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HomeMy WebLinkAbout10-03-88. • • t CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3,1988 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 Zaun, Enright, Sindt, Harvey. Absent: Nelson. Also present: Patrick McGarvey, City Administrator; Richard Rader- macher, Chief of Police; James Robinette, Community Development Director; Daryl Morey, Assistant Community Development Director; Alan Brixius, Consultant Planner; Roger Knutson, City Attorney; Bruce Robertson, Administrative Assistant; and Daryl Zuelke and Keith Englesby, Consulting City Engineers. Staff announcements: The City Administrator stated that under other business the Council may want to authorize a change in the liquor license for the Chart House which is currently undergoing a change in ownership. Also, the Metropolitan Airports Commission representatives have contacted the City and want to set up a joint meeting with the Eureka Township Board, the Lakeville City Council and Metropolitan Airports Commission representatives regarding Airlake Airport. Citizen Comments: Carl Wahlstrom, Lakeville School Superintendent, made a short presentation to the Council regarding school expansion plans and an upcoming bond referendum for a new elementary school. Mayor Zaun stated that two Valley Park residents, Jeff Bry and Wenzel Ruhmann, approached him regarding their interest in serving on the Planning Commission. He also congratulated Aptus Corporation of Lakeville, who had won an award for environmental services at a business awards banquet put on by the Chamber of Commerce. Councilmember Sindt asked that the name be changed to Wenzel Ruhmann on Page 3, second paragraph, in the minutes of the September 19, 1988, Council meeting. Councilmember Sindt asked that the Council table items 4m and 40. Councilmember Harvey asked that items 4n, 4s, 4t, and 4v be removed from the consent agenda. 88.442 Motion was made by Sindt, seconded by Enright to add items 16 a, agreement with Soo Line Railroad for trails, and Item 16b, settlement agreement with Mr. and Mrs. Grohoski on the 185th Street and Highway 50 improvement project, to the consent agenda. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1988 88.443 Motion was made by Harvey, seconded by Sindt to adopt the consent agenda as amended. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 88.444. Motion was made by Sindt, seconded by Harvey to table item 4m, receive engineering report from Donohue for storm sewer along County Road 46 from Illinois Avenue to 165th Street, and item 40, approval of change order No. 2 on the Holyoke curb and gutter sidewalk in business district improvement project 88-8 with Rocon Construction. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, En- right. 88.445 Motion was made by Harvey, seconded by Sindt to approve a cooperative agreement with Dakota County to revoke designation of County Road 1, known as Keokuk Avenue, 215th Street and Laigle Avenue, in the south- west corner of the City. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. 88.446 Motion was made by Harvey, seconded by Sindt to approve item 4s, approval of an agreement with Bossardt Christensen Corporation, for construction management services for the city hall project, and item 4t, approval of a proposal/agreement with Orfield and Associates for specialized consultant service on the city hall project. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 88.447 Motion was made by Enright, seconded by Harvey to approve the list of election judges for the November 8, 1988, state general election, except the two individuals on the list with the letter "E" next to their names. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. At this time, Mayor Zaun reopened the public hearing on the proposed improvement of 199th Way. Consultant City Engineer Daryl Zuelke made a lengthy presentation on the project. He stated a number of changes had been made on the feasibility report for the improvement of 199th Way. The revisions include a width of 28 feet rather than 32 feet and taking out much less subsoil in the construction of the road and replacing it with a new granular material. He went on to describe the revised curve of the road, which would both reduce grading costs and save a number of large oak trees and the method used to determine the assessment of property owners. He concluded his presentation by stating, under the revised plan, the total cost of the project to be assessed to residents is $135,700 compared to $230,000 under the original proposal. 2 • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1988 A number of residents had questions or concerns regarding the street improvement project, these included: David Bross who asked what the average cost of constructing new streets was currently in Lakeville. Daryl Zuelke stated it was about $35.00 per front foot . Jerry Rasmussen asked if the developer of Marion Pines will be respon- sible for redoing 199th Street after soil borings were done. He stated he felt the developer should pay all the costs of soil testing. David Ringeisen stated he opposed the movement of Jaguar Avenue from its present location as a result of the construction on 199th Street. He went on to ask why the bikeway was shown right on the street itself in the plans. Daryl Zuelke stated the developer plans to move the bikeway off the street. City Administrator, Pat McGarvey, stated the City cannot order this project until the Marion Pines final plat is approved at the October 17th meeting of the City Council. Bill Forbord stated he would like a few weeks to review the information before the October 17th City Council meeting. 88.448 Motion was made by Sindt, seconded by Harvey to continue the public hearing until October 17, 1988, on the proposed improvement of 199th Way so residents could review the proposed changes in the feasibility report on the road improvement. Roll call was taken on the motion. Ayes, Zaun, Enright, 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. Mayor Zaun went through the specific conditions proposed by staff that must be completed by the applicant. Assistant Community Development Director Daryl Morey stated he had met with Mr. Bedeaux and had discussed in length the conditions that must be met. He went on to discuss landscaping requirements for the property. Consultant City Planner Alan Brixius described the history of the situation. He stated Mr. Bedeaux had started the sale of used cars on the site without contacting city officials. Though since being approached by City staff, Mr. Bedeaux had made a good faith effort to improve the site and work toward accomplishing the conditions set by staff . 3 ~ • ~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1988 Community Development Director Jim Robinette stated his concern over a lack of a letter of credit to insure compliance with the conditional use permit, lack of an adequate site plan, and no formal schedule of implementation of the conditions. Significant council discussion followed and involved concerns over the applicant starting sales of used cars without contacting city offi- cials, utilization of a septic tank system for a high use property such as this, the large number of cars displayed in such a small area and a concern over allowing too many used car lots near a busy intersection. 88.449 Motion was made by Sindt, seconded by Harvey to table approval of 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 until city staff feels the issue should be brought to the City Council again. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 88.450 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 88-130 approving the final plat of Orchard Lake Hills, the developer agreement and a minor comprehensive plan amendment to include the plat in the 1990 Urban Service Area. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, En- right. 88.451 Motion was made by Harvey, seconded by Enright to approve the informa- tion being submitted to the Metro Council in support of the comprehen- sive plan update for Lakeville, with the recommendation to staff to include peak noise of the airport in the information submitted. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 88.452 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 353 amending Section 26 of the zoning ordinance to allow commercial outdoor recreational uses as a conditional use in an R-1, low density single family residential district, and amendment to the definition of commercial recreation, with the deletion of the term "jump center" in the section on commercial recreation. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, En- right. 88.453 Motion was made by Sindt, seconded by Enright to send back to the Planning Commission the application of the City of Lakeville for an ordinance amending Section 37 of the Lakeville zoning ordinance to allow governmental and public regulated utility buildings and struc- tures as a conditional use in a B-3, Auto Oriented Business District. 4 • • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1988 Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. 88.454 Motion was made by Sindt, seconded by Harvey to table, until the October 17th meeting of the City Council, review of an ordinance amending Title 7, Chapter 1, of the City Code to allow the parks and recreation director to authorize the park rangers to issue parking violation tickets in city parks, and have vehicles towed when neces- sary. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 88.455 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 88-131 adopting the 1988-89 tax levy. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 88.456 Motion was made by Harvey, seconded by Sindt to decline to accept the assessment appeals of Edward P. Vivant, project 86-15, and M.J. McNamara, project 86-15, on advice of the City Attorney. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright, Sindt. 88.457 Motion was made by Harvey, seconded by Sindt to authorize deferment of the assessment of Rose Green, project 86-15, as a result of a hardship. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 88.458 Motion was made by Harvey, seconded by Sindt to deny the deferment request of Norris and Linda Niccum, project 86-15, because they did not qualify for a "hardship". Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. 88.459 Motion was made by Harvey, seconded by Sindt to appoint Richard K. Schwartz to the Cable TV Board and to direct staff to put the applica- tion of the other candidate for the opening, Robert Schreier, in for future openings in the Planning Commission and Economic Development Commission. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, En- right. 5 • • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1988 88.460 Motion was made by Enright, seconded by Sindt to approve Ordinance No. 354 amending Title 3 of the city code concerning intoxicating liquors. Roll call was taken on the motion. Ayes, Harvey, Zaun, Enright. Nay, Sindt. Councilmember Sindt stated she voted no because she felt this change accommodated only one situation and not a general need. 88.461 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-133 thanking Mary Brantner for planting the flowers at City parks. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey. 88.462 Motion was made by Enright, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Harvey, Sindt, Zaun. Time: 10:00 p.m. Respectfully submi~ed, r trick E. McGarvey, City Clerk Du ne Zaun, May 6 • • • 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 3, 1988 7:00 P.M. a. Approval of the minutes of the special council meeting of September 14, 1988. b. Approval of the minutes of the regular council meeting of September 19, 1988. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. Planning Commission, September 15, 1988 Park & Recreation Committee, September 21, 1988 f. Approve change order 4~3 for raising manholes in areas where street construction was eliminated on the Carroll property in the amount of $1,476.25 to Richard Knutson Construction Company. g. Approve award of a contract for installation of a yard sprinkler system at fire station three. h. Resolution approving the use of final funds in the fire station three bond construction fund as per request of the Fire Chief. i. Resolution authorizing grant from Metropolitan Council for Perform- ing Arts series in 1989. • • • CITY COUNCIL AGENDA OCTOBER 3, 1988 j. Approval of billboard license renewals for Naegele Outdoor Advertis- ing, Mrs. John J. Young, and Whiteco, Metrocom. k. Approval of a cabaret license for Lakeville Restaurant and Spirits at 20685 Holyoke Avenue. 1. Resolution authorizing acquisition of property for the expansion of the Dakota Heights water reservoir, well and for a water treatment plant, pursuant to Minn. Statutes Chapter 117 under the "quick take" provision of the statute. m. Receive engineering report from Donohue for storm sewer along County Road 46 from Illinois Avenue to 165th Street. n. Approval of a cooperative agreement with Dakota County to revoke designation of County Road 1, known as Keokuk Avenue, 215th Street and Laigle Avenue in the southwest corner of the city. o. Approval of change order No. 2 on the Holyoke curb and gutter sidewalk in business district Improvement Project 88-8 with Rocon Construction. p. Approval of a settlement agreement and stipulation of dismissal as to parcels 3A, 4A and 14A, an easement agreement and settlement agreement on the assessment appeal for the Tri-State Machinery Co., et al., Respondents. q. Approval of settlement agreement for easements for parcel 1, project 87-4, with Santeen/Feltes, and improvement project 87-10, parcel 2, with Santeen/Feltes. r. Approval of agreement between the City and Tushie Montgomery and Associates, Inc. for architect's services for the city hall pro- ject. s. Approval of an agreement with Bossardt Christensen Corp. for construction management services for the city hall project. t. Approval of a proposal/agreement with Orfield and Associates for specialized consultant service on the city hall project. u. Approval of easement agreement with Meritor Development Corporation for project 88-11. v. Approval of the list of election judges for the November 8, 1988, State General Election. w. Approve change order No. 2 to Aronson Park contract with Holst Construction. 2 • • • CITY COUNCIL AGENDA OCTOBER 3, 1988 x. Award of contract for construction of paved partial parking lot for North Park. y. Award contract for construction of sanitary sewer and watermain service to the new Foxborough Park Building. 5. Continued public hearing on the proposed improvement of 199th Way. a. Presentation of revised scope of project improvements, cost esti- mates and assessment costs. b. Questions and comments. c. Motion to close, or continue, the hearing. d. Resolution ordering, or denying, the project. 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. Approval of the final plat of Orchard Lake Hills, the developer agree- ment and a minor comprehensive plan amendment to include the plat in the 1990 urban service area. 8. Approval on the information being submitted to the Metro Council in support of the Comprehensive Plan update for Lakeville. 9. Application of the City of Lakeville for an ordinance amending Section 26 of the Zoning Ordinance to allow commercial outdoor recreational uses as a conditional use in an R-1, low density single family residential district, and amendment to the definition of commercial recreation. 10. Application of the City of Lakeville for an ordinance amending Section 37 of the Lakeville Zoning Ordinance to allow governmental and public regulated utility buildings and structures as a conditional use in a B-3, Auto Oriented Business District. 11. Adopt ordinance amending Title 7, Chapter 1, of the City Code to allow the Parks and Recreation Director to authorize the park rangers to issue parking violation tickets in the city parks, and have vehicles towed when necessary. 12. Resolution adopting the 1988-89 tax levy. 13. Resolution setting the 1989 and 1990 Fire Relief Association retirement benefit rates. 3 • • • CITY COUNCIL AGENDA OCTOBER 3, 1988 14. Assessment appeals or deferments. a. Edward P. Vivant, Project 86-15. b. M.J. McNamara, Project 86-15. c. Rose Green, Project 86-15, deferment. d. Norris & Linda Niccum, Project 86-15, deferment. 15. Appointment to the Cable TV Board. 16. Any other business. a) Agreement with Soo Line Railroad for trails. b) Settlement agreement with Mr. & Mrs. Grohoski on the 185th Street and Highway 50 improvement project. 17. Adjourn. 4