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HomeMy WebLinkAbout07-16-90 CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 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: R. Knutson, City Attorney;. B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Licht, Planning Consultant, J. Robinette, Community Development Director; C. Friedges, City Clerk. MIN[TPES The minutes of the July 2, 1990, Regular Council Meeting and July 9, 1990, Special Council Meeting were approved as printed. STAFF ANNOUNCEMENTS Attorney: Roger Knutson stated that a typographical error on Page 1 of consent agenda item 7j has been corrected (Carver County has been changed to Dakota County). Engineer: None. Administrator: None Chief of Police: Don Gudmundson presented the June Police Department monthly report Parks & Recreation Director; Steve Michaud presented the June Parks & Recreation Department monthly report. The City Council. discussed the possibility of having the Fourth of July fireworks displayed at Casperson Park in the future, as the present location .(Aronson Park) has insufficient parking for the viewers. Steve indicated that staff intends to analyze the possibility of relocating this event. PRESENTATIONS/INTRODIICTIONS Don .Gudmundson introduced Mr. Barry Pogatchnik, President of the First National Bank in Lakeville, who presented a $1,250 donation to the City's DARE (Drug Awareness Resistance Education) Program. Chief Gudmundson presented Mr. Pogatchnik with a plaque in appreciation for their contribution. • CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 1990 PAGE 2 CITIZEN CO1rIMENTS Steve Hansen, 18030 Kenwood Trail, stated his concern about the large number of real estate/development signs. that are being displayed in the right-of-ways, and suggested the City establish a policy to limit that number. Mr. Erickson. explained that the City has been very active in removing signs that are inappropriately placed in the right-of-ways. He also explained that many development signs. are only in place for a short period of time. Mr. Hansen also asked about the status of the T.H. 50 & 175th Street intersection. The staff and Council explained that the City has had recent cooperation from the Minnesota Department of Transportation as the result of an on-site meeting between City staff members and MnDOT officials regarding traffic signal and speed concerns.. Mr. Erickson explained that with the help of citizens who have lobbied MnDOT on this issue, the City has been able to obtain a letter of intent on the part of MnDOT. The contents of that letter will be outlined in more detail under Agenda Item No. 10, Unfinished Business. • CONSENT AGENDA Councilmember Sndt ,-.removed from -the consent agenda the portion of item. 7a, claims for payment, that pertains to the reimbursement for Doug Nelson's expense at an EMS Conference. Councilmember Ruhmann removed item 7g, receipt of the 1989 City Financial Report from the consent agenda; and Steve Hansen asked that item 7g, authorizing an agreement with the State Department of Trade and Economic Development for the Casperson Park development grant, be removed for further clarification. 90.201 Motion was made by Sindt, seconded by Harvey to approve the modified consent. agenda and items as follows. a. Approve the claims for payment, with the exception of the reimbursement for Doug .Nelson's expense at an EMS Conference. b. Receive the minutes of the June 26, 1990, Economic Development Commission meeting. c. (Removed from the Consent Agenda) . • d. Acknowledge receipt of the 1990-91 ALF Ambulance Budget. CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 1990 PAGE 3 • e. Approve Resolution No. 90-78 adopting the position classification and pay plan for exempt and non-exempt positions and setting forth .the policy for administration of the pay plan. f. Approve Change Orders No. 40 and 58 for City Hall. g. (Removed from the Consent Agenda) . h. Approve Resolution No. 90-79 amending the 1990 schedule of fees for dog licenses. i. Acknowledge receipt of the 1989 Lakeville .Fire Relief Association Financial Report. j. .Approve a temporary easement from Ground Development, Inc. over Lot 3, Block 2, Cedar Glen 2nd Addition. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 7A • Councilmember Sindt pointed out ..that in addition to being a financial partner in ALF, the City compensates ALF for ,first aid training to .volunteer firefighters. After a brief discussion, it- was =decided -chat he City : -would be -well .served to establish guidelines for training reimbursement for the City's firefighters, as well as other City employees. 90.202 Motion was made by Sindt, seconded by Mulvihill to approve the reimbursement of $236.96 to Doug Nelson for reimbursement of his expenses at an Emergency Medical Service (.EMS) Conference.. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 7C Councilmember Ruhmann recognized the City's 1989 Financial Report as .being an efficiently organized, easily readable comprehensive financial report. He pointed out. that the City hopes to receive .another certificate of achievement from the. Government Finance Officers Association for excellence in financial reporting. 90.203 Motion was made by Ruhmann,- seconded by Sindt to receive the • 1989 City of Lakeville Financial Report. CITY OF LAKEVILLE COUNCIL MEETING NLY 16, 1990 PAGE 4 • Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 7G Steve Michaud provided an overview of the request to enter into an agreement with the State of Minnesota, Department of Trade and Economic Development, for a $150,000 matching grant for the development of Casperson Park. The City would match the State's funding through the Park Dedication Fund and a variety of other sources. Mr. Michaud explained that the three year project is expected to begin in the spring of 1991. Mr. Hansen indicated his questions had been answered by Mr. Michaud. 90.204 Motion was made by Harvey, seconded by Mulvihill to authorize the mayor and clerk to enter into an agreement with the State of Minnesota Department of Trade and Economic Development for the Casperson Park development grant in the .amount of $150,000. Roll call was taken , on - he motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 8 David Licht presented the request of Meritor Development Corporation for final plat approval of Chapel Hills 2nd Addition,. located south of 160th Street and west of Cedar Avenue. He explained that the Chapel Hills preliminary plat was approved by the City Council in 1987 and consisted of .150 single family lots, with 59 lots developed in the first phase. Mr. Licht provided the background on this plat and explained that the R-3 zoning requested by the developer in 1987 was not approved by the City Council. As a result, the .plat is governed by the existing R-2 zoning. Under the R-2 zoning, Lots 1 and 2, Block 4, in the originally proposed final plat were. nonconforming. It had been recommended that these lots be combined to create a larger, .conforming R-2 lot. Mr. Licht went on to explain that the developer wishes to reapply for consideration of an R-3 zoning district in this area of the subdivision. To avoid having the rezoning ..consideration hold up the second addition final plat, the applicant has removed Lots 1 and 2, Block 4, from the revised final plat under consideration. These lots will be .considered in the platting of the next phase of .the Chapel Hills development. CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 1990 PAGE 5 Mr. Licht stated that .the City staff recommends approval of the revised final plat, subject to receipt of an application for rezoning request or submission of a preliminary plat for Outlot A that conforms with R-2 standards, along with six. additional conditions as outlined in the .Planning Consultant's report dated June 21, 1990 (report on file in the City Clerk's office) . In response to Councilmember Harvey's concern, the staff indicated that the Chapel Hills file contains sufficient documentation that the developer has been advised that Lots 1 and 2, Block 4 are nonconforming under R-2 zoning standards, and there are no guarantees that the City will approve the rezoning. of Outlot A to R-3. 90.205 Motion was made by Harvey, seconded -by Sindt to -approve Resolution No. 90-80 approving. the final plat of Chapel Hills 2nd Addition, with. R-2 zoning. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 • Mr. Licht presented the continued consideration. of a conditional use permitfor B & S 'Tire °to °operate a retail fire store within -the McStop,PUD at ;Kenrick Avenue and County Road 70. He explained that -the City Council tabled this request at .their .May 7th meeting to -allow further analysis by staff. Mr. Licht stated that his office's opinion is that the request as proposed represents an over-utilization of the property and building in question. He stated that the car wash building .and site were designed and developed for a single purpose, and they do not adapt to the addition. of a second. activity of the type proposed by B & S Tire. In addition, he stated that staff foresees functional, as well as operational, problems associated with this activity. Mr. Ron Zamansky, Attorney for Interstate Car Wash, Inc. and Mr. Timothy Oliver, President of 70 Kenrick Association, requested additional time to meet with .the. staff to .address the issues .and concerns involved with .this conditional use permit request. 90.206 Motion was made by Harvey, seconded by Mulvihill to table consideration of a conditional use .permit for B & S .Tire to the next regular council meeting (August 6th) with the stipulation that no additional .continuations be given by the City Council. CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 1990 PAGE 6 Roll call was taken on the motion.- Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. UNFIldISHED BIISINESS A. Bob Erickson provided a status update on the proposed performing arts/athletic facility, stating that the only communication that has taken place is a letter from the City Attorney to Mr. Cohen of MJC Development. Mr. Knutson explained that his letter to Mr. Cohen clarified the misunderstanding that Pace Development had regarding their obligation to construct an ice facility/athletic field. He explained in his letter that Pace did not sign the land option, and unless MJC has assigned their. interest to Pace, they are under no obligation to construct an ice (or other) facility on that property. Don Gudmundson provided an overview of the Lakewood Amphitheater in Atlanta, Georgia, and Pine Knob Amphitheater in Clarkston, Michigan, both Pace facilities. He explained that the Police Department continues to confidentially investigate .Pace. amphitheater facilities. • B. Mr. Erickson provided a- status update on :the traffic and signalization concerns at .:175th.. Street and -Trunk Highway 50. He reiterated that as a result of an on-site .meeting with MnDOT officials, the City received a letter dated July 9, 1990, from Bernard J. Arseneau, MnDOT -District Signal .and Lighting .Design Engineer, outlining he Transportation Department's plans to evaluate that intersection by conducting a speed survey and traffic counts to determine if warrants can be met for signalization. (Letter on file in the City Clerk's office) . C. Mr. Erickson stated that a letter has been written to the Minnesota Pollution Control Agency informing them that the -City has established a moratorium temporarily prohibiting the issuance of land use approval for waste disposal facilities and asked that the MPCA keep the City apprised of any actions .their agency takes on the application of Browning Ferris Industries to construct a waste disposal facility in Airlake Industrial Park. He explained that the State .Legislature has taken away .the City's right to act as the Responsible Governmental Unit (RGU} in regard to environmental issues, and has given that authority to the PCA. CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 1990 PAGE 7 Steve Hansen asked if the City's ordinance addresses current businesses located in Airlake Industrial Park who generate toxic wastes or emit toxic emissions. The staff explained that most businesses in Airlake deal with some form of toxic materials, and are in compliance with various governmental regulatory agencies. It was further explained that the Fire Department is kept apprised of what chemicals are used and where they are stored, and the Department is well equipped to handle situations involving hazardous materials. Mr. Knutson pointed out that state and federal regulations regarding hazardous waste preempt the City's ordinances. Councilmember Ruhmann suggested that items of lengthy discussion that are not on the Council agenda be routed through the City Administrator so that these items can be .placed on the agenda,. if necessary, and staff can provide the appropriate background information to the Council prior to their meeting. NSW BUSINESS Councilmember Sindt requested the Council consider naming the downtown plaza,."Pioneer .Plaza" in ..honor of- the pioneers who settled Lakeville. As part of he naming_ of -the plaza, she suggested asking the Little House Art Guild- to design a plaque to be- displayed -in the .:plaza,..:: and further suggested the fountain..... be named the, "Bud White Memorial Fountain°, in honor of the date .Flavin:. J. (Bud) White. It was suggested that the. Downtown_ .Business Association: include .::.:naming of the plaza in their September Heritage Days celebration, which would allow time for the matter to be publicized through the press to the citizens of Lakeville for their comments and input. 90.207 Motion was made by Harvey, seconded by Mulvihill to request Councilmember Sindt to pursue the proposal of naming the downtown plaza and fountain with various civic organizations on the Council's behalf. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 90.208 Motion was made by Sindt, seconded by Harvey to set a council work session for Tuesday, July 31st, at 7.00 p.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. CITY OF LAKEVILLE COUNCIL MEETING JULY 16, 1990 PAGE 8 ANNOiJNCEMENTS Next Regular Council Meeting, August 6, 1990. Mayor .Zaun adjourned the meeting at 9:07 p.m. Respectfully submitted, Charlene Friedges, City rk J Du ne Zaun, y