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HomeMy WebLinkAbout08-07-89 w; ~ • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Nelson, Enright, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; P. Farrell, City Attorney; J. Potz, Engineering; S. Michaud, Park & Rec. Director; D. Gudmundson, Chief of Police; D. Morey, Community Development; Chris Oace, Media Consultant. Staff Announcements: Attorney: None Engineer: None Administrator: B. Erickson recommended the council consider removal of Item 7i from the consent agenda for further discussion. Citizen Comments.: Mayor Zaun read a letter of appreciation from the Ken Zack family to the City of Lakeville Public Works Department for the installation of a guard rail at 215th Street and Keokuk Avenue. He forwarded the letter to the City Administrator and asked him to present it to the Public Works employees. Presentations/Recognitions: Steve Michaud introduced a new member of the Parks Maintenance Department, John Schad, and his wife Deb. He gave the council a short background of Mr. Schad's experience and involvement in park mainte- nance work. Additions/Deletions to Agenda: The following items were removed from the consent agenda by consensus of the City Council: Items 7e; 7i and 7j. The following items were added to the consent agenda by consensus of the City Council: Items 8 and 15. Consent Agenda: 89.283 Motion was made by Harvey, seconded by Nelson to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. ~ i~ 2 ' • • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 a. Approve minutes of the July 17, 1989, council meeting. b. Claims for payment. c. Receive minutes of the following advisory committee meetings: a. July 18th Natural Resources Committee b. July 19th and July 12th Park and Recreation Committee c. July 20th Planning Commission d. July 25th Economic Development Commission d. Receive June 30th financial reports for the General, Liquor and Utility Funds. e. Removed from consent agenda. f. Receive the 1988 Fire Department Relief Association financial report. g. Approve change order 4~1 with Friedges Landscaping for city hall earth work in the amount of $2,524. h. Resolution 89-102 authorizing staff to submit 1989-90 LAWCON LCMR grant application for Casperson Park. i. Removed from consent agenda. j. Removed from consent agenda. k. Approve application of the Lakeville Band Boosters for a gambling event at the High School on November 12, 1989. 1. Approve application of Franciscan Retreat House for a gambling event at the Chart House on September 11, 1989. m. Approve change order No. 1 in the amount of $15,536.68 with Friedges Landscaping for Howland Avenue improvement project 89-3. n. Approve change order No. 1 in the amount of $8,730.00 with Valley Paving for Flagstaff Avenue improvement project 88-19. o. Approve plans and specifications and authorize advertisement for bids on Kingsley Cove project 89-7. (Resolution 89-103) p. Approval of final payment to Kirkwold Construction and acceptance of Shady Oak Shores storm sewer improvements. q. Approval of final payment to Keys Well Drilling and acceptance of Well No. 8 project 88-17A. 2 ~ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 r. Approval of final payment to Kirkwold Construction and acceptance of high pressure watermain conversion project 88-11. s. Approval of storm sewer credits and addendum to the development agreement for Highview Heights 1st, 2nd, 3rd and 4th Additions. t. Approve change order No. 1 in the amount of $2,240.00 with Friedges Landscaping for Casperson, North and Independence Parks. u. Resolution 89-104 setting salaries for park and recreation instruc- tors and part time employees. v. Approve easement agreement and temporary construction easement with Clarence A. and Mary Patricia Ratzlaff, project 89-5. w. Approve easement agreement and temporary construction easement with Robert F. and Lorraine Adelmann, project 82-9, and Resolution 89-105 authorizing Robert Adelmann settlement. 8. Approval of Lynwood North 5th Addition grading permit. 15. Approve final draft of I-35W Joint Powers Agreement. Item 7e. Dennis Feller presented the Comprehensive Annual Financial Report for 1988. The council commended the Finance Department for their hard work in preparing this comprehensive, professional document which is easy to read and understand. Dennis explained that with the help of the city's auditors, George M. Hansen Company, the city is eligible to make application to receive a certificate of achievement award from the Government Finance Officers Association for excellence in financial reporting. Bob Erickson commented that Moody's Investors will take the quality of this financial report into account as they review our bond rating in the future. 89.284 Motion was made by Harvey, seconded by Sindt to receive the 1988 Comprehensive Annual Financial Report. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 7i. The city administrator explained that he concurs with the engineer's recommendation to retain the firm of Orr, Schelen, Mayeron & Associ- ates, Inc. to prepare a storm water outlet plan for Lee Lake Estates, but he does not recommend approval of a Standard Form of Agreement Between Owner and Engineer for Professional Services, which would allow the City to retain the firm for future projects. He stated he 3 .1 ~ • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 would prefer to see the council interview consulting firm(s) in an effort to establish an appropriate consultant/council relationship prior to approval of a standard form of agreement. Pat Farrell recommended we draft a standard contract that all consult- ants would operate under. Councilmember Harvey recommended, based on past experience, that a provision be incorporated into the agreement regarding the City's property rights. 89.285 Motion was made by Enright, seconded by Sindt to authorize Orr, Schelen, Mayeron & Associates, Inc. (OSM) to prepare a storm water outlet plan for Lee Lake in an amount not to exceed $4,800, and authorize the City Attorney to tailor an agreement with OSM to fit this project, which would include the costs involved. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item. 7 j . Councilmember Nelson expressed his concern over the cost of preparing a feasibility report and questioned whether the property owners involved are fully aware of the costs that would be incurred by them. Councilmember Enright stated she feels the residents involved have a high degree of interest and are aware of the potential costs. The city administrator suggested the staff write a letter to all the property owners involved informing them that the council is consider- ing this project and request their presence at an informational meeting on August 21st. This would give the council the opportunity to consider any comments and answer questions that the residents may have before actually ordering preparation of a feasibility report. He suggested we clearly state in the letter that this meeting is not in lieu of the required public hearing, as per MS 429. 89.286 Motion was made by Harvey, seconded by Nelson to receive the petition for sewer, water and streets on Judicial Road from 168th to 175th Streets and authorize staff to send a letter to the property owners advising them of an informational session at the next council meeting in which their comments and questions can be addressed prior to ordering a feasibility report on this project. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 9. Daryl Morey explained that the Planning Commission recommended approval of an ordinance rezoning the Friedges Landscaping property south of County Road 64 and west of Dodd Boulevard from B-4 to PUD 4 ~ ~ • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 based on the six conditions listed in the Planning Consultant's report of July 13, 1989. Mr. Morey made two additions to these conditions as recommended by the Chief Building Official. They are: Condition X62. The applicant administratively subdivide the property as per the certificate of survey dated 1/10/89 and the letter from the city administrator dated 1/12/89, to establish the site boundaries defined in the site plan. Condition 9~6. e. The building must meet the Minnesota State Building Code requirements for a commercial structure. The applicant stated he has no objection to the proposed additions. 89.287 Motion was made by Harvey, seconded by Enright to adopt Ordinance No. 385 rezoning from B-4 to Planned Unit llevelopment the Friedges Landscaping property located south of County Road 64 and west of Dodd Boulevard based on the Planning Commission's findings of fact and the planning report dated 7/13/89, including the changes recommended by Mr. Morey. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 10. Daryl Morey stated he has no additional comments on this item as it is fairly straight forward. The applicant, Vernon Lovstad, stated he has no objection to the planning department's recommendations. Councilmember Harvey asked why some of the conditions (landscap- ing/shrubbery and dumpster screening) set forth in the original conditional use permit dated April 18, 1988, had not been met. Mr. Lovstad explained that the landscaping plan has been completed, but that they had decided to postpone the work until after the building addition is completed. He explained that the fenced in area for the dumpster is now housing a lawn mower, but they intend to find a new home for it and place the dumpster in that area. 89.288 Motion was made by Enright, seconded by Sindt to approve the amended conditional use permit .for building expansion at Messiah Lutheran Church located at 167th Street and Highview Avenue based on the Planning Commission's findings of fact and recommendations. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 11. Steve Michaud explained the vehicle and boat trailer parking capacity problems in the Orchard Lake Park area due to increased popularity of Orchard Lake. He went on to explain that he and the Chief of Police 5 CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 met with two of the residents from the Orchard Lake area, and they concluded that posting the -area with restrictive parking signs would be the only solution. Bob Peterson spoke on behalf of the residents and expressed their concerns over parking, safety and the amount of boat traffic on the lake. He stated they feel they are being infringed on as home owners. Hes stated that 90 to 100 percent of the area homeowners support the installation of restrictive parking signs during the summer months. He stated that the boat trailers are causing the problems, as opposed to cars without trailers, and did not feel the signs were necessary during the winter months. Steve Michaud stated that Loren A. Gasterland requested the city to post "private property" signs on his property at the corner of 175th Street and Kodiak Avenue to prevent trailer parking. The council acknowledged his request. The City Attorney recommended the purchase of more than one sign, with the police department's determination as to where they should be located. He cautioned the staff to carry out this project in an enforceable fashion. 89.289 Motion was made by Harvey, seconded by Sindt to adopt a Resolution No. 89-106 authorizing staff to install signs, in an enforceable manner, prohibiting parking of vehicles with trailers behind them on Kodiak Avenue, Kodiak Court and 175th Street between Kodiak Avenue and Judicial Road near Orchard Lake. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.290 Motion was made by Sindt, seconded by Harvey to receive the Orchard Lake Boat Trailer Parking Restriction Petition requesting restrictive parking signs be posted prohibiting boat trailer parking on either side of the street on all of Kodiak Avenue, Kodiak Court and all of 175th-Street from Kodiak Avenue to Judicial Road. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 12. The city administrator explained that an ordinance had been adopted in 1970 that combined the positions of clerk and treasurer. After careful consideration of this ordinance, he came to the conclusion that the functions should be separated from each other and from the administrator's position in an effort to serve the council and community in a more efficient manner. Councilmember Sindt commented that the scope of the community has changed drastically since 1970, and that this ordinance amendment is more than appropriate. 6 • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 89.291 Motion was made by Sindt, seconded by Nelson to adopt Ordinance No. 386 amending Title 1 of the Lakeville City Code concerning the City Clerk and City Treasurer. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 13. Dennis Feller presented the preliminary 1989/90 tax levy and briefed the council on the requirements of the truth in taxation law passed by the legislature in 1988 for the purpose of informing tax payers of what impact the following year's tax levy will be prior to budget approval. He went on to explain that the 1989 legislature decided the truth in taxation law is un-workable, but the omnibus tax bill was vetoed by the governor. Mr. Feller recommended the council consider adopting the 1989/90 pre- liminary tax levy by a resolution with the following language, "...that the preliminary ad valorem tax levy payable 1990 in the amount of $5,535,632, less estimated local government aid of $1,069,582, for a net tax levy of $4,466,050, is hereby approved...". The purpose of showing the gross levy less the local government aid (LGA) was in the event the legislature changed the estimated alloca- tion for LGA prior to city certification of the final tax levy. Mr. Feller explained that the council has established previous levies based on $188 per capita in prior years. The certification of the proposed levy as presented represents a four percent increase in the per capita levy, which equates to $196 per capita. Councilmember Sindt commented that the amounts shown in the proposed tax levy are the dollar amounts the city will have to abide by. She also pointed out that once proposed levy is adopted/published, the City can decrease, but cannot increase, the levy. Dennis stated that the final levy must be adopted prior to October 25th. 89.292 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 89-107 adopting the preliminary 1989/1990 tax levy. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 14. Chris Oace asked for any questions from the council on his recommenda- tion to award the audio/visual package for City Hall to MTS. Northwest Sound, Inc. The council had no questions. Bob Erickson pointed out that three of the four cameras would be ordered initially, and if the image resolution is satisfactory at that point, the fourth camera could be ordered and installed. 7 • S ~ , C • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7,.1989 89.293 Motion was made by Harvey, seconded by Nelson to receive the bids and award a contract to MTS Northwest Sound, Inc. for the city hall audio/visual package, and to obtain the additional funding from the building fund. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Mayor Zaun pointed out that the progress and success of the new city hall is a result of good cooperation by the City Council. Other Business. The following matters were pointed out and discussed by the council: 1. Signs on private property and public right-of -way that are derogatory to a city employee/elected official. Council asked the city attorney to look into the matter. 2. Is the I-35 billboard equipped with lighting? Staff will verify. 3. Property on 160th Street where a house had burned - weeds are tall and condition of property is unsafe. Police Chief will investi- gate. 4. Lance Johnson lot in Dakota Heights that was donated to the City, .did the proceeds go into the building fund? Finance will investi- gate. 5. Cutting of weeds along private road near sign, "La Cham Bord Estates" - is the city cutting weeds on this private property? Public Works will investigate. 6. Who is responsible for the upkeep of boulevards, front and back street frontage, property owners or city? Bob Erickson pointed out that some people are not aware of their total property ownership when purchasing a lot, and staff will take steps to inform property owners as to who is responsible for the upkeep of the boulevards. 7. Bob Erickson reminded the council of upcoming work sessions- committee meetings: August 14th, Interviews with advisory committee applicants. August 21st, Liquor Committee and Personnel Committee. August 28th, Consultant selection process. 89.294 Motion was made by Harvey, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, unanimous. 8 .t ` ~ • • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 7, 1989 Time: 8:47 p.m. Respectfully submitted, G Charlene Friedges, Acting ity Clerk D ane Zaun, Ma 9