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08-16-82
CITY OE TAKEVIZLE COUNCIZ MEETING August 16, 1982 The meeting was called to order at 7:00 n.m. by Mayor Jensen.. The pledge of allegiance to the flag was given. Roll call was taken: Present:- Councilmembers Nelson, Zaun, Sindt, Enright and Mayer Jensen. Alsa present: Roger Knutson, City Attorney; Keith Nelson, City Engineer; Jim Robinette, Public works Director; Patrick McGarvey, City Administrator/Clerk. Staff Announcements: The Ctv Attornev advised the council that the ~ti.nnesota Pollution Control Agency hearing examiner will conduct a hearing on August 24, 1982 at :thee P.C.A, headquarters concerning the sludge ash siting issue. The City Attorney was advised by the council to have lec;al representation at the `meetncr for the City. The Citg Engineer recommended approval of Change Order No. l on Project £i2-1 wi h Enebak Construction. 82.353 Pdotion was made by Zaun, seconded by Nelson to approve Change Order No. 1 an project 82-]. with Enebak Construction Company.. `Roll call was taken on the motion. Aves, Nelson, ~Tensen, Zaun, Sndt, Enright. -The. City Administrator presented the council with two petitions..from pranerty owners clang Kirben Avenue., one requesting the City to install city utilt~.es: and the other opposing it. 82.354 Motion ws.s made by Zaun, seconded by Nelson:. to receive. the two petitions. Roll call was taken an the motion. Ayes, Jensen, Zaun, Sindt, Enright, Nelson. The counci discussed the two petitions and decided to have them placed on the Seatember 7th. council agenda for further discussion with the parties involved. Citizen Comments: Councilman Zaun raised questions concerning the responsibility for trimming trees on City boulevards, especially in the Valley Park area. Councilmember Sindt advised the council of the problem of trucks narking on the west side of Pilot Knobb Road near the entrance to Country ~~iew Mobile Home-Park and the traffic hazzard involved. 82.355 Motion was made by Sindt, seconded by Nelson to rerxuest the. Dakota County ~3oard of Commissioners: to post a "No Parking".zone clang Pilot Knobb Road on the west side near the entrance to Country View Mobile Home Park. Ro11 call was: taken on the motion. Ayes, Zaun, Sindt, Enright, 1Velson, Jensen. At this time the council took up consideration of the consent agenda. Item 4d on the agenda was removed at the request of Councilmember Sindt. for later discussion. 82.356 Motion was made by Enright, seconded by Sindt to approve the consent agenda as amended. Rr~ll ca7.l was taken on the motion. Ayes, Sindt, Enright, Nelson, Jensen, Zaun.. 82.357 Motion was-made by Sindt, seconded by Nelson to adopt Resolution No. 82-56 approving the plans and specifications and settincx the bid. date ..far the :..road improvement in the,Acorn Heights addition. Ro11 call was talon on the motion'. Ayes, Enright, Nelson, Jensen, 7aun, Sndt. -1_ ` • • • CITY OF LAKEVILLE COUNCIL MEETING " August l6, 1,982 At this time, Mrs. Kathy Jacobson addressed ''the City Council and rectuested that the, council designate, September 9th as a special citizen day. in Lakeville for a person to be named by ;the: chamber. 82.358 Motion was made by Zaun,`seconded by Nelson to adopt Resolution No. 82-58 designating September 9, 1982.. as Leonard Gephart Day in Lakeville. Roll call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. 82.359 Motion. was made. by Enright, secanded,by Zaun to adopt Resolution No. 82-5~ relating to the issuance of $3 million industrial development revenue note and authorize-the issuance thereof .for G.T.C., Inc. Roll call was taken on the motion. Ayes, Jensen,'zaun, Sindt, Enright, Nelson. At this time, Mx, Dale Wi11ey, representing George Branton, ~iresented the preliminary plat for. the Lake Vale Townhouse project consisting of '52 dwelling units..,. Mr. Willey revieWecl-the t~lat, the recommendations of the Planning Commission for .the planned unit development conditional use permit,' and variances. The council and staff discussed the need for pedestrian access on the oublc street in the plat into the City park to the east of the plat'. nqr Willey indicated that access would be provided by the developer: 82.360 Motion was: made by'Zaun, seconded by Sindt to approve the preliminary plat subject to the _public access to the park being provided by the developer to the City. Roll call was taken on the: motion.. Ayes ,.Zaun Sindt, Enright, Nelson, Jensen. 82.361 .Motion was made by Zaun, seconded by Enright to approve ~ planned unit development conditional use permit for the Lake Vale plat, including variances:. as recommended bar thee: Planning Comtni:ssion aY~d consultant. Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson, Jensen, 7aun. 82..362 Motion was: made: by.Enright, seconded by Sndt to approve a;variancein the length_'o.f. the cul~de-sac in the'Lake.Vale plat due to the,unc~ue configuration of thepraperty and the unavailabil.t~T of any other access into the property from public streets nearby: Roll call was taken on the'moton. 7ayes Enrclht, Nelson, Jensen., Zaun, Sindt. 82.;363 Motion was made by'Zaun, seconded by Nelson to authorize .:Consulting. Engineers :Diversified to do an engineering feasibility report on the public improvements for the Lake Vale plat.. Roll call was. taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt,'Enright. 82.364 Motion was made by Zaun, seconded by Nelson to approve a conditional use permit for Stanley I. Harris to add garage space providing over 1,000 square feet of combined garage 'space at 18800 Orchard Trail,stzbject to no home occupation use of the garages. Roll call was- taken on the motion. Ayes, Jensen, zaun, Sindt;, Essright, Nelson. At this time, Mr. LeRoy Udstrand presented his requestfor a variance in the sdeyard setback. to build "an,addition to his garage at 16225 Gladiola Avenue West, 82.365 After. discussion, a motion was made by Zaun, seconded by Nelson to deny the request far a variance as recommended by the Planning Commiss~:on. Roll... call Baas taken on the motion. Ayes,;;7aug, Enright, Nel on. Nays, Sindt, Jensen:. . -2- • • • CITY OF LAKEVILLE COUNCIL MEETING August 16, 1982 82.366 Motion was made by Zaun, seconded by Nelson to approve an amendment to the Lakeville Comprehensive Plan, Policy Plan Development Framework, as it relates to 'the 1990 I7rban Service Area for sewer service to provide for service to property on the north and south side of 175th Street (roan the city park to Judicial Load. Ro11 call was taken on the motion. Ayes, Sindt, Enright,'Nelson, Jensen, Zaun. 82.367 Motion was made by Sindt, seconded by Enright to adopt Ordinance: No. 208 amending the zoning ordinance i~o. 167 concerning setback requirements in mobile home park Lots. Roll call was taken>on the m©tori.':.,Ayes Enright, .Nelson, Jensen, Zaun, Sindt. At this time, Mayor Jensen opened the public hearing on the proposed extension of sanitary sewer along County Road 44 east of 168th Street. The City Clerk attested to the legal notice. Mr. Keith Nelson presented slides showing the estimated cost of each unit lot assessment in the project at $14,605: Mr, Walter Sternberg questioned previous assessments on the property involved, the costs for the utility services under County Road 44 fore. the water and the estimated high cost of the project. Mr. Shoenike, owner of lots land 2, spoke in opposition to the project due to the high cost of the improvements in comparison to what he felt the value of the property s< ~Ie stated that he wanted to eliminate lots 1.and.2, which. he owns, from the project. Mr. Nelson indicated that if lots 1 and 2 were elin?a:nated from the project, the unit cost for the remaining property owners would be $;15,70.0 rather than $14,60.5. The City Administrator indicated that the annual principal. payment would.. be $730 based on the $14,605 estimated project assessment per unit; and with. an estimated interest rate of 130 on the unpaid principal each year, the first year`s interest payment would be $3,::104 fora 15 month period. bue to the above average cost to these lots, as they are involving property and improvements on only one side of a street, the council felt an appraisal of the property is necessary to see if_-the project costs may exceed the. value being added to the'praperty if improved. 82.368 Motion was made by Jensen, seconded kiy Zaun to continue the public hearing to September 7, 1982 council meeting and to authorize the City Attorney to get a professional appraisal on the property involved if improved. Roll call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. 82.369 Motion wa,s made by Zaun, seconded by Nelson to approve the final. payment to Kenning Nelson Construction Company on the fire station"in the amount of $11,438.92, subject to the construction company giving the City all the required lien wavers and release of surety company on<-the project. Roll call was taken; on the motion. Ayes, Jensen, Zaun, Sindt, Enright, Nelson. 82.370 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 82=59 awarding the.: contract on Project 82-3 to. Richard Knutson,' Tnc. in 'the amount of $187.,298.20. Roll call .was taken on the motion. Ayes, Zaun, Sndt,_Enright, Nelsorx~, Jensen. I I -3- ` ~ • • CITY OF LAKEVILLE CbUNCIL MEETING August 16, 1982 The City Council discussed the preliminary engineering report on extending utilities and constructing Jamaica Avenue from teak Shore Drive to 161st Street and to 162nd Street. The City. Administrator pointed out that the. petitioners had requested the imprt~vement only to 161st Street, but the staff had put into the report the cost of going all the way to 162nd Street, because the system will need to be extended there for future service needs in the area, He also painted out that the City would be involved if extended to 162nd Street., and that the City cou~.d possibly subdivide all three fats on the west side of Jamaica Avenue and sell them to cover the cost of_ the assessments to the City property and use the proceeds above the assessment costs to improve the park property `nearby. 82.371 Motion was made by Zaun, seconded by Nelson to receive the engineering feasibility report and set a public hearing for September 7, 1982 on the proposed project of extending utilities and improving the street on Jamaica.Avenue from bak Shore Drive to 162nd Street..' Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson, Jensen, Zaun. 82.372 Motion was .made by Zaun, seconded by Sindt to set the grand opening and dedication for the new fire station for August 28, 1982 at 1 to 4 p,m. Roll call was taken on the mc~tan. Aves, Enright, Nelson, Jensen, Zaun,;,Sindt. At this time, Mr, Rep Zak as~d his attorney addressed. the City Council concerning their lawsuit against the City concerning the zoning and use of Mr, Zak's property on the west side of I=35. The City Council took na action regarding the. matter. 82.373 Matian was made by Zaun,-seconded by Sindt to approve the list af..'electon judges for the September l4 1982 primary election and'posi~ions. Ro11 call was taken on the matior~, Ayes,.Nelson, Jensen, zaun, Sindt,-Enright. 82.374 Motion was made by Nelson, seconded by Zaun to receive a petition from property owners along Judicial Road requesting that Judicial toad be_ paved from Minnreg Raad to County Road 64 and refer it to the City Attorney for legal advice on how to proceed, since the road involves both Credit River Township and.. the City of Lakeville. :Roll. call was taken on the motion. Ayes, Jensen, Zaun, Sndt, Enright, Nelson. The meeting was adjourned at 9:40 p.m, by the mayor. ~2espectfully submit~Ged, Patrick E. McGarvey~ City C1 Robert Jens , Mayor -4- CITY OF LAKEVLLLE AGENDA COUNCIL-MEETING August 16, 1982 7:00 P.M. Call to order. ~1ag pledge. 1. Roll call... - 2. -Staff announcements: ~ i. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent Agenda. a. Approval of the minutes of the. August 2, 19.82 regular council meeting. b. Approval of the claims for payment. c. Receive: the .minutes of the.'following advisory committee meetings: 'Planning, Commission.,, August 5 Natural Resources Committee, August 3 Cable T.V. Board, July 27 Park and. Recreation Committee, August.4 d. Approval of the plans and specifications for the: Acorn. Heights street improvement and set the bid date for September 3, 1982. 5. Lakeville Chamber. of Commerce representative to address the council on designating aspecial citizen day. 6. Adopt a resolution relating. to ~ -'$3.x000;000 industrial .dee'elnpment` .revenue note and authorizing-the issuance thereof pursuant to Minnesota Statutes, Chapter 474, for G.T.C., Inc. 7. Application of George Branton for a preliminary plat and aplanned unit development conditional use permit for a plat located on the south. side. of .Highway 50 (202nd. Street) and east ofthe Bethlehem Evangelical Lutheran-Church, anda variance in .the length of the cul-de-sac. a. Approval of the preliminary. plat. b. Approval of conditional use,, Planned Unit Development permit. 8. Application of-Stanley I. Harris:-for a conditional use permit to build a garage providing over 1,000 square feet. of combined garage space at 18800-Orchard Trail. 9. Application of LeRoy Udstrand`for a variance in the side yard _ setback to build an addition to a garage at 16.225 Gladiola Avenue W. -10. Application of the City of Lakeville for an amendment to the November, .1981, .Comprehensive Plan,'Polib~ Plan Development Framework, as it relates to areas within the 1990; Urban Service Area: 11. Application of-the City of Lakeville for an .amendment to the zoning ordinance No. 167 reducing setback requirements on mobile home lots. ,fin ~ • • CITY COt3NCIZ• AGENDA (Cont. ) August 16 , 1982 12. Pub~.c hearing on the extention of sanitary. sewer and water service. stubs along County Road 44 a distance af_ approximately 1300 feet east of 168th Street. a. Attest to the legal notice... b. Presentation of the project and costs. c. 9uestons and comments. d. Motion to close ar continue the hearing. .e Motion to order ar deny :the project. 13. Final payment to Henning Nelson Construction Company on the fire .station anclacceptance of the project and guarantees. 14. Receive bids and recommendations and adapt a resolution awarding the contract on Project 82-3, 175th Street to Judicial Road. 15. Receive the preliminary engineering report on the extension of sanitary sewer, water and reconstruction of the street on Jamaica Avenue from bak .Share Drive to 161st Street, and as an alternate to 162nd Street, and set a public hearing date on the proposed :improvement. 16. Set the grand opening, dedication of the new fire station for August 28, 1982. 1'7, Dascussian;with Ken Zak regarding lawsuit. 18. Appro~~,the election judges for the September 14, 1982 state primary election. 19. Any other business. 20. Adjourn.