Loading...
HomeMy WebLinkAbout07-20-98 CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 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; D. Martens, Chief of Police; D. Volk, Director of .Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the July 6, 1998 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a correction on the cover memo for consent agenda Item 71. DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the June monthly report of the Operations & Maintenance Department. PARKS & RECREATION DIRECTOR: Steve Michaud presented the June Parks & Recreation Department monthly report. CHIEF OF POLICE: Chief Martenspresented the June Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Martens asked the City Council to proclaim National Night Out. • CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 2 98.172 Motion was made by Sindt, seconded by Mulvihill to proclaim August 4, 1998 as "National Night Out" in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Chief Martens introduced Julie Sundem, Police Department Receptionist. Mayor Zaun presented a certificate of appreciation to Tom Hilla for community service. Mike Sobota, .Community & Economic Development Director, recognized David Krings, who recently resigned his position as Chief Building. Official. Mayor Zaun presented an appreciation plaque to Mr. Krings. Mayor Zaun read a letter from the mayor of Burnsville thanking Lakeville City staff for assisting the City of Burnsville in the recent storm cleanup. CITIZENS' COMMENTS John Boland, 10241 - 205" Street West, stated his mother received a letter from Dakota County regarding tax forfeiture land that she is being given an opportunity to purchase. He stated that according to County officials, the letter was sent at the direction of Finance Director Dennis Feller. Mr. Boland questioned the time frame and process of notifying residents about tax forfeit property. Mayor Zaun suggested that Mr. Boland discuss his questions and concerns with Mr. Feller. CONSENT AGENDA .Council Member Ryan asked that Items 7a, 7e and 7g be removed from. the consent agenda. Council Members added Item 13 to the consent agenda. 98.173 Motion was made by Holberg, seconded by Sindt to approve the consent agenda items as follows: a. (Removed from consent agenda) b. June Investment Report c. Receive minutes of the July 16, 1998 Airlake Airport Advisory Commission meeting. • CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 3 d. Work Program by Northwest Associated Consultants for a single family zoning district study. e. (Removed from consent agenda) f. Settlement with Dakota County for County Road 5 reconstruction, Parcels 8, 9 and 14, Improvement Project 97-7. g. (Removed from consent agenda) h. Final acceptance of improvements and final payment to E.H. Renner & Sons for Well No. 12, ImprovementProject 96-10A. i. Tree service operator license for Roggenbuck Tree Service. j. Resolution No. 98-145 .approving a gambling permit for Lakeville Sno Trackers. k. Equipment Lease between City of Lakeville and Dakota County for Lakeville Licensing Center. I. Resolution No. 98-146 adopting the position classification and pay • plan for exempt and non-exempt positions and setting forth the policy for administration of the pay plan; and authorizing the firm of Riley, bettman & Kelsey to conduct, prepare and submit a compensation survey per the proposal dated May 21, 1998. m. Resolution No. 98-147 adopting the non-exempt liquor stores' positions salary structure. n. Resolution No. 98-148 requesting Dakota County to program the upgrading of CSAH 9 (Dodd Boulevard) between CSAH 60 (185" Street) and CSAH 50 (202"d Street). for the year 2003. o. Agreement with Minnesota DNR to provide materials for and jointly make improvements to the boat launch at Orchard Lake Park. p. .Agreement with Minnesota DNR to accept grant funds under the Symms National Recreational Trails Fund Act of 1991 to construct the Klamath Trail multi-purpose trail way connection. q. Resolution No. 98-149 requesting a street name change for a portion of Orchard Trail CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 4 r. Resolution No. 98-150 amending the 1998 General Fund Budget and the 1998 Motor Vehicle Fund Budget. s. Lake Marion Eurasian Water Milfoil Management Plana 13. Resolution No. 98-151 appointing Advisory Board members for Special Service District No. 1. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEMS 7A, 7G 98.174 Motion was made by Holberg, seconded by Sindt to approve (a) claims for payment; and (b) acceptance of improvements and final payment to Rosti Construction for Klamath Trail, Improvement Project 96-9. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Zaun. Ryan abstained due to a possible conflict of interest. ITEM 8 • Finance Director Dennis Feller introduced David Mol of Tautges, Redpath & Co., Ltd., Certified Public Accountants. Mr. Mol presented the 1997 ALF Ambulance Annual Financial Report. He stated, "In our opinion,. the aforementioned financial statements present fairly, in all material respects, the financial position of ALF Ambulance." 98.175 Motion was made by Sindt, seconded by Mulvihill to receive the ALF Ambulance Annual Financial Report for the year ended December 31, 1997. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 9 98.176 Motion was made by Sindt, seconded by Holberg to table consideration of the Greenridge final plat. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill • CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 5 ITEM 10 Don Volk, Director of Operations & Maintenance, presented a speed zone study prepared by the Minnesota Department of Transportation for 205th Street from Kenrick Avenue to Dodd Boulevard. The study indicates that speeds did not significantly change after the. trail and crosswalks were installed along 205th Street. Approximately 70% of traffic is exceeding the posted 50 MPH speed limit, and posting of a lower speed limit will cause this non-compliance percentage to rise, with no improvement to safety. Therefore, MN-DOT does not recommend a .change in speed limits along the entire length of 205th Street. Mr. Volk recommended continued enforcement of the posted speed limits by use of a speed trailer. He also recommended the City continue to monitor the area as development occurs along 205th Street. John Boland, 10241-205th Street, asked if stop signs could be installed at the crosswalk near Antlers Park. Mr. Erickson stated the City's traffic consultant has been directed to evaluate two locations for stop signs along 205th Street, as the installation of stop signs would have to be justified based on warrants.. ITEM 11 Mayor Zaun read a letter dated July 16, 1998 from the. Lakeville Small Business Association (LSBA) outlining the issues the LSBA plans to address at this evening's meeting. He indicated that because there is reference made to Minnesota Statutes in the July 16t" letter, he has some concern that there might be issues that go beyond what normal Council action would entail. He asked .that all comments specifically relate to the request for a State audit of the City. John Young, President of LSBA, 16275 Hudson Avenue, stated the LSBA was formed for the purpose of improving communication between businesses and the City. He stated the LSBA is made up of small business owners and some residents. The LSBA is currently circulating a petition requesting the State Auditor to perform an audit of the City. The group feels that the City Council should consider calling for an audit of the City of Lakeville. Mr. Young introduced Attorney. Marshal Tanick, representing the LSBA. Mr. Tanick expressed a desire to discuss an issue involving threats that • have been made against members of the association concerning their activity in the process of gathering names on the petition. Mr. Knutson advised Mr. Tanick that allegations against individual employees of the • CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 6 City should not be discussed at an open meeting. The issue, he stated, is not relevant to the request for an audit. Ed Mako, a 40-year Lakeville resident and former mayor, voiced his objection to the request for an audit of the City, which is estimated to cost the Lakeville taxpayers $50,000. He urged the LSBA to withdraw its petition and suggested the City spend its money reviewing such things as policies and procedures. Theresa Johnson, 19588 Jasper Terrace, stated she does not want the City to spend money on an unnecessary audit.. Pat Harvey, 20828 Iteri Avenue, pointed out that the City is audited annually by an independent auditor. He stated the LSBA appears reluctant to come forward with any specific problems or issues that would warrant an audit. He urged the Council not to spend the City's money on an audit. Tom Smith, Lakeville resident and President of the Lakeville Chamber of Commerce, asked what the City would gain by another audit. Mr. Feller stated the City would gain nothing that he is aware of. Mr. Smith agreed • that specific issues should be brought forward by the LSBA. He stated the Chamber of Commerce is concerned about taxpayers and is not in favor of spending money on an audit. Karl Drotning, 17265 Jasper Trail, stated he is looking for a reason the LSBA wants an audit. Dave Baudhuin, 18625 Kanabec Trail, stated he is in favor of an audit. Bob Johnson, 18320 Jamaica Path, suggested that the group requesting an audit should post a letter of credit with the City. If irregularities are. not found as a result of the audit, the City could draw upon the letter of credit to recoup the costs. If irregularities were found, the City would pay for the audit. John Boland stated he feels an audit would look at money spent by the City on unnecessary improvement projects and consultants. Mr. Knutson explained that auditors do not examine the merits of city policies or determine whether a project was a good idea. They look to see that State Statutes have been followed and accounting has been properly handled. CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 7 Wally Potter, 10691 202"d Street, stated he would challenge the media to publish a list of members of the LSBA, which the group appears reluctant to disclose. He stated he has not heard any specific accusations and agrees that the LSBA should pay for the audit if nothing shows up. John Raplinger, 11897 W. 210th Street, stated he feels a state .audit would be an unnecessary expense. Rick Thomas, Lakeville resident and business owner, stated he and the vast majority of people he has talked to are in favor of the audit. Mayor Zaun stated he has been unable to find any evidence of areas.of concern so that an audit can zero in on them. To do a blanket audit, in his judgment, is a waste of money. Council Member Ryan stated he feels confident that there are no financial improprieties in the City. However, he stated there are people in Lakeville who seem to want more documentation and discussion on certain issues. He felt there may be certain issues that need to be discussed by the City Council. He suggested some type of fact finding hearing would benefit the City of Lakeville. Mayor Zaun indicated that in the past, the Council has been able to hold discussions and establish goals as part of a retreat. After the Comprehensive Plan work is completed, another retreat could possibly be held. Council Member Holberg stated she has. spent a lot of time asking questions and looking for facts. She had urged members of the LSBA to send her a letter anonymously with any specific issues of concern that she could look into; and she received no response from the LSBA. She stated she is concerned about the community and its reputation, and feels that what happens needs to be constructive, .not destructive. She stated she couldn't support any type of investigation without some specifics. Council Member Mulvihill agreed. No action was taken. Mayor Zaun recessed the Council meeting at 8:47 p.m. and reconvened at 8:57 p.m. • CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 8 ITEM 12 Mr. Knutson presented for the Council's consideration a change in state law that requires cities in Dakota County to be responsible for the registration of dangerous dogs. In the past, cities were responsible for registration of potentially dangerous dogs; and the County was responsible for registration of dangerous dogs. Mr. Knutson recommended the City Council adopt the proposed ordinance, as law requires it. Marilyn Raplinger, 11897 W. 210th Street, voiced her fear of unrestrained dogs in the community. Mr. Knutson explained the definition of a dangerous and a potentially dangerous dog and the requirements. for them. He urged Ms. Raplinger to notify the Police Department with any specific concerns. Chief Martens stated the City has no potentially dangerous or dangerous dogs registered with the Police Department. Dog bites should be reported to the Police Department so that the dog can be quarantined. 98.177 Motion was made by Sindt, seconded by Mulvihill to adopt Ordinance No. 633 amending Title 5 of the Lakeville City Code concerning dangerous and potentially dangerous dogs. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 7E Council Member Ryan voiced his objection to placing a well on City property located at 175th Street and Ipava Avenue. He indicated his primary objection would be the cost of placing a well at this location versus an alternate, undeveloped location. He suggested the Council reject the bids and consider alternate sites for Well No. 13. City Engineer Keith Nelson stated that while there are street crossings and grading work involved with this project, the City does not have to acquire right-of--way. Mr. Erickson pointed out that staff does its very best. to keep these projects within, and many times below, the estimated contract as bid. 98.178 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-152 receiving .bids and awarding contract for Well No. • 13 collection pipe, Improvement Project 98-11 B; and Resolution No. 98- CITY OF LAKEVILLE COUNCIL MEETING JULY 20, 1998 PAGE 9 e 153 receiving bids and awarding contract for Well No. 13, Improvement Project 98-11A. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan, Nay. Council Member Ryan voted nay due to the higher costs of placing a well on this site. ITEM 14 98.179 Motion was made by Mulvihill, seconded by Holberg to cancel the July 27~' Council work session and hold a work session on August 5~' from 5:00 to 7:30 p. m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. UNFINISHED BUSINESS: None NEW BUSINESS: None ANNOUNCEMENTS: Next regular Council meeting, August 3, 1998 Council Work Session, August 5, 1998 Mayor Zaun adjourned the meeting at 9:30 p.m. Respectfully submitted, Charlene Friedges, City C k Duane Zaun, Mayo