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HomeMy WebLinkAbout12-05-88., Y ~ ~ 1 ~ t • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 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 Nelson, Zaun, Enright, Sindt, and Harvey. Also present: Patrick McGarvey, City Administrator; Pat Farrell, City Attorney; Keith Nelson, City Engineer; Jim Robinette, Community Development Director; Alan Brixius, Consultant city Planner, Bruce Robertson, Administrative Assistant; and Darrell Schneider, Daryl Zuelke and Keith Englesby, Consultant City Engineers. Staff announcements: The City Administrator stated that the meeting between the Metropolitan Airports Commission and the Lakeville City Council could be held on January 10, 11 or 12. Because of the large number of people expected to be in attendance at the meeting, the meeting may need to be held at the Lakeville High School or the Senior Center. The City Administrator went on to state that a proposed safety commit- tee organization plan had been layed out and distributed to the City Council. At this time, Tim Kelly, the Administrator of the Dakota County Soil and Water Conservation District, made a short presentation before the City Council. He described the history and role of the organization and then went on to present a formal award to the City on behalf of Lakeville's excellent record of dealing with soil and water conserva- tion issues. He went on to specially thank Community Development Director Jim Robinette in his excellent work in assisting the Dakota County Soil and Water Conservation District. 88.576 Motion was made by Harvey, seconded by Nelson to direct staff to draft a resolution of appreciation to Lakeville's Natural Resources Committee for their excellent work in soil and water conservation issues. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Curt Swenson, a 5th grade teacher at Sioux Trail Elemen- tary School, introduced a number of his students who made a number of short individual and group presentations in support of establishing an animal shelter within Dakota County. Mayor Zaun thanked the class at the end of their presentation for their excellent work and interest in helping the community. Councilmember Nelson asked that item 4c be removed from the consent agenda. ' ` • ., • • ,, ~4 CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 Y t Councilmember Sindt asked that items 14 and 20b be added to the consent agenda. Councilmember Harvey asked that items 4a and 4b be removed from the consent agenda. 88,577 Motion was made by Enright, seconded by Harvey to approve the consent agenda as amended, Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.578 Motion was made by Harvey, seconded by Sindt to approve the minutes of the November 21, 1988, council meeting with the change of a word on page 8. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.579 Motion was made by Harvey, seconded by Sindt to approve the claims for payment except for check 46V192627 (hubcaps for police car). Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Councilmember Nelson expressed his concern over the statements in the Park and Recreation minutes by staff relating to the purchase of the NEI building and approval of the final site plans of city hall. He stated that he felt the statements were a bit premature. 88.580 Motion was made by Enright, seconded by Sindt to receive the minutes of the November 30, 1988, Park and Recreation Committee meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened discussion on the application of the City of Lakeville to rezone property located south of County Road 46 and east of Cedar Avenue from R-7 to R-4 or R-2. He went through the findings of fact and attempted to summarize the issue. Councilmember Sindt stated she supported a rezoning to R-4 instead of R-2 because of the planned improvement of 160th Street to four lanes. Mayor Zaun stated he felt a mix of R-4 and R-2 on the site might be a good idea. Councilmember Nelson discussed an article in the Washington Post which described a similar rezoning request in Montgomery County, Maryland. 2 '.,• ~ `, • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 Jeff Bry, a representative of the Valley Park Homeowners Association, made a lengthy presentation in front of the Council regarding the rezoning issue. He stated that the Planning Commission had recommended R-2 for the site, why not the Council? He went on to describe the number of other R-2 zoned sites on 160th Street. He stated that because of these other R-2 parcels, Councilmember Sindt's opinion that R-4 would be better for the site as a result of the planned freeway, made no sense, in his opinion. He also went through the City's comprehensive plan and R-7 study and attempted to show how these documents actually support R-2 zoning on the site. City Attorney Pat Farrell stated his recommendation that if the City were to rezone the property, it should be rezoned R-4. Pat Messinger, a member of the Park and Recreation Committee and Valley Park Homeowners, made an emotional appeal to the Council to rezone the property to R-2 or .purchase the property as park land. 88.581 Motion was made by Enright, seconded by Sindt to adopt the findings of fact and to rezone the property located south of County Road 46 and east of Cedar Avenue from R-7 to R-4. (Ordinance No. 357) Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun opened discussion on the application of Barbara L. Finanger to rezone to R-A and operate a dog kennel via a conditional use permit at 21219 Keokuk Avenue West. Paul Bohnsack, the attorney for the applicant, spoke on behalf of the conditional use and rezoning application. He stated denying the application would be against the Planning Commission's and City's professional planner's recommendations. He went on to state that this is not "spot zoning" and there was no legally sufficient reason to deny the rezoning. Daniel Cole, an attorney representing the neighbors of the proposed dog kennel, stated his support for maintaining existing zoning on the site. He stated any rezoning would, in fact, consist of "spot zoning", or a commercial use in a residential area. Councilmember Harvey stated that one quarter of the City is already zoned R-A and as a result, other sites for the dog kennel are avail- able.. 88.582 Motion was made by Harvey, seconded by Enright to adopt the findings of fact and reject the application of Barbara L. Finanger to rezone to R-A and operate a dog kennel via a conditional use permit at 21219 Keokuk Avenue West. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 3 `• • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 At this time, Consultant City Planner, Alan Brixius, briefly described a proposed ordinance amending Title 7, Chapter 4, of the Lakeville City Code pertaining to excavations and mining. He stated this new ordi- nance would be necessary to provide uniform and precise requirements for new and nn-going gravel excavation and mining operations in the City. The ordinance would insure-that the City does not end up with a nuisance while the gravel excavation and mining operations are in operation or unusable or unsightly remains on the site when they are concluded. The ordinance is also in the review process in front of the Natural Resources Committee and Planning Commission and should be ready for Council action in January of 1989. 88.583 Motion was made by Harvey, seconded by Nelson to acknowledge receipt of a draft ordinance amending Title 7, Chapter 4, of the Lakeville City Code pertaining to excavations and mining. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun opened the public hearing on the renewal applications of liquor licenses for 1989. The City Clerk attested to the legal notice. 88.584 Motion was made by Enright, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.585 Motion was made by Sindt, seconded by Nelson to approve the renewal application s of liquor licenses for 1989. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened discussion on the application of the City of Lakeville to rezone Area A from R-7, High Density Residential, to R-2, Single Family Residential. Mayor Zaun went through the findings of fact on the issue and stated that he recommended rezoning the property to R-2. Individuals representing four parcels appeared before the Council and made an appeal to keep the existing zoning on the site. He stated that with a proper buffer, high density residential on that site would be compatible with neighboring law density residential property. In addition, all the necessary infrastructure around the site are compat- ible to R-7. He concluded his comments by stating that he is not familiar with any public opposition to current R-7 zoning on the site and the comprehensive plan of the City should be followed and no rezoning be implemented. 4 . • . . ~, ~, CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 88.586 Motion was made by Harvey, seconded by Nelson to adopt the findings of fact and approve the application of the City of Lakeville to rezone Area A from R-7, High Density Residential, to R-2, Single Family Residential. (Ordinance No. 358) Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Harvey. Nays, Sindt. Councilmember Sindt stated she voted no because other uses, such as R-4, might be appropriate for the site. At this time, Mayor Zaun opened the public hearing on the assessment of delinquent costs due to the City on Walnut Ridge Addition. The City Clerk attested to the legal notice. 88.587 Motion was made by Enright, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.588 Motion was made by Enright, seconded by Sindt to certify the assessment of delinquent costs due to the City on Walnut Ridge Addition and send it to the County Auditor. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun opened the public hearing on the delinquent water and sewer accounts with the City of Lakeville. The City Clerk attested to the legal notice. 88.589 Motion was made by Enright, seconded by Nelson to close the public hearing. Roll call was taken nn the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.590 Motion was made by Sindt, seconded by Nelson to certify the delinquent water and sewer accounts with the City of 'Lakeville and send them to the County Auditor. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.591 Motion was made by Sindt, seconded by Harvey to table approval of the proposed Dakota County HRA draft, Housing Finance Policy For Rental Housing, until the City receives a letter from Mr. Mark Ulfers clarify- ing certain items in the document. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 5 ~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 88.592 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 359 amending the zoning ordinance section 11 concerning dumpster enclos- ures. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.593 Motion was made by Sindt, seconded by Nelson to adopt Resolution N0. 88-161 approving the 1989 utility fund budget. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.594 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-162 approving the utility user rate schedule effective for the first quarter of 1989. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.595 Motion was made by Enright, seconded by Sindt to approve change order ~~3 for CBD parking lot and plaza improvement project 88-8. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened discussion on the concept plan for Highway 50 reconstruction from Kenwood Way to Dodd Boulevard. City Engineer Keith Nelson did a short presentation on the proposed road reconstruction project. He stated a letter had been drafted concerning the City's viewpoint on the proposed redesign and upgrading of Trunk Highway 50. The proposal was to rebuild a section of Highway 50 beginning just north of Lakeville High School and continuing to a point near the White Funeral Home. He went on to state that the City and officials of School District 194 may be working together to expand this upgrade further and include a second major entrance in the Lakeville High School. He concluded his presentation by discussing cost considerations and proposed materials for road construction. Significant Council discussion followed and involved questions/concerns over costs, road design, time frame for completion and the need for the item to be brought before the Planning Commission for their review. 88.596 Motion was made by Harvey, seconded by Nelson to authorize staff to send a letter to the Minnesota Department of Transportation regarding Trunk Highway 50, subject to review of local contribution for the project. Roll call was taken nn the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 6 ,., ;, • . , • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1988 88.597 Motion was made by Sindt, seconded by Nelson to approve the proposed expansion of the Ole Piper Inn based on compliance of nine conditions set by staff and contingent upon receipt of a letter of credit from the applicant. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. A council work session was set for December 12, 1988, in the city hall conference room. 88.598 Motion was made by Zaun, seconded by Nelson to adjourn the council meeting. Roll call was taken nn the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Time: 10:00 p.m. 7 • . . Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. CITY OF LAKEVILLE AGENDA COUNCIL MEETING DECEMBER 5, 1988 7:00 P.M. • a. Approval of the minutes of the November 21, 1988, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, November 17, 1988 Park and Recreation Committee,. November 30, 1988 Cable TV Board, November 11, 1988 d. Approval of easement agreement for trail easements between B & L Properties, Inc. for lot 20, block 5, in Bluebill Bay Estates, and Magner Homes, Inc., fee owner of lot 21, block 5, in Bluebill Bay Estates, and the City of Lakeville. e. Approval of easement of parcels 2 and 12 for City of Lakeville Improvement Project 87-4, (165th Street extension). f. Approve renewal of billboard licenses for 1988-89 for Nolan Bros., Inc. and Russell Streefland, Jr. g. Approve final payment for watermain extension in North Park to Kirkwold Construction Company, Inc. in the amount of $1,331.79. h. Award Improvement Project 88-17A, drilling of well 4~8, to Keys dell Drilling Company in the amount of $119,810.00 with a completion date of June 9, 1989. i. .~~ CITY COUNCIL AGENDA December 5, 1988 j. Authorize advertisement for bids for pumping facilities and equip- ment for well ~~8, Improvement Project 88-17B. k. Authorize advertisement for bids to convert existing buildings adjacent to CBD parking lot and plaza to underground electrical services. Underground telephone conduits will also be installed under the same contract. 1. ~laive 60 day waiting period for Lakeville Hockey Boosters for a drawing to be held on December 28, 1988. m. Resolution giving preliminary approval to a financing program on behalf of Office Electronics, Inc. under Minnesota Statutes, Sections 469.152 through 469.165, as amended. 5. Presentation by students of Sioux Trail Elementary School. 6. Application of the City of Lakeville to rezone property located south of County Road 46 and east of Cedar Avenue from R-7 to R-4 or R-2. a. Findings of fact and Planning Commission recommendation. b. Adoption of ordinance rezoning the property. c. Refer back to Planning Commission for a new hearing on rezoning from R-7 to R-2. 7. Adopt findings of fact and decision on the application of Barbara L. Finanger to rezone to R-A and operate a dog kennel via a conditional use permit at 21219 Keokuk Avenue Kest. 8. Review of an ordinance amending Title 7, Chapter 4, of the Lakeville City Code pertaining to excavations and mining. 9. Public hearing nn the renewal applications of the following liquor licenses: Chart House: On-sale and Sunday Liquor V.F.Q. Club: Special Club and Sunday Liquor Brackett's Crossing: Special Club and Sunday Liquor Ole Piper Inn: On-sale and Sunday Liquor Lakeville Family Bowl: On-sale and Sunday Liquor Babe's Sportsbar: On-sale and Sunday Liquor Lakeville Inn: On-sale and Sunday Liquor a. Approval of the licenses. 10. Application of the City of Lakeville to rezone Area A from R-7, high density residential district, to R-2, single family residential dis- trict. a. Findings of fact and Planning Commission recommendation. b. Adoption of ordinance rezoning the property. 2 • • • CITY COUNCIL AGENDA December 5, 1988 11. Public hearing on the assessment of delinquent costs due to the City on ~lalnut Ridge Addition. a. Certify the delinquent assessments and send to the County Auditor. 12. Public hearing on the delinquent water and sewer accounts with the City of Lakeville. a. Certify the delinquent bills and send to the County Auditor. 13. Review and comment on the proposed Dakota County H.R.A. draft, Housing Finance Policy for Rental Housing. 14. Application of Glen Klotz for the vacation of existing streets located in the Orchard Lake Hills plat. 15. Application of the City of Lakeville for an ordinance amending the zoning ordinance Section 11, 11,14, concerning dumpster enclosures within the limits of the City. 16. Adopt 1989 utility fund budget. 17. Adopt the utility user rate schedule effective for the first quarter of 1989. 18. Approval of change order 4~3 for CBD parking lot and plaza Improvement Project 88-8. 19. Review concept plan for Highway 50 reconstruction from Kenwood k~ay to Dodd Boulevard and authorize letter to M/DOT on the scope of the Highway 50 design the City favors, 20. Any other business. A. Approval of a conditional use permit to install a municipal well to be located on Lot 1, Suburban Acres. B. Resolution approving the final plat of Lake Villa Golf Estates 3rd Addition, approval of the development agreement and a minor compre- hensive plan amendment to include the plat in the 1990 Urban Service Area. C. Approval, with conditions, of expanded space for the Ole Piper Inn on-sale liquor license. 21. Adjourn. 3