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HomeMy WebLinkAbout04-18-88.~~ ~ i • a~ . CITY OF LAKEVILLE COUNCIL MEETING APRIL 18, 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, Park and Recreation Director; Bruce Robertson, Administrative Assistant; and Darrell Schneider and Daryl Zuelke, Consulting City Engineers. Staff announcements: The City Attorney asked the Council to meet with him after the meeting in executive session to discuss the pending Queen Anne lawsuit. The City Administrator described a new design proposed for the City's billboard located on Interstate 35. Mayor Zaun asked that a $50 payment to the Chamber of Commerce for a cleanup day to be held on Saturday, April 30th, be added to other business. At this time, Mayor Zaun opened the floor to a representative of the VFW who spoke on Loyalty Day. She told the council that Loyalty Day is. held each year on May 1st and celebrates our .country and the US flag. It will involve activities such as coloring contests, a dance and a food drive. The mayor and council then posed for pictures with representatives of the VFW. 88.140 Motion was made by Harvey, seconded by Sindt to approve the proclama- tion supporting Loyalty Day. Roll call was taken on the motion. Ayes., Nelson, Zaun, Enright, Sindt, Harvey. Mayor Zaun then read a resolution proclaiming May 7th as Arbor Day in Lakeville. It was announced that Arbor Day activities this year will include a tree planting ceremony, free seedlings to the first 50 residents, free pop and donuts and a number of other activities. 88.141 Motion was made by Nelson, seconded by Harvey to approve Mayor Zaun's signature on the Arbor Day Resolution No. 88-32. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Councilmember Sindt asked that agenda items 9, 22A, 22B and 22C be added to the consent agenda. • • • -- ~ CITY OF LAKEVILLE COUNCIL MEETING • APRIL 18, 1988 Councilmember Harvey asked that item 4D be removed from the. consent agenda. 88.142 Motion was made by Enright, seconded by Harvey 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, Enright, Sindt, Harvey, Nelson, Zaun. 88.143 Motion was made by Harvey, seconded by Nelson to table approval of resolution adopting findings of fact and conclusion regarding Lakeview Manor E.A.W. until the April 25, 1988, special council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.144 Motion was made by Sindt, seconded by Harvey to schedule a special city council meeting for April 25, 1988, at 7:00 p.m. at Lakeville High School to discuss the proposed Lakeview Manor development. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened a public hearing on the establishment of Tax Increment Financing District No. 9 within Redevelopment Project No. 2. The City Clerk attested to the legal notice. The City Administrator described the tax increment proposal. He stated that four parcels of land were included in the plan. Three parcels were currently used for residential purposes, while one is the proposed site of the Marquette Bank. All four parcels are zoned commercial. Mr. McGarvey went on to state that by purchasing and combining the three properties, the City would be able to offer an excellent parcel of land for future commercial development. 88.145 Motion was made by Harvey, seconded by Enright to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Enright „ Sindt, Harvey, Nelson. 88.146 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 88-36 approving an adoption of a Tax Increment Financing Plan in Tax Increment Financing District No. 9 with Redevelopment Project No. 2 as established by the H.R.A. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 2 • ' CITY OF LAKEVILLE COUNCIL MEETING ` v APRIL 18, 1988 At this time, Mayor Zaun opened the public hearing on the vacation of a street located in the northwest quarter of Section 13 in relation to the 185th Street improvement project. The City Clerk attested to the legal notice. 88.147 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.148 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 88-37 approving the street vacation. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened the public hearing on the vacation of an easement for public drainage and utility purposes in the Ridgeview Second Addition area. The City Clerk attested to the legal notice. 88.149 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. 88.150 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 88-38 approving a five foot side yard easement vacation for public drainage and utility purposes in the Ridgeview Second Addition area, subject to applicant clearing up their financial obligations to the City. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mayor Zaun opened the public hearing on the street vacation of part of front street, now called Upper 208th Street West. The City Clerk attested to the legal notice. 88.151 Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.152 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 88-39 approving the street vacation on part of Upper 208th Street West. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 3 ' CITY OF LAKEVILLE COUNCIL MEETING ' APRIL 18 , 1988 88.153 Motion was made by Enright, seconded by Sindt to approve, with the recommendations from the planner/planning commission, a special home occupation permit for Dawnlyn Mulcare for an in home beauty salon on 17735 Iceland Trail. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, the Council discussed a conditional use permit applica- tion of Vernon Lovstad for Messiah Lutheran Church to be built on Highview Avenue and approximately 167th Street. The pastor of the proposed church, Vernon Lovstad, requested that retired church members be allowed to live in six temporary housing units from July 10 to November 1 on site to help build the church. Significant Council discussion followed and involved the issues of allowing temporary housing on the site and the precedent it might set for similar requests, and the difficulties of locating a church on a gravel road. 88.154 Motion was made by Sindt, seconded by Enright to approve the condi- tional use permit of Vernon Lovstad for Messiah Lutheran Church to be built on Highview Avenue, subject to all planners/planning commission. recommendations except X63 and 4~8, with the additional criteria that the church pay their assessment on Highview Avenue if that road is im- proved.. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.155 Motion was made by Enright, seconded by Sindt to direct the City Attorney to prepare a draft amendment to the City ordinance that would allow for the use of temporary housing under certain conditions. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Nay, Harvey. At this time, Glenn Nord of 20655 Holt Avenue West made a lengthy presentation on a conditional use permit application and/or setback variance pertaining to a garage side yard setback. He described how the lots in his neighborhood were irregular in size, and constructing a garage using the traditional setback requirements would be extremely difficult . Council concerns discussed included the location of the driveway to the right of way, the alignment of the garage in comparison to the house and if the resident would retain their existing driveway. 4 • • • CITY OF LAKEVILLE COUNCIL MEETING ' APRIL 18, 1988 88.156 Motion was made by Enright, seconded by Harvey to approve the condi- tional use permit for the garage side yard setback for Glenn and Pamela Nord at 20655 Holt Avenue West, utilizing all the planners/planning commission suggestions .except items ~~3, 6, 9 and with the understanding that the resident will not park in the driveway. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Tom Kearney made a presentation on his proposed Dairy Queen facility to be located on 175th Court near the Southfork Center. He described the location, size and layout of the signs, as well as the location of the facility in relation to the property line. Significant Council discussion followed and involved concerns over potential traffic congestion, sharp elevation changes between the Amoco Station and the proposed Dairy Queen site and the irregular shape of the lot. 88.157 Motion was made by Enright, seconded by Sindt to approve the planned unit development conditional use permit by Thomas Kearney for a Dairy Queen restaurant on 175th Street, subject to the recommendations of the Planning Commission. Roll call-was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, Bill Dolan, of Forest Park Development, made a presenta- tion on a preliminary plat proposed for a subdivision called Great Oak Shore. He stated the development would consist of 45 acres and will be developed in three phases. The first phase would consist of 20 homes and would be located east of I-35 and just southwest of Orchard Trail. Significant Council discussion followed and involved concerns over locating single family homes so close to interstate 35 and the fact that the road that will provide access to the plat is currently not blacktopped in some sections. 88.158 Motion was made by Harvey, seconded by Nelson to approve the prelimi- nary plat proposal of Great Oak Shore, a single family subdivision by Forest Park Development, subject to the 11 conditions of the planner's report and also subject to Orchard Trail being improved to the entrance to the subdivision. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright,. Sindt. 88.159 Motion was made by Sindt, seconded by Nelson to approve the grading permit for Great Oak Shore single family subdivision, subject to receipt of approved grading plan by the city engineer and receipt of a $10,000 security bond. 5 • • ~ ' CITY OF LAKEVILLE COUNCIL MEETING • ~ APRIL 18, 1988 Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 88.160 Motion was made by Harvey, seconded by Nelson to receive the report on establishing a full time crime prevention officer and approve the establishment of one additional patrol officer position for the Police Department. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.161 Motion. was made by Sindt, seconded by Nelson to receive the revised proposal from Peter Ring for the study of the .future Police Department operation/program/staffing and approve implementation of phase one of the study. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.162 Motion was made by Harvey, seconded by Sindt to approve the sale of a parcel of property for $15,000 next to fire station No. 3 to Centel for a telephone utility building with the criteria that if Centel no longer needs the facility at that location, the parcel would return to the ownership of the City. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 88.163 Motion was made by Harvey, seconded by Enright to approve plans and specifications for 185th Street and Highway 50 turn lanes and authorize preparation of a cooperative agreement with M/DOT. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 88.164 Motion was made by Enright, seconded by Nelson to receive a report from the Park and Recreation Director and Finance Director for the purchase of a groundmaster mower, and to approve its purchase. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Park and Recreation Director Steve Michaud made a presentation on a proposed agreement between the City of Lakeville and Barton Aschman Associates, Inc. for a park and open space system planning study. He described the reasons for the proposal, the background of the company designated to implement the study and cost considerations relating to the study. Significant Council discussion followed and involved concerns over the cost and frequency of park studies over the last few years. 6 x CITY OF LAKEVILLE COUNCIL MEETING APRIL 18, 1988 88.165 Motion was made by Sindt, seconded by Harvey to table approval of an agreement between the City and Barton Aschman Associates for a park and open space system plan study until the May 2nd Council meeting to allow staff time to provide additional information on the park and open space study. Roll call was taken on the. motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 88.166 Motion was made by Sindt, seconded by Enright to approve Resolution No. 88-41 nominating Patricia Bonniwell for the CC Ludwig Award. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 88.167 Motion was made by Nelson, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. Time: 10:30 p.m. Respectfully submitted, /' Patrick E. M Gar ey; City C 7 ~ ~ • CITY OF LAKEVILLE AGENDA COUNCIL MEETING APRIL 18, 1988 7:00 P.M. Call ao 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 April 4, 1988, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, March 31 & April 7, 1988 Natural Resources Committee, April 5, 1988 Park & Recreation Committee, April 6, 1988 d. Approval of resolution adopting findings of fact and conclusion , regarding Lakeview Manor E.A.W. e. Resolution designating May 7, 1988 as Arbor Day in the City of Lakeville. f. .Authorize "no parking" signs on the south side of Junction Way in the SouthFork Village complex. g. Resolution approving compensation for the Volunteer Fire Department. h. Approval of a supplemental agreement with Fullerton Lumber Company on Fire Station No. 3. i. .Approval of youth employment and training worksite agreement with .Scott County for summer student help. j. Award of contracts for work on off-sale liquor store No. 3 per recommendation of the architect and construction manager. • • k. Receive Police Department annual report for 1987. • 1. Call a public hearing on the vacation of a street in Lake Villa Golf Estates Second Addition for the May 16, 1988, council meeting. m. Receive feasibility study for watermain, sanitary sewer, street and storm sewer improvements to service a proposed plat on Langley Avenue north of 168th Street and Orchard Lake, and set a public hearing for May 16, 1988. n. Receive storm drainage study requested by Stewart Properties for ponding alternatives for Marion Village-by-the-Lake preliminary plat. o. Receive bids and award contract for the 175th Street improvement project No. 87-25 to Richard Knutson in the amount of $256,229.55. p. Approve specifications for rehabilitation of well number three and authorize advertisement for bids. q. Approve purchase of cash registers for off-sale liquor stores. 5. Public hearing on the establishment of Tax Increment Financing District No. 9 within Redevelopment Project No. 2 and the proposed approval and adoption of a Tax Increment Financing Plan relating thereto. a. Attest to the legal notice. b. Presentation of the T.I.F. project. c. Questions and comments. d. Motion to close the public hearing. e. Resolution approving the establishment of T.I.F. District No. 9 within Redevelopment Project No. 2 as established by the H.R.A. 6. Public hearing on the vacation of a street located in the Northwest Quarter of Section 13, in relation to the 185th Street improvement project . a. Attest to the legal notice. b. Presentation of the issue. c. Questions and comments. d. Motion to close the public hearing. e. Resolution approving the street vacation. 7. Public hearing on the vacation of an easement for public drainage and utility purposes in the Ridgeview Second Addition area. a. Attest to the legal notice. b. Presentation of the issue. c. Questions and comments. d. Motion to close the public hearing. e. .Resolution approving the easement vacation. 2 • • • 8. Public hearing on the street vacation of part of Front Street, now called Upper 208th Street West. a. Attest to the legal notice. b. Presentation of the issue. c. Questions and comments. d. Motion to close the public hearing. e. Resolution approving the street vacation. 9. Ordinance amending the zoning Ordinance No. 167 by changing the Business Campus District designation section of the ordinance from section 44 to 38A. 10. Approval of a special home occupation permit for Dawnlyn Mulcare for an in home beauty salon on 17735 Iceland Trail. 11. Approval of a conditional use permit for Vernon Lovstad for Messiah Lutheran Church to be built on Highview Avenue and approximately 167th Street. 12. Approval of a conditional use permit and/or setback variance pertaining to a garage side yard setback for Glenn. and Pamela Nord on 20655 Holt Avenue West. 13. Approval of a planned unit development conditional use permit for Thomas Kearney for a food establishment (Dairy Queen) to be located on 175th Court. 14. Approval of the preliminary plat of Great Oak Shore, a 20 .single family subdivision by Forest Park Development located east of I-35 and north- west of Lake Marion, and south of Orchard Trail. 15. Receive report and recommendation to provide for a full time police officer/crime prevention position and authorize the addition of one additional police officer position. a. Approval of the report. 16. Receive revised proposal from Peter Ring for study of the future police department operation/program/staffing. a. Approval of phase one of the study to proceed. 17. Set special council meeting for consideration of the Goff development. 18. Approval to sell or lease a small parcel of property next to fire station No. 3 to Centel for a telephone utility building. 19. Approve plans and specifications for 185th Street and Highway 50 turn .lanes and authorize preparation of a cooperative agreement with M/DOT. 3 • 20. Receive report from the Park and Recreation Director and Finance Director for the purchase of a ground master mower. a. Approval of amendment to the 1988 park department capital improve- ment budget and authorization to take bids on the equipment. 21. Approve agreement between the City of Lakeville and Barton-Aschman ..Associates, Inc. for park and open space system planning. 22. Any other business. a. Resolution authorizing condemnation on parcels in the downtown central business district project. b. Receive bid and award a contract to Custom Fire for refurbishment of pumper 4648381. 23. Adjourn. 4