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HomeMy WebLinkAbout10-17-88~. ~. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 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, Sindt, Harvey. Absent: Enright. Also present: Patrick McGarvey, City Administrator; Richard Rader- macher, Chief of Police; James Robinette, Community Development Director; Daryl Morey, Assistant Community Development Director; Roger Knutson, City Attorney; Steve Michaud, .Parks and Recreation Director; Bruce Robertson, Administrative Assistant; and Darrell Schneider, Daryl Zuelke and Keith Englesby, Consultant City Engineers. Staff announcements: The City Administrator stated that under other business the Council should consider a request from the AMM for $1,000 to implement a property tax study. He went on to state that the city has been informed by the Department of Transportation that part of State Highway 50 will be rebuilt in the next five to seven years, Citizen comments: There were none. Councilmember Sindt asked that item 4k be removed from the consent agenda. Councilmember Nelson asked that item 4h be removed from the consent agenda.. 88.479 Motion was made by Harvey, seconded by Nelson to approve the consent agenda as amended. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.480 Motion was made by Nelson, seconded by Sindt to receive the petition from residents near Orchard Lake, Kingsley Lake, County Road 5 and Judicial Road areas requesting speed limit reductions. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.481 Motion was made by Sindt, seconded by Nelson to authorize staff to investigate the possibility of lowering the speed limit near Orchard Lake, Kingsley Lake, County Road 5 and Judicial Road areas and report back to the Council ASAP. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. ~ i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 1988 88.482 Motion was made by Sindt, seconded by Nelson to approve the agreement with the Minnesota DNR for snowmobile trail development and maintenance grant. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. At this time, Mayor Zaun reopened the public hearing on the proposed improvement of 199th Way. Consultant City Engineer, Daryl Zuelke made a short presentation on the proposed project. He stated that as a result of further analysis of soil borings, Donohue Engineering was able to revise downward their estimated cost for making the street improvements. The initial feasibility report had the costs for the improvement at $73.72 per front foot, which was based on making a new street 32 feet wide with concrete curb and gutter. The latest revised cost would be $51.76-per front foot for concrete curb and gutter and $46.93 if a bituminous edge type of curb is used in place of concrete.. He went on to describe the revised path of the road and trailway locations. A number of residents have questions or concerns regarding the project, these included: David Frost of 9875 199th Street West, agreed that the current gravel road should be paved, though was concerned that this street would cost about $20 per front foot above the average cost of constructing a new road. He felt that the residents were subsidizing the developer of the Marion Pines plat, Daryl Zuelke stated the costs were higher because of the soil improve- went required on one end of the road. Jim Trenton, of 199th Way West, asked about the level and cost of the fill that would be brought in for the improvement of the road. Todd Rasmussen stated he .would like to see the soil borings done on the road. Bill Forbord inquired about the possibility of making the cul-de-sac smaller and thus save on the cost of the road. Significant Council discussion followed and involved questions/concerns over the conditions of the soils in the area, the status of the nearby Marion Pines plat, constantly changing cost estimates for the project and the effect of a smaller cul-de-sac on snow plowing and emergency vehicle access. 88.483 Motion was .made by Harvey, seconded by Nelson to continue the .public hearing until the November 7, 1988, Council meeting to give the engineer additional time to revise costs as a result of reducing the size of the cul-de-sac portion of the project. 2 ~ • ~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 1988 Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time, Mayor Zaun opened discussion 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. The Mayor went through each of the conditions individually with the applicant, Mr. and Mrs. Bedeaux. The applicants stated that the only condition they were uncomfortable with was the requirement they connect their property with sewer and water before the end of the year. Councilman Harvey expressed his concern over a business of that size operating with only a septic tank. Councilman Nelson stated his concern over used cars being sold on public and private property throughout the community. 88.484 Motion was made by Nelson, seconded by Zaun to approve 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, with a letter of credit to 8/1/89 which must be received before the City issues the permit. Roll call was taken on the motion. Ayes, Zaun, Nelson. Nays, Sindt, Harvey. The motion failed due to the lack of four votes. 88.485 Motion was made by Harvey, seconded by Sindt to authorize the City Attorney to develop a findings of fact for the November 7, 1988, Council meeting 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. Roll call was taken on the .motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.486 Motion was made by Harvey, seconded by Nelson to approve the applica- tion of Jerry Tongen for a conditional use permit for major auto repair at 8815 209th Street with the understanding that all conditions not related to paving be completed July 15, 1989, and the letter of credit will extend until September 1,1989. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.487 Motion was made by Sindt, seconded by Harvey to return to the Planning Commission and direct them to do a findings of fact on the application of Barbara L. Finanger for a conditional use permit for a dog kennel and a rezoning from R-1 to R-A, located at 21219 Keokuk Avenue. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 3 • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 1988 88.488 Motion was made by Nelson, seconded by Harvey to table and direct the Planning Commission to develop a findings of fact for the application of Allen Grommesch for a conditional use permit to allow two. curb cuts on a single family lot. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 88.489 Motion was made by Sindt, seconded by Harvey to approve the application of Bruce and Deborah Steeples for a conditional use permit to build a garage on a non conforming site and to accept the minutes of the Planning Commission as the findings of fact. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.490 Motion was made by Harvey, seconded by Sindt to direct the Planning Commission to develop a findings of fact as part of their review of all conditional use permits. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.491 Motion was made by Harvey, seconded by Sindt to table until the November 7th meeting of the City Council approval of the final plat of Lakeville Commercial Center and development contract with William 0. Cooley, along with a minor comprehensive plan amendment. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 88.492 Motion was made by Harvey, seconded by Sindt to hold the bids for the contract for Lakeville Commercial Center utilities on the west side of I-35, south of County Road 64. Roll call was taken on the motion.. Ayes, Harvey, Nelson, Zaun, Sindt. 88.493 Motion was made by Harvey, seconded by Sindt to authorize preparation of a feasibility study for Judicial Road street improvements from 185th Street to County Road 64 to be prepared by Suburban Engineering. Roll call was taken on the motion, Ayes, Nelson, Zaun, Sindt, Harvey. 88.494 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 88-141 approving the final plat of Shady Oak Shores and development agreement with Bridlewilde Joint Venture and a minor comprehensive plan amendment. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.495 Motion was made by Sindt, seconded by Harvey to approve the development agreement with Dakota County H.R.A. for the park plaza and parking lot in downtown Lakeville. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 4 • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 1988 At this time, Mayor Zaun opened discussion on a proposed agreement with Dakota County, budget and work plan for solid waste abatement activi- ties in the city. Assistant Community Development Director Daryl Morey did a short presentation on the proposed program. He stated that the City will be receiving $178,650 in 1989 to implement .solid waste abatement and recycling. The program will involve buying containers to be distrib- uted to all of the residents and business places in the City for them to place their recyclable materials in on collection day. The other major part of the expenditure is for the set up and operation of a compost site in Lakeville, which is proposed to be at the former Apple Valley waste treatment plant property in northeast Lakeville. Significant Council discussion followed and involved concerns over the quality of the container used for placing their recyclable materials and the system used for composting. 88.496 Motion was made by Harvey, seconded by Sindt to amend Part D of the proposed solid waste budget (commercial/industrial) to the figure of $10,000 with the criteria that actual disbursement of the funds is left up to the City Council. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Warren Wilson and Jeff Connell of Dakota County Planning Department made a joint presentation on the proposed composting center, in which they described the size, type of facility, its hours of operation, types of products accepted and legal mandates related to the facility's usage. 88.497 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, Nelson, Zaun, Sindt, Harvey. 88.498 Motion was made by Sindt, seconded by Nelson to approve a joint powers agreement with Dakota County, budget and work plan for solid waste abatement activities in the City. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.499 Motion was made by Harvey, seconded by Sindt to encourage Dakota County to open the compost facility at the former Apple Valley Waste Treatment Plant property in northeast Lakeville as soon as possible. Roll call was taken nn the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 5 • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 1988 At this time, Mayor Zaun opened the public hearing on the vacation of certain park land as dedicated in the plat of Marion Heights by Bill Stewart north of County Road 64. The City Clerk attested to the legal notice. 88.500 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 88.501 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-142 approving the vacation of certain park land as dedicated in the plat of Marion Heights by Bill Stewart north of County Road 64. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.502 Motion was made by Harvey, seconded by Sindt to table the appointment of the City Engineer until the special Council meeting of October 19, 1988. Roll. call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.503 Motion was made by Harvey, seconded by Sindt to deny the request of Diane Gossard for deferment of her assessment based on staff advice. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 88.504 Motion was made by Nelson, seconded by Harvey to sell 20 feet off the east side of lot 2,-block 4, Oak Shores 2nd Addition, for $800 plus costs. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. 88.505 Motion was made by Harvey, seconded by Nelson to authorize the expendi- ture by the City of Lakeville of $1,000 to the AMM to fund the cost of a tax study. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. 88.506 Motion was made by Nelson, seconded by Harvey to approve change order No. 2 to Rocon Construction in the amount of $24,010.20 on project 88-8. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey, Nelson. 88.507 Motion was made by Nelson, seconded by Harvey to form a safety review committee with representatives from each department. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. 6 `, ` • ~ • M CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 17, 1988 88.508 Motion was made by Sindt, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. Time: 11:30 p.m. Resp~e-t1fu11~subm~rG~~ed, /~ 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 OCTOBER 17, 1988 7:00 P.M, a. Approval of the minutes of the October 3, 1988, council meeting. b. Approval of the minutes of the October 4, 1988, special council meeting. c. Approval of the claims for payment. d, Receive the minutes of the following advisory committee meetings: Planning Commission, October 6, 1988 Park & Recreation Committee, October 5 and October 12, 1988 e. Approve plans and specifications and authorize ad for bids for drilling of new Well ~~8. f. Receive feasibility study for trunk storm sewer to be installed near County Road 46 and Illinois Avenue. g. Approve easement agreement with Soo Line Railroad at 185th Street. (88-143) h. Receive petition from residents near Orchard Lake, Kingsley Lake, County Road 5 and Judicial Road areas requesting speed limit reductions. i. Approve easement agreement with Messiah Lutheran Church. j. Award of construction contract for the North Park and Foxborough Park restrooms/shelter buildings. CITY COUNCIL AGENDA October 17, 1988 k. Approve agreement with Minnesota D.N.R. for snowmobile trail development and maintenance grant. 1. Resolution approving I.C.M.A. retirement trust plan changes. (88-139) m, Approval of settlement agreement and stipulation of dismissal with Robert L. Carroll. n. Approval of the 1989 and 1990 budgets for off-sale liquor stores 1, 2 and 3. o. Resolution calling a sale of general obligation improvement bonds for various street and utility improvement projects. (88-140) p. Approval of a billboard license renewal for Schubert Outdoor Advertising Company. q. Approval of an assessment abatement for 14 parcels of property assessed for seal coating. (88-144) r. Approve revised list of election judges for the November 8, 1988, State General Election. s. Approval of contract for parking lot illumination in North Park with Wunderlich-Malec Engineering, Inc. 5. Continued public hearing on the proposed improvement of 199th Way. 6, 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. 7. Application of Jerry Tongen for a conditional use permit for major auto repair at 8815 209th Street. 8. Application of Barbara L. Finanger for a conditional use permit for a dog kennel and a rezoning from R-1 to R-A, located at 21219 Keokuk Avenue West. 9. Application of Allan Grommesch for a conditional use permit to allow two curb cuts on a single family lot. 10. Application of Bruce and Deborah Steeples for a conditional use permit to build a garage on a non-conforming site. 11. Approval of the final plat of Lakeville Commercial Center and develop- ment contract with William 0. Cooley, along with a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area. 2 ~ ` ~ ' CITY COUNCIL AGENDA October 17, 1988 12. Award contract for Lakeville Commercial Center utilities on the west side of I-35, south of County Road 64, to M & M Sewer Construction. 13. Authorize preparation of a feasibility study for Judicial Road street improvements from 185th Street to County Road 64 to be prepared by Suburban Engineering. 14. Approval of the final plat of Shady Oak Shores and development agreement with Bridlewilde Joint Venture and a minor comprehensive plan amendment to bring the area into the 1990 Urban Service Area. (88-141) 15. Approve development agreement with Dakota County H.R.A. for the park- plaza and parking lot in downtown Lakeville. 16. Approve joint powers agreement with Dakota County, budget and work plan for solid waste abatement activities in the City of Lakeville. 17. Public hearing on the vacation of certain park land as dedicated in the plat of Marion Heights by Bill Stewart, north of County Road 64. a. Resolution approving the vacation of the land. (gg-142.) 18. Appointment of City Engineer. 19. Any other business. a. Request from Diane Gossard for a deferment of her assessments. b, Request from Phyllis and Jerry Ulrich to purchase 20 feet of lot 2, block 4, Oak Shores 2nd Addition, from the City. 20, Adjourn. 3