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HomeMy WebLinkAbout01-03-89 y L . . • k Y t t CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 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, Zaun, Sindt, Enright and Harvey. Also present: Patrick McGarvey, City Administrator; Roger Knutson, City Attorney; Keith Nelson, City Engineer; Daryl Morey, City Planner; David Licht, Consultant City Planner; Bruce Robertson, Administrative Assistant; Richard Radermacher, Chief of Police;. and_Darrell Schneider, Consultant City Engineer. Staff announcements: The City Administrator stated that he had received a letter from Jim Emond inquiring if the City was interested in selling a piece of land it owns next to Fire Station 4t3. He went on to state that at a work session next Monday the council would interview candidates for openings on citizen commissions/committees and talk to Chris Oace regarding public access cable.. Mayor Zaun presented a plaque to Diane MacGibbon thanking her for five years of service to the Planning Commission. Citizen comments: Whitey Whitehouse asked if it would be possible to place changes in city ordinances as a part of the weekly. community newsletter in the Life and Times. A citizen stated his concern over the last issue of the Life and Times not being sent to the Valley Park neighborhood. Councilmember Sindt asked that Item 4k be removed from the consent. agenda. Councilmember Sindt asked that agenda Items 9 and 22e be added to the consent agenda. 89.1 Motion was made by Harvey, seconded by Sindt to adopt the consent agenda as amended. (Council agenda attached hereto is incorporated by reference and. specifically made a part hereof . ) Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 89.2 Motion was made by Enright, seconded by Sindt to approve the final acceptance of utility and street improvements in Cedar Glen Addition, contingent upon receipt of a one year maintenance bond. t 'i ~ • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 1989 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson.. 89.3 Motion was made by Harvey, seconded by Sindt to refer back to the Planning Commission and direct them to develop a findings of fact on the application of the City of Lakeville for the rezoning of Area D from R-7, High Density, to R-2, Single Family Residential District. .Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 89.4 Motion was made by Sindt, seconded by Harvey to refer back to the Planning Commission and direct them to develop a findings of fact on the application of the City of Lakeville for the rezoning of Area H from R-7, High Density, to R-5, Single Family, Two Family and Medium Density Residential, or R-6, Medium Density Residential District. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.5 Motion was made by Sindt, seconded by Nelson to refer back to the Planning. Commission and direct them to develop a findings of fact on the application of the City of Lakeville for the rezoning of Area N from R-6, Medium Density Residential District, to R-1, Single Family Residential District. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 89.6 Motion was made by Enright, seconded by Harvey to approve the applica- tion of the City of Lakeville for the rezoning of an area located in the southeast 1/4 of the southwest 1/4 of Section 28, Range 20, formerly known as Areas K and L, from R-7, High Density., to R-5, Single Family, Two Family and Medium Density Residential District, acrd adoption of the findings of fact. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun opened discussion on an ordinance pertaining to garbage and rubbish collectors, which will include curbside pickup of recyclable materials. Daryl Morey, City Planner, made a brief presentation on the proposal. He stated this item actually involves two separate ordinances which need to be considered and acted upon by the council concerning garbage and rubbish. .These. deal with recyclable material and how it is to be collected and disposed of. It also deals with an amendment to incorpo- rate the requirements for recycling and recyclable material and address the recyclable material containers that the city will be providing to facilitate recycling. 2 ,r • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 1989 The council had a number of comments or concerns regarding the proposed ordinance, these included: Councilmember Nelson asked what would happen if the bins need to be replaced. Daryl Morey stated they must be purchased by the residents. Councilmember Harvey stated we should advertise to residents that additional bins are available to them if necessary. Councilmember Nelson stated that he would like to add language to the ordinance that energy conservation would be assisted by limiting the number of haulers. Councilmember Sindt stated we should involve non profit organizations involved in the recycling effort. 89.7 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 364 amending the City Code, Section 3-8, and Ordinance No. 365 amending the City Code, Section 4-2, as they pertain to garbage and rubbish collec- tors, which will include curb side pickup of recyclable materials, including the additions in language indicated by the Council. Roll call. was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.8 Motion was made by Harvey, seconded by Nelson to approve licenses for garbage/rubbish haulers for 1989. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.9 Motion was made by Harvey, seconded by Nelson to approve a joint powers agreement with Dakota County for recycling. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mayor Zaun opened discussion on a possible agreement with Barton-Aschman to begin master plan review and design of improvements for Casperson Park. Parks Director Steve Michaud made a short presentation on the proposal. He stated that the fee for this work would be $30,000 or 10% of the actual construction budget, whichever is greater. The funding for this project and this agreement is coming from the Park Department Fund and. the $157,000 grant the city will be receiving from the state in 1989. He went on to talk about the inspection procedures that would be utilized by Barton-Aschman. 3 1 • CITY OF LAKEVILLE COUNCIL MEETING .JANUARY 3, 1989 Councilmember Harvey expressed his concern over the 10% cost figuxe for design of park improvements. He wondered if that might be a bit high. He went on to state his opinion that weekly inspection would be necessary. 89.10 Motion was made by Harvey, seconded by Sindt to 'approve an agreement with Barton-Aschman to begin master plan review and .design of improve- ments for Casperson Park, with the latitude to .obtain a specific level of inspections deemed necessary by the Parks Director. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright Sindt. 89.11 Motion was made by Enright, seconded by Harvey to approve an agreement with Northwest Associated Consultants for planning. services. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 89.12 Motion was made by Sindt, seconded by Harvey to state their support of the proposed Dakota County H.R.A. draft, Housing and Finance .Policy for rental housing. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.13 Motion was made by Harvey, seconded by Sindt to approve and authorize the finance director to prepare and solicit request for proposals for establishing flex spending accounts for city employee benefits. Roll call was taken on the motion.. Ayes., Enright:, Sindt, Harvey, Nelson, Zaun. 89.14 Motion was made by Harvey, seconded by Nelson to adopt Resolution N0. 89-8 establishing a Municipal Safety Committee and process for accident. .prevention and reporting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mayor Zaun opened discussion of approval of an IRS Section 89 compliance review. study to be prepared by DCA, Inc. Finance Director Dennis Feller stated that he and Administrative Assistant Bruce Robertson had attended two seminars on Section 89 compliance. Recent federal law requires employers to do a number of "tests" of their benefit plans to make sure the employer is not discriminating against some employee groups in the level of their health insurance, in relation to highly compensated staff. The complexity of the law and amount of time it would take to perform a compliance study requires a capable firm to be hired to implement the study in such a way as to satisfy the IRS requirements. 4 ,R CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 1989 Arnie Prekker of DCA made a short presentation to the council on the .services his organization. could offer the city. He stated as a significant size employer, the City of Lakeville must comply with Section 89 rules or face the possibility of having an employee face a .potentially sizeable tax burden for what had previously been a benefit, such as a medical claim covered by the City health insurance. He went on to describe costs and the time frame it would take to implement a study. 89.15 Motion was made by Sndt, seconded by Harvey to approve an IRS Section 89 compliance review study to be prepared by DCA, Inc. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright ,.Sindt. 89.16 Motion was made by Enright, seconded by Nelson to approve a traffic signal agreement with M/DOT and authorize Egan McKay Electrical to .install an opticom system, Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun. opened discussion on an amendment to the policy on severance pay to include Permanent part-time employees. City Administrator Pat McGarvey stated this change is requested because Property Data Specialist, Betty Goodman, has requested approval to go to part time status. Under current city policy, if she became a permanent part time employee,-she would not be able to collect her severance pay when .she retired in November. Mr. McGarvey went on to state that administrative Assistant Bruce Robertson had implemented a survey of 14 other metro area cities on severance pay policies and found the majority of these cities paid severance pay to retiring permanent part-time employees. Councilmember Nelson stated that any policy as significant as this should be first presented to the. Personnel Committee in a formal report with a number of options to consider. 89.17 Motion was made by Harvey, seconded by Nelson to refer consideration to the Personnel Committee of an amendment to the City policy on severance pay to include permanent part-time employees. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson.. 89.18 Motion was made by Sindt, seconded by Harvey to table request of Betty Goodman. to permanent part-time status until the issue of severance pay for permanent part-time employees is resolved by the Council. 5 ~ ' CITY OF LAKEVILLE COUNCIL MEETING JANUARY 3, 1989 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 89.19 .Motion was made by Enright, seconded by Nelson to authorize and approve city staff to plow the new trails along Ipava Avenue and 165th Street which lead to Crystal Lake Elementary School or Christina Huddleston School. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Nay, Harvey.. Councilmember Harvey stated he voted no because he didn`t feel it was the City's .responsibility. 89.20 Motion was made by Enright, seconded by Sindt to nominate Keith Nelson to represent Lakeville as a representative of the regional transit: board. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 89.21 Motion was made by Harvey, .seconded by Sindt to refer Mr. Jim Emond's request to purchase a piece of City owned property next to Fire Station ~~3 back to the staff for research. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Whitey. Whitehouse stated he wanted City staff to look .into adding more speed limit signs on County Road 5. 89.22 .Motion was made by Nelson, seconded. by Sindt to adjourn the council meeting. Roll call was taken on the .motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Respe 1 ~ sub ' t~ed x r atrick E. McGarvey, City Clerk t Du ne Zaun, May 6 y . • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING JANUARY 3, 1989 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. a. Presentation of a plaque, by the Mayor, to Diane MacGibbon. 4. Consent agenda. a. Approval of the minutes of the December 19, 1988, council meeting. b. Approval of the claims for payment. c, Receive the minutes of the following advisory committee meetings: Planning Commission, December 15, 1988 d. Resolution approving the designation of depositories of city funds. (89-1) e. Resolution setting the dates and time for regular City Council meetings in 1989. (89-2) f. Appointment of Donohue and Associates as city engineering consult- ant. g. Appointment of Grannis, Grannis, Farrell & Knutson as city legal consultant. h. Appointment of Councilman Nelson as the Acting Mayor in the absence of Mayor Zaun. i. Appointment of the This Week Newspapers, Dakota County Tribune, .Inc. as the official newspaper. j. Approve final acceptance of utility and street improvements in Bluebill Bay Estates Addition. CITY COUNCIL AGENDA JANUARY 3, 1989 k. Approve final acceptance of utility and street improvements in Cedar Glen Addition. 1. Approve final acceptance of utility and street improvements in Chapel Hills Addition. m. Authorize City Engineer and Donohue to prepare a feasibility report for utility, sidewalk and street improvements along a portion of Howland Avenue. (89-3) n. Adopt resolution requesting Dakota County to designate County Road 46 from County Road 5 to County Road 31 as a county bikeway. (89-4) n, Approval of re-appointments to the Planning Commission, Park and Recreation Committee, Natural Resources Committee, Cable TV Board and Economic Development Commission as per 12/1/88 Advisory Commit- tee Appointments for 1989, as amended. p. Approval of settlement agreement and stipulation of dismissal as to Parcel 3, Rose and Leo Green, on Project 86-15. q. Approval of the 1988-89 cross country ski trail agreement with the Minnesota D.N.R. r. Approval of the 1989 Community Development Block Grant application in the amount of $95,000. s. Approval of agreement with Sathe and Associates for services in recruitment and selection for a City Administrator. t. Receive engineering feasibility report and set public hearing date for the proposed improvement of Judicial Road from 185th Street to County Road 64, as a joint project with Credit River Township, (January 26, 1989, 7:00 p.m.) (89-5) 5. Application of the City of Lakeville for the rezoning of Area D from R-7, High Density, to R-2, Single Family Residential District. a. Adopt findings of fact. and ordinance, 6, Application of the City of Lakeville for the rezoning of Area H from R-7, High Density, to R-5, Single Family, Two Family and Medium Density Residential, or R-6, Medium Density Residential District. a. Adopt findings of fact and ordinance. 7. Application of the City of Lakeville for the rezoning of Area N from R-6, Medium Density Residential District, to R-1, Single Family Residen- tial District. a. Adopt findings of fact and ordinance. 2 CITY COUNCIL AGENDA JANUARY 3, 1989 8. Application of the City of Lakeville for the rezoning of an area located in the southeast 1/4 of the southwest 1/4 of Section 28, Range 20 (formerly known as Areas K and L) from R-7, High Density to R-5, Single Family, Two Family and Medium Density Residential District, a. Adopt findings of fact and ordinance. 9. Application of the City of Lakeville for the vacation of Keokuk Avenue in the Lakeville Commerce Center. (89-6) 10. Adopt ordinance amending the City Code, Section 3-8 and Section 4-2, as they pertains to garbage and rubbish collectors, which will include curbside pickup of recyclable materials, 11. Approve licenses for garbage/rubbish haulers for 1989. 12. Approval of a joint powers agreement with Dakota County for recycling. 13. Approval of agreement with Barton-Aschman to begin master plan review and design of improvements for Caspersen Park, for work to be 50% funded by a state grant. 14. Approval of agreement with Northwest Associated Consultants, Inc. for planning services. 15. Review and comment on the proposed Dakota County H,R.A. draft, Housing Finance Policy, for rental housing. 16. Approve and authorize finance director to prepare and solicit request for proposals for establishing flex spending accounts for city employee benefits, 17. Resolution establishing a Municipal Safety Committee and process for accident prevention and reporting. (89-7) 18. Approve I.R.S. Section 89 compliance review study to be prepared by D.C.A. Inc. 19. Approval of a traffic signal agreement with M/DOT and authorize Egan McKay Electrical to install OPTICOM system at T.H. 50 and I-35. 20. Approve amendment to policy on severance pay to include permanent part-time employees, 21, Approve request of Betty Goodman to permanent part-time employment. 22. Any other business. 23. Adjourn. 3 f ' .'y %~r CITY COUNCIL AGENDA JANUARY 3, 1989 OTHER BUSINESS ITEMS A. Approve credits to Trotter's Ridge (AKA Hypoint Crossing) in the amount of $29,723.03. B. Approve release of five lots in Trotter's Ridge Addition. C. Authorize expansion of plowing routes to include new trails leading to Crystal Lake and Christina Huddleston Elementary Schools. D. Appointment of a staff person to the Regional Transit Board. E. Approve company name change in agreement with Bossardt Christensen Corp. on the city hall project. F. Approve development contract addendum for Trotter`s Ridge 2nd Addition and Stipulation of Dismissal with Prejudice of U.S. Home`s special assessment appeal. G. Approve Settlement Agreement and Stipulation of Dismissal with Prejudice concerning the RCD Real. Estate Partnership (Fischer) assessment appeal. 4