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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 F 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. 2 • 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. 3 • i 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. 4 ~ i ! ~ 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. 5 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. 6 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. 7 r ! ! CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 20, 1989 .Respectfully submitted, Charlene Friedges, C' y Clerk Dua a Zaun, Mayor 8