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HomeMy WebLinkAbout07-18-83 • i • y. CITY OF LAKEVILLE COUNCIL MEETING July 18, 1983 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Ro11 call was taken. Present: Councilmembers Nelson, Sind.t, Enright, Harvey and Mayor Zaun. Also present: Patrick Farrell, City Attorney; Keith Nelsen, City Engineer; James Robinette, Community Development birector; Rich Radermacher, Chief of Police; Patrick McGarvey, City Administrator/Clerk. Staff announcements: Mr. Nelson advised the council that he would have a letter to take up under Other Business concerning a proposed joint powers agreement between the City of Burnsville and City of Lakeville concerning the development of a storm drainage pond in Lakeville which would serve both communities. Citizen comments: Mrs. Sharon Sinner stated that she was having. difficulty in getting the official city newspaper delivered to her home on Judicial Road, because it is in a delivery area under a Prior Lake mailing. address. Mr. Lou Besser, Chairman of School District ~~194 Board, addressed the council concerning the proposed chemical dependency program for the district and gave a history on the program in District ~~194. Mr. Besser indicated that the board has budgeted at the present time for a one-half staff position for the program in the 1983/84 and 1984/85 school years. The recent task force established by School District ~~194 Board has recommended one and one-half positions. Mr. Tom Rees was present and handed aut written information from the task force committee recommending the added personnel. Each of the gentlemen requested the council to consider the recommendation of the task force and see whether or not the City cauld financially support the district in the 1983/84 school year for this program. Mayor Zaun stated that there would be a work session of the City Council on July 25th. at city hall beginning at 7:00 p.m., and that the matter would be further discussed at the work session prior to the council taking any action on the request at a future council meeting. 83.286 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items, including receiving the Police Station Advisory Committee minutes. a. July 5 minutes. b. Claims. c. Advisory committee minutes. d. Specifications for seal coating oil.. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this. tix~?e Mayor Zaun recognized Mr® & Mrs. Ronald Nelson and-asked the chief of police to present them a Ynerit award from the Minnesota Police Peace O£ficer~s Association far their inv®lvement in apprehending twa persons -1- ~ .r ~ V CITY OF LAKEVILLE COUNCIL MEETING July 18, 1983 charged with robbing a gas. station in Lakeville earlier this year. Chief Radermacher presented the award to Mr. & Mrs. Nelson. At this time the council took up consideration of making the temporary opening of Ixonia Avenue between Dakota Heights and Maplewood Estates additions permanent. Mayor Zaun read the petition received from some residents at the July 5, 1983 meeting in opposition. Mr. Enright, Mr. Floyd Thomas, Mrs. Benjamin, and Mr. Stan Jensen all spoke in opposition to making the opening permanent: Mr. Ron Draper stated he felt the council should listen to the wishes of the citizens on the matter. Councilman Nelson stated that he didn't care whether the-road was opened or closed,. but that if it was to be opened, it should be done in an approved permanent manner, and if it is .closed, it should be done in a manner sufficient to make it closed. Council members and staff discussed the need for making the opening permanent and how the property was platted to provide a 60 foot wide right-of-way for the street when each plat was approved. 83,287 Motion was made by Enright, seconded by Harvey to approve for one year the continued temporary opening with modified improvements to the road and a. stop sign at the corner of Ionia and 180th Street. Roll call was taken on the motion. Ayes, Enright, Harvey. Nays, Zaun, Sindt. Abstained, Nelson. Mayor suggested that maybe the road could be kept open only for school buses and emergency vehicles. 83,288 Motion was .made by Zaun, seconded by Harvey to authorize the opening. only for .emergency vehicles and school buses. Roll call was taken on the motion. Ayes, Harvey, Zaun. Nays, Sindt, Enright. Abstained, Nelson. 83.289 Motion was made by Sindt, seconded by Zaun to direct the road to be closed for now, until such: time as ~ future city council determines a need for it to be opened to the public. Roll call was taken on the motion. Ayes, Zaun, 5indt. .Nays, Enright. Abstained, Harvey, Nelson. Mayor Zaun stated that some day the road will be improved once sanitary sewer has been installed in the southern part of Ixonia Avenue near 185th Street, in his opinion. At this time the City Council took up consideration of the application of Mr. & Mrs. Radunz for a conditional use permit for a garage over 1,000 square feet. The city administrator explained the history of how. the council adopted an ordinance in the mid-1970's establishing a conditional use permit approach to govern garages larger than 1,000 square feet on a single parcel of property. The .administrator painted out that the-time -2- • • • • CITY OF LAKEVILLE COUNCIL MEETING July 18, 1983 may have arrived when it is necessary to go further and determine some policy on maximum size garages in a given zoning district of the city and possibly the construction of the- garage for compatibility with the principal use structure on the property and nearby-residences. 83.290 Motion was made by Sindt, seconded by Enright to table the application of Mr, Radunz for a conditional use permit for another large garage until after the Planning Commission and City Council and act upon a possible ordinance amendment concerning large garages in residential zones. Roll call. was taken on-the motion.. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.291 Motion was made by Sindt, seconded by Harvey to direct the staff ..and Planning Commission to hold a public. hearing, after appropriate study, for amendments. to the zoning ordinance concerning conditional use permits for garages. over 1,000 square feet in residential zones of the city. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time, the City Council took up consideration of a preliminary plat of Lakeview Heights Estates. Mr. Ray Anderson and Mr. Ron Draper. were present and stated their cancerns_and approval over proposed storm drainage conveyance and control on the south side of 185th. Street. .83.292 Motion was made by Enright, seconded by Sindt to approve the preliminary plat of Lakeview Heights Estates subject to the recommendations. of the planning consultant, city engineer and city staff nn the preliminary plat. Ro11 call was taken on the mt~tion. Ayes., Sindt, Enright, Harvey, Nelson, Zaun. Mr. Jerry Everson then addressed the council and asked the council to do what: it could to facilitate the Planning Commission's consideration and action on the final plat of Lakeview .Heights Estates, as he felt the plat met all of the staff and city requirements. .83.293 Motion was made by Zaun, seconded by Enright to request the Planning Commission to act on the final plat of Lakeview Heights Estates at the next regular Planning Commission meeting. Roll call was taken on the motion. Ayes, Enright, Nelson, Sindt, Zaun. Nays, Harvey.. At this time, Mr. Mike Gair presented the former preliminary plat and the revised preliminary plat of Linden's Addition. 83.294 Motion was made by Nelson., seconded by Sindt to approve the revised pre- liminary plat of Linden's Addition as recommended by the planning consultant and Planning Commission. Ro11 call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.295 Motion was made by Sndt, seconded by Harvey to table action on the ordinance rezoning lots in Linden's Addition until the final plat is approved by the City Council. -3- ~ • • CITY OF LAKEVILLE COUNCIL MEETING .t July 18, 1983 Roll call was taken on the motion. Ayes., Nelson, Zaun, 5indt, Enright, Harvey. At this time, Peggy Johnstone and Sue Lavender presented their request for rezoning. to R-A and a conditional. use permit to operate a large barn on the. east side of Judicial Road for a horse related facility. It was pointed out that under the zoning of the city, the property needed td be zoned R-A and a conditional use permit needed to be acquired before a facil ty of this nature can legally be operated for horses. 83.296 .Motion as made by Sindt, seconded by Enright to adopt Ordinance No. 228 rezonin the property from R-1 to R-A. Roll ca 1 was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.297 Motion as made by Enright, seconded by Sindt to approve a conditional use permit ubject to the conditions outlined in the planning consultant's memoran um of June 29, 1983. Ro11 ca 1 was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.298 Motion as made by Sindt, seconded by Enright to approve a setback variance for the barn on the Johnstone property as recommended by the planning consult nt. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time, Mr. Keith. Nelson presented the preliminary plat of Oak Shores 10th. Addition, which is being platted by the City of Lakeville, consisting of three single family lots at the northwest corner of 162nd Street and Jamaica Avenue. The property was acquired by the City through a gift from Mr. Loken and Mr. Spande, and the sale of three lets will provide some funds for improvement of the Oak Shores park. 83.299 Motion. was made by Nelson, seconded by Sindt to approve the preliminary plat of Oak Shores 10th. Addition. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.300 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 83-71 approving the final plat of Argonne Park .addition. Roll call was taken on the motion. Ayes, Nelson, Zaun, 5indt, Enright, Harvey. Mr. Paul Krause requested that the development contract on the Argonne Park addition be amended to allow the developer to pay the park. cash contri- bution in accordance with the recently adopted city policy for a development with an obligation of from $15,000 to $30,000. 83.301 Motion was made by Enright, seconded by Zaun to approve. an amendment to the development agreement on the Argonne Park addition, allowing the developer to pay the park cash .dedication with a one-third down payment and payment of the remaining balance over the next two years, effective from July 18, 1983. -4- • • ~ CITY OF LAKEVILLE COUNCIL MEETING July 18, 1983. Roll call was taken on the motion, Ayes, Zaun, Sindt, Enright, Nelson. Nays, Harvey. 83.302 Motion was made by Sindt, seconded by Harvey to approve the setback variance for the Northland Saw building on the west side of I-35. Roll calf. was taken on the motion. Ayes,. Sindt, Enright, Harvey, Nelson, Zaun. 83.303 Motion was made by Sindt, seconded by Nelson to table council action on the application of Mr. & Mrs. Wolf for a garage over 1,000 square feet until the applicant makes another application to have the property zoned and applies for a conditional use permit to operate a dog kennel, and when recommendations are received from the Planning Commission on these applications. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. Mr, Baillif was present at the council meeting concerning his application for a conditional use permit to construct a garage in the ICD zone over 1,000 square feet at 16890 Kenwood Trail, The Planning Commission recommended approval. of .the conditional use permit. 83.304 Motion was made by Nelson, seconded by Enright to approve the conditional use permit to Mr. Baillif .for a garage over 1,000 square feet at 16890 Kenwood Trail, as recommended by the Planning Co~nnnissicn and consultant. Ro11 call was taken on the motion. Ayes, Harvey, Nelson, Zaun, 5ndt, Enright. At this time, the City Council took up consideration of a request for a variance in lot width. and a variance in the lot size and a conditional use permit for two lots to be separated from Lot 4, Block 24, Lennihan's Lots, Antlers Park. Mr. Jack Matasosky addressed the City Council and presented his. reason for the request and why he felt the request was compatible with the neighborhood and should be approved. Three residents were present and spoke against granting the variance-that would be necessary if the two lots were approved. At this time, Councilman Nelson had to .leave the meeting to report to work. Time: 10;03 p.m. 83,305 After further discussion, motion was made by Sindt, seconded by Enright to table further consideration of Mr, Matasosky's applications until the August 1, 1983 council meeting. Ro11 call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. At this time, the city administrator. read a proposed ordinance which would delete section 5-1-12-2B .from the City Code pertaining to a requirement for the operators of dog kennels to receive the written permission of any property owner within 500 feet. The. city attorney had advised the council. that such a provision in a city ordinance was not legal, according to a recent. Minnesota Supreme Court decision. -5- • • • ' CITY' OI' LAKEVILLE COUNCIL MEETING. July 18, 1983 Mr. Leonard Tuma was present and objected to .the proposed change in ordinance. 83.306 Motion was made by Sindt, seconded by Enright to adopt Ordinance No. 227 deleting Section 5-1-12-2B from the City Code. Roll. call was taken on the motion. .Ayes, Sindt, Enright, Harvey, Zaun.. 83.307 Motion was made by Enright, seconded by Harvey to approve a 3.2 beer license and a cigarette license for Lakeville Superette. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 83.308 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 83-72 authorizing a letter of credit to be established for the purchase of liquor from Be11 Boy Corporation by the City. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sndt, Enright. 83.309 Motion was made by Sindt, seconded by Enright to adopt Resolution No. 83-73 approving the plans and specifications and authorizing the taking of bids. on public. improvements for .the Barrett Eirst Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey. 83.310 Motion-was made by Enright, seconded by Zaun to adopt Resolution No. 83-74 stating the city policy on the job training and partnership act. Ro11 call was taken on the motion.. Ayes, Sindt, Enright, Harvey, Zaun. 83.311 Motion was made by Harvey, seconded by Enright to approve an agreement. apportioning the assessed valuation in Eureka Township for the purpose of fire contractual service to the township. Roll call was taken on the motion. Ayes, Enright, Harvey, Zaun, Sindt. 83.312 Motion was made by Enright, seconded by 5ndt to adopt Resolution No. 83-75 establishing fees for building permits effecCive September 1, 1983. Roll call was taken om the motion. Ayes, Harvey, Zaun, Sindt, Enright. At this time, Mr, Robert.Lambert presented the building plans for the new police station and a report on the work to date. 83:313 Motion was made by Sindt, seconded by Harvey to extend the council meeting beyond the 10:30 adjournment time. Roll call. was. taken on the motion. Ayes., Zaun, Sindt, Enright, Harvey. The city administrator. advised the council that negotiations had started with the property owner for acquiring a three acre size site for the police station, and that appraisal work. is underway. 83.314 Motion was. made by Harvey, seconded by 5indt to approve the final building -6- _ . ~ • • • CITY OF LAKEVILLE-COUNCIL MEETING July 18, 198 plan and authorize the completdn of the plans and specifications by Inter Design, Inc. for the new police stations Roll call was taken on the motion; Ayes, Sindt, Enx~iglit, Harvey, Zaun. 83,315 Motion was made by Sindt, seconded by Enright tt~ approve chenge o~°der No. 1 on project 82-1 in the amount of $15,994, Roll call was taken on the motion. Ayes, Enright; Harvey, Zaun, Sindt 83.316 Motion was made. by Sindt, seconded by Enright to table action on th.e development agreement for the Valley-Park.Bth Addition phase 3~.-~, as it was not fully prepared; Roll call was taken on the motions Ayes, Harvey, Zaun, Sa,ndt, Enright. 83.317 Motion was made by Harvey, seconded by Enright to approve. an easement agreement for the Barrett Addition on the north boundary. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright,. Harvey. 83.318 Motion was made by Sindt, seconded by Enright to authorize the city staff to prepare a cooperative agreement with the City of Burnsville whereby the City of Burnsville would acquire property in Lakeville for a storm drainage ponding area on the west 'side of I-35 near the city limits with Burnsville.. Ro11 call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. 83.319. Motion was made by Enright, seconded by Harvey to authorize a preliminary engineering report by C.E.D. an The Meadows 5th Addition improvement as requested by Mr. Jack Lankas. Roll call was taken on the motion.. Ayes, Enright, Harvey, Zaun, Sindt. The City Administrator presented the option contract and. purchase agreement between the City of Lakeville and the Lakeville Non-Profit Housing Corp. for the senior citizen apartment site at the corner of 207th St. and Holt Ave. It was pointed out that the option and purchase agreement were reviewed by the council on June 20. 83.320 Mation was made by Harvey, seconded by Enright to approve the option contract and purchase agreement effective June 22, 1.983, with the Lakeville Non- Profit Housing Corp., for. the senior citizen housing project. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Enright. 83,321 Mation was made by Sindt, seconded by Harvey to adjourn the council meeting. Ro11 call was taken on the motion. .Ayes, Zaun, Sindt, Enright, Harvey. Time: 11:03 p.m. LC-- _ C~.t~~~~' ~ t ~ Duane Zaun, yor Patrick E. McGarvey, City Cler -7- • ~ ~ • ~ • CITY OF LAKEVILLE AGENDA COUNCIL MEETING July 18, 1983 7:00 P.M. Call to order. Flag pledge. 1. Ro11 call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the July 5, 1983 council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, July 7, 1983 d. Approve specifications and authorize taking of bids for seal coating oil. 5. Presentation of a Citizen's Meritorious Award from Minnesota Police and Peace Officer's Association to Mr. and Mrs. Ronald Nelson. 6. Recommendation concerning the permanent opening of Ixonia Avenue. between Dakota Heights and 185th Street. a. Council action on the recommendation. 7. Application of Roger Radunz for a conditional use permit to construct a garage over .1,OOD square feet. in size at 18807 Orchard Trail. 8. Application of Everson-Ames for a preliminary plat of Lakeview Heights, located on the south side of 185th. Street and east of Highway 50. 9. Application of Vern Linder for a revised preliminary plat of Linder's First Addition, and rezoning of specific lots from R-2 single family to R-3 single family and R-5 single family, two family and medium density. 10. Application of Peggy Johnstone to rezone a parcel of land on the east side of Judicial Road from R-1 low density single family to R-A single family-agricultural, and for a conditional use permit to allow the keeping of horses on the property. • • • F ' CITY COUNCIL AGENDA July 18, 1983 -2 - ll. Application of the City of Lakeville for a preliminary plat of Oak Shores Tenth Addition, located on the west side of Jamaica Avenue, north of 162nd Street. 12. Adopt a resolution approving the final- plat of Argonne Park on the south side of Highway 50. 13. Application of Northland Saw, Mr. Sackett, for a variance in setback for an existing building on the west side of I-35. 14. Application of Mr. & Mrs.. Wolf for a special home occupation permit for dog breeding and for a conditional use permit to build a garage providing over 1.,000 square feet of garage space at 11850-210th Street. 15. Application of Mr. Baillf at 16890 Kenwood Trail for a conditional use permit to construct a garage with over 1,000 square feet of space within the Interstate Corridor District. zone. 16. Application of Mr. Matasosky far a variance in lot width, square footage, and conditional use permit to create two lots from Lot 4, Block 24, Lennihan"s Lots, Antlers Park. 17. Ordinance amending. the City Code, Title 5, Chapter 1, by deleting section 5-1-12-2B pertaining to dog kennels. 18. Application of Len Gray, d.b.a. Lakeville Superette, for a 3.2 off-sale beer license and a cigarette license. 19. Resolution authorizing liquor purchasing from Bellboy Corporation. 20a Approve ad for bids on project 83-6 and set a bid taking date. 21. Receive letter on the Job Training Partnership Act from .the City of Eagan. 22. Approval of an agreement with Eureka Township for fire fighting service. 23. Resolution increasing building permit fee schedule effective September 1, 1983. 24• Appro~ral of building and site plans for a new police station and final cost estimates, and authorize completion of the specifications. 25. Approve change order No. 2 on Project 82-1, 185th Street and Ipava Avenue, in the amount of $15,994. 26. Approval of a development agreement for Valley-Park 8th Addtion.,__ Phase 3-B. 27. Any other business. 28. Adjourn.