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HomeMy WebLinkAbout07-02-84 ~ • • s CITY OF LAKEVILLE COUNCIL MEETING JULY 2, 1984 The meeting was cal ed to_order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to_the flag. was. given. Ro11 call was. taken. Present: Council members Nel on, Zaun:, Sindt, Enright, and .Harvey.. Also present; Darrell Schneider and Gary Warren from Consulting Engineers Diversified, Inc.; Mary Vujovch from the City Attorney's office; James .Robinette, Community Development Director; Patrick McGarvey, Ciay Administrator/Clerk; Greg Grose, Assistant Chief of Police and Richard Radermacher, Chief of .Police.. Staff announcements: The city administrator advised the council that that there.. would. be five items brought up under Other Business, and that one of_the two exterior signs on .the. City Ha11 was now in .place. Citizen comments: There were .none. Mayor .Zaun advised the council that-he_had received a call from Mr. Sather concerning another sanitary sewer backup into his house due to a lift station malfunction. 84.337 Motion was made-by Enright, seconded by Sindt to approve the consent agenda items. Roll call was taken on the motion. Ayes, Nelson,. Zaun, Sndt, Enright,. Harvey. At this time Mr. Glen Klotz presented his request for approval of creating two lots.on he south. shore.. of Orchard .Lake. ..between Orchard Lake and 175th Street and his request .for variances. in the lot area., front, side ..and rear yard setbacks under .the R-1 zoning and shoreland ordinance. Mr. Klotz argued .that the .two new lots. would still be larger than the existing property as_it is presently platted, which consists of five small lots, He also argued that. the lots would be equal to many of the lots around Orchard Lake an size and setback. The city administrator explained that the council would need to either rezone the property .into a single family zoning district .with-a leaser lot size requirement than the R-1 zoning district or possibly amend Section 11 of the zoning ordinance to provide for variances in either many of the single family .zoning districts or only in the R-1 and R-2 .zoning districts, which are also within the_shoreland district. A draft of an ordinance was discussed, . • • • Councilman Harvey stated that he felt the issue was an economic issue, and that because of that there. is no jus ification under the present ordinance for a variance request for the. proposed two .lots. Council member Sindt stated that_she did not agree.-with all of the suggested provisions in the proposed draft ordinance .amending Sec ion 11 of the .zoning ordinance. Other council. members ..felt that .there was sufficient ..reason for a possible ordinance amendment to_a11ow lots with less size and/or setback in the single family zoning districts that are also within the shoreland district. 84.338 Motion was. made by Enright, seconded. by Nelson to grant a variance for one house to be built on .the proper y wi h aside yard_setback_minimum of 10 feet on the west. side, rear .yard of _45 feet, and a front yard of 25 .feet. The council discussed the motion, and_it was pointed out to the applicant that he would need. to proceed at .his own risk as to whether or not he may ever get,_a second lot and variances to build on it. Afterdiscussion, Council member Enright.. and Councilman Nelson withdrew their motion 84.339 Motion was made. by Enright, seconded by Nelson to refer the draft of the proposed ordinance .amendment to Section 11 concerning variances for lots in the R-1 or_R-2 district .and. the_shoreland district to the Planning Gommission, with the direction to conduct a public hearing on the proposed ordnance on July 18,.1984,. and make a recommendation to the City Council. Roll. call was taken on the motion,.. Ayes, Zaun, Sindt, Enright., Nelson. Nays, Harvey. 84.340 Motion was made by Sindt, seconded by_Enright to table Mr. Klotz's application until the council reeeves_the recommendation on the proposed draft ordinance.. Roll call was taken on .the motion, Ayes., Sindt, Enright, Harvey, Nelson, Zaun. At this time Mr. Robert Freegard was present to present the final .plat for Mr. Linder' Dodd Ridge .addition. 84.341 Motion was made by Sindt, seconded by Harvey_to adopt Resolution No. $4-90 approving the .final plat.of Dodd_Ridge addition and authorizing the mayor and clerk to .execute .the development agreement, subject to the developer executing it and providing the. necessary. financial security for it. Roll call was taken on the motion. Ayes., Enright, Harvey., Nelson, Zaun, Sindt. At this time Mr. Maynard Johnson presented the preliminary and final plat of Toro First Addition, consisting of one l5-acre lot on the east side of Cedar Avenue south of Highway 50. Mr. Johnson explained that Watkins Pattern Company would_be constructing the building and be 2 . • • • leasing it to the .Toro Corporation, and that. there. may be a second and third phase in the near future for,addi ions to the property .and buildings for the Toro Company. 84.342 Motion was made by Enright, seconded by Nelson to approve the prelimi- nary plat and.. adopt Resolution No. 84-91 approving_the_fnal plat of Toro First Addition and_approvng a minor. comprehensive. plan amendment to include .the. addition into the 1990 Urban Service Area_and authoriz- ing the mayor .and ..clerk to execute ..the development agreement for the plan. Roll call was taken on the motion.. Ayes,. Harvey,_Nelson, Zaun., Sindt, .Enright. At this time Mayor Zaun opened. the public hearing on the Lakeville H.R.A.'s proposal .for .establishment of Redevelopment. District and Tax Increment Financing Plan No. 1 for Toro .First Addition. The city clerk attested to the legal notice. Mr. Johnson explained the first, second and third phasing plans for the Toro Company to lease buildings in ..Lakeville for .their operation... He indicated the first phase would be a 150,000 foot building;. and that in the future, there would be a second phase of approximately 100,000 square feet and a hird phase of another 100.,000 square feet. Depend- . ing upon when and how the company_sells facilities in other communi- ties, these future phases would be moved to Lakeville with the possi- bility of up to 200 to 250 jobs associated at the facility with the ..Toro Company.. There was no one else present wishing to speak on the project. 84.343 Motion was made by Harvey, seconded by Enright to close the public hearing on the Toro First Addition tax increment plan. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.344 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 84-92 approving .the redevelopment district and tax. .increment financing plan for Toro 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 extension of utilities from 204th.and 205th Street .intersections west_ o Kenrick Avenue, south on Kenrick Avenue to County Road 70, easterly on County Road 70 and .also within he McStop Addition .:plat and for the extension of water along Dodd Road from 205th. Street to 210th. .Street. The city clerk attested to the .legal notice .and explained why there is another hearing on this project at this time.. It was pointed out that the reason for the hearing is. that the figure .presented in the previous hearing in March had been an error on the. cost of the project, and it had been brought to the city's attention by the bond_ attorney. 3 • • i Mr. Lynn Neumann asked about the proposed deferment policy for the improvements on assessments against the benefited property. The city administrator explained. that the council's policy adopted back in March was that when the assessment hearing is held later in .1984 for the project, assessments would be made on the unplatted and .undeveloped parcels of property, but the payment on the principal and interest would be deferred until and unless the property is platted or a structure is built on the property which connects to and. uses the utility systems. The deferment on the interest would be until the property is platted or 'the systems are connected to. Mr. Norbert Jensen asked how much his assessment would be for the 600 to 700 feet of property he owns along the east side of Dodd Road for the water system extension. The city administrator explained that it might be possible to assess Mr. Jensen for an equivalent of a single family lot and then defer the assessment on the remaining property he owns until it is platted or hooks on to the .utility system. It would be impossible at this time to subdivide the property into smaller lots, since this property does not have sanitary sewer. now. Councilman Nelson pointed out that the city may face a problem in assessing only a portion of the property now, because the law may prohibit any deferred assessment or future assessment then for this project. There was no one else present wishing to comment or ask questions on the project. 84.345 .Motion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.346 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 84-93 ordering improvement projects 83-9, 83-14 and 84-6. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.347 Motion was made by Sindt, seconded by Enright to approve the on-sale 3.2 beer license and wine license for Zak Ibrahim dba Zak's Restaurant at 8275-210th Street. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.348 Motion was made by Enright, seconded by Sindt to approve the on and off-sale 3.2 beer license for Timothy D. Anderson dba Mr. D's Plaza Pizza at 17400 Kenwood Trail. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. The city council reviewed with staff the two agreements with the City of Farmington concerning the purchase of equipment for a new two-way radio communication system and for a joint powers dispatching service agreement between the two cities. 4 i • Y • • • 84.349 Motion .was made by Sindt, seconded by Harvey to :approve the ..two-way radio communication system equipment agreement between the City of Lakeville and the City of Farmington and authorize the mayor and. clerk. to execute_it. Roll .call was. taken on the motion.. Ayes, Zaun, Sindt, Enright, Harvey., Nelson. 84.350 Motion was made by Harvey, seconded by Nelson to :approve. the dispatch- ing service agreement with the City of Farmington. and authorize the mayor and clerk to execute it. Roll .call was taken_on the motion. .Ayes., Sindt, Enright, Harvey, .Nelson, Zaun. 84.351 Motion was made by Enright, seconded by Sindt to_approve change order number one to Richard Knutson, Inc. on .projects 83-9,..83-14 and 84-6. Roll call was taken on the motion. Ayes., Enright, Harvey, Nelson, Zaun, Sindt. Mr. Gary Warren from C.E.D presented to the council the bids .received on the pumphouse_number seven and his recommendation for award of the contract to Richarr Construction, Inc., in the amount of $194,750.. 84.352 Motion was made by Enright, seconded by Ne son to _adopt Resolution No. 84-.94_awarding the contract to Richaar Construction, Inc. on pumphouse number seven in the amount of $194,750, with. the under tanding that the ..fourth option consisting of a temporary water pressure capacity system may be eliminated from the contract by the city,_depending on the progress of the construction of the elevated tower on .County Road 70. Roll call was _taken on the motion.. Aye , Nelson, Zaun,_Sindt, Enright, Harvey. 84.353 Motion was made by Sindt, seconded by Harvey to authorize Consulting Engineers Diversified to prepare plans_and.specifications on project 84-9, which. is improvements for the South Creek plat. Roll call was ..taken on the motion. Ayes, Zaun,...Sindt, Enright, Harvey, Nelson.. The council received a_preliminary report from C.E.D. for sanitary sewer and storm ,sewer _improvements_in_the vicinity of Upper 206th Street and the.. proposed .rate of assessment and assessment roll. 84.354 Motion was made by Sindt, seconded by_Harvey to .adopt Resolution No. 84-95 receiving the preliminary. report from. Consulting Engineers Diversified and calling a public..improvement.hearing for storm sewer near Upper 206th Street for August 6, 1984, at 7:00 p.m. Roll call was taken on the .motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 5 i • ~ . ~ The city council took up consideration of the proposed assessment agreement agreement wi h Lakeville Development Company for. Mr. .Brad Johnson requesting assessment of the six city unit. water and sanitary sewer connection charges for his building being under construction at the northeast corner of Holt Avenue and 210th Street. It was .pointed out that. the present city code....allows city unit connection charges to be .assessed in multiple dwelling projects if there are 10 units or more. In order to approve the agreement., the ordinance would need .to be amended to allow .for. assessment of six. or .more units.. The council_members felt that the smaller projects should find it possible to pay the connection charges when the .permits are taken .out. 8.4.355 Motion_was made by Sindt, seconded by Harvey to :not approve and authorize the mayor .and clerk to execute the .proposed assessment agreement with Lakeville Development, Inc. for the six unit connection charges. Roll call was. taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time Mr. Leonard Bentson appeared before the city .council with an offer to sell one-half .acre. of land he owns adjacent to the_city parking lot at Antlers .Park .for $10.,00:0.. Mr. Bentson stated he felt it would be of benefi to the city for expansion of the parking lot, and that he is willing-to e11-the property to the city on a contract over a period of .time, with interest. 84.356 Motion was made by Sindt, seconded by Nelson. to direct the staff to look into the need for and possible purchase of the one-half ..acre of .land-from Mr. Bentson and have the Fark & Recreation Committee study the matter and.make a .recommendation t.o the. council.. Roll call was .taken. on the motion. Ayes.,. Enright, .Harvey, Nelson, Zaun, Sindt. At .this time, Ms. Mary Vujovich reviewed easements acquired from property owners for the extension of city .utilities .along 205th Street, Kenrick Avenue .and :County Road 70 and recommend council approval of the .easements. 84.357 Motion was made by Harvey, seconded by Sindt to approve the easements as recommended by Ms. Yujovich and authorize the mayor and clerk to execute. them for the city. Roll call was oaken on the motion.. Ayes, Harvey, Nelson, Zaun, Sindt, .Enright. 84.358 Motion was made by Enright, seconded by Sindt to authorize participati- on with the Metropolitan Area Management Association for_the joint effort to obtain an appropriate consultant for the comparable worth study required by state law of cities .and their positions_to study positions for determining comparable worth_in pay, and authorize payment of $~00 to MAMA for the initial work toward preparing specifi- cations to retain a consultant. 6 i • • Roll call was taken on the motion. Ayes, Nelson, Zaun,_ Sindt, Enright, Harvey. 84.359 Motion was made by Harvey, seconded by Nelson to approve an extension in the contract completion.date with Bergerson Caswell for drilling well number seven to July 21, 1.984., as recommended by the city engi- Weer. Roll .call was taken on the motion. ..Ayes, Zaun,. Sindt, Enright, Harvey, Nelson. 84.360 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 84-96 authorizing the mayor and clerk to execute a cooperative agree- ment with the Lakeville H.R.A. on the I-35/County. Road 70 increment .project. Roll .call. was taken on the. motion.. Ayes.,. Sindt, Enright, Harvey., Nelson, .Zaun.. The council discussed the. memo from the city administrator concerning the DCA Stanton report on the_position_class3fications_and salary structure for non-contract .positions with the city.. The personnel committee decided to meet at 6:00 p.m._on ,Tuly 9,.1984, at_City Hall; and the council will-have a work session on the report beginning at 7:00 p.m. on July 9, 1984, at City Hall. 84.361 Motion was made by Sind t, seconded by Nelson to adjourn the council meeting. Roll call was .taken on .the motion.:. Ayes,. Enright., Harvey., Nelson, Zaun., Sindt. Time: 9:42 p.m. Respe ull_ subm ed tr ck E. McGar ey, City .Clerk _ ~.C ~ Dt ane Zaun, M o~ 7 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING JULY 2, 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 June 18, 1984, council meeting. b. Approval of the claims for payment. c. Receive minutes of the following advisory committee meetings. Planning Commission, June 7 & 21, 1984 Natural Resources Committee, June 19, 1984 Park & Recreation Committee, June 20,1 984 d. Resolution authorizing liquor to be purchased from Bellboy Corporation and providing a letter of credit. e. Receive the Lakeville Fire Department Relief Association financial report for 1983. 5. Application of Glen Klotz for variances in front, side and rear setbacks on two proposed lots to be established from Lots 1 thru 5, Block 4, Lyndale Lakes Club 1st Addition, and for a variance in lot size. 6. Approval of the preliminary and final plat of Toro First Addition Airlake Industrial Park and a minor comprehensive plan change to include the plat in the 1990 urban service area. 7. Public hearing on the redevelopment district and tax increment financing plan for Toro First Addition. a. Resolution approving the plan. i • • COUNCIL AGENDA (CONT.) July 2, 1984 8. .Public hearing on the extension of sanitary sewer and water utility lines along County Road 64 west from 204th Street to Kenrick Avenue, south on Kenrick to County Road 70, and east on County Road 70; and water on Dodd Road south from 207th Street to 210th. Street. a. Attest to the legal notice. b. Presentation of the project by the city engineer. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution approving, or denying, the project. 9. Application of Zak Ibrahim for a 3.2 beer license and a wine license for a restaurant at 8275 - 210th Street. 10. Application. of Timothy D. Anderson for an on and off-sale 3.2 beer license and a wine license at 17400 Kenwood Trail for Mr. D's Plaza Pizza. 11. Review of agreements with the City of Farmington for purchase of a two-way radio communications system. and for dispatching service from the City of Lakeville. a. Approval of the two-way radio communications system equipment agreement. b. Approval of the dispatching .service agreement. 12. Approval of change order number one to Richard Knutson, Inc. on I-35 utility system extension projects. 13. Receive bids on pumphouse number seven and recommendation from the city engineer. a. Resolution awarding the contract. 14. Receive preliminary report from C.E.D. on the sanitary sewer and storm drainage improvements near the South Creek plat and east of 208th and 206th Streets. a. Authorization to prepare plans and specifications and to combine projects 83-9 and 83-11 into one project. 15. Approval of a special .assessment agreement with Lakeville Develop- ment Company for unit connection charges for a six unit building at the corner of Holt Avenue and 210th Street. 16. Any other business. 17. Adjourn. 2