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HomeMy WebLinkAbout06-20-83 ` t ` ~ 5 ' CITY OF LAKEVILLE COUNCIL MEETING June 20, 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: James Robinette, Community Development Directory Keith. Nelson, City Engineer; Roger Knutson, City Attorney; Patrick McGarvey, City Administrator/Clerk. Staff announcements: There were none. Citizen comments; A representative from Aid Association for Lutherans addressed the City Council and requested the council waive the license fee for a raffle to be conducted for Tom Gillard to help support his medical expenses to a recent severe injury, The City Council discussed the policy to date of not waiving the license fees, although many had been requested to be waived. The city attorney advised the council that an anonymous doner would pay the $50 fee for Aid Association for Lutherans for this cause. 83,225 Motion was made by Sindt, seconded by Enright to waive the band and approve the raffle license for Aid Association for Lutherans for Tom Gillard. Roll call was taken on the motion, Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.226 Motion was made by Enright, seconded by Nelson to approve the consent agenda as amended, .removing the Public Building Committee meeting minutes, as they were not available, and including the June 16,.1983 Planning Commmission minutese a. Approval of the minutes of the Board of Review meeting on June 1, 1983. b. Approval of the minutes of June 6, 1983. c. Receive advisory committee minutes. d. Receive annual report of Lakeville tax increment financing district. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. .83.227 Motion was made by Nelson, seconded by Sindt to approve the conditional use permit for Robert Grossman for garage space over 1,000 square feet in size with conditions as recommended by the Planning Commission and consultant, and grant a variance for a five foot sideyard setback due to topography, Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.228 Motion was made by Enright, seconded by Nelson to approve the preliminary plat of Foxborough 2nd Addition as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. _1_ • • • CITY OF LAKEVILLE COUNCIL MEETING June 20, 1983. 83.229 Motion was made by Sindt, seconded by Nelson to table the request for re- zoning of lots in Foxborough 2nd Addition to R-3 until the date that final plat approval is considered. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.230 Motion was made by Nelson, seconded. by Enright to approve the preliminary plat of Cedar Highlands 3rd and 4th Addition and adopt Resolution No. 83-61 approving the final plat of Cedar Highlands 3rd and 4th Addition and authorize the mayor and clerk to execute the development contract, contingent upon the legal description being corrected as recommended by the city attorney.. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time the mayox opened the public hearing on the proposed sale of 2.6 million dollars in industrial revenue bonds for Cedar 70 Business Park, Phase 2. Ms. Cleo Rasmussen from the firm of Miller & Schroeder advised the council that there are a total of four buildings involved in .phase 2 construction. There was nobody present wishing to speak on the matter in .the audience. 83.231: 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. 83.232 Motion was made by Enright, seconded by Nelson to adopt Resolution Na. 83-62 approving the sale of $2m6 million industrial revenue bonds for Cedar 70 Business Park, Phase 2, Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mayor Zaun opened the public hearing on the renewal of the set-up license for the Sea Girt Tnn for Marilyn Ries. There was no one present wishing to comment on the matter. 83.233 Motion was made by Harvey, seconded by Enright to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83.234 Motion was made by Enright, seconded by Harvey to grant approval of the set- up license to Marilyn Ries doing business at the Sea Girt Tnn. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, the City Council took up matters continued from the .7une 1, 1983 Board of Review meetings Mr, Seymour Olson, llakota County Assessor, and his. staff members were present,. as .well as several citizens wishing to address the council concerning property assessment. -2- CITY OF LAKEVILLE COUNCIL MEETING June 20, 1983 The first matter involved the request of Barbara Ke11y and other property owners involved in or near the proposed sludge ash site in Lakeville requesting the council to either lower their market value or declare the property exempt from taxes due to the effect the proposed siting of sludge ash has had on the value of .their land. The city attorney advised the council that they had no legal authority at this time under Minnesota Statute to make the property tax exempt. The county assessor advised the council that if the property owners could submit written proof that the property has declined in value based on proposed sale prices being rejected, they may be able to take that into account. 83.235 Motion was made by Sind.t, seconded by Harvey to resolve that the City Council recommends that property in the City of Lakeville considered for sludge ash siting be reduced in the market value, and that the County Board, sitting as the County Board of Review, consider reducing the property in accordance with evidence submitted by the property owners in or near the proposed site. ~ < Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey.. At this time, Mr. Baillif presented :his arguments to the City Council on why his property should. be valued at $62,480 market value rather than $65,900, as proposed by the county assessor. 83.236 Motion was made by Enright, seconded by Sindt to deny Mr. Baillif's request to set the market value. at $62,480. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time, Mrs.Sterry argued that her home should have. a market value of $166,000 compared to the county assessor's recommendation of .$183., 300. She gave reasons as to why she felt her value is the one that should be used. 83.237 Motion was made by Harvey, seconded. by Enright to deny the request to set. the market value at $166,000 for property owned by Mrs. Sterry. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mr. May, who lives at 17870 Irons Court, figured that his property shoved be set at $110,000 market value rather than the $117,300 as recommended by the county assessor. 83.238 Motion was made by Sindt, seconded by Enright to deny. the request of Mr. May to set his market value at $110,000. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time, Mr. Roger Gibb, at 9880 Iteri Court W., argued that there had been a 400 square .foot error in the computation of the size of his house, and .there should be corresponding reduction at what he felt was the rate of $40.75. -3- • • • ' CITY OF LAKEVILLE COUNCIL MEETING June 20, 1983 The county assessor agreed that there had been an error and they would be willing to reconsider. 83.239 Motion was made by Nelson, seconded by Enright, to deny the request to reduce it in the amount of 400 square feet times $40.75 and recommend the county assessor give the matter further review with the property owner. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. Mr. Cartright, 17655 Isleton Avenue W., argued that the market value should be reduced to $100,000 from the $104,700 proposed by the county assessor. 83.240 Motion was made by Enright, seconded by Harvey to deny the request to reduce the market value on Mr. Cartright's property. Roll call was taken on the motion. Ayes., Nelson, Zaun, Sindt, Enright, Harvey. Mrs. Klapp, at 16508 Kingsley. Court, raised a question concerning the land value placed an their property and felt it should be $6,000 less. The county assessor gave comparables for sales recently indicating the land value and home value were consistent with similar parcels recently sold.. in Lakeville. 83.241 Motion was made by Harvey, seconded by Enright to deny the request of Mrs. Klapp to reduce the land value on their property. Roll call was taken on the motion. Ayes, Zuan, Sindt, Enright, Harvey, Nelson. Mr. Barnett, at 19760 Java Path, argued that his property should be reduced in value. 83,242 Motion was made by Enright, seconded by Sndt to deny the request pending further review by the county assessor. due to land values being considered of similar properties in recent sales. Ro11 call. was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83,.243 Motion was made by Enright, seconded by Harvey to approve a permit to the Pan-O-Prog Board of Directors to conduct a power boat race on July 10, 1983 on Lake Marion, with recommendation that the board use extreme oars due to the high level of the lake. Roll. call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt, 83,244 Motion. was. made by Nelson, seconded by Sindt to adopt Resolution No. 83-63 approving the final plat of Barrett First Addition and authorizing the mayor and clerk to execute the development contract and also authorize C.E.D. to prepare plans & specifications far improvements in the first addition. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. -4- . • ! • CITY OF LAKEVILLE COUNCIL MEETING June 20,.1983 At this. time, the city administrator advised the city council on the .status of negotiations to acquire a site for the proposed Lakeville senior citizen housing project. The administrator advised the council that negotiations had been conducted with two property owners in downtown Lakeville, Lakeville Center, Inc. and Despatch Industries. Lakeville Center, Inc. was offering a vacant site at the southeast corner of 207th Street and Holt Avenue and .were asking $222,000. Despatch Industries were offering a vacant .site on the west side of Holyoke Avenue between 208th and 209th Street, and were asking $3.95 per square foot for the approximately 42,800 square foot parcel of land. Mr. Victor Kohlnhofer was present representing Lakeville Center and indicated to the council that the $222,000 was their. asking price. Mr. John Allyn, Plant Manager for Despatch Industries in Lakeville, was present and indicated they would sell the parcel, and the company was asking $3.95 per square foot. Mr. Tony Feleceta of the Community Development Corporation of the Archdiocese of St. Paul, addressed the council and stated that he had used both sites and that the corporation favored the Holt site as the best one to meet HUD qualifications. The city administrator advised the council that a legal suit had been filed before the Minnesota Supreme Court questioning whether o~ not these type of buildings should pay property taxes. The administrator advised the council that there may be no tax increment forthcaming from the building if approved, .depending on how the suit is settled. The administrator advised the council that it .would be necessary for the city council to either reach an agreed upon purchase price with one of the two property owners or-adopt a resolution authorizing condemnation of one of the sites at the council meeting so that the Community Development Corpor- ation could shota HUD that they would have eventual control of the site if the project is approved® Mayor Zaun asked the city attorney to explain how the condemnation process works, and Roger Knutson explained the process for the council and audience. The consensus of the council members was that of the two vacant sites in downtown Lakeville, the site at the corner of Holt Avenue r%ras the best one in terms of long range city planning and was the best possibility for getting the project approved by HUD.. 83.245 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 83-64 authorizing condemnation for property described in Exhibit A to the resolution. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. -5- • i • CITY OF LAKEVILLE COUNCIL MEETING June 20, 1983 83.246 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 83-65 recommiting the City of Lakeville to accepting a low or moderate family. housing project when funds are available from HUD. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.247 Motion was made by Nelson, seconded by Sindt to extend the council meeting beyond the 10:30 adjournment time. Roll. call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.248 Motion was-made by Harvey, seconded by Enright to call a public hearing for July 5, 1983 council meeting on the proposed improvement to LacLavon Drive, Resolution No. 83-66. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83.249 Motion was made by Nelson, seconded by Sindt to approve the registration of title on property of Barbara Jean Bartelds as recommended by a letter from Mary Vujovich of the City Attorney's office dated May 2, 1983. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.254 Motion was made by Nelson, seconded by Harvey to approve and authorize purchase orders for painting on the exterior of Fire Station ~E2 and for installation of curtains on the windows as per recommendation of the .fire chief, based on quotations received. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.251 Motion was made by Nelson, seconded by Sindt to authorize and direct the city administrator to send comments to the Metropolitan Council concerning the proposed relocation of the Lakeville Post Office in accordance with the recommendations made to the. City Council by the administrator. Roll call was taken an the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.252 Motion was made by Sindt, seconded by Enright to receive the preliminary repor t on the Valley Park 8th Addition, phase 3B, improvements. Ro11 call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.253 Motion was made by Nelson, seconded by Harvey to approve and waive the bond for a raffle license for the Girl Scouts and deny the request to waive the fee. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time, the City. Finance Director, Dennis Feller, and the Liquor Store Manager, Dan Crowell, were present and presented a report to the council recommending the city purchase cash registers and .join the LOGIS accounting system for liquor inventory control. The council discussed the -6- w ~ • ~ • CITY OF LAKEVILLE COUNCIL MEETING June 20, 1983 report and decided to refer it to the Liquor Store Committee for further recommendation after study, 83.254 Motion was made by Harvey,. seconded by Enright to table the matter. and refer it to the Liquor Store Committee for recommendation back to the City Council. Ro11 call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.255 Motion was made by Sindt, seconded by Nelson to approve a bingo license for the Lakeville Lions and waive the bond requirement. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. .83.,256 Motion was made by Enright, seconded by Harvey to approve a raffle license for the Lakeville Athletic Association and waive the bond requirement. Roll call was taken nn the motion.. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 8.3.257 Motion was made by Enright, seconded by Sindt to approve the claims for payment, subject to review of the gas bills. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun 83.258 Motion was made by Enright, seconded by Nelson to authorize Ackerberg & Associates to do preliminary plans on remodeling of the on-sale bar. area for improvements to the bar and installation of a small kitchen for the service of food at the liquor store. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83.25` Motion was made by Nelson,, seconded by Enright to adjourn the council meeting. Roll call was taken on th-e motion. Ayes, Harvey, Nelson., Zaun, Sindt, Enright. Time. -11:15 p.m, Respectfully submitted, r Patrick E, McGarvey, City Clerk Duane Zaun, r -7- • • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING June 20, 1983 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 Board of Review meeting on June 1, 1983. b. Approval of the minutes of the June 6, 1983 meeting. c. Receive the minutes of the following advisory committee meetings. Planning Commission, June 2, 1983 Public Building Committee, June 9, 1983 d. Receive the annual report of the Lakeville tax increment financing district. 5. Application of .Robert Grossman for a conditional use permit for garage space over 1,000 square feet.. in size at 16172 Keystone Court. 6. Application of Northland Mortgage Company for a preliminary plat approval for Foxborough Second Addition located west of Cedar Avenue, and for rezoning of the lots from R-2, single family, to R-3, high density single family. 7. Application of Earl Hohag for approval of the preliminary and final plat of Cedar Highlands 3rd and 4th Additions and the development contract. 8. Public hearing. on the application of Cedar 70 Business Park for an industrial revenue bond in the amount of $2,600,000 far phase two of the business park, consisting of two office-warehouse buildings. 9. Public hearing on the application of Marilyn Ries for a renewal of the set--up license, effective July 1, 1983, at the Sea Girt Inn. 10. Action by the City Council on matters continued by the council as the Board of Review from June 1, 1983. • • • CITY COUNCIL AGENDA .June 20, 1983 -2- 11. Approval of a permit to the Pan-O-frog Board for a power boat race on Lake Marion on July 10, 19.83. 12. Approval of the final plat and development contract for Barrett's First Addition, and authorize the city engineer to prepare plans and specifications. 13. Approval of an option contract and purchase agreement fora site far a senior citizen apartment building. 14. Set a public hearing on the proposed improvement of LacLavon Drive (Crystal Lake .Road) north from County Road 46 to the city boundary with Burnsville. 15. Approval of a registration of title action on property of Barbara Jean Bartelds. 16. Receive quotes and authorize painting and installation of curtains at Fire Station No. 2. 17. Any other business:. 18. Adjourn.