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HomeMy WebLinkAbout10-01-84 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 1, 1984 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: Nelson, Sindt, Harvey and Zaun. Absent: Enright. Also present: Patrick Farrell, City Attorney; Keith Nelson, Consulting City Engineer; James Robinette, Community Development Director; Patrick McGarvey, City Administrator/Clerk. STAFF ANNOUNCEMENTS: The city administrator advised the council of two other items under Other Business on the agenda and that final resolutions for the Star Tex and RJTP corporations industrial development revenue bonds would be on the October 9th special council meeting agenda for approval. CITIZEN COMMENTS: Mayor Zaun advised the council and staff of a call he had received in concern over the storm drainage situation in the area of 206th Street and asked the engineer to look into the matter. 84.485 Motion was made by Sindt, seconded by Nelson to approve the consent agenda items a-f. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Harvey. At this time Councilmember Enright arrived and took her chair. At this time Mr. Donald Cross addressed the city council concerning his application to have his property rezoned to R-A and presented to the council a letter from his neighbor, Mr. Carroll, indicating that the two parties had :reached an agreement on how Mr. Cross is to clean up and improve his property adjacent to Mr. Carroll's. Another neighbor of Mr. Cross was also present and raised concern about. the storm drainage pond on the west side of Mr. Cross's property. The city engineer explained that the pond may need improvement. for an outlet under Highway 50 and the railroad tracks in the future, and the council directed Mr. Nelson to look into the matter. 84.486 Motion was made by Enright, seconded by Nelson to adopt Ordinance No. 255 rezoning the property included in Mr. Cross's application from R-2 to R-A. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1984 At this time Mr. Zak Ibrahim addressed the city. council concerning his application for an on-sale liquor license and Sunday license. Mr. Patrick Farrell requested the council table this matter for a few minutes so that he could check the state statutes concerning citizen requirements for an on-sale liquor license. At this time Mr. Mike Nordstrom,. James Nunn .and Bill Ranek from the Burger King Corporation presented the final site and building plans for a new Burger King restaurant on the property presently occupied by the End Zone restaurant. They indicated that the development would be part of a PUD in conjunction with .the .remodeling of the Power Center property next to them and construction of a new motel on the property to the rear of theirs.. The sign plan for the Burger King facility was presented, and the gentlemen pointed out that the existing billboard, located adjacent to I-35 at the rear of their property, would be removed as part of their new sign plan. 84.487 Motion was made by Harvey, seconded by Nelson to approve a conditional use permit for construction of the Burger King restaurant and a variance to allow the installation of two pylon signs as per the sign plan submitted with the conditional use permit application. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time Mr. Bruce Bissonnette from the Barthel Construction Company presented the. plans for remodeling of the Power Center facility and construction. of a new motel on the property adjacent to the Burger King property. Mr. Bissonnette explained that the .final sign plan for the motel and Power. Center was not complete at this time. 84.488 Motion was made by Enright, seconded by Sindt to grant a conditional use planned unit development permit for the Power Center and motel complex and to approve a variance for the setback of the canopy over the fuel islands, subject to the requirement that the property owner sign the recently approved conditional use permit involving the Power Center for the issuance of this conditional use permit, and that the sign plan for the facility remains to be received and. approved by the city before permits for installation are authorized. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time Mr. Farrell advised the city council that state statute requires a liquor license holder to be a citizen of the United States. Mr. Farrell advised the council to issue the license for Zak's Restau- rant in the name of Mr. Ibrahim's wife, who is a citizen of the United States. 2 • ~ • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1984 84.489 Motion was made by Harvey, seconded by Nelson to grant an on-sale and Sunday sale liquor license in the name of Diane J. Ibrahim, subject to receipt of her. amended application. Roll call was taken on the motion. Ayes., Harvey, Nelson, Zaun, Sindt, Enright. At this time Mayor Zaun opened the public hearing on the assessments of the public improvements in Barren's First Addition, project 83-6. The city clerk attested to the .legal notice., and the city engineer pre- sented the project costs. There was no .one present. wishing to speak on the assessment roll. 84.490 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.491 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 84-129 approving the assessment roll for Barre n 's First .Addition. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time Mayor Zaun opened the public hearing on the assessment of the improvements for the Oakridge Heights addition, project 82-10. The city clerk attested to the legal notice. The city clerk presented a letter .from the developer .requesting that the council. table further consideration of the assessment roll until the October 9th special council. meeting so .that the .developer could present their concerns over the project costs. 84.492 Motion was made by Harvey, seconded by Sindt to table further consid- eration of the assessment roll for project 82-10 and continue the public hearing until the special council meeting on October 9,.1984. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time Mayor Zaun opened the public hearing on the assessment of Donnay's Valley Park 8th Addition, phase 3-B, improvement project 83-10. The city clerk. attested to the legal notice, and the city engineer presented the project costs. There was no one present wishing to speak on the assessment roll. 84.493 Motion was made by Sindt, seconded by Nelson to close the public hearing on project 83-10. 3 • • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1984 Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.494 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 84-130 approving the assessment roll on project 83-10. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time Mayor Zaun opened the .public hearing on the proposed use by the city .for the 1985 federal revenue sharing funds. There was no one present wishing to speak on the matter. 84.495 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call .was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.496 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 84-131 adopting the 1985 federal revenue .sharing fund budget. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.497 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 84-132 approving and adopting the 1985 general fund budget for the City of Lakeville. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.498 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 84-133 approving the 1984-85 tax levy for the City of Lakeville and authorizing. its submittal to the ..county auditor. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time the council discussed the staff recommendation for putting lights on the new water tower near I-35 and County Road 70 and the quote received from the contractor. The council felt that it would be in order to have additional quotes obtained from other. electrical contractors before acting on this proposal. 84.499 Motion was made by Sindt, seconded by Nelson to table action on the installation of lighting for the I-35 water tower until additional quotes can be obtained. Roll call was taken on the motion. Ayes, Harvey., Nelson, Zaun, Sindt, Enright. 4 • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1984 84.500 Motion was made by Enright, seconded by Nelson to .approve change order number two in the amount of $1,347 for work on the new police station, as recommended by the architect. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.501 Motion was made by Sindt, seconded by Harvey to approve a bingo license and waive the bond requirement for the McGuire Jr. High School PTSA. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.502 Motion was made by Nelson, seconded by Sindt to approve a raffle license and waive the bond requirement for the Burnsville Chamber of Commerce as per their application. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.503 Motion was made by Harvey, seconded by Nelson to approve a raffle license and waive the bond requirement for the Burnsville Athletic Club as per their application. Roll call was taken on the motion. Ayes., Enright, Harvey, Nelson, Zaun, Sindt. The city administrator advised the city. council on the status of the ambulance service from Devine Redeemer Hospital to Apple Valley, Lakeville and. Farmington, effective October 1. It was pointed out that the hospital had agreed.: to continue to provide .two. ambulances to serve the three cities during the month of October, and that they would be housed in the Apple Valley fire stations. Negotiations were still under way between .the cities and the hospital and with City of Burnsville officials over the future .service arrangement for the three cities, with the hopes that .the City of Burnsville will allow their system to provide some service, either to he entire .three cities or the west portion of Lakeville. Anew contract with Devine Redeemer Hospital will also have to be negotiated for the provision of one or two ambulances retroactive to October 1, 1984, by the three cities involved. 84.504 Motion was made by Harvey, seconded by Nelson to approve an extension in the contract .completion date to March 1, 1985, for the sanitary sewer rehabilitation project,. project 80-9. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 5 CITY OF LAKEVILLE COUNCIL MEETING October 1, 1984 84.505 Motion was made by Enright, seconded by Sindt to approve a draft of the procedure for complaints against police officers for the city of Lakeville as the official city policy in handling these matters of the department. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.506 Motion was made by Enright, seconded by Sindt to receive the bids for the telecommunications phone system for the new police station and table action on the bids until the October 15, 1984, council meeting, pending a recommendation from Mr. Hart, consultant to the city on the system. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.507 Motion was made by Harvey, seconded by Nelson to receive a petition from residents on 195th Street requesting a preliminary report on the installation of water and sanitary sewer utilities to serve their properties and authorize CED to prepare a preliminary report for a cost not to exceed $500. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.508 Motion was made by Sindt, seconded by Enright to approve the final payment on the contract for the Barrett's First addition improvements and accept the project No. 83-6. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.509 Motion was made by Harvey, seconded by Nelson to grant extension on the deadline for filing. the final plat for the Rock Ridge ..First Addition to December 3, 1984, as requested. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time Mr. Steve Grohoski addressed the city council over his concern involving the City of Lakeville's financial security require- menu on private developers for their installation of public improve- ments. The discussion with Mr. Grohoski,. the .city council. and staff lasted approximately 45 minutes. 6 • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1984 84.510 Motion was made by Harvey, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. Time: 9:55 p.m. Respectfully submitted, I Patrick E. McGarvey, City Cler .fLrL~t2,.ti~~- ~~e.~:.,,.~ Du ne Zaun, May r 7 ~ i CITY OF LAKEVILLE AGENDA COUNCIL MEETING OCTOBER 1, 1984 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 September 17, 1984, regular council meeting. b. Approval of the minutes of the September 24, 1984, special council meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. planning Commission, September 20, 1984 Park & Recreation Committee, September 19, 1984 Natural Resources Committee, September 18, 1984 Cable T.V. Board, September 18, 1984 e. Receive the report from the Lakeville Fire Relief Association for 1985 contributions. f. Approve the list of election judges for the November 6, 1984, general election. 5. Application of Cross Nurseries, Inc. to rezone from R-2, single family residential, to R-A, single family agricultural, their property at 19774 Kenwood Trail. 6. Public hearing on the application of Zak and Diane Ibrahim for an on-sale and Sunday sale liquor license for Zak's Restaurant at 8275-210th Street. CITY COUNCIL MEETING October 1, 1984 7. Application of Burger King for a conditional use permit for a drive-in convenience food establishment and variance for two freestanding signs on the site of the current End Zone Restaurant at the intersection of I-35 and State Trunk Highway 50. 8. Application of Barthel Construction, Inc. (Gerald Bowen, owner) for a conditional use permit, Planned Unit Development for a motel and convenience store on one site, and a variance for canopy setback, located on the present Power_Center site near the intersection of I-35 and State Trunk Highway 50. 9. Public hearing on the assessment of Improvement Project No. 83-6, Barrett's First Addition. a. Attest to the legal notice. b. Presentation of the project costs and assessments. c. Questions and comments. d. Motion to close the public hearing. e. Resolution adopting the assessment roll. 10. Public hearing on the assessment of Improvement Project No. 82-10, Oakridge Heights. a. Attest to the legal notice. b. Presentation of the project costs and assessments. c. Questions and comments. d. Motion to close the public hearing. e. Resolution adopting the assessment roll. 11. Public hearing on the assessment of Improvement Project No. 83-10, Donnay's Valley Park 8th Addition, phase 3-B. a. Attest to the legal notice. b. Presentation of the project costs and assessments. c. Questions and comments. d. Motion to close the public hearing. e. Resolution adopting the assessment roll. 12. Public hearing on the use of Federal Revenue Sharing funds during 1985 and resolution adopting the 1985 Federal Revenue Sharing Budget. 13. Resolution adopting the 1985 General Fund Operating Budget for the City. 14. Resolution adopting the 1984-85 tax levy for the City. 15. Change order adding lighting to the. water project near I-35 and County Road 70. 16. Change order Number 2 for work required in the new police station, $1,347.00 17. Approval of a bingo license for the McGuire Jr. High P.T.S.A. 2 • • CITY COUNCIL MEETING October 1, 1984 18. Approval of a raffle license for the Burnsville Chamber of Commerce. 19. Approval of a raffle license for the Burnsville Athletic Club. 20. Ambulance service agreement status report and recommendation. 21. Approval of an extension in the completion date for the sewer rehabili- tation project to March 1, 1985. 22. Approval of procedure for complaints against police officers. 23. Receive bids and recommendations on the telecommunications system for the new police station. 24. Receive petition from residents on 195th Street requesting public utilities, and authorize C.E.D. to prepare a preliminary engineering report. 25. Any other business. 26. Adjourn. 3