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HomeMy WebLinkAbout12-18-89 ~r CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 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: R. Erickson, City Administrator; K. Nelson, City Engineer; E. Knetsch, City Attorney; J. Robinette, Community Develop- went Director; D. Morey, Assistant Community Development Director; D. Feller, Finance Director; S. Michaud, Park & Recreation Director; D. Gudmundson, Chief of Police; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. Staff Announcements. City Attorney: Elliott Knetsch presented an ordinance which the council authorized the City Attoney's office to draft concerning requirements for city approval of licenses, permits or other city approvals as regulated by the City Code. The Council agreed to place the draft ordinance on a future work session agenda for further consideration. 89.457 Motion was made by Sindt, seconded by Harvey to acknowledge receipt of a draft ordinance concerning requirements for city approvals. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. City Engineer: None. City Administrator: Bob Erickson requested the Council amend the agenda to include consideration of Item 28a, a quit claim deed which would correct the legal description on the Amelia Sauser property at 20795 Hollins Avenue; and Item 28b, an ordinance amending Title 3, Chapter 1 of the City code concerning Sunday liquor sale hours. Chief of Police: Don Gudmundson presented the Police Department monthly report for November, pointing out that 911 calls continue to exceed 1988 totals. The Council commended the Department for its excellent work and the outstanding image it portrays. Citizen Comments: There were none. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Presentations/Recognitions: Elizabeth Halbach, Chamber of Commerce Executive Director, requested the council consider a proclamation, Celebrate Minnesota 1990 Celebra- tion. She explained that the governor made this proclamation to celebrate the U.S. Olympic Festival in 1991, and stated that the Lakeville Chamber is participating in the celebration. 89.458 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 89-177 proclaiming Celebrate Minnesota 1990 Celebration in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Ms. Halbach announced that Councilmembers Nelson and Enright will be honored at the Chamber of Commerce Christmas Party on December 20th. Mayor Zaun then spoke in appreciation of Councilmember Enright's many years of dedicated service to the community, serving on the Park & Recreation Committee, Planning Commission and City Council. Additions/Deletions to Consent Agenda: Councilmember Sindt removed Item 7d, application of Sam's Arcade & Billiards for mechanical amusement devices. The Council discussed, and added the following regular agenda items to the eonsent agenda: Item 13, Installation of street lights for intersection lighting; Item 15, Vacation of temporary watermain construction easement in Cedar Highlands; Item 21, Receive bids on heavy duty chassis for the Fire Department; Item 22, Receive bids for two-way public works radios; Item 28a, Quit Claim Deed for Amelia Sauser property; Item 28b, Ordinance amending Title 3, Chapter 1 of the City Code concerning Sunday liquor sale hours. Councilmember Harvey recommended adding a third item to the Other Business agenda, consideration of allowing a City employee to carry over unused vacation hours to the next year. 89.459 Motion was made by Harvey, seconded by Nelson to approve the consent agenda as amended. a. Approve minutes of the December 4, 1989, council meeting. b. Claims for payment. c. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, December 6th Planning Commission, December 12th Natural Resources Committee, November 21st/December 5th Economic Development Commission, November 28th Cable TV Board, November 28th d. (This item removed from Consent Agenda). 2 i ! ~ ~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 e. License renewals for 1990. 1. Non-intoxicating malt liquor. 2. Cabaret. 3. Cigarette. 4. Mechanical Amusement Device. 5. Garbage, Rubbish, Recyclable Material Collectors. 6. Taxi Cab. f. Resolution adopting wage schedule for Liquor employees. g. Cherryview 1st Addition; final acceptance of improvements. h. Resolution amending the 1989 budget. i. Resolution establishing 1990 sewer and water connection charges. j. Resolution establishing 1990 Minn. state aid assessment rates. k. Lake Vi11a Golf Estates 4th Addition; storm sewer area assessments and credits. 1. Project 86-15, Ipava Avenue and 165th Street; final payment and acceptance of improvements. m. Project 87-14, 185th Street/I-35 to T.H. 50 and T.H.. 50 turn lanes; final payment and acceptance of improvements. n. Assessment Appeal Settlement Agreement with Fredrick Rgnonti, Improvement Project 89-2. o. Resolution No. 89-182 modifying the policy for compensatory time accumulation and use, Policy 4~4 in the Employee Handbook. p. Resolution No. 89-183 modifying the policy for Employee Insurance. a. Life Insurance b. Hospital, Medical and Surgical Insurance q. Approval of change orders No. 2, 4-20 for city hall. r. Lakeville Chamber of Commerce; gambling license application. s. Specifications for a 62 H.P. rubber tired backhoe for the Street Department; set bid date for January 9, 1990 at 10:00 a.m. 13. Approve installation of street lights for intersection lighting. 15. Approve Resolution No. 89-186 vacating a temporary watermain con- struction easement in Cedar Highlands. 21. Approve Resolution No. 89-1$9 receiving bids on a heavy duty chassis for the Fire Department, and awarding contract to the lowest respon- sible bidder, Astelford's. 3 i ~ • ! CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 22. Approve Resolution No. 89-190 receiving bids for two-way public works radios and awarding contract to the lowest responsible bidders, Two-Way Radio and CommCenter. 28a. Approve a Quit Claim Deed from the City to Amelia Suaser, correcting the legal description for her property at 20795 Hollins Avenue. 28b. Adopt Ordinance No. 399 amending Title 3, Chapter 1, of the Lakeville City Code concerning Sunday Liquor Sale Hours. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 7d. Councilmember Sindt questioned Mr. Sampson's letter of November 6th referencing a crane game at the Enggren Mall. Mr. Sampson explained that the game, which is not allowed by Lakeville ordinance, has been removed from that location. 89.460 Motion was made by Sindt, seconded by Nelson to approve the applica- tion of Sam's Arcade & Billiards for a license to operate 19 mechani- cal amusement devices at the McStop Convenience Center. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item #8. Mayor Zaun opened the public hearing on the proposed assessments to Improvement Project 88-15, 199th Street multi-purpose trail and utility improvements. The City Clerk attested to legal notices published and mailed. Keith Nelson presented a breakdown of the project costs, with the total project cost being $112,358.83. He explained that the original feasibility report dated August of 1988 estimated the project at $263,925 with assessments at $73.72 per front foot. After several revisions were made, reducing the scope of street construction and a scaled down project, the final project cost ordered by the City Council was $72,236, with assessments at $34.51 per foot. Total amount assessed to the benefitting property owners was $86,015.07. The City will be financing $18,978.11 from the Trunk Utility Fund and $7,365.64 from the Park Trail Fund. The trails and utility services required in the Marion Pines development agreement were put in publicly as part of this project rather than privately through the developer's contractor. The total assessment to Lake Marion Pines Corporation is $39,053.40. 89.461 Motion was made by Harvey, seconded by Nelson to close the public hearing. 4 • ! ~ • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.462 Motion was made by Nelson, seconded by Sindt to approve Resolution No. 89-184 adopting the assessment for Improvement Project 88-15, 199th Street West Multi Purpose Trailways and Utility Improvements. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 9. Mayor Zaun opened the public hearing on the certification of delin- quent utility accounts in Districts 1, 3, 4, 5 and closed accounts. The City Clerk attested to the publication and mailing of legal notices. Dennis Feller explained the policy of assessing unpaid utility accounts to the property owner's taxes in an effort to protect the City. Councilmember Sindt pointed out that certain names continue to appear on these certification lists, and asked if anything can be done about these individuals who continually fail to pay their utility bills. Bob Erickson explained that ample notice is given to property owners, and the consequences of allowing these accounts to become delinquent is explained to them. He further stated that the County Auditor's office is to be commended for allowing these charges to be certified this late in the year for collection in 1990. 89.463 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.464 Motion was made by Harvey, seconded by Nelson to approve Resolution No. 89-185 certifying unpaid water, sewer and street lighting charges to the County Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 10. Keith Nelson presented the traffic study prepared by Strgar, Roscoe, Fausch for the proposed Kindercare Learning Center at the corner of 175th Street and Junelle Path. The report reviewed the access for the Kindercare facility and recommends approval of the site plan proposed by the applicant with separate driveways between Mr. Sparkle Car Wash and the Kindercare learning facility. Mr. Nelson stated that other 5 • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 recommendations in the traffic study regarding traffic and transporta- tion along Trunk Highway 50 near 175th Street and I-35 could be discussed at a future work session of the City Council if they so choose. The mayor and council members concurred with Mr. Nelson's recommenda- tion. Bob Erickson stated he had recently met with most of the businesses in that area and shared the information of the Strgar, Roscoe, Fausch report with them. He indicated they seemed quite receptive to the long range transportation plans for the area and would like to be an active part of the planning process. Mr. Erickson recommended transmitting copies of this report to the area businesses and residents. 89.465 Motion was made by Harvey, seconded by Nelson to receive the traffic study for the proposed Kindercare Learning Center prepared by Strgar, Roscoe, Fausch dated December 8, 1989. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 11. Jim Robinette briefly outlined the conditional use permit request of Kindercare Learning Centers for a daycare facility at the intersection of 175th Street and Junelle Path. He stated the staff recommended approval of the conditional use permit with the nine conditions as listed. He also stated that the Planning Commission's findings of fact have been transmitted to the Council for their review. Mr. John Finnamore of Kindercare Learning Centers, stated he concurred with the recommendations of the traffic report prepared by Strgar, Roscoe, Fausch, at his firm's expense, and requested the council's approval. Mr. Lynn Peterson, owner of Mr. Sparkle Car Wash, objected to having to dedicate a five foot drainage and utility easement around the interior of the Mr. Sparkle Car Wash and Kindercare property lot lines. Mr. Peterson was concerned that the easement agreement drafted by the City Attorney will not pay restitution to the property owner for the loss of trees and/or grass due to utility work being performed in the easement area. Mr. Erickson explained that an administrative subdivision had been done on Mr. Peterson's property several years ago, and certain fees were not required at that time. He explained that if the property were platted normally, the easements would have been there. He further stated that an easement of this type would most likely be beneficial to the property owner. b i • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 89.466 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's findings of fact and grant a conditional use permit to Kindercare Learning Centers, Inc. to construct a 133 capacity day care center at the northwest corner of 175th Street and Junelle Path, with the nine conditions as listed in the conditional use permit. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 12. Daryl Morey gave an overview of a request from McDonald's Corporation for an amendment to the planned unit development to allow an addition to their existing storage building at 21049 Kenrick Avenue. He stated that the Planning Commission recommended approval of the 416 square foot addition with four stipulations as follows: 1. Landscape plan be submitted for staff approval prior to the issuance of a building permit. 2. Curb island where storage building is located shall have a six inch perimeter concrete curb barrier around the entire island. 3. Exterior storage building addition materials shall match the exterior building materials of the McDonald's Restaurant. 4. Storage building shall be used for storage of non-edible items. Councilmember Sindt asked what types of items are proposed to be stored in this building, and the applicant indicated paper products, packaging, etc. Councilmember Harvey asked why the requirement for non-edible items, and staff explained that the State Health Department approval would be required if edible items are being stored. 89.467 Motion was made by Sindt, seconded by Harvey to approve the applica- tion of McDonald's Corporation for a planned unit development amend- ment to allow a 416 square foot addition to their existing storage building at 21049 Kenrick Avenue, with the four stipulations as listed. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 14. Daryl Morey introduced the request of Timothy J. Peterson, Southfork Snyder Drug, and Leonard Gephart, Gephart's Furniture, for a planned unit development amendment to the Southfork Shopping Center. He explained that the two businessmen want to subdivide the property into two separate parcels of record, with each parcel under separate ownership. They are also proposing changes in signage, as addressed in the Planning Consultant's report dated December 4, 1989. 7 CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Mr. Peterson and Mr. Gephart were present and explained their inten- tions to rejuvenate this retail center with their ownership and knowledge of the businesses and area. They indicated they are working with an entrepreneur who is planning a "Berries" grocery store and deli in the center. They indicated the sign stipulations as recom- mended by the Planning Commission will be met, further indicating that the two buildings will be promoted as one center. 89.468 Motion was made by Harvey, seconded by Nelson to approve an Amended Planned Unit Development Conditional Use Permit agreement with Leonard N. Gephart and D & T Property,. Inc. for Southfork Shopping Center subject to the conditions listed in the Planning Consultant's report dated December 4, 1989. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 16. Mayor Zaun indicated that several affected residents had contacted him, which included a letter and petition. 89.469 Motion was made by Harvey, seconded by Nelson to acknowledge receipt of a petition dated December 13, 1989, from Ken and Linda Sidwell. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Keith Nelson gave a background presentation on the Lynwood North sidewalk issue, stating that the developer, Arcon Construction, had decided not to install sidewalks along 170th Street, as recommended in the Lynwood North development agreement, at the time of street construction because of the potential damage they would experience during construction. He went on to explain that the developer feels the construction of sidewalk at this time would be difficult, taking into account the 60 foot right-of-way and all the obstacles in the remaining 10 foot boulevard; i.e. hydrants, light poles, telephone pedestals, underground sprinklers, landscaped boulevards, sharp grades, etc.. Mr. Nelson explained that an informational meeting was held on August 17, 1989, between the Lynwood North residents, Arcon Construction and City staff. Most residents in attendance at that meeting stated they were not in favor of the sidewalk installation because of the above mentioned reasons. Because 170th Street is not designated a collector road, the sidewalk is not a requirement. Arcon Construction then made a proposal, which the City staff and residents in attendance at the August 17th meeting accepted, to place $19,400.00 in an escrow account with the City as a contribution to the 8 • ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Lynwood North Homeowners's Association in lieu of sidewalk installa- tion along 170th Street. At such time as the Homeowner's Association is activated, the City would turn over the funds, including interest, to the Association. Staff then received a petition on September 28, 1989, from Lynwood North residents who were in favor of sidewalk or some alternative on 170th Street in the Lynwood North Addition. These residents felt the sidewalk was necessary for safety reasons, and did not accept Arcon Construction's proposal to escrow the funds into the Homeowners Association. Property owners representing both sides attended a second neighborhood meeting on November 30th. Councilmember Sindt asked the staff how many lots in Lynwood North have been built on to date, and staff indicated 34 out of a total 160 lots have homes on them. Councilmember Nelson asked who would be responsible for snow removal on sidewalks in front of vacant lots, and staff indicated that since 170th Street is not a collector street, it is considered low priority by the Street Department and would, therefore, be the responsibility of the area homeowners. The Council and staff discussed the possible alternative of an eight foot painted shoulder along one side of the street to keep traffic centered in the roadway. The staff recommended striping the north side of 170th Street between Ipava and Jaguar Avenue and the east side of Jaguar Avenue north of 170th Street. Keith Nelson stated the striping may be temporary until future 167th Street is constructed, as 167th Street is a collector road and would be constructed with sidewalks. Councilmember Harvey stated he felt the developer should be required to escrow the full amount rather than half the cost of sidewalk construction. Scott Johnson, Arcon Construction, stated he agreed to fund the homeowners association but felt the sidewalks were an additional requirement that would not normally be required in this type of subdivision. 89.470 Motion was made by Sindt, seconded by Harvey to receive petitions dated September 27th and September 25th from Lynwood North homeowners. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Councilmember Nelson asked what the money in escrow would be used for by the Homeowners Association, and residents in attendance stated they would elect a Board of Directors and all homeowners would have a voice as to what the money would be used for. 9 i i • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Mr. Ken Sidwell spoke in favor of sidewalks, pointing out that the safety of their children should be considered first and foremost, while other residents pointed out that 170th Street is not the only street in the city with no sidewalks and felt they would be better served without them. Robert Erickson pointed out that new homes are constantly being built, with new residents joining the neighborhood. He felt the sidewalk was ill conceived in the context of the existing grades. Tremendous grade differentials with retaining walls and rails would be required to get some sections of the sidewalk built at this time. He reminded the residents in attendance that damage to their yards/landscaping at this time could cause a reduction in their property values. He stated he felt the sidewalk should have been completed prior to the issuance of a certificate of occupancy for each home. Mr. Erickson recommended one solution, that being a curb sidewalk on the south side of the street, where few utilities are located. He urged the Council to either direct the neighborhood to come back to the Council with their needs and alternatives or make the decision on the installation, in an effort to resolve the matter without further division in the neighborhood. Councilmember Enright proposed a motion to table the matter to allow staff to study possible alternatives. Bob Erickson suggested the following options could be further considered and reviewed by the staff at the developer's expense. 1) Curb sidewalk. 2) Four to five foot sidewalk on one or both sides. 3) Safety improvements as outlined in petition dated 12/13/89. 4) Do nothing. 89.471 Motion was made by Enright, seconded by Sindt to table the Lynwood North sidewalk issue until the January 2, 1990 Council meeting and authorize staff to study the four options as recommended by Mr. Erickson. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Nays, Harvey. Councilmember Harvey stated he feels the problem should be dealt with immediately, and that this approach is not a healthy and positive one to take. Item 17. Keith Nelson presented two forms of resolutions which would adjust the City's storm sewer area charges for trunk storm drainage improvements to reflect current construction costs. He indicated the staff recommends an approximate 4.4% increase in rates for 1990. The first form of resolution (Exhibit A) would reflect past and present policy. The resolution recommended by staff (Exhibit B) would allow area 10 • ~ • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 assessments on developing property, including administrative subdivi- sions, multiple dwellings, except duplexes, commercial, industrial and institutionaal parcels of land. He pointed out that if the Council chooses to approve this draft of the resolution, an ordinance amend- ment to allow these changes in policy for assessment must first be adopted. Mayor Zaun suggested that if the Council wishes to adopt Exhibit B, the resolution should be reviewed by the Economic Development Commission, since it would have some impact on commercial/industrial property. 89.47.2 Motion was made by Harvey, seconded by Sindt to direct the staff to refer the storm sewer area charge resolution (Exhibit B) to the Economic Development Commission and direct the City Attorney to prepare the necessary ordinance amendment to be considered by the City Council at the January 16th meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 18. Elliott Knetsch informed the Council that the settlement agreement wtih Consumers Realty & Development Company has been executed, although no check has been received from Mr. Grohoski. Mr. Erickson explained that Mr. Grohoski's attorney advised that no payment be made to the City until after the agreement has been executed by the City. He suggested the Council authorize Mayor Zaun to sign the agreement, and upon receipt of a certified check from Mr. Grohoski, the City Clerk will sign it. 89.473 Motion was made by Enright, seconded by Harvey to approve a Settlement Agreement with Consumers Realty & Development Company and authorize the Mayor to execute the agreement; and contingent on receipt of a cashier's check in the amount of $43,848.13 prior to 4:30 p.m. on December 19, 1989, authorize .the City Clerk to execute it. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 19. Bob Erickson presented a resolution which would accept the donation of Outlot B, Donnay's Valley Park 5th Addition, from Speedy Markets, Inc. (Schroeder Milk Company) to the City of Lakeville. He stated that the site could possibly be used in the future for right-of-way or as a well site. He expressed the City's appreciation for their willingness to donate the land. 11 • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 89.474. Motion was made by Enright, seconded by Harvey to approve Resolution No. 89--188 accepting the donation of Outlot B, Donnay's Valley Park 5th Addition, from Speedy Markets, Inc., and transmit a copy of the resolution to them. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 20. Mayor Zaun explained the Council's intent to keep the re-appointment of members to advisory committees open to the public., as well as the present committee members. All interested persons would be required to apply and be interviewed by the Council. 89.47,5 Motion was made by Sindt, seconded by Harvey to receive letters (on file in the City Clerk's office) from committee members who wish to be re-appointed in 1990, and receive a proposal from Councilmember Sindt which would provide for community wide representation on advisory committees. Roll call was taken on the notion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Councilmember Sindt explained the purpose of her proposal is to balance the representation on the advisory committees so that all geographic areas (voting precincts) of the City are equally represented on each coimmittee. She requested the Council consider this proposal at a future work session. Councilmember Sindt suggested the Economic Development Commission be excluded from this proposal, since those members are required to have qualifications of a specialized nature. She also suggested the Cable TV Board be excluded from the proposal, as these members have been appointed with their expertise considered, and recommended the school representation be rotated to include the Farmington School District. 89.476 .Motion was made by Sindt, seconded by Harvey to include Councilmember Sindt's proposal as a future work session topic. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 89.477 Motion was made by Sindt, seconded by Harvey to accept the resignation of Warren Walters from the Planning Commission and Vernon Jensen from the Natural Resources Committee. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 12 • • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Item 23. Mr. Kirby Payne and Mr. David Edwards appeared before the Council on behalf of the Super 8 Motel liquor license. They expressed their apologies for their failure to submit the license applications to the City in a timely manner. Don Gudmundson explained that the applications have been received by the Police Department, but final investigations have not yet been completed. He suggested the Council consider holding a special meeting the last week in December to consider approval of the liquor license. 89.478 Motion was made by Enright, seconded by Sindt to set a special council meeting for 7:30 a.m. on December 28, 1989, at city hall to consider approval of an on-sale and Sunday liquor license for Super 8 Motel. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 24. Bob Erickson explained that a settlement has been reached with Law Enforcement Labor Services on behalf of the police officers and sergeants for 1990 and 1991. The new contract reflects a 4% wage increase in 1990 and a 4.5ti increase in 1991. The council commended the police department's outstanding group of officers. 89.479 Motion was made by Harvey, seconded by Enright to approve the Labor Agreement between the City of Lakeville and Law Enforcement Labor Services, Inc. Local No. 128, Police Department Essential Employees., 1990 and 1991. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 25. Bob Erickson informed the Council that L.E.L.S. were not able to provide the contract document for Police Department Local No. 129 in time for tonight's meeting, but they have indicated it would be available for council consideration at the January 2nd meeting. 89.480 Motion was made by Harvey, seconded by Nelson to table consideration of a contract with Law Enforcement Labor Services on behalf of Local No. 129, Police Department non-essential employees, until the January 2, 1990, Council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 13 • • s • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Item 26. Steve Michaud stated the two lots being donated to the City by Kenneth & Rita Schoenike may prove to be valuable in the future with respect to construction of trail corridors along County Road 44. 89.481 Motion was made by Enright, seconded by Sindt to approve Resolution No. 89-191 accepting the donation of Lots 1 and 2, Block 26, Orchard Lake Addition from Kenneth & Rita Schoenike and transmit a copy of the resolution to the Schoenike family. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 27. Bob Erickson explained that the Minnesota Valley Humane Society is requesting financial assistance from Lakeville in the amount of $11,354 for the construction of an animal shelter in Dakota County. Mr. Erickson suggested the City respond to the Humane Society with the position that Lakeville has experienced significant cut-backs in state aids and is attempting to move away from contractual animal control and start a city animal control program. He would also suggest to the Humane Society that they provide firm commitments from all other Dakota County cities. Mayor Zaun suggested the City set a fee structure in a future budget in the amount that Lakeville feels is appropriate. Councilmembers concurred with Mr. Erickson's suggestions to share Lakeville's financial picture with the Humane Society and indicate that Lakeville endorses their project but wishes to further review the request with the 1991-1992 budget. 89.482 Motion was made by Harvey, seconded by Nelson to extend the Council meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.483 Motion was made by Harvey, seconded by Nelson to authorize the City Administrator to respond to the Minnesota Valley Humane Society's request for financial assistance to construct an animal shelter in Dakota County as per the above discussion. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Other Business 28c. 89.484 Motion was made by Harvey, seconded by Enright to approve the carry-over of up to 100 vacation hours for the Finance Director in 1990, with the provision that those hours be used in calendar year 1990. 14 • ~ ! • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 18, 1989 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.485 Motion made to adjourn; ayes, unanimous. Time: 10:43 p.m. Respectfully submitted, Charlene Friedges, City C rk J Du ne Zaun, Ma o 15