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HomeMy WebLinkAbout04-16-90 ' CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 1990 The meeting was called to order at 7:05 p.m. by Mayor Zaun. The pledge of allegiance to the flag was .given. Roll call was taken. Present: Councilmembers Ruhmann, Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember Sindt. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Feller, Finance" .Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Morey, Assistant Community Development Director; D. Krings, Chief Building Official; J. Hennen, Planning Assistant/Zoning Enforcement Coordinator; A. Brixius, Consulting Planner; C. Friedges, City .Clerk. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson requested the Council consider receiving the resignation of Cable Board member Larry Oreschnick under Other Business. Mr. Erickson introduced several guests who offered their congratulations to the City Council at the first official, Council meeting i.n, and live broadcast from, the new Council Chambers: Bill Macklin, State Representative, District 36B; Eileen Tompkins,. State Representative, District 37A; Pat Pariseau, State Senator, District 37; Bob Jensen, Legislative Assistant to Bob Schmitz, State .Senator, District 36; Michael E. Turner, Dakota County Commissioner, Fifth District; Sandy Luedtke, Chairperson, District 194 School Board; Klaartje Stegmaier, Chairperson, District 192 School Board; John Bossardt, Bossardt Corporation, Construction Manager for City Hall; and Gary Tushie, Tushi.e Montgomery Associates, Architect for City Hall. Mayor Zaun presented each guest with a City of Lakeville lapel pin. School District 196 Principal, Paul Baarson, and Dakota County Commissioner Joseph A. Harris were unable to attend. CHIEF OF POLICE: Don Gudmundson gave a brief overview of the March Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING ' APRIL 16, 1990 PAGE 2 PARKS & RECREATION DIRECTOR: Steve Michaud gave a brief overview of the .March Parks & Recreation .Department monthly report. CITIZEN COMMENTS Mr. Steve Hansen, representing Citizens Against a Proposed Amphitheater, presented a petition containing 140 signatures in opposition to the City granting an option to MJC Development for the purpose of building an amphitheater. Mayor Zaun indicated to Mr. Hansen that the Council will give formal consideration to this petition under Item 10 on the agenda. Mr. Ace Raymond, representing the Parks & Recreation Advisory Committee, commended the past and present administrative staff and council for a job well done in planning .and constructing the new City Hall. PRESENTATIONS/RECOGrTITIONS 90.102 Councilmember Mulvihill read Resolution No. 90-36 proclaiming the week of April 22-28, 1990, as Volunteer Recognition Week. Mulvihill moved its adoption, Harvey seconded. Roll call was taken on .the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. Rachel Helkenn, long time local volunteer, received the proclamation. 90.103 Councilmember Ruhmann read Resolution No. 90-37 proclaiming the week of April 29 - May 5, 1990, as American Home Week. Ruhmann moved its adoption, Harvey seconded. Roll call was taken on the motion. Ayes, Zaun, Mulvihial, Harvey, Ruhmann. Jim Emond received the proclamation on behalf of the Dakota County Association of Realtors. 90.104 Councilmember Harvey read Resolution No. 90-38 proclaiming the week of April 22-28, 1990, as Earth Week. Harvey moved its adoption, Ruhmann. seconded. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. John Hennen and Elizabeth Halbach accepted the proclamation on behalf of the City and Chamber of Commerce. CITY OF LAKEVILLE COUNCIL MEETING ' APRIL 16, 1990 PAGE 3 90.105. Councilmember Mulvihill read Resolution No. 90-39 designating May 5, 1990, as Arbor Day. Mulvihill moved its adoption, Harvey seconded. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. Steve .Michaud accepted the resolution on behalf of the Parks & Recreation Department. 90.106 Councilmember Ruhmann read Resolution No. 90-40 supporting the Dakota County Chemical Health Initiative. Ruhmann moved its adoption, Mulvihill seconded. Ro11 call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Harvey. Mayor Zaun presented a plaque, on behalf of the City Council, to former Postmaster Patrick J. Donnelly in recognition of more than 27 years of service with the United States Post Office. .CONSENT AGENDA • Councilmembers removed item 7a from the consent agenda, April 2nd. Council meeting .minutes; and added item 13, authorize J.M. Montgomery & Assoc. to proceed with water quality testing. 90.107. Motion was made by Harvey, seconded by Mulvihill to approve the modified consent agenda and items as follows: a. (Removed from .Consent Agenda) b. Approve claims for payment. c. Receive minutes of advisory committee meetings: Planning Commission, April 5, 1990 Parks & Recreation Committee, April 4, 1990 Natural Resources Committee, April 3, 1990 Economic Development Commission,. March 27, 1990 d. Approve dance license for Lakeville High School SADD for an event on Thursday, July 5th. e. Approve a two year Hardware Maintenance Agreement with Business Records Corporation for Optech III-P voting equipment, and authorize the transfer of $1,092 from the Contingency Fund to the Elections/Contractual Fund. • CITY OF LAKEVILLE COUNCIL MEETING ' APRIL 16, 1990 PAGE 4 f. Approve Change Orders No. 34, 35, 36, 38, 41, 42, 46, 47, 48, 50, 51, 53 and 55 for city hall. g. Approve Resolution No. 90-41 receiving preliminary report for Improvement Project 90-1, 205th Street and Hollins Avenue, and calling a public hearing for May 7, 1990. h. Approve on-sale non-intoxicating malt ]iquor license for the Lakeville Lions Club. i. Approve 1990 Youth Employment Program Worksite Agreement with Scott County Human Service Department. j. Approve Resolution No. 90-42 adopting a policy for employee solicited donations. k. Approve Resolution No. 90-43 adopting the position classification and pay plan for exempt and non exempt positions and setting forth the policy for administration of the pay plan. 1. .Approve Resolution No. 90-44 designating exempt and non exempt employees. m. Adopt Ordinance No. 409 amending Title 4, Chapter 3 of the City .Code concerning open burning. n. Approve list of additional items to be sold at the City auction, and authorize sale of seized vehicles by sealed bids. o. Endorse letter from Senior Coordinator on concept plan for providing the community with a DARTS bus. 13. Authorize J.M. Montgomery & Associates to proceed with water quality testing in accordance with their April 9, 1990, proposal. Roll ca]1 was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. 90.108 Motion was made by Harvey, seconded by Mulvihill to table.. approval of the April 2nd City Council meeting minutes to allow correctionsjclarifications to be made. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. • CITY OF LAKEVILLE COUNCIL MEETING - APRIL 16, 1990 PAGE 5 ITEM 8 - Daryl Morey presented the application of John Friedges for a conditional use permit to .allow outdoor storage, .sale. and rental as an accessory use on his property at 9300 202nd Street. He explained that the new. South Metro. Rental Building is .located on this property, which is .zoned Planned Unit Development. As part of the PUD Agreement, the requirements of the B-4 zoning district still apply, and outdoor storage, sale and rental is allowed by conditional use permit. Mr. Morey went on to explain that the South Metro Rental Building meets City Zoning Ordinance and Minnesota Building , .Code requirements and is hooked up to City sewer and water.. He pointed out that Mr. Friedges has submitted a performance bond to cover the cost of parking lot paving, striping and lighting and landscaping improvements. He indicated that the Planning Commission and staff recommend approval of the conditional use .permit, with four stipulations. 90.109 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact.. and approve a conditional use.. permit .for John Friedges to allow outdoor storage, sales and rental as an accessory ..use at 9380 202nd Street West. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. ITEM 9 Alan Brixius of Northwest Associated Consultants presented the application of School District No. 194 for a conditional use permit to allow four portable classrooms at the Lakeville Senior High School. He explained that the staff was concerned with allowing a conditional use permit for temporary classrooms without a specific time frame, as temporary classrooms may ultimately become permanent structures. Therefore, the staff recommends the conditional use permit agreement be identified as a phased plan, with the first phase to allow for the placement of the portable classrooms, and the second phase contingent on the removal of the temporary facilities at the end of the three year lease. or as .permanent construction is completed, whichever occurs first. Time extensions may be pursued if necessary. Mr. Brixius indicated that prior to building permit approval, areas where natural topography does not provide screening would be addressed, as well as landscaping requirements.. He also pointed out that this conditional use permit is contingent upon the City Engineer's requirement that when, and. if, a new entrance to Highway 50 is constructed, it would line up with 192nd Street. CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 1990 PAGE 6 • Councilmember Ruhmann indicated some concern over. the three. year. time limitation. He felt that due to .the rapid growth of the community, the portables may still be needed even after the .construction of a new permanent structure. Mr. Brixius explained that the residents who attended the public hearing, as well as .the School District, support the time limitation. Councilmember Ruhmann also questioned the need .for screening and suggested the money be put toward .making the buildings more attractive. Councilmember Mulvihill stated she felt some screening, for aesthetic reasons, is necessary but agreed that it should be kept to a minimum. 90.:110 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and approve a conditional use permit for Independent .School District 194 to allow four portable classrooms at the Lakeville Senior High School. Roll call was taken on the motion. Ayes,. Ruhmann, Zaun, Mulvihill, Harvey. ITEM 10 Mayor Zaun presented his position on -the request of MJC Development for an option on 80 acres of city owned land at County Road 70 and I-35. He stated that he had been somewhat uncomfortable with the $7,500 figure discussed on April 2nd and has done some additional research. on the value of the property. He stated he shares the citizen's concerns about the proposed project,. but feels that it must be given a chance to be judged on its merits. He indicated.. he would Like to see a project proposal on which to base that judgement. He reiterated that the City does have a requirement in the zoning ordinance that an application. for a Planned Unit Development must be filed by the land owner of the property included in the project. 90.111 Motion was made by Mulvihill to approve Resolution No. 90-45 'authorizing the City to enter into an Option Agreement with MJC Development, Inc. for 80 acres of City owned land at the intersection of County Road 70 and I-35 at a price of $12,500: per acre; and' added that the execution of the Option Agreement by the City does not constitute approval of -the. proposed project. Harvey seconded, and stated he .would like to see a full and proper presentation of the. project given to the entire community • CITY OF LAKEVILLE COUNCIL MEETING ' APRIL 16, 1990 PAGE 7 I, NSr. Erickson reminded those present that the project will undergo an eight month review process, which would include public comment. Mr. Steve Hansen asked the City Attorney to read .the reverter clause in the repurchase agreement as discussed by the Council at their April 2nd meeting. Mr. Knutson read that portion of the agreement as follows, "If the Optionor does not complete the development, the Optionee shall have the option to repurchase the subject property in accordance with this Agreement." Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. 90.112 Motion was made by Harvey, seconded by Ruhmann to receive a petition from 140 residents in opposition to MJC Development receiving an option on City owned land for the purpose of building an amphitheater. Roll call was taken on the motion. Ayes, .Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 Following a short recess, Mayor Zaun .opened the public hearing on proposed street and .utility improvements to Judicial Road west of Orchard Lake, Improvement Project 89-9, The ' :City Clerk attested to proper. publication and mailing of legal notices. Keith Nelson provided an overview of the project, which began in June of 1989 with a petition from area residents requesting an engineering study for the installation of city water & sewer and pavement of Judicial Road between 175th and 168th Streets. The area is not presently served by public sewer and water, and residents were concerned because some of the alder on-site sewage treatment systems are failing. The unimproved,. 22 foot wide,: Judicial Road presents. passage problems during wet periods and dust problems in the summer months. Mr. Nelson explained that several neighborhood informational meetings .were held to gather resident input and develop an acceptable plan to extend public. services into the area, the first being on September 14, 1989. The City Council. received the outcomeJrecommendations of that meeting on September... 18th and on November 20th authorized the firm of Orr, Schelen Mayeron & Assoc. (OSM) to prepare a feasibility report on the . proposed improvements. CITY -0F LAKEVILLE COUNCIL MEETING APRIL 16, 1990 PAGE 8 Mr. Nelson then introduced Mr. Jim Norton, Senior Project Manager for OSM. Mr. Norton explained that at another. neighborhood meeting on February 22, 1990, several. options were presented. The consensus of the residents.. .was to limit the project to two alternative street alignments, identified as Plan A and Plan B in the feasibility report. At the most recent neighborhood. meeting, most residents preferred Plan B and expressed an opposition to sidewalk construction on the .east side of Judicial Road, south of the beach. Mr. Norton introduced Don Stenzel, Project Manager for OSM, who described in detail the alternatives outlined in the feasibility report. He stated that the improvement area has been separated into three segments: Segment No. 1 examines the Judicial. Road alignment between 175th. Street and Orchard Lake Beach; Segment No. 2 focuses upon that portion of Linch Path which lies between Orchard Lake Beach and 170th Street; and Segment No. 3 examines the area which lies between 170th Street and 168th Street. He went on to explain that Linch Path, a 30 foot wide, .fully dedicated right of way, parallels Judicial Road ..approximately 250 feet to the west within Segments 1 and 2. Most of the residents in Segment 2 are provided access to their homes from Li.nch Path. However, the Linch Path right of way within. Segment No. 1 has .never been improved for roadway purposes. The area within Segment No. 3 is relatively undeveloped, with the two existing homes. gaining access by way of Judicial Road. As in Segment No. 1, Linch Path was platted to the west but never utilized. Mr. Stenzel continued by describing the two most. popular alternatives which resulted from the neighborhood .meetings. Within Segment 1, the Plan A street alignment .substantially follows the platted Linch Path alignment until reaching the beach area, where the proposed street diverges east to .avoid. the existing wetland. North of the beach area, the proposed street rejoins the Linch Path alignment within Segment No. 2 where it remains until reaching 170th Street. From this point, the proposed street continues north through Segment No. 3 and curves eastward to connect with the existing 168th Street. This plan provides for a standard 32 foot wide street with concrete curb and gutter and a 60 foot right of way/easement width for the entire length. Within Segment 1, the Plan B street alignment substantially follows .the existing Judicial Road alignment until passing the point .where homes exist on both sides of the street. It then .diverges to follow the Linch Path alignment as in Plan A. The proposed alignment within Segment Nos. 2 and 3 are identical to that proposed for Plan A. Plan B provides for a ' CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 1990 PAGE 9 24 foot wide street with bituminous curb and a 50 foot right. of way/easement width within Segment Nos. 1 and 2. The street section increases to the City standard 32 foot width with. concrete curb and. gutter and a 60 foot right of way/easement width in Segment No. 3. Mr. Stenzel stated that as an option to the previous description for .Plan B, the City Council may elect to construct a 32 .foot wide street within Segment No. 2 .rather than the 24 foot width. The. transition to the narrower street would then occur at Orchard Lake Beach. This would provide a City standard street from 168th Street to the Beach. Mr. Stenzel summarized the advantages and disadvantages of each plan. Plan A would allow for standard width streets .and right of way and would reduce the number of non conforming lots, while the disadvantages include shared driveways. Plan B would preserve the present street location and house orientation .and .would be less expensive than Plan A. The. disadvantages of Plan B include the. necessity to construct non standard streets, perpetual existence of non conforming lots, and the difficulty in sidewalk construction. Mr. Stenzel then presented cost estimates, based on 1989 construction costs. Plan A: Total Construction Cost $916,000; Total Project Cost $1,346,600; Total Assessable Project Cost $1,107,600.. Plan B: Total Construction Cost $855,800; Total Project Cost $1,265,400; Total Assessable Project Cost $1,026,400. Plan A has 64 assessable parcels and Plan B has 62 assessable parcels. .Dennis Feller presented alternatives for financing assessments, stating that historically the City has .levied specials in existing neighborhoods .using equal principal payments over a twenty. year period, (Method "A"). However, because this is an unusually large special assessment for residential property, three other. special assessment payment alternatives have been prepared. .Financing Method "B" uses even annual payments, with a total interest cost over the twenty years of $4,543 more than Method "A". Methods "C" and "D" both have the principal payment deferred for the first five years. He explained that these methods might be attractive to property owners who expect to have greater earnings in future years, which would offset the higher annual payments. It may also be of value to property owners who wish. to develop the property but need more time. Financing Method "C" uses even annual payments, starting in the sixth year, while Method "D" uses even principal payments. Interest costs for Methods "C" and "D" will be greater than Methods "A" and "B". CITY OF LAKEVILLE COUNCIL MEETING • APRIL 16, 1990 PAGE 10 • Mr. Feller also explained that some property owners might. be entitled to Green Acres or Senior Citizen deferments. Homesteaded property may qualify for Green Acres if it contains ten acres or more and is actively and exclusively devoted to agricultural use. A Senior Citizen deferment can be granted to any person 65 years of age or older, or retired by virtue of a permanent. and total disability. The deferment ends and all accumulated amounts become due upon the death of the owner or sale of the property. Mr. Ralph Trabant, 17321 Kodiak Ave., asked how the City arrived at an interest rate of 9% on the assessments, and. Mr. Feller explained that Minnesota State Statute requires a city to .levy 105% more than the interest rate on a bond sale to assure that cities make their debt service payments. William and Lisa Cahn, 17051 Linch Fath, told the Council that they had not been notified of two neighborhood. informational meetings. They stated their opposition to the paving of Linch Path because they felt it would endanger their .horses and cause a hardship on their boarding and training business. Mr. Erickson stated that the staff researched the conditional use permit for the Cahn's public stable operation, which was granted by Scott County for 10 acres of land they own in Credit River Township. He indicated the operation is not a permitted use. on the one -acre parcel they own in Lakeville, and special permission would have to be granted in accordance with the City's zoning ordinance for that use to continue. The Cahns also asked who would be responsible for .replacing the fence along their property when the street is widened. Mr. Nelson indicated that matter would be addressed during easement negotiations. Maxine Johnson, 17030 Linch Path, expressed her opposition to relocating Judicial Road around the lake, and stated she. does not need or want city sewer and water extended to her property due to footage from. the lake. She stated that she too had not received notification of neighborhood meetings, and requested information on the Environmental Impact Study done on the marsh area. She asked why a feasibility study had not been done on the cost of the project utilizing the road as it currently exists, and stated she felt the individual adjustments have added extra footage to the project. • ' CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 1990 PAGE 11 Mayor Zaun suggested the City staff respond to Ms. Johnson's concerns, in writing, as time permits. .Lon Hitch, 17105 Judicial Road, .stated that the majority of the -residents in his neighborhood favor the 24 foot wide street. Tony Pecoraro, 17398 Judicial Road, stated that the consensus of the. residents who live on the south .side of the lake is for Plan B. They were against the shared driveway proposal and felt there would be no room for sidewalks. He urged the Council not to .delay this project due to the lake water quality, dust & dirt problems and the concern the Health Department has identified regarding the existing septic systems. Bea Johnson, 17328 Judicial Road, stated that the Plan B alignment would cut through her property, eliminating one of her two buildable lots. Mr. Knutson explained that the City will compensate property owners for right of way. acquisition. Mrs. Johnson. also asked if lake users should be required to help pay for the. road improvements. Mr. Erickson explained that the City pursued possible state grants, only to find that there are no funds available. He also stated. the use of Community Development Block: Grant funds was evaluated, which could be available only to those persons who are income eligible (meet the low to moderate income test) . He pointed out, however, that the Federal government is considering significant cuts in CDBG .funds, and no guarantees can be given at this time. Mr. Erickson went on to explain that the estimated volume of traffic in this area of Judicial Road (a residential street) is considered low, and Minnesota State Aid funds are only available to help pay .for the difference between a residential equivalent size and the state aid width requirement. He added that all Lakeville residents are required to pay the costs for adjacent residential street improvements. Mr. Stenzel stated Mrs. Johnson's situation is unique, and the staff will work with her on an individual basis. Mr. .Buck, 17255 Judicial Road, asked who would be responsible for the cost of fill around Orchard Lake Beach. Mr. Erickson explained that improvements to the beach are not a part of this project, and the City's park improvement fund would cover those costs.. Tom Walz, 17355 Judicial Road, stated he prefers Plan B. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 1990 PAGE 12 90.113 Motion was made by Harvey, seconded by Mulvihill to extend the Council meeting beyond the 10:.30 adjournment time. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. Brian Seemann, 16885 Judicial Road, stated he is strongly in favor of the project, and asked if all potentially developed lots share the improvement costs. Mr. Nelson explained that all property abutting the realignment that could be subdivided is being assessed. Councilmember Harvey stated that he would be reluctant to approve construction of substandard streets because of potential parking problems that could exist, and felt that problems could also exist with the shared driveway concept. Councilmember Mulvihill also voiced concern over the shared driveway concept in Plan A. Mr. Erickson stated that he must, from a professional standpoint, support the project because of the non-conforming lots, inadequate septic systems and pollution of Orchard Lake. He pointed out that this particular project is not easy because of the financial burdens involved, but the City staff is willing to be flexible and tailor assessments to individual financial situations. He further stated that. many of the. issues expressed by the property: owners can only be dealt with during the .design stage of the project, and urged the Council to order preparation of plans and specifications so design can begin. He also stated that all right of way issues would be worked out before actual construction would begin. 90.114 Motion was made by .Harvey, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Ruhmann, .Zaun, Mulvihill, Harvey. 90.115 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 90-46 ordering .Improvement. .Project 89-9, West Orchard Lake Area, along Plan B, with Segment 1 having a 24 foot wide street with no sidewalk and Segments 2 and 3 having a 32 foot wide street with sidewalk. Roll. ca]1 was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. • CITY OF LAKEVILLE COUNCIL MEETING ' APRIL. 16, 1990 PAGE 13 ITEM 12 Jim Robinette introduced the application of B & S Tire for a conditional use permit to operate a retail fire service store in a .portion of the existing Interstate Car Wash building at 21178 Kenrick Avenue. The property is currently zoned B-4. Mr. Robinette presented a video of the business as it currently exists, indicating that the business has located at this site without necessary City approvals. Alan Brixius stated that the City must determine whether the proposed retail fire operation is an appropriate and compatible use within the McStop PUD and if any .outdoor storage is acceptable in terms of the plan's overall architectural appearance and functional plan. He stated that the following concerns were raised by staff in reviewing this application: i) Servicing of semi-trailer trucks can .only occur outside the confines of the building, which may potentially impact the circulation patterns of the car wash facility. 2) Site plan does not indicate storage area of semi-trailer type tires and refuse tires;. outside storage of tires is generally inconsistent with the balance of the PUD. 3) Designated customer waiting area has not been addressed • within the B & S Tire operation. 4) Overall building layout raises .concerns regarding the operation's relationship and compatibility with adjacent car wash .use; operation appears to be too large for the wash bay. Mr. Brixius went on to state that the Planning Commission recommended approval of the conditional use permit with seven conditions. The Commission chose to eliminate an eighth condition that was recommended by staff, which required the car wash and fire facility to become a part of the McStop PUD Association. The staff, however, recommends. that condition remain a part of the permit. Mr. Erickson suggested the Council table this item to allow the applicant time to clean up the site and to allow City staff to meet with the owner, applicant and Association. 90.116 Motion was made by Harvey, seconded by Mulvihill to table consideration of the application of B & S Tire for a conditional use permit to operate a retail fire .service store until the next regular scheduled Council meeting. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 1990 PAGE 14 ITEM 14 90.117 Motion was made by .Harvey, seconded by Mulvihill to increase the subsidy for waste haulers from $20 to $30 per ton, with an additional monthly subsidy of $.50 per multi-family unit. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill. OTHER BIISINESS 90.118 Motion was made by Ruhmann, seconded by Mulvihill to acknowledge receipt of the letter of resignation from Larry Oreschnick from the Cable Board, recognizing that Mr. Oreschnick is the last of the original Cable Board members, and. authorize presentation of a plaque to him on behalf of the Council at the next regular meeting. Roll call was taken on the motion. Ayes, Ruhmann,. Zaun, Mulvihill, Harvey. Mr. Steve Hansen presented an ordinance adopted by the City of Apple Valley declaring a moratorium on amphitheaters. • 90.119. Motion was made by Harvey, seconded by Mulvihill to receive City of Apple Valley Ordinance No. 457 and forward it to City staff for review. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Harvey, Ruhmann. 90.120 Motion was made by Harvey, seconded by Mulvihill to schedule a Council work session for Monday, May 14th, 7:00 p.m. for the purpose of discussing the Argonne Farms drainage issue. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun. 90.121 Motion was made by Harvey, seconded by Ruhmann to adjourn the council meeting. Ro11 call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, .Mulvihill. Time: 11:40 p.m. Respectfully .submitted, i Charlene Friedges, City erk Du ne Zaun, M r