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HomeMy WebLinkAbout06-03-85 i ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 The meeting was called to order by Mayor Zaun at 7:00 p.m. 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; James Robinette, Community Development Director; Patrick McGarvey, City Administrator/Clerk. Staff Announcements: The city administrator advised the council of items coming up under Other Business on the council agenda. Citizen Comments: Mayor Zaun advised the council that he had received several calls from residents in the Valley Park area concerning the use of dirt bikes on private property by youngsters. The mayor requested the chief of police write a memo to the council advising everyone of the policy the city presently uses and the state statutes and ordi- nances that govern the situation. The council discussed the memo, and the consensus was to have the police department enforce the laws concerning the use of dirt bikes in accordance with the chief's memo dated May 31, 1985. Councilman Harvey removed Item 4a from the consent agenda. 85.240. Motion was made by Harvey, seconded by Sindt to approve the consent agenda items 4b through 4h. (Council Consent Agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.241 Motion was made by Harvey, seconded by Nelson to approve the council minutes of the May 20th meeting with two corrections. Roll call was taken on the motion. Ayes, Zaun, Enright, Harvey, Nelson. Sindt abstained as she was absent from the meeting. At this time the city staff presented the recommendations from the Natural Resources Committee of the. city to the council concerning the request to use chemical treatment to remove weeds from areas of Orchard Lake. Correspondence from the Minnesota Department of Natural Re- sources on the matter was also presented, which indicated the depart- ment did not look favorably on the use of chemicals for as large an area as was being .requested. 4 ~ ' • • CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 85.242 Motion was made by Harvey, seconded by Enright to accept the recommenda tion of the Natural Resources Committee that no city financial participation be made for the use of chemical treatment to remove weeds from Orchard Lake. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.243 Motion was made by Nelson, seconded by Sindt to adopt Ordinance No. 271 rezoning the Samuel Testa property from R-2 to R-6, as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. At this time the city council took up consideration of the conditional use permit requested by the Grist Mill. The council members questioned a representative from the company present concerning the plans to complete the parking lot expansion improvements necessary to serve the company. It was agreed between the company official and the city council that all work on the installation of the tanks plus the parking lot and site improvements would be completed within 15U days from approval of the conditional use permit. 85.244 Motion was made by Harvey, seconded by Nelson to approve a conditional use permit for the Grist Mill with a change in the condition that all work on the site improvements, including parking lot paving, and the installation of tanks must be completed within 15U days from the date of issuance of the conditional use permit by the City. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.245 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 85-43 vacating an easement on lot 11, block 1, of Overland Addition, now a part of the LakeVale Townhomes plat. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time Mayor Zaun opened the public hearing on the proposed improvement of Junelle Path from 175th Street to 173rd Street and the improvement of 173rd Street from Junelle Path to Kenrick Avenue, including the installation of utilities. The city clerk attested to the legal notice. Mr. Keith Nelson presented slides showing the project area, location of the various improvements, and cost estimates. The city administrator explained that the reason for the report was that the City needed to 2 i r • CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 know the cost so the property owners in the area could be appraised of the improvement costs their land would need in order to accommodate commercial development which is projected for the area. Mr. Nelson indicated that the. proposed street would be 40 feet wide with concrete curb and gutter and a nine ton capacity design. Mr. Nelson also indicated that the estimated cost for a 1985 project would be $27.35 for sanitary sewer, $26.00 for water and $57.60 per front foot for the streets. At this time the mayor opened the meeting for questions and comments from the audience. Dan Gossard asked the engineer about how sewer would be extended easterly along 175th Street to serve that area, and Mr. Nelson ex- plained how that would be done. Mr. Lynn Peterson expressed a need for the road and indicated that Paul Krause was probably in favor of it also for the parcel of property he owns in the area. Mrs. Mae Walsh asked about the improvement costs to her property located on the south side of 175th Street and indicated she had concern about the costs and how it would effect the sale of her property. Mr. Inouye was present and indicated that he did not wish to have. assessments on his property at this time, which is being used for residential. Two other ladies present indicated that at the present time their property had no commercial development plans, and they dial not wish to have the assessments because of it at this time. They presented two written letters to the City in objection to the project. 85.246 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.247 Motion was made by Harvey, seconded by Sindt to receive the letters from the property owners concerning the project and place them on file. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 3 . CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 The city administrator advised the council that it might be in order for the council to deny a portion of the proposed utility and street improvements along Junelle Path from 175th Street to 173rd Street and on 173rd Street from Junelle Path to Kenrick Avenue, but to leave open for the time being the option of installing sanitary sewer and water utilities along a portion of 175th Street until a future council meeting. 85.248 Motion was made by Enright, seconded by Nelson to deny the proposed project improvements except for the extension of the water and sanitary sewer along 175th Street. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.249 Motion was made by Harvey, seconded by Sindt to table a decision on the proposed utilities along 175th Street until the July 1st council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.250 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 272 on amending the zoning ordinance as it pertains to the shoreland requirements, as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time the city council took up consideration. of agreements with Credit River Township and Brackett's Crossing for the improvement of Judicial Road north from 185th Street to the Brackett's Crossing parking Iot. Mr. Robert Nicholas, attorney representing Credit River Township, was present and addressed the City Council concerning the concerns of the town board as to future costs. The city administrator placed figures on the drawing board in the council chamber indicating how the estimated 1986 assessments would be paid if the project were ordered given the discussion occurring at the meeting between the town board, Brackett's Crossing officials and the City Council. Those estimates were $380 from Credit River to the City of Lakeville, $4,833 from Brackett's Crossing for the property in Credit River Township not paid by the township government or the property owners, $1,824 for the property in the City of Lakeville owned by Bracken 's Crossing and $3,389 from the City of Lakeville for the deferred assessment on the Bartelds property in the City of Lakeville. The administrator pointed out that these are estimated figures which are subject to change given the final project cost if the project is ordered in. 4 CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 Mr. Nicholas indicated that he needed to have some changes made in the joint powers agreement between the city and township and asked to have the matter tabled to allow the two attorneys to work out the wording of the agreement. 85.251 Motion was made by Sindt, seconded by Harvey to table the matter to the June lU, 1985, special council meeting for further consideration. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.252 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 85-44 authorizing the issuance, sale and delivery of the City of Lakeville, Minnesota, Commercial Development Revenue Bonds for the I-35/Lakeville Limited Partnership project in the principal amount of $3,060,000. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.253 Motion was made by Enright, seconded by Sindt to approve easement settlements on parcels number 319, 320, 321 and 318 as recommended by the city attorney, subject to the property owners signing all of the necessary easement agreements, for the Highway 50/County Road 5 project and authorize the mayor and clerk to execute them and approve payment. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.254 Motion was made by Harvey, seconded by Sindt to receive the bids for the public improvements in the SouthFork Village plat, project 85-2, and table award of the contract until the developer informs the City the development is ready to proceed. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.255 Motion was .made by Nelson, seconded by Harvey to authorize the staff to contact BRW Architects of Minneapolis for a written proposal for their services to design an 80' x 100' cold storage addition to the city maintenance building, and authorize the preparation of plans and specifications for taking bids on the project once the council has approved the agreement with the architectural firm. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At .this time the city administrator presented the results of soil borings taken by the city on the Wicklund property and the Pastoret property located on the north and south sides of 176th street, both parcels of which were being considered for a possible fire station 5 • CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 location. The soils tests indicated that a considerable amount of poor soil exists in portions of each parcel of property, and the estimated cost by the city engineer to remove and replace the soils on each parcel was approximately $50,000 each. Based on this information and the estimated cost for acquiring the property from the owners, it was the consensus of the council to look at other possible sites in the vicinity, especially along 175th Street east of Highway 50. 85.256 Motion was made by Harvey, seconded by Enright to authorize the city staff to continue negotiations on the possible purchase of afire station location site on one of the four quadrants at the corner of 175th Street and Junelle Path and report back to the City Council. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time the City Council took up consideration of an addendum to the ambulance agreement between the cities of Apple Valley, Farmington, and Lakeville as recommended by the city attorney. 85.257 Motion was made by Harvey, seconded by Enright to approve the addendum to the ambulance agreement with the cities of Apple Valley and Farm- ington and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.258 Motion was made by Sindt, seconded by Enright to table consideration of the final plan review for phase two of North Creek Mobile Home Park until it is ready for council consideration. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.259 Motion was made by Sindt, seconded by Harvey to approve the purchase of one utility van truck from Smith GMC in Apple Valley for the utility department as per the low quote in the amount of $8,671.86. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.260 Motion was made by Harvey, seconded by Sindt to authorize and direct the city attorney to prepare an ordinance amending the zoning ordinance concerning the inspection of the installation of mobile homes in mobile home parks and the condition when they are sold. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 6 CITY OF T.AKFVILLE COUNCIL MEETING JUNE 3, 1985 At this time the City Council reviewed the proposed check list of the city staff and the comments received from the operator and sponsor for a benefit rodeo to be conducted during Pan-O-Prog in the Airlake Industrial Park. It was determined that the sponsor had to comply with the City's stipulations for conducting the event at the site. 85.261 Motion was made by Enright, seconded by Harvey to approve the operation of a rodeo on July 4th and 5th in Airlake Industrial Park and the conditions as set forth dated June 3, 1985. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. .85.262 Motion was made by Sindt, seconded by Harvey to approve and authorize the mayor and clerk to execute a contract with Apple Valley Painting in the amount of $1,186 for painting on the liquor store number one building. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.263 Motion was made by Enright, seconded by Sindt to approve a minor variance in the rear yard setback of less than two feet to Owobopte Industries as per the survey and building plan submitted. Roll call was taken on the motion. Ayes, Enright, Nelson, Zaun, Sindt. Nays, Harvey. 85.264 Motion was made by Nelson, seconded by Enright to authorize and direct the chief of police and police department to enforce the state and city laws and department policy on the operation of dirt bikes as outlined in the chief's report to the council dated May 31, 1985. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time, council member Enright had to leave the meeting. 85.265 Motion was made by Nelson, seconded by Sindt to extend the council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun. Mr. Louie Helkenn addressed the City Council concerning his complaints on the work being done in the Rolling Oaks plat and the location of a sewer manhole near his property. The council directed the city engineer to investigate the matter the next day with Mr. Helkenn. 85.266 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. 7 . ~ i ~ i CITY OF LAKEVILLE COUNCIL MEETING JUNE 3, 1985 Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt. Time: 10:43 p.m. Respectfully ~ubmitted~, atrick E. McGarvey, Ci y lerk Du a Zaun, M r 8 CITY OF LAKEVILLE AGENDA COUNCIL MEETING JUNE 3, 1985 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 May 20, 1985, council meeting. b. Approval of the minutes of the May 29, 1985, special council meeting/Board of Review. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings. Natural Resources Committee, May 21, 1985 Planning Commission, May 16, 1985 e. Appointment to the Park and Recreation Committee. f. Call a public hearing for the assessment of public improvements in the Lakevale Townhomes Second Addition for July 1, 1985. g. Approval of storm sewer credits for Dodd Pointe 1st Addition. h. Receive the 1985 1st quarter report from the Fire Department. 5. Report and recommendation from the Natural Resources Committee on use of chemicals to remove weeds in Orchard Lake. 6. Application of Samuel F. Testa for rezoning from R-2, single family residential, to R-6, medium density residential district, on land on which a single family home and a four-plex currently exist at 20442 Icalee Path. 7. Application of the Grist Mill for a conditional use permit to construct exterior liquid sugar storage tanks at 21405 Hamburg Avenue. CITY COUNCIL AGENDA . ~ June 3, 1985 8. Resolution vacating a dedicated 50 foot drainage easement as platted on lot 11, block 1, Overland Addition. 9. Public hearing on the proposed improvement of Junelle Path from 175th Street to 173rd Street and 173rd Street from Junelle Path to Kenrick Avenue. a. Attest to legal notice. b. Presentation of the project. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution order, or denying, the project. 10. Application of the City of Lakeville for amending the zoning ordinance, section 47, pertaining to the shoreland district. 11. Consideration of ordering, or denying, the improvement of Judicial Road from 185th Street (Minnreg Road) north to Brackett's Crossing. a. Agreement with Credit River Township for their cost participation in the project. b. Agreement with Brackett's Crossing for their cost participation in the project. c. Resolution ordering, or denying, the project. 12. Resolution of final approval on the industrial development revenue bonds for I-35/Lakeville Limited Partnership for the Thrifty Scott Motel project. 13. Approval of settlements with the owners of parcels numbers 318, 319, 320, 321, 301 and 302 on the easements necessary for the Highway 50/County Road 5 project. 14. Receive bids and recommendations on the public improvements for the SouthFork Village plat, Project 85-2. 15. Approval for preparation of plans and specifications for a cold storage addition to the city maintenance garage. 16. Receive report on the site acquisition for a branch fire station in the northwest area of Lakeville. a. Authorization to negotiate a purchase agreement on one or more parcels of land near Highway 50. 17. Approval of the revised joint powers agreement with Apple Valley and Farmington for operating of the ambulance system. 18. Final plan review for phase two of the North Creek Mobile Home Park. 2 CITY COUNCIL AGENDA , June 3, 1985 19. Approve purchase of one truck for the utility department. 20. Approval of staff recommendation for enforcement of inspection of mobile home installations in the mobile home parks. 21. Any other business. 22. Adjourn. 3