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HomeMy WebLinkAbout09-06-88" ~ " CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 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, Enright, Sindt, Harvey. Also present: Pat McGarvey, City Administrator; Richard Radermacher, Chief of Police; James Robinette, Community Development Director; Roger Knutson, City Attorney; Steve Michaud, Park and Recreation Director; Greg Grose, Assistant Police Chief; Bruce Robertson, Administrative Assistant; and Daryl Zuelke, Keith Englesby and Darrell Schneider, Consulting City Engineers. Staff announcements: The City Administrator stated the Council may want to set a work session for September 14th for discussion on the 1989 and 1990 budgets and other items. Citizen comments: A representative of the Valley Park Homeowners Association stated that the moritorium on development on R-7 zoned sites in the City will end on October 1st. A representative went on to request an extension on the moritorium. The City Administrator stated the report on the R-7 sites was recently completed by the City's planning consultant and would be formally received by the Council at their September 19th meeting. Councilmember Nelson asked that item 4b be removed from the consent agenda because of a question regarding a $15,000 payment to SouthFork Rental. Councilmember Sindt asked that items 4n through 4q be removed from the consent agenda because of a change in the date of the assessment hearings. Councilmember Harvey asked that item 4s be removed from the consent agenda, Councilmember Sindt asked that item 18a be added to the consent agenda. 88.372 Motion was made by Enright, seconded by Harvey to approve the claims for payment (agenda item 4b) except for the $15,000 request to South- Fork Rental. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 88.373 Motion was made by Harvey, seconded by Sindt to approve consent agenda items 4n through 4q with the only change being that the hearings would be held on October 4, 1988. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.374 Motion was made by Harvey, seconded by Enright to set a council work session for September 14, 1988, at 7:00 p.m. at City Hall. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.375 Motion was made by Harvey, seconded by Sindt to approve a release from the development contract for lot 20, block 6, Barrett Second Addition, subject to any outstanding payment due being brought up to date. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.376 Motion was made by Harvey, seconded by Sindt to approve the consent agenda as amended. Roll call was taken nn the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened the public hearing on the proposed street improvement to 199th Way. The City Clerk attested to the legal notice. 88.377 Motion was made by Harvey, seconded by Sindt to accept the petition from 22 residents voicing their opposition to the proposed improvement of 199th Way. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Consultant City Engineer Daryl Zuelke made a presentation on the proposed improvement project. He stated this project was necessary to provide access to the proposed Marion Pines development. The road would also serve the existing lots and homes on the south shore of Lake Marion. The total estimated project cost is $263,925, of which all but $3,037.50 is proposed to be assessed to abutting benefitted property. Mr. Zuelke went on to describe the methods for determining the costs and explained drainage, storm sewer and trailway expansion considera- tions. A number of residents had comments or concerns regarding the proposed street improvements, these included: 2 ~, ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 Jerry Rasmussen stated he was concerned about having to pay for im- provements for a road that had just been completed 12 years ago. He suggested the road had at least 12 more years of life left. He felt that only the developer of the proposed plat was benefitting by the improvement of this road. Jim Cordes stated that large scale sewer improvements were not neces- sary, in his opinion, because service was already adequate. Mel Van Voltenberg stated the movement of Jaguar Avenue was not worth the trouble it would put residents through for only a couple additional lots in the proposed Marion Pines development. Bill Forbord commented that the method of assessing a per unit charge rather than a front footage charge was a hardship nn those who could not afford more than a 50 foot lot. Additional public comment followed and involved concerns over road elevation changes, concrete curb and gutter being proposed for the improvement when it is really necessary or consistent with the area, a loss of trees and changes in cost estimates from when the improvement project was discussed by the Planning Commission. Councilmember Nelson stated that he felt the cost estimates nn the project by the engineer were very high and he would like to see additional soil samples on the site. Councilmember Enright stated she also thought cost estimates were high and would like to look into a way for water and sewer to be brought into the proposed development without ripping up the road. Councilmember Sindt stated her concern over the proposed realignment of Jaguar Avenue. Councilman Harvey asked about the need for a proposed trail leading to a slough and also voiced his concern over the need for a second access into the area from Highway 50 or Indra Way. 88.378 Motion was made by Enright, seconded by Nelson to continue the public hearing on the proposed street improvement of 199th Way until the October 3rd meeting of the City Council to allow staff to look into other options regarding the proposed road improvement project that. could reduce the scope of the project and costs. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, the Council discussed the Uniprop Manufactured Housing Company's plans for construction of a storm shelter for Ardmor Mobile Home Park. 3 • ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 Jeff Bonner, an attorney representing Uniprop Manufactured Housing, was in attendance and spoke about Uniprop's commitment to work with the City in developing an evacuation plan for the residents of the mobile home park. He stated the City has the option of requiring either an evacuation plan, or require a storm shelter. Uniprop would like to explore each alternative but is concerned over the costs related to the construction of a storm shelter. Significant Council .discussion followed and involved concerns over the lack of any satisfactory evacuation option, considering the location of the mobile home park, available exits and highways, and distance to suitable buildings of sufficient design to serve as a storm shelter. A number of Ardmor residents were in attendance and spoke before the Council. They stated that the company who owned the mobile home park had made significant profits, according to their annual report, and had increased rents 11.6 percent in the last two years with no road improvements to the mobile home lot. One resident suggested that Uniprop could afford to build a storm shelter without passing on the costs to the residents. The Uniprop representative said costs would have to be passed on if a shelter was built. 88.379 Motion was made by Sindt, seconded by Harvey stating, having examined the possibility of evacuation and finding none, therefore, request Uniprop to submit plans and specifications for a storm shelter within 60 days and provide a commitment for construction of a storm shelter at that time that is satisfactory to the City, or the matter will be referred to the County Attorney for appropriate legal action to accomplish construction of a storm shelter. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. A resident asked that the council put an item on a future city council agenda regarding an ordinance regulating maintenance requirements at mobile home courts in Lakeville. At this time, the Council began discussion regarding an application of the City of Lakeville for an ordinance amending Title 7, Chapter 2, of the Lakeville City Code concerning water surface usage on Kingsley and Lee Lakes. Bill Sowers, representing the Water Skiing Club, made a presentation to the Council, He described the history of his conflict with the City regarding the use of a motor boat on Kingsley Lake. According to Mr. Sowers, he had previously had approval by the DNR and the Dakota County Sheriff to use a high speed motor boat on the lake. Just recently, the City has attempted to stop the use of these boats. Mr. Sowers sug- gested the reason City staff was now against the use of motor boats on the lake was they had received a flawed report on the negative effect motor boats have nn shallow lakes. As a result, a bad policy decision 4 • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 could be made by the City. Mr. Sowers closed his presentation by strongly asking the Council not to take away his rights to .use .the lake. John Barton, of the Dakota County Water Conservation Department, also spoke before the Council on the issue. He stated that Kingsley Lake is an average 12 feet deep, but only 4 to 8 feet deep in the area used for water skiing. He went on to explain the effect motor boating has in his opinion on water quality in a shallow fresh water lake and the adverse impact on the lake. Significant Council discussion followed and involved concerns regarding noise caused by motor boats, the use of a private boat access, water quality and changing depths of Kingsley Lake in the last few years. A number of residents also spoke on the issue. They expressed concerns over motor boating scaring away the birds, noise and water quality. 88.380 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 351 amending Title 7, Chapter 2, of the Lakeville City Code concerning water surface usage on Kingsley and Lee Lakes to limit the use of motor boats to 10 horse power or less. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.381 Motion was made by Enright, seconded by Nelson to approve an agreement for a grading permit for Glen Klotz for Orchard Lake Hills Addition. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.382 Motion was made by Enright, seconded by Harvey to approve the applica- tion of Chemcentral/Minnesota for a planned unit development condi- tional use permit to construct more than one private building on the same lot, and to allow construction of an office building. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.383 Motion was made by Enright, seconded by Sindt to approve the applica- tion of Wayne Brown and Arnold Christensen for a conditional use permit to move a building with the criteria that the building must be com- pletely installed and be in operation within 90 days and no on-site use of the property is to be used for dwellings. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 5 • • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 88.384 Motion was made by Sindt, seconded by Nelson to table until the September 19, 1988, City Council meeting review of the application of Gerald Bedeaux for a conditional use permit for a commercial planned unit development to include outdoor sales and storage within a B-4 zoning district because the applicant has not supplied all of the required information. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, City Administrator Pat McGarvey described to the Council a proposal for the City of Lakeville to participate in the LOGIS Health Care Group for hospital/medical/life insurance for employees and dependents beginning January 1, 1989. He stated that Blue Cross/Blue Shield, our current health benefits provider, has passed on to the City significant cost increases in the last year. The City of Lakeville pays one of the highest costs for health insurance in the Twin Cities metro area. If the City were to participate in the LOGIS Hennepin County Care group, costs to both the City and employee would drop from present costs and most likely continue to be less costly than Blue Cross in the future. He concluded his presentation by stating city employees have been informed about the proposal and support it. 88.385 .Motion was made by Harvey, seconded by Nelson to authorize the City of Lakeville to participate in the LOGIS Health Care Group for hospi- tal/medical/life insurance for employees and dependents beginning January 1, 1989, Resolution No. 88-115. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, City Administrator Pat McGarvey discussed his recommenda- tions from Dr. Peter ring for the Police Department, He stated he had met on Friday, September 2nd, with both Police Chief Rich Radermacher and Assistant Chief Greg Grose in two separate meetings. He stated he told Assistant Chief Grose that the position of Assistant Chief, in his opinion, should be abolished, An agreement had been offered to Mr. Grose for him to resign from the Assistant Chief position and take a position of patrol officer with the condition that Mr. Grose sever his ties with the C.S.I. private investigation agency by October 1, 1988, and waive his rights in the Veterans Preference Act for this change of position. According to Mr. McGarvey, the agreement was not acceptable to both Mr. Grose and his attorney. Mr. McGarvey then described his conversation with Police Chief Rich Radermacher. He stated two options were made available to Mr. Rader- macher. The first being for the police chief to continue in his position with the understanding that all the recommendations of Dr. Peter Ring in the police department organizational climate report under the control of the police chief be satisfactorily implemented in six months or Mr. Radermacher would be terminated. Option two, Chief 6 • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 Radermacher could resign as police chief on September 6, 1988, and stay on until a new chief of police is hired and then become a police officer in the department under the union labor agreement and with entrance qualifications being met. Significant Council discussion followed and involved concerns over the working relationship of Mr. Radermacher and Mr. Grose if both were to become patrol officers, the need for putting both men on employment probation and the responsibility of the City regarding veterans preference in the possible firing of the Assistant Chief. Mayor Zaun stated he felt these two men had not put the community or department at the top of their concerns, 88.386 Motion was made by Harvey, seconded by Nelson to extend the meeting past 10:30 p.m. Roll call was taken nn the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.387 Motion was made by Harvey, seconded by Sindt to set a special council meeting for September 21, 1988, at 7:00 p.m. to consider the charge of insubordination, disrespect and violation of the data privacy act by Assistant Police Chief Greg Grose. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.388 Motion was made by Harvey, seconded by Enright to accept the resigna- tion of Police Chief Richard Radermacher effective upon the starting date of a new chief. Roll call was taken on the motion. Ayes, Harvey. Nays, Zaun, Enright, Sindt, Nelson. The motion failed. 88.389 Motion was made by Sindt, seconded by Enright to accept the letter of resignation from Police Chief Richard Radermacher effective the first day of employment for a new police chief, with the understanding that Mr. Radermacher will have the option to become a patrol officer with the condition that Mr. Radermacher will serve a probationary period under the union contract in the police officer position and meet the city's entrance qualifications for the position. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. Nays, Harvey. 88.390 Motion was made by Harvey, seconded by Enright to authorize the City Administrator to advertise for a new police chief. 7 • • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.391 Motion was made by Sindt, seconded by Harvey to receive the feasibility study from Donohue and Associates for construction of a new well in the vicinity of the Dakota Heights reservoir. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.392 Motion was made by Harvey, seconded by Sindt to authorize Donohue to proceed with implementation of any nr all recommendations in the feasibility study on the construction of a new well in the vicinity of the Dakota Heights reservoir. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. The City Attorney recommended this moritorium resolution be tabled. 88.393 Motion was made by Enright, seconded by Sindt to table to the September 19, 1988, City Council meeting consideration of a 12 month moritorium resolution for land necessary to include in the new County Road 46/I-35 interchange area. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.394 Motion was made by Harvey, seconded by Enright to decline the offer from Curt Johnson Properties to lease space in McStop Convenience Center for a fourth off-sale liquor store. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.395 Motion was made by Enright, seconded by Sindt to receive the report from the Community Development Director regarding the hiring of an intern in that department, and to authorize the hiring of an intern. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.396 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 8 • • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1988 Time: 11:40 p.m. Resvee~tfull~ subHo 9 • • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING TUESDAY SEPTEMBER 6, 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 August 15, 1988, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, August 18, 1988 Park & Recreation Committee, August 17, 1988 d. Approval of building plans and specifications for park shelter buildings for North Park and Foxborough Park and set the bid date for September 30, 1988, at 10:00 a.m. at city hall. e. Approve change order deleting the 165th Street paving of the multi-purpose trails from the contract with Preferred Paving, project 87-4. f. Approve change order adding the 165th Street paving of the multi- purpose trails to the. contract with Valley Paving, project 88-1. g. Resolution abating one utility service lines assessment on lot 16, block 5, Oak Shores 3rd Addition. h. Call a public hearing for the September 19, 1988, council meeting for consideration of issuing an on-sale and Sunday sale liquor license to Lakeville Restaurant and Spirits, Inc. • • • i. Resolution calling a special assessment hearing for September 19, - 19.88, .for weed removal at the following properties: 16567 Gannon Avenue., 17542 Ionia Path, 20842 Italy Avenue, 16914 Gannon Way, and 20950 Iteri Avenue. j. Approval of an easement agreement with Richard W. Rahn and Charlene E. Rahn. k. Receive bids and award contract to Kirkwold Construction Company for the extension of trunk and high pressure watermains, project 88-11. 1. .Authorize stop sign installation on Hayes Avenue at the 172nd Street intersection for north and south traffic on Hayes. m. Approve the application of the Lakeville Jaycees for a temporary non-intoxicating malt liquor license for an event at Aronson Park on September 10-11. n. Resolution calling assessment hearing on project 87-9, Cedar Glenn .and Carroll Addition, for Se~ember -~9-, 1988, at 7:00 p.m. o. Resolution calling assessment hearing on project 87-25, 175th Street, for Se~ember 29, 1988, at 7:15 p.m. p. Resolution calling assessment hearing on project 87-4, 165th Street, for Segt-ember 29, X988, at 7:30 p.m. q. Resolution calling assessment hearing on project 88-4, multi purpose trailways, for Sept-ember 29, 1988, at 7:45 p.m. r. Approve change order 4~2 to the Brackett's Crossing contract, Improvement Project 86-6. s. Approval of a release from the development contract for Lot 20, Block 6, Barrett Second Addition. 5. Public hearing on the proposed street improvement to 199th Way. a. Attest to legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution ordering the. project. 6. Review of the Uniprop Manufactured Housing Company plans for construc- tion of a storm shelter for Ardmor Mobile Home Park. a. Action on shelter construction. 7. Application of the City of Lakeville for an ordinance amending. Title 7, Chapter 2, of the Lakeville city Code concerning water surface usage on Kingsley and Lee Lakes. 2 • • • 8. Approval of an agreement fora grading permit for Glen Klotz for Orchard • ~ Lake Hills Addition. 9. Application of Chemcentral/Minnesota for a planned unit development conditional use permit to construct more than one private building on the same lot, to allow construction of an office building. 10. Application of Wayne Brown and Arnold Christensen for a conditional use permit to move a building. 11. Application of Gerald Bedeaux for a conditional use permit for a commer- cial planned unit development to include outdoor sales and. storage within a B-4 zoning district. 12. Authorization for the City of Lakeville to participate in the LOGIS Health Care Group for hospital/medical/life insurance for employees and dependents beginning January 1, 1989. 13. Receive recommendations from City Administrator for implementation of .recommendations from Dr. Peter Ring for the police department. a. Authorization to proceed with implementation of any or all recommen- dations. 14. Receive feasibility study from Donohue and Associates for construction of a new well in the vicinity of the Dakota Heights reservoir. a. Authorization to prepare plans and specifications and begin acquisi- tion of any necessary additional land. 15. Adopt a 12 month moritorium resolution for land necessary to include in the new County Road 46/I-35 interchange area. 16. Receive second. proposal from Curt Johnson Properties, Inc. for the City to lease space in the McStop convenience center for an off-sale liquor store. a. Action on the proposal. 17. Receive report from the Community Development Director regarding the hiring of an intern for that department. 18. Any other business. 19. .Adjourn. 3