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HomeMy WebLinkAbout02-16-82 • , N`f. • r CITY OF LAKEUILLE COUNCIL R9EETINC February 16,..1982 The meeting ,was called to order by the Acting Mayor, Duane Zaun, at 7:30 p.m: The pledge of .`allegiance to ..the flag was given. Roll-call was taken. Present: Cou,racilmembers Nelson, Zaun, Sindt, and Enright. Absent: Mayor Jensen, Also present: Roger Knutson, City Attorney; Keith Nelson, City Engineer; Patrick McGarvey, City Administrator/Clerk; Jai~nes Robinette, Public taTOrks Director. . 82.55 Motion was. made by Enright, seconded by Sindt to apx~rove the minutes of the January 28, 1982 special counc3. meeting. Ro11 call was taken on the motion. Ayes., Nelson,'7aun, Sindt ~ Enright. 82.66 motion was .made by Nelson,.. seconded by Sisadt to apx~rove the nsinutes of the February-1, 1982 regular council meeting. Roll-call was taken on the motion. Ayes, Zaun, Siradt, Enright, Nelson. 82.67 Motion was made by-Sindt, seconded by Nelson to ax~prove the claims for .payment as presented. Roll cal was taken-on the motion. Ayes, Sindt, Enright, Nelson & Zaun. Staff renorts• City :Attorney. Mr. Knutson stated that he woczld have a report later in the meeting .when the `mayor arrives ~:orteernnq the need for repair or replacement of the .furnace at Liquor Store #2. The City Administrator renamed that a c~etiton had been :received from residents opposed to the 202nd 'Street and Holyoke Avenue intersection prof eet 82.66 Motion was made by Nelson, seconded by sin:~~ to receive :the,netitior. f"rc~m residents involved in the 202x~c' Street .and Iio~.yoke Avenue improvement. project. Roll call was taken 'on the motion. Ayes, Enright, Nelson,,Zaun & 5indt. g2e~,g Motion was made by Sindt, 'seconded by Nelsor~to a~~,noint David Frost to the Natural .Resources Committee for a term expiring on Januar~r l® 1983.. Roll call was taken on the motion. Ages, Nelson, Zaun, Sindt & Enright.` 'the City Administrator requested counc? ar~nr®val for a conditional use 'permit for underground fuel storage for" the Consolidated Freghtway prox~erty in Airlake Industrial. Park as`recorunended by the Planning Commission.' 82.70 Motion wasmade'..by Sndt, seconded by Nelson to an~rove a conditional use hermit for Consolidated Freightways for the irsstallaton of an underground fuel storage tank. Ro11 call was taken on the motion. Ayes,,Zaun, Sindt, Enright & rdelson.'' Councilman Zaun stated that Item #6 on the, agenda zaould be passed over until Mayor Jensen arrived from'-the meeting he was attending to r~articpate` in the discussion and vote on the matter. At this time the Cty.Council'took un consideration of the ordinance creating and awarding a cable'televison franchise in the City of Lakeville to Metro Cable, Ina, Mr. :Frank U7ovtek of Metro Cable, Inc. and Jeff Kennedy, an attorney<for Metro Cable, were present at the meeting. The council reviewed the.man;showng the projected future expansions of the` cable system by Metro Cable beginning in 1982.. Four corrections in the _Z~ ~ • - • CITY OF LAKEVILLE COUNCIL MEETING February 16, 1982 map were identified by the City staff and pointed out to the council and Mr. ~loytek who agreed to .the corrections. Thee-major change-correcting the map was to include the Woodbury Addition for cable .service in 1984 with`t to be`connected;to the trunk system by extending a line along Highvew Asrenue to County Road 4~, with this change in the map to be shown in the color green.'. 82.71 Motion was made by Adelson, seconded bg Enright to adox~t Ordinance No. 199 creating and .awarding a cable television franchise: in the City of Lakeville to Metro Cable, Inc, with the four chances as agreed to on the maxi which is an exhibit to the. ordinance. Roll call. was taken on the motion. Ayes,a Sindt, Enright, Nelson & Zaun. Nays, nono.- Absent,. Jensen. 82.72- _Motion was made by Sindt, seconded by Enright to receive the minutes. of the .Planning Commission, Natural Resource-and Park and Recreation Committee meetings. Rolf.call was taken on the. motion. Ayes, Enright,. Nelson, Zaun & Sindt. At this time the City Council took ub'consideration`of the annlieations of Lakeville Center, Inco for a ?~relminar~~'pl.at known as Central Square,, and the rezoning of the property. involved in the plat, a P.U.D. conditional use :permit to construct a.n eight dwelling unit building and consideration of vacating a platted streetright-of-wayknown e,s U'!~per 208th Street .from Holt Avenue southeasterly to 209th Street'~a. Mr. Glenn ~lota, developer, was present andpiresented•copes of ther~roposed preliminary plat and plans of the :building. At this time Mayor Jensen, arrived and ook his chair.. It was .x~ointedout-by the°'staff that the project was for an ..eight dwelling unt..and eight lot :plan rather than .the 10 indicated on the a*~±~lication, and:that the rezoning is for~the property. involved:with the eight dots onl~~. 82,73 Pdotion was made by Enright, seconded by Sindt to adopt Resolution No. $2-13 vacating a platted street right-of-wa~T known. as Upper 208th Street.E~. from Holt":Avenue southeasterly to 209th'Street. Roll call was taken on the motion. :Ayes, Nelson, Jensen, Zeun, Sindt & Enright. g2, 7c} Motion was. made by_Jensen, seconded by Sindt to adopt Ordinance No. 20.0 rezoning property from B-4, General Business :and Central Business Isistrict-:" Industrial, to R-6, Medium Density Residential. Roll call was taken on the motion. Ayes, ~Tensen, Zaun, Sndt, Enright, Nel on. 82.75 .Motion-was made by Jensen, seconded by Nelson to grant a Planned Unit Development conditional use ,permit for the Central Square x~roject. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson, Jensen. 82..76 'PSotion was made by Enright, seconded by Sindt to approve the t~reliminary .:plat of Central Square as recommended by the Planning Commission for the .eight: lots. Roll call was. taken. on the motion. Ayes.® Sindt,`Enriaht, Nelson, Jensen, Zaun. At this. time the City. Council took un consideration of the ap~?lcation of Ken Zak to rezone his property from R-1 to Planned Unit Development. Mr. Zak and his wife and. their attorney, Mr. Shae, were present at the meeting. Mr. Zak. explained that he owns two parcels of land, and only one parcel has the house Nand Large .garage on it. Mr. Phil Shae, an'attorney, spoke on behalf of Mr. Zak-.and presented a betiton from nearby residents in- dicatng their :support for this request. -2- ~ • ,w CITY OF LAKEVILLE COUNCIL MEETING February 16, 1982 Mr. Shae`stated "The proposed use probably doesn't accord ~~i~hthe best land use theory, but the council has to make a judgment:" The councl- members discussed the history of .the. zoning in that area. and recommendation of the Planning 'Comt!msson on the matter. 82,77 Potion was madebv Zaun, seconded by.J~nsen to receive the petition from l~~~c. Zak. .Roll call:'taas taken on the motion. Ayes., Enrighta Nelson, 3ensen,<;Zaun, Sindt. 82,78 Motion was made by Jensen, seconded by ,Zaun to aonrove the rezoning from R-1 to p.U.D. subject to no outside storage of rex~air vehicles',' Roh call was taken-on the anotion. Ayes, Jensen and Zaun. .Nays, Nelson, Sindt and Enright. Councilman Nelson stated that he voted "no" because the Planning Commission spent slot of time on this issue, and he was in su~anort of the<reasons states in their findings for recommending denial. Councilman Zaun `stated he voted to'sup_nort`the rezoning and took exce~ation to the findings Nos.` 5, 6, 8, 9 and 12 of the Planning Commission. Councilmember Sindt stated she ;voted "nab" because of the concern of the precedent she felt it would set to zone the property as requested in this ..area of the city. Councilmember Enright stated she voted "nay" because she concurs with the findings..of the Planning Commission, At this time Mr. .Mike Gair of Gair& P.ssociates and Ralph Wagner of Probe Engineering. presented the.: x~re~.ialnarv p3.at of Linder 1st Addition. Mr. Gair .presented a colored renderins~ of the plat showing the proposed phasing of the development and types of hc~~.i~sing mix and density proposed. 82.79 Motion was made by Sindt, seconded by Nelson to approve the preliminary plat of Linder's First Addition subject to the Planning Commission reports and recommendations om the project and subject to the. actual rezoning of the. property to accommodate the proposed ty~?e of housing and the..-plat being approved at he time the finalplatting is before the City Council'. Roll`call_was taken on the motion. Ayes,, Zaun, Sindt,~ Enright & iVelson. Nays,,none.. Jensen abstained because of a conflictof interest, as he rents `the land for farming..... The City Council discussed the letter received from Mr. & Mrs. Fagnant concerning the `need.-for shoveling of sidewalks in the Va]aey-:lark: area near Parkview Schoolo The council discussed the probles~s involved with adopting acity-wide .ordinance mandating: ..snow removal from sidewalks and asked the administrator to`send a letter to Mr. & Mrs. Fagnant on the matters 82,80 Motion was made by. Nelson, seconded by Sindt to approve the 1982 pay schedule for officers of the Lakeville Volunteer Fire.-Department effective February 1, 1982. Ro11 call was taken on the: motion. Ayes, Zaun',:.Sizldt, Enricrh~., Nelson, Jensen. 82.81 Motion was made by Zaun, seconded.'by Sindt to approve a raffle license. and waive the'bond-for'St. Michael's School of Prior Lake. Roll call was taken on the motion... Ayes, Sindt, Enright, Nelson, Jensen, Zaun. 82,82 Motion was made by .Zaun, seconded'by Sindt to=adopt Resolution No. 82-14 designating Flagstaff Avenue from Dodd Road south to near the Farmington Lakeville boundary and"then west from Flagstaff to Cedar Avenue as an MSA streetm -3- • r CITY OF LAK~:VILLE COUNCIL, MEE'TIN'G February 16, 1982 Ro~.l call was taken on the motion..- Ayes, Enright, Nelson, `Jensen, Zaun, Sindt. At this time Mr. Keith. Nelson presented the final plans for the mx~rovement of 185th. Street from Trunk Highway 50 to .7amaica Path. Mr. Nelson exx~lained that. about the first 650 feet from .Highway 50 would be with concrete curb and gutter, as it would lessen the requirement fora additional rght- of-way easements. in order to meet'state-aid standards and street design. At this time Councilman Nelson 1ef_t the muting to qo to work.. It was also indicated that because of the. width of the road-being proposed, it would be necessary for the City to adopt a resolution requiring no parking on one side'of.thestreet,'therefore, a narrower street width would meet state-aid approval by the P~nnesota Department of Transportation. Mr. Nelson also presented-the plans for the improvement of .Ipava Avenue 'from 176th Street north to the north boundary of the Lakeville elementary school site,:.. which is also the south boundary of Mrs. Barren's property on the west side of_ Ipava. It was pointed out that with the ~etitan receivedfrom Mrs. ~3arrett, the .street improvement would be assessed to her .property on the east side. of Ipava. or as far north as the mprove- menu extends. The City Council also discussed the. need for improving Ipava from 176th Street south to 185th Street and for improving 85th Street from Jamaica Path easterly-to Dodd Road.. 82.83 Motion was made by Zaun, seconded by Sindt to authorize Con ultng'Engneers :Diversified to prepare an engineerin,q feasibility report .for imprnvin~ 185th Street with an asphaltsurface, rural design cross section from.. Jaanaca Path east to Dodd Road and .for improving Ipava Avenue north from 185th Street to.176th Street. -Roll call was taken on the. motion: Ayes, Jensen Zaun, Sindt & Enright. 82.84 Motion was made by Zaun, seconded by Sindt to adopt Resa].utions No..82=15 and 82-16 approving the engineering glans. and specifications for the 15th Street improvement from Highway 50 to Jamaica Path and .the Ir~ava Avenue improvement from 176th Street north and establishing no parking on the north side of 185th Street for the Length of the improvement and on the west side of Ipava for the length. of the improvement. Roll call was. taken on the motion. Ayes,,Zaut1, Sindt,'Enrght'& Jensen. 82.85- Motion was made by Zaun,:secoa~ded by Sirc~t to authorize the staff to meet 'with residents who are interested in having utilities and: street.' improvements along 175th Street west of the prchard Lake Park to Judicial Road. Roll call was :taken. on the motion. Ayes, Sindt, EnrightFJensen & zaun. 82.86 Motion was made by Zaun, seconded by Si:~d+~ to approve pay. reclixest number five'on The`Meadows 2nd Addition. k: Roll call was taken on .the anotion. Ayes, Enright, Jensen? za,un & Sindt. At this time Mr. Robert Foster-of'the Kidney Foundation addressed thee~ity Council with a request to have the ~it~z-clear snow from Orchard ~.ake _ .for an ice`fshing contest. 82.87 Motion was made-by Zaun, seconded by Sndt to authorize the Public works Director to accoanmodate the• kidney F'ouhdatio~'s reavest far x~arkin,g on Orchard Lake to_the_best of the City's ability for'athis:one event. Roll call was taken on the motion. Ayes, Jensen, Zatzn, Sindt &-Enright.. -4- 7 CITY OF LAI~EVILLE CO~JNCIL MEETING February 16,<1982 82,gg Motion was made by Sindt, seconded. by Enright to continue. the meeting beyond the normal 10:30 adjournment time. Roll call was taken on the motion. Ayes, Zaun;Sindt, Enright £ Jensen. . Mayor Jensen advised the council and staff that he had-receiveda call frorn'Mr. Berres-concerning his desire to put asecond dwelling .unit on his property.' The City Attorney advised that it could be done by establishing a parcel of r~rgp~rty of 10 acres in size and preparing a deed.,for the transfer: of the property if it is sold in recording it. The 'mayor. also .advised that Mr. L4old-had contacted him concerning :..the, possibility of bul~,ing°a new house on a 6'~ acre parcel of oroperty which already has an older_existng house on it. The staff was asked to,-look into the matter..and see. how ordinances would apply=-to the request. The City Council set a work session of the council for March 8, 1982 at 7:30 p.m. to consider budget reductions,`with-the meeting to''be held at City. Hall: The City Administrator advised the council. that he received a call from. Doug James, owner of the shopping. center-which houses Liquor Store No. 2. Mr. James had indicated that he would be-gutting in°a new furnace to re- place one: of the two roof furnaces .serving the city facility .within a-' couple of weeks.., weather permitting. The City .Council took up consideration of the Eureka. Township joint ?aowers agreement for providing building inspection-services from Lakeville to Eureka. 82,go Motion was made by Zaun, seconded by Sindt to authorize the City Adminis- trator to offer. an ;,agreement whereby the-City would retain one-half of . the building permit and'plan checking fee for building"_nermits issued by Eureka and inspection servicesprovided by Lakeville, Roll call. was taken on the motion. Ayes, Sindt,.Enright,'. Jensen &`Zaun.' 82.90. Motion was. made by ,Zaun, seconded. by Sindt to authorize the City Adminis- trator to ..appear at the Minnesota Senate Transportation Committee hearing on February 19th at the State Capital to testify on behalf of .House File "1641.; Roll call was taken on the motion. Ayes, Enright, Jensen, Zaun & Sindt. The meeting adjourned at 11:1D p.m by call of the Chair. Respectfully submitted, o Patrick E. McGarvev® City Cler ert Je s ® Mayor -5-