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HomeMy WebLinkAbout08-03-81 a - ~ • • i CITY OF LAKEVILLE COUNCIL MEETING August 3~,,~1981 The meeting was°called tq order by Mayor Lekson at 7:30 p.m. The pledge of allegiance to the flag was given. Roll 'call was taken. Present: Councilmeinbers_Spande, Zaun, Sindt, Nelson and Mayon Lekson. Also present: Roger Knutson, City Attorney; James 'Johnson, City Engineer.; James Robinette; Public works :Di rector; Patrick McGarvey, City Administrator/Clerk. 81.360 Motion was made by Zaun, seoonded by Sindt tq approve the minutes of the' July 15, 1981 special council' meeting. Roll call was taken on the motion. Ayes,. Zekson,.:Zaun, Sindt, & Nelson. I~Tays, none. Spande :.abstained as he ,was next present, 81..3.61 Motion was made by Sindt, seconded by Nelson `to approve the minutes of the July 20, 1981 regular council meeting, Roll call was oaken on the motion.' Ayes, Lekson, Zaun,,Sndt & Nelson. Nays, none. Spande abstained as he was not present. 81.362 Motion was made by Zaun, seconded by Sindt to approve the claims for payment as presented. Roll call was taken on ahe motion. Ayes., Zaun, Sndt, Nelson, Spande.& Lekson: Staff reports: There were none, 81.363 Motion was made by Zaun, seconded by Spande to receive the minutes of_ the Planning.Commission., Natural Resource Committee and .Park & Recreation Committee meetings. Roll ca1l..was taken on the motion. Ayes, Sindt, Nelson,. Spande, Lekson &Zaun. At this time the City Council took up consideration of the application of Kenneth. Zak to rezone a parcel of property on the west side of I-35 at the corner of Keokuk .Avenue .and .215th Street from I-1 and ICD to R-1, .Low Density Single Family Residential. Mr:.Zak's application .also included a request fora conditional use permit to construct. a garage giving him over 1,000 square feet of garage space. Mr, Zak was. present at the council meeting, and Councilman.Zaun asked him if he was aware of the restrictions on home occupations, namely that ,the :.large garage could not be used for a body shop. operation. Mr. Zak answered that he was aware of the restrictions. $1.364 .Motion was made by Zaun, seconded by Spande to adopt Ordinance No. -189 rezoning the property from I-1 and ICD to R-1, Roll call was taken on the motion, Ayes, Nelson, Spande, Lekson, Zaun & Sindt. 81.365 Motion was made by Spande, seconded by Sindt to approve a conditional use permit to Mr, Kenneth Zak to construct a garage with over 1,000 square feet of space subject to the restrction_ hat there be no home occupation or commercial body shop operation in the. garage or on the property. Roll call was taken on-the motion. Ayes., Spande, Lekson, Zaun, Sindt,& Nels©n. At this tme,Mr. Donald Schedler.appeared before ahe council to present a .model of his home and property showing the proposed garage addition at 6846-167th Street w. Mr. Schedler indicated that his request would involve- adding athird stall on his garage. space, placing ahe building within three feet of the lot line. He indicated that the City Administrator had advised him before he .applied that. this. application would most likely be ..denied, and he was .upset that the City planning consultant and Planning Commission members had not all viewed his'propeaay in person. Mayor Lekson and Councilman .Zaun explained to Mr. Scheidler legal grounds upon which variances should~be granted by a city, and the-need for additional ..garage space to accommodate~a recreational vehicle is not legal grounds. -1_ • • • CITY OF LAKEVILLE COUNCIL MEETING August 3, 1981 81.366 Motion was made by Spande, seconded by Zaun to deny. the setback-variance requested by Donald Scheidler because the request does not meet legal requirements for a variance. Ro11 call was taken on the motion... Ayes,,Lekson, Zaun, Sindt, Nelson & Snande. :Councilman Zaunstated that the reason he voted no is because it would be .granting an illegal variance. if he''were to vote yes. At this time Mr. William Traiser appeared before the City, Council to request_ a variance to construct a sun room addition at '9845 ''Oak shore Drive that would require a variance in the. sideyard setback ,requirement.. The City Council discussed the future of the addition and what constituted an addition to a structure. 81.367 Motion was made by Zaun, seconded by Nelson to deny the variance request of William Traiser for a sdeyard setback `because the reason for the addition does not meet the legal definition of `a hardship force variance. Rolf.. call was. taken on the motion. Ayes,,Zaun, Sndt_, Nelson,.Spande & Lekson. At this time Mayor Lekson opened the public hearing on the application of Hec Fuzzy ° s , Inc. for an on-gale and Sunday sale liquor icense for an establishment located at Kenrck Avenue,.north of County Road `70 and the east side of I-35. Mr. and Mrs. Driggs were present. Mavor Lekson asked the City Administrator 'if the banner signs on the roof werestill up. The City Administrator said that they were as of Monday afternoon. The .mayor indicated that the. signs would. have to be removed and .the sign ordinances complied with. The City Administrator indicated that.: Mr. Driggs had brought in a receipt from the Dakota County Treasurers Office-indicating that the taxeswere paid in full through the first half of 1981. Mr. Driggs stated that the Albert Lea. Insurance Agency would be renewing his insurance on the property as of August 20, 1981. Counclmembers asked Mr. Driggs about his plans to expand hisoff-street parking facilities to accommodate the crowds at the establishment so that. 'parking would not occur on Kenrick Avenue.. Mr. Driggs indicated that the grading of the property and placement of gravel. would be forthcoming. 81.368 Motion was made by Zaun, seconded by Nelson to close the public hearing..... Ra7.lcall was taken on the motion. Ayes, Sndt,.Nelson, Spande, Lekson,& Zaun. 81.369 Motion was made by Zaun, seconded by: Nelson to approve the on-sale and Sunday sale liquor licenses to Hec Fuzzy's, Inc. Roll call was taken on the motion.. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. At this time Mayor Lekson opened the public hearing on the proposed improve- merit of 185th Street east from Highway 50 approximately 1600 feet in length. TheeCity Attorney attested to the proper legal notice for the hearing both published and mailed. - At this time Mr. James Johnson, City Engineer,,presented slides showing the proposed project, the estimated costs and the estimated front foot assessment rate of $18.30 far the 3200 lineal feet involved with the proposed project . At this time Mayor Lekson opened the hearing for questions and. comments from the audience. A young lady asked why the road is not being paved all the way from Highway 50 to Dodd Road. The engineer explained that:the utilities have been installed under th~~~ poz~t~.or~ o£. the. road proposed to be baved at this time, _2, • • CITY OF LAKEVILLE COUNCIL MEETING Auguste 3, 1981 whereas the rest of the road is"yet to receive utility improvements. The City Administrator pointed out that the development. agreement between the City and the developer for Woodridge Estates requires that the City act on this matter by October 1, 1981 if the .developer is to: pay up front the cost for the north half of the proposed road improvement. Mayor Lekson read a etter from Ray;An,dersonobjectng tee the proposed project at this"time.: Councilman Nelson asked if and when the 5100 area assessment would be applied for this road improvement as was done for 175th Street. The City Administrator answered that the proposed assessment at this time Baas by a lineal foot basis at the rate of $18.30. A hearing notice .had not been,sent',to property owners not adjacentto 185th Street. The City .could propose to-assess, 'or collect, the 5100 dwelling unit area rate `at the time the building .permits are taken out in the future or by calling another hearing on the mprcwen'ient if the .area assessment is desired to be assessed for non-abutting properties. It was pointed out that the road wi11'have to receivefurtherimprovements in the future to bring it up to the full urban standard. That may be the appropriate ime to im- pose the area charge. Mr. Ron Draper asked if, the improvement. was going to involve his property; and after checking, the City Engineer indicated that it appeared it did not extend far enough on 185th Street to involve Mr. Draper's property. '81.370 Motion was made by Zaun, seconded by Nelson to close the public hearing. Roll call was .taken on the. 'motion. Ayes, Spande, Leks~an, Zaun, Sindt & Nelson. Time: 8:55 p.m. 81.371 Motion was. made by Nelson, seconded by Sindt to adopt Resolution No. 81-51 ordering the improvement of 185th Street from Trunk Highway 50=to a point approximately 1600 feet to the east, project number 81-'8. Roll ca;tl,~;was.aak~n`:on~.the matron. Ayes, Lekson, Zaun, Sindt; Nelson & Spande. At this time the council-took up consideration of adopting an ordinance amending the zoning ordinance allowing homes in'the R-3 zone to set a lesser square footage requirement than presently exists. The mayor recog- nized Ken Carlson of Northland Mortgage Ccunpany'who introduced. Gary Solmonson who reported on a market survey his firm did for Northland Mortgage in this area. Mr. Solmonson summarized his presentation by asking the council to .consider allowing the ostracized single family homes in the R-2 .zone as well as the R-3 zone, and.~alowing the percentage of ostracized homes to be higher than 250. e Councilmembers indicated that this was a'step-toward seeing haw the lesser size homes would respond to the ;market .place and contribute to the growth and vitality of the .:city of .Lakeville. 81.372 Motion. was made by Zaun, seconded by Spande to-adopt. Ordinance No. 190 :amending the zoning ordinance, 'Section 28.4. Roll call was taken on the motion. Ayes,;Zaun,, Sindt, Nelson, Spande &Lekson.. 81.373 Motion was made by,Spande, seconded by Zaun to adopt Ordinance No. 191 amending the City sign ordinance No. 176 as,t'pertains to home occupations in certain 'areas of the city.' Ro11 call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. 81.374 Motion was made by Spande, seconded by Sndt tca-adopt Ordinance No. 192. amending the zoning ordinance No. 167 as"`t pertains. to signs 'for home. occupations. Roll call-was taken on the motion. Ayes,'Nelson, Spande, Lelsson,;Zaun & Sindt. -3- . • • CITY OF LAKEVILLE COUNCIL MEETING August. 3, 1981 At this time thee: public hearing on the,_proposedause of federal revenue sharing funds of 1982 was opened by the mayor. Time: 9:35 p.m.` The mayor asked if there was anyone: present wshirg-to speak on the proposed use. There was no_one present wishing to speak`: 81.375 Motion was. made: by Zaun',-seconded by NE1son o close the.: public hearing an the use of-federal revenue sharng.,:.funds of 1982. Roll call was taken. on the motion. Ades, Spande, Lekson, Zaun Sindt & Nelson." At this time Councilman Spande stated that he .wished. to provide to thee. City Counci]: of Lakeville a deed for approximately l0 acres of land from Mr.` Luverne Loken and Mr. Orest Spande located at the northwest corner of 162nd Street and Jamaica Avenue. He indicated that'appraximately six acres out of the l0 acres is good developable land and was being considered as Oak Shores 10th Addition plat. Mr. Spande indicated that he hoped the land would ,be usedfor'park and-recreational .purposes by the City. He indicated that the land was. being made available to the .City at acost of $1. 81.376 Motion was made by Zaun, seconded by Sndt to accept-the donation of land to the City o'f Lakeville from Mr. Luverne Loken and Mr. Orest Spande for a token payment of $l, said land being approximately 10 ..acres in size located at the northwest ..corner of 162nd Street and Jamaica Avenue. Roll call. was. taken on the motion.; Ayes, Lekson, Zaun, Sindt, Nelson. & Spande. 81.377 Motion was made by Zaun, seconded by Spande to receive the letter of resig- nation from Jeff Kennedy on the Rark and Recreation Committee and commend Mr. Kennedy for his service to the 'City.. Ralf call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Spande &Lekson. The City Administrator .pointed out that there .were vacancies only ~ the- Youth Advisory ..Board and Park & Rec Committee at this time. The council' directed that the one applicant for the Youth Advisory; Board be invited to the August 17th meeting for a brief interview.. 81.378 Motion was .made by Zaun, seconded by Nelson to approve the filing of two grant applications to the Minnesota DNR for snowmobile and skitrail maintenance funds for the 1981-82 season. Roll call. was taken on the motion. 7~ye~•,:_Sindt:,.:Nels~sn;.:Spande,;:Lekson Zaun. 81.379 Motion was-made by Nelson, seconded. by Lekson 'to receive the bids for the purchase of seal coating materials and award. the bid to-the Koch Refineries: as the low bid.`.,' Roll call was taken_on the motion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt., The City Administrator reported that a letter of credit had been received from the First Lakeville State Bank far•the developers of The-Meadows 2nd Addition, .and 'that the ..developers had to sign adevelopment agreement so that-the council could now move ahead to authorize execution of theeeon- struction contract with Sandmark Construction for:secand addition improvements by the. City. 81:380 'Motion was made by Spande, seconded. by Sindt<to authorize-the mayor and clerk>to execute the construction contract with Sandmark Construction for The Meadows. 2nd cddton. Roll call.was'taken on the motion. Ayes, Spande, Lekson, Zaun, 5ndt & Nelson. 81.381 Motion was made by Zaun, seconded by,Nelson to receive the Eire Department' `secon.d quarter report. Roll call was taken on the motion. "Ayes, Lekson,'Zaun, Sindt, Nelson & Spande. ,s ~ • CITY OF LAKEVILLE'COUNCIL MEETING August 3, 1981 81.382 .Motion was made by Zaun, aeconded~by Nelson to receive the.Fre Relief -Association report fore 1982. and the requirements fore funding the Relief Association benefits. Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Spande & Lekson. At this time Mayor Lekson read a proposed resolution giving the City Council's comments on the proposed redistricting of the Dakota County Commissioner Districts. 81.383 Motion was made by Zaun, seconded by Sindt to adopt Resolution No. 81-52 providing the City of Lakeville- City Council position on the proposed Dakota County Redistricting for'commssioner districts. Roll gall was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. .81.384 Motion was made by Spande, seconded by Nelson to approve change order No. 2 with Henning Nelson Construction Company on the new fire station deducting $3,291 from the contract on the carpetingand sgn..forthe new fire station. Roll call was .taken on he motion. Ayes, Nelson, Spande, Lekson, Zaun &,Sindt. At this time Mr. Dave Aedlefsen appeared before the council to complain about the garbage and parking problems. at the townhouses located on 20$th Street near`hs property. He requested the. City Council look into the - possible violation of City ordnance concerning.proper garbage storage and pick-up, The City Attorney. reported that some_of -the items addressed from Mr. Aedlefsen oould possibly be taken care of under. City law, but that some concerning parking. of tenants and backing onto> his..property may require private action.' At this time Mr. Kay Andrews from the Wilder Foundation appeared before. the council and .spoke.. on the problems of child abuse and other social needs in Countryview Mobile Home Park and stated that. a grant application was being proposed to send to the .State. of Minnesota for funds to set up a community. assistance program within. the park. She requested the City Council support for. the filing of the application, and anv other support. the City. could. give. 81.385 Motion was made by.-Zaun, seconded by Sindt to authorize a letter of support on behalf of the Wilder Foundation for ,the grant app icaton. Roll call was taken on the .motion, 'Ayes,:'Spande, Lekson, Zaun, Sindt & Nelson.. At this. time Mr:, Jack Lathrop and Mr: Jack. Lankas`thanked the City ,Council for their patience and`support in bringing :The Meadows. 2nd Addition to ..the development stage. At this time Councilman Nelson-left the council .meeting to go to work.' Time: 10:16 p.m. $1.386 Motion was`made by Spande,..secondedby Sindt to receive he audit of the' City ,financial .records for`the fiscal year of'.1980 from George M. Hanson Company. RoI1 call was taken on the motion. Ayes, Lekson', Zaun, Sindt, & Spande. .Nays, .none. 81.387 Motion was made by Lekson, seconded by Sndt to approve the payment in the amount of $90 for attendance by Clint Anderson at the 16th: Annixal:~Crimial Justice Course in Bloomington. Roll call was taken on .the motion. Ayes; Zaun,, Sindt, Spande and Lekson. .'81...388 Motion was made by Lekson, seconded by Zaun to approve the payment in-the amount of $1,.48.5 to the Carpet ,Gallery for the carbet being installed at the relocated City Hall. -5- • ~ • CITY OF LAKEVILLE COUNCIL MEETING August ,3, 1981 Roll call was `taken on the motion. Ayes, Sindt, Spande, Lekson and Zaun. 81.389 Motion .was made by Spande, seconded by Sindt to approve an amendment to' the 3ease with'J ~ ~ Holding Company ,for the City Ha11 office..buildng as recommended`by the City insurance-;agent and City Attorney. Ro11 call was. taken on the motion: Ayes, Spande, Lekson, Zaunand Sndt. At this time Councilman Spande read a letter announcing his resignation from the Lakeville. City Council, effective August. l8, 1981. Mr. Spande explained that`he would be moving to the state of,Florida with. his family 'and going into business there. He expressed his appreciation to the .other members of the City Council for working with him during the past three years and eight months and to the citizens of Lakeville for allowing, him to serve the city. fore almost 11 years. 81.390 Motion was made by Zaun, seconded by Lekson to accept the resignation of Geraad Spande from he City Council effective August 18, 1981 'with regret. .Roll .call was taken on the motion. Ayes, Lekson, Zaun, Sindt and Spande. 81.391 Motion was made>by Zaun, seconded b~ Lekson to adjourn the council meeting. Ro11 call was taken. on the motion. Ayes, Spande, Lekson, Zaun and Sindt. Time: 10:29 p.m. Respectfullysubmtted, Patrick E. McGarvey, Gity C k Gordon T.ekson, Ma r -6-