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CITY OF i.AK~'ViY.LE COUNCIL MEETING
NOVEMBER 1,1993
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 Ruhmann, Sindt, Mulvihill,
Harvey and Mayor Zaun.
Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K.
Nelson, City Engineer; D. Feller, Finance Director; M. Sobota, Community &
Economic Development Director; S. Michaud, Parks & Recreation Director; D.
Gudmundson, Chief of Police; J. Hennen, Planning Assistant; D. Licht,
Planning Consultant; C. Friedges, City Clerk.
MINUTES
The minutes of the October 18, 1993, City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
.ATTORNEY:. Mr. Knutson announced that mediation between the Cities of
Lakeville and. Apple Valley regarding the Apple Valley gravel mining issue is
currently scheduled to begin on November 16th at the Burnsville City Hall.
• ENGINEER: None.
ADMINISTRATOR: Mr. Erickson asked the Council to consider, under Unfinished
Business, the appointment of an audit review. committee to interview selected
auditing firms and make recommendations to the City Council on appointment of
the City's auditor for 1993.
Mr. Erickson provided a letter of credit and signed development agreement for
Cracker Barrel Old Country Store, Inc., consent agenda item 7t.
PRESENTATIONS/INTRODUCTIONS
Police Chief Gudmundson introduced the following individuals:
a. Police. Department intern, Dan Erickson.
b. DARE officer, Tom Hakala.
c. Minnesota Corrections Officer of the Year, Mark Carey.
Mayor Zaun. presented a certificate of appreciation on behalf of the. City of
:Lakeville to Mr. Carey.
CITIZENS' COMMENTS None.
CONSENT AGENDA
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 1,1993
PAGE 2
Councilmembers removed Items 7p and 7r from the consent agenda.
Councilmembers added Item 11 to the consent agenda.
93.279 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:
Cable TV Board, October 12
Environmental Affairs Committee, October 19
Parks & Recreation Committee, October 20
Planning Commission, October 21
Economic Development Commission, October 26
c. Resolution No. 93-215 receiving bids and awarding contract for street
improvements to 199th Street and Orchard Trail, Improvement Project
93-14.
d. Resolution No. 93-216 receiving bids and awarding .contract for
maintenance of well pumps #4 and #7, Improvement Project 93-6.
e. Pay. estimate #4 and final payment to Northwest Asphalt for sealcoating
of District 1, curb and resurfacing, Improvement Project 92-9.
f. .Resolution No. 93-217 calling public assessment hearing for Cedar
Avenue, Improvement Project 89-1.
g. Resolution No. 93-218 calling public assessment hearing for County Road
46 reconstruction, Improvement Project 91-1.
h. Resolution No. 93-219 calling public. assessment hearing for Ipava
Avenue, Improvement Project 91-2.
i. Resolution No. 93-220 calling public assessment hearing for District 1
sealcoating, overlay and pedestrian ramps, Improvement Project 92-9.
j. Final acceptance of utility and street improvements, Marion Village...
k. Final acceptance of utility and street improvements, Hypointe Crossing.
1. Special assessment agreement with Steven Timmer, 8954-210th Street W.
m. Special assessment agreement with Patrick & Lana Skahen, 10505-162nd
Street W.
n. Joint Powers Agreement with the South Metro Drug Task Force.
CITY OF i„~~F.Vii~LE COUNCIL MEETING
NOVEMBER 1,1993
PAGE 3
o. Resolution No. 93-221 approving specifications and setting a bid date
for two dump trucks with plows.
p. (Removed from consent agenda).
q. Authorize City staff to remove South Jaycee Park softball field.
r. (Removed from consent agenda).
s. Authorize City of Lakeville to act as treasurer for the Municipal
Legislative Commission.
t. Resolution No. 93-228 approving development contract and MnDQT permit
for the Cracker Barrel 1d Country Store project.
u. Approve on-sale .liquor manager with Babe's Sportsbar & Grill and
acknowledge administrative action.
v. Resolution No. 93-223 approving Lakeville Lions Club gambling .permit
renewal for pull tabs at Babe's Sportsbar & Grill.
w. Authorize John DuBois to provide professional assistance regarding the
procurement of a replacement 911 telephone system.
11. Resolution No. 93-227 approving vacation of 171st Street West.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,.
Harvey.
Consideration of Item 7p was postponed until Later in the meeting, pending
arrival of the architect and construction manager for the police station
expansion/remodeling project.
ITEM 7R
93.280 Motion was made by Sindt, seconded by Harvey to authorize City staff to
submit a letter supporting the grant application by ISD 194 to the Phillips
Environmental Partnership.
Roll call was taken on .the .motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
93.281 Motion was made by Sindt, seconded by Mulvihill to .authorize the Parks &
Recreation Committee to provide recommendations concerning the long-range
plans for environmental learning programs at Ritter Farm Park.
Roll call. was taken on the motion. Ayes, Sindt, Mulvihill,. Harvey, Ruhmann,
Zaun.
i
CITY OF j.1.E COUNCIL MEETING
NOVEMBER 1,1993
PAGE 4
ITEM 8
Mayor Zaun opened. the public assessment hearing for the 195th Street sanitary
sewer extension, Improvement Project 92-10. (7:20 p.m.) The City Clerk
attested that legal notices were duly published and mailed.
The .City Engineer presented the project costs and .assessments for sanitary
sewer improvements to 195th Street West, Improvement Project 92-10. He
explained that the. final. project cost ($185,085.96} was significantly under
the :feasibility xeport estimate of $251,870. -The .savings resulted during
final design when the .sanitary sewer along Holyoke Avenue was installed in
the easterly right-of--way off the existing road, which minimized street
restoration costs.. The unit assessment for all property owners is $3,004.38,
and the .total amount being assessed is $51,074.35. The City's portion of the
project cost was also reduced from the feasibility report estimate. Mr.
Nelson stated that to date, with the exception of one vacant .lot, all
property owners have connected to the sanitary sewer.
Mr. Feller explained the City's policy relating to payment of assessments and.
the senior citizen deferment.
There were no comments from the audience regarding the proposed assessments.
93.282 Motion was made by Harvey, seconded by Sindt to close the public hearing.
'7:30 p.m.
Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
93.283 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No,
93-224 adopting assessment for Improvement Project 92-10, sanitary sewer
extension for 195th Street West.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill
ITEM 9
Mayor Zaun opened the public assessment hearing. for weed and grass removal.
(7:34 p.m.} The City Clerk attested that legal notices were duly .published
and mailed.
John Hennen, Planning Assistant, stated that zonin violation notices .were
sent to 25 property owners in regard to weeds and~or grass in excess of 12
inches in length, which is a City ordinance violation. Two of the parcels
had. -not been cleaned up and are, therefore, being assessed for weed/grass
removal by the City. The assessments will be certified to the County Auditor
for collection with property taxes.
There were. no comments from the audience regarding the proposed assessments.
CITY OF LAI~EVILLE COUNCIL MEETING
NOVEMBER 1,1993
PAGE 5
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93.284 Motion was made by Mulvihill, seconded by Ruhmann to close the public
hearing. (7:36 p.m.)
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
Harvey.
93.285 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No.
93-225 adopting assessments for weed removal
Roll .call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
ITEM 7P
Mr. Paul Mickelberg of Boarman, Kroos, Pfister, Rudin & Assoc.. presented the
plans and specifications for the police station expansion and remodeling
project. John Bossardt of Bossardt & Associates presented the proposed
budget. of $1.1 million for the project. He stated bids will be opened on
November 1Qth, and construction is expected to begin. the first week in
December.
93.286 Motion was made by Harvey, seconded. by Mulvihill to approve Resolution No.
93-222 approving plans and specifications and receiving the design
development cost estimate for the police station expansion and remodeling
project.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
. Zaun.
ITEM 10
Mr. Doug Firnstahl, representing The Cove Development Partnership and Lewis
Land, Inc., requested Council approval of the final plat of Kabot Cove. (a/k/a
The Cove).
Mr. Sobota presented the Kabot Cove final plat, which consists of nine singgle
family residential lots located east of I-35 and north of Lake Marion. He
.explained that the preliminary plat was approved in 1988. The proposed final
plat of Kabot Cove includes two fewer lots than the approved preliminary
plat.
Mr: Sobota stated that the proposed plat provides for the grading of a trail
connection to Great Oak Shores 2nd 'Addition to the west. He also stated that
all nine lots will be custom graded, and 7$%a of the significant trees located
within the final plat boundaries will be saved. Three wetland areas located
within the final plat boundaries will be located within the drainage and
utility easements. Staff is recommending approval of an easement agreement
with two property owners for the ponding/wetiand area on the north end' of the
plat. These easements would clear up some long standing drainage issues
related to construction of sanitary sewer pipe to serve Great Oak Shores.
CITY OF LAI~EVILLE COUNCIL MEETING
NOVEMBER 1,1993
PAGE 6
Councilmember Harvey asked if any fill will be required under house footings,
and the City Engineer stated no fill is required.
93.287 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 93-226
approving the final plat and development agreement for Kabot Cove.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun,
Sindt.
93.288 Motion was made by Sindt, seconded by Ruhmann to approve an easement
agreement with Craig & Lynette Natvig and Russell & Peggy Hoese.
Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt,
Mulvihill.
ITEM 12
Mr. David Licht, Northwest Associated Consultants, presented proposed
amendments to the City's zoning and subdivision ordinances. .The proposed
amendments, he explained, represent recommendations of the Strateg~'c Growth
Management Task Force, Planning Commission, Environmental Affairs Committee,
Parks & Recreation Committee, Economic Development Commission, Northwest
Associated Consultants, the City Attorney and City Administrator. Zoning
ordinance amendments will increase the residential lot size from 11,000
square. feet to 15,000 square feet for lots platted after January 1, .1994.
Setback standards are being increased (by five feet), as well as :requirements
for off-street parking (three-car attached garages), and. future building
expansions (i.e. porches and decks).
Amendments to the subdivision ordinance will address such areas as platting
procedures, premature subdivision provisions and subdivision design, minimum
lot area, mayor street buffers, cul-de-sacs, easements/protected areas, tree
preservation and storm drainage.
Councilmember Sindt asked if all issues raised by the Strategic Growth
Management Task Force have now been addressed. Mr. Erickson stated the
majority of the recommendations have been addressed, particularly in the area
of economic development. He pointed out that densities are being reduced. and
protection is being enhanced in many environmentally sensitive areas of the
community.
93.289 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. 512
amending the Lakeville Zoning Ordinance to respond to various growth
management directives; and Ordinance No. 513 amending Title 10 of the
Lakeville City Code (the Subdivision Ordinance) to respond to various growth
management directives.
Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,
• Harvey.
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 1,1993
PAGE 7
ITEM 13
Cable Coordinator Chris Oace presented a proposed ordinance governing the
procedures and standards for the regulation of cable television rates
pursuant to the rules of the Federal Communications Commission and the Cable
.Television Consumer Protection and Competition Act of 1992. He explained
that on November 15th, the rate freeze imposed on cable companies by the FCC
will be lifted. By adopting the ordinance, the City states that. it will
regulate rates in accordance with the FCC. After.. notification of the cable
company, and a 30 day waiting period, the City is allowed to begin regulating
rates. Mr. Dace stated the Cable TV Board recommended, on a vote of 6 to 2,
that the City Council adopt the ordinance as presented.
Mr. Steve Peterson of Star Cable requested the City not go through the
certification process, as he felt it .was not necessary since Star intends to
meet the benchmark prices. He stated Star has already created the lower cost
basic tier (31 cents below benchmark) and is willing to meet any obligations
mandated b~ the rate regulation process. He painted out .that the City will
never lase rts ..opportunity to regulate rates. He requested, however, that
the remaining .charge for additional outlets ($1.50. per outlet) be phased out
through 1995 rather than immediately dropped to no charge. He stated Star
Cable s cash flow would be lessened to the point where they would not be able
to meet their loan obligations.
i Councilmembers Sindt and Harvey raised concerns regarding Star Cable charging
its customers for additional outlets.
Councilmember Ruhmann asked if the City has any alternatives to certifying at
this time, given the fact that Star :Cable has met the benchmark price. He
asked if certification could be done if Star Cable were to announce its
intentions for a rate increase at a later date.
Mr. Oace explained that equipment charges. can only be regulated when a city
certifies. He further stated that by not certifying .now, the City takes away
the ability of the. FCC to respond to a Lakeville customer's complaint on
charges for basic services and, .under certain circumstances, rate increases
after November 15th become more difficult to roll back.
Mr. 'Erickson stated the City Council. finds .itself in a position to follow the
process,. since the City of Lakeville encouraged Congress to bring cable rates.
under regulation. He explained that while .the :City has had a good working.
relationship with Star Cable, a situation could develop whereby Star could
sell their franchise to another cable operator. Under those circumstances,
the City would be better served to have certified.
93.290 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 514
governing .the procedures and standards for the regulation of cable television
rates pursuant. to the rules of the Federal Communications Commission and the
Cable Television Consumer Protection and Competition Act of 1992; and direct
i the Cable Coordinator to submit FCC Form 328 on December 1, 1993, for rate
regulation to be effective January 1,1994.
CITY OF LAKEVILLE COUNCIL MEETING
NOVEMBER 1,1993
PAGE 8
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Ruhmann.
UNFINISHED BUSINESS
Mr. Erickson requested the City Council appoint an audit selection committee,
consisting of two councilmembers, who would interview potential auditing.
firms and make a recommendation to the full Council on appointment of the
City's auditor for 1993.
93.291 Motion was made by Harvey, seconded by Mulvihill to appoint councilmembers
Sindt and Harvey to the audit selection committee, and appoint Councilmember
Mulvihill as the alternate.
Roll call was. taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann,
Zaun.
Councilmember Harvey asked about the current .status of the Jacquard
Avenue/County Road 64 improvement project. The City Administrator stated
utility relocation work is nearing completion.
NEW BUSINESS None.
ANNOUNCEMENTS
Next regular Council meeting, November 15th
Special Council meeting, November 3rd
Budget work sessions, November 16th and 29th
Mayor Zaun adjourned the meeting at 9:15 p.m.
Respectfully submitted,
harlene Friedges, C' Jerk
ane Zaun,
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