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10-04-82
~ • CITY OF LAKEVSLLE COUNCIL MEETING October. 4, 1982 The- meeting was called to order at 7:00 p.m. by Mayor Jensen. The pledge of allegiance to the flag. was given. Roll call was taken. Present: Councilmembers Nelson, Zaun,_Sindt, Enright and Mayor Jensen. Also, present: Roger Knutson, City Attorney; James Robinette, Public Works Director; Keith Nelson, Consulting City Engineer; Richard Radermacher, Chief of Police; Patrick.McGarvey, City. Administrator/C1erk. Staff announcements:. The City Engineer recommended that the Gty Council accept. the improvements in the Niakwa Village 3rd :.Addition subject to receipt of a maintenance bond for one year.. 82.433. Motion was made by Zaun, seconded by Sindt to accept .the Naikwa Village. 3rd Addition improvements subject to receipt of a maintenance bond for one year effective October 4, 1982. Roll call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sndt, Enright, The City Administrator .advised .the council that he had received a call £rom Barbara Kelly requesting council approval for the city attorney`s office to defend the property owners in their .request to get compensation for access to their property for soil borings on the proposed sludge ash sites in Lakeville. The. administrator stated that an agreement with 'Mrs. Kelly concerning the costs would be proposed as follows. The city attorney's office would represent the City ancl.property owners in this recruest, and the cost would be .billed to the City. .The property. owners would be responsible for reimbursing the City for these legal costs from any payments.- they receive from the Metropolitan Council for.access, to their land: If the payments are greater than the City's legal cost, the property owners. could keep. the. difference. Lf the payments are less than the City's cost, the City would absorb of the costs. Mrs. Kelly was present and said she agreed to these terms. 82.434 Motion was made by Zaun, seconded by Nelson to authorize Grannis,:Grannis, Campbell & Farrell la~nr firm to represent the property owners in their request for compensation for access. to their property, subject to :the following conditions. betweenthe.Cityandproperty owners. Ro11 ca11 was: taken on the .motion. Ayes, Jen en, Zaun, Sindt, Enright, Nelson. ~'he City .Administrator stated that the engineering firm had recammended that the Robert Grimm property; parcel #22-01210-050-33,'be assessed at this time for one unit assessment nn .the Kodiak Avenue, Projects 81-12, project, with the understanding that in the future a second unit. would be assessed if the .property is split into twa parcels. 82.435 Motion was made by Zaun, seconded by Enright to adopt the assessment of one unit on the-Robert Grimm `property as per the recommendation of .the. .city engineer on project 8112 Resolution No 82-7~ta).;: Roll call was ..taken on the motion.. Ayes, Zaun, 5indt, Enright, .Nelson, Jensen.. Citizen Comments; Robert Ke11y asked the council what h.s position is regarding the proposed hazardous waste colle-coon site identified to be' in the Airlake Industrial Park..:. .The mayor explained that the council and staff were aware of the designation, and that the staff would be attending. upcoming. meetings to gain further knowledge on the matter. 82.436 Motion. was made by Zaun, seconded'by Enrg~tt to approve 'Items 4(a}'thru 4(f) on the consent agenda. Roll call. was taken-on the motion. Ayes, Sindt, Enright, Nelson, Jensen, Zaun. At this time :Mayor ..Jensen recognized ~Tr. Richard`FUChes, an architect representing the Wren family, who .presented a proposed plan for remodeling -1- • • • CITY OF LAKEVLLLE COTJNCIL MEETING October 4, 19.82 tYie Wren building on Holyoke Avenue. for use. as a police station and other City office facilities.. Mr. E'uches presented a floor plan of the building as to how it might be remodeled into a-new police station. He explained that the building as drawn contains 7,695 square feet for a police station, 2,000 square feet for senior citizens and 3,500 square feet for, what they identified as, future office needs of the City. He also indicated that the site contained a 44-foot wide by 290-foot long parcel of property on the north side which would provide parking for 25 to 30 cars. ,john and Patrick Wren were present, and they indicated that they would be willing to sell the building as it is to the City of Lakeville for $350,000 on a contract for deed with 20% down and a 9% intereet rate. Mayor Jensen asked what it would take to remodel it into the police station as they shave i.t. Mr. Fuches: indicated he felt the remodeling costs would run $35 to $40 per square foot, not including any site ianprovements. Mr. 4dren indicated that the building was built in 1945 and an addition in 1963. Mr, Fuches and Jahn Wren.indicated they .felt the building, including the purchase price, could be remodeled into a good police station for around $650,000., Cauncilman Zaun asked if this was the .same praposal tY~ey'presented to the citizen committee, and they indicated it was_ Mr. Stan Whitt:ngham of the po~.ice building committee indicated that the committee did hear this presentation and did consider it, Several other members.,of the citizen committee spoke coneernir~g their recommendation for a new police statian at the corner of 202nd Street and !Holyoke Avenue and. why they felt it was advantageous for the City to 1'dcate the facility at that site with..a new building',. Mr. Fuches stated that the estimated remodeling cost they present for the building is based on 7,000 square feet out o_f the 13,.195 square feet in the building at an estimated cost of around $40 per square font, which would serve the pallce station needs, not the entire building. At this. time Mr. Stan Flhittingham introduced Mr. Rbbert Lampert, an architect with the firm of InterDesign, Inc.. of Minneapolis, who they are recommending the council retain for the purpose nf. prnvi:ding schematic drawings.: for the proposed new police facility at the Horner of 202nd and Holyoke. Mr. Lampert addressed the council and indicated that they recently had done-the plans far the new Eden Prairie bake station:, and the cost for that project appeared to be about $70 per square foot... Mrs.. Nta.rianne Curry advised the council o~ the need to take into .account the- traffic congestion at proposed locations. Mr. Patrick. Wren asked haw much. the City has spent on .the 1980 schematic plans for the proposed city hall/police station facility in Aronson Park.. The City administrator indicated the costs for those plans were in excess of $20,000.. He then asked how snuck it would cost for the firm to do the schematic :plans.. on the proposed facility at this time. Mr. Lampert indicated that their fee is based on 70 of an estimated r~roject cost with construction of $l million for a total architect''s fee, if the -project were completed, of $70,000. The schematic plans_under'_their contract would cast 15o of the total fee for an estimated $10,500. The City Council members indicated their feeling was that the City shnul:d proceed to have schematic plans drawn on the proposal as recommended by the citizen committeefor a new police station facility. 82.437 Motion was made by Sindt, seconded by Enright to approve an agreement with Inter Design, Inc. of Minneapolis for architectural services, and authorize.. the mayor and clerk to execute it. -2- _ i • • CLTY OF LAKEVILLE COUNCIL MEETING October 4, 1982 Ro11 call was taken on the motion. Ayes, Enright, Nelson, Jensen, Zaun, Sindt. At this time Mr. Gene Jacobson, representing George Branton, presented the final plat of the Lake-Vale Townhome plat. 82.438 Motion was. made by Zaun, seconded by Nelson to adopt Resolution No, 82-77 approving the final plat of Lake-Vale Townhomes and authorizing the mayor and clerk to execute. the development agreement, and approving the conditional use permit agreement and variances. Ro11 call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. 82.439 Motion was made by Nelson, seconded by Sindt to authorize Consulting Engineers Diversified to prepare plans and specifications for the Phase I 'improvements in the Lake-Vale Townhome plat. Roll call was taken on the motion. Ayes, Jensen, Zaun, Sindt, Enright, Nelson. At this time Mayor Jensen asked the city administrator to .give a background on the Jack Young parcel concerning zoning and rezoning of the property and use of it on the west side of I~35, south of 215th Street and Keokuk Avenue rote-rsection. .The city administrator explained :how the applicant has two billboards. on the property, and he wishes to build a. building on the 1.6 acres.. The property had-.been zoned I-1 and through. a study earlier this year orde-red by the_City Council, the council hacl rezoned the property to R-1. The city attorney had contacted officials at the Minnesota Department of Transportation concerning the l.ikeli~hood of the department .purchasing the billboards on the property under, the ladybird law as the property is now zoned R-l. The attorney also asked if the department would recognize a conditional use permit issued under the I.C.D. zone whereby the City would approve the billboards, The- city attorney had been advised by an official- at M~DOT that they do not recognize conditional use permits for billboards to remaina~.ong an interstate highway system. The city administrator then explained that the council would most likely want to consider whether or not they should start appro~ring billboards. along nterstates in Lakeville to a conditional use under the I,C.D. zone, as it would open up :additional territory along the freeway for possible billboard locations, The consensus, of the counoil was that. they did not wish to see this happen. The administrator then recommended that the council consider calling a hearing. to rezone the property consisting of 1.6 acres from R-1 to either I-1 or some other appropriate commercial zoning classi icaton which would allow,Mr.`YOUng's billboards to remain under M-DO2 rules and provide him the gpportunity to apply for a building permit for his building, subject to it meeting the city conditions:. At this time Mr, Young addressed the City Council and explained his. position on the matter involving .the billboards, building and zoning of_his property, 82.440 After discussion, motion was made by Zaun, seconded by Sindt to direct the-Planning Commission to hold a public hearing for the purpose of con sidering rezoning Mr. Young's. property from R-1 to an appropriate commercial zoning classification and make recommendation to the council on the matter. Ro11 Ca11 was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson, Jensen. At this time the City Council took up consideration of an ordinance which would amend Title 2, Chapter 1, of the City Code concerning the Planning Commission and the ability of the City. Council to a 4/5 vote of the council to call a matter up from the Planning Commission for consideration by the council. Councilmembers Enright, Sindt, and Nelson argued that they did not feel ,the ordinance was necessary at this time. Mayor Jensen indicated he felt -3- K • CITY OF-LAKEVILLE.COUNCIL MEETING October 4, 1982 the City Council had the responsibility to act on some .matters that they felt. .needed to be expedited, as they were the elected officials of the community and had the ultimate. responsibility to the citizens.. C©uncil- man Zaun indicated he felt the ordinance apparently would not be used very often, but that it might be important to have. 82.441 Motion was made by Zaun, seconded by Jensen to adopt the ordinance 'amending Title 2, Chapter , of the City .Cade pertaining bo the Planning Commission as drafted. Roll ca1.l was. taken on the motion. `Ayes, Jensen, Zaun. Nays, Sindt, Enright .and Nelson. ~ , At this time pastor Ra.1ph.T~elta,:'.representing the Minnesota Va11ey'Free Lutheran Church ,'presented their application .for a conditional use permit andvariance to cons ruct a parsonage and church at the southwest. corner of the intersection of Highvew Avenue and 16'Oth Street. He presented the site plan ~:nd explained the. plan to the council members, He explained that the parsonage would not be built until it could be served - by a city water and sanitary sewer system; `82.442 Motion was made by Nelson, seconded, by Sindt to approve a conditional use permit .and variances fore the. Minnesota Valley Free ,Lutheran Church at'the southwest corner of 160th street and Highview Avenue and; approve the conditional use agreement with. the conditions as recommended by the Planning Commission and consultants. Roll call, was taken on the motion.. Ayes, Enright, Nelson, Jensen,. Zaun, 5indt. 82.443' Motion was made lay 5ndt, seconded by`Nelson to adopt Resolution No. 82 78- setting the 1982-83 tax levy for the City of :Lakeville at $1,683,375. Roll call was aken on the motion. Ayes, Jensen, Zaun.,;Sindt Enright, .Nelson. At this time the mayor opened the public ..hearing on the use of the 1983 federal revenue sharing funds, and the clerk attested to the legal notice. There was no one present wishing to speak on the matter.: 82.444 Motion was made by Nelson, seconded by Zaun to approve the use of the 1983 federal revenue sharing funds for public safety operating costs. Ro11 call was taken on the motion. .Ayes., :Jensen, Zaun, Sindt Enright, Nelson. At this time the City Council took:. up consideration of a resolution adopting the 1983 general fund budget. Councilman. Nelson ihdzeated he ::felt `the 'budget should include funds effective the first of the year for a, 20 hour per week secretary for the public works director's office. He indicated, the staff should bring to the council between now 'and the first of the year the information concerning the position and need for it. The city administrator explained. that 'the council. could :appropriate the fund for the position from the contingency fund of the budget now-or at a future date. 82.45 Motion was<made by Sindt, seconded by Nelson to adopt Resolution No. 82-79 .approving and adopting the 1983 general fund budget of the City of Lakeville. ..Roll cal.1-was taken on the motion. .Ayes, Zaun, Sindt, Enright, Nelson, Jensen. 82..446 .Motion was.. made-by Zaun, seconded by Nelson to adopt ReeolutiQn No. 82-80 approving and adopting the 1983 utility fund"budget for the City of Lakeville. Roll call was taken on the motion. Ayes', Sndt, Enright, Nelson, Jensen, Zaun. 82.447 Motion was made by Nelson, seconded by Enright to approve a raffle license for-the Lakeville Optimist Club and. waive the bond requirement. 111 call was taken on the motion. Ayes, Enright, Nelson, Jensen,_ Zaun, Sindt. -4- , • • CITY OF LAKEVIZLE COUNCIb MEETING October 4, 1982 82.448 Motion was made by Sindt, seconded by Nelsen. to approve a raffle lcense_ for the Apple Valley Chamber of Commerce and waive the bond requirement. Roll call was taken an the motion. Ayes, Nelson, Jensen,. Zaun, Sindt, Enright. 82.449 Motion was made by_Nelson, seconded by Zaun to receive the preliminary engineering report on the proposed extension of 185th Street between Highway 50 and I-35 from C.E.D. Roll call was taken on the motion. Ayes, Jensen, Zaun, Sindt, Enright, Nelson. 82.450 Motion was made by Enright, seconded by Nelson to approve change order No. 2-with Richard Knutson, Inc. on Project 81-12 in the amount of $Fi7,217.25 for thepurpase of making improvements on Project 82-7. Roll call was taken on the motion_ Ayes, Zaun, Sindt, Enright, Nelson, Jensen. The meeting was adjourned by the mayor at 9:53 p.m. Respectfully submitted, r°~ Patrick E. McG rve , City Cler 1 Robert Je Mayor -5- .3 s y CITY OF LAKEVTLL~ AGENDA COUNCIL MEETING October 4, 1982 7:00 P.M. ..Call to order. Flag pledge. 1. Roll call. 2. Staff announcements: A. ,Attarney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the- minutes: of the September 20, 1982 .council meeting.. b. Approval of the minutes of the September 30, 1982-special council meeting... c. Approval of the c7.aims for payment. d. Receive the follow~:ng'advisory committee minutes. Planning, Commission, September 30, 1982 Park and Recreation Committee, September 15, 1982 .Cable T.V. Board, September 14,;1982'.... Natural Resources: Committee, September 7, 1982 e: Approval of easement agreements .with Honeywell Country Club,. Inc. f. Approval of a-resolution on the assessment of utility `connection- charges on certain lots a~ per-petitions received_froi~ the property. owners. (:Resolution No, 8276} 5. Presentation by the architects for the Wren building for its use as a police station for the City of Lakeville.` 6. Presentation `by :.the Citizen.Polee Bulding.Ccanmittee ~n their. repoxt-re~ommen~ing a new police station for the Cit~r,csf Lakeville, 7. Consideration of an agreement with the architectural firm of Inter Design, Inc. of Minneapolis for services <for a ~olice_station. 8. Resolution on the final plat approval for the Lake-Vale Townhouse platof.George Branton,located south of .202nd Street and west of Holyoke :Avenue, and approval of the subdivision agreement, variance approval. and conditional use permit. 9. Discussion with Jack Young concerning zoningon aparcel of property. west of I-35 and south of 215th. Street. 10. Consideration of an ordinance :amending Title 2, Chapter 1., of the Lakeville City'Code concerning the Planning Commission. 11. Application of Minnesota ;Valley Free Lutheran Church fora conditional use permit and'a variance'to constructa parsonage and a church building atthe`southwest corner ofthe intersection of Hghview Avenue and 160th. Street;, and approval: of a conditional use agreement. 12. Adoption of a resolution setting the 1983 tax levy for the City of Lakeville. 1 f A4 y i CITY COUNCIL AGENDA October 4, 1982 (.Continued? 13. Public hearing on .the proposed use of 1983 federal revenue sharing funds for the City-of Lakeville. 14. Resolution adopting the 1983 General Fund budget for the City of S~akevi 11e . 15. 1esolution adopting the 1983 Utility Fund budget for the City of I,akevi l le . 16. Application of the Lakeville Optimist Club for a raffle license. 17. Application of the Apple Valle~r Chamber of Commerce fora raffle license. 18. ..Receive. the preliminary engineering report on the proposed extension of 185th.Streetbetween xighway 50 and.I-35. 19. Approve Change Order No. 2 with Richard Knutson, Inc. on Project 8 112 in the amount of $67,217.25 for Project 82--7, ~'amaica Avenue utilities and street improvement. 20. Any other business. 21. Adjourn.