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CITY OF LAKEVILLE COUNCIL MEETING
JULY 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, Harvey.
Also present: Patrick McGarvey, City Administrator; Richard Rader-
macher, Chief of Police; Jim Robinette, Community Development Director;
Roger Knutson, City Attorney; Bruce Robertson, Administrative Assis-
tant; and Daryl Zuelke and Darrell Schneider, Consultant City Engi-
neers.
Staff announcements: The City Administra
of the City Council would be held on July
for the construction of the downtown park
that on Friday and Saturday, July 8th and
store on Cedar Avenue surpassed the sales
number one and two. The store was opened
Citizen comments: There were none.
for stated a special meeting
11th to approve bids received
plaza. He went on to report
9th, sales at the new liquor
of established liquor stores
nn schedule and under budget.
Councilmember Harvey asked that agenda items 13a and 13b be added to
the consent agenda.
A citizen asked that item 4h be removed from the consent agenda.
Councilmember Harvey asked that agenda item 4a be removed from the
consent agenda.
88.276 Motion was made by Harvey, seconded by Sindt to approve the consent
agenda as amended.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
88.277 Motion was made by Harvey, seconded by Sindt to add to the minutes of
the June 20th council meeting between motions 88.263 and 88.264 the
following motion: "Motion was made by Harvey to appoint Tom Lawrence to
the Park and Recreation Advisory Committee. The motion died due to
lack of a second."
88.278 Motion was made by Enright, seconded by Nelson to change the minutes of
the June 20, 1988, council meeting to indicate below motion 88.259 on
Page 3 the following: "Council members Nelson and Enright stated they
voted no because they felt the property owners had a chance. for
financial assistance in the improvement of Langley Avenue, and improv-
ing the road would correct the alignment of the road"
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' ~ CITY OF LAKEVILLE COUNCIL MEETING
JULY 5, 1988
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
88.279 Motion was made by Enright, seconded by Harvey to approve the minutes
of the June 20, 1988, council meeting as amended.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
At this time, two citizens who lived near Independence Park appeared
before the council to voice their support of the proposed Independence
Park storm sewer project. They stated that the basements of their
homes flooded after nearly every heavy thunderstorm.
88.280 Motion was made by Sindt, seconded by Harvey to authorize Donohue to
develop a feasibility study for the Independence Park storm sewer
project.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
88.281 Motion was made by Enright, seconded by Harvey to approve the applica-
tion of Duane Marek for a conditional use permit to construct and
operate an auto body shop at the east side of Dodd Road, north of the
Lakeville Superette, with the added conditions that no vehicles under
repair or vehicle parts be stored outside and all paint and solvent
cans must be disposed of in accordance with state and federal laws be
included in the conditional use permit.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
At this time, the Council opened discussion on a preliminary plat and
concept plan of Marion Pines located east of Jaguar Avenue and south of
the Soo Line Railroad tracks. Eldon Fossum, the developer, made a
presentation of the proposed development. He stated that Marion Pines
was a replat of a plat that was approved by the Council in 1985. The
layout had been changed slightly to adapt existing confines and
topography. He went on to state that .the homes proposed in the develop-
ment would be designed for the mid range of the market. He concluded
his presentation by discussing the advantages of this replat over the
layout of the concept plan approved in 1985.
Significant council discussion followed and involved questions and
concerns over trail locations, access from Highway 50, the possible
future request by a developer for multiple housing in the proposed
outlot adjacent to the railroad tracks of the development, and the
access to this development from any future development in the area to
the east.
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• ~ CITY OF LAKEVILLE COUNCIL MEETING
JULY 5, 1988
The Council and City Administrator advised Mr. Fossum that he ought to
present his development plan and rezoning request for the outlot when
the final plat is ready so that the issue can be resolved before the
new houses in the plat are built. Mr. Fossum indicated he would
consider filing the application to rezone in the near future.
Carl Lutgens, a resident who lives near the plat, appeared before the
Council and stated he had no problem with the development of the land
but was against rezoning the outlot for multiple housing because of
serious traffic problems in the area.
88.282 Motion was made by Enright, seconded by Nelson to approve the prelimi-
nary plat and concept plan PUD of Marion Pines located east of Jaguar
Avenue and south of the .Soo Line Railroad tracks with all engineer and
planner recommendations, except item ~7 of the planner's report.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
88.283 Motion was made by Enright, seconded by Harvey to approve Resolution
No. 88-85 approving the preliminary and final plat of Grist Mill
Addition for Grist Mill Company..
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
At this time, City Administrator Pat McGarvey described a proposal for
a purchase option agreement with William Jackson and M. Tingelhoff for
a parcel of property adjacent to Highway 50 next to the SuperAmerica
station. He stated a six month option to purchase the property would
cost $10,000 with the option to be applied to the purchase price if the
City exercises the purchase agreement. The City also has the right to
extend the option for another six months for the same terms. He went
on to indicate that this is one of the four parcels included in our tax
increment financing district number nine which had been established by
the H.R.A. and the City Council earlier this year. The intent is to
find a developer who would redevelop the property.
Significant Council discussion followed and involved concerns over the
actual marketability of the property for commercial development and the
effect commercial development and grading would have on neighboring
properties.
88.284 Motion was made by Harvey, seconded by Sindt to authorize the mayor and
clerk to sign the purchase option agreement with. William Jackson and M.
Tingelhoff for a parcel of property adjacent to .Highway 50 next to the
SuperAmerica Station.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun, Enright.
Nay, Nelson.
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.~ ~ CITY OF LAKEVILLE COUNCIL MEETING
JULY 5, 1988
Councilmember Nelson stated he voted No because of his concern over the
marketability of the property.
At this time, Mayor Zaun opened the public hearing on the application
of Aberdeen Real Estate Partnership for an on-sale and Sunday liquor
license at the Lakeville Inn. The City Clerk attested to the legal
notice.
There was nobody present wishing to speak.
88.285 Motion was made by Harvey, seconded by Nelson to close the public
hearing.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
88.286 Motion was made by Sindt, seconded by Harvey to approve the application
of Aberdeen Real Estate Partnership for an on-sale and Sunday liquor
license at the Lakeville Inn.
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
88.287 Motion was made by Sindt, seconded by Enright to approve a dance
license for the Lakeville Inn.
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
At this time, Mayor Zaun opened the public hearing on the proposed
sanitary sewer, watermain and drainage improvements to the proposed
Indian Hills plat. The city clerk attested to the legal notice.
The owner of the property spoke, and indicated that the developer had
not made recent payments on the tract of land. Another property owner
to the south asked that in the future the utility line extensions be
planned to serve as lateral lines west of Dodd Road.
88.288 Motion was made by Harvey, seconded by Sindt to close the
public hearing.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
88.289 Motion was made by Sindt, seconded by Harvey to adopt Resolution No.
88-86 denying the project.
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
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` CITY OF LAKEVILLE COUNCIL MEETING
JULY 5, 1988
88.290 Motion was made by Nelson, seconded by Harvey to reject the bids for
Project 87-28, 176th Street and Junelle Path.
Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun,
Enright, Sindt.
At this time, consultant City Engineer Darrell Schneider described the
status of a cooperative agreement for funding with the Minnesota
Department of Transportation for work on 185th Street. He stated as of
yet no cooperative agreement had been reached and as a result the state
is currently unable to approve the plans for the 185th Street and
Highway 50 turn lanes, and work cannot begin on the construction of
the turn lanes on Highway 50 until then. He concluded his comments by
handing out a form describing the various contacts Donohue had initi-
ated to date to obtain the cooperative agreement and approval of the
185th Street extension plans.
88.291 Motion was made by Enright, seconded by Sindt to adopt Resolution No.
88-88 to contract for construction of turn lanes on Trunk Highway No.
50 subject to M/DOT funding at 185th Street for the Highway 50 turn
lanes (State Project No. 188-102-02).
Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt,
Harvey.
88.292 Motion was made by Enright, seconded by Nelson to adopt Resolution no.
88-89 awarding the bid for 185th Street, Alternative No. 2, to Alex-
ander Construction Company, subject to Minnesota M/DOT-MSA approval
Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey,
Nelson.
The City Administrator presented the written purchase agreement from
John B. Enggren for the proposed purchase of the on-sale liquor stare.
88.293 Motion was made by Harvey, seconded by Sindt to authorize and direct
the City Attorney and staff to continue negotiations on the sale of the
on-sale liquor store with Mr. Enggren.
Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey,
Nelson, Zaun.
At this time, the Council had questions or comments on the status of
additional animal control services for the community, the status of
Judicial Road and a question regarding the sign at Twin City Auto.
88.294 Motion was made by Enright, seconded by Sindt to adjourn the Council
meeting.
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~` CITY OF LAKEVILLE COUNCIL MEETING
JULY 5, 1988
Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun,
Enright.
Time: .8:55 p.m.
Respectfully submitted,
r.
Patrick E. c arvey, City erk
F
Dua a Zaun, Mayor
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Call to order.
Flag pledge.
1. Roll call.
2. Staff announcements.
A. Attorney
B. Engineer
C. Administrator
3. Citizen comments.
4. Consent agenda.
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CITY OF .LAKEVILLE
AGENDA
COUNCIL MEETING
TUESDAY, JULY 5, 1988
7:00 P.M.
a. Approval of the minutes of the June 20, 1988, council meeting.
b. Approval of the claims for payment.
c. Approval of the minutes of the following advisory committee meet-
. ings:
Planning Commission, June 16 and June 23.
.Park & Recreation Committee, June 15
Natural Resources Committee, June 21
d. Receive the feasibility report for the improvement of the intersec-
tion of County Road 46 and 31, and call a public hearing on the
project for August 1, 1988. (Resolution 88-82A)
e. Approval of the settlement agreement with the Smiths for the Park
Plaza project land acquisition.
f. Approval of a non-intoxicating malt liquor license for the Lions
Club.
g. Authorize Donohue and Associates to prepare a feasibility study for
the improvement of 199th Way east of Jaguar Avenue.
h. Authorize feasibility study for the Independence Park storm sewer
project.
i. Approval of change order No. 2 with Barber Construction for project
87-24, for improvement of drainage and storm sewer system in parks
and along the trail system.
j. Approve plans and specifications for the 172nd Street reconstruc-
tion, Project 88-2, and set the bid date for July 28, 1988.
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' ~ CITY COUNCIL AGENDA
JULY 5, 1988
k. Extend final completion date with Kenko, Inc. on Project 86-6 from
June 30 to July 10, 1988.
1. Approval of settlement agreement with Russell L. Streefland and
Jeannette S. Streefland for Parcels 17 and 18 on Project 86-6.
5. Application of Duane Marek for a conditional use permit to construct and
operate an auto body shop on the east side of Dodd Road, north of the
Lakeville Superette.
6. Approval of the preliminary plat and concept plan of Marion pines
located east of Jaguar Avenue and south of the Soo Line railroad
tracks.
7. Approval of the preliminary and final plat of Grist Mill Addition for
the Grist Mill Company.
8. Approval of a purchase option agreement with William Jackson and M.
Tingelhoff for a parcel of property adjacent to Highway 50 next to .the
SuperAmerica station.
9. Public hearing on the application of Aberdeen Real Estate Partnership
for an on-sale and Sunday liquor license at the Lakeville Inn, 20800
Kenrick Avenue.
a. Attest to the legal notice.
b. Questions and comments.
c. Motion to close the hearing.
d. Approval of the license application.
10. Public hearing on the proposed sanitary sewer, watermain and drainage
improvements to the proposed Indian Hills plat, Improvement Project
88-10.
a, Attest to the legal notice.
b. Presentation of the project by the City Engineer.
c. Questions and comments.
d. Motion to close, or continue, the hearing.
e. Resolution ordering, or denying, the project.
11. Reject-the bids for Project $7-28, 176th Street and Junelle Path.
12. Adopt resolution awarding the contract on project 87-14, the 185th
Street project, and. committing to construction of turn :lanes on Highway
50 at 185th Street, subject to approval from M/DOT to pay the state
share of the turn lane costs.
13. Any other business.
14. Adjourn
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• ~ CITY COUNCIL AGENDA
. JULY 5, 1988
13. Any other business.
a. Approve a settlement with Ernest Baillif on the Highway 50 project.
b. Approve application of Prior Lake Jaycees for a temporary non-
intoxicating malt liquor license.
c. Receive purchase offer on the sale of the on-sale liquor store to
John B. Enggren.
14. Adjourn
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