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HomeMy WebLinkAbout03-06-00CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 2000 Acting Mayor Sindt called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present:. Council Members Ryan; Sindt and Mulvihill. Absent: Mayor Zaun and Council Member Luick. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the February 22, 2000 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS: ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson asked the City Council to remove item 7j from the consent agenda and table this item to a future meeting. DIRECTOR OF OPERATIONS & MAINTENANCE; Don Volk presented the February, 2000 monthly report of the Operations & Maintenance Department. FIRE CHIEF: Former Chief Barry Christensen presented the 1999 Fire Department Annual Report. PRESENTATIONS/INTRODUCTIONS Barry. Christensen introduced the newly elected Fire Chief, Danny Barth. Chief Barth introduced new and existing officers of the Lakeville Fire Department. CITIZENS' COMMENTS None CONSENT AGENDA • .Council members removed Item Tj from the consent agenda. CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 2000 PAGE 2 r ~ ~J 00.41 Motion was made by Mulvihill, seconded by Ryan to table consideration of an agreement with Polfus Implement for the lease of two mowers for the Parks Department. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill. 00.42 Motion was made by Ryan, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Snowmobile Task Force, February 10, 2000 Parks & Recreation Committee,. February 16, 2000 Economic Development Commission, February 22, 2000 EDC/EAC South Creek Subcommittee, February 22, 2000 Environmental Affairs Committee, February 29, 2000 c. Resolution No. 2000-38 authorizing the Department of Public Works to . place weight restrictions on City streets. d. Tree service operator license for Outdoor Specialties. e. Resolution No. 2000-39 approving a gambling permit for the National Wild Turkey Federation (Dakota Strutters). f. Resolution No. 2000-40 approving a gambling permit for the Lakeville Knights of Columbus. g. Resolution No, 2000-49 approving Environmental Assessment Worksheet for South Creek channel restoration, Hamburg Avenue to Cedar Avenue, Improvement Project 99-25. h. Final acceptance of utility and street improvements, Ipava Marketplace Outlot A. First Amendment to Agreement with New Morning Windows for Loan of Economic Recovery Funds and Promissory Note. j. (Removed from consent agenda). • CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 2000 PAGE 3 • k. Resolutions No. 2000-41, 2000-42, 2000-43, 2000-44 and 2000-45 accepting donations to the Parks & Recreation Department from Raymond Zweber, Merle Brown, Winston Sabatka, Marquette Bank and NSP. Lease Agreement with Heritage Commons, LLC for Liquor Store # 1 located at the Heritage Commons Shopping Center. m. Confirm the election of Assistant Fire Chief Jim Kill and District Chief Brian Carstensen. n. Resolutions No. 2000-46, 2000-47 and 2000-48 accepting donations to the Police Department from Ole Piper, Jeff Belzer's Chevrolet and Lakeville VFW. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Ryan. UNFINISHED BUSINESS: None NEW BUSINESS: Acting Mayor Sindt indicated that the DARTS group is seeking the donation of • used lawn mowers to provide lawn care assistance to the senior population. She asked if DARTS could utilize a small portion of the Messages Page for this .purpose. 00.43 Motion was made by Mulvihill, seconded by Ryan to direct staff to determine whether there is space available on the Messages Page for DARTS to solicit donations of used lawn mowers. Roll call was taken on the motion. Ayes, Mulvihill, Ryan, Sindt. Mr. Erickson stated residents have recently contacted him expressing concern with regard to the increased traffic along 205th Street. These residents asked that the City consider the possibility of one stop intersection on 205' Street somewhere between Jacquard Avenue and I-35. Mr. Erickson suggested the City review the traffic study previously prepared by SRF to determine whether traffic volumes would now warrant a stop sign on 205x' Street. 00.44 Motion was made by Mulvihill, seconded by Ryan to update the SRF traffic report regarding traffic control on 205' Street from Jacquard Avenue to Interstate 35. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING MARCH 6, 2000 PAGE 4 • Council Member Ryan read a prepared statement and announced his resignation from the Lakeville City Council effective immediately. (See attached transcript) 00.45 Motion was made by Mulvihill, seconded by Sindt to accept the resignation of Council Member Tom Ryan. Roll call was taken on the motion. Ayes, Sindt and Mulvihill. Ryan abstained. ANNOUNCEMENTS: Next regular Council meeting, March 20, 2000 Council Retreat, March 18, 2000 Acting Mayor Sindt adjourned the meeting at 7:41 p.m. Respectfully submitted, ,~ Charlene Friedges, City Cllr tty Si t, Acting Mayor • March 6th, 2000 Transcript of Council Member Tom Ryan's resignation. Item #9 - "New Business" "In August of 1997 I decided to run for the Lakeville City Council. Among other. things a major consideration of my becoming a city. council member was the effect it would have on the company I own. For those of you who don't know I own a construction .company that does both public and private work. I discussed my possible election with the Attorney General's office and from that discussion I concluded that if I were elected to the city council my company would no longer be able to contract public work with the City of Lakeville. The Attorney General also informed me that I could continue to work for private owners. in the City of Lakeville but if elected, I should abstain from voting on any city matters pertaining to open contracts that involve my company. I discussed this inability to perform public construction projects in Lakeville and the subsequent loss of revenues with the key people of my company prior to deciding if I should run for election to the city council. The consensus of the people within my company was that they would support my desire to run for the election even with the consequences not being able to perform public work in Lakeville while I was a member of the city council. From that date of my election until January 1 of this year, everything has remained the same with regard to the effect my being on the city council and my • company's ability to do business in Lakeville. However, two months ago the Lakeville city council adopted a policy which prohibits my company from contracting private construction projects within the City of Lakeville. In effect, this policy prohibits me from contracting any work at all in the city in which I live. I do not agree with this policy and the financial hardship that would certainly follow.. Therefore, I am forced to make a very hard decision and pick one of the following options: I can remain a city council member and not work. at all in the city which I live in and subject my company and it's employees to financial hardships, or I could sue the City for this new policy due to it's discriminatory effects, or I could simply resign. During the past two months I have thought about this matter a great deal. It is important forme to make the right decision, one that was well thought out and not based on anger or revenge. I am also very concerned about the reaction people would have towards me, both the ones who supported me and the ones that have not supported me. My first consideration, the option of me being. a council member and not have my company work at all in Lakeville, is not viable. The financial consequences are too severe and, frankly, I would have never attempted to be a council member if this policy were in effect at the time of my election. The second option I have it to file the lawsuit. Needless to say, I am not comfortable with the idea of a sitting council member suing his own city for the right to work in a community in which he and many of his employees live. However, my legal advisors insist that this policy which prevents me from doing private contracts presents a constitutional rights issue under equal protection clause at both the state and federal level. They claimthere are cases in similar circumstances which lead me to believe that a legal decision would be in my favor. After due consideration, I have decided that a legal challenge is not in the overall best interest. of the city. At the very least, it would inhibit the city council from pursuing its mission of serving the people of Lakeville. I am also afraid that it could lead to a division of the city council at a critical time in Lakeville's history when all the members need to be working together. In addition, a lawsuit like this would have been highly visible and could take more than a year to resolve. I'm sure my business and myself would also suffer during the litigation period. I certainly do not wish for the people of Lakeville or my company to have to endure this type of situation at this time: My third option I have is to resign. In contemplating this, I considered many things. Like any other elected official, I had an agenda of things to accomplish while I served on the city council. My resignation at this time would prohibit me from accomplishing some of these goals. If I could find a way possible to remain on the city council, most of the things I want to do yet could be achieved. On the other side of the coin, it has not always been easy forme to be a council member. There have been several difficult periods of time and many obstacles I have been forced to deal with but I have always vowed to myself that I would see this commitment through. I felt I owed it to all the people who voted for me and have supported me and my goals. The .last thing T wanted to do was let them down. In the end, it seems like everyone has their limit or the straw that breaks the camel's back. This new policy has forced me to change my commitment and the only justifiable reason in my mind for resigning was the city council's decision to establish this policy. Within the past week it has been absolutely clear what my decision should be. Once I reached this decision, I began thinking about my resignation and the timing of my resignation. As witnessed my tonight's agenda it seemed like city business is a little lighter now than it would be in a couple months. Also, with the retreat scheduled. for March 18th, I believe that would permit the city council to discuss replacement procedures. Forme, personally, it is better to do it now because it avoids any lame duck situations and allows me to get on with things both in my business and personal life. Therefore, I have concluded it would be in the best interest of anyone, everyone if my resignation was immediate. I have only two requests of this council and I do not expect any answers, responses at this time. The first request is that the council and administration does not get defensive about the remarks I have made tonight. This has been a very difficult situation and after. tonight, Twill no longer be able to address you in an equal role. The second request is that you put my vacated council seat on the ballot this November. I realize you must appoint someone to fill my position, but I would like if the people of Lakeville could chose someone to fill the remaining two years of my term. In conclusion, L can honestly say that the day I was elected was one of the greatest days of my life and likewise, today is certainly one of the most disappointing. I also want to thank the people of Lakeville for the privilege and honor I experienced representing them on the city council. Thank you. Oh, excuse me, therefore, with great sadness and disappointment, Ihereby resign from the Lakeville City Council effectively immediately. I wish my very sincere good luck to the council and for the last time, thank you. Goodbye." •