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.
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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
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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