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Home My WebLink About06-17-91 ~r' CITY OF LAKEVILLE COUNCIL MEETING JUNE 17, 1991 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, Harvey and Mayor Zaun. Absent: Councilmember Mulvihill. Also .present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; M. Sobota, Community & Economic Development Director; K. Nelson, City Engineer; D. Morey, Assistant Community & Economic Development Director; D. Gudmundson, Chief of Police; D. Krings, Chief Building Official; C. Friedges, City Clerk. Mn~TEs The minutes of the June 3, 1991, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Councilmember Mulvihill arrived, 7:05 p.m. Administrator: Mr. Erickson asked the Council to consider adding to agenda Item No. 5 the introduction of two interns working on the City's growth impact analysis. Mr. Erickson handed out additional information to the Council for agenda Items 7k and 9, and asked the Council to consider under New. Business a change order for Improvement Project 89-9. Chief of Police: Chief Gudmundson presented the May Police Department monthly report. Parks & Recreation Director: Mr. Michaud presented the May Parks. & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Chief Gudmundson presented an appreciation plaque. to Mr. Rob Mittelstadt of Lakeville Marquette Bank for their $200 donation to the D.A.R.E. program. i CITY OF LAKEVILLE COUNCIL MEETING JUNE 17, 1991 PAGE 2 i Mayor Zaun read a proclamation for Domestic Abuse Awareness Week in Lakeville and introduced. several. special guests. Councilmember Sindt explained .that the Silent .Silhouettes, sponsored by the Women's Consortium, are being displayed at City Hall throughout Domestic Abuse Awareness. Week, June 17-21. Ms. Mary Ajax, .Director of the B. Robert Lewis House, commended the City for its efforts in domestic abuse awareness. Ms. Karen Asphaug, Assistant Dakota County Attorney, commended the Lakeville Police pepartment on the Kate Hebert investigation and gave an overview on court orders for protection. 91.123 Motion was made by Sindt, seconded by Harvey to adopt the proclamation declaring Domestic Abuse Awareness Week in Lakeville, June 17-21, 1991. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. . Mr. Michaud introduced Ms. Joyce Kielpinski, part-time Secretary/Receptionist for the Parks & Recreation Department. Chief Gudmundson introduced Ms. Kim DeYoung, part-time Receptionist for the Police Department. Sergeant Dick Schwartz, project director for the City's growth impact analysis, introduced two intern students who wi71 be working on this project,. Tanya Mayer and Gerard Schwinghammer. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed items 7h, addendum to the development contract for Meadow Brook 2nd Addition, and 70, hold-harmless agreement with Mark Thomseth and. Change Order No. l on .Improvement Project 90-5, from the consent agenda. Councilmembers added item 8, minor comprehensive plan amendment for the new high school, and 15A, Change Order No. 1 on the West Orchard Lake Improvement Project 89-9. 91.124 Motion was made by Harvey, seconded by Mulvihill to approve 'the modified consent agenda items. as follows: • a. Approve claims for payment. -CITY OF LAKEVILLE COUNCIL MEETING - JUNE 17, 1991 PAGE 3 b. Approve monthly investment report. c. Receive minutes of the June 6th Planning Commission, June 5th Parks & Recreation Committee and June 4th Environmental Affairs Committee meetings. d. Approve contract with the State Department of Administration, Building Codes and Standards Division, .for inspection of the new high school. e. Approve amended ALF Ambulance Joint Powers Agreement. f. Receive the 1990 ALF Ambulance audited annual financial report. g. Resolution No. 91-76 approving plans and specifications for Caspersen Park restroom shelter building and setting a bid date for July 10, 1991. h. (Removed from the consent agenda.) i. Approve public .improvement contract with Independent • School District 194 for the new high school. j. .Receive bids for Improvement Project 91-7, Caspersen Community Park .Development, and approve Resolution No. 91-77 awarding contract. k. Approve Resolution No. 91-78 authorizing the temporary closing of City streets for Pan-O-Frog. 1. Approve easement agreement with School District No. 194 for the 1992 elementary school at Highview Avenue and 175th Street and extension of 175th Street, Project 90-9. m. Approve easement agreement with School District No. 194 for Holyoke Avenue/210th Street Project 90-5. n. Final acceptance of utility improvements only, Lake Villa Golf Estates 6th Addita.on. o. (Removed from consent agenda.) p. Approve easement agreement with Howard G. and Patsy R. Jones. q. Approve easement agreement with Quigley-Sims Associates, Parcels 3, 9 and 10, Project 90-1, 205th Street and • Hollins Avenue. CITY OF LAKEVILLE COUNCIL MEETING - JUNE 17, 1991 PAGE 4 • r. Approve easement agreement with Schmitty & Sons, Parcels 2, 3 and 4, Project 90-5, Holyoke Avenue and 210th Street. Roll .call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7H Councilmember Harvey suggested the development contract addendum be amended to state that the. eight. percent simple interest per year be limited to the first five years .after the trunk sewer has been completed. 91.125 Motion was made by Harvey, seconded by Mulvihill to approve the First Amendment to the Development Contract for Meadow Brook Second Addition, to include the following .wording at the end of Paragraph 2, 11or on June 17, 1996, whichever first occurs". Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. • ITEM 70 Mr. Erickson suggested. the Council consider approval of the :hold-harmless agreement with Mr. Thomseth before considering Change Order No. 1 on Improvement Project 90-5 to keep the record clear that Mr. Thomseth agreed to hold the City harmless from any damages caused from the sanitary sewer line before Council approval of the change order .providing sanitary sewer service to his property. 91.126 Motion was made by Sindt, seconded by Harvey to approve an agreement with Mark A. Thomseth for sanitary sewer service to his property on Holyoke Avenue in connection. with Improvement Project 90-5. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ..91.127 Motion was made by Harvey, seconded by .Mulvihill to approve Change Order No. 1 with Erickson Construction, Inc. for sanitary sewer service to the Thomseth residence, Improvement Project 90-5. Rolf call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING - JUNE 17, 1991 PAGE 5 Councilmember Sindt requested the Council take up Item. #11 at this time, as County Commissioner Turner was present ITEM 11 Mr. Michael Turner, Dakota County Commissioner,. spoke to the Council regarding the enactment of the "Local. Option. Sales Tax" as provided in the 1991 omnibus tax bill. He explained that the proposed sales tax increase is not, at all, an option for local government. Counties and cities are being forced to enact this State sales tax increase or face elimination of all local government aid, homestead and agricultural credit and other aids identified in the 1991 tax bill. 91.128 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 91-79 asking the Dakota County Board of Commissioners to enact the "Local. Option. Sales Tax" as provided in the 1991 omnibus tax bill. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Councilmember .Mulvihill asked staff to forward .copies. of the resolution to our senators and representatives, neighboring cities and the League of Minnesota Cities. ITEM 9 Mr. Morey presented the request of Jeff Belzer for an amendment to the planned unit development conditional use permit for Jeff Belzer's Todd Chevrolet at the corner of Trunk Highway 50 and Cedar Avenue. Mr. Morey outlined the site plan modifications being requested. (Numbers 3 and 4 .are the result of comments from the Dakota County Highway Department) . 1. A slightly larger showroom addition to the existing Chevrolet dealership. 2. A larger service/storage area to accommodate the items currently .being stored on-site in the land/sea containers and semi-trailers. 3. The existing northern most driveway access to Cedar Avenue will be relocated approximately. 200 feet to the south, which gains additional parking spaces. 4. The elimination. of the existing southern most driveway access to Cedar Avenue. CITH OF LAKEVILLE COUNCIL MEETING JUNE 17, 1991 PAGE 6 Mr. Morey stated the. Council .has been given two versions of the amendment. One would require removal of the land/sea containers and semi-trailers, currently being used for storage, at the time the Certificate of Occupancy is issued. The other version would allow Mr. Belzer 90 days from the date the certificate of occupancy is issued to relocate. the storage items to the new building addition and remove the land/sea containers and semi-trailers, which is what Mr. Belzer is requesting. Councilmember Sindt asked about Mr. Belzer's plans to shift the driveway access on Highway 50 closer to Cedar Avenue. Mr. Dave Phillips, representing Jeff Belzer, explained that the State Highway Department granted a permit to .move the driveway approximately 65 feet closer to Cedar Avenue. However, they will most likely keep the driveway at its existing location due to an existing pipeline. 91.129 .Motion was made by Harvey, seconded by Sindt to approve an amendment to the Planned Unit. Development Conditional Use Permit for Jeff Belzer's Todd Chevrolet, Inc., subject to removal from .the property of landjsea containers and semi-trailers used for storage within 90 days of the issuance of a certificate of occupancy for the builcling addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 10 Mr. Erickson stated that a year ago, the City Council considered a .request from BFI Medical Waste Incinerator. for a facility in Airlake Industrial Park. At that time, the .Council adopted an interim ordinance (No. 420) temporarily prohibiting the issuance of land use approvals. for waste. disposal facilities, such as medical waste incinerators, pending completion of an in-depth study concerning appropriate land use controls to regulate such uses. That. study has been undertaken, but is not completed. Mr. Erickson stated the City staff and consultants are requesting the. extension of the duration of Ordinance No. 420 until December 31, 1992, or until the adoption of the official .controls contemplated by Ordinance No. 420,. whichever. occurs first. 91.130 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. 434 extending .the duration of Ordinance No. 420, an interim ordinance temporarily prohibiting issuance of land use approvals for waste. disposal facilities. CITY OF LAKEVILLE COUNCIL MEETING JUNE 17, 1991 PAGE 7 Roll .call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 12 Mr. Erickson presented a resolution concerning the new major airport search area designation. The proposed resolution was drafted by the City Attorney and City Administrator and incorporates many points offered by Mr. John Ahlberg and other Lakeville residents. Mr. Erickson outlined the major points of the resolution as follows: 1. Moving. the airport outside the Metropolitan Center violates the Metropolitan Development. and Investment Framework Guide. 2. Moving the airport out of the Metropolitan Center would be a terrible waste of environmental, human and financial resources. 3. The Dakota-Scott search area is environmentally unsuitable for a major airport. 4. Thee environmental and capacity problems at the present. airport can be substantially reduced (several. suggestions are offered in the proposed resolution). 5. The Metropo]atan Council has two conflicting .roles, as the responsible governmental unit charged with reviewing the alternate environmental study and the project proposer. Mr. Knutson explained the possible impact such a facility would .have on property values. He explained that the Supreme Court .has ruled that if a property owner can show there has been a decline in property value caused by an airport, that property owner is entitled to compensation. In the Dakota or Dakota/Scott search .areas,. unlike the situation that exists at the current Minneapolis/St. Paul airport, .the decline in .property value can be more readily measured since, "one day there is no airport, and the next day there is". Councilmember Sindt pointed out that neither. the Dakota or Dakota/Scott search areas have adequate highways to serve a major airport. She suggested. that language be incorporated into. the final resolution. • CITY OF LAKEVILLE COUNCIL MEETING JUNE 17, 1991 PAGE 8 91.131 Motion was made. by Harvey, seconded by Mulvihill to approve the proposed resolution concerning the new major airport search area designation: on an interim basis until a final resolution is considered at the July 1st Council meeting. Roll call .was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. Mr. Erickson stated the resolution will be forwarded to various agencies, and the City hopes to receive comments and input prior to the July 1st Council meeting. The final resolution would be presented at various public meetings scheduled in July. 91.132 Motion was made by Harvey, seconded by Mulvihill to authorize staff to prepare a certificate of appreciation for Mr. John Ahlberg for his efforts in compiling information for this. resoluta.on. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 • Councilmember Sindt raised a concern regarding the Cable Board's recommendation to designate the new Lakevi.l7.e High. School as the .preferred public building to receive the second. color access studio as provided in the franchise with Star Cablevision. She felt that a mobile unit could serve the City and all three school districts, where a fixed unit. would only serve the school district in which it is located. Mr. Knutson explained that the franchise with Star Cablevision specifically states that a second color studio be provided in a public. building. He further stated. that the franchise provides for a mobile unit in addition to .the fixed studio. Mr. Erickson suggested the Council take advantage of the franchise by obtaining the second studio in the. Lakeville High School and possibly join together with three to .five other cities to obtain a mobile unit. 91.133 Motion was made by Sindt seconded by Ruhmann to approve Resolution No. 91-81 requesting Star Cablevision to install a permanent color studio in the new Lakeville High School. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFIlJISHED BUSINESS None. CITY OF LAKEVILLE COUNCIL MEETING - JUNE 17, 1991 PAGE 9 NEW BIISINESS The Council set an HRA meeting for July 1st following. the regular Council meeting. ANNOiJNCEMENTS Next Regular Council meeting, July 1st Council Work Session, July 8th Ground breaking at new high school, July 9th Mayor Zaun adjourned the meeting at 8:55 p.m. Respectfully submitted, Charlene F°riedges, City C rk DuneZaun,Myr