out that some of the City's wells are on the Dakota Electric system, and some are on the NSP system. He explained that the generator had been part of the facility's original plans and specifications. However, it was removed. because staff wanted to accurately measure and evaluate the power consumption required to operate the facility in order to determine the proper size of the generator. 99.12 Motion was made by Sindt, seconded by Holberg to approve a Construction . Management/BngineeringRgreement with Dakota Energy Alternatives, Inc. for an emergency generator at the Water Treatment Facility. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nay, Ryan. Council Member Ryan stated in his opinion, this should not be labeled as an emergency generator. He felt thatthe majority of the generator's usage would be to run the water treatment facility. A generator to run the SCADA system and one well would be much smaller than this one. ITEM 13 Council Member Holberg announced her resignation from the City Council. Ms. Holberg will begin her term as State Representative of District 37B on January Sth. 99.13 Motion was made by Sindt, seconded by Mulvihill to accept the resignation of Council Member Mary Liz Holberg. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ryan, Zaun. CITY COUNCIL MEETING MINUTES JANUARY 4, 1999 PAGE 9 ITEM 14 Mayor Zaun administered the oath of office to appointed Council Member David Luick. UNFINISHED/NEW BUSINESS: The City Council briefly discussed. the report submitted by the City Attorney regarding odd/even-numbered election years. It was decided that this matter should be discussed at an upcoming work session or at the Council retreat. ANNOUNCEMENTS: Next regular Council meeting, Tues., January 19, 1999 Mayor Zaun adjourned the meeting at 9:50 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk D e Zaun, Mayo •