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HomeMy WebLinkAbout12-17-90 CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 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: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; J. Robinette, Public Works Director; A. Brixius, .Planning Consultant; M. Sobota, Community & Economic Development Director; D. Morey, Asst. Community & Economic Development Director; J. Hennen, Planning Assistant; Sergeant Bellows,. Police Dept.; B. Christensen, Fire Chief; D. Barth, Asst. Fire Chief; C. Friedges, City Clerk. 1~IIl10TES The minutes of the .December 3, 1990, City Council meeting were approved as printed. STAFF ANNOUNCEMENTS Attorney; .Roger Knutson asked the Council to consider removgng Item 7v from the Consent Agenda to .discuss renewal of the non-intoxicating malt liquor license for Little Joe's Pizza. Mr. Knutson also asked the Council to consider, .under. New Business, a letter of credit and claims agreement for the Grist Mill expansion project; and a .resolution ordering the repair or removal of a hazardous building on 210th Street. .Engineer None. Administrator: Mr. Erickson handed out a revised list of .delinquent utility accounts, Item No. 9. Mr. Erickson asked the. Council to consider discussing, under New. Business, the preliminary search areas for a new major airport. He also stated the staff has information for the Council members regarding.. their request to publicize Council meeting agendas, and asked that the matter be discussed under Unfinished Business. .Chief of Police: In Chief Gudmundson's absence, Sergeant Bellows presented the November Police Department monthly report. Parks & Recreation Director: Mr. Michaud presented the November Parks & Recreation Department monthly .report. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 2 PRE SENTATIONS/INTRODUCTIONS: Mayon Zaun introduced Mr. Ken Thury, .Social Studies Teacher at Lakeville Senior High School, who introduced three students from his Community Involvement Class. The students presented illustrations from a booklet they prepared showing Lakeville ordinances in satire. Chief Christensen and Assistant Chief Barth presented a trophy to Fire Prevention Poster Contest Winner, Anne Saienga, a student at Lake Marion Elementary School. Mrs. Aldt was presented the teachers traveling trophy. Jim Robinette introduced the new Street Department employee, Mr. Daniel McCarthy. CITIZEN'S COMMENTS Mr. Joel Frank stated he wished to make a statement regarding the. issue of his home on 210th Street. Mayor Zaun stated he would be given an opportunity to make a brief statement when the matter is discussed under New Business. CONSENT AGENDA • Councilmembers removed Item 7v, renewal of non-intoxicating malt liquor licenses; and added Item 14, :adoption of an ordinance concerning street lights, to the .consent agenda. 9D.308 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as amended: a. Approve claims for payment. b. Receive advisory committee meeting minutes: Planning Commission, December 6, 1990 Parks & Recreation Committee, December 5, 1990 Natural Resources .Committee,. December 4, 1990 Economic Development Commission, November 27, 1990 c. Approve Resolution No. 90-165 setting dates for regular Council meetings in 1991. d. Approve .Resolution No. 90-266 authorizing debt redemption of outstanding General Obligation Bonds. e. Approve Resolution No. 90-167 establishing storm sewer charges for 1991. i CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 3 f. Approve Resolution No. 90-168 establishing State Aid street assessment rates for 1991. g. Approve Resolution No. 90-169 establishing water unit, sanitary sewer unit and sanitary sewer area charges for 1991. h. Approve Resolution No. 90-170 approving .plans and specifications and authorizing advertisement for bids for sanitary sewer televising and rehabilitation, Project 90-6. i. Approve Resolution No. 90-171 approving plans and specifications and authorizing advertisement for bids ..for Valley Park reservoir painting, Project 90-7. j. Approve Resolution No. 90-172 approving plans and specifications and. authorizing advertisement for bids for Well and Pump No. 2 rehabilitation, Project 90-8. k. Approval of credits and storm sewer area assessments for Cherry Ridge .First Addition. to Approval. of credits and storm sewer area assessments for . Meadow Brook First Addition. m. .Approval of credits and storm sewer area assessments for Country Pond South. n. Approval. of .credits and storm sewer area assessments for Kenwood .Oaks. o. Approval of storm sewer credits for Southfork Village 3rd Addition. p. Final acceptance of utility improvements .only for Cedar Glen 2nd Addition. q. Final acceptance of street improvements only for Trotters Ridge 1st Addition, Phases I and II, .and Trotters Ridge 2nd Addition. r. Approve fee title acquisition of Outlot A, Royal Woods Addition, and ponding easement acquisition. for .part of Outlot A, Lake Marion Estates. s. Final acceptance of street and utility improvements for Rolling 'Oaks South, Plats 7 and 8. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 4 t. Final acceptance of street and utility improvements for Cherrywood Heights 3rd Addition. u. Receive preliminary report from OSM for additional water. storage and backup for Dakota Heights Water Reservoir, Project 90-3. v. Removed from Consent. Agenda. w. Approve renewal of dance/cabaret licenses for 1991 .per memo from City Clerk dated December 11, 1990. x. Approve renewal of cigarette licenses for .1991 per memo from City Clerk dated December 13, 1990. y. Approve renewal of mechanical amusement device .licenses for 1991 per memo from City Clerk dated December 13, 1990. z. Approve renewal of garbage, .rubbish and recyclable material collector licenses for 1991 per memo from Planning Assistant dated December 12, 1990. aa. Approve renewal of billboard and bench sign licenses for 1991. per memo from Planning Assistant dated December 12, 1990. bb. Approve renewal of taxi cab license (Tiger Taxi) for 1991. cc. Approve amendment to the Blackdog Water Management Organization Joint Powers Agreement dd. Approve grant applications for the purchase of cardboard balers per memo from Planning Assistant dated December 13, 1990. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7V Mr. Knutson explained that Little Joe's Pizza leases space in the McStop Convenience Center, which. is owned by .Interstate Retail ,Partnership of Lakeville. City ordinance states.. that no liquor .license shall be granted or renewed for operation on any premises on which real estate taxes are due, delinquent or unpaid. It was explained that Mr. Joe Balut, owner of Little Joe's Pizza, pays his share of the property taxes through his monthly rent; however, taxes on the property are delinquent for the entire year. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 5 Mr. Randy Sparling, attorney for Little Joe's, explained that approximately $46,000 in taxes and penalties are currently .outstanding on the property. He asked the Council to consider granting a six .month extension on the. malt liquor license for Little Joe's to allow this bill to be paid. Councilmember Sindt suggested,' and. Mr. .Knutson agreed, that the City Code could be amended for leased property to prevent this type of situation in the future. Councilmember Harvey suggested the tenant make his monthly rent payments to the County ..Auditor, to be credited to the unpaid taxes. Mr. Knutson stated he would find out if the Auditor is willing to allow these taxes to be paid in monthly installments. Mr. Erickson suggested the City Attorney contact :the property owners to get a better understanding as to how they plan to remedy the situation, and. suggested the matter be revisited in 60 days. 90.309 Motion .was. .made by Sindt, seconded by Harvey to extend the current on-sale non-intoxicating malt liquor license for Little Joe's Pizza until February 4, 1991. • Roll .:call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 90.310 Motion.. was made by Harvey, seconded by Mulvihill to approve non.-intoxicating malt liquor license renewals for 1991 to .Berries .Market & Deli, Mega Stop, Second Season Golf, Brook's Superette, Enggren's Enterprises, Pizza Hut, SuperAmerica (175th & T.H. 50) and SuperAmerica (161st & Cedar). Roll .call was taken on the motion. Ayes, Mulvihillr Harvey, Ruhmann, Zaun, Sindt. ITEM 8 Mayor Zaun opened the public hearing on the proposed' sanitary sewer and watermain extensions along Holyoke Avenue .from 210th Street to McGuire Jr. High School, Project 90-5 (8:00 p.m.). The City Clerk attested that legal notices were duly published and mailed. Keith Nelson explained that .the feasibility report was ordered in response to a letter from Andy and Chris Radford,. residents of 21060 Holyoke Avenue, which described substandard septic systems serving their home and the home located at 21080 Holyoke Avenue. He explained that the septic tank overflow in the driveway at 21080 Holyoke presents a potential health hazard. CITY OF LAKEUILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 6 Mr. Nelson explained that due to the existing drainage way and elevation of the culverts across Holyoke Avenue, the existing sanitary sewer located at the intersection of Holyoke Avenue and 210th Street cannot be extended south to serve the problem homes. Therefore, sanitary sewer service. must be extended from trunk sewer facilities located east of McGuire Jr. High. The City's Comprehensive Sanitary Sewer Plan indicates the need for a trunk sanitary sewer facility in this area. The drainage basin that the trunk sewer would ultimately serve includes the .southwest area of the City, a total of 1,665 acres. However, only approximately 250 acres is within the Year 2010 Metropolitan Urban Service. Area (MUSA). Mr. Nelson stated that Engineering proposes the construction of a 21 inch trunk sanitary sewer facility be built to the west side of Holyoke Avenue. Staff feels the proposed 21 inch trunk main is of adequate size based on a 50 year design. .life, which will accommodate all ..flows generated until the .drainage district is 75 percent developed. He explained that Engineering anticipates development will occur in :portions of this drainage district if the MUSA boundaries.. are expanded in 2010, and the existing 18 inch pipe, which the 21 inch pipe would connect into, is anticipated to be sufficient for another 25 to 35 years. Ultimately, this 18 inch pipe would be replaced with a 21 or 24 inch pipe. Mr. Nelson went on to explain that no watermain currently .exists along Holyoke Avenue; however a 12 inch and a .six inch .main .exist.. at the intersection of Holyoke Avenue and 210th Street.. In addition, an existing six inch watermaan serves McGuire Jr. High School and is privately owned by Independent School District No. 194. The Schmitty & Sons .bus .garage is .served by water connections ..off .the .school. district's water lane. The .school district entered into an agreement with Schmitty's to provide temporary water connections until City water becomes available. In order to serve .the homes in the project area, a 12 inch trunk watermain is proposed to be extended. from the intersection of Holyoke Avenue and 210th Street, south along Holyoke .Avenue. At the south end of the 12 inch watermain, a six. inch extension is proposed to go easterly to connect with the school's watermaan. This connection, Mr. Nelson explained, would. improve circulation, as well as increase flow capacity for fire .demands at the hydrants located near the school. Minnesota law requires that if a .sewage collection system expansion will ultimately carry 500,000 gallons per day or more, an Environmental Assessment CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 7 Worksheet (EAW) must be prepared prior to Minnesota Pollution Control Agency permit approval. Mr. Nelson explained that construction of the trunk sanitary sewer is proposed to be financed from the City's Trunk Utility .Fund. Fifty percent of the cost for. the lateral extension. along .Holyoke Avenue is proposed to be assessed to the adjacent property owners on the east side of Holyoke. Since the land west of Holyoke is indicated as wetland on the National Wetlands Inventory map, its development potential is unknown. No assessments are proposed for the Schmitty & Sons property west of Holyoke at this time, however, they inclicated plans to develop that. property.. It is recommended that this portion of the cost be financed from the City's Trunk Utility Fund and that future access charges be imposed if and .when development occurs. Assessments to property owners for the proposed watermain will be based on the cost of installing a typical eight inch ..lateral watermain across their assessable front footage. The difference in cost of oversizing for a 12 .inch watermain will be financed through the City's Trunk Utility Fund. Schmitty's bus garage will be assessed since they have a temporary agreement for water off a private line owned by the school district. .Assessments are not proposed to .their property west of Holyoke due to its unknown development potential. Mr. Nelson provided an estimated cost summary and a proposed project schedule as shown in the feasibility report for ..Project 90-5, dated November, 1990. (Report on file in the City Clerk's office.) The approximate .project cost is $179,600,. with $19,800 to be assessed to the benefitting property owners, for an approximate total assessment of $46.84 per front foot. Mayor Zaun opened the hearing to questions and comments. Mr. Steve Hansen, 18030 Kenwood Trail, asked why the property owner does. not install a new septic system, which would save the City the cost of a public improvement project. He also suggested. the City consider. inspecting all private .septic systems in Lakeville for similar potential health hazards. Mr. Nelson explained that the property owner petitioned the City for this improvement, as little can be done by the property owner due to the high ground water and soil ..conditions in the area.. He further explained that the City's Comprehensive .Sanitary Sewer .Plan recommends the .installation of trunk sanitary sewer in this area, .and the proposed CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 8 project builds the City's infrastructure for future. extensions to serve new .development west of Holyoke Avenue within the sewer service area. Mr. Erickson explained that ...the City's Public Works Department will, in 1991, conduct an audit of all private septic systems and determine availability to sanitary sewer, especially around the lakes. He pointed out that current City policy states that if a septic system is adequately serving the needs of the residents, mandatory hook-up to the City system is not required. 90.311 Motion was made by Ruhmann, seconded by Sindt to close the public hearing. 8:15 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. .90.312 Mota.on was made by Sindt, seconded by Harvey to approve Resolution No. 90-173 ordering public improvement and preparation of .plans and specifications for proposed sanitary sewer and water extension along Holyoke Avenue between 210th Street and McGuire Junior High, and authorize preparation of an Environmental Assessment Worksheet, -Improvement Project 90-5. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 Mayor Zaun opened the public hearing on the certification of delinquent utility accounts (8:17 p.m.) . The City .Clerk attested .that legal notices were duly published and mailed.. Dennis Fel],.er explained that delinquent utility bills are certified semi-annually in an effort to minimize City...losses due to bankruptcy. He explained that every effort is made to notify property owners and give them ample opportunity to pay the account prior to certification. Mr. Feller explained that the list of delinquent customers contains 111 accounts with $22,959.30 being. assessed. This amount includes a $25 administration fee and 12% interest on each .account. The total amount. of delinquencies represents approximately two. percent of the total amount billed during the last six months. 90.313 Motion was made by Harvey, seconded by Ruhmann to close the public hearing (8:20 p.m.) CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 9 Roll call. was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 90.314 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 90-174 certifying unpaid water, sewer. and street lighting charges to the County Auditor to be collected with other taxes on said property. Roll call was taken on .the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 10 Daryl Morey presented the request of Paul Baker to vacate an .existing drainage (ditch). easement that traverses property he owns in downtown Lakeville (Lot 6, Block 1, Lakeville Village) . Mr. Baker is requesting the easement vacation in order to clear. the title to his property so it can be sold. Mr. Morey explained that the drainage easement was recorded in 1910 and covers a vaguely defined strip of land through Block 1 for the purpose of establishing a ditch to carry storm water. He explained that the City Engineer. and City Attorney have reviewed the. request and recommend approval of vacating the entire drainage easement across Block 1. The Planning Commission held a public hearing on the matter and unanimously recommended approval of vacating the entire drainage easement across Block 1. Mr. Baker questioned the need to pay the $300 application .fee for vacating an easement that is no longer being used. Councilmember Ruhmann stated he felt if other.. property owners benefitted from. the easement vacation, they should be .required to pay a portion of the fees .along with Mr. Baker. Councilmember Sindt voiced her concern over vacating an easement .where a drainage problem. currently .exists. Mr. Nelson explained that storm sewer has been installed on the property, which picks up street drainage along Upper 209th Street.. However ponding does occur on the Baker property, since his rear yard is below the. street grade, and staff will look into constructing a beehive catch basin during construction of the storm sewer project. It was also explained..that this easement will not affect the final design of the downtown storm sewer project. Mr. Erickson explained that staff suggested Mr. Baker contact the adjacent property owners and ask them to participate in paying the application fee. He further explained that this easement vacation was. not necessitated by CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 10 the City, and the easement would not be vacated at this time if the property owner. had not come forward with an application. Councilmember Harvey also voiced concern over vacation of the entire drainage easement across Block 1 prior to construction of the downtown storm sewer project. 90.315 .Motion was made by Harvey, seconded by Sindt to .approve Resolution No. 90-175 vacating a drainage easement in Lakeville Village, with the proviso that the legal description of the easement show Lot 6, .Block 1 only. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 Alan Brixius presented the conditional use permit request of J. L. Shiely Company to allow the expansion. of their existing .gravel mine located at the northwest corner of I-35 and County Road 64. He explained that the project consists of a ..staged mining and reclamation plan extending in a westward direction from the existing mine, with the first reclamation . along the eastern boundary. Mr. Brixius explained that .City staff has been very cautious in consideration of the conditional use permit to insure that the operation is in compliance with the City's existing gravel mining ordinance. The property is found to be outside. of :the Year 2010 Metropolitan Urban Service Area (MUSA} boundaries. No utilities are intended for this area,. and the property just west and north of the site is rural residential and agricultural in nature. Considerations. were taken into account with the site's proximity. to Interstate 35. Concerns raised by staff, and addressed by the applicant, included dust, noise, traffic and visual impact to adjacent properties. Upon staff's request, the applicant has proposed a buffer plan consisting.. of a 50 foot setback and a four foot high berm. Additional landscaping was required, .consisting of 1,000 seedlings per year being planted into the perimeter buffers. Mr. Brixius explained that natural environment .concerns .were raised by staff, and the applicant has addressed concerns related to wells, storm water runoff and grades. Staff recommended the minimum grades. be raised at least 10 feet, and the applicant has provided a post .grading plan which reflects that change. Another concern of staff was access by CITY OF LAKEVTLLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 11 way of the Dunham farm. It was decided that the Dunham farm would not be used as an access, and alternative street access points havebeen located. Mr. Brixius explained that an agreement has been reached as to how -the reclamation plan would be processed. The City is requiring a $1,500/acre security be posted annually, with renewal of the gravel permit, to insure that. reclamation is accomplished on an orderly basis. The Planning Commission recommended approval subject to the conditions outlined in the planning report. Mr. Bob Bieraugel, Environmental Affairs Manager .for Shiely, stated he feels their proposed mining operation will adhere to the City's new mining ordinance. He felt the $1,500/acre security was reasonable and suggested they provide to the City a current air photo, rather than obtain an annual certificate of survey. Councilmember Harvey asked about the concrete block recycling that currently .takes place on the site. Mr. Bieraugel explained that they are recycling come-back concrete from cement .trucks, which is turned into a marketable .product. • Councilmember Harvey voiced his concern .that the requirement of planting 1,000 seedlings per year may be unreasonable and suggested that figure could be determined during the City's bi-annual inspection of the. landscaping. 90.316. Motion was ..made by Harvey, seconded by Mulvihill to receive. the Planning Commission's findings of fact and approve a conditional .use permit for J. L. Shiely Company to allow the expansion of an existing gravel mine on the west side of I-35 at County Road 64, with a provision in Item No. 6 of the Canditional Use Permit that during the bi-annual land inspection,.. the .number of seedlings in Item No. 7 may be increased or decreased by 500 seedlings. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 12 Dennis Feller presented .the proposed adjustments to the 1990 General Fund Budget and .described the different types of transactions which are used to adjust the budget. He explained that overall, the 1990 budget shows a decrease in the fund balance, due. primarily to the creation of Special Revenue Funds, ie, Cable TU and Employee Benefits Funds. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 17, 1990 PAGE 12 90.317 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 90-176 amending the 1990 General Fund Budget. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 13 .Mike. Sobota explained that the City of Lakeville is eligible every other year for Community Development Block Grant (CDBG) entitlement funds from Dakota County. The .amount available in 1991 is $91,200. These funds may be used for activities that benefit the low/moderate income, aid in prevention or elimination of slums and blight or alleviate urgent community development needs. The staff has .reviewed potential projects that are eligible uses for the funds and recommends the funds be used for demolition of the concrete grain silos in downtown Lakeville. Mr. Sobota explained that the silos have not been used for the past. few years, and no useful purpose is likely for them. The staff has discussed this proposed project with. the Dakota County HRA, and there is potential for additional housing on the site (expansion of the Winsor Plaza apartments). Mr. Sobota explained. that the Council. is not being. asked to enter .into a development -agreement for the project at this time, but .merely to move ahead with submission of the application. He further explained that staff has not received a written estimate on the cost of demolishing the silos and cannot determine at this time if the CDBG funds will cover those costs. Mr. Erickson pointed out that the downtown senior citizens have expressed their support of the silo demolition. 90.318 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-177 approving the application of the City of Lakeville for fiscal year 1991 Dakota County Community Development Block Grant funding. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 15 Sergeant :Bellows explained that. with the increased .problems on frozen lakes with open bottle and driving under the influence, an .ordinance has been drafted which would allow police officers to enforce the open. bottle and D.W.I. laws on • Lake Marion and other lakes in the City. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1T, 1990 PAGE 13 • 90.319 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 425 amending Title 6 of the Lakeville City .Code concerning traffic regulations .(driving on the ice of any lake, stream or river) . Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 16 Mr. Erickson explained that council salaries in .other Metropolitan Area cities of over 20,000 population were surveyed, and approximately one-third of these cities have higher salaries for their mayor and council members. .than Lakeville has for .1991. He explained that our mayor and council members felt a $50 per month increase in 1992 and 1993. was appropriate in keeping the conservative .approach the Council has taken over the years. 90.320 Motion was made by Harvey, seconded by Mulvihill to adopt Ordinance No. .426 amencling Title 1, Chapter 5 of the City Code. concerning the salaries of the Mayor and City Council members for 1992 and 1993. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. UNFIlJISHED BIISINESS Mr. Erickson stated that per the Council's. request, the Lakeville Life & Times has offered to publish Council agendas at no charge to the City. Consent. agenda items, which area. mostly. .housekeeping in nature, will not be individually listed. A notation will be made that information on these items is available. by contacting city hall. Agendas will also be posted in the downtown motor vehicle office. Councilmember Sindt referenced a memo from Chief _ Gudmundson which explained that the previous issue of .delinquent taxes on the Brackett's Crossing property has been cleared up, and taxes are expected to be paid in full prior to issuance of a liquor license on or before December 31st. NEW BIISINESS A. Roger Knutson presented a Claims Agreement for the Grist Mill's $90,000 letter of credit, which spells out under what terms the letter of credit can be turned .back to them if not drawn upon. Mr. Erickson pointed .out that the letter of credit and Claims Agreement are consistent with the .previously approved conditional use permit. CITY OF LAKEVILLE.COUNCIL.MEETING DECEMBER 17, 1990 PAGE 14 90.321 Motion was made by Harvey, seconded by Mulvihill to approve a Claims Agreement for the Grist Mill letter of credit. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. B. Mr. Knutson .presented a resolution which would authorize the City Attorney to serve an Order to Repair or Remove a Hazardous Building at 10049 - 210th Street West and proceed with enforcement in accordance with Minnesota Statutes. The property owner, Mr. Frank, was present and asked the Council to consider extending the 20 day deadline for completion of the work.. Mayor Zaun and the staff told Mr. Frank that the .City has no choice but to proceed with the Order according to state statute. Mr. Frank was also told that he could feel free to contact the staff and Council members individually to voice. his concerns on the matter. 90.322 Motion was made by Sindt, seconded by Ruhmann to approve .Resolution No. 90-178 directing the City Attorney to serve the Order to Repair or Remove a Hazardous Building at 10049 - 210th Street West. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. C. Mr. Erickson provided an update on the search areas chosen by the Metropolitan Council for the possible relocation of the Minneapolis/St. Paul airport. The Metro Council has narrowed down the search sites to three areas: 1) Dakota/Scott County; 2) Eureka & Castle Rock Townships adjacent to Airlake Industrial Park; and 3) Isanti County. Airport relocation at one of the first two areas would have a significant impact on the City of Lakeville (approximately 25 years from now) . The Metropolitan Council, he pointed out, intends to narrow down the search to a single area. by June of 1991. The alternative is to expand the existing airport in Bloomington. ANNOiJNCEMENTS Next Regular Council Meeting, January 1991. Mayor 'Zaun adjourned the meeting at 10:03 p.m. Respectfully. submitted, Charlene Friedges, Ci Clerk Du ne Zaun, Ma o