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HomeMy WebLinkAbout05-16-88t, { +.gM s • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 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; Steve Michaud, Parks and Recreation Director; Bruce Robertson, Administrative Assistant and Darrell Schneider and Daryl Zuelke, Consulting City Engineers. Staff announcements: The City Administrator stated that under other business the council would be asked. to consider approval of the .transfer of the City`s cable franchise from Metro Cable to Star Mid America Cable. Citizen comments: Walter Sternberg of 16720 Klamath Trail asked. if any certified property appraisers from the county were in attendance to discuss appraisals of properties in Lakeville. The City Administrator stated there was. Jeff Bry, representing the Valley Park Homeowners Association, ques- tinned when the rezoning request for the R-7 site off of 160th Street would be considered by council. The City Administrator stated this would be considered after completion of a study of all R-7 parcels within the city that is being implemented by the City's planning consultant. Councilmember Harvey asked that items 4k, 4s and 4v be removed from the consent agenda. Councilmember Sindt asked that items 4a and 4h be removed from the consent agenda. 88.197 Motion was made by Enright, seconded by Sindt to approve the consent agenda as amended. (Council agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.198 Motion was made by Sindt, seconded by Harvey to change the minutes of the May 2, 1988,. council meeting motion 88-177 to state, "Motion was made by Harvey, seconded by Sindt to receive the letter from School District 4194 regarding their appeal of their seal coating assessment." .y CITY OF LAKEVILLE COUNCIL MEETING ' MAY 16, 1988 ', Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.199 Motion was made by Sindt, seconded by Enright to approve the minutes of the May 2, 1988, council meeting as amended. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.200 Motion was made by Enright, seconded by Harvey to approve a contract to allow a private concessionaire to operate a paddleboat rental at Antlers Park. Roll call wa_s taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.201 Motion was made by Harvey, seconded by Nelson to approve plans and specifications and authorize advertisement for bids for the plaza and parking lot in the downtown business district west of Holyoke Avenue. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Chris Ryan of Marquette Bank, Inc. expressed concern over a 33 foot easement that was being taken from property owned by Mar- quette Bank in the Junelle Path and 176th Street utility and street improvement project. He stated it took away from the value of the lot and asked if the property on the north side of the project could share in the easement. The City Administrator stated that if the easement was shared by property owners on both sides of the road, a retaining. wall would be required, along with a significant loss of trees because of the project. 88.202 Motion was made by Sindt, seconded by Harvey to approve the plans and specifications for the Junelle Path and 176th Street utility and street improvement project south of 175th Street. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.203 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-55 directing the City's planning consulting to prepare a study of the R-7 zoning district; and Ordinance No. 342 temporarily prohibiting issuance of conditional use permits, plats or building permits for multiple family dwellings in the R-7 zoning district. Roll call was taken on the motion.. Nelson. Ayes, Zaun, Enright, Sindt, Harvey, 2 • ,~ • • • CITY OF LAKEVILLE COUNCIL MEETING `. MAY 16, 1988: t 88.04 Motion was made by Sindt, seconded by Harvey to remove from the consent. agenda adoption of a resolution stating a negative declaration on the amended findings of fact for the Goff Manor Home Development. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.205 Motion was made by Harvey, seconded by Nelson to close the Board of Review meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.206 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 88-57 approving the final plat of Meadows 8th Addition, approval of the development agreement, and approval of a minor comprehensive plan amendment to include the plat in the 1990 urban service area, with the condition that the developer escrow money for future Ipswitch Way extension. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.207 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-58 approving the final plat of the Meadows West 4th Addition, approval of the development agreement and approval of a minor compre- hensive plan amendment to include the plat in the 1990 urban service area, subject to the Planning Commission's recommendations and payment of the park dedication by the developer. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.208 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 88-59 approving the final pat of the Meadows West 5th Addition, approval of the development agreement, and approval of a minor compre- hensive plan amendment to include the plat in the 1990 urban service area, subject to the Planning Commission's recommendations and payment of the park dedication by the developer. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.209 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 88-60 approving the final plat of Cherryview 1st Addition, approval of .the development agreement and approval of a minor comprehensive plan amendment. to include the plat in the 1990 urban service area. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 3 • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1988 '~ , 88.210 Motion was made by Harvey, seconded by Sindt to continue to the end of the meeting discussion on the application of George E. Thompson for a rezoning from R-1 low density single family to R-A, single family agricultural. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.211 Motion was made by Harvey, seconded by Nelson to continue to the end of the meeting discussion on the application of George Thompson for a rezoning from R-2, single family to R-4, single and two family. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened the public hearing on the proposed improvement and extension of Langley Avenue north of 168th Street, project 88-6. .The City Clerk attested to the legal notice. Daryl Zuelke, Consulting City Engineer, made a presentation on the proposed project. He stated the extension of this street was requested by a developer to accommodate a part of a plat proposed to the north of 167th Street. He went on to state that only one-half of the right- of-way currently exists and the City would need to acquire the other 30 feet. He concluded his presentation by describing the costs, construc- tion specifications and drainage concerns of the project. A number of residents had concerns or statements regarding the project, these included: Don Wood of 16782 Langley Avenue stated he would be responsible for a large share of the assessment for the project and was concerned with right-of-way lines, elevation changes of the road and access into his. driveway.. Gary Swanson of 16755 Langley Avenue asked about the plans for 167th Street and expressed concern that if the road is raised five feet, as proposed, what would happen to his-lot and trees. Ron McMichael asked why the total road and street "front footage" do not match in the report. The City Administrator stated they were figured at a different rate. John Anderson of 12185 Upper 167th Street asked who would pay the. cost of upgrading Upper 167th Street. A number of council members had questions or concerns regarding the project, these included: 4 .. ~ • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1988 Councilmember Harvey stated he felt the additional curves proposed for the roadway would make it difficult to get into some of the residents' driveways when it snows. Councilmember Sindt expressed concern over raising Upper 167th Street at the intersection of that road and Langley Avenue. Councilmember Enright asked what the advantages and disadvantages were of using another road to reach the proposed development. The city engineer stated the second option would lose many trees and cost significantly more money. Councilmember Nelson inquired about wetland concerns and the tree loss that would result from the proposed project. 88.212 Motion was made by Sindt, seconded by Harvey to continue the public hearing on the proposed improvement and extension of Langley Avenue north of 168th Street, project 88-6, until the council receives a recommendation from the Planning Commission, Parks Commission and .Natural Resources Committee regarding the proposed Orchard Lake plat north of 168th Street. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun opened the public hearing on the proposed improvement of Highview Avenue. The City Clerk attested to the legal notice. Daryl Zuelke, Consulting City Engineer, made a presentation on the proposed project. He stated that currently Highview Avenue was a gravel road and the upgrade of this road was necessary to service a number of plats that were being developed along the road. The road would be upgraded in two phases. The first one would be a 24 foot wide "rural wide roadway". By 1993 the road would be improved to a full urban width of 44 feet with concrete curb and gutter installed at that time. He went on to describe a number of other potential plans for upgrading the road. Mr. Zuelke closed. his presentation by stating that the schedule of the project was to open bids in July, start construc- tion by August, with completion by October. A number of citizens had questions, or comments, regarding the project, these included: Pastor Richard Anderson questioned if Highview Avenue will extend past 160th Street. George McFalley asked what would happen to the developments proposed along the road if the road was not upgraded. 5 • • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1988 • Jeff Larson stated he was told in the mid 1970's there was not going to be any more .special assessments on the road. He went on to ask why they planned to make Highview Avenue a four lane in T993, when it was only a two lane in Apple Valley. Bill Hueser, the developer of the Highview Heights plat, stated he wanted to go on record supporting the project. Significant council discussion followed and involved questions or comments regarding speed limits on the road, drainage, cost considera- tions and which properties were "green acred" for special assessments. 88.213 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. 88.214 Motion was made by Harvey, seconded by Nelson to extend the meeting past 10:30 p.m. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.215 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-61 ordering public improvement and preparation of plans and specifi- cations for Highview Avenue and to include the drainage phase for trunk storm sewer up to Messiah Lutheran Church. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Mayor Zaun opened the public hearing on the vacation of Upper 177th Street West. in the Lake Villa Golf Estates 2nd Addition. The city clerk attested to the legal notice. 88.216 Motion was made by Nelson, seconded by Enright to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.216 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 88-62 approving .the vacation of Upper 177th Street West in the Lake Vi11a Golf Estates 2nd Addition. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Nay, Harvey. Councilmember Harvey stated he voted no because he saw a problem with giving property back to an owner after they let it go tax forfeit.. 6 • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1988 88.217 Motion was made by Enright, seconded by Nelson to approve a quit claim deed to Byron Watschke for a parcel of property called Burns Plaza in the old Club Park Addition No. 1, Burns Plaza, lot 4. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Nay, Harvey. At this time, Consulting City .Engineer Daryl Zuelke made a presentation. on the plans for replacement of the curb and gutter and sidewalk along the east and west side of Holyoke Avenue. He stated the sidewalk would be five feet wide and adjacent to the back of the curb so it stays within the right of way along Holyoke Avenue. 88.218 Motion was made by Harvey, seconded by Enright to continue to the June 6, 1988, City Council meeting review of the final plans for replacement of the curb and gutter and sidewalk along the east and west side of Holyoke Avenue. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.219 Motion was made by Sindt, seconded by Harvey to approve Resolutions No. 88-63, 88-64 and 88-65 approving amendments to the City position classification and pay plan. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.220 Motion was made by Enright, seconded by Harvey to approve the applica- tion of the City of Lakeville for an amendment to zoning ordinance No. .167 amending Section 37, auto oriented business district, Ordinance No. 344. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.221 Motion was made by Enright, seconded by Nelson to approve the applica- tion of the City of Lakeville for an amendment to the sign ordinance amending Section 7.1 concerning residential area identification signs, Ordinance No. 345. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.222. Motion was made by Enright, seconded by Harvey to approve the applica- tion of George E. Thompson for a rezoning from R-1, low density single family, to R-A, single family agricultural, Ordinance No. 343. 7 • • • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1988 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.223 Motion was made by Harvey, seconded by Nelson to deny the application of George Thompson for a rezoning from R-2, single family, to R-4, single and two family. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.224 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 88-66 approving the transfer of the cable franchise from Metro Cable to Star Cable Vision Group. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright 88.225 Motion was made by Harvey, seconded by Enright to adopt Resolution No. 88-56 stating a negative declaration on the amended findings of fact on the Environmental Assessment Worksheet for the Goff-Manor Home develop- ment. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, a number of council members had concerns or questions on a variety of areas, these included: Councilmember Harvey questioned if the members of the Economic Develop- ment Commission should be able to pick their own new members. Instead, any new members to the commission should apply directly to the council. Councilmember Enright asked about the feasibility of tape recording the council meetings in the present facility for legal considerations. Councilmember Nelson stated. he had been contacted by the union regard- ing the job evaluation of union public works and parks positions. He wondered if these positions' working conditions should not provide them a higher score in their job evaluations. 88.226 Motion was made by Enright, seconded by Sindt to adjourn the meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Time: 11:30 p.m. 8 ~~ ~~.: ! • . CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1988 Respectfully..,submiytted, ,, trick E. McGarvey, City Clerk ~~ D ane Zaun, M~~ or 9 -~, ~t • a,, - ,`~ CITY OF LAKEVILLE AGErdDA COUNCIL MEETING MAY 16, 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 minutes of the May 2, 1988, council meeting. b. Approval of the minutes of the May 9, 1988, special council meeting as the Board of Review. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. Planning Commission, May 5, 1988 Park & Recreation Committee, May 4, 1988 Natural Resources Committee, May 3, 1988 Cable TV Board, April 19, 1988 Economic Development Commission, April 26, 1988 e. Approval of contract with Schwarz-Weber Architects and the City of Lakeville for the design of two neighborhood park shelter buildings at Foxborough and North Parks. f. Approval of an agreement with the Soo Line Railroad for the purpose of a private crossing of the multi purpose trailway coming from Dodd Boulevard, crossing the tracks and entering town at 208th Street. g. Approval of an easement agreement with Quigley-Sime Associates for a trail to Aronson Park. h. Approval of contract to allow a private concessionaire to operate a paddleboat rental at Antlers Park. '°;a, _ i. Approval of an agreement with the Dakota County HRA and William Cook '- on the terms for the acquisition of the Winsor Grain, Inc. property at the southwest corner of 208th Street .and Howland Avenue by the 4 ~ Dakota County H.R.A. j. Approve farm rental agreement with Vernon Hallcock for part of Ritter Park. k. Approve plans and specifications and authorize advertisement for bids for the plaza and parking lot in the downtown business district west of Holyoke Avenue along 208th Street and set the bid date for June 15, 1988. (Resolution 88-48 a) 1. Resolution calling a public hearing to re-assess tax forfeiture assessments on lot 2, block 3, Lakeville Hills, owned by Marrietta F. Boevers. (Resolution 88-49) m. Approve grading permit agreement with Heritage Development for Highview Heights, located east of Highview Avenue and south of County Road 46. n. Adopt resolution stating a negative declaration on the findings of fact for Marion Village by the Lake EAW. (Resolution 88-50) o. Adopt resolution stating a negative declaration on the findings of fact for Highview Heights EAW. (Resolution 88-51) p. Approve. grading permit agreement with William Cooley for Lakeville Commercial Center located west of I-35 between County Roads 64 and 70. q. Approve grading permit agreement with Lance Johnson for Daniels Addition located east of Dakota Heights 8th Addition. r. Approval of the plans and specifications for the 185th Street extension from Highway 50 to I -35 and the intersection improvement at Highway 50 and 185th Street, project 87-14, and set the bid date for June 16,.1988. (Resolution No. 88-52) s. Approval of plans and specifications for the Junelle Path and 176th Street utility and street improvement project south of 175th Street, project $7-22, and set the bid date for June 10, 1988. (Res. 88-53) t. Receive bids and award contract for rehabilitation of well number three. (Resolution No. 88-54) u. Resolution establishing a moritorium on any development or building permits in all undeveloped R-7 zoned districts in the City, except for twin home development and buildings, for 90 days to allow the planning consultant. to prepare a study and recommendations on future zoning and development conditions for these areas. (Resolution 88-55/Ordinance No. 342) 2 w ~ ~ • ' v. Adopt resolution stating a negative declaration on the amended findings of fact for the Goff-Manor Home development. (Res. 88-56) w. Approval of an easement agreement with Clinton and Kathleen Zweber for right of way for Project 87-25. 5. Approval of final recommendations for the 1988 Board of Review proceed- ings. 6. Resolution approving the final plat of the Meadows 8th Addition and a minor comprehensive plan amendment to include the plat in the 1990 urban service area. (Res. 88-57) 7. Resolution approving the final plat of the Meadows West 4th Addition and a minor comprehensive plan amendment to include the plat in the 1990 urban service area. (Resolution 88-58) 8. Resolution approving the final plat of the Meadows West 5th Addition and a minor comprehensive plan amendment to include the plat in the 1990 urban service area. (Resolution No. 88-59) 9. Resolution approving the final plat of Cherryview 1st Addition and a minor comprehensive plan amendment to include the plat in the 1990 urban service area. .(Resolution No. 88-60) 10. Application of George E. Thompson for a rezoning from R-1 Low Density Single Family to R-A Single Family Agricultural at 11900 and 11980 210th Street West. (Ordinance No. 343). 11. Application of George Thompson for a rezoning from R-2, Single Family, to R-4, Single and Two Family, at the corner of County Road 5 and Orchard Lake Road. 12. Public hearing on the proposed improvement and extension of Langley Avenue ,north of 168th Street, Project 88-6. a. Attest to the legal notice. b. Fresentation 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. 13. Public hearing on the proposed improvement of Highview Avenue between 160th Street and Dodd Road, Project 88-2. 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. (Resolution. 88-61) 3 +~ .. ~ • • 14. Public hearing on the vacation of Upper 177th Street West in the Lake Villa Golf Estates 2nd Addition. a. .Attest to the legal notice. b. Present the information on the area proposed to be vacated. c. Questions and comments. d. Close the public hearing. e. Resolution vacating the right of way. (Resolution No. 88-62) 15. Approval of a quit claim deed to Byron Watschke for a parcel of property called Burns Plaza in the old Club Park Addition No. 1, Burns Plaza, Lot 4. 16. Review of the final plans for replacement of the curb and gutter and sidewalk along the east and west side of Holyoke Avenue between Upper 206th Street and 205th Street. a. Approval of the plans and specifications and authorize the taking of bids as a part of the downtown Park-Plaza improvement project on June 15, 1988. 17. Resolution. approving amendments to the City position classification and pay plan. (Resolutions No. 88-63, 88-64 and 88-65) 18. Application of the City of Lakeville for an amendment to zoning ordi- nance No. 167 amending Section 37, Auto-Oriented Business District, by adding major auto repair as a conditional use. (Ordinance No. 344) 19. Application-of the City of Lakeville for an amendment to the sign ordinance amending Section 7.1 concerning residential area identifica- tion signs. (Ordinance No. 345) 20. Any other business. a. Receive recommendation on the transfer of the franchise from Metro Cable to Star Cable Vision Group. (Resolution No. 88-66) a. Approval of the transfer. 21. Adjourn. 4