Loading...
HomeMy WebLinkAbout01-05-98 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 City Administrator Robert Erickson introduced the Honorable Martha Simonett, Dakota County District Court Judge, who administered the oath of office to Mayor Zaun, Councilmember Mulvihill and Councilmember Ryan. Mayor Zaun called the meeting to order at 7:08 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ryan, Mulvihill, Sindt, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; R. 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 December 15 1997 Ci Council meetin December 17 g, , 1997, special Council meeting and the November 25, .1997, Council work session were approved as presented. STAFF ANNOUNCEMENTS: ATTORNEY: None ENGINEER: None ADMII~TISTRATOR: Mr. Erickson stated a revised resolution for Item 7j has been provided by the City Clerk. PRESENTATIONS/INTRODUCTIONS Mayor Zaun presented a plaque to David Luick for his service on the Lakeville Planning Commission. CITIZENS' COMMENTS Mr. John Boland, 10241 205th Street West, expressed a concern regarding the proposed amphitheater in Cleary Lake Park. He asked if the Minnesota Orchestra CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 2 has contacted Cit officials re ardin an EAW and he asked if the Cit feels Y g g ~ Y there will be negative impacts to the City of Lakeville if an amphitheater is built in Cleary Lake Park. Mr. Erickson explained that the review process is in its early stages and, to his knowledge, has not yet officially come before the Scott County Board. Mayor Zaun indicated that the Council is concerned about it and is waiting to see exactly what type of proposal is coming forth. Mr. Boland also asked if the City Council has considered a suggestion made by Councilmember Ryan to televise its work sessions. Mayor Zaun explained that work sessions are generally used to receive and discuss technical information in a more informal manner. He emphasized that no action is taken by the Council at work sessions. Councilmembers Sindt and Mulvihill explained that work session dates and times are established at Council meetings, the meetings are open to the . public and minutes are kept. Councilmember Ryan suggested the possibility of holding work sessions in the meeting room at the water treatment plant, where they will be more visible to the public. CONSENT AGENDA At the request of Councilmember Ryan, Items 7c, 7d and 7e were removed from the consent agenda. Councilmembers added Item 11 to the consent agenda. 98.1 Motion was made by Mulvihill, seconded by Sindt to approve the consent agenda items as follows: a. .Claims for payment. b. Receive minutes of the following advisory committee meetings: Cable Board, December 9, 1997 Environmental Affairs Committee, December 9, 1997 Planning Commission, December 11, 1997 c. Removed from consent agenda. d. Removed from consent agenda. e. Removed from consent agenda. f. Special assessment agreement with Paul & Lois Olson, 16485 Kingswood Drive. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 3 A Bement with Dakota Coun oil Water onserv i n ' g. gr ty S & C at o Distract relating to urban plat review and site inspection services. h. Resolution No. 98-1 accepting donations to the Canine Program. i. Resolution No. 98-2 accepting donations to the DARE Program. j. Resolution No. 98-3 approving a gambling permit for Lakeville Fastpitch Softball Association. k. Confirm the annual Board of Review meeting, to be held on Tuesday, April 7, 1998, at 7:00 p.m. 1. Employment Agreement between City of Lakeville and Ron Alan Mullenbach. m. Termination of Bomb Squad Agreement between City of Lakeville and City of St. Paul n. Amendments to the ALF Ambulance Joint Powers Agreement. o. Resolution No. 98-4 concurring with Klamath Trail, Phase III, being partially funded by regional trail initiative grant programs and identifying the fiscal agent of the City of Lakeville. p. Resolution authorizing submittal of preliminary trail grant applications for Klamath Trail, Phase III project, and preliminary grant application for improvements to Orchaxd Lake public boat launch. 11. Appointment of Duane Zaun, Lynette Mulvihill and Tom Ryan to the Lakeville Housing and Redevelopment Authority, consistent with their terms on the City Council. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEMS 7C, D, E Councilmember Ryan indicated he would like to abstain from voting on these three items due to a conflict of interest. 98.2 Motion by Sindt, seconded by Mulvihill to approve the following items: • c. Final acceptance of street improvements in Kilkenny Pond; CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 4 d. Final acc tance of street and utili im rovem nts in H in ep ty p e ypo to Crossing 5th Addition; e. Final acceptance of street improvements in Kilkenny Pond 2nd Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan abstained. ITEM 8 As requested by the City Council at its December 15th meeting, City Attorney Roger Knutson provided an overview of the Gift Law, Open Meeting Law and Conflicts of Interest. (see outline prepared by Campbell Knutson dated 1/5/98 on file in the City Clerk's office). ITEM 9 Mr. Erickson explained that State statutes require the City Council to appoint, each year, a legal newspaper for the coming year. Proposals were received from the Life & Times and Sun Current. He explained that the Life & Times distributes its newspaper to all Lakeville residences, while the Sun Current does not. He further stated that the State Statute requires the legal newspaper to have its principle office located within the City, and the Sun Current does not currently meet that requirement. Staff recommends the designation of the Life & Times as the City's official newspaper for 1998, and further recommends the continued publication of the Messages page in the Life & Times. Councilmember Sindt asked why there is a great differential in the per column inch rates between the Life & Times and Sun Current. Mr. Erickson stated the column inch in the Life & Times includes more printed matter for the column inch provided; however, it does not overcome the differential in the two bids. He suggested the Council invite Publisher Dick Sherman to a future meeting for a more detailed explanation. Councilmember Holberg stated she also noticed, and is concerned about, the great discrepancy in the column inch rate between the two newspapers. However, she feels that Messages and legal notices should be published in the same newspaper to avoid confusion to the residents. She would recommend designation of the Life & Times as the official newspaper, because it meets the State's requirement by having an office in Lakeville and also has a greater distribution area than the Sun Current. However, she requested that prior to next year's designation, the staff should send out Requests for Proposals to all three newspapers who serve Lakeville. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 5 Councilmember Ryan stated he is also concerned about the price differential. He suggested that next year staff look at a combined bid proposal for legal notices and Messages and the possibility of a two year contract.. He asked if the wording in legal notices could be written so that the average person can understand it better. Mr. Erickson stated there is specific legal language that must be printed, however, staff will work with the City Attorney to try and make the notices more user friendly. 98.3 Motion was made by Sindt, seconded by Ryan to designate the Lakeville Life & Times as the City's official newspaper for 1998, and authorize the continued publication of the Messages Page in the Life & Times for the year 1998. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. 98.4 Motion was made by Sindt, seconded by Ryan to direct staff to look at alternatives and prepare a Request for Proposals for designation of the 1999 legal newspaper, and consider the possibility of a two-year contract with the. legal newspaper. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 10 Mayor Zaun indicated that traditionally, the council member with the most seniority has been appointed Acting Mayor. 98.5 Motion was made by Holberg, seconded by .Mulvihill to appoint Councilmember Sindt as Acting Mayor for 1998. Ro11 call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Mulvihill. Sindt abstained. ITEM 12 98.6 Motion was made by Holberg, seconded by Sindt to appoint Wendy Wulff and Richard Cecchini to the Planning Commission for three year terms and appoint Lieutenant David Bellows as the ex-officio member of the Planning Commission for a one year term. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. 98.7 Motion was made by Holberg, seconded by Mulvihill to authorize staff to . advertise the vacant alternate position on the Planning Commission. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 6 s Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. 98.8 Motion was made by Holberg, seconded by Sindt to appoint Jeff Larson and. Colette Wanless-Sobel to the Parks & Recreation Committee for three year terms and appoint Kevin Illa as an alternate on the Parks & Recreation Committee for a one year term. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. In light of the fact that there are currently two vacancies on the Environmental Affairs Committee, Councilmember Ryan suggested possibly combining the Environmental Affairs Committee with the Parks & Recreation Committee. Councilmember Sindt stated she feels the two committees would not be compatible, having different areas of expertise. Councilmember Mulvihill suggested that the Council may want to evaluate all of the advisory committees prior to consideration of next year's re-appointments to determine if any could be combined or eliminated. 98.9 Motion was made by Ryan, seconded by Mulvihill to appoint Dee McManus to the Environmental Affairs Committee for a two year term and appoint Robert Nicholson as an alternate on the Environmental Affairs Committee for a one year term. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. 98.10 Motion was made by Mulvihill, seconded by Sindt to advertise two vacancies on the Environmental Affairs Committee. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. 98.11 Motion was made by Holberg, seconded by Mulvihill to appoint Mike Trulson, Quality Waste Control, and Brett Anderson, Lakeville Sanitary & Recycling Service, to the Environmental Affairs Committee/Waste Haulers Subcommittee, for. one year. terms. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. 98.12 Motion was made by Sindt, seconded by Mulvihill to appoint Glenn B. Miller, Robin Selvig, Greg Maliszewski and Richard Schwartz to the Cable TV Board for two year terms. Roll call was taken. on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 7 ' 98.13 Motion was made by Sindt, seconded by Mulvihill to accept the resignation of Mark T. Beltz from the Cable TV Board, representing Farmington School District 192, and schedule an interview with Rosalyn Pautzke, Technology Director for the Farmington School District. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. 98.14 Motion was made by Holberg, seconded by Sindt to advertise for an alternate member of the Cable TV Board. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. 98.15 Motion was made by Mulvihill, seconded by Holberg to appoint Dick Miller, Robert Brantly and Dale Detjen to three year terms on the Economic Development Commission, and appoint Jerry Erickson as an alternate on the Economic Development Commission for a one year term. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 13 .98.16 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98- 6 establishing boards and committees of the City Council and approving appointments thereto. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. ITEM 14 98.17 Motion by Sindt, seconded by Mulvihill to set a Council work session for Tuesday, February 3, 1998, at 8:00 a.m. to review the City's Five Year Capital Improvement Program. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg.. Mr. John Boland suggested that the presentation of the Capital Improvement Program be video taped and rebroadcast on the cable channel. Mayor Zaun indicated that a formal presentation of the Capital Improvement Program will be made by City staff at a future Council meeting and broadcast on Channel 16. UNFINISHED BUSINESS None • NEW BUSINESS CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 8 • Councilmember Sindt stated the Dakota County League of Governments is looking at the possibility of holding breakfast meetings with legislators to review legislative impacts on cities. She indicated she would be willing to take the legislative agendas from the various organizations and compare them in advance of making a presentation to the legislators. Councilmember Ryan addressed the City Council with regard to an article in the December 27`h issue of the Lakeville Life & Times with regard to the City having few choices in zoning matters. He gave specific reasons why he feels that the article contained false information in regard to the 60-day rule and the .City Council's right to deny a zoning change. He stated in checking with the City Attorney, it was his understanding that the zoning ordinance would prevail over the comprehensive plan in a zoning dispute, rather than the comprehensive plan prevailing over the zoning ordinance as stated in the newspaper article. Mayor Zaun stated that inhis interpretation, the City_is moving toward bringing the zoning ordinance into compliance with the comprehensive plan. He stated the comprehensive plan is current and looks toward the future, while the zoning ordinance dates back to the 1960's. . Mr. Knutson explained that the State Legislature has mandated that by December 31, 1998, cities must eliminate any conflict between the comprehensive plan. and the zoning ordinance. He stated the zoning ordinance reflects what the City wants today, while the comprehensive plan is for ultimate development, which explains why the comprehensive plan and zoning ordinance can be very different. Mr. Erickson stated there is no inaccuracy in the article as published in the Life & Times, and he asked the City Attorney to confirm that. Mr. Knutson stated that both he and Councilmember Ryan are reading the article in good faith. He indicated that the statement which reads, "before the law was passed (in 1995), if the zoning ordinance conflicted with the plan, the zoning ordinance prevailed", is 100% accurate. However, the effective date of this law is December 31, 1998, which is when conflicts between the comprehensive plan and zoning ordinance must be eliminated. Councilmember Ryan stated he feels that issues being considered prior to December 31, 1998, would follow the old rules and, therefore, the zoning ordinance would prevail over the comprehensive plan. He stated that as he discussed with the City Attorney, the City Council and City Attorney would prefer to see the zoning ordinance take precedence over the comprehensive plan. • Councilmember Holberg asked Councilmember Ryan not to speak on behalf of CITY OF LAKEVILLE COUNCIL MEETING JANUARY 5, 1998 PAGE 9 • the entire Council as she would be in direct o osition to that statement. he pP S stated she feels the comprehensive plan is a much more comprehensive document than the zoning map. Councilmember Ryan. stated he was speaking for himself only. ANNOUNCEMENTS: Next regular Council meeting, January 20, 1998 Council work session, January 7, 1998 Mayor Zaun adjourned the meeting at 9:25 p.m. Respectfully submitted, harlene Friedges, City Cl f~ ~t Duane Zaun, Mayor •