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HomeMy WebLinkAbout06-15-87 =i ~ f i T t CITY OF LAKEVILLE COUNCIL MEETING JUNE 15, 1987 The meeting was called to order at 7:00 p.m. by Playor Zaun. The pledge of allegiance to the flag was given. Roll .call was taken. Present: Councilmembers Nelson, Enright, Sindt, Harvey and Mayor Zaun. Also present: Eliot Knetsch, City Attorney's Office; Daryl Zuelke, Consulting City Engineer; Steve Michaud, Park and Recreation Director; Richard Radermacher, Chief of Police; Patrick McGarvey, City Administra- tor/Clerk. Staff announcements: The City Engineer recommended approval of the Valley Park 8th Phase 3 improvement project final payment in the amount of $7,081.38. The City Administrator advised the council of the seven items on the Other Business agenda. Citizen Comments: Mrs. Anderson, who lives at--17934 Ipava Avenue, .complained about trespassers on her property and the police not handling it in an effective and proper manner in her opinion.. The mayor asked the Chief of Police to meet with Mrs. Anderson to discuss the matter. Councilmember Enright added Other Business items ~~21a, b, d, e, f and g to the consent agenda. 87.L73 Motion was made by Enright, seconded by Nelson to approve the consent agenda as amended. (Council Agennda attached hereto is incorporated by reference and specifically made a part hereof.) Ro11 call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mayor Zaun re-.opened the public hearing on project 87-5, proposed public improvements to serve a site west of the Lakeville police station praposed for development by Arkell Construction Company for the Cottages of Lakeville and for improvements along Holyoke Avenue between Upper 106th Street and 202nd Street. The city administrator advised those present of the current status of the tax increment financing projects which would involve the Cottages of Lakeville project and the downtown professional office building TIF project. The administrator pointed out that a meeting had been aet for June 16th with the finance consultant for the Cottages of Lakeville project to further discuss whether or not that project would proceed ~ ~ ~ ~ s CITY OF LAKEVILLE COUNCIL MEEITNG JUNE 15, 1987 ahead. The administrator requested the council table closing the public hearing until the July b, 1987, council meeting, at which time further information should be available. 87.274 Motion was made by Harvey, seconded by Nelson to continue the public hearing to the July 6, 1987, eouncil meeting. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time, the City Council took up consideration of an ordinance amendment the zoning ordinance pertaining to the shoreland overlay district and the side yard setback requirements within that district. Mayor Zaun suggested that the 20 foot side yard setback be required for any lots that actually abut a lake shore. 87.275 Motion was made by Enright, seconded by Nelson to adopt Ordinance No. 320 being the zoning ordinance in the shoreland overlay district changing the side yard setback requirement from 20 feet to 10 feet on all property except the property that abuts a lake shore, where the side yard requirement would remain at 20 feet for the setback. Roll call was taken on the motion. Ayes, Lnright, Sindt, Harvey, Nelson, Zaun. At this time, the City Council reviewed a letter from the City Attorney and staff input concerning an agreement with IRA Asset rianagement Fund for handling of the City's Volunteer Fire Department pension funds. 87.276 Motion was made by Harvey, seconded by Sindt to receive the report and approve the agreement; and authorize the mayor and clerk to execute the agreement.. with IRI Asset Management Fund, with the added condition that the City Finance Director be given monthly reports from the manaber of the Fund and consulted from time to time on investments. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.277 Motion was made by 5indt, seconded by Nelson. to approve a variance in the setback requirement for a garage for Robert Ruh at 8591 Upper 206th Street, as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 87.278 Motion was made by Harvey., seconded by Sindt to approve a conditional use permit to Dakota Electric for construction of an electric substation on the west side of Ipava Avenue south of 165th Street as per their application and recommendation of the Planning Commission and staff. 2 R • ~ S f 1 ` CITY OF LAKEVILLE COU~'VCIL MEEITNG JUNE 15, 1987 Roll call was taken on the motion. Ayes, Nelson., Zaun, Enright, Sindt, Harvey. 87.279 notion was made by Enright, seconded by Sindt to adopt Resolution No. 87-76 vacating easements for drainage and utilities on a parcel of property at 16508 Kingsley Court owned by Robert Clapp. Roll call was taken on the motion. Ayes, 'Zaun, Enright, Sindt, Harvey, Nelson. At this time, Mr. Mark Parranto presented the final plat for Rolling Uaks 7th and 8th Addition. 87.280 Motion was made by Enright, seconded by Sirtdt to adopt Resolution No. 87-77 approving the final plat of Rolling Oaks 7th and 8th Addition, and authorize the mayor and clerk to execute the development agreement and approve a minor comprehensive plan amendment to include the area in the 199U Urban Service District for sewer service. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. Nays, Harvey. Harvey voted "no" because of the small lot size in- volved. 87..281 Motion was made by Enright, seconded by Nelson to approve an agreement for a grading permit with Ground Development, Inc. for the Cedar Glen Addition and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.282 Motion was made by Harvey, seconded by Enright to approve Resolution No. 87-78 approving the final plat of the SouthFork Village Apartments., Phase 2, and authorize. the mayor and clerk to execute the development agreement and to approve a minor comprehensive plan amendment to include the area in the 1990 Urban Service Sewer Area. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun opened the public .hearing on the application of Charles atld Donald Speiker for an on-sale. liquor license at the Lake- vine Family Bowl facility. The City Clerk attested to the legal notice. A police report was given with a recommendation that the license be approved. There was no one present, except the applicants, wishing to speak on the matter. 3 CITY OF LAKEVILLE COUNCIL riEEITNG JUNE 15, 1987 87.283 Motion was made by Nelson, seconded by Harvey to close the public hearing. Roll call was taken on the motion.. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 87.284 Motion was made by Nelson, seconded by Harvey to approve the application and grant the on-sale liquor license to Charles and Donald Speiker at the Lakeville Family 35ow1 facility. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright., Sindt, Harvey. At this time, the City Engineer advised the council on the water availability in the Valley Park area that was brought to the council's attention earlier in the council meeting. The engineer advised that a valve needed to be adjusted to provide a more adequate supply of water from the Dakota Heights source to the Valley Park area due to one of the wells in Valley Park being out of service for repairs. 87.285 Motion was made by Harvey, seconded by Sindt to approve designating "no parking" zones in various city parks as per the report received from the Park and Recreation Director, Chief of Police and Park Ramer. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.286 rTotion was made by ~iarvey, seconded by Nelson to adopt Resolution No. $7-79 approving the contract on Project 87-2 and 87-3 to G.L. Contract- ing in the amount of $199,1U3.4U subject to the part of the contract involving SouthFork Apartments Phase 2 project to be withheld from the Notice to Proceed until such time as the council approves the final resolution on the multi-family housing revenue bands necessary to finance the apartment project. Ro11 call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 87.287 Motion was made by Harvey, seconded by Enright to adopt Ordinance No. 321 amending the City Cade and Ordinance No. 322 .amending the Zoning Ordinance pertaining to the number of dogs which constitutes having a dog kennel or necessity for applying for a conditional use permit. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.288 Motion was made by Enright, seconded by Sindt to adopt Ordinance No. 323 which amends ordinance No. 254 pertaining to sign ordinance requirements in the former Interstate Corridor Zoning District area of the City. 4 • CITY OF LAiCEVILLE CUUNCZL MEEITNG . JUNE 15, 1987 Roll call was taken on the motion. Ayes, Nelson,Laun, Enright, Sindt. Nays, Harvey. Harvey voted "no" because it does not advocate the .size of signs allowed in that area of the City under the sign ordinance. At this time, Mr. Dennis Heikes, Vice President from National Electric, Inc., introduced their consulting engineer, Mr. Bill Dolan, who pre- sented the application of the company for a conditional use permit to operate a hazardous waste transfer plant under a permit from the Minnesota Pollution Control Agency at a new site on the east side of Cedar Avenue south of County Road 70. The City Council asked Mr. Dolan about the. schedule for the relocation of the existing operation of the NEI building on Hamburg Avenue to the new site. Mr. Dolan indicated that the company planned to make the move from the old site to the new site: within three to six months after the new building is finished and certified for occupancy by the City. A representative from the Minnesota P.C.A. advised the council that a process is included in the P.C.A. permit for the termination of the existing facility and the certification that it has been accomplished in a safe, clean and proper manner. 87.289 Motion was made by Sindt, seconded by Harvey to grant the conditional use permit to National Electric, Inc. for the operation of a hazardous waste transfer plant under a permit from the Minnesota P.C.A. on a new 21 acre site on the east side of Cedar Avenue south of County Road 70 as per their application, subject to the requirement that the old plant site be vacated of the present operation in accordance with P.C.A. permit requirements within six months after the City certifies an occupancy permit on the plant. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.290 Motion was made by Harvey, seconded by Enright to approve Change Order No. 1 for Casperson Park,. Improvement Project 86-18, in the amount of $13,578.00 for the paving of the boat launch area with asphalt. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson., Zaun. The City Council directed the City Administrator and staff to have window type air conditioning units installed in the council chamber as soon as possible. The council directed the staff to also look into the advisability of an ordinance which would ban cooking on apartment decks. The council also advised the staff about looking into the passibility of instituting a sprinkling ban during the hot dry weather in the event the City is experiencing operating difficulties with its wells. 5 4 a ' n,, t t CITY OF LAKEVILLE COUNCIL MEEITNG JUNE 15, 1987 Councilman Harvey asked the Community Development Director to look into the status of the rider truck rental operation on the west side of I-35. 87.291 Motion was made by Harvey, seconded by Sindt to have the mayor. send a letter to the employees of the off-sale liquor stores extending the council's appreciation and thank-you for their hard work in relocating off-sale store number one to the new facility. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, 'Lauri. $7.292 Motion was made by Enright, seconded by Sindt to approve Resolution IJo. $7-79 vacating the easements on Lot 1, Block i, Woodridge Estates Third Addition, and Uutlot B, as recommended by the Planning Commission and City Engineer. Roil call was taken ou the. motion. Ayes, Enright, Sindt, Harvey, Nelsen, Zaun. 87.293 ,lotion was made by Sindt, seconded by Enright to adjourn the council meeting. Roli call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Time: 9:.35 p.m. Respectful y sub 'tted, Patrick E. c arvey, City Clem Duane Zaun, May 6 i ~ • CITY OF LAKEVILLE AGENDA COUNCIL MEETING JUNE 15, 1987 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 June 1, 1987, council meeting. b. Approval of the minutes of the June 8, 1987, council meeting as the Board of Review. c. Approval of the claims for payment. d. Receive the following advisory committee meeting minutes. Planning Commission, June 4, 1987 Park and Recreation, June 3, 1987 Natural Resources Committee, May 19, 1987 Cable TV Board, May 19, 1987 e. Approve assessment abatements on nine parcels of property as recommended by the County Assessor's report dated June 2, 1987. f. Resolution calling public hearing to re-assess lot 1, block 3, Woodridge Estates, for July 6, 1987. g. Approve plans and specifications for Improvement Project 86-15, 165th ~ Ipava, and authorize advertisement for bids. h. Authorize feasibility study for utilities to the proposed plat by Billy Goat Ventures. i. Authorize an E.A.W. for the proposed Homestead Creek plat by Good Value Homes. j. Receive Cherryview E.A.W. and authorize distribution. • ~ ~ . • ` CITY COUNCIL AGENDA ' 3UNE 15, 1987 k. Receive feasibility report for proposed sanitary sewer and watermain improvements for Second Season Golf facility, Improvement Project 87-16. 1. Receive feasibility report for sanitary sewer and watermain to the proposed Stewart Property development, Improvement Project 87-i2. m. Authorize a feasibility study for the Midwest Asphalt property.. n. Resolution authorizing acquisition of easements and condemnation on Project 86-3, I65th Street and Rolling Oaks street and utility improvements. o. Approval of an on-sale non intoxicating malt liquor license for A11 Saints Catholic Church. 5. Continued public hearing on the Cottages of Lakeville and Holyoke Avenue improvements, Project 87-5. a. Presentation of project update. b. Questions and comments. c. Alotion to continue the public hearing. 6. Application of the City of Lakeville for an ordinance amending Ordinance No. 167 to require a 10 foot side yard setback instead of a 20 foot side yard setback in the Shoreland Overlay District. 7. Receive a report and request for approval of an agreement with I.R.I. Asset Management, Inc. for management of the Lakeville Fire Relief Pension Funds. 8. Application of Robert Ruh for a variance in the setback for a garage at 8591 Upper 206th Street. 9. Application of Dakota Electric for a conditional use permit to construct an electric substation on the west side of Ipava Avenue south of 165th Street. 10. Resolution vacating easements for drainage and utility on 1650$ Kingsley Court requested by Robert Clapp. 11. Approval of the final plat, development agreement and minor comprehen- sive plan amendment for including Rolling Oaks 7th and 8th Addition into the 1990 urban service area. 12. Approval of an agreement for a grading permit for the Cedar Glen Addition, with Ground Development, Inc. 13. Approval of the final plat, development agreement and a minor comprehen- sive plan amendment to include SouthFork Apartments phase two into the 1990 urban service area, 2 CITY COUNCIL AGENDA JUNE 15, 1987 14. Public hearing on the application of Charles and Donald Spei[cer for an on-sale liquor license for the Lakeville Family Bowl. 15. Receive report from staff and approve designating "No Parking" zones in various city parks. 16. Receive bids and award contract for improvement projects 87-L, Valley Park 8th, and 87-3, SouthFork II apartments. 17. Adopt an ordinance amending the City Code, section 5-1-1, concerning the definition of dog kennels. 18. .Adopt ordinance amending Ordinance No. 254, being the sign ordinance, as it relates to the ICD zoning district. 19. Approval of a conditional use permit for National Electric, Inc. to construct and operate a hazardous waste transfer plant under a permit from the rSinnesota P.C.A. at a site on the east side of Cedar Avenue south of County Road 70. 20. Approval of a change order on project $6-18, Casperson Park improve- ments, to provide asphalt paving of the boat launch parking lot. 21. Any other business. 22. Adjourn. 3 • ~ • • CITY COUNCIL AGENDA JUNE 15, 1987 21. ANY OTHER BUSINESS. a. Approval of a temporary wine license for the Lakeville Jaycees. b. Settlement agreement with. Robert R. Jackson. c. Final plat of Brackett's Estates. d. Waiver of Trespass with Robert F. & Lorraine Adelmann. e. Easement agreements on Improvement Project 86-3.