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HomeMy WebLinkAbout11-06-89 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 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. Knutson, City Attorney, B. Erickson, City Administrator; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Morey, Asst. Community Development Director; D. Feller, Finance Director; D. Gudmundson, Chief of Police; L. Gustafson, Assessment Clerk and J. Perron, Liquor Store Manager. Staff. Announcements: Attorney: None. Engineer: None Administrator: Mr. Erickson announced that the canvassing board would be meeting on Wednesday, November 8 at 7:00 p.m. Following the canvassing board meeting, there would be a council work session to interview candidates for the Economic Development Commission. He also announced that the City of Lakeville had received the Pace Setter award for the United Way campaign. The City of St. Paul would be donating and planting a tree at the new City Hall on Monday, November 13 at 1:30 p.m. as a result of the City's achievement in the United Way campaign. An updated utility billing delinquency list had been handed out, which is Item 8 on the agenda. Also handed out was Item 16, which was information relative to the awarding of additional contracts for City Hall. Chief of Police: None. Citizen ..Comments: None. Presentations/Recognitions: None. Additions/Deletions to Consent Agenda: The Council removed items 7b, 7s and the minutes of the Cable TV Board Meeting under Item 7c. Item 9, consideration of a Conditional Use Permit for Kindercare and Item 14 (Resolution 89-151) adopting revised employee handbook for liquor store employees was added to the consent agenda. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 1989 89.407 Motion was made by Harvey, seconded by Sindt, to approve the amended consent agenda. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Consent Agenda a. Approve minutes of the October 16, 1989 council meeting. b. Removed from consent agenda. c. Receive minutes of the following advisory committee meet- ings. Planning Commission, October 19, 1989 Parks & Recreation Committee, October 18, 1989 Economic Development Commission, October 24, 1989 d. Release of lots from Development Contracts. Lot 1, Block 4, Lynwood North 2nd Addition and part of Lot 1, Block 4, Lynwood North. Lot 8, Block 1, Dodd Pointe 3rd Addition. Lot 7, Block 1, Lake Marion Estates. Lot 3, Block 1, Northwood Addition. e. Receive Audit Agreement from George M. Hansen for 1989. f. Approval of billboard license renewals. g. Approval of gambling license for December 4th event spon- sored by the Bloomington Lions Club, to be held at the Chart House. h. Approval of contract with MN DOT for snow removal on Highway 50 in downtown Lakeville. i. Change Order No. 1 for project 88-17B, Pumphouse No. 8. j. Final payment and acceptance of improvements; project 89-15, 199th Street. k. Final payment and acceptance of improvements; project 89-3, Howland Avenue. 1. Final acceptance of utilities; Shady Oak Shores. 2 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 1989 m. Final acceptance of sanitary sewer; Shady Oak Shores 2nd Addition. n. Approve agreement with MN Dept. of Natural Resources for Snowmobile and Cross County Ski Trail grant in aid program. o. Set public hearing for December 4, 1989, for renewal of on-sale liquor licenses. p. Set public hearing for December 4, 1989, on assessments for weed removal. (Resolution No. 1.50) q. Deny request of Norris Niccum for special assessment deferment. r. Set the budget public hearing dates for December 4, 1989 and convene again on December 12, 1989, if necessary. s. Removed from consent agenda. 9. Table consideration of a Conditional Use Permit for Kindercare until the 175th St./Highway 50 traffic study is complete. 14. Approve Resolution No. 89-151 adopting a revised employee handbook for liquor store employees. Item 7b. Councilmember Harvey stated that he felt it was inappropriate for a City staff person to attend a conference at a ski resort in February. 89.408 Motion was made by Harvey, seconded by Sindt to approve the check register with the exception of Check No. 214091, payable to the City of Lakeville. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 7s. Councilmember Harvey questioned the actual cost of Improvement Project 89-3, Howland Avenue, as compared to the amount shown in the feasibility report. Mayor Zaun asked that the City Engineer outline in detail the cost of this project prior to the public hearing on December 4, 1989. 3 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 1989 89.409 Motion was made by Harvey, seconded by Sindt to approve Resolu- tion No. 89-152, calling the assessment hearing for Improvement Project 89-3, Howland Avenue, for December 4, 1989. Item 8. Mayor Zaun opened the public hearing on the certification of delinquent utility bills. The City Administrator attested to legal notices published and mailed. 89.410 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. 89.411 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 89-153, adopting the assessment of delinquent utility bills in District No. 2, to be paid with the 1990 taxes. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 10. Keith Nelson reviewed the storm water drainage of the Kenwood Oaks plat. He stated that O.S.M. was authorized to do a storm water outlet study of Lee Lake. The lake outlet would be constructed about one half to one foot below the ordinary high water level established by the MN D.N.R. Mr. Nelson stated that there were no changes between the preliminary and final plat and that Phase I development would not contribute run off to Lee Lake. An outlet would be required prior to the 2nd phase of development. 89.412 Motion was made by Harvey, seconded by Nelson, to adopt Resolu- tion No. 89-154, approving the final plat and development agreement for Kenwood Oaks. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 11. Daryl Morey briefly reviewed the conditional use permit, requested by Marvin Moe, for a storage building at 9446 210th Street. Betty Sindt addressed the question concerning the location of the driveway. Mr. Moe, the property owner, ex- plained in detail the location for the driveway. 4 1 ~ • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 1989 89.413 Motion was made by Harvey, seconded by Sindt to receive the findings of fact and approve the conditional use permit for a storage building at 9446 210th Street. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 12. Daryl Morey made a presentation of the request of the Messiah Lutheran Church for a conditional use permit for a day care center at 16725 Highview Avenue. Patricia May addressed questions concerning the age of the children to be attending the day care center. Mr. Harvey commented that the issuance of the conditional use permit was dependent on the receipt by the City of the site plan prior to the start of construction as outlined in the planning report and listed as a condition on the condi- tional use permit requiring Council approval. Patricia May stated that the church board has not yet approved a specific site plan incorporating the outdoor play area but there is plenty of open space on-site to accommodate the play area. She also stated that the improvements related to the day care center are expected to start about February 1, 1990. Patricia May also stated that if the Council set a specific date for submission of a site plan showing the location of the outdoor play area, it would motivate the church board to act on this issue. The Council suggested a submission date of December 1, 1989 and Ms. May agreed that date was reasonable. 89.414 Motion was made by Sindt, seconded by Harvey to receive the findings of fact and approve a conditional use permit for a day care center at 16725 Highview Avenue, subject to receipt by the City of the site plan by December 1, 1989. Roll call was taken on the motion.. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 13. Don Gudmundson, Chief of Police, reviewed the history and problems associated with obtaining a firing range for use by Police Officers. The Department had explored with the cities of Eagan, Apple Valley and Burnsville the possibility of a combined cities firing range. Land was located in the City of Eagan. Costs to Lakeville would have been in excess of $25,000.00 for the land and range costs. Sergeant Scott Johnson located a site on Metropolitan Airports Commission property in Eureka Township. M.A.C. officials were approached and agreed to let the Police 5 s ~ • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 1989 Department use the land with the execution of a "Hold Harmless Agreement". The agreement was prepared by Roger Knutson, City Attorney, and was approved by M.A.C. officials. The range is for the exclusive use of the Police Department and will not be available for the general public. A "No Trespassing" sign and a chain lock have been installed. Public Works and the Parks Departments have assisted the Police Department by knocking down brush and bringing out a picnic table. The land is a perpetual clear zone and will not be used for any other purposes so any concerns about lead contamination are remote. The range has 20 foot embankments and is not near any residential neighborhoods. Township officials were contacted about the use of the land for a firing range. The main use of the range will be for remedial training and for testing weapons which have been repaired. The caliber of weapons will be small-arms and shotgun. Township officials had informed the City of Lakeville that the weapon firing range was in conformance with Eureka Township land use codes. Mr. Gudmundson stated that high caliber weapons were not going to be used. at the firing range. 89.415 Motion was made by Enright, seconded by Sindt to approve the Indemnity Agreement with Metropolitan Airports Commission for a weapon firing range. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item. 1S . Roger Knutson, City Attorney, stated that the fee schedule for Campbell, Knutson, Scott & Fuchs was identical to that of Grannis, Grannis, Farrell & Knutson. He also pointed out that there had been no rate increase for fees since 1985. Mr. Harvey pointed out a typogrphical error in the agreement, which set council meeting coverage at $125.00 per hour instead of the current $125.00 per meeting charge. 89.416 Motion was made by Enright, seconded by Harvey to approve the professional services contract with Campbell, Knutson, Scott & Fuchs, subject to a charge of $125..00 per meeting be reflected in section 3D of the contract. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 6 • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 6, 1989 Item 16. Bob Erickson reviewed the request to award four contracts for construction of City Hall. Mr. Erickson also stated that the Lakeville V.F.W. was making a contribution to the City for the cost of the flags, flag poles and flag pole lighting. 89.417 Motion was made by Harvey, seconded by Nelson to approve Resolution No. 89-155, rejecting the contract awarded to R.E. Stanton for purchase and installation. of flag poles due to R.E. Stanton's non-performance. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.418 Motion was made by Sindt, seconded by Harvey to approve Resolu- tion No. 89-156, awarding the contracts for construction. of City Hall as follows: Flag Poles Specialty Sales $ 2,720.00 Specialty Casework Cabinet Concepts 23,759.00 Projection Screens MTS Northwest Sound 4,166.00 Coiling Grilles Superior Access Control 4,100.00 TOTAL AWARD: $34,745.00 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.419 Motion was made by Harvey, seconded by Sindt to adjourn the Council meeting. Roll call was taken on the motion. Ayes unanimous. Time: 8:16 p.m. Respectfully submitted, Dennis eller, finance Director D ane Zaun, May r 7