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HomeMy WebLinkAbout09-03-85 L ~ t 4 • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 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 four items to be taken up under Other Business. Citizen comments. There were none. 85.373 Motion was made by Harvey, seconded by Enright to include on the consent agenda item ~~9 on the agenda. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.374 Motion was made by Enright, seconded by Sindt to approve the consent agenda items as amended. (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. 85.375 Motion was made by Harvey, seconded by Nelson to adopt Ordinance No. 279 rezoning Outlot A of Oak Shores 3rd Addition from R-2, Single Family Residential, to R-4, Single and Two-family Residential. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time, the council took up consideration of the application of Delta Action Corporation for rezoning property from R-2, Residential, to B-4, General Business, and Interstate Corridor District north of 165th Street and east of Kenrick Avenue. Mr. George Bond from the corporation was present at the meeting. The staff pointed out that the draft of the agreement indicated a deadline for cleaning up the site and making improvements associated with the clean-up shown as September 1, 1985. Mr. Bond was asked what the new date could be for him to meet, and he indicated October 1, 1985. The city administrator also pointed out that the agreement required an Exhibit "A", that being a site plan for the area of the V • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 1985 property to be enclosed to provide screening for any outside storage of equipment or materials. Mr. Bond indicated he would have Exhibit "A" to the city within two weeks. 85.376 Motion was made by Enright, seconded by Sindt to approve the agreement with Mr. Bond and the other parties associated with the property and authorize the mayor and clerk to execute it subject to receipt of the required Exhibit "A" and the changing of the deadline for the clean-up of the property from September 1, 1985, to October 1, 1985, and to adopt Ordinance No. 280 rezoning the property. Roll call was taken on the motion. Ayes, Enright, Nelson, Zaun, Sindt. Nays, Harvey. Councilman Harvey voted "no" because he felt the matter should be pursued even more aggressively in terms of getting the property redeveloped. 85.377 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 281 amending the zoning ordinance, section 11.5, pertaining to setback exceptions. 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 improvement of Flagstaff Avenue south of Dodd Boulevard. The city clerk attested to the legal notice. Mr. Keith Nelson presented slides showing the project area, the scope of the project and the estimated cost. He indicated the proposed street would be 36 feet wide, nine ton design with concrete curb and gutter. He indicated the concrete curb and gutter were necessary to accommodate the storm drainage along the project and minimize the amount of additional right-of-way necessary to meet state-aid street construction standards. He also showed a slide of the estimated project cost and indicated that there were approximately 5,341 front feet of property to be assessed at a 1985 rate of $28.75 per foot, which would most likely be increased by five percent if assessed in 1986. The city administrator indicated that the assessment period would be 20 years, and that the estimated interest rate would be around 10 percent on the unpaid principal. The first year's interest includes an additional three months. At this time the mayor opened the meeting for questions and comments. Mr. John McBreen, an attorney representing Dale Harris, asked the council to consider a deferment for three to five years on the property Mr. Harris owns and is still farming on the east side of Flagstaff Avenue. 2 `M • ~ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 1985 Mr. Gerald Bedeaux asked why the need for curb and gutter and indicated he did not need a $14,000 road improvement for his property. Mr. Nelson indicated the curb and gutter was needed for storm drainage and to meet state aid construction standards, because the curb and gutter section can be built in a narrower right-of-way than the rural design. Mr. Vern Linder spoke in favor of the project and the need for it to help sales in his subdivision now under development on the east side of Flagstaff Avenue. Mr. Bill Harris and his wife both spoke in favor of the project. It was also stated that a bike path should be included on a portion of the project on the west side between 169th Street and Finch to accommo- date access to the city park. At this time the city administrator advised the council that the staff is working on a new Minnesota State Aid five year plan for the City of Lakeville and also requests to be included in the Dakota County five year capital improvement plan as they affect the City of .Lakeville. He indicated the council might want to consider tabling action on this proposed improvement until it can be studied and ranked with other projects in these five year plans. 85.378 Motion was made by Harvey,. seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.379 Motion was made by Sindt, seconded by Enright to table further consid- eration on ordering this project until the October 21, 1985,. council meeting. Roll. call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. At this time the city council reviewed the agreement with Mr. George Warweg and his mother concerning the acquisition of new right-of-way for the relocation of Indra Way between County Road 64 and Trunk Highway 50. The city administrator advised the council that the property owners had signed the agreement in accordance with terms contained therein and a letter sent to the Warwegs concerning vacation of the old Indra Way and terms for payment for the additional net right-of-way and deferment of assessments. 85.380 Motion was made by Sindt, seconded by Nelson to approve the agreement to acquire additional right-of-way from the Warwegs and for the construction of Indra Way and deferment of assessments and authorize the mayor and clerk to execute the agreement. 3 • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 1985 Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. At this time the city administrator advised the council of a settlement reached with Mr. Glen Klotz for permanent and temporary easements for the County Road 5 improvement on his property identified as Parcels No. 303 and 304 and recommended the council approve the settlement in the amount of $15,100 and easement agreements. 85.381 Motion was made by Sindt, seconded by Nelson to approve the settlement with Glen Klotz and the easement agreement and authorize the mayor and clerk to execute it on Parcels No. 303 and 304. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.382 Motion was made by Sindt, seconded by Nelson to approve the reappor- tionment of trunk sanitary sewer assessments onto lots in Cherrywood Heights as recommended by the finance director. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 85.383 Motion was made by Nelson, seconded by Harvey to approve a maintenance agreement with Credit River Township on the maintenance of Judicial Road between 185th Street and 205th Street and authorize the mayor and clerk to execute it and forward it to the town board for their ap- proval. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.384 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. Time: 9:40 p.m. Respectfully submitted, ~ ~ Patrick E. McGarvey, City Clerk a Duane Zaun, M r 4 • .CITY OF LAKEVILLE AGENDA COUNCIL MEETING TUESDAY SEPTEMBER 3, 1985 7:UU 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 August 19, 1985, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings. Planning Commission, August 15, 1985 Park & Recreation Committee, August 21, 1985 d. Resolution calling the assessment hearing for project 84-14, Cedar Avenue .south of T.H. 5U. e. Resolution calling the assessment hearing for project 84-11, Upper 206th Street storm sewer. f. Resolution calling the assessment hearing for project 84-5, Bass- ett's Third Addition. g. Resolution calling the assessment hearing for project 84-17, Judicial .Road north of 185th Street to Brackett's Crossing. h. Resolution calling the assessment hearing for project 84-9, South Creek Addition. i. Final payment approval and acceptance of project 84-15, pond outlet in Dakota Heights Second Addition. j. .Acceptance of improvements for Dodd Pointe 2nd Addition. 5. Application of Gerald L. Spande and Gary Loken for rezoning of Outlot A, Oak Shores 3rd Addition, from R-2, single family residential, to R-4, single and two-family residential, northeast of the intersection of 162nd Street and Jamaica Avenue. a. Adoption of ordinance approving the rezoning to R-4. CITY COUNCIL AGENDA SEPTEMBER 3, 1985 6. Application of Delta Action Corporation for rezoning of property from R-2, Residential, to B-4 and Interstate Corridor District, approximately 1/4 mile east of the intersection of Kenrick Avenue and 165th Street.. a. Adoption of ordinance approving the rezoning to B-4 and Interstate Corridor District. 7. Application of the City of Lakeville. for a revision to Zoning Ordinance No. 167 dealing with yards and setback exceptions.. a. Adoption of ordinance amending the zoning ordinance, section 11.5. 8. Public hearing on the proposed improvement of Flagstaff Avenue south of Dodd Boulevard. a. Attest to legal notice. b. City Engineer to present the project. c. Questions and comments. d. Motion to close, or continue, .the public hearing. e. Motion to order, or deny, the project. 9. Adoption of an ordinance amending the City ..Code, Title 7, Chapter 4, concerning excavation and fill of land requirements. lU. Approval of plans and specifications for the cold storage addition to the city vehicle maintenance garage and set the bid taking date. 11. Receive .the proposed 19$6 general fund operating budget and set a council work session to review it. 12. Report from staff on the status for an option to purchase land for a branch fire station near the I-35 and Highway 50 area. a. Approval of the purchase option agreement. 13. Resolution ordering, or denying,. the improvement of Judicial Road. between 205th Street and 185th Street. 14. Report from staff on the acquisition of up to four acres next to Antlers Park and on the construction of Indra Way from County Road-64 to Highway 5U east of the park. a. Authorization to begin construction of Indra Way on the old platted right-of-way and order a feasibility report on the construction of Indra Way. 15. Any other business. 16. Adjourn.