HomeMy WebLinkAbout12-05-94 e. - y
a
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 5, 1994
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 Johnson, Sindt, Mulvihill,
Harvey and Mayor Zaun.
Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K.
Nelson, City Engineer; M. Sobota, Community & Economic Development
Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director;
D. Gudmundson, Chief of Police; F. Dempsey, Associate Planner; C. Friedges,
City Clerk.
ITEM 3
The minutes of the November 21, 1994, City Council meeting were approved
as presented.
STAFF ANNOUNCEMENTS:
ATTORNEY: Mr. Knutson provided copies of signed purchase agreements for
the VonBank, Lundquist and Freerks .properties, located along the east side of
Highway 50, approximately one-quarter mile north of the Highway 50/185th
Street intersection. He asked the Council to consider approval of the purchase
agreements and relocation benefits under New Business (Item 14).
ENGINEER: None.
ADMINISTRATOR: Mr. Erickson requested an executive session of the City
Council, following adjournment of the regular Council meeting, to discuss
collective bargaining for the Police Officers.
PRESENTATIONS/INTRODUCTIONS:
Chief Gudmundson and Officer/Investigator Tom Vonhof presented a "Saved
by the Belt" certificate to Patricia Jo Rieger, who was involved in a traffic
accident in Lakeville on December 17, 1993. Officer Vonhof explained that
Ms. Rieger's use of safety belts protected her from serious or fatal injury, and
• commended her as a good example to others.
.I
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER. 5, 1994
PAGE 2
CITIZENS' COMMENTS: None.
CONSENT AGENDA:
Councilmembers removed Item 7g from the consent agenda,. and .added Items
9 and 14 to the consent agenda.
94.250 Motion was made by Harvey, seconded by Mulvihill to approve the consent
agenda items as follows:
a. Claims for payment.
b. .Receive minutes of the following advisory committee meetings:
Planning Commission, November 17
Snowmobile task Force, November 21
Cable TV Board, November 22
c. Approve. applications for grant money to assist with the purchase of
cardboard balers.
d. Approve change- orders for the ice arena project.
e. Approve storm sewer credits for Cherryview 2nd Addition.
f. Resolution No. 94-249 authorizing advance encumbrance of municipal
state aid funds for County Road. 46 reconstruction, Ipava Avenue to Joplin
Avenue, Improvement Project 91-3.
g. (Removed from consent agenda).
h. Approve 1995 service maintenance contract with Fredrickson Heating &
Air Conditioning, Inc. for liquor store HVAC systems.
i. Approve 1995 service maintenance contract with Trans-Alarm, Inc. for
liquor store security systems.
j. Resolution No. 94-251 approving a minor comprehensive plan
amendment for minor MUSA boundary adjustments due to the conversion
from a manual mapping system to an automated Geographic Information
System.
® k. Call a public hearing for December 19, 1994, at 7:00 p.m. to consider a
Community Development Application to the Minnesota Department of
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 5, 1994
PAGE 3
Trade and Economic Development to provide a loan to New Morning
Windows, Inc.
1. Receive resignation of Gerald Grenz from the Parks & Recreation
Committee.
m. Approve 1.995 Joint Powers Agreement with the South Metro Drug Task
Force.
n. Approve improvements to Lakeville Ames Arena as described in the letter
from the Lakeville Community Corporation dated November 21, 1994.
9. Grant renewal of cabaret licenses for Babe's Sportsbar & Grill, Lakeville
VFW, Chart House Restaurant, Brackett's Crossing Country Club and
Towers Restaurant & Lounge for 1995.
14. Approve Real Estate Purchase Agreements with, and authorize payment
of the relocation benefits to, Raymond Leander VonBank and Stephane
Y. VonBank, 18100 Kenwood Trail; Frank G. Freerks and Opal Freerks,
18086 Kenwood Trail; and Boyd B. Lundquist, 18114 Kenwood Trail.
.Roll call was taken on the motion. A es Johnson Zaun Sindt Mulvihill
Y ,
Harvey.
ITEM 7G
Councilmembers discussed alternative dates for the first Council meeting in
July of 1995. It was suggested that the first meeting be held on Monday, July
10th, rather than on Monday, July 3rd.
94.251 Motion was made by Mulvihill, seconded by Harvey to approve Resolution No.
94-250 setting the dates of regular Council meetings for 1995, with the first
meeting in July to be held on Monday, July 1 Oth.
Roll call-was aken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 8
Mayor Zaun. opened the public hearing on the renewal of on-sale/club liquor
and Sunday liquor licenses for 1995. Chief Gudmundson stated all seven
.establishments have requested renewal of their liquor/club liquor licenses.
Applications and insurance certificates have been submitted, real estate taxes
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 5, 1994
PAGE 4
on all seven establishments are current, and background checks have been
completed. Staff recommends renewal of the licenses
94.252 Motion was made by Harvey, seconded by Sind# to close the public hearing.
Roll call was-taken on the motion. -Ayes, Sindt, Mulvihill, Harvey, Johnson,.
Zaun.
94.253 Motion was made by Sindt, seconded by Johnson to grant renewal of on-
sale/club liquor and Sunday liquor licenses to the following establishments:
Lakeville Restaurant & Spirits, Inc./dba Babe's Sportsbar & Grill
Lakeville Family Bowl, Inc./dba Lakeville Family Bowl
Oscar & John Soberg Post 210/dba Lakeville VFW
R & A Kveton, Inc./dba Ole Piper Inn
Four-Eleven, Inc./dba Chart House Restaurant
Northern Gopher Golf, Inc./dba Brackett's Crossing Country Club
DeJan, Inc./dba Towers Restaurant & Lounge
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEM 10
Mr. Erickson introduced Robert Renner, Jr., Minnesota Legislative Commission
.lobbyist, and Cynthia Thomas of Thomas Research, who provided an overview
of a recently completed Affordable Housing Study prepared for the Municipal
Legislative Commission. The purpose of the. study, Mr. Renner explained, was
to provide an overview of the public policy issues surrounding affordable
housing and present findings. of an extensive survey of MLC's 13 member
cities.
Mr. Renner. explained that the .survey shows that land prices, not zoning, is
what is driving up the price of homes within the 13 communities surveyed.
This is;partly due to the Metropolitan Council's policies regarding. MUSA lines
The survey also shows that 48% of the homes, when using 80% of the median
income, would qualify for mortgages for first time home buyers. Lakeville,
itself, has funded over $3 million in creating 450 units of affordable housing.,
He pointed out that Representative Orfield is now willing to recognize
manufactured housing as eligible .affordable housing, which is significant to
Lakeville, with 1,050 units of manufactured housing.
CITY 01= LAKEVILLE COUNCIL MEETING
DECEMBER 5, 1994
PAGE 5
In closing, Mr. Renner stated the MLC is planning to turn this report into some
legislative initiatives to, hopefully, resolve the affordable housing issue.
The Council and staff held a brief discussion with Mr. Renner and Ms. Thomas
regarding the affordable housing report. The Council asked staff to forward
.copies of this document to the local public Jibraries.
94.254 . Motion was made. by Harvey, seconded by Mulvihill to receive "An Overview of
Affordable Housing and Related Issues," prepared for the Municipal Legislative
Commission (MLC) by Thomas Research.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 11
Cable Coordinator Chris Oace requested Council approval of a resolution
regarding regulation of rates charged for basic cable service and related
equipment, and a rate order requiring Marcus Cable to rebate recent
..overcharges to their Lakeville cable customers. He explained that Marcus has
• been charging above the allowable rates for equipment, service and basic
cable rates. By adopting the rate order, the City also establishes the maximum
permitted rates for the basic service tier and associated equipment and
installation charges. The Cable TV Board recommends approval of the rate
order.
Councilmember Harvey pointed out that the actual amount being returned to
most customers will be less than 10 cents per month. Mr. Oace explained that
the majority of the rebates resulted from overcharges to customers for
equipment installations.
94.255 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No.
94-252 regarding regulation of rates charged for basic cable service and
related equipment, and orders for;rate action.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 12
Mr. William Kaul, of Cooperative Power Association, requested Council
approval of a conditional use permit to allow the installation of a 115 Kilovolt
CITY OF LAKEVILLE COUNCIL MEETING
.DECEMBER 5, 1994
PAGE 6
overhead electrical transmission line along Dodd Boulevard between 160th
Street and Cedar Avenue.
Mr. Dempsey provided-an overview of the conditional use permit request. He
explained that as part of the project, Cooperative Power Association (CPA) is
proposing to bury the existing overhead distribution lines along Dodd
Boulevard. CPA, the power supplier for Dakota Electric Association (DEA), is
planning to acquire additional right-of-way along Dodd .Boulevard in
cooperation with the Dakota County :Highway Department for future right-of-
way, with a 55/45°~ cost split, the City's share being paid at the time Dodd
Boulevard is upgraded. The transmission line poles are proposed to be 65
feet in height, rust colored steel construction, with. a 30-inch diameter base and
a 10-inch diameter top. The three transmission ..lines are to be installed at 40
feet, 48 feet and 56 feet above the ground, and would be installed within
existing right-of-way adjacent #o platted residential properties.
Mr. Dempsey explained that neighborhood. meetings were hosted by CPA and
DEA prior to scheduling the conditional use permit public hearing. Three
principal issues were raised by neighborhood residents at the meetings. They
were: 1) possible impact on property values; 2) Electromagnetic Field (EMF)
affects on public health; and 3) alternative routes for the transmission lines. In
response to neighborhood concerns, staff developed an alternative route plan
which would lessen the impact on existing single family residential lots which.
are not presently adjacent. to overhead power distribution lines.
The Planning Commission and CPA agreed at the. public hearing to relocate
pole numbers 21, 22 and 23 #o the north side of Dodd Boulevard, pole number
24 on the south side and poles number 25 through 31 on the north side. Staff
recommends approval
Councilmember Harvey referenced an EPA report regarding EMF's which
states that there may. be some correlation between cancer and EMF . He
asked how CPA plans to deal with re-routing of the lines if, some day, the US
Surgeon ..General rules°that EMFs are a health hazard.
Mr. Kaul explained that if this were ever found to be true, their entire network of
transmission and distribution facilities all over the country would need to be
evaluated and addressed. In anticipation, this particular project was designed
by placing the configuration of the conductors so that they are as close
together as possible, which has the affect of canceling the magnetic fields that
are generated by each of the conductors. The magnetic field measurements,
he stated, at any residence along this line are extremely low.
CITY OF LAKEVILLE GOUNCI~ MEETING
DECEMBER 5, 1994
PAGE 7
Councilmember Mulvihill asked why the cost for burying lines is so much
higher than overhead lines. Mr. Ron Predovich, Transmission Engineer for
CPA, explained that a typical transmission line costs $250,000 to $300,000 per
mile. An underground system would need to carry equivalent currents as an
overhead line, which would require two circuits. One quote he received for the
installation of such an,underground-system was $3.5 million for one mile.
Mr. Erickson fated City staff has been responsive to the concerns of the
residents by modifying the corridor to cross it a number of times to where the
transmission line would be away from existing, in-place homes. The existing
overhead power lines along the north side of Dodd Boulevard will be buried as
apart of this project
Councilmember Johnson stated he feels the concerns of the residents have
been appropriately addressed, further stating he feels that when and if studies
prove health hazards are caused by EMFs, authorities will take the necessary
steps to address that issue.
.Councilmember Harvey suggested moving pole number 18 to the north side of
Dodd Boulevard, in an effort to take the line closer to the center of the roadway
. and away from the residents' back yards.
CPA officials stated this design would not be aesthetically pleasing,
considering the. transmission line already crosses the road in several places.
They stated, however, that it could be done.
Mr. Erickson presented an amendment to the conditional use permit (#3D),
which is being offered by staff in response to Councilmembers' concerns. The
amendment reads, "The owner of the transmission line shall indemnify, keep
and hold the City free and harmless from any and all liability on account of
injury to persons or damage to property occasioned by the :construction,
maintenance, repair, inspection, the issuance of permits, or the operation of
the overhead electrical transmission lines."
Ms. Mary Elias, 16570 Dodd Boulevard, asked what is being done about the 31
mature trees that will be removed from her property due to he construction of
this transmission line.
Mr. Erickson explained that Ms. Elias' parcel is likely to be urbanized in the
near future. Trees will be lost with the construction of sewer and water and the
road widening. He stated an appraisal has been done on her property, and
CPA and DEA have stated they will take into account the value of Ms. Elias'
trees in their settlement with her.
CITY OF LAKEVILLE COUNCIL MEETING
DECEMBER 5, 1994
PAGE 8
Mr. Cecil Hoover, 17067 Gage Avenue, provided information regarding pole
damage due to high winds, as was experienced in Florida as a result of
Hurricane Andrew.
94.256 Motion was made by Harvey, seconded by Mulvihill to receive the Planning
Commission's findings of fact and recommendation and approve. a conditional
use permit for Cooperative Power. Association to allow the installation of a 115
Kilovolt overhead electrical transmission line along Dodd Boulevard between
160th Street West and Cedar Avenue, with the addition of Paragraph 3D as
recommended by staff and the movement of pole number 18 to the north side
of Dodd Boulevard.
RoH ca1F was. taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
UNFINISHED. BUSINESS: Councilmember Sindt asked if the trash problem in
the Southfork area. had been addressed. Mr. Erickson stated the owner of the
Southfork Village apartments,. Healey Ramme Company, has been contacted
and was very responsive. The company has provided Mr. Hansen some
consideration for his efforts in cleaning up the debris on his property caused by
the recent unusually high winds. The Administrative Assistant is working with
business owners, i.e. Kenwood Center and Southfork Village, on this matter.
NEW BUSINESS: None.
ANNOUNCEMENTS: Next regular Council meeting, December 19, 1994
Special Council meeting, December 15, 1994
Mayor Zaun adjourned the meeting at 9:20 p.m.
Respectfully submitted,
Charlene Friedge City Clerk
Du ne Zaun, M r