HomeMy WebLinkAbout12-19-88~' • ~ •
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CITY OF LAKEVILLE COUNCIL MEETING
° DECEMBER 19, 1988
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, and
Harvey. Absent: Enright.
Also present: Patrick McGarvey, City Administrator; Roger Knutson,
City Attorney; Keith Nelson, City Engineer; Daryl Morey, City Planner;
Bruce Robertson, Administrative Assistant; Rich Radermacher, Police
Chief and Darrell Schneider, Consulting City Engineer.
Staff announcements: The City Administrator stated that under Other
Business the Council may want to consider a waiver of the rule regard-
ing carrying over a year's worth of vacation for Bill Forbord who is
currently on leave as a result of an accident.
Citizen comments: Steve Adochio, the current president of Pan-O-Prog,
spoke on behalf of the City of Lakeville assisting Pan-O-Prog finan-
cially to pay the cost of insurance and the fireworks display.
Councilmember Nelson asked that item 4a, approval of the minutes of the
December 5, 1988, council meeting, be removed from the consent agenda.
Councilmember Sindt asked that receipt of the Park and Recreation
minutes of December 14, 1988m, be added to the consent agenda,
88.599 Motion was made by Harvey, seconded by Sindt to approve the consent
agenda as amended.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.600 Motion was made by Nelson, seconded by Sindt to approve the December 5,
1988, council minutes as corrected.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey Nelson.
88.601 Motion was made by Harvey, seconded by Nelson to authorize Bill Forbord
to carry over up to 140 hours of vacation time from 1988 to 1989.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun.
88.602 Motion was made by Harvey, seconded by Nelson to continue until later
in the evening receipt and approval of the chief of police position
description and recruitment profile from Loren Law.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1988
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
At this time, Beth Horsman, representing Ardmor Village APAC, made a
presentation regarding a bill in the state legislature to give manufac-
tured home park residents the first right to purchase their park. She
stated mobile home owners found it extremely difficult to buy land in
the metropolitan area. If the mobile home park went out of business,
the mobile home owners could lose the equity in their homes. The
proposed legislation would allow residents to purchase their parks and
then control such things as rent, maintenance and improvements. She
went on to request the City pass a non binding resolution supporting
the legislation. This would be sent to the legislature along with
resolutions on the issue from other cities.
A number of council members had questions or concerns regarding the
issue, these included:
Councilmember Harvey stated his concern over cooperative ownership of a
mobile home park.
Councilmember Sindt stated she would like to see a copy of the proposed
legislation before considering the non binding resolution.
88.603 Motion was made by Sindt, seconded by Harvey to table approval of a
resolution indicating support for a bill in the state legislature to
give manufactured home park residents the first right to purchase their
park, until after council members were able to see a copy of the
proposed bill and review it at a January work session.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.604 Motion was made by Harvey, seconded by Nelson to approve the applica-
tion of Mike and Shari Foty for a conditional use permit to move a
house to 11900 210th Street West, as amended.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson.
At this time, Loren Law of Sathe and Associates appeared before the
Council to present a formal position description and recruitment
profile for the police chief. He stated that he had gone through the
59 resumes a number of times and had chosen a group of top applicants
for an initial interview. He went on to state that he expected to have
the group narrowed down to about five applicants by mid January for
City Administrator and Council review.
Council members all stated that they were happy with the quality of the
position description and recruitment profile and supported an aggres-
sive schedule for hiring a new police chief.
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CITY OF LAKEVILLE COUNCIL MEETING
"t ~ DECEMBER 19, 1988
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88.605 Motion was made by Sindt, seconded by Harvey to receive and approve the
chief of police position description, and recruitment profile from
Loren Law.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun.
88.606 Motion was made by Sindt, seconded by Nelson to approve the preliminary
.plat of Shady Oak Shores.
Rnll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
At this time, Mayor Zaun opened discussion on the application of the
City of Lakeville to rezone Area F from R-7 to R-2. He stated that the
Planning Commission recommended approval of the findings of fact and an
ordinance which would rezone the south portion of Area F from R-7 to
R-2. The north portion of Area F north of Minnewauken Bay would remain
R-7.
A number of citizens who owned property on the site appeared before the
Council to state their concern over the rezoning, these included:
Brad Johnson, who owns two acres of the property proposed for rezoning,
stated he had planned townhouse development on this property in the
near future, that would require R-6 zoning.
Ed Christenson, an attorney representing a property owner, stated he
supported keeping the north portion of Area F north of Minnewauken Bay
as R-7.
Councilmember Harvey stated much of the area appears to be in difficult
terrain and wondered what would, in fact, be appropriate zoning for the
site.
88.607 Motion was made by Harvey, seconded by Nelson to adopt the findings of
fact and Ordinance No. 360 for rezoning from R-7 to R-2 except for the
parcel owned by Brad and Audrey Johnson.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.608 Motion was made by Harvey, seconded by Nelson to refer the two acre
parcel owned by Brad and Audrey Johnson back to the Planning Commission
to hold a public hearing on rezoning that parcel from R-7 to R-6.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson.
At this time, Mike Falk of Lindville Properties presented a concept
commercial plan for the development of the southwest corner area of
County Road 46 and Ipava Avenue. He stated the property is zoned R-7,
high density residential. He is requesting a single family subdivision
with R-3 size lots. These would be 75 feet wide with an average lot
size of 12,694 square feet. Commercial property is also proposed with
9,000 square feet already pre-leased.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1988
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Significant Council discussion followed and involved concerns/comments
over street alignment, terrain of the property and density levels.
Most council members indicated their informal support for R-3 zoning
for the residential part of the development.
Mayor Zaun opened discussion on the deferment request of Diane Gossard
for property at 17342 Junelle Path West. Ms. Gossard appeared before
the Council and stated she was in the process of attempting to sell her
home and 3.4 acres of land. Her mortgage company has been told by the
County that unless her special assessment is paid within a short time
period, she could lose her home in as few as 46 months. She asked the
Council to defer her special assessment until her home is sold. At
that time, she will pay her property taxes and special assessment in
full.
Council discussion followed and involved questions/concerns regarding
the use of market value versus assessed valuation in determining
special assessment rates and the future use of the property.
88.609 Motion was made by Nelson, seconded by Harvey to approve a three year
deferment for Diane Gossard for property at 17342 Junelle Path begin-
ning July 1, 1988 with interest accruing, and subject to a stipulation
that if the property is sold for use as a non conforming residential
property or conversion to a commercial use, as the property is now
zoned, the deferment would end nn the date of closing on the sale,
Roll call was taken on the motion, Ayes, Sindt, Harvey, Nelson, Zaun.
At this time, Glen Nord, a representative of the developers of the
Second Season Golf Facility, made a presentation on the project. He
stated that this million dollar project would include a restaurant, pro
golf shop, miniature golf, balcony and both heat and air conditioning.
A rapid construction schedule is anticipated with completion by March
of 1989.
88.610 Motion was made by Sindt, seconded by Harvey to approve the conditional
use permit for the Second Season Golf Facility on the west side of
I-35.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
88.611 Motion was made by Harvey, seconded by Sindt to approve Ordinance No.
361 amending Section 8-1-1 of the City Code and constitution/by law
changes for the fire department.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.612 Motion was made by Sindt, seconded by Harvey to adopt Resolution No.
88-170 authorizing the Fire Department to have up to 80 volunteer
personnel.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1988
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` -~ Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson.
88.613 Motion was made by Sindt, seconded by Nelson to authorize the taking of
bids on January 6, 1989, for recycling bins and approval of the
specifications.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun.
At this time, City Engineer Keith Nelson reviewed the plans for the
improvement of Cedar Avenue in 1989 by Dakota County from County Road
46 to south of Dodd Boulevard. He stated the road would be upgraded to
a four lane freeway type status during 1989, which would cause traffic
to be rerouted to Pilot Knob Road. He went on to describe the proposed
alignment of the road.
City Council discussion followed and involved questions regarding
traffic flow, emergency vehicle access to the area and road alignment
issues.
88.614 Motion was made by Harvey, seconded by Sindt to authorize staff to
prepare a feasibility report on 164th and Cedar.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
88.615 Motion was made by Nelson, seconded by Sindt to approve a letter from
the City Engineer to the County Engineer on the proposed plans for the
improvement of Cedar Avenue in 1989 by Dakota County in Lakeville from
County Road 46 to south of Dodd Road, and authorize the City Engineer
to prepare a feasibility report on the project.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.616 Motion was made by Nelson, seconded by Harvey to approve Resolution No.
88-171 setting the state aid street assessment policy effective January
1, 1989.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson.
88.617 Motion was made by Sindt, seconded by Nelson to approve a labor
agreement with L.E,L.S. Local No. 128 for essential employees in the
police department effective January 1, 1989.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun.
88.618 Motion was made by Harvey, seconded by Nelson to approve Resolution No.
88-172 adopting the position classification and pay plan for exempt and
non-exempt positions effective January 1, 1989, with the change that
the position of Assistant Police Chief be eliminated.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
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CITY OF LAKEVILLE COUNCIL MEETING
~, DECEMBER 19, 1988
88.~b19 Motion was made by Sindt, seconded by Nelson to approve the purchase of
Optech III-P voting equipment.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.620 Motion was made by Harvey, seconded by Nelson to set the first meeting
of the City Council for January 3, 1989.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson.
88.621 Motion was made by Sindt, seconded by Nelson to set a council work
session for January 9, 1989 at 7:00 p.m. to interview candidates for
citizens advisory commissions at City Hall.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun.
88.622 Motion was made by Harvey, seconded by Nelson to adopt Ordinance No.
362 amending Title 3, Chapter 8, of the Lakeville City Code setting the
maximum number of licenses to be issued to garbage/rubbish collectors
at no more than the number of licenses in effect on December 19, 1988,
which is nine (9).
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
88.623 Motion was made by Sindt, seconded by Harvey to direct staff to
investigate the service level of each garbage hauler serving Lakeville.
Roll call was taken nn the motion. Ayes, Nelson, Zaun, Sindt, Harvey.
88.624 Motion was made by Sindt, seconded by Nelson to write a letter of
recommendation to the Metropolitan Waste Control Commission on behalf
of Gloria Vierling for a seat on District 13/14.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson.
88.625 Motion was made by Harvey, seconded by Sindt to accept the resignation
of Patrick McGarvey as City Administrator under the time frame set in
the termination agreement.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt.
All council members made statements regarding the excellent work Mr.
McGarvey has done for the City during the 13 years he has been city
administrator.
88.626 Motion was made by Sindt, seconded by Harvey to adjourn the council
meeting.
Roll call was taken on the motion, Ayes, Nelson, Zaun, Sindt, Harvey.
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CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 19, 1988
' 'i Time: 10:40 p,m.
Respe dully subm~.~ted,
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Patrick E. McGarvey, ~i'Ey Clerk
D ane Zaun, y r
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CITY OF LAKEVILLE
AGENDA
COUNCIL MEETING
DECEMBER 19, 1988
7:00 P.M.
Call to order.
Flag pledge.
1. Roll call.
2. Staff announcements.
A. Attorney
B. Engineer
C. Administrator
3. Citizen comments.
4. Consent agenda.
a, Approval of the minutes of the December 5, 1988, council meeting.
b. Approval of the claims for payment.
c. Receive the minutes of the following advisory committee meetings:
Planning Commission, December 1, 1988
Park & Recreation Committee, December 14, 1988
d. Adopt resolution amending the 1988 General Fund Budget. (88-164)
e. Approve special assessment agreement for assessing street improve-
ments to Highview Estates Addition for project 88-2.
f. Approve agreement with John Enggren concerning improvements to the
on-sale liquor store to satisfy the purchase agreement terms.
g. Adopt resolution approving the city fee schedule effective February
1, 1989. (88-165)
h. Adopt resolution authorizing purchase of Outlot A in Cherrywood
Heights. (88-166)
i. Approval of purchase order to Southdale Ford for three squad cars
through the Hennepin County cooperative purchasing.
j. Approval of 1989 licenses for non-intoxicating malt liquor for on
and off-sale.
k. Approval of 1989 wine license for Zak's Restaurant.
1. Approval of mechanical amusement device licenses for 1989.
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City Council Agenda
December 19, 1988
' 1 m. Approval of cabaret dance licenses for 1989.
n. Approval of cigarette licenses for 1989.
o. Approval of a release of lot 8, block 7, Trotter's Ridge Addition,
from the development agreement. (88-174)
p. Approval of specifications for the 1989 cab and chassis for the fire
department mini-pumper, and taking of bids.
q. Approval of final acceptance of sanitary sewer, storm sewer,
watermain and street improvements in Homestead Creek Addition, by
Good Value Homes.
r. Approval of final acceptance of sanitary sewer, storm sewer,
watermain and streets in the Meadows West 4th and 5th Additions,
Builders Development and Finance, Inc.
s. Resolution approving the Credit River Water Management Plan.(88-167)
t. Resolution establishing storm sewer area charge rates effective
January 1, 1989. (88-168)
u. Approval of a non-intoxicating malt liquor license to Mr. D's Pizza,
Peter K. Christiansen, at the Mega Stop Mall.
v. Accept letter of resignation from Diane MacGibbon from the Planning
Commission effective December 31, 1988.
w. Resolution approving final application for a state grant to further
develop Caspersen Park. (88-169)
x. Approve reconveyance of forfeited lands to State of Minnesota for
Burns Plaza of Club Park Addition No. 1.
y. Bill Forbord vacation carry over approval to 1989.
z. Appoint Wenzel Ruhmann to Cable TV Board for District 196 Rep.
5. Receive and approve the chief of police position description, and
recruitment profile from Loren Law.
6. Receive letter from Beth Horsman, Ardmor Village APAC, regarding city
support for a bill in the state legislature to give manufactured home
park residents the first right to purchase their park.
a. Resolution .indicating support.
7. Application of Mike and Shari Foty for a conditional use permit to move
a house to 11900 210th Street West,
8. Approval of the preliminary plat of Shady Oak Shores.
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City Council Agenda
December 19, 1988
' '19, Application of City of Lakeville to rezone Area F from R-7 to R-2, and
recommendation of the Planning Commission to rezone only the part of
Area F south of Minnewauken Bay from R-7 to R-2.
a. Adopt findings of fact and ordinance rezoning the south part of Area
F from R-7 to R-2. (Ordinance No. 360)
10. Review of the concept plan for the development of the southwest corner
area of County Road 46 and Ipava Avenue.
11. Deferment request of Diane Gossard for property at 17342 Junelle Path
West.
12. Approve conditional use permit for Second Season Golf facility on the
west side of I-35.
13. Approval of ordinance amending Ordinance No. 290, Section 8-1-1 of the
City Code, and constitution/by law changes for the fire department.
(Ordinance No. 361).
14. Resolution authorizing the fire department to have up to 80 volunteer
personnel. (88-170)
15. Authorize taking of bids for recycling bins and approval of the specifi-
cations. (88-173)
16. Review of plans for the improvement of Cedar Avenue in 1989 by Dakota
County in Lakeville from County Road 46 to south of Dodd Road.
a. Approval of letter from City Engineer to the County Engineer on the
proposed plans.
17. Resolution setting state aid street assessment policy effective January
1, 1989. (88-171)
18. Approval of a labor agreement with L.E.L.S. Local No. 128 for essential
employees in the police department effective January 1, 1989.
19. Resolution adopting the position classification and pay plan for exempt
and non-exempt positions effective January 1, 1989. (88-172)
20. Consideration to purchase Optech III-P voting equipment.
21. Set special work session meeting to interview candidates for advisory
committees.
22. Any other business.
23. Adjourn.
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