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HomeMy WebLinkAbout06-07-82 • CITY OF LAKEVILLE COUNCIL MEETING ~7une 7 ,1982 The meeting was called to`order-by Mayor Jensen at 7:30 p.m. The pledge of allegiance 'to the flag was given'. Ro11 call was taken. Present: Councilmembers'Nelson, Zaun, Sindt, Enright and Mayor Jensen. Also present: Keith Nelson and Darrell Schneider; Consulting City Engineers; Patrick Farrell, City Attorney James. Robinette, Public Works Director; Patrick McGarvey, City Administrator/Clerk. 82.232 Motion was made by Zaun, seconded by Nelson to approve the minutes of the May"17, 1982 council meeting. Roll call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. 82.23.3 Motion was, made by Sndt, seconded by Enright to approve he minutes of -the May 24, 1982 special council meeting. Rolla call was taken. on the motion..: Ayes,. Jensen:, Zaun,"Sindt, Enright,.. Nelson. 82.234 Motion was made by ,Nelson, seconded_by Sndt to approve a claim in the .amount of $61.20 to the Trophy House for plaques for the AFSstudents at Lakeville High.: School. Rol1`ca11 was taken on the. motion. Ayes, Zaun, 5indt,:.Enright., Nelson, Jensen. 82.235 Motion-was made,°by Zaun, seconded by Nelson to approve the claims for payment. as presented, Ra11 ca11 was taken on the motion. Ayes, Sindt, Enright, Nelson, Jensen, Zaun. S'P~'F -,:REPORTS.. Cit~r Attarne~. Mr. Farrell recommended approvva1 of a claim and easement for the Ze1 a Dahill estate in the amount of '$600 on the 202nd Street -utility project.. 82.236 Motion was made by Zaun, seconded by Nelson to approve a claim in the amount cif $600 and emporary easement to Zella Dahill 'estate. X2011 call was taken on the motion.-: Ayes,: Enright, Nelson, Jensen, Zaun, Sindt.- Mr. Farrell also briefed the council on the status o.f three court vials involving assessment appeals. City Administrator. The administrator indicated the City, had received a .:petition-from .residents in the bak ills addition requesting decorative street lighting be installed.. 82.237 Motion. was made by Zaun, seconded by Sindt to receive the petitiom from residents in the Oak Hills additions and refer it to the public works director for preparation of an installation plan for council approval. Roll cal]. was taken on the moton.° Ayes, Nelson, Jensen, Zaun', Sindt, Enright. At this time Mr. Bill Fedt addressed the `City Council concerning the up- coming .Lakeville Awareness Day... Mr. Feidt.gase the council a report on the purpose of the day and'how the Youth Advisory..-Board had been working on this project .for some time. He indicated the date was' to be July 30, 1982, wi h the event;ao be held at the .:Lakeville Middle School' football field from b p.m. to 10 p.m. He requested the council advance $1;000 to ,.the-Youth Advisory Board for the purpose of fees and expenses associated- with this day. He also indicated that the sale of tickets for the .event should`a11Ow the board to return to the City the`$l,OQO advanced as requested:. 82.238 ....Motion was made.:by_Zaun,.seconded by,Nelsbn to authorize a transfer of $1,000 from. the_cantingency fund to the Xcsuth Advisory Board for the purpose of advancing expenses fora the;Laketirille Awareness Day. -1- • CITY OF:LAKEVILLE COUNCIL MEETING June 7, 1.982 Roll call was taken on the motion: Ayes,..Jensen, Zaun, Sindt, Enright, .Nelson.. The administrator: also indicated. that Mr,'Ja~k Young was present and wished to address the council concerning the recent rezoning of his land on .the west side of 2-35 from I-1 to R-l, Mr. Young addressed the council and indicated ,his displeasure with.-the .recent rezoning due to the fact=that he felt it was'a taking; of his property and would make billboards on the xroperty`elgble`for purchase by the State of Minnesota, as it was no longer industrial or commercial property.: He indicated he did notfeel the notice was proper for-the rezoning, and that he wished to settle the matter `with the City',. Mr. Farrell indicated that..some'of Mr. Young'scontent~.ons concerning legal notice and the taking of property ,were hs~opnon, and that he would-like' he opportunity to review the matter and report to the City, Council.. The council requested the attorney;;to write an opinion on this matter and. have it for the June 21st council .meeting.:.: At this time State Representative Tom Rees addressed the City Council and handed out written information on ,the recent state law involving manu- factured housing. The council discussed the law with Representative Rees.. and indicated the .City would be reviewing the matter further at the League of Cities Convention in Rochester and thereafter. 82.239 Motion was`made by Zaun, seconded by Nelson to receive the minutes of the May 20th. and June 3rd Planning Commission meetings; May 18th Natural Resources Committee meeting; and May 19th: Park"& Rec. Committee meeting. Roll call was taken on the motion. Ayes, Zaun, Sndt, Enright, Nelson, Jensen. Councilmember Enright indicated that the Planning Commission had discussed the lack of compliance on the development of-the Power Center convenience store property at their last meeting. The council directed the staff to have a report on the project for the next council meeting and a letter from Mr. Krause indicating. their plans for completion. :;82..240 Motion was: made by Zaun, seconded`by Sindt to adopt Resolution.Na 82-41 approving the final plat of Orchard Lake Estates-and authorizing the mayor and city clerk to execute. the development .agreement. Roll. call was taken on the motion. Ayes, 5indt, Enright, Nelson, Jensen, Zaun., 82.241 Motion was made by Zaun, seconded. by Enright-to adopt Resolution No. 82-42 approving the final plat of Niakwa tillage 3rd Addition. and authorizing the mayor and city clerk to execute the development. agreement. .Roll call was taken on the motion. .Ayes, Enright, Nelson, Jensen, Zaun, Sndt. At this dime the City Council took up consideration of an ordinance amending the zoning ordinance No. 167, Section 11.12. The city administrator. read an amended copy of the proposed. ordinance. g2, 24.2 Motion was made by Zaun, seconded by Nelson to adopt Ordinance No. 204 amending, the zoning ordinance No. 167, Section. 11.12. Ro11 call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. At this time the City Council took up consideration of an ordinance amending the zoning `ordinance No. 167, Section 10.4, which would set forth. require- meets for a special home occuT~ation for.-the auto body. repair business. Mayor Jensen indicated that the recent application by Mx'. Siegle involving his possible purchase of property owned by his brother Vernon. Jensen was part of the reason. for this. ordinance amendment, but thst he believed .there should be flexibility in the city ordinances. to allow new business to be 'established in areas of the city where it can be compatible with adjacent and surrounding land uses.' He indicated he had discussed -2- ` ~ • ~ • a CITY f3F LAI~EVILLE COUNCII, MEETING June 7,,;1982 the matter with the City attorney, and that; it would not be a conflict of interest for him to vote on'the„matter since he has no financial interest in the transaction. 82.2.4.3 Motion was ,made by Jensen to adopt an 'ordinance amending the zoning ordinance No. 167, Section 10.4,, by°,addng a sectonandrequirements for a special home_occupaton for auto"body repairs business. Motion died for lack of a second. Councilman Zaun stated Ghat while he did not support the current .draft of the ordinance, there may be ome grounds on which he could support such an ordinance but he was not prepared to make a decision at this time. 82.244 Motion was made; by Zaun, seconded by Nelson to table the matter to the June _21,_ 1982 council.-agenda. , Ro11 call was taken on the motion. Ayes, Jensen, Zaun and Nelson. Nays; Sindt and Enright,. The city administratorindcated that he had received a ca11 from a= Repre- sentative from the Lakeville.Communty Center citizens committee. asking that their matter be tabled to the June 21st council meeting. agenda. 82.245 Motion was made by Zaun, seconded by Enright to approve anon-intoxicating malt liquor license. for Gerald J, Bowen,, operator of the Pawer Center convenience store. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright.,. Nelson, Jensen. At this time. Mayor Jensen opened the public hearing on the assessment of lot 3, block 3, Oak Hills 1st Addition for utility .and street. improvements. There was no one present wishing to speak on the matter'. 82.246 Motion was made by Enright, "seconded by Nelson to close the public hearing. Roll ca11'was taken'on he motion. Ayes, Sndt,.Enright,-Nelson, Jensen, Zaun,< 82.24.7 Motion was made by Zaun, seconded by ;Nelson to adopt :Resolution No. 82-43 assessing lot 3, block 3, Oak`H11s lst Addition for utility and street - ' improvements.. Roll call was taken on the`moton. Ayes, Enright,, Nelson, Jensen, Zaun, Sindt'. 82.248 Motion was made by Sndt,:seconded.by Enright to approve change.order No. 3 and approve the fourth and final payment to Wenzel .Plumbing & Heating for taork`on the fire. station No. 1 in the amount of $244.03. Rolla.call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. 82.249 Motion was 'made by Sindt, seconded. by `Nelson to approve a raffle license for the Lakeville .Band Boosters and waive the. bond requirement. Roll call was taken on the motions- Ayes, Jensen, Zaun,.Sindt, Enright, Nelson. 82.250 Motion was made by,Nelson, seconded", by Enright to approve an agreement with the Minnesota. Department of Transportatipn for 'street lighting by adopting Resolution`No. 82-44. Roll call was taken on the motion. Ayes, Zaun, Sndt, Enright, Nelson, Jensen. 82.251 Motion was made. by Zaun,-seconded by Nelson -~o appoint Clarence Sindt, .Warren Walters, Mike Schultz, and Larry Oreschnick to terms on the 'Cable T.V. Advisory Board expiring on January 1, 1984 and Bruce Sandberg and Laverne Nelson to terms~'on,the board expiring on January 1, 1983.. _3_ t~ ~ • CITY OF 'LAKEVI~,Z,E COUNC2L MEETING June 7, 1982.. Roll call was oaken on-..the motion. Ayes, Sndt, Enright`,. Nelson, Jensen, Zaun. 82.252 Motion was made by Zaun, seconded by Nelson to approve the sale of the -five gang reel mowers to the Northfield Golf Club in-the amount of $1300.. Roll call.Ca~s taken on the motion. ..Ayes, Enright, Nelson, Jensen, Zaun, Sindt. 82..25.3 Motion. was made by Sndt, seconded by :Enright to receive. the preliminary report on he improvement of Jacquard Avenue over to .202nd Street and set a'public hearing... for July 6, 1982, at 7:30 p.m, by adopting. Resolution No. 82-45. Ro11 call was taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. At-this time Mr. Keith Nelson presented a letter .dated. June 7, 19$2 on the soil test.taken on Tpava Avenue and 185th Street indicating alternative methods for the construction of the street improvement project. Mr. Nelson recommended a lesser alternative be followed in costs. The consensus of the council was that the project sh©uld proceed ahead using the lesser alternative subject to M-DOT approval. If M-DOT approves that alternative, C.E.D: is-to proceed to complete the engineering plans and specifications for Council approval and the setting of_ a bid taking date. 82.254 Motion was made.. by Zaun, seconded by Nelson to award the contract to McNamara-Vivant Company_in the .amount of $59,883 on; project 82-2 by adopting Resolution No. 82-46. Roll call was taken on the motion. Ayes, Jensen, 'Zaun.~Sindt, Enright, Nelson. 82.255 Motion was made by Nelson, seconded by Sindt to approve-easement agreements . with Mt~argaret-Mary Barrett and Lance Johnson/BC&J, Inc. Roll cal:1. was .taken on the motion. Ayes, Zaun, 5indt, Enright, Nelson, Jensen. The council also received a petition signed by'Dr. Hoagl:und requesting service lines being installed to serve his property near the corner of ,185th Street. and Highway 50 as_a part of ahe street improvement project. Mr. Hoaglund's petition to waive the requirement-for a public hearing to have these improvements added'to the street project so that they will fit the concept plan is presented. for the future development of his property... near his dental office. 82..256 Motion was. made by Sndt, seconded by Nelson to .accept the petition from ' Dr. Hoaglund'for the improvements and authorize the engneer`to ma:lte the improvements as requested. Roll call was taken on the motion', Ayes,:-Si~n,dt, Enright, Nelson,. Jensen, Zaun. The meeting was adjourned at 10:15,p.m.'by'Mayor Jensern. Respectfully submitted, f f" PatrBClc E. McGa vey, Gity`Gl beet Jense ayor -4-