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HomeMy WebLinkAbout02-05-90 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 The meeting was called to order at 7:OO p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Mulvihill, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; D. Feller, Finance Director; J. Robinette, Community Development Director; D. Morey, .Assistant Community Development Director; D. Gudmundson, Chief of Police; S. Michaud, Parks & Recreation Director; D. Krings, Chief Building Official; C. Friedges, City Clerk. STAFF ANNOUNCEMENTS: Attorney: Roger Knutson explained that a revised ordinance concerning the comprehensive storm drainage plan (agenda item #12b) was handed out to the Council and staff prior to the meeting. Engineer: None. ® Administrator: Bob Erickson explained that a more complete version of the first amendment to the Vermillion River Joint Powers Agreement (agenda item #7n) was also handed out to the Council prior to the meeting. Steve Michaud presented an update on the recently installed aeration system, stating that installation went off without a hitch on Friday, February 2nd. He recognized the Lakeville Pole Benders for their cooperation and assistance in handing out flyers, with garbage bags attached, to all fish house owners on Lake Marion and Orchard Lake, urging lake users to assist in an effort to keep our lakes clean. CITIZEN COMMENTS: Vic Kohlnhofer, representing the Lakeville Chamber of Commerce, extended an invitation to the City Council to join the School District in a joint meeting regarding thee. Lakeville Community Corporation's proposal for a community facility. The Chamber will host the meeting. which is tentatively scheduled for February 22nd at 7:00 p.m. at the Lakeville Senior Center. The. City Attorney indicated the Council would not be required to call a Work Session for this meeting, but suggested compliance with the op-en meeting law (notify the press and post meeting notice). i ,r .CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 2 Mr. Morel Helkennen, 17809 Junelle Path, requested time under Other Business to make a proposal to the Council. PRESENTATIONS/RECOGNITIONS: Bob Erickson presented a "thank you" petition from residents of Countryview Mobile Home Park expressing their gratitude for the pedestrian and bike trail that was constructed on Pilot Knob Road. Mr. Erickson commended the Dakota County Highway Department for their cooperation and financial assistance in the project. Councilmember Sindt explained the background on this project, stating that she had been approached by residents of Countryview asking for a bike trail on Pilot Knob Road.. With the cooperation of the County and the .Parks & Recreation Director, the. City was able to get the shoulder paved in the fall of 1989. Councilmember Sindt indicated that .she will personally present a similar "thank you" petition to the County Commissioners. Don Gudmundson introduced two new Police Officers,. Tim Knutson and Brigham Strole, and administered the Oath of Office to them. • Jim Robinette introduced Gerald Moss, new Utility Maintenance employee. Mayor Zaun read a news release from the Government Finance Officers Association announcing that the City of Lakeville has been awarded the highest award in financial reporting, .and presented the Certificate of Achievement for Excellence in Financial Reporting to Dennis Feller, Finance Director. Mr. .Feller thanked Accountant Brian Kempa and other members of the Finance staff, the George M. Hansen Company, City Administrator and City Council for their support and encouragement. Mayor Zaun indicated that a formal presentation to the City from the Government Finance Officers Association will be made at a later date. ADDITIONS/DELETIONS TO CONSENT AGENDA: The Council removed Items 7i and j, Service Agreements for cleaning of city buildings, and 7k, purchase of .instant recall audio' recorders from the consent agenda for discussion. The Council added Items 8, Viking Square Third final plat; 14, Lake Villa Golf Estates Fifth Addition development contract amendment; and 15, resolutions requesting funding for increased patrol. and enforcement on county .lakes and rivers. r CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 3 90.28 Motion was made by Harvey, seconded by Sindt to approve the amended consent agenda and items as follows: a. Approve minutes of January 16, 1990, Council meeting. b. Approve claims for payment. c. Receive advisory committee meeting minutes: Planning Commission, January 18th Parks & Recreation Committee, January 17th Natural Resources Committee, January 16th Cable TV Board, January 9th Economic Development Commission, January 30th d. Approve change order number 31 for city hall. e. Authorize the Fire Chief and Fire Marshal to issue open burning permits. f. Approve Engineering Agreement with TKDA (Tolz, King,. Duvall, Anderson and Associates,. Inc.) for consulting engineering services. • g. Cherry Highlands 2nd Addition; approve storm sewer credits and assessment of storm sewer area charges.. h. Receive bids and award contract to the lowest bidder, Larson Implement, in the amount of $32,689.00, for a 62 horse power backhoe for the Street Department; and approve purchase of attachments in the amount of $1,437.00. i. Removed from Consent Agenda. j. Removed from Consent Agenda. k. Removed from Consent Agenda. 1. Approve Resolution No. 90-05 appointing members to the Employee Personnel Evaluation Committee (EPEC). m. Approve Resolution No. 90-06 authorizing Fredrikson and .Byron to evaluate employee system for conformance with Fair Labor Standards Act (compensatory time), and appropriation transfer of $3,000 from the General Fund Contingency. n. Approve first amendment to the Vermillion River Water Management Commission Joint Powers Agreement. .r CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 4 • o. Approve Resolution Nd. 90-07 establishing committees of the. City Council and approving the Mayor's appointments thereto. p. Ordinance amending Title 1 of the Lakeville City Code concerning requirements for City approvals; .authorize ordinance to be transmitted to the Economic Development Commission for their review. 8. Approve Resolution No. 90-08 approving the final plat of Viking Square Third Addition. 14. Approve change in the Lake Villa Golf Estates Fifth Addition development contract authorizing assessment of the storm sewer area charge over a 10 year period at 10~ interest. 15. Approve Resolution No. 90-12 requesting. additional funding from the Minnesota Department of Natural Resources for the purpose of .increasing patrol and enforcement on Dakota County lakes and rivers;. and approve Resolution No. 90-13 requesting additional funding from the Dakota County Board of Commissioners for . the purpose of increasing patrol and enforcement on Dakota County lakes. and rivers. Roll call was -taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM 7I. Councilmember Ruhmann asked the. staff why they were recommending award of a contract. to the second low bidder rather than the lowest bidder. Dennis Feller explained that three criteria .were used in evaluating the vendors who submitted quotes for contractual cleaning of city .buildings; size of company, location and cost. He went on to explain that the staff feels the company that is selected should have enough personnel to perform the job when someone does not show up for work; and since the low bidder is a one person operation, the contract should go to the next low bidder. In addition, Bob Erickson explained that the low bidder for the Police Department cleaning contract is currently a City employee. Under current workers compensation .laws, this individual would have to meet the requirements of a contractor, which would prevent his continued employment with the City. • CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 5 • 90.29 Motion was made by Harvey, seconded by Ruhmann to approve the Service Agreement with Polished Brass Cleaning Service for cleaning the Police Station building at a cost of $770 per month. Roll call was taken -on the motion. .Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. ITEM 7J. 90.30 Motion was made by Ruhmann, seconded by Harvey to approve a Service Agreement with. Osland Building Maintenance for cleaning the City Hall building at a cost of $1,620 per month. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, .Harvey, Ruhmann, Zaun. ITEM 7K. Councilmember Ruhmann recommended. the City Attorney be authorized to take whatever steps are necessary to recoup the City's investment in the Echo recorders that were purchased with the police department radio console approximately five • years ago, since they are currently inoperable. 90.31 Motion was made by Harvey, seconded by Sindt to receive quotes, authorize an appropriation transfer of $6,390 from the 1989 to the 1990 Certificates of :Indebtedness Budget, and award a contract to Dictaphone Corporation in the amount of .$6,390 for the. purchase of five instant recall audio recorders for the police department. Roll call was taken on the .motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. 90.32 Motion was made by Ruhmann, seconded by Mulvihill to authorize. the City Attorney to take whatever .steps are necessary to recoup the City's investment in the Echo recorders that were originally purchased with the police department radio console. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill, Sindt. ITEM 9. Daryl Morey gave a brief introduction to the request of Mr. Don Korba for. a conditional use permit to operate an auto body repair business in the Friedges Landscaping building at ,1 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 6 • 9300 202nd Street. Mr. Morey pointed out the 18 conditions from the zoning ordinance that need to be met to allow an auto body. repair business. Mr. Morey indicated that after staff reviewed Mr. Korba's proposal they compared it with the zoning ordinance requirements. Staff determined that 12 conditions would be required to achieve compliance. That includes a letter of credit in the amount of $10,000 to ensure completion of the paving, striping, lighting and landscaping requirements this spring. The Planning Commission unanimously recommended approval of the conditional use permit. Councilmember Harvey questioned Condition #4 in the conditional use permit, which states that a site signage plan must be approved by the City staff prior to any sign being erected on the site. The staff concurred that a signage plan has been submitted but has not yet been approved by staff. Councilmember Harvey then pointed out that a sign currently exists on the site, which is in violation of the conditional use permit. The staff confirmed that the sign which currently exists is in conformance with the sign ordinance. Staff and Councilmember Harvey agreed to change the wording in • Condition #4 to read: Signage for the Korba auto body repair business shall be in accordance with a site signage plan to be approved by City staff prior to any additional signage being erected on the site. 90.33 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve a conditional use permit for Don Korba to operate an auto. body repair business at 9300 202nd Street in accordance with the 12 conditions listed in the conditional use permit, with the amended wording in Condition #4 as stated above. Roll call. was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM 10. Steve Michaud introduced Mr. Kevin Ilia, Chairman. of the Parks & Recreation Advisory .Committee, who presented the Committee's recommendations on the Griffon Trail sidewalk. proposal. He explained that three separate meetings were held with residents of the Griffon Trail neighborhood, who. were opposed to having .eight foot asphalt trails constructed in front of their homes. (Most of the homes were. constructed before City adoption of the Comprehensive Trail Plan in . 1987). After discussing the situation with staff and .r CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 7 • committee members, the residents agreed to the construction of five foot concrete sidewalks on both sides of Griffon Trail from 165th Street to Cedar Avenue, since Griffon Trail is expected to be a busy major collector street once the area is fully developed. The residents presented a list of 18 stipulations concerning the construction of sidewalks, and City staff analyzed and responded to each one individually. These requests/responses were then presented to the Parks & Recreation Committee; and, after review and discussion with the residents, the Committee recommends Council approval of sidewalks, with the revised conditions. Steve explained that a modification to the 1987 Comprehensive Trail Plan is .necessary to eliminate the eight foot asphalt trails on both sides of Griffon Trail from 165th Street to Cedar Avenue, and replace it with five foot concrete sidewalks. Councilmembers asked if this situation could reoccur. The staff indicated that current standards do not allow driveways to be constructed on major collector streets, and .they do not anticipate this type of situation to reoccur. The Council commended the staff and Parks & Recreation • Committee for their efforts and the Griffon Trail residents for their excellent cooperation.. 90.34 Motion was made by Harvey, seconded by Mulvihill to approve modifications to the 1987 Comprehensive Trail Plan to eliminate the eight foot asphalt trails on both sides of Griffon Trail from 165th Street to Cedar Avenue, and replace them with five foot concrete sidewalks. Roll call was taken on the motion. .Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. 90.35 Motion was made by Sindt, seconded by Mulvihill to approve the recommendation of the Parks & Recreation Committee to construct sidewalks along Griffon Trail from 165th Street to Cedar Avenue, with stipulations as identified in the Griffon Trail Neighborhood Sidewalk Proposal dated January 19, 1990, including Exhibit A (on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. ITEM 11. ~a CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 8 • 90.36 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 90-09 authorizing the City Engineer to prepare a feasibility report for Griffon Trail and Grove Trail street, utility and sidewalk/trail construction, Improvement Project 89-13. Roll call was taken on the motion. Ayes,. Sindt, Harvey, Ruhmann, Zaun, Mulvihill. ITEM 12. Keith Nelson explained that the .proposed resolution establishing storm sewer area charges (Exhibit B) was presented to and reviewed by the Economic Development. Commission at the Council's request. The proposed policy change would require storm sewer area. charges on all developing property and would increase the storm sewer area charge approximately 4.4$ in 1990. The Commission unanimously approved the change in policy and adoption of Exhibit B with the stipulation that paragraph 3 be amended by deleting the word "increased" and substituting the words "changes in construction". (Construction costs could conceivably decrease as well as increase in the future.) • 90.37 Motion .was made by Sindt, seconded by Harvey to approve Resolution No. 90-10 (Exhibit B) establishing storm sewer area charges with one change in Paragraph No. 3 as recommended by the Economic Development Commission as stated above. Roll call was taken on the motion.. Ayes, Harvey, Ruhmann, Zaun, Mulvihill, Sindt. 90.38 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 402 amending Title 10 and. Title 7 of thee. Lakeville City Code concerning storm water connection charges. Roll call was taken on the motion. Ruhmann, Zaun, Mulvihill, Sindt, Harvey. ITEM 13. Counclmember Ruhmann suggested a procedure policy on the. viewing and erasing of video tapes be approved before any video tapes of public meetings are destroyed. Mr. Erickson stated it is expected to take approximately 90 days for the .state to process the City's request to amend the records retention schedule to allow the minimum retention period for • video tapes of public meetings to be 30 days rather than one year. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 5, 1990 PAGE 9 He also stated that a procedure policy will be available for Council consideration at their February 20th meeting. 90.39 Motion was made by Ruhmann, seconded by Sindt to approve Resolution No. 90-11 requesting an amendment to the State of Minnesota approved Records Retention Schedule for the City of Lakeville. This will allow the minimum retention period for video tapes of public meetings to be changed to a period of 30 days. Roll. call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. OTHER BUSINESS. Mr. Helkennen indicated that he would like to request a Planned Unit Development on his property south of 175th Street near Oak Ridge Heights, but stated he needs to know what the City's requirements are for proceeding with such a project. He indicated that he had been in contact with several property owners regarding the possibility of creating a lake, which could enhance the property for use as luxury apartments. Jim Robinette suggested Mr. Helkennen contact the Community Development .Department, and they would meet • with him to review his request. The meeting was adjourned at 8:22 p.m. Respectfully submitted, Charlene Friedges, Ci y Clerk Du ne Zaun, M r i