HomeMy WebLinkAbout11-20-89 CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
The meeting was called to order at 7:05 p.m. by Mayor Zaun following an
executive session to discuss collective bargaining. 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; K. Nelson, City
Engineer; E. Knetsch, City Attorney; J. Robinette, Community Develop-
ment Director; D. Morey, Assistant Community Development Director; D.
Feller, Finance Director; S. Michaud, Park & Recreation Director; R.
Brekken, Recreation Supervisor; D. Gudmundson, Chief of Police; J.
Norton, O.S.M.; Charlene Friedges, City Clerk.
Staff Announcements:
Attorney: None
Engineer: None
Administrator: Bob Erickson reported that the Council will be asked to
consider under Other Business a resolution calling an assessment
hearing for Improvement Project 88-15, 199th Street improvements. The
Council agreed to amend the agenda to include Item 18a.
Erickson distributed the line item 1990 Budget document to the council
members and suggested they consider establishing a budget work session
under Other Business. The Council agreed to amend the agenda to
include Item 18b.
Chief of Police: Don Gudmundson presented the October Police Report
and highlighted sections of the report pertaining to traffic tickets,
adult arrests, juveniles detained and narcotic cases. He also com-
mented that communications activity at the Department was significantly
higher during the month of October.
Citizen Comments:
Mayor Zaun informed the Council, staff and citizens present that Ms.
Ruby Gallagher, the recipient of a quilt that was raffled off by the
Downtown Business Association at the September 16th Heritage Festival
and wants to display the. quilt at the new city hall. A formal presen-
tation will be made next spring.
Presentations/Recognitions: None
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
Additions/Deletions to Consent Agenda:
Item 7i, purchase of a confiscated vehicle, was removed from the
consent agenda by Councilmember Sindt. The Council agreed that the
following items be added to the consent agenda: Item 14, Dental
Insurance; Item 16, Vertical Power File for Building Dept.; Item 17,
Dance/Cabaret Ordinance; and Item 18a, Resolution for 199th Street As-
sessment Hearing.
89.422 Motion was made by Harvey, seconded by Sindt to approve the consent
agenda as amended:
a. Approve minutes of the November 6, 1989, regular council meeting.
b. Approve minutes of the November 8, 1989, special council meeting.
c. Approve claims for payment.
d. Receive minutes of the following advisory committee meetings:
Planning Commission, November 2, 1989
Parks & Recreation Committee, November 1, 1989
Cable TV Board, October 24, 1989
e. Receive specifications for a 1990 Heavy Duty single axle chassis
for heavy rescue vehicle for the Fire Department; and set a bid
opening for December 8, 1989, at 3:00 p.m.
f. Award bid for a 1989 Chevrolet 1/2 ton pick-up truck for the
Utility Department to Jeff Belzer's Todd Chevrolet ($10,750).
g. Resolution No. 89-157 calling public hearing on proposed assess-
ments for delinquent utility accounts in Districts 1, 3, 4, 5 and
closed accounts.
h. South Metro Task Force; approve 1990 Joint Powers Agreement.
i. (This item removed from consent agenda.)
j. Approve purchase of a Motorola Syntor X radio for the Police
Department. ($2,100)
k. Approve gambling license application from All Saints Catholic
Church to conduct Bingo in the church basement on Thursday nights
from January thru December.
1. Approve Resolution No. 89-158 discontinuing the Police Department's
use of the MPRS Testing System.
14. Award bid for dental insurance for Police Department union employ-
ees to Employee Benefits Plan 4~1, Option B, effective December 1,
1989.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
16. Authorize purchase of a Remstar vertical power file system from OLM
Equipment, Inc. in the amount of $12,590 for the Building Inspec-
tion Department..
17. Adopt Ordinance No. 394 amending Title 3, Chapter 5, of the
Lakeville City Code regulating dance halls and cabarets.
18a. Approve Resolution No. 89-162 calling a public hearing on proposed
assessments to Improvement Project 88-15, 199th Street West
M.P.T.W. and Utility Improvements.
Item 7i.
Don Gudmundson explained that the officer assigned to the South Metro
Drug Task Force has been using a vehicle seized by the Task Force as
the result of a drug bust. The Police Department is requesting Council
approval to purchase this vehicle from the South Metro Task Force for
the officer to drive during his Drug Agent duties. The vehicle is a
1988 Cutlass Supreme valued at $8,850.
Councilmember Sindt explained that she would like to see a policy
giving the direction the City would follow regarding funds and assets
made available through drug busts. Gudmundson stated the legislature
is proposing to clarify the language in current laws.
Mayor Zaun asked Gudmundson to send the council a report on this matter
as the information is made available to him.
89.423 Motion was made by Sindt, seconded by Harvey to approve the purchase of
a 1988 Cutlass Supreme from the South Metro Drug Task Force in the
amount of $8,850.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Items 8-9.
Bob Pulscher of Springsted, Inc. provided the Council a brief back-
ground on the sale of $1,575,000 General Obligation Improvement Bonds,
Series 1989A, to finance four Lakeville improvement projects. The
$1,475,000 General Obligation Equipment Certificates of Indebtedness,
Series 1989B, are necessary to finance public works, police, fire
apparatus, and park maintenance equipment.
Pulscher indicated that the bids were anticipated to come in at
interest rates of 6.79 and 6.60 percent. All bids came in below those
figures, with the low bids being from Norwest Investment Services, Inc.
at 6.40% and The Northern Trust Company at 6.10%. He went on to
explain that the market was very favorable because many banks were
recently investing in tax-exempt bonds.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
Bob Erickson pointed out that the certificates of indebtedness bond
proceeds can be re-invested by the City at a rate of 8 to 9 percent
without violating arbitrage.
89.424 Motion was made by Harvey, seconded by Nelson to receive bids, (as
attached to these minutes), and adopt Resolution No. 89-159 authorizing
the sale of $1,575,000 General Obligation Improvement Bonds, Series
1989A, to Norwest Investment Services, Inc. at a rate of 6.40%.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
89.425 Motion was made by Harvey, seconded by Sindt to receive bids, (as
attached to these minutes), and adopt Resolution No. 89-160 authorizing
the sale of $1,475,000 General Obligation Equipment Certificates of
Indebtedness, Series 1989B, to The Northern Trust Company, LaSalle
National Bank, at a rate of 6.10%.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
Item 10.
Keith .Nelson presented alternatives for the proposed improvement of
Judicial Road between 168th and 175th Streets. The alternatives were
discussed at an informational meeting the staff held on October 26th
with residents affected by the project. Keith explained that he felt
the majority of the residents who attended that meeting preferred to
see Judicial Road relocated south of Orchard Lake Beach further to the
west along a platted but non-existing roadway. A small, dead end,
street would remain along the south end of Judicial Road north of 175th
Street to serve the homes located on that street. This option,
referred to as "Alternative D", would reroute traffic along Lynch Path
and vacate the northern portion of Judicial Road.
Keith stated that staff recommends the firm of Orr Schelen Mayeron &
Associates prepare a feasibility report at a cost not to exceed
$21,960. OSM is requesting new aerial topography be completed for this
area at an estimated cost of $8,960, of which they would credit $4,500
toward their final design fee. The City could sell portions of these
mappings to developers.
Mayor Zaun asked the engineering staff to consider the pursuit of grant
money from the Minnesota Pollution Control Agency to help fund this
project. Jim Norton, OSM, stated his firm would investigate that
option.
Lon Hitch, a Judicial Road resident, asked the Council to keep in mind
that the residents who support the preparation of a feasibility report
don't necessarily want the project to proceed. He thanked the staff
for their time and cooperation with the area residents.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
Councilmember Sindt asked about the retaining wall located in the
project area, and Keith stated the wall could be hurried with the
excess fill from the east portion of the project.
89.426 Motion was made by Harvey, seconded by Nelson to adopt Resolution No.
89-161 authorizing the preparation of an engineering feasibilty report
for Improvement Project 89-9, Judicial Road from 168th Street to 175th
Street, for a cost not to exceed $21,960.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
Jim Norton, OSM, estimated the report would take approximately two
months to complete. Bob Erickson suggested another neighborhood
meeting be held prior to council receiving the report and calling a
public hearing. City Council concurred with Mr. Erickson's suggestion.
Item. 11.
Daryl Morey gave a brief background of the conditional use permit
request of Patricia Tennessen for a second driveway access on her
property at 11934 168th Street. Her driveway re-positioning (into a
horseshoe shape) is being done as a part of her home remodeling. Mrs.
Tennessen had already begun construction of the driveway when the
Building Inspector issued a stop work order because a conditional use
permit had not been approved. Mrs. Tennessen was not aware of the
conditional use permit requirement for a second driveway curb cut.
City staff has had concerns over parking and outdoor storage of
vehicles, recreation equipment and other equipment, and the operation
of commercial automobile repair on the property by Mrs. Tennessen's
sons. Daryl stated these concerns have been resolved between the
applicant and staff. He also stated that this item is being expedited
because the blacktop season is coming to an end.
Mayor Zaun asked Mrs. Tennessen if she had any difficulty with the six
conditions listed in the conditional use permit. She stated that she
and her two sons are willing to abide by the conditions as listed.
Councilmembers Nelson and Enright concurred with the Planning Commis-
sion's position that the horseshoe shaped driveway is, from a safety
standpoint, an improvement to this property.
89.427 Motion was made by Sindt, seconded by Enright to receive the Planning
Commission's findings of fact and approve the conditional use permit
for Patricia Tennessen for a second driveway access on her property at
11934 168th Street West.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
Item 12.
Jim Robinette provided a brief overview of the request of Heritage
Development Company for a temporary private access road into their
Highview Heights subdivision, and introduced the developer, Bill Huser.
Mr. Huser went on to explain that as a result of the Cedar Avenue
reconstruction, access into the Highview Heights area has been diffi-
cult. As a result, marketing of lots in this subdivision has been
unsuccessful.
The temporary road being requested would start at 160th Street and go
south through the 4th and 5th additions, joining the current Highview
Heights 3rd Addition. The road would be removed within two years after
construction. The City staff has reviewed the grading plans and
recommends approval; and the Dakota County Highway Department issued a
Permit for Work within County Highway right-of-way on May 31, 1989.
Councilmembers expressed concern over the ultimate road alignment as
requested, because it does not follow the permanent street layout.
They concurred that this alignment may be misleading to builders and
home buyers who see the location of the road today compared to what it
will be two years from now.
Councilmember Harvey voiced an additional concern with the soils and
sub-base (settling of streets) in that area, and stated he was not
satisfied with the quality of streets constructed last spring in the
Highview Heights subdivision.
Councilmembers discussed the proposed road alignment and recommended
the temporary street follow Hallmark Way and Griffon Trail as shown on
the preliminary plat. The developer agreed with the Council's recom-
mendation.
89.428 Motion was made by Sindt, seconded by Harvey to approve an amendment to
the Highview Heights development contract to allow a temporary access
road into the Highview Heights subdivision to follow Hallmark Way and
Griffon Trail, as drawn on the preliminary plat map (Plan A) by the
Community Development Director. Plan A is to be attached as "Exhibit
A" to the amended development contract.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
Item 13.
Renee Brekken, Recreation Supervisor, explained to the Council why she
feels the Western Revenue Management School is a beneficial, worthwhile
conference. She went on to explain that she attended the first of a
two year cirriculum last year, and has been able to apply some of the
ideas and techniques she learned from that course to her 1989 recrea-
tion programs. The funds needed for this school are included in the
1990 budget.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
Councilmember Harvey commented," I had a problem with this (request)
last year, but it was too late to stop it. I've been to these intense,
live-in classes too; I come away with a warm, fuzzy fealing, but I
don't learn much".
89.429 Motion was made by Sindt, seconded by Enright to approve the request of
the Recreation Supervisor to attend the Western Revenue Sources
Mangement School in Estes Park, Colorado, on February 18-22, 1990.
Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright.
Nays, Harvey. Councilmember Harvey stated he feels there is a far
better use of the money being spent on this school; and the Recreation
Supervisor can receive a greater benefit taking credit classes in local
institutions.
Item 15.
The Council voted by secret ballot for two of the six applicants for
the Economic Development Commission. The applicants are Dan Anderson,
Robert T. Brantly, Dale W. Detjen, Kevin Lutz, Robert Schreier and
James J. Siegle. Bob Erickson tabulated the results. Mr. Robert T.
Brantly received the highest number of votes. After two more ballots
were cast and councilmembers voiced their reasons for choosing a
particular candidate, Mr. Dale Detjen was the second choice of the
Council.
89.430 Motion was made by Sindt, seconded by Harvey to appoint Mr. Robert T.
Brantly and Mr. Dale W. Detjen to the Economic Development Commission
for terms which will expire on January 1, 1992.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
Item 18b.
89.431 Motion was made by Harvey, seconded by Nelson to set a budget work
session for Monday, November 27th., at 7:00 p.m. at City Hall.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
89.432 Motion was made by Harvey, seconded by Nelson to adjourn the council
meeting and convene in executive session to discuss pending litigation.
Roll call was taken on the motion. Aye, Zaun, Enright, Sindt, Hrvey,
Nelson.
Time: 9:10 p.m.
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CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 20, 1989
.Respectfully submitted,
Charlene Friedges, C' y Clerk
Dua a Zaun, Mayor
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