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Home My WebLink About04-19-93 CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 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: Councilrnembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: J. Walston, .Assistant City Attorney; B. Erickson, City Administrator;. K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Feller, Finance Director; D. Gudmundson, Chief of Police; J. Hennen, Planning Assistant; J. Robinette, Public Works Director; C. Friedges, City Clerk. MINUTES The minutes of the April S, 1993, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None. ENGINEER: None. ADMINISTRATOR: Mr. Erickson requested Council consideration of two items under "New Business' ; item 15a, resolution granting approval for charitable gambling for the Lakeville Men's Softball Association, and item 15b, release of final payment to Collins Electric Co. for installation of an emergency generator on the Orchard Trail lift station. CHIEF OF POLICE: Chief Gudmundson presented the March Monthly Police Department Report and the 1992 Annual Report of the Lakeville Police Department. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mr. Erickson introduced Mr. Robert Brown, the new Lakeville Postmaster. Mr. Michaud read the proclamation for Arbor Day, May 1,1993. 93.104 Motion was made by Sindt, seconded by Ruhmann to authorize the Mayor's signature on the proclamation designating May 1, 1993, as Arbor Day in the City of Lakeville. . Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey.. CITY OF T .AKF MLLE COUNCIL MEETING APRIL 19, 1993 • PAGE 2 Mayor Zaun read the proclamation designating the week of April 18-24 as Volunteer Recognition Week. 93.105 Motion was made by Mulvihill, seconded by Harvey to authorize the Mayor's signature on the proclamation designating the week of Aprii 18-24 as Volunteer Recognition Week in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Councilmembers recognized the following volunteers: - Cedar/Dodd 4-H Club for spring clean-up and Adopt-A-Highway - Cherryview Elementary School students and their teacher, Karen Seeling, for preparing educational care packages for homeless children - Joy Clark, Camp Fire leader and team manager - Dr. Tom Evans, ALF medical director - Sharon Kot, school, scout and community volunteer - Guy Larsen, Commissioner of Lakeville Fastpitch Softball Assn. - Pat Messinger, school, scout and community volunteer - Kathy and Mike Murray, volunteers with the Multiple Sclerosis Society - Joyce Wittman, community volunteer • The following valued community servants were also recognized: - Mary Hilgers and nurses from the St. Paul Ramsey Hospital Burn Center - Kevm Fowler, Safety Director for Dakota Electric Association - Steve Kernik, Urban Conservationist with the Dakota County Soil & Water Conservation District - Pat Lynch, DNR Area Hydrologist - Ross Opsahl, DNR Conservation Officer Mayor Zaun read the proclamation declaring .April 24-25 and Health Fair Weekend in Lakeville. 93.106 Motion was made by Sindt, seconded by Harvey to authorize the Mayor's signature on the proclamation declaring April 24-25 as Health Fair Weekend in Lakeville Roll call .was .taken on the motion. Ayes, Sindt, .Mulvihill, Harvey, Ruhmann, Zaun, Dr. John D. Boerth of Boerth Chiropractic, who is coordinating the event along with School District 194, accepted the proclamation. CITIZENS' COMMENTS None. • CONSENT AGENDA CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1993 PAGE 3 Councihnembers removed items 7a, claims for payment, and 7s, authorize burial of overhead utilities for the reconstruction of T.H. 50, from the consent agenda Councihnembers added items 9, 10, 13, 1Sa and 15b to the consent agenda.. 93.107 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. (Removed from consent agenda). b. Receive monthly investment report. c. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, March 30, 1993 Planning Commission, Apri11,1993 Parks & Recreation Committee, Apri17, 1993 d. Resolution No. 93-58 authorizing disbursements from. the 1992 Certificates of Indebtedness Fund. e. Resolution No. 93-59 approving amendment to the 1993 General Fund Budget. £ Approve revisions to the Lakeville City Hall Facility Use Policy. g. Approve agreement with South Forty Archery Range for the use of Ritter Farm Park. h. Resolution No. 93-60 approving a raffle license for All Saints Parish. i. Resolution No. 93-60A approving County Road 46 Right-of--Way Acquisition Agreement, Improvement Project 91-3. j. Approve Change Order No. 2 with Zahl Equipment Company for public works fuel tank installation, Improvement Project 92-12. k. Approve City Administrator's employment agreement. 1. Approve Assignment Agreement with Cities of Apple Valley, Farmington and Rosemount, R.D. Pecar & Company, Inc. and SKB Environmental, Inc.... assigning R.D. Pecar & Company's interests, rights and obligations under the yard waste disposal facility agreement to SKB Environmental, Inc. m. Approve Resolution No. 93-61 authorizing temporary weight limits on various City streets. n. Approve contract with Northwest Associated Consultants for growth management study. CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1993 • PAGE 4 o. Approve Stipulation for Entry of Judgment and Order for Judgment with Joel Frank. p. Receive bids and approve Resolution No. 93-62 awarding contract for miscellaneous bituminous overlay, curb replacement and installation of pedestrian ramps for District 1, Improvement Project 92-9. q. Approve Playground Rules and Regulations for The Land of Amazement. r. Approve tree service operator license for Roggenbuck Tree Care. s. (Removed from Consent Agenda.) 9. Approve Resolution No. 93-63 vacating a portion of 165th Street West in the Crystal Lake Golf Estates PUD. 10. Grant a 30-day extension of time to allow for the filing of the Truehart Addition plat, through May 28, 1993. 13. Adopt Ordinance No. 496 amending Title 9 of the City Code concerning campaign signs. 15a. Resolution No. 93-64 approving a raffle license for the Lakeville Men's • Softball Association. 15b. Approve release of final payment to Collins Electric Co., Inc. for installation of an emergency generator on .the Orchard Trail lift station. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEMS 7A & ?S Councilmember Harvey stated he felt the information submitted by Dakota Electric Association pertaining to total owning costs was not substantiated. He also questioned whether competitive bidding laws were applicable to this type of work. Mr. Walston stated that based on case law, it appears that the competitive bidding law does not apply to thin situation. Mr. Erickson suggested the .City Council request an Attorney General's opinion regarding the appropriateness of owning costs and the applicability of owning costs on utility relocations. Mr. Erickson requested the Council act on this matter at this time so that the Trunk Highway 50 project is not delayed. He suggested payment be sent to Dakota Electric Association, accompanied by a letter from the City Attorney • indicating that the City has requested an Attorney General's opinion on the legality of paying for owning costs. CITY OF LAKEVILLE COUNCIL MEETING APRIL 19, 1993 • PAGE 5 93.108 Motion was made by Harvey, seconded by Ruhmann to appprove the claims for payment, subject to a letter being sent with. Check Na. 169143, in the amount of $28,098.14, stating the City has requested an Attorney General's opinion on the legality of being charged for owning costs. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill 93.109 Motion was made by Harvey, seconded by Mulvihill to authorize the Mayor and City Clerk to enter into .agreements with Vista Telephone, Northern States Power Company and .Dakota Electric Association for burial of overhead utilities to accommodate the reconstruction of T.H. SO between Kenwood Way and Dodd Boulevard, Improvement Project 914, subject to the utility companies involved providing sufficient supporting material to justify the costs of their bids and owning costs, if applicable; and further authorize the City Attorney to prepare the appropriate questions to submit to the Attorney General regarding competitive bidding and owning costs. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill,. Harvey. ITEM 8 • Mr. Sobota stated the developer for Marion Pines 2nd Addition requested the City Council table consideration of the preliminary and final plat to allow the developer additional time to finalize language in the development contract. Mr. Erickson recommended the Council table this.. item until the Apri126th special Council meeting. 93.110 Motion was made by Harvey, seconded by Ruhmann to table consideration of the preliminary and final plat of Marion Pines 2nd Addition until the April 26th special Council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 11 Mr. Walston presented an ordinance amending Title. 3 of the City Cade defining `..and licensing sexually oriented businesses. He explained that the purpose of .the ordinance is to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City, to guard against the inception and transmission of disease, and to establish reasonable .and uniform regulations. He explained that this ordinance regulates the operation/operators of adult use establishments, while the zoning ordinance would govern geographic location and responses to the potential negative secondary effects of such businesses. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 19,1993 • PAGE 6 Councilmernber Harvey explained that while some communities would prefer not to have this kind of business present in their community at all, an ordinance to that effect could not be sustained in court. This ordinance, he stated, is sustainable, while maintaining proper protections for the community. 93.111 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 495 amending Title 3 of the City Code defining and licensing sexually oriented businesses. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 12 Mr. Erickson requested the City Council consider engaging the services of Northwest Associated Consultants for the preparation of an adult use zoning ordinance text amendment. This zoning ordinance amendment would govern the geographic location and respond to the potential negative secondary effects of sexually oriented businesses. Mr. Erickson stated the cast of the work, as outlined by Mr. Licht in his March 8th memorandum, is not to exceed $2,850. 93.112 Motion was made by Harvey, seconded by Mulvihill to engage the services of Northwest Associated Consultants for the preparation of an adult use zoning ordinance text amendment. Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. UNFINISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS Next Reggular Council Meeting, May 3, 1993 Special Council Meeting, Apri126,1993 Mayor Zaun adjourned the meeting at 8:50 p.m. Respectfully submitted, 1~, Charlene Friedges, City Ierk • Du ne Zaun, M o