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HomeMy WebLinkAbout02-20-90 t a .r CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 The meeting was called to order by Mayor Zaun at 7:05 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Mulvihill, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; K. Nelson, City Engineer; E. Knetsch, City Attorney; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; D. Barth, Fire Department; B. Hoffbeck, Streets Superintendent; R. Wawrzon, Police Dept.; A. Brixius, Planning Consultant; D. Morey, Asst. Community Development Director; C. Fredges, City Clerk. STAFF ANNOUNCEMENTS: ATTORNEY: None ENGINEER: Keith Nelson requested the Council consider two .resolutions. designating municipal state aid streets; County Road 46 from MSA 101 (Ipava Avenue) to County State Aid. Highway 5 (Kenwood Trail) and 175th Street West from MSA 107 (Highview Avenue) to County State Aid Highway 9 (Dodd Boulevard). He explained that MnjDOT officials have informed him that they have given preliminary approval to these MSA' designations, with final approval subject to receipt of certified copies of resolutions approved by the City Council prior to March 1st. The Council added these resolutions to Other Business, Items 13b and 13c. ADMINISTRATOR: Bob Erickson asked the Council to .consider approval of a resolution urging the Congress of the United States to revise the Cable Communications Policy Act of 1984 which restricts local government's ability to regulate the cable television industry. The Council added the resolution. to Other Business, Item 13a. The city administrator then xeviewed the .changes that were made from the previous draft resolution relating to the DEIS for the proposed sand and gravel mining operations in .Apple Valley. He explained that the five changes resulted from input received at the February 13th neighborhood meeting. The staff handed out an updated version .this evening which reflects the deletion of the original paragraph 5a, "Any changes to :County .roads or bridges as a result of the gravel mining operations should be made at the expense of the landowner or gravel operator (not the City of Lakeville)." y CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 2 Mr. Erickson also explained that a correction was made in the resolution for agenda. item #9 concerning the DEAW for -the Ames New Market Mining Site. Paragraph 2C has been amended to read, "The EAW does not commit to any extraction limits that would better quantify -the traffic counts and hauling. qualities". The revised resolution was handed out to the City Council. CHIEF OF POLICE: Don Gudmundson presented the January monthly report of the Police Department. Councilmember Mulvihill pointed out the .increase in .domestics over the last month and asked if the City is doing all it can to control domestics. The chief explained that the City has been working closely with the B. Robert Lewis House in this effort. Chief Gudmundson then presented the 1989 Annual. Report of the Police Department and thanked the Council and staff for their support and direction .during the past year. The Chief gave a brief overview of the report, which was done in a new format from those of previous years. Councilmembers congratulated the Chief for the positive changes that have occurred in the department during the past year. Mayor Zaun suggested consideration be given to making this report available. to .the public, and the Chief indicated that copies could be placed in • various places throughout the City such as beauty/barber shops. It was also suggested that copies of police department reports, as well as other city reports, should be sent to the area high schools. 90.40 Motion was made by Sindt, seconded by Harvey to receive the 1989 Police Department Annual Report. Roll call was taken. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. Steve Michaud presented the January monthly report of the Parks & Recreation Department, stating that the major issue during the month involved Lake Marion, i.e. aeration system and brochure/garbage bag distribution to all fish house owners. He further commented that maintaining ice for skating rinks has been a struggle during the month of January due to the unseasonably warm weather. Councilmember Sindt recommended a letter of appreciation be sent to the Lakeville Pole Benders for their cooperation and assistance in handing out brochures to the fish house owners. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 3 • CITIZEN COM1rIENTS; Ms. Lisa Polley, 6819 Upper 162nd Street, reminded those present of a public informational meeting regarding establishment of a co-composting facility at 7:00 p.m. on Wednesday, February 21st, in Farmington. PRESENTATIONS/RECOGNITIONS: Dennis Feller introduced Sue Sayler, the new city hall receptionist. ADDITIONS/DELETIONS TO CONSENT AGENDA: The Council removed item 7g, resolution designating city hall as a no smoking area; item 7i, policy for duplicating and viewing video tapes of public meetings; item 7j, final acceptance of streets and utilities in Lynwood .North 4th Addition; item 7k, final acceptance of utilities for Second Season Golf;. and item 7n, naming of Aronson Park shelter. The Council then added item 11, authorize chief of police and city administrator to promote a uniform sergeant effective 3/5/90; item 12, authorize staff to submit an application for. certain .highly erodible land located within Ritter Farm Park to Dakota County Soil and Water Conservation District Conservation Reserve Program; item 13b, resolution designating County Road 46 from MSA 101 to County State Aid Highway 5 a municipal state aid street; and item 13c, resolution .designating 175th. Street West from MSA 107 to County State Aid Highway 9 a municipal state aid street. 90.41 Motion was made by Harvey, seconded by Sindt to .approve the amended consent agenda and items as follows: a. Approve minutes of the February 5, 1990 council meeting. b. Approve claims for payment. c. Receive minutes of advisory committee meetings: Planning Commission, February 1st Parks & Recreation Committee, February 7th Natural Resources Committee, February 6th d. Approve 1990 pay schedule for the Fire Department. e. Approve appointment of Fire Department Assistant Chief. f. Approve appointment of Fire Department District Chief. • g. (Removed from consent agenda) CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 4 i h. Approve special assessment agreement with Brackett's Crossing, Inc.. i. (Removed from consent agenda) j. (Removed from consent agenda) k. (Removed from consent agenda) 1. Friedges Landscaping; final acceptance of sanitary sewer extension. m. Approve renewal of the erosion and sediment control services contract with Dakota County Soil and Water Conservation District.. n. (Removed from consent agenda) o. Approve specifications for new vehicles and equipment and set a bid date for March 9, 1990, at 10:00 a.m. p. Approve specifications for a heavy rescue vehicle for the Fire Department and set a bid date for March 16, 1990, at 10:00 a.m. q. Approve non-intoxicating malt liquor license for Little Joe's Pizza, 11276-210th Street (McStop Retail Center). r. Approve license for mechanical. amusement devices at Little Joe's Pizza, 11276-210th Street (McStop Retail Center). s. Approve license for mechanical amusement .devices at Tubb's Laundry, 11276-210th Street (McStop Retail Center) . t. Appoint Mayor Zaun to the I-35W Council Board of Commissioners to replace Councilmember Sindt. u. Approve agreement continuance with Goodwill/Easter Seal for recycling drop-off center. v. Set Council Work Session for February 26, .1990, at 7:00 p.m., City Hall Conference Room; to discuss feasibility reports for Argonne Farms Project 89-8 and Lee Lake Outlet Project 89-11. 11. Authorize the Chief of Police and City Administrator to promote a uniform sergeant effective March 5, 1990. • CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 5 12. Dakota County Soil and Water Conservation District Conservation Reserve Program (CRP); authorize staff to submit an application for certain highly erodible land located within Ritter Farm Park. 13b. Approve Resolution No. 90-18 designating County Road 46 from MSA 101 (Ipava Avenue) to County State Aid Highway 5 (Kenwood Trail) . 13c. Approve Resolution No. 90-19 designating 175th Street .West from MSA 107 (Highview Avenue) to County State Aid Highway 9 (Dodd Boulevard). Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. Item #7g. .Bob Erickson explained that he had requested the City Attorney draft this resolution referencing State Health Department Clean Indoor Air rules and commented that such a policy is in the best interest of the health of citizens and employees using City Hall. • Councilmember Ruhmann asked how .this proposed resolution is being accepted by City Hall personnel. Mr. Erickson stated that the fewer than 10~ who do smoke have accepted it and have shown respect for other employees by smoking outside the building. Councilmember Ruhmann asked if the possibility of prohibiting smoking in all City buildings could be considered, and the staff indicated that it would be difficult for the police department to adhere to such a policy. 90.42 Motion was made by Ruhmann, seconded by Mulvihill to approve Resolution No. 90-14 designating the. entire Lakeville City Hall as a no smoking area. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. The staff suggested Item #7i, policy for duplicating and viewing video tapes of public meetings, be discussed after. Media Consultant Chris Oace arrives to answer questions. The Council proceeded to the next item. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 6 • Item #7j. Councilmember Harvey asked if the recent sidewalk issue involves the streets in the Lynwood North 4th Addition, and staff indicated it does not. 90.43 Motion was made by Harvey, seconded by Ruhmann to approve the final acceptance of streets and utilities in Lynwood North 4th Addition. Roll call was .taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. Items #7k. Councilmember Sindt asked about the.. status of the Second Season Golf building, and staff indicated that an application has been received from Second Season Golf .for a wine license. Bob Erickson stated the license application will not appear on a council agenda. until the dome is reinstalled and the business is operational. 90.44 Motion was made by Sindt, seconded by Harvey to approve final... acceptance of utilities for Second Season Golf. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill, Sindt. Itea 7n. Steve Michaud provided the background on the shelter that was built at Aronson Park in 1977 by the Lakeville Jaycees. Although the City acknowledged the Jaycees' efforts with plaques, there has always been a feeling that the Lakeville Jaycees wished to have the shelter named after their chapter. The Parks and Recreation Committee recommends, and staff concurs, that the shelter be officially named "Lakeville Jaycees Tournament Center. The staff and council discussed the possibility of replacing the word "Tournament" with the word "Community" to avoid. singling out the intended use of the facility for tournaments. 90.45 Motion was made by Sindt, seconded by Mulvihill to officially name the shelter at Aronson Park the "Lakeville. Jaycee Community Center". Roll call was taken on the motion. Ayes, Ruhmann, Zaun, .Mulvihill, Sindt, Harvey. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 7 Item #8. Mayor Zaun provided a chronological overview of the Draft Environmental Impact Statement for the proposed sand. and gravel mining .operations in the City of Apple Valley. He also read a letter he received from Robin Selvig, 16236 Fantasia Avenue, expressing appreciation to the City Council and staff for their. efforts in challenging the DEIS. The mayor went on to say that the proposed project is located.. within the Vermillion River Watershed area; and the Watershed Commission requested James M. Montgomery, Consulting Engineers, to analyze the DEIS. This analysis raises some serious questions regarding the impact of the gravel mining operation on the ground water. The mayor asked the city administrator to provide an update on .any additional information received and to review the changes in the resolution concerning the. Draft Environmental Impact Statement/Consolidated End Use. Concept for. the proposed sand and gravel mining operations in Apple Valley. Bob Erickson stated that additional correspondence/information was provided to the Council to show how other agencies are responding to • the DEIS and referenced the following documents: 1) Letter from City Attorney to Office of Pipeline Safety. 2) Adopted resolution from Board of County Commissioners. 3) Letters to Representative Tompkins and Senator Pariseau regarding ground water concerns. 4) Letter from City of Rosemount outlining their concerns with the DEIS. The city administrator proceeded. to explain the five changes that had been made in the resolution following the February .13th meeting with the Valley Park Homeowners Association.. He then offered one additional change, deletion of the original paragraph 5a from the resolution, per the request of the Valley Park Homeowners Association and City Council members. Councilmembers concurred with the recommended changes in the resolution. Councilmember Mulvihill suggested a change in wording in Paragraph 10, Page 6, of the resolution to read, "The .assumption of the expansion... Mayor Zaun indicated that this resolution wi11 be forwarded to the City of Apple Valley prior to the February 22nd .deadline for public comment. 90.46 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-15 concerning the Draft Environmental Impact Statement/Consolidated End Use Concept for the proposed sand and gravel mining operations in Apple Valley. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 8 • Mayor Zaun asked for any discussion on the resolution before the question is called. Ms. Lisa Polley, 6819 Upper 162nd Street, voiced her concern that. the resolution lacks emphasis on health and property value issues. She suggested additions to the DEIS resolution which would give added emphasis to impact on property values, tax revenues and personal health. Ms. Polley's recommendations dated February 20, 1990, were handed out and are on file in the office of the City Clerk. Bob Erickson explained that the City chose not to respond in those. areas far very specific reasons. The staff felt. that the Valley Park residents' petition dealt with .the health concerns and served a different purpose than the City s resolution. It was felt that the City's resolution and the residents' petition would augment one another. Councilmember Harvey stated that dealing with property values is .difficult, as property appraisal is not an exact science. He explained that the City wants the resolution to be viewed as a factual document. City Attorney Roger Knutson arrived at the meeting; 8:43 p.m. He added that property value issues are very difficult and costly issues to prove. Bob Erickson explained that for the most part, the changes that Ms. Polley is suggesting are included in the revised resolution. Councilmember Harvey called the question. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. The staff indicated that the City feels it appropriate. that the Environmental Quality Board (EQB), not the City of Apple Valley, determine the adequacy of the final Environmental Impact Statement since the project affects both Lakeville and Apple Valley and Apple Valley is listed as .one of the project proposers. 90.47 Motion .was made by Harvey, seconded. by Sindt to authorize the.. Mayor to send a letter to the Minnesota Environmental. Quality Board requesting the Board to determine the adequacy of the final EI5 for the proposed sand and gravel mining operation in Apple Valley, and to forward a copy of the letter to the City of Apple Valley. i CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 9 • Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Harvey, Ruhmann, Zaun. Itea #9. Mayor Zaun introduced the resolution .concerning the Draft Environmental Assessment Worksheet for the Ames New Market Mining Site in New Market Township. Alan Brixius showed site location maps, pointing out the close proximity of the proposed gravel mining operation to Lakeville (approximately three-quarter mile). He explained that the City's concerns include the inconsistency in the Scott County Comprehensive Plan, which calls for low density, .single .family residential development on the site; traffic concerns on Dodd Boulevard (Co. Rd. 9), which is currently a seven ton road that would. be closed to gravel truck traffic during the spring weight restriction months; and traffic congestion and movement problems at the I-35/County Road 70 interchange, including the narrow two lane bridge. Mr. .Martin Thomas, Supervisor for New Market Township, stated that the Township denied a conditional use permit for the project approximately one year ago. The area residents then • petitioned to have an Environmental Assessment Worksheet done. He pointed out that .the intersection of Pillsbury Avenue and County Road 29 is already dangerous, with children boarding school busses on County Road 29. He further pointed out that 64 residential homes within one-quarter. mile of the site would be affected by increased traffic, dust and noise. He stated that a wetland area is located. to the south of the project site, and although the Dept. of Natural Resources. .and Army Corps of Engineers have indicated the site would not be affected, the township officials feel the water levels in that area are already low due to recent drought conditions. Mr. Thomas thanked the City for .its support, explaining Scott .County's decision would probably weigh heavily on public opinion, since the relatively positive EAW would be difficult to fight. 90.48 Motion was made by Harvey, seconded by Mulvihill to approve Resolution No. 90-16 concerning the Draft Environmental Assessment Worksheet for the Ames New Market Mina.ng Site in New Market Township, Scott County,. Minnesota. Roll call was taken on the motion. Ayes, Sindt, Harvey, Ruhmann, Zaun, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 10 Item #10. Daryl. Morey presented a proposed ordinance that would amend Section 11.11.2 of the Zoning Ordinance concerning subdivision of two family or quadraminium lots. Mr. Morey explained that there are instances where duplexes have been built uncentered on 15,000. square foot lots. Under the City's current ordinance, these lots could not be subdivided because one lot would have an area less than the required 7,500 .square feet. The proposed .amendment would allow a 10~ reduction in either .lot area or lot width for duplex subdivisions. This would allow staff some flexibility to accommodate duplexes not centered on lots. It would also continue to allow the majority of duplex subdivision .requests to be handled .administratively, without variances. Councilmember Mulvihill asked how many requests for this type of administrative subdivisions the staff. receives, and Daryl stated approximately .two to four per year. Councilmember Sindt asked what the impact would be on new construction, and Mr, Morey explained that .this ordinance amendment would only apply to lots with existing duplex • structures. New construction would have to comply with current zoning district standards. Councilmembers suggested a change in wording to clarify that this does not apply to new homes being constructed; and Roger. Knutson suggested the wording, "has previously been constructed", be replaced with the wording, "is legally non-conforming". 90.49 Motion was made by Harvey, seconded by Ruhmann to adopt Ordinance No. 403 amending the Zoning Ordinance No. 167, by amending Section 11.11.2, Subdivision of Two Family ested Quadraminium Lots, to .include the City Attorney's sugg wording change. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Mulvihill, Si.ndt. Item #7i. Councilmember Ruhmann asked for some clarification in wording in the proposed policy for duplicating and viewing video .tapes of public meetings, and Chris Oace provided clarification. Chris informed the Council .that the Cable (TV) Board. made some changes to the policy at their February 13th meeting. Mayor Zaun suggested this item be tabled to allow those changes to be incorporated into the document. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 1990 PAGE 11 • 90.50 Motion was made by Harvey, seconded by Sindt to table approval of a policy for duplicating and viewing video tapes of public meetings until a final, complete document can be forwarded to the Council. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Mulvihill, Sindt, Harvey. Item #13a. Greg Stattman, Cable Board Chairman, appeared before the City Council and explained that the Federal Communications Commission (FCC) is conducting an official inquiry on the impact of the 1984 Cable Communications Act on local franchising authority. He went on to explain that the 1984 Act restricts local government's ability to regulate the cable television industry directly and, as a result, municipalities such as Lakeville have been subjected to substantial rate increases, service reductions and programming changes that do not reflect the consumers' needs or the original intentions of their franchise agreements. The Cable Board is requesting the Council's support to restore the local regulatory authority over cable systems, to eliminate the barriers to competition, and to rectify other aspects of the 1984 Act that work to • disfavor cable consumers. Bob Erickson indicated that the resolution will be given added consideration since Lakeville is now a member of the National League of Cities. Councilmember Sindt suggested a copy of the .resolution be forwarded to Ann Higgins at the League of Minnesota Cities. 90.51 Motion was made by Ruhmann, seconded by Sindt to approve Resolution No. 90-17 urging the Congress of the United States to revise the Cable Communications Policy Act of 1984, and expressing general concern about the need for greater local government regulatory authority. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, Sindt, Harvey, Ruhmann. The meeting was adjourned at 9:55 p.m. Respectfully submitted, j~' ~t~l.~-- Charlene Friedges, City lerk Dane -Zaun, Ma o •