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HomeMy WebLinkAbout09-16-85 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 1985 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; James Robinette, Community Development Director; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The city administrator advised the council of several other items of business under Other Business, Item 416. Tim Menning appeared before the city council with a proclamation for Kids N' Kinship Week. 85.385 Motion was made by Harvey, seconded by Nelson to issue the proclamation for Kids N' Kinship Week. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. Citizen comments: There were none. Council member Sindt removed the claims for payment from the consent agenda. 85.386 Motion was made by Sindt, seconded by Nelson to approve the consent agenda with the exception of Item ~~5 (d), claims for payment. (Council Consent Agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.387 Motion was made by Enright, seconded by Harvey to approve the claims for payment except the claim for the microwave at the Lakeville liquor store pending information from the liquor store manager on the reason for the purchase of it. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, Mr. Eldon Fossum and Frank Kriz presented the preliminary and final plat for approval of the Marion Hills First Addition. The city administrator brought up the need for some additional right-of-way along the west side of Trunk Highway 50. It was agreed that outlot C would be amended to provide an additional 27 feet of right-of-way dedicated to public use on the west side of Trunk Highway 50. . ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING September 16, 1985 Discussion also occurred on the need to keep the culverts cleaned out under 196th and 199th Streets. Councilman Harvey also pointed out that the development should include a provision for drain the if necessary. ' 85.388 Motion was made by Enright, seconded by Sindt to direct the city engineer to prepare a report on the road elevation needs, culvert sizes and drainage needs to serve storm drainage in a proper fashion in this .area. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.389 Motion was made by Harvey, seconded by Enright to approve the prelimi- nary plat and adopt Resolution No. 85-72 approving the final plat of Marion Hills First Addition, with the amendment to outlot C stated above, and Resolution No. 85-73 vacating the existing street right- of-way in the vicinity of Jersey Avenue and Upper 199th Way, and approving a variance in the length of the cul-de-sac, further stipu- lating that the developer provide a site grading plan and vegetation plan and be required to install drain the where it may be necessary to adequately control ground water from an adverse effect on the street or plat, if necessary, and authorize the mayor and clerk to execute the development agreement. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, Mr. Bill Macklin, attorney for Jerry Tongen, presented a request for variances from 50% decorative building material on Mr. Tongen's building expansion at the former Lakeville police station site and a request for a 30 foot setback, square footage variance and a variance from the roof pitch to construct a 2,000 square foot storage building at 8815 - 209th Street West. 85.390 Motion was made by Sindt, seconded by Nelson to approve the variance in the roof pitch as requested and for the setback variance and square footage as requested, due to the location of the property next to similar type of construction. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.391 Motion was made by Harvey, seconded by Sindt to deny the request for a variance in the requirement for 50% of the walls to be covered with decorative material due to a lack of a hardship, and because other property in the area is developing that meets this ordinance require- went. 2 r r ' 4 • • CITY OF LAKEVILLE COUNCIL MEETING September 16, 1985 Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time, the city council and staff discussed a proposed ordinance revising the zoning ordinance pertaining to Section 34, R-MH Mobile Home Park District, having to do with establishing a 55 foot wide lot to accommodate units up to 16 feet in width and adding requirements for accessory building construction in mobile home parks. After discussing the ordinance, it was apparent that the sections pertaining to the revisions for additions to mobile homes, such as decks or additional rooms, needed to be clarified. 85.392 Motion was made by Harvey, seconded by Sindt to refer the ordinance back to the city staff for clarification and to present it at the next council meeting. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.393 Motion was made by Harvey, seconded by Enright to table consideration of the phase two plans and development agreement for the North Creek Mobile Home Park, as they were not ready for council action. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun. Sindt, temporarily absent. At this time, Mayor Zaun took up the proposed Lakeville H.R.A.'s I-35 redevelopment project No. 2 and tax increment financing plan for the area on each side of I-35 and 162nd Street to south of Highway 50. The city administrator advised the council that the hearing should be rescheduled for the October 7th council meeting, due to a defect in the published notice stating that the hearing was being conducted by the Lakeville H.R.A. when, in fact, it should have said the hearing was to be conducted by the Lakeville City Council. 85.394 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 85-76(A) calling a public hearing on the Lakeville H.R.A.'s I-35 redevelopment project No. 2 and tax increment financing plan for October 7, 1985, at 9:00 p.m. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, Mr. Jerry Shannon from Springsted, Inc. presented the bids received on the $1.3 million G.O. water revenue refunding bonds, series 1985A and made a recommendation. Mr. Shannon indicated that the refunding bonds would result in a net savings of $154,000 on the interest the city would have paid on the bonds being refunded. 3 CITY OF LAKEVILLE COUNCIL MEETING September 16, 1985 85.395 Motion was made by Harvey, seconded by Sindt to adopt Resolution No. 85-7/+ awarding the sale of the $1.3 million general obligation water refunding bonds, series 1985A. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. At this time, Ms. Del Edwards from Goodwill Industries and the city staff presented an application on behalf of the City of Lakeville, Apple Valley and Rosemount for funds from Dakota County to operate a Goodwill recycling center at the site of the former Apple Valley treatment plan in northeast Lakeville. 85.396 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 85-75 approving the City of Lakeville's portion of the application to Dakota County for funding for a Goodwill recycling center as proposed. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.397 Motion was made by Nelson, seconded by Enright to extend the council meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.398 Motion was made by Nelson, seconded by Enright to adopt Resolution No. 85-76 approving the city submittal of the 1986 through 1990 Municipal State Aid Street System Plan and authorizing it to be sent to the Minnesota Department of Transportation. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.399 Motion was made by Sindt, seconded by Nelson to approve the city's request to Dakota County for the Dakota County Five Year Capital Improvement Plan, if they add a condition that if the proposed overpass on County Road 46 over I-35 is to be funded, the city expects the project to include ramps on the north side on to and off of I-35. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, the city staff presented a request for change order No. 1 on project 84-17, which would provide for an asphalt driveway from 210th Street to the County Road 70 water tower as a means of preventing some erosion problems along the driveway. 85.400 Motion was made by Enright, seconded by Nelson to approve change order number one on project No. 84-17, providing for an asphalt driveway from 210th Street to the County Road 70 water tower. 4 • t • ~ • CITY OF LAKEVILLE COUNCIL MEETING September 16, 1985 Roll call was taken on the motion. Ayes, Nelson, Enright. Nays, Zaun, Sindt, Harvey. 85.401 Motion was made by Enright, seconded by Sindt to approve change order No. 2 with Lakeville Electric on the phase four liquor store remodeling project. Roll call was taken on the motion. Ayes, Sindt, Enright, Nelson, Zaun. Nays, Harvey. 85.402 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 85-77 approving plans and specifications and authorize the taking of bids at 10:00 a.m. on October 17, 1985, for the Clay's Acres improve- ment project 85-9. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.403 Motion was made by Harvey, seconded by Nelson to adopt Resolutions No. 85-78, 85-79 and 85-80 calling public hearings for assessments at the October 7, 1985, council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.404 Motion was made by Sindt, seconded by Harvey to nominate Patrick McGarvey, City Administrator, for consideration of appointment to a vacancy on the Association of Metropolitan Municipalities Board of Directors. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.405 Motion was made by Enright, seconded by Sindt to approve an easement agreement with Mr. & Mrs. William Goodman on the Upper 206th Street project and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.406 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 85-81 approving the final plat and preliminary plat of the Charles McCarty resubdivision, and approve the conditional use permit for construction of a mini-storage facility east of Kenrick Avenue and north of 165th Street, and authorizing the mayor and clerk to execute the development agreement. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun. Nays, Sindt. 5 • ..-i , S CITY OF LAKEVILLE COUNCIL MEETING September 16, 1985 The council directed the staff to look into the operation of Colleen's Discount Carpets located on Holt Avenue for compliance with the zoning ordinance. The city administrator advised the council that the city attorney was nearing agreement with the Hammer families for settlement of the easement acquisition for the Lake Marion outlet control project across their property and for including some additional land in the easement to accommodate a public trail in the easement. Negotiations had resulted in the possibility of the city acquiring additional easement right-of-way at a cost of $6,500 per acre. 85.407 Motion was made by Enright, seconded by Sindt to approve acquiring the additional easement right-of-way as presented by the city attorney and city administrator. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.408 Motion was made by Enright, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. Time: 11:23 p.m. Respectfully submitted, Patrick E. McGarvey, City Clerk Du ne Zaun, y r 6 ,r CITY OF LAKEVILLE AGENDA COUNCIL MEETING SEPTEMBER 16, 1985 7:00 P.M. Call to order.. Flag pledge. 1. Roll call. 2. Staff announcements A. Attorney B. Engineer C. Administrator 3. Proclamation by the mayor for Kids-'N-Kinship Week, September 22-29. 4. Citizen comments. 5. Consent agenda. a. Approve the minutes of the September 3, 1985, council meeting. b. Approve the minutes of the August 29, 1985, special council meeting. c. Approve the minutes of the September 9, 1985, special council meeting. d. Approve the claims for payment. e. Receive the minutes of the following advisory committee meetings. Planning Commission, September 5, 1985 Park & Recreation Committee, September 4, 1985 Natural Resources Committee, September 3, 1985 6. Application of Eldon Fossum for preliminary and final plat approval for Marion Hills First Addition, variance from cul-de-sac length require- ments, and vacation of existing street right-of-way in the vicinity of Jersey Avenue and Upper 196th Way. 7. Application of Jerry L. Tongen for variances from requirements of 50% decorative material on building, 30 foot setback, square footage and roof pitch in order to construct a 2,000 square foot storage building inside a fenced area at .8815 209th Street West. 8. Application of the City of Lakeville for a revision to the Zoning Ordinance, Section 34, R-MH, Mobile Home Park District, having to do with mobile home site size standards and accessory building require- ments. Y • • CITY COUNCIL AGENDA September 16, 1985 9. Approval of the phase two site plans and development agreement for the North Creek Mobile Home Park. 10. Public hearing on the Lakeville H.R.A.'s I-35 Redevelopment Project No. 2 and Tax Increment Financing Plan on each side of I-35 from 162nd Street to south of Highway 50. a. Presentation of the plan. b. Questions and comments. c. Motion to close, or continue, the hearing. d. Resolution approving the I-35 Redevelopment Project No. 2. 11. Receive bids on the $1,300,000 General Obligation Water Revenue Re- funding Bonds, Series 1985A, and recommendation. a. Resolution awarding the sale of the bonds. 12. Approval of the application of the City of Lakeville to Dakota County for funding for the Goodwill Recycling Center on the east side of Pilot Knob Road. 13. Adopt resolution approving the municipal state aid street five year capital improvements plan. 14. Approve request to Dakota County for the capital improvements five year plan for Lakeville projects. 15. Approve change order number one on project No. 84-17 for asphalt on the driveway to the County Road 70 water tower. 16. Any other business. 17. Adjourn. 2 ~ ~ ~ • < CITY COUNCIL AGENDA SEPTEMBER 16, 1985 16. ANY OTHER BUSINESS. A) Change order No. 2 with Lakeville Electric on phase four liquor .store remodeling. B) Approve plans and specifications and set a bid date on Clays Acres project 85-9. C) Adopt resolutions setting assessment hearings for October 7-th. D) Nomination to the A.M.M. Board. E) Approval of an easement agreement on Upper 206th Street project. F) Application of Charles McCarty for re-subdivision consolidating 5 lots, creating one lot and one outlot, and a conditional use permit for construction of a mini storage facility east of Kenrck Avenue and north of 165th Street.