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HomeMy WebLinkAbout08-01-83 4 CITY OF LAKEVILLE COUNCIL MEETING August 1, 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: Councilmembers Nelson, Sindt, Enright, Harvey and Mayor Zaun. Also present: Roger Knutson, City Attorney; Keith Nelson, City Engineer; James Robinette, Community Development Director; Patrick McGarvey, City Administrator./Clerk. Staff announcements: The City Administrator advised the council of a staff .report recommending a 40 mile per hour speed limit be established on 185th Street and Ipava Avenue;.receive the Fire Relief Association Report; approve an addendum to the development agreement with Derrick Land Company on the Oak Ridge Heights addition; and approve the appaintment of Jean Vestal as Recreatian Program Supervisor under Other Business. Citizen comments: There were none. 83.322 Motion was made by Sindt, seconded by Enright to approve the consent agenda with the corrections noted on the council meeting minutes of misspelled words. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time the City Council took up consideration of a request of Jack Matasosky for a variance in lot width and area and a-canditional use permit for part of the establishment of two lots from Lot 4, Black 24, Lennihan's Lots, Antlers Park addition,. Mayor-Zaun recognized`Mr. Ernest Darflinger who spoke to the council concerning the reasons why he felt the variances should not be granted and were not warranted„ Councilman Harvey stated that he does not feel the applicant-meets the test of two ®f the three conditions set faith in state law and city ordinance for rece:~ing the requested variances, The City Administrator gave the council copies of the 1909 and 1911 plats which establish the present Lot 4, Block 24, Lennihan's Lats property. The administrator painted aut that there has since been a 29 foot by 85 foot parcel of property created from Lot 4, evidently by the current owner of the property. It was suggested that this parcel of land could be added to the proposed two new lots, which wauld bring them both-aver the required 15,000 square feet of area under the shoreland provisians. Mayor Zaun spoke about the different way in which Minnesota law allows variances compared to the zoning law in other states and how contradictory this state is. Mr. Clarence Rudiger spoke to the council and explained why the 29 foot wide parcel of land was established. -1- . • CITY OF LAKEVILLE COUNCIL MEETING August 1, 1983 The mayor suggested that the .seller and potential buyer should discuss the possibility of including. the 29 by 85 foot parcel of land into the proposed. two new lots, which would bring them both over 15,000 square feet, thereby eliminating the variance on lot size. The mayor pointed out that in his opinion, the requested. variance in lot width .could be granted if the lot sizes were brought up to meet shoreland requirements, and that no other variances on setbacks were to be considered for any new home that might be built on either of the proposed two new lots. 83,323 Motion was made by Nelson, seconded by Enright to table this matter pending further information from .the seller and perspective buyer, to the August 15, 1983 council meeting. Ro11 call was taken on the motion, Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.324 Motion was made`by Nelson, seconded by Harvey to adopt Ordinance No. 229 rezoning Lot 2, Block 1, Benison Addition, from R-2 to R-S, as recommended by the Planning Commission, Roll call was taken on the oration. Ayes, Sindt, Enright, Harvey, Nelson, Zaun< The Community Development Director advised the council that Mr. Everson had not signed the development agreement nor submitted a letter of credit for the final plat of Lakeview Heights addition, and'he recommended that the matter be tabled 83.325 Motion.-was made by Sindt, seconded by Harvey to table consideration of approving the clevelopznent agreement and final plat of Lakeview Heights add~,tion until the August 15, 1983 coub.cil meeting„ Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt~ 83.326 Motion was made by Enright:, seconded by Harvey to adopt Resolution No, 83-76 approving the final plat of Faxboreugh Second Addition and approving the development agreement with Northland Mortgage Company and authorizing the mayor and clerk to sign the agreement; subject to receipt of the letter of credit. on the improvements. Rolf. call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.327 Motion was made by Harvey, seconded by Sindt to adopt .Ordinance No. 230 rezoning the property in the Foxborough. Second Addition from R-2 to R-3 and R-5, based on specific lots. within the new plat. Moll call was .taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.328 Motion was made by Nelson, seconded by Sindt to approve the conditional use permit and variance to Kelly Fuels for the construction of a convenience. food store at the corner of 175th Street and Highway 50, as recommended by the Planning Commission and consultant. Roll call was taken on the. motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. -2- ! • • , CITY OF LAKEVILLE COUNCIL MEETING August 1, 1983 At this time, Mr. Lou Besser addressed the City Council concerning the School District No. 194 request for city financial assistance for the coordinator position .for the drug and alcohol prevention program in the district. The City Administrator .explained that the fiscal year for the school district and the c-ity are not the swine. The school district's fiscal year begins on July 1 and the city on January 1. Therefore, it would appear that if the city were to make a contribution., it would have to be for the 1983/84 school year, with the city commitment coming out of the 1984 budget .and. the payment being at some time after January 1, 1984. Each city council member gave a brief statement of their feelings in regard to this request, with the consensus being that the school board should review their proposed new policy from their task force and act on that prior to the council taking a position on the request for funding. Mr. Steve Michaud, Park & Recreation Director, was present and suggested that the parties might want to check into money that may be available. from the federal government for certain jobs which could fund a part of the cost of this position. The consensus of the council was. that they would await the outcome of the .August 9th school board meeting and would have this on the August 15th council agenda. Mayor Zaun read a resolution for the council concerning the city policy on the adjournment of public meetings. 83.329 Motion was made by Nelson, seconded by Sindt.to adopt Resolution No. 83-77 setting the city policy on the adjournment- of regular and special. council meetings. and advisory committee meetings. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mr. Dan Crowell, Liquor Store Manager, presented plans for the Phase 1, 2 and 3 proposed remodeling of Liquor Store ~k1. Phase l will involve remodeling of the bar area, Phase 2 will involve the installation of a restaurant and kitchen equipment, .serving a limited menu of, food in the on-sale store, and Phase 3 would be .the modification of the exit doorway in the off-sale store. It was painted out that the liquor store management and liquor committee of the council were interested in providing additional service to the community from the store, and the provision of .food for'the eustamers would help the nity meet one of its own requirements for privately owned on-sale establish- ments to receive a liquor license, as well as offering other than alcoholic. beverages for consumption on .the premises.. 83.330 Motion was made by Enright, seconded by Harvey to approve th.e remodeling plans for Phase 1, 2,and 3 and authorize the staff to take quotes or sealed bids on the .proposed work. Ro11 call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. -3- • CITY OF LAKEVILLE COUNCIL MEETING August 1, 1983 At this time, Mr. Crowell reviewed the job descriptions for the on-sale and off-sale assistant. liquor. store management positions and suggested salary range. 83.331 .Motion was made by Sindt, seconded by Enright to approve the establishment of two assistant manager positions in the Lakeville Liquor Store operation,. one being on-sale and the other being off-sale, approving the job descriptions and salary range of $15,000 starting to $18,000 maximum. Roll call. was taken on the motion. Ayes., Harvey, Nelson, Zaun, 5indt, Enright. 83.332 Motion was made by Harvey, seconded by Nelson to approve an agreement with Erkkila & Associates. for planning services for the Oak Shares Park .project. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey, 83.333 Motion was. made by Harvey, seconded by Sindt to approve the development agreement for Valley Park 8th Addition, Phase 3-B, with Joe Miller Construction Company, subject to receipt of a letter of credit from his bank. Roll call was-taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.334 Motion ws.s made by Harvey, seconded by Sindt to authorize C,E,D, to prepare plans and specifications for the improvements to Valley Park 8th Addition, Phase 3-B, Roll call was taken on the motion, Ayes, Sindt, Enright, Harvey, Nelson, Zaun. The Park &:Recreation Director presented the plan and estimated cost for additional improvements in the Aronson Park, The preliminary site plan was shown for grading work, which would establish additional ball fields for T ball and soccer and improvements to .existing softball fields, The appli- cation for a LAWCON/LCMR grant would also include funds for lighting of ball fields. one and two. 83.335 Motion was made by Sindt, seconded by Harvey to approve the grant application and authorize the filing for a LAWCON/LCMR grant, as per the plans presented. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83,336 Motion was made by Sindt, seconded by Enright to table until the August 15th. meeting the authorization of a stop sign on Hull Avenue at the 207th Street intersection. Roll call was taken on the motion. Ayes, Harvey., Nelson, Zaun, Sindt, Enright. At this time, Mrs. Dobbs was present and showed the council pictures of parking and storm drainage problems involved with her property on 175th .Street west of Orchard Lake Park. The council received a report from the staff recommending that "no parking" be established on 175th Street approximately one-quarter mile west of the Orchard Lake Park. -4- i ! • CITY OF LAKEVILZE COUNCIL MEETING August 1, 1983 83.337 Motion was made by Nelson,. seconded by Sindt to authorize the installation of a "no parking" zone and signs on 175th Street approximately one-quarter mile west from the Orchard Lake Park western boundary. Roll ca11 was taken on the motion. Ayes, l~elson, Zaun, Sindt, Enright., Harvey. 83.33 8 Motion was made by Harvey, seconded by Nelson to receive Letters from Mrs. Dobbs and Mrs. Larson concerning parking on 175th Street. Roll call was taken on the motion. Ayes, Zaun, 5indt, Enright, Harvey, Nelson. 83.339 Motion was: made by Harvey, seconded by Nelson to adopt Resolution No. 83-78 authorizing Consulting Engineers Diversified to prepare a storm drainage report for improvements on property south of 185th Street and east of Highway 50 for a cost not to exceed $5,500, Roll call uaas taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.340 Motion was made by Enright, seconded by Harvey to approve a joint powers agreement with: the City of Burnsville concerning the establishment of a storm drainage pond in the northwest area of Lakeville just west of I-35 and authorize the mayor and clerk to execute it. Roll ca11 was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. ThE city council reviewed the staff report recommending that the speed limits be established at 40 miles per hour on the recently improved 185th Street and Ipava Avenue north. from 185th Street to 17Sth Street. 83.341 Motion was made by Enright, seconded by Nelson to set the. speed .limit on 185th Street between Highway 50 and Dodd Road and on Ipava Avenue from 185th Street to 175th. Street at 40 miles per hour, subject to the concurrance of the commissioner of the Department of Transportation for the State of Minnesota. Ro11 call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83 342 Motion was made by Sindt, seconded by Harvey to receive the report from the Lakeville Fire Relief Association for-the 1983 tax levy necessary to support the 1984 retirement program. Ro1.1 caL1 was taken on the motion. .Ayes, Nelson, Zaun, Sind.t, Enright, Harvey. 83.343 Motion was made by Nelson, seconded by Enright to approve and authorize the mayor and clerk to execute an addendum with Derrick Land Company for'the development of Oak Ridge Heights. Estates and authorize the mayor and clerk to execute a contract with Mueller Pipeliners subject to receipt of a satisfactory letter of credit from Derrick Land Company for improvements. in Oak Ridge Heights Estates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. -5- ~ i • A ~ CITY Ol' LAKEVILLE COUNCIL MEETING . August 1, 1983 At this time, the City Council set a work session for August 22, 1983 at 7:00 p.m. at-the city hall. 83.344 Motion was made by Sindt, seconded by Nelson to approve the appointment of Jean Vestal. as Recreation Program Supervisor of the City of Lakeville. Roll call was taken-on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.345 Motion was made by Nelson, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. Time,: 10;17 p.m. Respectfully submitted, ,v., Patric E. McGarvey, City Cler ..jam ~°v? Duane Zaun, -6- CITY OF LAKEVILLE AGENDA COUNCIL MEETING AUGUST 1, 198 3 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements: A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the July 18, 1983 council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, July 21, 1.983 5. Application of Mr. Matasos,ky fora variance in lot width., square footage, and conditional use permit to create two lots from_Lot 4, Block 24, Lennihan's Lots.., Antlers Park.. 6. Application of Leonard Bentson to rezone Lot 2, Block 1, Bentson Addition, from R-2 single family to R-5 single family, two family. and medium density, located on the north side of 205th Street. a. Action on ordinance adopting the rezoning. 7. Approval of the development agreement and a resolution approving the final plat of Lakeview Heights Addition, located on. the south side of 185th Street. 8. Approval of the development agreement and resolution approving the final-plat of Foxborough Second Addition, located on the west side of Cedar Avenue. 9. Adoption of an ordinance rezoning certain lots in Foxborough Second Addition from R-2 single family to R-3 high density single .family. • • • CITY COUNCIL AGENDA August 1, 1983 (Continued) 10, Application of Kelly Fuels for a conditional use permit for a convenience food store and variances-for the number of driveway access to streets and setback.. of the canopy at the .corner of 175th Street and Highway 50. 11, Request from Lakeville School .District No. 194 for financial assistance for the district's drug and alcohol prevention program. 12. Resolution setting city policy on adjournment of council meetings and advisory committee meetings. 13. Approval of the phased liquor store remodeling plans and authorize quotes and/or bids to be taken. 14. Approval of two position job description changes for on-sale and off-sale assistant manager positions. 15. Approval of an agreement with Erkkila & Associates for the planning of Oak Shore Park development, 16, Approval of the development agreement for Valley Park 8th Addition, phase 3--B, 17, Approval to file a LAWCON/LCM1t grant application for improvements to Aronson Park in 1984, 18. Authorize the installation. of a stop sign on Hu11 Avenue at 207th Street. 19, Authorize the installation of "no parking" signs on 175th Street west of Orchard Lake. Park, 20. Authorize C.E.D, to prepare a preliminary report on storm drainage and pond area requirements south of 185th Street to Highway 50, 21, Joint powers agreement with City of Burnsville on acquisition of a storm drainage pond area in Lakeville on the west side of I-35, 22, Any other business. 23, Adjourn.