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HomeMy WebLinkAbout07-18-88• • • CITY OF LAKEVILLE COUNCIL MEETING JULY 18, 1988 The meeting was called to order at 7:00 p.m. by Acting Mayor Nelson. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Harvey, Nelson, Sindt. Absent: Enright and Zaun. Also present: Patrick McGarvey, City Administrator; Richard Rader- macher, Chief of Police; Bruce Robertson, Administrative Assistant; Dennis Feller, Finance Director; Roger Knutson, City Attorney; and Darrell Schneider, Consulting City Engineer. Staff announcements: The City Attorney informed the Council that agenda items 5, 8, 9, 10 and 11 would not be able to be acted upon with only three Council members in attendance; these items need 4 votes for approval. The City Administrator described the three items under Other Business. Citizen Comments: Jeff Bry, representing the Valley Park Homeowners Association, asked the Council and staff about the status of the study of R-7 zoned sites within the City. The City Administrator stated that it is currently being worked on by Northwest Associated Consultants and should be ready for the Planning Commission review in August. Councilmember Harvey asked that Other Business items 19a, 19b and 19c be added to the consent agenda. Consultant City Engineer Darrell Schneider handed out a form stating the adjusted costs of the change order with Preferred Paving on Improvement Project 87-4, 165th Street. 88.303 Motion was made by Harvey, seconded by Sindt to add items 19a, 19b and 19c to the consent agenda and to receive the corrected costs on the change .order for Project 87-4, 165th Street. Roll call was taken on the motion. Ayes, Harvey, Sindt, Nelson. Councilmember Sindt asked that two typos be changed in the minutes of July 5, 1988. 88.304 Motion was made by Harvey, seconded by Sindt to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Sindt, Nelson, Harvey. At this .time, the Council opened discussion of an alternative prelimi- nary plat and PUD concept plan for Orchard Lake Hills. Councilmember Harvey expressed concern over the three proposed lots in the Weisner's Addition portion of the development. Mr. Frank Kriz, representing the • • • CITY OF LAKEVILLE COUNCIL MEETING JULY 18, 1988 developer, made a short presentation on the proposed development in which he described the changes since the original plan and discussed lot sizes and grading concerns. 8.8.305 Motion was made by Harvey, seconded by Sindt to continue approval of the alternative preliminary plat and PUD concept plan of the Orchard Lake Hills preliminary plat north of 168th Street until the August 1, 1988, council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson. At this time, Frank Kriz, representing Joseph Douglas Development, made a short presentation on the proposed grading for The Cove plat located west of Orchard Trail and south of 188th Street. He stated the development would contain homes valued up to $450,000 on large lots. Tree removal would involve cutting the trees on site and hauling them away from the site for safety considerations. He went on to say with final plat approval expected in August, he would prefer grading of the site to start right away, with Council approval. 88.306 Motion was made by Sindt, seconded by Harvey to approve the grading agreement and permit for The Cove plat located west of Orchard Trail and south of 188th Street, with Joseph Douglas Development. Roll call was taken on the motion. Ayes, Harvey, Nelson, Sindt. 88.307 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-90 approving the application of Glenn Hulbert for the vacation of Washkie Avenue, as documented in the April 27, 1988, Donohue survey. Roll call was taken on the motion.. Ayes, Nelson, Sindt, Harvey. 88.308 Motion was made by Sindt, seconded by Harvey to table approval of a conditional use permit for Alan and JoAnn Morphew to build a second detached garage at 18275 Ixonia Avenue West until Councilmember Enright arrives at the meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson. 88.309 Motion was made by Harvey, seconded by Sindt to table agenda item 9, adoption of an ordinance revising Section 9,2 of the zoning ordinance concerning the temporary use of motor homes as buildings, and agenda item 10, application of Messiah Lutheran Church for a conditional use permit for volunteer laborers to live temporarily on the church site during construction, until the August 1, 1988, meeting of the City Council. Roll call was taken on the motion. Ayes, Harvey,.. Nelson, Sindt. 2 ~ • • CITY OF LAKEVILLE COUNCIL MEETING JULY 18, 1988 Councilmember Sindt asked staff to determine the formal definition of motor homes so it could be considered in the review of agenda item 9 in the August 1, 1988, City Council meeting. 88.310 Motion was made by Sindt, seconded by Harvey to table until the August 1, 1988, Council meeting the application of Bridlewilde Joint Venture's Shady Oak Shore to rezone from R-2 to B-3 and B-4 at the corner of Cedar Avenue and Dodd Boulevard. Roll call was taken on the motion. Ayes, Nelson, Sindt, Harvey. At this time, Gary Tushie of Tushie Montgomery made a presentation on the cost estimates for a new city hall. Mr. Tushie explained that the study had been completed which estimated the construction related costs for remodeling and adding on to the on-sale liquor store on 207th Street to make it into a city hall. An estimated construction budget of a new building nn the 202nd and Holyoke site had also been devel- oped. He went on to state that these cost estimates indicate that converting the on-sale liquor store into a city hall would be more expensive than constructing a new building. This was primarily due to the loss of revenue that would not come from the sale of the nn-sale property if it were converted to a city hall, and the need to buy an adjacent house to expand the site for maintenance of approximately 95 off street parking spaces. Converting the liquor store into a city hall also had the disadvantage of requiring two levels, and the site had limited room for expansion. Anew building on 202nd and Holyoke could be one story in height, allow for significant expansion in the future and be designed to reflect the image of the community in its style of construction. John Bossardt of Bossardt Christenson distributed a book that described in detail the costs related to the construction of a city hall at both sites. He then described the reasons for the different costs at each site. Councilmember Harvey stated he saw the advantages of the city hall on the 202nd and Holyoke site. He went on to state he felt good about the fact the City could build a new city hall without having to raise taxes or require general obligation bonds to be sold. 88.311 Motion was made by Sindt, seconded by Harvey to receive reports from Tushie Montgomery Architects and Bossardt Christenson Construction Management for the concept design and cost estimate for a city hall. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson. At this time, City Administrator Pat McGarvey described the formal purchase offer the City had received for the on-sale liquor store. He stated the purchase price was $500,000, which consists of a $150,000 3 • • • CITY OF LAKEVILLE COUNCIL MEETING JULY 18, 1988 down payment, with the remainder to be financed over 10 years. He went on to describe few changes that were made to the purchase agreement document by the City Attorney and agreed to by Mr. Enggren. Councilman Harvey indicated that he had inquired of several residents about the pending sale of the on-sale liquor store, and none objected to selling it. 88.312 Motion was made by Sindt, seconded by Harvey to receive the purchase agreement for the sale of the on-sale liquor store and authorize the mayor and city clerk to execute it as amended. Roll call was taken on the motion. Ayes, Harvey, Nelson, Sindt. At this time, the Council opened discussion on the adoption of an ordinance establishing equestrian trails in Ritter Farm Park and regulations for the use of the trails. Councilmember Nelson stated he felt that the information included in the Council packet was incomplete and he could not make a decision on the matter until he received this information. A number of residents who supported the ordinance were in attendance and expressed their opinion that approval of the equestrian trails had been dragging on too long. One resident made repeated appeals to the Council to approve the equestrian trail ordinance without any additional delay and expressed anger at City staff for not providing the necessary information to the council. 88.313 Motion was made by Sindt, seconded by Harvey to table adoption of an ordinance establishing equestrian trails in Ritter Farm Park and regulations for the use of the trails, until the August 1, 1988, meeting of the City Council to allow park and recreation staff to provide additional information such as maps, sign illustrations and rules to the Council. Roll call was taken on the motion. Ayes, Nelson, Sindt, Harvey. At this time, City Attorney Roger Knutson gave an update on the status of the hearings for disciplinary action for private use of the criminal justice data communication network. He stated that the hearing examiner has set July 22, 1988 as the first date for beginning the hearing on the disciplinary action involving Assistant Police Chief Greg Grose. Police Investigator Clint Anderson's hearing is set to begin on August 2nd. These dates may be changed at the discretion of the hearing examiner. 88.314 Motion was made by Harvey, seconded by Sindt to continue discussion on the status of the hearings for disciplinary action for private use of the criminal justice data communication network until Councilmember Enright arrives. Roll call was taken on the motion. Ayes, Nelson, Sindt, Harvey. 4 • • • CITY OF LAKEVILLE COUNCIL MEETING JULY 18, 1988 88.315 Motion was made by Sindt, seconded by Harvey to receive the report from Donohue and Associates on the condition of the concrete sidewalk along the east side of Kenrick Avenue and authorize the City Attorney to take the necessary legal action to get the sidewalk replaced. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson. The Administrator advised the Council that the owner of the Winsor Grain property has not delivered a clear title to the property and still wants to be paid now by the Dakota County H.R.A. for at least one-half of the purchase price. This project may never be built if Mr. Cook continues to keep his present position in receiving a large down payment without petitioning the Court for Court approval of the payment. 88.316 Motion was made by Harvey, seconded by Sindt to table until August 1, 1988, award of the downtown park-plaza and parking lot contract to Rocon Construction. Roll call was taken on the motion. Ayes, Harvey, Nelson, Sindt. 88.317 Motion was made by Sindt, seconded by Harvey to approve a joint powers agreement with Dakota County and the City of Farmington to establish and implement a household hazardous waste collection program with the additional amendment to make it ongoing. Roll call was taken on the motion. Ayes, Nelson, Sindt, Harvey. At this time, councilmember Enright arrived at the meeting; 9:21 p.m. 88.318 Motion was made by Enright, seconded by Harvey to approve a conditional use permit for Alan and JoAnn Morphew to build a second detached garage at 18275 Ixonia Avenue West, subject to the conditions of the City's consultant planner. Roll call was taken nn the motion. Ayes, Sindt, Harvey, Nelson. At this time the Council reopened discussion nn the status of the. hearings for disciplinary action for private use of the criminal justice data communication network. councilmember Harvey restated his concern that the pressure caused by a hearing might cause both indi- viduals significant mental strain which .could limit their effectiveness on the job. councilmember Sindt stated she felt putting both men in a desk job might limit the liability of the City in case of an accident. City Attorney Roger Knutson stated the only options available to the City at this time are to limit both individuals to police station desk duty only, or to suspend them with pay. Police Chief Rich Radermacher stated requiring both men to remain inside the police station during shift hours may cause a strain on the Department. councilmember Nelson stated he felt suspending them with pay would send a wrong message to the individuals involved and the community. 5 • • CITY OF LAKEVILLE COUNCIL MEETING JULY 18, 1988 :7 88.319 Motion was made by Sindt, seconded by Enright to allow Greg Grose and Clint Anderson to continue to perform their duties .without change but to review the situation again at the August 15, 1988, council meeting if no hearing action has been taken by that date. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Sindt. 88.320 Motion was made by Harvey, seconded by Sindt to authorize and direct City Attorney Roger Knutson to send. the letter he wrote to Thomas Melina, Apple Valley's City Administrator, regarding the sand and gravel operation proposal off of 160th Street in Apple Valley. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson. 88.321 Motion was made by Harvey, seconded by Sindt to direct staff to develop an ordinance on environmental lake regulations for the August 1, 1988, City Council agenda. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Sindt. At this time, the Council had a number of concerns or questions for staff, these included: watering of brown grass at fire station number three, weeds on city right-of-ways and street lights on downtown during the daytime. 88.322 Motion was made by Sindt, seconded by Harvey to adjourn. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Sindt. Time: 10:15 p.m. Respectfu~ay syb}nitted, r, Patrick E. McGarve"y; City Clerk ~~ ~~ Robert Nelson, Acting Mayor 6 • • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING JULY 18, 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 July 5, 1988, regular council meeting. b. Approval of the minutes of the July 11 1988, special council meeting. c. Approval of the claims for payment. d. Receive minutes of the following advisory committees: Planning Commission, July 7, 1988 Park & Recreation Committee, July 6, 1988 Natural Resources Committee, July 5, 1988 Cable TV Board, June 7, 1988 e. Receive report for the first quarter of 1988 from the Fire Depart- ment. f. Approve Dave Burbank as Assistant Fire Chief and Danny Barth as District Chief. g. Approval of an easement agreement for Flagstaff Avenue south of Dodd Ridge Second Addition, Section 11, Range 20, Township 114, between City of Lakeville and Karsko. h. Approve change order 4~1 in the amount of $3,520.00 and final acceptance of Well X63 rehabilitation contract with Bergerson- Caswell, Inc. i. Approve change order ~F1, 175th Street Improvement Project 87-25, with Richard Knutson, Inc. • • • CITY COUNCIL AGENDA JULY 18, 1988 j. Approve change order 4~2 on Improvement Project 87-4, 165th Street, with Preferred Paving. k. Approve change order ~~3 on Improvement Project 86-15, Ipava Avenue & 165th Street, with Northdale Construction. 1. Authorize feasibility study for storm sewer proposed to be in- stalled from the County Road 46 ditch at Illinois Avenue to County Road 46 and 161st Street. m. Approval of the 1988-89 Lakeville Corporate Plan. 5. Approval of the alternate preliminary plat and P.U.D. concept plan of Orchard Lake Hills preliminary plat north of 168th Street. ' 6. Approval of a grading permit for The Cove plat located west of Orchard Trail and south of 188th Street, with Joseph Douglas Development. 7. Approval of the application of Glenn Hulbert for the vacation of Washkie Avenue. 8. Approval of a conditional use permit for Alan & JoAnn Morphew to build a second detached garage at 18275 Ixonia Avenue West. 9. Adoption of an ordinance revising Section 9.2 of the zoning ordinance concerning the temporary use of motor homes as buildings. 10. Application of Messiah Lutheran Church for a conditional use permit for volunteer laborers to live temporarily on church site during construc- tion. 11. Application of Bridlewilde Joint Venture's Shady Oak Shore to rezone from R-2 to B-3 and B-4 at the corner of Cedar Avenue and Dodd Boule- vard on the west side of Cedar Avenue. a. Adoption of the ordinance. 12. Receive reports from Tushie Montgomery Architects and Bossardt Chris- tenson Construction Management for the concept design and cost estimate for a city hall at the northwest corner of 202nd Street and Holyoke Avenue or for converting and adding onto the on-sale liquor store for a city hall. 13. Receive purchase offer from John B. Enggren for the purchase of the on-sale liquor store. a. Approval of a purchase agreement for the sale of the on-sale liquor store. 2 • • • CITY COUNCIL AGENDA JULY 18, 1988 14. Adoption of an ordinance establishing equestrian trails in Ritter Farm Park and regulations for the use of the trails. 15. Update on the status of the hearings for disciplinary action for private use of the criminal justice data communication network. 16. Receive report from Donohue and Associates on the condition of the concrete sidewalk along the east side of Kenrick Avenue and need for replacement. a. Authorize City Attorney to take appropriate legal .action to get the defective sidewalk replaced. 17. Award of the downtown park-plaza and parking lot contract to Rocon Construction. 18. Approval of a joint powers agreement with Dakota County and the City of Farmington to establish and implement a household hazardous waste collection program. 19. Any other business. a. Amendment to agreement with DNR for improvements to boat launch public accesses. b. Authorize installation of traffic control device at 170th Street and Grenadier Avenue intersection. 20. Adjourn. 3