Loading...
HomeMy WebLinkAbout04-16-84 • x~ < ~ CITY OF LAKEVILLE COUNCIL MEETING APRIL 16, 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:. Council members Nelson, Sindt, Enright, Harvey, and Mayor Zaun. Also present: Roger Knutson, City Attorney; Keith Nelson, City Engineer; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The city engineer advised the council to remove Item 4(f) from the consent agenda, as the developer had decided to make the improvements himself in the Meadows West Addition. The city administrator advised the council. that five items would be brought up under Other_Business on the. council agenda. Citizen Comments: Mayor Zaun recognized Mr. John Gardner who explained the problem he had concerning the sodding. on his property as a result of a city improvement project at 12220 West 175th Street. Mayor Zaun directed the city engineer to look into the matter and rectify it. 84.182 Motion. was made by Enright, seconded by Nelson to approve the consent agenda items 4(a) through 4(e). Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time Mayor Zaun acknowledged receipt of a petition and several letters from residents in the area of the Queen .Ann Mobile Home Park concerning their opposition to the proposed rezoning of the park property to allow expansion of the mobile home park. .84.183 Motion was made by Harvey, seconded by Sindt to acknowledge receipt of the letters from the citizens and a getition in regard to the Queen Ann Mobile Home Park application. Roll call was taken on the motion. Ayes, Zaun., Sindt, Enright, Harvey, Nelson. At this time Mayor Zaun recognized Mr. Don Hess, consultant for the applicant for Queen Ann, and advised Mr. Hess that his comments should be directed toward the .major question of, what is the highest and best use for the property involved. ' • • ~ CITY OF LAKEVILLE COUNCIL MEETING April 16, 1984 Mr. Hess presented drawings and information on the present occupants of the Queen Ann Park and how the expansion of the park for mobile homes would be, in his opinion, a satisfactory interim future development of the property. Councilman Harvey asked the staff why the application hearing notice was for a rezoning from B-4 to R-MH, rather than a conditional use permit under the ICD zoning. The staff advised the. council that the change was made :because .the ..ICD corridor does not .cover all of the property involved and a question of the. land use for a mobile home park was more directly addressed. for a clearer public understanding by a change. to R-MH zoning. Mayor Zaun asked each council member if they had any comments concerning what. they felt was the highest and best use of this property and when. Each council member stated that they felt .the time had arrived in Lakeville where this property was in an area where development is very likely to occur on a very permanent and. substantial basis, and that to consider it for development as an interim use would. not be appropriate. At this time, Mayor Zaun read the findings of fact prepared by the city attorney .involving the rejection of the rezoning request, as recommended by the Planning Commission. 84.184 Motion was. made by .Enright, seconded by Sindt to adopt the findings of fact and to deny the request for rezoning from B-4 to R-MH on the Queen Ann property. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mr. Brad Johnson appeared before the City Council to explain his proposal to remove one single family house and construct a multiple dwelling unit at the northeast corner of Holt Avenue and 210th Street. 84.185 Motion. was made by Nelson, seconded by Sindt to adopt Ordinance No. 242 rezoning the property from B-4 to R-6 and to approve a planned unit development conditional use permit for the construction of the multiple dwelling unit as recommended by the Planning Commission. Roll call was taken on the motion. .Ayes, Enright, Harvey, Nelson, Zaun, Sindt._ At this time, Nancy Schauer presented her application to the council concerning a request fora special .home occupation permit for a beauty salon at 18246. Italy Avenue. 2 • • CITY OF LAKEVILLE COUNCIL MEETING - April 16, 1984 84.186 Motion was made by Harvey, seconded by Enright to approve a special home occupation permit subject to_the conditions outlined in "the planner's report for Nancy Schauer at .the above address. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 84.187 Motion was made by Enright, seconded by Harvey to approve the vacation of a street. dedicated to the .city in the Lyndale Lakes Club 1st Addition plat and named Valley View Place., located along the south shore of Orchard Lake on the land hereinafter described located between blocks 3 and 4 of ..Lyndale Lakes Club lst Addition from 175th Street going north by adopting Resolution. No. 84-57, subject to Hilla and Wurdeman executing easements to the city in the area being vacated. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time, representatives from the Farmington Congregation of Jehovah's Witnesses presented their site plan and building plans for a conditional use permit to build a church on the west side of Cedar Avenue north of 210th. Street. The representatives indicated that the church would be a wood frame building with a brick exterior and would have an asphalt paved parking lot. 84.188 Motion was made by Harvey, seconded by Sindt to grant the conditional use permit to .the Farmington Congregation of Jehovah's Witnesses for the construction of a church in accordance with the plans approved by the city and recommendations of the Planning Commission. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time, Mr. James Hill, consultant for. the developer in the Dodd Pointe plat, presented the preliminary plat to the council and explained the .request for a PUD conditional use .permit for variances in the side. yard. setbacks. down to a minimum of .seven feet on each side. The city attorney explained that the actual. rezoning of the property would: not occur until. the final .plat.. is ready for approval by the City Council. 84.189 Motion was made by Sindt, seconded by Enright to approve the prelimi- nary plat of Dodd Pointe and the planned unit development conditional use permit for the plat. Roll call was taken on the. motion.. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 3 • CITY OF LAKEVILLE COUNCIL MEETING . April 16, 1984 At this time, Mayor Zaun read the proposed ordinance which would institute a_moratorium on the .construction of metal buildings with more than 10 percent of the vertical siding in metal and any area in the ICD corridor zoning district or any. other business districts. The groposed ordinance would institute the moratorium up to August 1, 1984. The council discussed. the .proposed ordinance .with citizens present, some of whom had concerns .and objections to a moratorium or_future controls on the location. of these .type of buildings in the city. After discussion, the consensus of the .council was to change the date for the conclusion_of the moratorium in this ordinance from August .1st to July 1st, 1984. 84.190 Motion was made by Harvey,. seconded by Nelson to adopt Ordinance No. 241 instituting a moratorium on the construction of metal. buildings. Roll call was taken on the motion. .Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.191 Motion was made by Zaun, seconded by Nelson to reconsider the .conditional use permit for Mrs. Alice Rohleder to enlarge the operation in her barn for horses. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, Mr. Bill Hassing, attorney representing Mrs. Rohleder, addressed the City Council concerning the additional conditions and explained that the applicant believes the facility can handle more than 66 horses, but that they would accept a condition with a limit of 66. 84.192 Motion was made by Zaun to .grant a conditional use permit to Mrs. Rohleder as drafted, with the limit placed at 50 horses. The motion died for lack of a second. 84.193 .After considerable discussion, a motion was made by Sindt, seconded by Zaun to approve a conditional. use .permit to Mrs. Alice Rohleder with the limit of horses or animals placed at 60. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright. Nays, Harvey. At this time, Mr._Steve Johnson appeared before the City Council concerning his_.request for approval to pay .off his ..assessment on the 175th Street utility and street improvement project without interest within 30 days of April 9, 1984, due to his lack of receiving legal notice for the hearing in September of 1983 because of a county error in changing his address,. which was acknowledged by a letter from .Dakota County. 4 • • - CITY OF LAKEVILLE COUNCIL MEETING - April 16, .1984 84.194 Motion was made by Nelson, seconded by Harvey to adopt Resolution No. 84-52 concerning the ..abatement. of the assessment to Steve Johnson. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time, the City Council took up consideration. of the 1984/88 capital improvements program. Councilman Harvey raised concern over the continued use of .equipment certificates and .the need to scale back possibly some of the items in the budget document in future years under this category. The staff was directed to take a look at amending the 1984 .purchase of_the_loader for the street department from a new .unit to a used unit at the next work session. 84..195 Motion was made by Harvey, seconded by Enright to .adopt Resolution No. 84-53 adopting the 1984/88 Capital Improvements Program. Roll call was taken. on the motion.. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.196 Motion was made by Harvey, seconded by Nelson to direct the staff to take a look at the future use of equipment. certificates for discus- sion by the council at the April 23, 1984, council work session. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.197 Motion was made by Sindt, seconded by Harvey to approve and authorize the sale of food and liquor at the Lakeville Municipal Liquor Store No. 1 on-sale on .Sundays with the hours of operation. to be not sooner than 10:00 a.m. nor later than 12:00 midnight. .Roll call was taken on the motion.. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.198 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 243 amending the zoning. ordinance pertaining to the keeping of animals in the city. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, Ms. Nancy Moore was .present before the City Council concerning her application to transfer the non-.intoxicating malt liquor on and off sale licenses to her establishment doing business as the Lakeville Bowl. 84.199 Motion was made by Harvey, seconded by Sindt to approve the transfer of the non-intoxicating malt liquor license for on and off sale to Nancy Moore dba the Lakeville Bowl.. 5 t . • • - CITY OF LAKEVILLE COUNCIL MEETING April 16, 1984 Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 84.200 Motion was made by Harvey, seconded by Nelson to approve a raffle license and waive the bond for the Lakeville Girl Scouts. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.201 Motion was made by Sindt, seconded by Enright to approve a bingo license and. waive the bond for the Orchard Lake PTO. Roll call was .taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 84.202 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 84-55 defining the duties and responsibilities of the Economic Development Commission of the City of Lakeville, and to appoint Jack Berdan, Cecil Pogatchnik and .Steve Grohoski to a one .year term and Brigitte Pascutoi, Maynard Johnson, Bill Macklin and Mick Tingelhoff to two year terms on the Economic Development Commission. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 84.203 Motion was made by Sindt, seconded by Enright to approve and author- ize the filing of an application for a LAWCON/LCMR grant for funds for improvements to Antlers Park. Roll call was taken on the motion. Ayes, Harvey,. Nelson, Zaun, Sindt, Enright. 84.204 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 84-56 approving an agreement with the State of .Minnesota to receive an intoxilyzer 5000 model breath test instrument on a loan basis. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey, 84.205 Motion was made by Enright, seconded by Nelson to approve the donation of $50 in non-intoxicating merchandise from Lakeville liquor stores to the 1984 Lakeville High School graduation party committee. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 84.206 Motion was made by Nelson, seconded by Harvey to approve a raffle license and waive the bond for the Pan-O-Prog Spring. Fling. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 6 • • • ~ CITY OF LAKEVILLE COUNCIL MEETING April 16, 1984 84.207 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes,. Enright, Harvey, Nelson, Zaun, Sindt. Time: 9:37 p.m. Respe ul ~ sub tted, atrick E. MeG rvey, City Cler Dua a Zaun, Ma 7 • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING APRIL 16, 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 March 22, 1984, special council meeting. b. Approval of the minutes of the April 2, 1984, council meeting. c. Approval of the minutes of the April 9, 1984, special council meeting. d. Approval of the claims for payment. e. Receive the minutes of the following advisory committee meetings. Planning Commission, April 5, 1984 Park & Recreation Committee, April 4, 1984 Natural Resources Committee, April 3 , 1984 Cable T.V. Board, April 10, 1984 f. Authorize a preliminary engineering report for Meadows West. 5. Application of Queen Anne Courts for rezoning from B-4, General Business to R-MH, Mobile Home Park and for development approval for the expansion of Queen Anne Park. 6. Application of Lakeville Development Co. for a subdivision, planned unit development conditional use permit and rezoning from B-4 to R-6 for multiple housing in the vicinity of Holt Avenue and Highway 50. 7. Application of Nancy Schauer for a special home occupation permit to set up a beauty salon at 18246 Italy Avenue. ' •l ' ~ • • CITY COUNCIL AGENDA -i~ APRIL 16, 1984 8. Application of Oswald Wurdeman Trust for the vacation of the street dedicated to the city in the Lyndale Lakes Club First Addition plat and named Valley View Place. 9. Application of Farmington Cong. Jehovah's Witnesses for a conditional use permit to build a church on Cedar Avenue north of 210th Street. 10. Application of Frank Blumberg for a preliminary plat, Dodd Pointe, located east of Valley Park 8th Addition. 11. Adoption of an ordinance instituting a moratorium on the construction of metal buildings with over ten percent of vertical outside surface in the ICD district and all business zoning districts in the city. 12. Reconsider the conditional use permit for Alice Rohleder for the operation of a commercial horse stable on the east side of Judicial Road. 13. Resolution abating assessment and adopting new assessment roll on tax parcel number 22-46900-070-04. 14. Resolution adopting the 1984-88 Capital Improvements Program. 15. Resolution authorizing the Sunday sale of liquor at the on-sale liquor store and setting the hours. 16. Adopt ordinance amending the zoning ordinance pertaining to the keeping of animals in the city. 17. Approval of the transfer of the non-intoxicating malt liquor license to Nancy Moore, d.b.a. the Lakeville Bowl, and calling of a public hearing on her application for a bottle club license to serve set-ups. 18. Application of the Lakeville Girl Scouts for a raffle license. 19. Application of the Orchard Lake PTO for a bingo license. 20. Any other business. 21. Adjourn. 2