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HomeMy WebLinkAbout05-17-82 c • y .i CL',I'Y OF LAKEVILLE COUNCIL MEETING May 17, 1982 The meeting was called to order by .Mayor Jensen at 7:30 p.m. 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; Keith Nelson, City Engineer; James Robinette, Public Works Director; Patrick: Mc Garvey, City Administrator/Clerk. 82:206 Motion was made by Zaun, seconded by Sindt to approve the minutes of the` May 3, 1982 council meeting with one correction on page 2, adding the words, "for 'parcels over 10 acres in size", in ~.he fifth paragraph. Roll call was taken on the motion.. Ayes, Nelson, Jensen, Zaun, Sindt & Enright. 82,207 Motion was'made by Zaun, seconded by Nelson to approve the claims for payment as presented. Ro11 call was taken on .the motion. Ayes,..Jensen,,Zaun,..Sindt, Enrigth, Nelson. Staff. reports: The City Attorney recommended approval of three easement agreements. 82,208 Motion was made by Zaun, seconded by Nelson to approve the easement agreements with fiance J. 'Johnson and Mary Mckee-Johnson in the amount of $100; BC&J, Inc. in the amount of $100; and Margaret Mary Barrett in -.the amount of $400 and authorize the mayor and clerk to execute .the easements. Roll call was taken on thee: motion. Ayes,....Zaun, Sndt, Enright, Nelson., .Jensen. 82,209 Motion was made 'by ,Nelson, seconded by Sndt to receive the minutes... of the advisory. committee. meetings. Roll call was taken'on the"motion.` Ayes, Sindt; Enright, Nelson, Jensen, Zaun.. At_this time Mayor Jensen called upon .the City. administrator to explain the recommendation".from the Planning Commission concerning the ,proposed rezoning of three areas located south of 210th Street and west of I-35 in the ctg of Lakeville. The administrator explained that area one was eproposed to be rezoned from R-4 to R-l, located on the'south side of` 210th Street; area two was proposed to be rezoned from"I-1 to R-l, located onthe'west side of I-35. and area three would remove the 2nterstate•COrridor District :along the. west side of I-35 from'the B-4-zone"property south to the city limits. The council. and staff discussed the recommendations. Mr. Tony Hack stated that_he wanted the zoning to remain as it is on his property. Ms. Diane Sjoberg stated that she is in favor of the proposedxezoning o R-1, as she fe~.t the .area `is rural in character and should remain so. Mr. Patrick Harvey and Mr. Steve crohoski from .the Planning. Commission were. .present and explained some of the reasoning the Planning Commission used in making their recommendation. 82.210 Motion was made by'Enright, seconded. by Sindt to adopt 'an ordinance rezoning. the three areas from R-4, z-1,`and ICD all into R-1. Roll call was taken on the motion, Ayes, Enright, Nelson.& Sindt. Nays, Jensen & Zaun. The ordinance was failed to be adopted,, because it takes a 4/5 vote of the City Council. for a zoning ordinance approval. The. council discussed the matter further, and Mayor Jensen proposed adopting recommendations-from the Planning Commission for areas one and two but .leaving the Interstate Corridor District in tact on the west side of I-35 so as to be an indication of what the future may entail in that area of the city for future property owners. -1- CITY OF LAKEV2ZLE COUNCIL MEETING ' :May 17, ,1982 $2.211 Motion was made by Jensen, seconded ,by Zaun to'rezone areas one and two .from R-4 and 3-1 to R-1 by adopting Ordinance PTO. 202. Roll ca11 was taken on the motion. Ayes, Enright, Nelson, ,Tensen, Zaun, Sindt. At this time, the City Council took up consideration of the application of Terry:.Eyton to rezone Lot 1, Block 3 in Airlake Industrial :Park 2nd Addition from I-1 to I-2 for the puxpose of operating an auto body repair machine -shop repair business.: Mr. Eyton was present and statedthat'there would. be outside stor~.ge, but that. he would agree to fence it in and screen the outside storage. 82.212 Motion was made`by`Zaun, seconded by Nelsen to adopt Ordinance No. 203 rezoning Lot 1, .Block 3, Airlake Industrial Park 2nd Addition from I-1 ,to I-2, subject to the property owner putting in satisfactory screening. Ro11 ca11 was taken_on the.motian. Ayes, Nelson, Jensen, Zaun, Sndt, Enright. At this time Mr. James Siegle appeared before the City Council concerning his request for a Planned Unit Development conditional use permit. to a11ow a residence. anti auto body repair busnesson a three acre parcel of property "located at.20432 Hamburg Avenue. Mr. Siegle presented a plan of the area and an outline of how he would wish to conduct his business. The City attorney explained that the hearing as it was originally called was not legally .appropriate for the two 'activities that Mr. Siegle is seeking approval for-on this property. The City Administrator explained that Mr. Siegle's request involves '.a three acre parcel of property, and the current city minimum requirement in an unsewered area is for 10 acres. The administrator explainedthat a public hearing has been called before the Planning Commission on June 3rd to consider an amendment to the ordinance a lowing parcels ;to be sold off .from larger parcels a house which wa. in existence :prior to-November 7, -1977, the date of the 10 acre ordinance. The City .attorney presented a draft`of a proposed amendment to the home occupation ordinance. that would`allota auto body repair 'businesses as a :especial home occupation under certain requirements. The City Administratar recommended that. the council authorize a public .hearing to be called ;on this proposed amendment so_that>it could be on the same agenda as the proposed change 'in the 10 .acre requirement for existing .homesteads. ; 82.213 - .Motion was made by Zaun, seconded by Jensen to authorize. apublic-hearing on an amendment to Ordinance No. 167, section 10.4, and set :the hearing for June 3, 1982 in front of the Planning Commission. Ro11 call was taken on the''motian. Ayes, Jensen, Zaun, Sindt, Enright, Nelson. 82.214 Motion was made by Sindt, seconded by Enright to deny the application-of James.Siegle for the .planned unit development conditional use permit as applied for. Roll ca11 was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson, Jensen. The City Administrator advised `the council that Mr. Sternberg had called and asked that the ,consideration of their request for utilities .along County Road. 44 be tabled to June ..7th,<as they had notehad time to get costestimates from a contractor. 82.215 Motion was made=by Nelson; seconded by Zaun to table the matter to the June 7, 1982 council meeting as ger Mr. Sternberg's request. Roll call was taken on the motion.. Ayes,`Sindt, Enright, Nelson, Jensen, Zaun. -2- i • CIT'Y'. OF LAKEVILLE COUNCIL MEETING Ma_y 17 , 1982 T'he City .Council took. up consideration of adopting. an ordinance more specifically defining the City's policy on the assessment of the area storm sewer charges in new plats or replats af`.property 82.216 Moton'was made by Zaun,"seconded by Sindt to adopt.Resalutian No. 82-35 setting City .policy on the assessment of area storm sewer .charges in new :plats-or replats of property. Roll call was taken an the motion. Ayes, Enright, Nelson, Jensen, Zaun, Sindt. T'he City Administrator presented. the final draft of the development agreement -with the 35-50 Development Corporation far the Argonne Park plat. He explained that`the final plat was not ready due to a boundary legal discrep_- ancy that must go through the courts to resolve developing-about a three foot strip of property. It was recommended the council. approve the develop- ment agreement so that the improvements to the plat could be initiated by the developer with the final plat to be forthcoming once the. court settles the boundary .matter. It was. pointed out that the contract allows 10 years for the. payment of the storm sewer charge. in accordance with the .new city policy, and that. the requirement for escrowing funds for this property share of a future railroad crossing signalizaton was changed to- state that this property will be responsible fora future assessment of its share of a railroad crossing installation. 82.217 Motion was made by Zaun, seconded by Sindt to .approve the development agreement with the 35-50 Development Corporation for the Argonne Park plat and authorize the. mayor and city olerk to execute the.,.agreement. Roll call was taken. on the motion. Ayes, :Nelson, Jensen, .Zaun, Sindt, Enright. 82.218 Motion was. made by Zaun, seconded by Nelson to adopt a report on establishing five precincts in the city of Lakeville as recommended by the city clerk and deputy city. clerk, with the polling places as follow: :Precinct 2 to be at Fire .Station No. 1, Precinct 3 at~the Orchard Lake Elementary School, Precinct 4 at the Parkview Elementary School, Precinct 5 ~a the. Fire: Station No. 2, and Precinct 1-possibly at the Lakeville SchooS. District Administration building or Middle. School building. Roll call was taken on the motion. Ayes,`Jensen, Zaun, Sindt, Enright, `Nelson. Mr. Nelson of'C.E.D.-presented the bids received on the Project 81-12 project, Kodiak_Avenue, 72nd Street and 175th Street utilities and street improvement. He recommended the contract be awarded to Richard Knutson Construction of Burnsville in the amount of $:372,564 as the low bidder, subject to "the ;Metro- politan Council's approval of our city's comprehensive plan amendment to put this area within the 1990 urban service area. 82.219 Motion .was made by Zaun, seconded by Nelson to adapt Resolution No. 82-36 awarding the contract to Richard Knutson Construction in the-amount of $372,564 subject to the Gity receiving approval from the Metropolitan Council- for the area'served by this sewer project being placed within the 1990 urban service area of the city. Roll call was' taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson, Jensen. 82.220 Motion was made by Zaun, seconded by Nelson to adopt'Resolution No g2-37 awarding ,the contract to Alexander Construction Company for Project-81-3 .and. 81-8 in the amount of $211,008.95, being a part of 185th Street and Ipava Avenue. Roll calk was taken on the motion. Ayes, Sindt, Enright, Nelson,. Jensen,..Zaun. 82.221 Mo~.ion was made by Sndt, seconded by Enright to appoint Gerald Crenz to the Park and Recreation Committee for a term which will expire on on January, 1, 1983. Roll call was taken on the motion. Ayes, Enright, Nelson, Jensen, Zaun, Sindt. -3- • - • CITY OF LAKEVIL~,E COUNC3L MEETING May 17, 1982.. 82.222 Motion was: made by Nelson, seconded by Enright to approve an 'abatement on Parcel #22-.11500-070-19 in the city of Lakeville from $12,823.00 to` $10,786.00 as recommended 'by the Dakota County Assessors.:O_ffice. Roll call was taken on the<motion. Ayes, .Nelson, Jensen, Zaun, Sndt, Enright. 82.223 Motion was made by Zaun, seconded by Nelson to approve a revised grant agree- menu with Dakota County for reimbursement to the City fore establishing a 911 Emergency Telephone Service installation in Lakeville and authorize the mayor and clerk to execute'it. Roll. call was taken on the motion. Ayes, Jensen,. Zaun, Sndt,'Enright, Nelson. At this time the City Administrator reviewed-with the council the revised draft of the potential agreement with Richard Ungar and Charles VanderWal concerning .the. installation of sanitary sewex and water to serve their property on the east side of I-35 north of County Road 70. A letter received from Mr. VanderWal indicating their interest in being responsible .for as essments that would. be ordinarily made to other benefited :properties in the area was discussed, The City Administrator also stated that the City's bond consultant, Mr. Robert Pulscher, had indicated that the developers may have the option to issue industrial revenue bonds not .only for their own facility but for the costs of the lateral improvements and. pay for them in that manner. 1f this w'eredone, then an agreement-with the City would only be necessary for the reimbursement of them if and when'the other properties that could use this utility system actually use it and the City collected additional assessments or connection charges. It .was pointed out that the use of industrial revenue bonds in this manner would eliminate the need'for a letter of credit to back up city assessments, and that .the interest rates might actually be more favorable under the industrial. revenue bonds than the cost of the City's ':general obligation bonds plus the cost of a letter of credit.. The consensus of the. council was that the latter approach should be'pursued with these gentlemen, and that the council would only look favorably upon extending the utilities into this area of the city if this .developer or .others who are interested are willing to guarantee ..the lateral assessments or if it can be worked out `under the industrial revenue band method.- 82.224 Motion was made by Zaun, seconded by Sindt to approve a lease with Mike and Carol McCoy for the_use of the Antlers Park concession building from the City of Lakeville for. the summer gf-1982. Ro11 call was taken on the motion. Ayes,' Zaun, Sndt, Enright, Nelson, Jensen. The City attorney .recommended that the council approve he vacation. of the streets in the Orchard Lake Estates without any other conditions attached because of-the legal necessities of handling the street :vacation prior"to other actians'n approving the preliminary plat and .development agreement for this new subdivision near Kodiak'Avenue. 82.225 Motion was made by Sndt, seconded by Enright to approve the'bacaton of_ the-streets in the Club Park Addn. No.1 by adopting Resolution, No. 82-38. Roll call was taken on the motion. Ayes, Sindt, Enright,'°Nelson, ,Tensen, Zaun. 82.226 Motion was .made by Zaun, sect~nded by'Nelson to adopt Resolution No. 82-39 abating an assessment on lot 8; block 1,<Dakota Heights 4th Addition and authorizing a refund of .$53.60 to tine current property owner based on the County Auditor's records, Roll call was taken on the motion. Ayes, Enright,.Nelson, Jensen, Zaun, Sndt. -4- $ i CI"I'Y 0~' LAKEVILLE CbUNCIL MEExINC May 17, 1982 82.227 '-Motion was made by Zaun, seconded by Sindt to authorize C.E.D. to prepare a preliminary engineering report on improving .Jacquard avenue from County Road 64 to the north end of improvement project 82-2 on Jacquard for an amount not to exceed $500. Roll call was-taken on the motion. Ayes, Nelson, Jensen, Zaun, Sindt, Enright. I'he meeting was adjourned at 10:02 p,m, by Mayor Jensen. Respectful~.y.submitted, ~ ' ~ atrick E McGa ve City"Cler .r'' -Robert Jens Mayor: -5~