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HomeMy WebLinkAbout11-21-88~ 1 ,ie rx~.• .~. • • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 21, 1988 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 Nelson, Zaun, Enright, Sindt and Harvey. Also present: Patrick McGarvey, City Administrator; Roger Knutson, City Attorney; Keith Nelson, City Engineer; Bruce Robertson, Adminis- trative Assistant; Daryl Morey, City Planner; Jim Robinette, Community Development Director; Alan Brixius, Consultant City Planner; and Darrell Schneider and Keith Englesby, Consultant City Engineers. Staff announcements: The City Engineer stated he and Jim Robinette had met with representatives ~f the Metropolitan Council and had convinced them to go ahead with the planned expansion of the water treatment plant. The City Administrator described the two items added under other business. Citizen Comments: There were none, 88.543 Motion was made by Harvey, seconded by Sindt to direct staff to look into putting a banner on city hall stating the City's support of the Lakeville High School Panthers. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.544 Motion was made by Sindt, seconded by Harvey to proclaim November 26, 1988 as Lakeville Panther Day in the community. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Agenda item ~~4, presentation from Dakota County Soil and Water Conser- vation, was delayed because the representatives from the County had not arrived. Councilmember Nelson asked that Item 5b, approval of the minutes of the October 26, 1988, special council meeting, be removed from the consent agenda. Councilmember Harvey asked that item Sf, approval of a joint powers agreement with the Credit River Township Board for the purpose of improving Judicial Road from 185th Street to County Road 64, be removed from the consent agenda. .~. • CITY OF LAKEVILLE COUNCIL MEETING November 21, 1988 • 88.545 Motion was made by Harvey, seconded by Sindt to approve the consent. agenda as amended. Roll call was taken on the motion. Ayes., Enright, Sindt, Harvey, Nelson, Zaun. 88.546 Motion was made by Nelson, seconded by Enright to approve a joint powers agreement with the Credi-t River Township Board for the purpose of improving Judicial Road from 185th Street to County Road 64. Roll call was. taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.547 Motion was made by Nelson, seconded by Enright to approve the minutes of the October 26, 1988, special council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.548 Motion was made by Enright, seconded by Nelson to adopt the findings of fact for the application of Allan Grommesch and approve the conditional use permit for two curb cuts on lot 2, block 3, Lake Villa Golf Estates First Addition. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.549 Motion was made by Enright, seconded by Harvey to adopt findings of fact for the application of Robert Swanson and approve the conditional use permit to allow outdoor rental and storage on a part of the property of the Southfork III building, with the criteria that the .conditions must be implemented within one year. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.550 Motion was made by Enright, seconded by Sindt to adopt the findings of fact for the application of Gerald Bedeaux and a conditional use permit for outside sales and storage of automobiles at 10670 162nd Street West, with the criteria that the conditions must be implemented within one year. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.551 Motion was made by Harvey, seconded by Enright to adopt the findings of fact and an ordinance rezoning Area I parcel of property located west of the Soo Line Railroad and adjacent to the north and south side of 210th Street from R-7 to R-2. 2 • • • .' CITY OF LAKEVILLE COUNCIL MEETING -~• November 21, 1988 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright.. At this time, Mayor Zaun opened discussion on a rezoning and condi- tional use application for a dog kennel and residential use of the property located at 21219 Keokuk Avenue West. A number of council members had questions or concerns regarding the proposal, these included: Councilmember Harvey stated he was concerned over two sets of residents living in a non-subdivided single parcel. Councilmember Nelson stated he felt the sewer system utilized may not be large enough for a ten acre lot considering the proposed use of the land. He felt approval of this rezoning and conditional use permit would involve "spot zoning". Mayor Zaun stated he felt current zoning of the property was correct. 88.552 Motion was made by Nelson, seconded by Enright to direct the City Attorney to prepare the findings of fact for denial of a conditional use permit and ordinance rezoning the parcel of property from R-l to R-A located at 21219 Keokuk Avenue West, to allow a dog kennel and residential use of the property per the application of Barbara L. Finanger. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mayor Zaun opened discussion on the findings of fact to allow Area E located west of I-35 and south of 185th Street to remain zoned R-7. Mary McDonald, a member of the Park and Recreation Committee, stated her concern over the R-7 site touching portions of Ritter Farm Park and Lake Marion, Significant council discussion followed involving the actual property limits of this R-7 site and the effects on neighboring property of the current zoning. 88.553 Motion was made by Enright, seconded by Sindt to adopt the findings of fact to allow Area E west of I-35 to remain R-7. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.554 Motion was made by Harvey, seconded by Nelson to refer back to the Planning Commission for a new public hearing consideration of a revised site plan and building for the Second Season Golf Center on the west side of I-35, due to the original conditional use permit being expired. 3 r ~• i i CITY OF LAKEVILLE COUNCIL MEETING ``' 1 November 21, 1988 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 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 and R-2. .Mayor Zaun suggested because of the complexity of the issue and a recent lawsuit over that piece of land, the Council may want to consider a work session to discuss the issue in depth. Significant Council discussion followed and involved the advantages of sending the item back to the Planning Commission for review of the merits of rezoning from R-7 to R-2, or having a council work session first before sending the item back to the Planning Commission. 88.555 Motion was made by Sindt, seconded by Harvey to table until the December 5, 1988, council meeting adoption of an ordinance to rezone property located south of County Road 46 and east of Cedar Avenue from R-7 to R-4 and R-2. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.556 Motion was made by Sindt, seconded by Nelson to set a council work session (executive session) for 7:00 p.m. on November 29, 1988, in the city hall conference room. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun opened the public hearing on the application of Four-Eleven, Inc. dba Chart House, for an on-sale and Sunday sale liquor license. The City Clerk attested to the legal notice. 88.557 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.558 Motion was made by Harvey, seconded by Nelson to approve the license application of Four-Eleven, Inc. dba, Chart House, for an on-sale and Sunday sale liquor license, Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.559 Motion was made by Sindt, seconded by Enright to direct the owners of Ardmor Mobile Home Park to take steps necessary to complete storm shelters necessary to provide for all residents of this park by-June 1, 1989. 4 r ~~ CITY OF LAKEVILLE COUNCIL MEETING ~' November 21, 1988 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.560 Motion was made by Harvey, seconded by Nelson to adopt the ordinance amending the zoning ordinance Section 37 by adding governmental and public regulated buildings and structures as a conditional use in a B-3 or CBD-I zone. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.561 Motion was made by Enright, seconded by Nelson to adopt Resolution No, 88-151 awarding the sale of $2,400,000 general obligation improvement bonds, series 1988A. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.562 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 88-152 approving the final plat, developer agreement and minor compre- hensive plan amendment to include the plat in the 1990 urban service area for Lakeville Commerce Center. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelsen. 88.563 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-153 awarding the contract for Lakeville Commerce Center utilities, Improvement Project 88-4, to M & M Sewer and Water, Inc. in the amount of $230,980.50. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun opened discussion. on the resolution relating to the approval of an execution of document amendments in connection with $4,650,000 multi family rental housing revenue bonds (Southfork Village Apartments project), Series 1985. Tom Healey of Healey-Ramme Company made a short presentation on his organization's plans for expansion of the Southfork Apartment complex. He indicated that in Phase II of the project, tax increment assistance would be necessary for an additional 60 to 90 units to be built. immediately to the south side of the present Phase 1200 unit complex. He went on to describe the planned building design of Phase II of the project. Significant Council discussion followed and involved building design, water proofing and the number of children expected to live in Phase II of the complex. 5 t• ~ • ~~ CITY OF LAKEVILLE COUNCIL MEETING 't` November 21, 1988 88.564 Motion was made by Enright, seconded by Nelson to approve Resolution No. 88-154 approving the execution of document amendments in connection with $4,650,000 multi family rental housing revenue bonds (Southfork Village Apartments project) Series 1985. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mayor Zaun opened discussion on the affirmative action plan for the city, He indicated it had been reviewed at the council work session and the changes recommended at that meeting had been implemented. Council discussion on the document followed and involved questions or concerns over the need for department head review of the document, the possible need for a more centralized personnel function in the city and the future auditing of the City's compliance of the plan by the State Department of Human Rights. Administrative Assistant Bruce Robertson stated the document fulfilled the minimum requirements of the law and as a result, unfortunately, city staff could have little, if any, real voice in the contents of the document. City department heads would be informed about the affirma- tive action plan and would meet and discuss the document before it is sent to the State. 88.565 Motion was made by Enright, seconded by Zaun to approve the affirmative action plan for the City of Lakeville, subject to review of the department heads. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.566 Motion was made by Harvey, seconded by Sindt to approve an agreement with Sathe and Associates for consultant service in the testing, screening and evaluation of candidates for the Chief of Police posi- tion. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.567 Motion was made by Harvey, seconded by Nelson to approve a commission agreement with Neal A. Perlich Realty, Inc. for the possible construe- tion of a family restaurant. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.568 Motion was made by Harvey, seconded by Sindt to authorize the City Clerk to submit a purchase offer in the amount of $490,000, along with all outstanding assessments, for the former National Electric, Inc. building and property adjacent to the public works building. 6 . ` "~ ' • • CITY OF LAKEVILLE COUNCIL MEETING November 21, 1988 • Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.569 Motion was made by Harvey, seconded by Nelson to accept the findings of the hearing examiner for Clint Anderson which stated that no discipli- nary action should be implemented. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.570 Motion was made by Enright, seconded by Sindt to approve the extension of employment of .Community Development Department intern John Hennen until April 15, 1989, at an hourly rate of $5.50. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.571 Motion was made by Sindt, seconded by Nelson to receive the bids on the construction of well number eight but table the contract award until the December 5, 1988, City Council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, City Planner, Daryl Morey, made a short presentation on the proposed expansion of the Ole Piper Inn. He stated he had worked with the owners of the restaurant on their site plan and on parking considerations with the proposed expansion of Ole Piper Inn, He stated that 93 off street parking spaces would be required by ordinance to service the entire building complex. Even with extending the asphalt parking lot to the undeveloped area of the site, the most off-street parking that can be accommodated on that property is approximately 76 spaces. This makes expansion of the business difficult unless a large number of cars are parked on the nearby residential streets and in the narrow driveway located at the rear of the building. Significant council discussion followed and involved parking and snow removal concerns in relation to the size of the proposed expansion. 88.572 Motion was made by Sindt, seconded by Harvey to table approval of the request from Keeton-Templeton, dba Ole Piper Inn, for an expansion to their restaurant until the December 5, 1988, meeting of the City Council and direct staff to work with the applicant to come up with alternatives for expansion. Roll call was taken. on the motion, Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.573 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-155 approving the establishment of an interest reduction program. 7 ~• • ~ • • • • CITY OF LAKEVILLE COUNCIL MEETING ~~ November 21, 1988, Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.574 Motion was made by Harvey, seconded by Sindt to approve an on-sale 3.2 beer license for SuperAmerica at 16161 Cedar Avenue. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, council members had questions or concerns regarding a number of items not on the agenda, these included: Councilmember Harvey stated his concern over the image of some of our police reserves at public events. He suggested once a new police chief is hired, one of his priorities should be to improve our police reserves. Councilmember Nelson asked what the status was of the safety review committee. City Administrator Pat McGarvey stated that the committee is in the process of being developed. 88.575 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. ~i Dua a Zaun, May r 8 Time: 10:40 p.m. • • • Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. CITY OF LAKEVILLE AGENDA COUNCIL MEETING NOVEMBER 21, 1988 7:00 P.M. 4. Presentation from Dakota County Soil and Water Conservation. 5. Consent agenda. a. Approval of the minutes of the November 7, 1988, council meeting. b, Approval of the minutes of the October 26, 1988, special council meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. Planning Commission, November 3, 1988 Park & Recreation Committee, November 2, 1988 Cable TV Board, October 18, 1988 e. Receive engineering feasibility report for a pedestrian trail along Dodd Boulevard and County Road 46 from Fairgreen Avenue to Dodd and County Road 46 intersection. f. Approval of a joint powers agreement with the Credit River Township Board for the purpose of improving Judicial Road from 185th Street to County Road 64. g. Approval of change order No. 2 to Barber Construction for project 87-23 and 87-34. h. Call a public hearing on the renewal of on-sale and Sunday liquor licenses for 1989. 6. Adopt findings of fact for the application of Allan Grommesch and approve the conditional use permit for two curb cuts on lot 2, block 3, Lake Villa Golf Estates First Addition. • ` T 1 ~'• •~ CITY COUNCIL AGENDA • ~ NOVEMBER 21, 1988 7. Adopt findings of fact for the application of Robert Swanson and approve the conditional use permit to allow outdoor rental and storage on a part of the property of the SouthFork III building. 8. Adopt findings of fact for the application of Gerald Bedeaux and a conditional use permit for outside sales and storage of automobiles at 10670 162nd Street West. 9. Adopt findings of fact and an ordinance rezoning Area I parcel of property located west of the Soo Line Railroad and adjacent to the north and south side of 210th Street from R-7 to R-2. 10. Adopt findings of fact, conditional use permit and ordinance rezoning .the parcel of property from R-1 to R-A located at 21219 Keokuk Avenue West, to allow a dog kennel and residential use of the property, per the application of Barbara L. Finanger. 11. Adopt findings of fact to allow Area E located west of I-35 and south of 185th Street to remain zoned R-7. 12. Consideration of a revised site plan and building for the Second Season Golf Center on the west side of I-35. a. Approval of the revised plans. 13. 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. 14. Public hearing on the application of Four-Eleven, Inc. dba Chart House, for an on-sale and Sunday sale liquor license. a. Approval of the licenses. 15. Receive letter from John F. Bonner, Attorney for Ardmor Mobile Home Park, on their plans to construct storm shelters, and recommendation from staff. 16. Adopt ordinance amending the zoning ordinance Section 37 by adding governmental and public regulated buildings and structures as a condi- tional use in a B-3 or CBD-I zone. 17. Adopt resolution awarding sale of $2,400,000 General Obligation Improve- ment bonds, Series 1988A. 2 1.t ~ t,` . -~ CITY COUNCIL AGENDA NOVEMBER 21, 1988 18. Approval of the final plat, developer agreement and minor comprehensive plan amendment to include the plat in the 1990 urban service area for Lakeville Commerce Center. 19. Award contract for Lakeville Commerce Center utilities, Improvement Project 88-4, to M & M Sewer and Water, Inc. in the amount of $230,980.50. 20. Adopt resolution relating to the approval of and execution of document amendments in connection with $4,650,000 multifamily rental housing revenue bonds (SouthFork Village Apartments Project) Series 1985. 21. Approval of an Affirmative Action Plan for the City. 22. Approval of an agreement with Sathe and Associates for consultant service in the testing, screening and evaluation of candidates for the Chief of Police position. 23. Approval of a commission agreement with Neal A. Perlich Realty, Inc. for the possible construction of a family restaurant. 24. Consideration of the purchase of the former National Electric, Inc. building and property adjacent to the public works building, for the utility maintenance department. a. Approval of a purchase offer. 25. Action on the findings by the hearing examiner for Clint Anderson. 26. Request to extend employment of Community Development Department intern, a. Approval of the request. 27. Receive bids on the construction of well number eight. 28. Approve request from Keeton-Templeton, dba Ole Piper Inn, for an expan- sion to their restaurant. 29. Any other business. a. Resolution approving the establishment of an interest reduction program. b. Approve on-sale 3.2 beer license for SuperAmerica at 16161 Cedar Avenue. 30. Adjourn. 3