Loading...
HomeMy WebLinkAbout11-07-88• i ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 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; Richard Rader- macher, Chief of Police, Roger Knutson, City Attorney; Keith Nelson, City Engineer; Bruce Robertson, Administrative Assistant; and Darrell Schneider., Daryl Zuelke and Keith Englesby, Consultant City Engineers. Staff announcements: The City Administrator stated the City has received a request from the Bloomington Lions Club for an exception from the 60 day rule for a raffle. This item could be added to other business. The administrator went nn to state that he had talked to Mark Ryan of the Metropolitan Airports Commission, and as yet no firm date has been determined for the planned joint meeting of the MAC and the Lakeville City Council. Councilmember Sindt asked that other business item 27a, waiver of 60 day notice for a raffle by the Bloomington Lions Club, be added to the consent agenda. Councilmember Harvey asked that agenda item ~~20, request to change city holiday schedule to eliminate one-half day on New Years Eve and make Christmas Eve a full holiday, be added to the consent agenda. Councilmember Harvey asked that agenda items 4a and 4b be removed from the consent agenda. 88.514 Motion was made by Enright, seconded by Harvey to approve the consent agenda as amended. Roll call was taken on the motion.. Ayes, Nelson., Zaun, Enright, Sindt, Harvey. 88.515 Motion was made by Harvey, seconded by Sindt to approve the minutes of the regular council meeting of October 17 and the special council meeting of October 19, 1988, correcting motion 88.508 in the minutes of October 17th and the second sentence on page 3 of the October 19th minutes to read, "needed in the department, and reminded the Council that the,.." Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mayor Zaun reopened the public hearing on the proposed improvement of 199th Way east of Jacquard. Avenue. ,- ,.~ • ~ • ~ ,, CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1988 Consultant City Engineer Daryl Zuelke made a presentation on the proposed project. He described the revised scope, location, type of materials proposed to be used, soil conditions, and the latest cost estimates of the project. He stated that Council directed reductions in the scope of the project have resulted in a lower project cost and a lessened front foot estimated assessment rate. If the project is ordered with a concrete curb and gutter, the new estimated front foot rate would be $34.51. If a bituminous edge is used rather than concrete curb and gutter, the front foot rate would be $29.68. He concluded his presentation by saying the reduced scope of the project places the assessment rate in an area that is comparable with other new street front foot rates in Lakeville. A number of citizens had questions or concerns related to the project. These included concerns over school bus and emergency vehicle access to the area and the actual cost in the future in comparison to these estimates. 88.516 Motion was made by Enright, seconded by .Nelson to close the public hearing. Roll call was taken on the motion. .Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.517 Motion was made by Harvey, seconded by Sindt to table agenda item 5d, "motion to .order, or deny, the proposed improvement of 199th Street", until after agenda items 4~6 and 4~7 were decided by the council. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright, At this time, Mayor Zaun opened discussion on the approval of the final plat, developer agreement and a minor comprehensive plan amendment to include the plat in the 1990 urban service area for Marion Pines Addition. Eldon Fossum, a representative of the developer of Marion Pines, did a short presentation on the project. He stated the project would be completed in three phases. A number of trees would be removed from the site and then be replanted later on, so .every home site would have at least three trees on it. He went on to describe the proposed lot locations and other grading concerns. Significant council discussion followed and involved concerns over the single road access into the plat and grading considerations. 88.518 Motion was made by Sindt, seconded by Harvey to approve the final plat of Marion Pines, all of block 1, block 2 and lot 1 in block 3, devel- oper agreement and minor comprehensive plan amendment to include the plat in the 1990 urban service area. (Resolution No. 88-146). 2 ~' . ~ • Y CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1988 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.519 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 88-147 vacating the old platted streets and utility easements in the Marion Pines Addition. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.520 Motion was made by Harvey, seconded by Sindt to take up agenda item 5d. Roll call was taken on the motion. Ayes, Zaun,. Enright, Sindt, Harvey, Nelson. 88.521 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-145 ordering the improvement of 199th Street with concrete curb and gutter. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.522 Motion was made by Enright, seconded by Nelson to approve an addendum to the developer agreement on the Meadows 8th Addition, providing trunk storm sewer credit. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.523 Motion was made by Enright, seconded by Nelson to reconsider the application of Gerald Bedeaux for a conditional use permit for a commercial planned unit development to include outdoor sales and storage on the site. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.524 Motion was made by Enright, seconded by Nelson to direct staff to contact Gerald Bedeaux and work with him to update the conditions originally brought before the council for a commercial planned unit development to include outdoor sales and storage. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Susan Erickson, a resident of North Creek Mobile Home Park, described the conflict residents of her mobile home park were having with the owners of the park over utility billing rates used by the park. She stated she had met with Jim Robinette and Betty Sindt that day, and as a result, felt something could now be worked out with 3 • ~ • ' i CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 19$8 the owners of the mobile home park. She concluded her statements by thanking the Lakeville city staff and council for their assistance in mediating the matter. At this time, Mike Shannon, of the Minnesota Valley Humane Society, gave a short presentation to the council on the services offered by the Humane Society. He stated that his organization needed to raise $200,000 for the construction of an animal shelter. The facility would be modeled after a shelter currently in operation in Anoka County which cares for Lost or mistreated animals. He went on to state that he has been in contact with other Dakota County cities and hopes to receive enough financial support from these cities and other groups to start construction in one to two years. 88.525 Motion was made by Harvey, seconded by Sindt to direct staff to investigate the options available to the City to assist the Dakota County Humane Society in building an animal .shelter. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Dan Parker, and other representatives of the Welsh Company, made a presentation on a concept plan for commercial and residential development at the northeast corner of Highway 50 and Cedar Avenue. He stated that his organization would like some type of indication from the Council on the feasibility of a project on that corner. He went on to describe the project as a mixture of light industrial, retail and residential that would be developed in a number of phases. Significant council discussion followed and involved questions regarding. zoning on the site, the effect of the light industrial development on the residential neighborhood and traffic and road access. The general feeling of the Council was the project would be an excel- lent addition to the community. At this time, Maygr Zaun opened the public hearing on delinquent. utility bills certification to the County Auditor. The City Clerk attested to the legal notice. 88.526 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion.. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.527 Motion was made by Harvey, seconded by Sindt to certify the delinquent utility bills and send them to the County Auditor. (Resolution 88-148) Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 4 • • • ' x CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1988 88.528 Motion was made by Harvey, seconded by Sindt to reset the public hearing to December 5, 1988, on the assessments on Walnut Ridge Addition on lots owned by the developer to complete the public improve- ments and pay accounts with the City. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.529 Motion was made by Nelson, seconded by Enright to approve the settle- ment agreement with Greg Grose. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.530 Motion was made by Harvey, seconded by Sindt to table until the November 21, 1988, meeting of the City Council, final action on the hearing examiner`s findings and recommendations for Clint Anderson, so the City Council can review the hearing examiner's findings in depth. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened discussion on a proposed agreement with Robert H. McAllister for animal control services. Administrative Assistant Bruce Robertson stated that he had written the proposed contract utilizing the contract recently signed between the City of Burnsville and Mr. McAllister. He went on to state that he had added some additional language requiring Mr. McAllister to implement a number of additional responsibilities suggested by Police Chief Rich Rader- macher. The final result was an excellent contract in his opinion. Councilmember Harvey stated he felt the number of hours of patrol and level of service would not be adequate under this contract. Police Chief Rich Radermacher stated he had investigated what other cities in Dakota County were doing regarding animal control and was convinced the current system and proposed contract would provide excellent, but reasonable, service to the community. 88.531 Motion was made by Enright, seconded by Sindt to approve the agreement with Robert H. McAllister for animal control services. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Nays, Harvey. Councilmember Harvey stated he voted no because he felt the proposed contract for animal control services would not ensure adequate patrol time in the community. 88.532 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 88-149 establishing a Board of Appeals under the uniform building code, 5 • • • ' r CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1988 Roll call was taken on the motion, Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.533 Motion was made by Harvey, seconded by Nelson to approve the applica- tion for a grant to the state for partial funding for drug prevention for youth. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.534 Motion was made by Harvey, seconded by Nelson to table until the November 21, 1988, council meeting, "adoption of an ordinance amending the zoning ordinance Section 37 by adding governmental and .public regulated buildings and structures as a conditional use", so unclear language in the proposed ordinance can be corrected. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mayor Zaun opened discussion on the proposed 1989-1990 general fund budgets. Councilmember Harvey expressed his concern over the large reduction over 1988 levels in the funds allocated for the consultant planners. He stated he didn't feel that the new assistant community development director will be able to complete the level of .work to cover the reduction of $60,000 from the consultant planner's budgeted allocation. The City Administrator stated that in recent years a number of large studies were implemented by Northwest Associated Consultants that could not be charged to developers, these types of studies were not antici- pated to be necessary in 1989-90. Though, if additional consultant planning fees are required to be charged in the general fund budget above and beyond what is allocated, the money could come from other sources. The City Administrator went on to discuss the role of the consultant planner starting in 1989. 88.535 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 88-150 adopting the 1989 and 1990 general fund budgets. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Nays, Harvey. Councilmember Harvey stated he voted no because he felt that the community development/planning section of the budget was overly optimistic. At this time, Mayor Zaun opened discussion of an approval of a lease. agreement with J and J Holding Company for the present city hall building and 557 feet next door for a period up to July 1, 1990. 6 • • • ' ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1988 John Enggren, representing J and J Holding, appeared before the Council and made a number of comments on the mix up over the eviction letter and the new lease agreement. He stated that the eviction letter was sent with an understanding that it would act to end the old month to month lease and a new could then be implemented. He stated his displeasure over the problems this misunderstanding had caused the City. Mr. Enggren went on to describe the components of the new lease. After some discussion, he agreed in principal to a 90 day extension from 1/1/90 to 4/1/90 at the 1989 monthly rate, provided that the City gives notice on or before October 1, 1989, regarding its future need for the building. 88.536 Motion was made by Harvey, seconded by Sindt to authorize the mayor and city clerk to execute a lease with J and J Holding for the present city hall building and 557 square feet next door for a rate of $2,871.33 per month through 12/31/89 with a possible extension through 4/1/90. Roll call was taken on the motion. Ayes, Nelson,. Zaun, Enright, Sindt, Harvey. John Enggren then stated to the council that he was very upset about the article in the Life and Times stating the City had been evicted. He stated the paper should have more clearly checked their facts before printing that article. 88.537 Motion was made by Enright, seconded by Nelson to award two contracts for street work and utility work in Woodridge 4th Addition, to pre- ferred Paving and G.L. Contracting, Inc. in the amounts of $13,875.30 and $10,408.42 respectively. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.538 Motion was made by Sindt, seconded by Harvey to extend the Council meeting past 10:30 p.m. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.539 Motion was made by Enright, seconded by Sindt to authorize the recrea- tion supervisor to attend Western Revenues Management School. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. Nays, Harvey. Councilmember Harvey stated he voted no because he felt that the school would be of no real value, 88.540 Motion was made by Sindt, seconded by Harvey to set a council .work session at 7:00 p.m. and a special council meeting for November 16, 1988. 7 } ~ ( V~ ~ , ' ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 7, 1988 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.541 Motion was made by Harvey, seconded by Sindt to direct the City Attorney and City Council Personnel Committee to look into drawing up a policy to prevent City employees from publicly supporting a candidate for election. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.542 Motion was made by Nelson, seconded by Enright to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Timer 10:50 p.m. Respectfull~~ submi,,~ted, ~ Patrick E. McGarvey`; City Cler Duane Zaun, May r 8 ~ r ~ ~ • • r ~ CITY OF LAKEVILLE AGENDA COUNCIL MEETING NOVEMBER 7, 1988 7:00 P.M, Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4, Consent agenda. a, Approval of the council meeting minutes of October 17, 1988. b. Approval of the special council meeting minutes of October 19, 1988. c. Approval of the claims for payment, d. Receive the minutes of the following advisory committee meetings. Planning Commission, October 20, 1988 Parks and Recreation Committee, October 19, 1988 Natural Resources Committee, October 18, 1988 e. Receive application of Four-Eleven, Inc., dba Chart House, for an on-sale and special Sunday sales liquor license and set public hearing for the November 21, 1988, council meeting. f. Approval of settlement agreement and easement agreements for Parcels lA, 2A, and 20A on project 86-3. g. Approval of easement agreement with Mr. and Mrs. Harold Roberts on parcel 1 for project 88-11. h. Approval of snow removal contract with Minnesota Department of Transportation. i. Approval of quit claim deed to School District 194 for a parcel at the southeast corner of Ipava and County Road 46, j. Approval of a quit claim deed to Bridlewilde Properties for Outlot D, Foxborough. • • • CITY COUNCIL AGENDA NOVEMBER 7, 1988 k. Award contract to Kirkwold Construction in the amount of $14,616.00 for outlet to Shady Oak Shores storm drainage pond. 1. Approve change order ~~1 to contract 88-11, Kirkwold Construction, in the amount of $28,958.00. 5: Continued public hearing on the proposed improvement of 199th Way east of Jacquard Avenue. (88-145) a. Presentation of revised project costs. b. Questions and comments. c. Motion to close the hearing. d. Motion to order, or deny, the project. 6. Approval of the final plat, developer agreement and minor comprehensive plan amendment to include the plat in the 1990 urban service area for Marion Pines Addition. (88-146) 7. Resolution vacating the old platted streets and utility easements in the Marion Pines Addition area. (88-147) 8. Approval of an addendum to the developer agreement on the Meadows 8th Addition providing trunk storm sewer credit. 9. Adoption of the findings of fact on the application of Gerald Bedeaux for a conditional use permit for a commercial planned unit development to include outdoor sales and storage within a B-4 zoning district. 10. Presentation by some residents of North Creek mobile home park on utility billing rates used by the park. 11. Presentation by the Dakota County Humane Society for establishing an animal shelter for the County. 12. Review concept plan for commercial and residential development at the northeast corner of Highway 50 and Cedar Avenue. 13. Public hearing on delinquent utility bills certification to the County Auditor. (88-148) a. Notice of hearing. b. Questions and comments. c. Motion to close the hearing. d. Certification of the list of delinquent accounts to the County Auditor. 2 • - i ' CITY COUNCIL AGENDA NOVEMBER 7, 1988 14. Public hearing on the assessments in Walnut Ridge Addition on lots owned by the developer to complete the public improvements and pay accounts with the City. a. Attest to legal notice. b. Presentation of the project, c. Questions and comments. d. Motion to close, or continue, the hearing. e. Adoption of the assessment roll. 15. Approval of a settlement agreement with Greg Grose. 16. Final action nn hearing examiner's findings and recommendation for Clint Anderson. 17. Approval of an agreement with Robert H. McAllister for animal control services. 18. Resolution establishing a Board of Appeals under the Uniform Building .Code. (88-149) 19. Approval to submit an application for a grant to the State for partial funding for drug prevention for youth. 20. Request to change city holiday schedule, to eliminate one-half day on New Years Eve and make Christmas Eve a full holiday. a. Approval of the holiday change effective December, 19$8. 21. 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. 22. Resolution adopting the 1989 and 1990 general fund budgets. (88-150) 23. Approval of a lease agreement with J and J Holding for the present city hall building and 557 square feet next door for a period up to July 1, 1990. 24. Award two contracts for street work and utility work in Woodridge 4th Addition. 25. Authorization for Recreation Program Supervisor to attend Western Revenues Management School. 26. Set a date for a council work session. 27. Any other business. 28. Adjourn, 3