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HomeMy WebLinkAbout08-19-85 r ' CITY OF LAKEVILLE COUNCIL MEETING AUGUST 19, 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: Patrick Farrell, City Attorney; Tim Hanson and Darrell Schneider from Consulting Engineers Diversified; James Robinette, Community Development Director; Patrick McGarvey, City Administra- tor/Clerk. Staff announcements: The city administrator advised the council of five items under Other Business. Citizen comments: There were none. 85.355 Motion was made by Harvey, seconded by Sindt to add the items under Other Business, 14(a) through 14(e) to the consent agenda and include the .award of the bids for the police and fire radio communications system and the CRS-2 emulsified asphalt as a part of the consent agenda. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 85.356 Motion was made by Enright, seconded by Harvey to the consent agenda items 4(a) through 4(k) on the regular agenda plus the Other Business: items 14(a) through 14(e). (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. At this time the City Council took up consideration of the application from Mary Jean Cavett for a special home occupation permit to operate an in-home therapeutic massage at 20735 Hollins Avenue. .The city administrator explained to the council that in order for Ms. Cavett to operate this type of a business at this residential location, it is necessary first to have a public hearing in front of the Planning Commission for the special home occupation. It would then be necessary .for the City Council to call a public hearing as required by Title 3, Chapter lU, of the City Code. The administrator suggested that the council might want to table any action on the special home occupation permit until such time as the council conducts a public hearing under the requirements of Title 3, Chapter 10. : • • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 19, 1985 Ms. Cavett was. present to answer questions concerning her application and explained what her business consisted of. She explained that she .can handle up to seven patients per day. She explained that she had no need for electronic equipment and that, at the most, two patients would be present on the property at one. time, requiring only two parking spaces which she claimed she has in her driveway. Mayor Zaun asked if there were other citizens present wishing to speak on this matter, of which there were. Mr. Bud White stated that he felt the neighborhood was zoned residential, and that the property should be used in that manner, and that commercial uses should be in commercial districts. Mr. John Lewis stated that he felt the single family zoning should be adhered to . Mr. Nick Randall indicated he had traffic concerns if semi-commercial operations were going to be allowed in the neighborhood. Mr. Roland Geibe stated that the city plans call for multiple housing in this part of the block, and that would probably generate as much if not more car traffic than the applicant's request. The city .attorney advised the council that it would be necessary to conduct a public hearing before the council could issue a license as required by Title 3, Chapter. l0, of the City Code for this type of a business in any location, regardless of of the zoning. 85.357 Motion was made by Sindt, seconded by Harvey to table further. action on the request for a special .home occupation permit and the calling of a public hearing for the possible issuance of a license as required by Title 3, Chapter 10, until the applicant has had the opportunity to meet with the city staff concerning the difficulty of .meeting the requirements as required by Chapter 10 and the special home occupation ordinance. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.358 Motion was made by Harvey, seconded by Enright to call a public hearing for September 3, 1985, at 7:00. p.m. for Mrs. Cavett's application for. a license for a massage business, depending on the outcome of the discussions with city staff as to possible ability to comply with the ordinance requirements. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 2 • • • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 19, 1985 At this time the City Council took up consideration of the application of Gerald Bedeaux for a conditional use permit to construct another accessory building of approximately 1200 square feet and an excess of 15 feet in height. The applicant explained the use which he wanted to put the extra garage space to and why he could not use the already large garage on the property. The staff reports and Planning Commission recommendations were to deny. the request due to the residential character of the area and the fact that the area is developing with new residences. There were three citizens present who indicated their concern about .such a request and their feelings that the property. should be used strictly for residen- tial purposes. 85..359 Motion was made by Harvey, seconded by Nelson to deny the request of Gerald Bedeaux for a conditional use permit to construct a garage in excess of 1200 square feet based on the July 29, 1985,. planner's report. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time the City Council briefly reviewed the proposed construc- tion of a mini-storage facility on the north side of 165th Street east of Kenrick Avenue. It was pointed out that the development would be very well screened and landscaped and constructed out of blocks which would be designed to be attractive. The council generally indicated their support if the final plans for the project meet the planner's requirements as suggested in his memo. At this time Mayor Zaun opened the public hearing on the proposed extension of the streetscape improvement on a parcel of property on the west side of Holt Avenue between 208th Street and 209th Street. The city clerk attested to the legal notice. Mr. Patrick Wren was present and stated that he felt the improvement was not needed for his property and was opposed to it. The city administrator presented the project and the reason for the extension south of 208th Street as a part of the streetscape improvement in downtown Lakeville. He pointed that Mr. Wren had received a letter from the city engineer outlining the estimated cost for the improvement and requesting his approval, which he stated he was opposed to. 85.360 Motion was made by Enright, seconded by Harvey to close the public hearing. Roll call was taken on the motion.. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 3 ~ • • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 19, 1985 85.361 Motion was made by Sindt, seconded by Harvey to approve the extension of the streetscape project to include the property of Wren, Inc. on the east side of Holt Avenue .between 208th Street and 209th Street. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.362 Motion was made by Sindt, seconded by Nelson to direct the staff to contact Mr. Wes Magalis concerning the possibility of widening his sidewalk as a part of the streetscape project for the part that abuts the east side of Holt Avenue. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.363 Motion was made by Enright, seconded by Nelson to approve a work agreement with Northern States Power Company for the undergrounding of service lines in the houses. as a part of the streetscape improvement project and authorize the execution of it. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 85.364 Motion was made by Enright, seconded by Nelson to approve the city attorney and city administrator entering into negotiations with Mr. George Warweg to secure the new right-of-way for the construction of Indra Way between County Road 64 and Trunk Highway 5U and to negotiate a purchase agreement for approximately four acres of Mr. Warweg's land to expand the. parking lot at Antlers Park. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time the city administrator recommended that the council approve an option to purchase agreement with the St. Paul Company for approximately 8U acres of land on the north side of 210th Street near the city water tower for the possible future uses of a city well field, future fire station site, future liquor store site and park and recreational activities. 85.365 Motion was made by Enright, seconded by Sindt to approve an option to purchase agreement with St. Paul Company for. approximately 80 acres of land on the north side of 210th Street near the city water tower for possible future uses and authorize the mayor and clerk to sign. the agreement to the terms included therein by the City. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 4 f 1 ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 19, 1985 85.366 Motion was made by Sindt, seconded by Nelson to approve the final payment to Joseph Construction Company for work on the Lakeville Police Station and accept the project as of August 19, 1985. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 85.367 Motion was made by Harvey, seconded by Nelson to adopt Ordinance No. 278 amending the zoning ordinance No. 167, Section 11. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 85.368 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: 9:25 p.m. Respectfully submitted, ~ / ~ atrick E. McGarvey, City Clerk Duane Zaun, a or 5 • t CITY OF LAKEVILLE AGENDA COUNCIL MEETING AUGUST 19, 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 1, 1985, special council meeting. b. Approval of the minutes of the August 5, 1985, regular council meeting. c. Approval of the minutes of the August 12, 1985, special council meeting. d. Approval of the claims for payment. e. Approval of the minutes of the following advisory committees. Planning Commission, August 1, 1985 Park & Recreation Committee, July 31 and August 7, 1985 f. Approval of change order number one with J.W. Hulme Company for the liquor store remodeling project. g. Approval of change order number two with Lingen Construction Company for the liquor store remodeling project. h. Approval of change order number one with Apple Valley Painting for the liquor store remodeling project. i. Approval of change order number one with Lakeville Electric, .Inc. for the liquor store remodeling project. j. Approval of a name change for Liquor Store No. 2 to Lakeville Freeway Liquors. • • • CITY COUNCIL AGENDA AUGUST 19, 1985 k. Receive the second quarter report from the Fire Department. 5. Application of Mary Jean Cavett for a special home occupation permit to operate in-home therapeutic massage at 20735 Hollins Avenue. 6. Application of Gerald D. Bedeaux for a conditional use permit for a structure at 17299 Flagstaff Avenue in excess of 1100 square feet and in excess of 15 feet high. 7. Review of concept plan for mini-storage buildings at 165th Street and I-35 for Charles H. McCarty. 8. Public hearing on the proposal to extend the streetscape project south on the west side of Holt Avenue south of 207th Street. 9. Approval of work agreement with N.S.P. on the streetscape project. 10. Approval to negotiate with George Warweg to purchase additional acreage on the east side of Antlers Park in accordance with the concept plan to add to the park and relocate Indra Way further to the east. 11. Approval of a purchase option agreement with the St. Paul Company to acquire a site for. future public facilities next to the I-35/Co. Rd. 70 water tower. 12. Approval of the final payment request from Joseph Construction on the police station. 13. Approval of an amendment to Zoning Ordinance No. 167, Section 11.12.3, to allow commercial/industrial lots platted prior to November 7, 1977, of less than 10 acres, by conditional use permit. 14. Any other business. 15. Adjourn. 2 • • • CITY COUNCIL AGENDA August 19, 1985 14. ANY OTHER BUSINESS. (a) Change order number one with Munn Blacktop for the liquor store remodeling project. (b) Change order number one with Lake Area Utilities on Improve- went Project 84-11, Upper 206th Street. (c) Receive bids on the police/fire radio communications system. (d) Receive report from .John R. DuBois for leasing of antenna space on the Dakota Heights water tower. (e) Receive bids on CRS-2 emulsified asphalt.