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HomeMy WebLinkAbout01-02-90 CITY OF LAKEVILLE COUNCIL MEETING o JANUARY 2, 1990 Chief of Police, Don Gudmundson, introduced the Honorable Judge Gerald W. Kalina, who administered the oath of office to Mayor. Duane Zaun and Councilmember Wenzel Ruhmann. The meeting was called to order by Mayor Zaun. The pledge of allegiance to the flag was given. Ro11 call was taken. Present: Councilmembers Ruhmann, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Gudmundson, Chief of Police; S. Michaud, Park & Recreation Director; C. Friedges, City Clerk. STAFF ANNOUNCEMENTS: Attorney: None Engineer: None • Administrator: None CITIZEN COMMENTS: None PRESENTATIONS/RECOGNITIONS Mayor Zaun presented an appreciation plaque on behalf of the City Council and citizens of Lakeville to Vernon Jensen for his years of service to the City on the Natural Resources Committee. An appreciation plaque was also presented to Warren Walters on behalf of the City Council and citizens of Lakeville for his years of service on the Planning Commission and Cable TV Board. Chief of Police, Don Gudmundson, introduced the Rev. Mark Bellows, Police Department Chaplin, who gave a short invocation. (Rev.. Bellows had been called to wn emergency and was unable to be present at the start of the meeting.) The Chief of Police then introduced Ms. Renee. Morris, the new part-time receptionist/typist for the Police Department. He stated Ms. Morris is employed full-time with the Bloomington Police Department in addition to her part-time work in Lakeville. Ms. Morris was welcomed by the City Council and staff. CONSENT AGENDA: • The Council removed consent agenda items 7f, Appointment of the Acting Mayor, and 7g, appointment of the official city newspaper. J CITY OF LAKEVILLE COUNCIL MEETING • JANUARY 2, 1990 PAGE 2 Item #10, approval of a labor contract with Law Enforcement Labor Services, Local 129, was added to the consent agenda by the Council. 90.1 Motion was made by Harvey, seconded by Sindt to approve the amended consent agenda and items as follows: a. Approve minutes of the December 18, 1989, council meeting. b. Approve minutes of the December 28, 1989, special council meet- ing. c. Approve claims for payment. d. Approve Resolution No. 90-01 approving the designation of deposi- tories of city funds. e. Approve Resolution No. 90-02 setting the dates and time for regu- lar City Council meetings in 1990. f. .(This item removed from Consent Agenda). • g. (This item removed from Consent Agenda). h. Approve agreement with Northwest Associated Consultants, Inc. for planning services. i. Approve agreement with Donohue & Associates for consulting engi- neering services. j. Approve agreement with Orr-Schelen-Mayeron & Associates for con- sulting engineering services. k. Receive letter of resignation from Wenzel Ruhmann from the Cable TV Board. 1. Approve Joint Powers Agreement with the Cities of Burnsville,. Apple Valley, Eagan, Rosemount and Savage for traffic markings, street sweeping and seal coating. m. Approve agreement with Clean Flo Laboratories for aeration system at Valley Lake Park. n. Approve final acceptance of utility and street improvements to Marion Pines. o. Approve Black Dog Water Management Organization Plan. O p. Set the Board of Review meeting for 7:00 p.m. on April 9, 19.90. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 2, 1990 • PAGE 3 q. Approve farm property lease with William Feldman. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruh- mann. ITEM 7F. Mayor Zaun explained that past practice has been to appoint the se- nior most member of the City Council to serve as the Acting Mayor in the event the Mayor cannot attend a meeting. 9p,2 Motion was made by Harvey, seconded by Ruhmann to appoint Counailmem- ber Betty Sindt to the capacity of Acting Mayor for 1990. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun. Sindt abstained. ITEM 7G. City Administrator Bob Erickson indicated that the State requires a city to appoint a legal newspaper for the.. publication of required public notices. He explained that while the City has. used the Dakota County Tribune as its official city newspaper for many years, the City received proposals from three .different newspapers interested in being designated for the year 1990. Mr. Erickson went on to explain that the City has made an investment in transmitting information to the Lakeville citizens through the "Messages" portion of the Lakeville Life & Times. Since the Life & Times actively covers all City Council meetings, the staff feels the community would be best served to receive all information froma single source.. Councilmember Harvey pointed out. that distribution of the Life & Times is approximately 30% greater than other local newspapers. 90.3 Motion was made by Harvey, seconded by Sindt to appoint the: Lakeville Life & Times as the official city newspaper for the year 1990. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, 5indt. 90..4 Motion was made by Ruhmann, seconded by Sindt to direct staff to write a letter of appreciation to the Dakota County Tribune for their many years of service to the City of Lakeville as the legal newspa- per. . Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Har- vey. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 2, 1990 • PAGE 4 Mr. Dennis Eyler of Strgar, Roscoe, Fausch had not yet arrived for his presentation on the Lynwood North sidewalk issue. .The Council went on to the next agenda item. ITEM 9. Steve Michaud explained that the City Council had received a petition in October of 1988 requesting pedestrian lanes and speed limit reduc- tions near Orchard Lake and Kingsley Lake (Co. Rd. 5, Klamath Trail and Judicial Road). City staff began to study the area around Or- chard Lake and County Road 44 which runs from Highway 5 between King- sley Lake and Orchard Lake near the Elementary School. Staff found the area to be very difficult with respect to topography,` right of ways and existing gravel roads. With several stretches of road found to have only two to three foot shoulders with severe back slopes, staff felt a trail could not be physically constructed with- out extensive slope easements for embankments, .some retaining walls and guard rail .protection for vehicular and pedestrian safety. The City then retained the services of Barton-Aschman Associates, a traffic engineering firm, who held several neighborhood meetings.. The Park & Recreation Committee reviewed Barton-Aschman's report and recommended receipt by the City Council. • Councilmembers expressed their disappointment with the content of Barton-Aschman's report, stating the recommendations given were not well presented or sufficient for the subject matter in question. Staff indicated that further options will be studied during the Judicial Road feasibility report and design process. Alternatives will be presented at that time. Staff pointed out that while the pedestrian trail issue has not .yet been resolved, the area has been posted with reduced speed limit signs in an effort to improve safety. The Lakeville Police Depart- . ment, in conjunction with the State Highway Patrol, is monitoring bypass truck traffic in the area. Steve Michaud also explained the staff's desire to replace the Soo Line Railroad bridge over 168th Street near County Road 44. The staff has met with Soo Line officials in an attempt to eliminate the bridge and establish an at grade crossing. 90.5 Motion was made by Harvey, seconded by Ruhmann to receive the Orchard Lake/Kingsley Lake area traffic and trail study prepared by Barton-Aschman Associates, Inc. dated November 15, 1989. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruh- mann. ITEM 11. CITY OF LAKEVILLE COUNCIL MEETING • JANUARY 2, 1990 PAGE 5 Jim Robinette introduced a proposed ordinance which would allow the boarding of animals in veterinary clinics. He explained that the ordinance is being proposed as a result of the City's intent to dis- continue its contractual animal control service and take over animal control as a city function. This would require a local animal boarding facility. The Chief of Police stated he anticipates an animal control warden could be on staff by April 2nd. In addition to animal control, this person would do community service work and, eventually, some park ranger duties. Bob Erickson provided some background on this issue, and explained that one of the Council's goals in the Corporate Plan was to improve animal control in the city. Results of the 1988 community survey indicated that citizens were dissatisfied with the current system. He pointed out that Lakeville will be one of the first cities to operate an animal control program in Dakota County. Councilmember Ruhmann expressed a concern that the maximum number of animals that. can be boarded in a veterinary clinic might require the designation of an additional facility. Bob Erickson stated this would be taken into account when obtaining proposals from the various clinics to house the animals picked up by the animal warden.. ~0.6 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 400, an ordinance amending the zoning ordinance, to allow animal kennels as a conditional use in the B-2, B-4, CBD-C, I-1 and I-2 zoning districts Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun. ITEM 8. Keith Nelson introduced Mr. Dennis Eyler, Traffic Engineer for Str- gar, Roscoe, Fausch, Inc. Mayor Zaun indicated that several letters had been received from Lynwood North residents concerning the side- walk issue. 90.7 Motion was made by Harvey, seconded by Sindt to receive the following correspondence (copies on file in the office of the City Clerk) in relation to Lynwood North sidewalks: Letter dated December 29, 1989 from Ken and Linda Sidwell Program Guide from the National Safety Council dated 1989 Letter dated December 29, 1989 from Ken Sidwell Proposal dated January 1, 1990 from Ken Sidwell Letter dated December 29, 1989 from Steve and Patricia Quindlen Letter from Mary Kveton Bane Letter from Elizabeth & Fred Gray Letter dated December 19, 1989 from Howie and Mary Nelson CITY OF LAKEVILLE COUNCIL MEETING JANUARY 2, 1990 • PAGE 6 Letter dated December 29, 1989 from Linda Sidwell Letter. dated December 26, 1989 from Jim and Kay Peterson Letter dated December 29, 1989 from John Gergen and Gina Miller Letter dated December 29, 1989 from Terry and Cindy Nielson Letter dated December 29, 1989 from Phillip and Diane Dawson Letter dated December 29, 1989 from Tom and Denice Rechtiene Letter from Gerald and Mary Lau Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt. Mr. Eyler stated that he had been asked by the City to research and comment on the technical merits of sidewalks in the Lynwood North subdivision. He explained that 170th Street and .Jaguar Avenue are classified as residential streets; but with the absence of the planned permanent minor collector for this area (167th Street), 170th Street and Jaguar Avenue serve as a minor collector system in the interim. He further stated that to fully evaluate the need for side- walks, one must determine the exact functions that the sidewalks. will. serve and what type of traffic the street is intended to serve. Mr. Eyler stated that while sidewalks are desirable in areas with small children, they cannot be expected to replace parental supervi- sion. He suggested certain types of traffic control devices as a means of enhancing safety for children .and other pedestrians in this neighborhood. These include signing and roadway striping. "WATCH FOR CHILDREN" signs are Minnesota Dept. of .Transportation approved, while "CHILDREN PLAYING" signs could give a false sense of security to those living along that street. Mr. Eyler stated he checked the curvature of 170th Street through. the Lynwood North area and found the degree of sharpness for most of the curves indicated that they can only be travelled comfortably at speeds between 20 and 25 MPH He, therefore, recommended"WINDING. ROAD" signs with 20 MPH advisory speed plates be placed 100 to 200 feet in advance of this section of roadway in each direction. He further indicated that "STOP" signs for speed control purposes are not always effective. Mr. Eyler pointed out that a possible option could be the striping of bicycle lanes on both sides of the street. This would require that bike lane signing be installed with prohibited parking on both sides of the street. In regard to sidewalk construction through those properties where homes have already been built, the Strgar, Roscoe, Fausch report finds it to be very costly and difficult to accomplish given .the. terrain. Mr. Eyler pointed out that many homeowners' landscaping may be affected by the installation of sidewalks.. Other roadside objects such as mailboxes, street lights, utility transformers and buried television cable would make sidewalk construction difficult and cost- ly. ti CITY OF LAKEVILLE COUNCIL MEETING JANUARY 2, 1990 PAGE 7 Keith Nelson stated the staff recommends that the existing road be striped on one side with a white stripe painted six feet off the north curb line along 170th Street .and six .feet off .the east curb line of Jaguar Avenue; parking would not be restricted. Staff fur- - they recommended "Winding Road" advisory signs with a 20 MPH speed limit, as recommended by Strgar, Roscoe, Fausch. Councilmember Harvey pointed out that the mailboxes currently stand on the north side of 170th Street, and he would, therefore, recommend striping on the south side. Councilmember Ruhmann asked the city administrator how the collector street designation on 170th Street evolved and how long staff felt it would be before 167th Street, the designated collector, would be constructed. Bob Erickson explained that three subdivisions, Foxborough, Homestead Creek and Lynwood North were caught between the City's adoption of the Trails. Plan and the Transportation Plan and, as a result, 170th Street became a temporary minor collector. The staff indicated .that based on current development activity, it would take three to five years before 167th Street is constructed. Ms. Denise Chambers spoke in opposition to the "hybrid" alternate in the Traffic Engineer's report, stating a 33 foot street, compared to the existing 38 .foot street, would be dangerous in her opinion. Mr. Ken Sidwell pointed out statistics found in the National Safety. Council's 1989 Program Guide, on the suggested safety that sidewalks provide in residential neighborhoods. Mr. Bidwell asked the Council to consider his proposal dated January 1, 1990 (received by the Council in the previous motion). Mr. Howie Nelson stated he was also opposed to the "hybrid" alternate because of the high costs,. maintenance and grading involved. He stated he felt traffic is not at a degree to warrant the construction of sidewalks. Mr. Jerry Grenz stated the signage being proposed would nat (by law) ultimately lower the speed limits. 90.8 Motion was made by Harvey, seconded by Sindt to stripe the existing road on one side with a white stripe painted six feet off the-south curb line along 170th Street and six feet off the west curb line of Jaguar Path, with restricted parking on the striped sides of each street for as long as 170th Street serves as a minor collector, and "Winding Road" signs installed with 20 MPH advisory speed plates to be placed in each direction 100 to 200 feet in advance of the curve near 9950 170th Street. In addition, staff is directed to obtain estimates from three qualified construction companies for the cost of sidewalk installation as required in the original development contract with Arcon Construction, and Arcon Construction CITY OF LAKEVILLE COUNCIL MEETING JANUARY 2, 1990 PAGE 8 will place in escrow with the City the amount of the lowest estimate. The City would then transfer the escrowed amount, with interest, to the Lynwood North Homeowners Association when it is officially organized, {when 50% of the lots are under separate ownership). Councilmembers discussed whether these funds should eventually end up in the hands of the Homeowners Association, and reached a consensus that since the funds were initially paid by each homeowner at the time of lot purchase, it should be transmitted back to them for fu- ture improvements. It was pointed out that restricted parking in the striped .area would improve safety and, unlike sidewalks, the striped area would be snow plowed in the winter. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. Ruh- mann abstained as he felt sufficient safety information was not pro- vided. Staff indicated that a letter containing the above motion will be sent to all residents with a timeline for implementation. The staff expects to have a status update to the Council by August 1st and October 1st. Staff also indicated that the approved signage will be installed immediately and the police department will pursue traffic enforcement, i.e., speeding. Bob Erickson recommended the City Council may want to direct the City Attorney to prepare an amendment to the development contract which would place future home owners on notice that sidewalks are not included in the Lynwood North subdivision. 90.9 Motion was made by Harvey., seconded by Sindt to direct the City Attorney to prepare an amendment to the development contract which would place future home owners on notice that sidewalks are not included in the Lynwood North subdivision. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Ruh- mann. 90.10 Motion was made by Harvey, seconded by Sindt that no certificate of occupancy be issued in any development where sidewalks.. are required until they are either in place or proceeds placed in escrow with the City and direct staff to review the ordinance concerning setback requirements in an effort to establish a sidewalk bench with a grade not to exceed 5%. . CITY OF LAKEVILLE COUNCIL MEETING JANUARY 2, 1990 PAGE 9 Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun. ITEM 12. 90.11 Motion was made by Sindt, seconded by Harvey to set a Council Work Session for 7:00 p.m. on January 29, 1990, at the City Hall confer- ence room. Roll call was taken on the motion. Ayes, Harvey,. Ruhmann, Zaun, Sindt. ITEM 13. Councilmember Sindt pointed out that semi trucks are using 185th Street to avoid the weigh station on Trunk Highway 50, which could potentially cause unanticipated deterioration of that city street. 90.12 Motion was made by Harvey, seconded by Ruhmann to adjourn the council meeting. Roll call was taken. Ayes, Ruhmann, Zaun, Sindt, Harvey. Time: 9:35 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk Du ne Zaun, a or