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HomeMy WebLinkAbout09-06-83 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1983 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council members Nelson, Sindt, Enright, Harvey, and Mayor Zaun. Also present: Keith Nelson, City Engineer; Roger Knutson, City Attorney; James Robinette, Community Development Director; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The city administrator advised the council that there would be four items brought up under other business on the council agenda later in the meeting. .Citizen comments: Two citizens made a complaint to the council concerning building debris from the M.W. Johnson construction in the Niakwa Village area and also stated that there were home owners doing commercial car repair work in garages in the Valley Park area. They also indicated that there were drivers running the stop signs onto Flagstaff Avenue between 160th and 161st Street. The mayor indicated that the staff would look into the matters and report to the City Council and the people making the complaint on their findings and recommendations. $3.375 Motion was made by Sindt, seconded by Nelson to approve the consent agenda items, including receiving the August 2,1983 Natural Resources Committee minutes. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time Mayor Zaun asked the city attorney to read the conditional use permit conditions proposed for the Nick Wolf dog kennel conditional use permit. One condition in the permit stated that the applicant could have no more than 16 dogs over six months of age. Another condition indicated that the applicant would have to construct a concrete block dog run fence. Mr. Wolf addressed the City Council and asked if the council could allow him to have some additional time to reduce the number of dogs he has from over 20 down to the required 16 as stated in the permit. He also asked if the council would allow him to use the present wood fence he has along the dog run and to enclose the gaps in the fence with wood, in hopes that it would provide sufficient sound proofing without the added expense of putting in a concrete block wall. 83.376 After discussion, a motion was made by Sindt, seconded by Enright to change the .wording in the conditional use permit to allow for solid wood in place of concrete for the dog run fence for a period of up to October 17, 1983, CITY OF LAKEVILLE COUNCIL MEETING September 6, 1983 at which time the City Council will receive a report on the performance of the fence and will then determine whether or not it can remain as a solid wood fence or that a concrete block material would need to replace it. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.37 Motion was made by Nelson, seconded by Harvey to amend the condition to include that no more than 16 dogs over 90 days of age can be on the property after 90 days from September 6, 1983. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.378 Motion was made by Harvey, seconded by Sindt to approve the conditional use permit as amended. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83.379 Motion was made by Nelson, seconded by Harvey to adopt Resolution No. 83-87 giving final approval to the industrial development revenue bonds for the Cedar 70 Business Park, phase 2. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time Mr. Dan Johnson from Suburban Engineering presented the preliminary plat of South Creek addition for the council and audience. It was pointed out by staff that the property will need to be rezoned from the present R-4 to R-2 to accommodate the lot sizes for the single family lots proposed in the plat. This will need to be accomplished prior to or at the time the council considers final plat approval if the preliminary plat is approved. Mr. Gary Anderson, who lives on 208th Street, addressed the council about his concern about the flood plain as it affects the plat and drainage problems that may affect the property in his opinion. There .was discussion between the council, staff and applicant and audience concerning flood plain elevations, proposed contours of the plat if approved and the lowest level of the basement floors to be proposed for the single family homes in the plat. g3,380 Motion was made by Harvey, seconded by Sindt to table consideration of the preliminary plat of South Creek addition to allow the staff to get the information necessary to answer questions raised concerning the plat. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 2 ' , . ~ • CITY OF LAKEVILLE COUNCIL MEETING September 6, 1983 At this time the city clerk attested to the legal notice for the public improvement hearing for the assessment of project 82-4, Jacquard Avenue. There was no one present wishing to review the project costs or question the engineer on the project. 83.381 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.382 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 83-88 approving the assessment roll on project $2-4, Jacquard Avenue. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time the city clerk attested to the legal notice for the public assessment hearing on Valley Park 8th Addition, phase 3-A, project 79-3. There was no one present wishing to question the engineer on the project or cost. 83.383 Motion was made by Nelson, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sind t . 83,38; Motion was made by Sindt, seconded by Enright to adopt Resolution No. 83-89 approving the assessment roll on Valley Park 8th, phase 3-A. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time the city clerk attested to the legal notice for the public hearing on the assessment of The Meadows Third Addition improvements, project 83-1. There was no one present wishing to question the engineer on the project cost or assessments. 83.385 Motion was made by Harvey, seconded by Enright to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.38( Motion was made by Enright, seconded by Nelson to adopt Resolution No. 83-90 adopting the assessment roll on The Meadows Third Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 3 ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING September 6, 1983 At this time the city clerk attested to the legal notice for the public hearing on the assessment of the Lake Vale Townhomes, project 82-8. There was no one present wishing to question the engineer on the project cost or assessments. 83.387 Motion was made by Sindt, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.388 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 83-91 adopting the assessment roll on the Lake Vale Townhomes project. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.389 Motion was made by Harvey, seconded by Sindt to approve the purchase agreement with Bernard and Elizabeth Murphy for the purchase of three acres of land for the new Lakeville Police Station on the east side of Holyoke Avenue north of Fire Station No. 1 in the amount of $52,500. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time Mr. John Enggren addressed the City Council and introduced Mr. Francis Shook, his architect, concerning the renewal of the lease on the existing city hall building and proposed improvements that J and J Holding Company wish to make on the building and the possible expansion of it for city use. Mr. Enggren gave the council figures based on the total square foot of the building being used by the city to show what the past cost has been and what the cost would be on the proposed new lease, which would have the city pay $19,500 a year in rent for the existing space as it presently is used, plus the additional cost of the city paying for insurance on the building, property taxes, and all utilities. The council and Mr. Enggren discussed the terms of the lease for the building as it exists. It was indicated the lease had been drafted with the city renewing it for two years effective August 1,1983, and an option to renew it for additional periods of two years effective August 1, 1985 and August 1, 1987. At this time Mr. Francis Shook showed pictures of the former bank building now being rented by the city for the Lakeville city hall and presented the floor plans on how they propose to expand the building at the rear and improve the second floor of the building, hopefully for use by the city. After discussion, the council directed the staff to redraft the lease for the building as it is presently being used and have it ready for the September 19, 1983 council agenda. 4 • • • . CITY OF LAKEVILLE COUNCIL MEETING September 6, 1983 83.390 Motion was made by Enright, seconded by Sindt to approve an option agree- ment and purchase agreement with Lakeville Center, Inc. for the purchase of a site for the senior citizen housing project at the southeast corner of Holt Avenue and 207th Street and authorize the mayor and clerk to execute the option agreement. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time Ms. Carol Schultz and Mr. Dave Schaeffer of the Dakota County H.R.A. addressed the City Council concerning the assistance the H.R.A. would offer the city on the making of an application to the State of Minnesota for community development block grant funds in 1984. The council and Ms. Schultz discussed the various components of an application that might be included for Lakeville, such as a senior citizen center next to the senior citizen apartment building if it is approved for Lakeville, money to assist in rehabilitation of housing in the old village area, possible economic development assistance for the central business district, a site for the low to moderate income family project, which the Dakota County H.R.A. had previously applied for for the city. It was pointed out that the surveys of the housing and business community would need to be conducted to support an application.. 83.391 Motion was made by Enright, seconded by Harvey to approve and authorize the Dakota County H.R.A. to proceed with filing an application to be submitted to the City Council for future approval and submittal to the state for CDBG funds in 1984 and to take surveys of the property owners in the target area in support of such an application. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. The city administrator advised the council that the owners of the property at the southwest corner of Cedar Avenue and 160th Street being considered by the city for a possible future liquor store site had not met concerning the city's proposed option agreement. 83.392 Motion was made by Harvey, seconded by Sindt to table until the owners have met and responded on the city's proposed option agreement for a parcel of property at the southwest corner of Cedar Avenue and 160th Street. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun . The administrator advised the council that the area being looked at by the city for a possible future site of a city on and off sale liquor store near I-35 and for a possible third fire station to serve the western part of the city had run into difficulties concerning the boundaries of the property in question due to the non-platted nature of the property and I-35 right- of-way acquisition through the area years ago. 5 • • • CITY OF LAKEVILLE COUNCIL MEETING September 6, 1983 83.393 Motion was made by Harvey, seconded by Sindt to table further consideration of the site and an option on it until the staff can come up with clear property lines and ownership ont he property involved on the west side of I-35 near Highway 50 and County Road 5. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, ~ Sindt. At this time Mayor Zaun opened the public hearing on the proposals on how federal revenue sharing should be used in 1984. There was no one present wishing to speak on the matter. 83.394 Motion was made by Enright, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.395 Motion was made by Nelson, seconded by Sindt to adopt Ordinance No. 233 amending title 3, chapter 1 of the city code concerning the definition of a restaurant establishment serving intoxicating liquor. Roll call .was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.396 Motion was made by Sindt, seconded by Enright to approve the non-intoxicat- ing beer license and cigarette license for Brooks Superette at the south- east corner of Cedar Avenue and 160th Street. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time councilman Nelson had to leave the meeting to go to work. 83.397 Motion was made by Sindt, seconded by Enright to table until the September 19, 1983 council meeting consideration of quotes received for the grading of Oak Shores Park and Oak Shores 10th Addition. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. 83.398 Motion was made by Enright, seconded by Sindt to approve change order No. 1 to Econ Utilities on project 82-8, 83-1 and 83-2. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 83.399 Motion was made by Harvey, seconded by Enright to approve change order No. 2 to Aero Asphalt and approve the final payment on project 82-5, Acorn Heights addition street improvement. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Enright. 6 ~ • • • - CITY OF T.AKFVILLE COUNCIL MEETING September 6, 1983 83.400 Motion was made by Sindt, seconded by Enright to receive the engineering feasibility report on The Meadows Fifth Addition improvements. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. 83.401 Motion was made by Enright, seconded by Harvey to receive the bids and award a contract to Econ Utilities for project 83-10, Valley Park 8th, phase 3-B. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. 83.402 Motion was made by Enright, seconded by Harvey to approve a joint powers agreement with the City of Burnsville for the improvements to LacLavon Drive. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 83.403 Motion was made by Sindt, seconded by Enright to approve the final payment on project 81-12 to Richard Knutson Const. in the amount of $22,422.05. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Enright. 83.404 Motion was made by Sindt, seconded by Harvey to approve the final payment on project 82-1 to Enebak Const. in the amount of $32,504.05. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. 83.405 Motion was made by Enright, seconded by Zaun to approve applications to the Minnesota Department of Natural Resources for the Minnesota Trail Associa- tion project and authorize the mayor and clerk to execute them. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. 83.406 Motion was made by Sindt, seconded by Enright to approve and waive the bond requirement for a bingo license for the Lakeville Softball Association. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. The mayor announced that there would be a work session of the City Council at city hall on September 14, 1983 at 6:00 p.m. to discuss the Star Cities program and review the proposed 1984 city budget. The city administrator advised the council that the legal notice in the official city newspaper had not been printed by the newspaper due to their error on September 5th as requested for the bids on the new police station, which were to be opened on September 30th. Due to the fact that the city needs 21 days publication on this project, it was recommended the council reset the bid opening for October 3, 1983 at 2:00 p.m. in the council chamber. 7 • • • CITY OF LAKEVILLE COUNCIL MEETING September 6, 1983 83.407 Motion was made by Sindt, seconded by Enright to reset the bid opening date for the police station bids to October 3, 1983 at 2:00 p.m. in the council chamber. Roll call was taken on .the motion. Ayes, Harvey, Zaun, Sindt, Enright. 83.408 Motion was made by Sindt, seconded by Zaun to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. Time: 10:32 p.m. Respectfully submitted, ~ Patrick E. McGarvey, City C erk Duane Zaun, May 8 S CITY OF LAKEVILLE AGENDA COUNCIL MEETING Tuesday September 6, 1983 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney R. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the August 15, 1983 council meeting. h. Approval of the minutes of the August 29, 1983 special council meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. Planning Commission, August 18, 1983 Natural Resources Committee, August 16, 1983 e. Authorize installation of a street light at the corner of Ipava and 185th Street. 5. Approval of a conditional use permit to Nick Wolf for the operation of a dog kennel at 11850 - 210th Street West. 6. Adoption of a resolution authorizing the issuance of $3,115,000 of commercial development revenue bonds for the Cedar 70 Rusiness Park project. 7. Approval of the preliminary plat of South Creek located at the east end of 208th Street, proposed by Harold Malmanger. 8. Public hearing on the assessment of project 82-4, Jacquard Avenue. a. Attest to legal notice. h. Presentation of the project costs and assessments. c. Questions and comments. d. Close of the public hearing. e. Adoption of the assessment roll. • 9. Public hearing on the assessment of Valley Park 8th Addition, phase 3-A, project 79-3. a. Attest to legal notice. b. Presentation of the project costs and assessments. c. Questions and comments. d. Close of the public hearing. e. Adoption of the assessment roll. 10. Public hearing on the assessment of The Meadows Third Addi- tion, project 83-1. a. Attest to legal notice. h. Presentation of the project costs and assessments. c. Questions and comments. d. Close of the public hearing. e. Adoption of the assessment roll. 11. Public hearing on the assessment of Lakevale Townhomes, pro- ject 82-10. a. Attest to legal notice. h. Presentation of the project costs and assessments. c. Questions and comments. d. Close of the public hearing. e. Adoption of the assessment roll. 12. Approval of a purchase agreement with Rernard Murphy for the land for the new police station north of fire station number one. 13. Discussion on the renewal of the lease for the present City Hall building with J. & J. Holding Company, and the possibil- ity of renting space in the building if it is expanded. 14. Approval of an option contract and purchase agreement with , Lakeville Center,Inc. for the property at the southeast cor- ner of 207th Street and Holt Avenue for the proposed senior citizen apartment project. 15. Discussion with representatives of the Dakota County Housing and Redevelopment Authority on possible projects considered for a community development block grant application from the City in 1984. 16. Option contract and purchase agreement on a parcel of land at the southwest corner of Cedar Avenue and 16Uth Street for a city liquor store. 17. Option contract and purchase agreement for a parcel of land near I-35 and T.H. 50 for a city liquor store and/or fire station. 18. Public hearing on the proposed use of federal revenue sharing funds in 1984. 19. Adoption of an ordinance amending title 3, chapter 1, of the city code concerning the definition of a restaurant for an establishment serving intoxicating liquor. • 20. Approval of a non-intoxicating beer license and a cigarette license for Rrooks Superette at the southeast corner of Cedar Avenue and 160th Street. 21. Approval of a purchase order for grading of Oak Shores Park. 22. Change order number 1 to Encon Utilities for project 82-8, 83-1 & 83-2, The Meadows Third Addition. 23. Change order number 2 to Aero Asphalt for project 82-5, Acorn Heights Addition and approve final payment. 24. Receive feasibility report for The Meadows Fifth Addition. 25. Receive bids and recommendation on award of contract for project 83-10, Valley Park 8th, Phase 3-R. 26. Approval of a joint powers agreement with the City of Burns- ville on the LacLavon Drive. 27. Any other business. 28. Adjourn.