HomeMy WebLinkAbout08-07-00 WSCITY OF LAKEVILLE
• COUNCIL WORK SESSION MEETING MINUTES
.AUGUST 7, 2000
Mayor Zaun called the meeting to order at 5:30 PM in the City Hall North Meeting Room.
Present were: Mayor Zaun, Council Members Sindt, Mulvihill, Johnson and Luick; Robert
Erickson, City Administrator; John Hennen, Administrative Assistant; Jim Walston, City
Attorney; Steve Michaud, Parks and Recreation Director; and Dave. Martens, Chief of
Police.
ITEM NO. 1. DISCUSS 18927. KENYON AVENUE ACQUISITION.
City Attorney Jim Walston reminded Council that the former owners of this property had
been before the Council a couple of years ago to request assistance. At that time the septic
system on the property had failed and the owners and City were unable to provide an
alternate system. At that time the City determined that the house :was uninhabitable and
the owners allowed the property to be foreclosed by HUD. The City has recently
concluded that ownership of the property would be beneficial as right-of--way for the
interstate ramp project at 35-W and 185`h Street. Two appraisals have been completed, one
by HUD and one by the City of Lakeville, and a median price was agreed upon. this.
afternoon. The City will be required to demolish the house and cap the well and septic
system. Acquisition of the three remaining homes in the area may also be required as part
of the ramp project. Mr. Walston stated. that all have substandard wells and purchase of
the properties would mean long-term infrastructure savings for the City, plus elimination of
future liabilities.
Council directed Jim Walston to obtain the appropriate paperwork from HUD to proceed
with the purchase of 18927 Kenyon Avenue, including completing a title search. Mr.
Walston will present a written proposal to the Council when the appropriate paperwork
has been prepared.
ITEM NO. 2. DISCUSS BURY PROPERTY ACQUISITION.
City Attorney Jim Walston stated that discussions concerning acquisition of this property for
an expansion to Casperson Park have taken place between the City and Richard Bury for
several years. The property has been over-mined by Midwest Asphalt and reclamation
efforts have not begun. Following receipt of a letter in April, 2000 proposing the sale of
the property to the City, Mr. Walston reported that he and City Administrator Robert
Erickson had met with Richard Bury and representatives of Midwest Asphalt in April in
hopes that an agreement could be reached. The City felt Mr. Bury's asking price for the
property exceeded market value, especially considering the property is outside the MUSA
and no reclamation was considered. There is currently a several. million-dollar disparity
• between Mr. Bury's asking price and what the City feels is the property's value, and
negotiations seem to be at a standstill. Mr. Walston stated that condemnation would be a
Lakeville City Council Work Session Minutes
August 7, 2000
Page 2
S possibility for acquisition of the property into the park system and suggested the non-quick
take process be used if that is the Council's decision. Mayor Zaun stated that he would
anticipate tremendous community support for this acquisition; a letter has already been
received from the Lake Marion Association.
City Administrator Robert Erickson stated that Midwest Asphalt is 100,000 yards short of
meeting their reclamation requirement. He feels the City has done a good job of
monitoring and could use the site to dispose of clean fill from city projects, in an effort to
assist with the reclamation. The Parks and Recreation Advisory Committee has discussed
the possibility of a bond referendum being needed for the acquisition.
Mr. Walston also stated that ahigh-pressure gas pipeline runs along the ridge of the
property by the bluff. Mayor Zaun asked what the distance is from the front of the property
to the frontage road... Mr. Walston stated that the distance is about 700 feet between the
frontage road and this 20-acre strip.
Mr. Erickson and Mr. Walston recommended an eminent domain attorney be retained to
work with Tom Scott to represent the City of Lakeville,. if the Council decides to proceed
with condemnation.
Council Member Mulvihill asked if there would be a compelling purpose which would
• provide justification for condemnation. Mr. Walston stated that a public use for parkland
would be the purpose. In addition, Mr. Bury has indicated that he is a willing seller, so
only the value of the land is in dispute.
Mayor Zaun stated that in the essence of smart growth and preservation, as emphasized by
residents in the bi-annual citizen survey, he would support the acquisition of this property,
as a "crown jewel" of the community.
Council directed Jim Walston to draft a resolution which would begin the condemnation
process through eminent domain on the Richard Bury property. Council members
expressed a desire to move forward with the resolution so that it could be considered by
the City Council under New Business at their regular meeting this evening.
ITEM NO. 3. STATUS UPDATE ON DOG LEASH ORDINANCE.
Parks and Recreation Director Steve Michaud provided Council with an update on
proposed dog leash ordinance revisions. Changes have been discussed at the past four
meetings. of the Parks and Recreation Advisory Committee. Citizen Len Libbey has been
instrumental in the proposed revisions and has worked with staff to revise the ordinance
with a focus on responsible pet owners. The proposed new ordinance would not allow
dogs to be under voice or signal command unless that dog has passed the K-9 Good
• Citizen Test and is certified, except when a pedestrian approaches within 100 feet. At that
time the dog must be recalled and leashed until the pedestrian is at least 100 feet away.
Lakeville City Council Work Session Minutes
August 7, 2000
Page 3
Dog license tags are proposed to be issued in various colors to identify which dogs are
allowed to be off-leash.
Outdoor (unpaved) hockey rinks are being proposed to be available for training purposes,
and dogs would not be required to be leashed in those areas. Pet owners are also asking
that an area of Ritter Farm Park be designated as a training area. Staff is researching
possible rules and regulations, costs for fencing and parking facilities, and possible user
fees.
Mr. Michaud stated that it was important to market any ordinance changes. at the time that
dog licenses are issued. Chief Martens estimates that about 25% of the dogs in the city are
properly licensed. Council Member Mulvihill asked about the proposed variety in the
color of dog tags and felt enforcement would be difficult. Mr. Michaud stated that in parks
when other people are present within 100 feet, the ordinance would be very clear.
Council Member Sindt stated that she has received calls from residents who have asked
that dogs be leashed on trails at all times. Chief Martens stated that when a dog is under
control. by use of an electronic collar, the owner would need to leash the dog also within
100 feet of a pedestrian. He added that the electronic collars are more of a vibration than a
shock and are not inhumane to the animal.
• Council Member Johnson stated that he uses the trails frequently. and has not personally
encountered a problem. with an unleashed dog, although he has heard of other people's
experiences.
Mr. Erickson feels that allowing responsible pet owners to walk their dogs off-leash might
give them the needed incentive to purchase a license or have their dogs certified with the
K-9 Good Citizen testa People on both sides of the issue are very steadfast in their beliefs
and will certainly attend the City Council meeting when this is on the agenda.
Council Member Luick stated that he would not want the City to enact an ordinance that
would be too difficult to enforce. He is concerned that adequate exercise and training
areas be provided and does not feel having dogs off-leash is appropriate anywhere in
public places.
Council Member Mulvihill stated that the revised ordinance should be written as simply as
possible.
Mr. Michaud stated that the City of St. Paul recently proposed several designated areas for
dog training. Additional research will be conducted to determine what has been successful
in other cities and whether user fees are charged.
• Council directed staff to work with the City Attorney on a draft resolution which would
revise the leash ordinance in the City of Lakeville.
Lakeville City Council Work Session Minutes
August 7, 2000 Page 4
ITEM NO. 4. DISCUSS DARE funding -ISD #194.
City Administrator Robert Erickson stated that Chief Martens has been a tireless supporter
of the DARE program and feels that the benefits of the program have been enormous. The
City of Lakeville and ISD #194 currently share the cost of both the DARE program and the
cost of the School Resource Officer (SRO.) He explained that budget cuts by the school
district have left the funding for these two programs short by approximately $17,000 for the
upcoming school year. Since the Legislature increased levy funding for crime prevention
for the 2001-02 school year, ISD #194 is proposing that the City of Lakeville make up the
shortfall for 2000-01, which would be paid back by the school district the following year.
Mr. Erickson stressed the importance of these programs and added that comments received
from students have been extremely positive, especially the impact the students feel it has
made on their lives and the opportunity the students have had to get to know officers
personally. Mr. Erickson also commended City Council members for their commitment to
the DARE program.
Council directed staff to include budget (2001) funding for the SRO/DARE programs on a
one-year basis with funds to be reimbursed by ISD #194 in 2002.
S ITEM NO. 5. STATUS UPDATE -COMMUTER RAIL STUDY.
City Administrator Robert Erickson notified City Council members of an upcoming .open
house informational meeting concerning the Dan Patch Corridor Commuter Rail Feasibility
Study. Consultants have a scheduled a meeting for Wednesday, September 20, from 5:00
to 8:00 PM at the Burnsville City hall Community Room. City staff feels it is important to
also hold a meeting with Lakeville residents who are within the 500-foot corridor only.
Council members were provided with a list of concerns of Bloomington, .Edina and St.
Louis .Park residents. People in those communities have identified issues and concerns
relating to the commuter line in their neighborhoods.
Council directed staff to bring a recommendation forward to the August 21, 2000 City
Council meeting which would provide City Council an opportunity to establish dates for
citizen involvement concerning the Dan Patch Commuter Rail Line.
The meeting was adjourned at 6:45 PM.
Respectfully submitted,
~~6'i-~ vt,~
i, h R. Hawkins, Deputy Clerk