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HomeMy WebLinkAbout05-18-87 t ~ i ~ i CITY OF LAKEVILLE COUNCIL MEETING MAY 18, 1987 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: Councilmembers Sindt, Harvey, and Mayor Zaun. Absent: Councilmembers Nelson and Enright. Also present: Dave Licht, Consulting City Planner; Daryl Zuelke and Darrell Schneider, Consulting City Engineers; James. Robinette, Commu- nity Development Director; Roger Knutson, City Attorney; Dennis Feller, Finance Director; Richard Radermacher, Chief of Police; Patrick McGarvey, City Administrator/Clerk. Staff Announcements: The city administrator advised the council of two items to be taken up under Other Business on the council agenda. Citizen Comments: Mrs. Barbara Kelly addressed the City Council and thanked the council for their support in helping to defeat the proposal from the Metropolitan Waste Control Commission and Council to dispose of sludge ash on property in the City of Lakeville and Farmington. She indicated that the property owners were appreciative of the council's support and that in the end a better solution for the disposal of sludge ash was found rather than burying it in landfills. The mayor and council members thanked Mrs. Kelly and the other property owners for their persistence in convincing government to find a better way to dispose of sludge ash. 87.216 Motion was made by Sindt, seconded by Harvey to items 18a and 18b to the consent agenda. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 87.217 Motion was made by Sindt, seconded by Harvey to approve the consent agenda as amended. (Council Agenda attached hereto is incorporated by reference and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. 87.218 Motion was made by Harvey, seconded by Sindt to receive the staff report from Northwest Associated Consultants concerning the lots along the east side of the Trotter's Ridge plat as they effect property adjacent to the future. relocated Highview Avenue and to approve the preliminary plat of Trotter's'Ridge based upon the planning consult- ant's reports dated May 8 and April 13, 1987. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. • CITY OF LAKEVILLE COUNCIL MEETING May 18, 1987 87.219 Motion was made by Harvey, seconded by Sindt to approve the development contract and Resolution No. 87-53 approving the final plat of Valley Park 8th Addition,. Phase 4. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 87.220 Motion was made by Harvey, seconded by Sindt to table approval of .the minor comprehensive plan amendment to include the plat in the 1990 Urban Service Area to the June 1, 1987, meeting due to two council members being absent. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. At this time, Mr. David Licht gave the City Council a report based on his written analysis of the effectiveness of the City's interstate corridor district. Mr. Licht pointed out that many of the uses approved in the ICD. area since its inception have not been of the quality and nature envisioned by this unique type of overlay zoning. He therefore recommended in his report that the ICD corridor zoning concept be terminated by the City Council by an amendment to the zoning ordinance and an amendment to the city comprehensive plan.. Mr. Tim Thornton, an attorney representing the property owners adjacent. to the Queen Anne Mobile Home Park, indicated their dissatisfaction with the proposal to eliminate the ICD district which they intended to use as a means to acquire a conditional use permit to allow development on 40 plus acres of land for a new manufactured housing development adjacent to the Queen Anne Mobile Home Park. Mr. Thornton indicated that he felt the City and the property owners may have to resolve their differences in court if they cannot be resolved between the parties. 87.221 Motion was made by Sindt, seconded by Harvey to table consideration of the zoning ordinance amendment and comprehensive plan amendment to the June 1, 1987, council meeting when more council members will be present. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. The city attorney advised the council that the moratorium on the use of the ICD conditional use process is set to expire on June 1, 1987. Mr. David Licht presented his report concerning the request of Richard Winkler to rezone property on the south side of County Road 46 just to the east. of the new Ipava Avenue. Mr. Licht indicated his report and the Planning Commission were recommending that the council .adopt an ordinance rezoning a part of the R-7 property to B-2 adjacent to County Road 46 and a one and one-quarter acre parcel of property at the corner of the new Ipava Avenue and County Road 46 to B-4. 2 • • • S . CITY OF,LAKEVILLE COUNCIL MEETING May 18, 1987 Mr. Winkler was present and stated that his proposal for the one and one-quarter acre parcel would be to construct a convenience gas station/food store which requires B-4 zoning. Mr. Winkler also indicated that he would be willing to sell any of the proposed B-4 zoned property for the future right-of-way needs of .County Road 46 for the same value as if it was zoned B-2. 87.222 The council discussed the application and a motion was made by Sindt, seconded by Harvey to table action on the ordinance making the zoning amendments to the June 1, 1987, council meeting when more council members will. be present. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. Mr. Licht then presented the proposed ordinance amendment to the zoning ordinance concerning the change in requirements for daycare centers and the amount of land required by the City for the operation of a daycare center. Mr. Licht explained that the original wording was intended to accommodate a possible daycare center in the Airlake Industrial Park where more land was thought to be necessary due to the type of .land uses that would be adjacent to it. In the downtown area, Mr. Licht pointed out, that situation does not exist, thereby allowing a lesser amount of land to effectively accommodate and screen for outdoor daycare provisions. 87.223 Motion was made by Sindt, seconded by Harvey to table consideration of the ordinance amending the zoning ordinance as it effects daycare requirements for land to the June 1, 1987, council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. At this time, Mr. Ken Catton presented his site plan request for a conditional use permit to provide a daycare center in the new 10,000 square foot professional office building to be built in downtown Lakeville on the west side of Holyoke Avenue between 208th Street and Upper 208th Street. Mr. Catton indicated that the project needed to move ahead quickly, as he has commitments to have the building ready for occupancy by the first of September. 87.224 Motion was made by Harvey., .seconded by Sindt to call a special council meeting for Tuesday, May 26, 1987, at 7:OO p.m. at City Hall to take up consideration of the zoning ordinance amendment for a daycare center and a conditional use permit for Mr. Catton for the professional office building, and the ordinance amendment eliminating the ICD district and comprehensive plan amendment and to notify the press and parties interested in these agenda items of the special meeting set for May 26th. 3 ' • • • ' CITY OF LAKEVILLE COUNCIL MEETING ' May 18, 1987 87.225 Motion was made by Harvey, seconded by Sindt to table consideration of the conditional use permit to D.K.M. Enterprises to operate a daycare center and professional office building on the west side of Holyoke Avenue until the special council meeting on May 26, 1987. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 87.226 Motion was made by Harvey, seconded by Sindt to reconsider the ICD zoning ordinance amendment and comprehensive plan amendment and to take it up at the special council meeting set for May 26, 1987 at 7:00 p.m. at the City Hall, and to direct the staff to notify Mr. Tim Thornton of the change in the date from June 1st. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. At this time Mayor Zaun opened the public hearing on project 87-9 and called on the city clerk to attest the legal notice. The city clerk attested to the legal notice. The mayor asked if there was anyone present wishing to hear a presenta- tion on the project, and there was no one present. The mayor explained that due to the fact that the council only had three members present, the project could not be ordered in with less than a 4/5 vote of the City Council and, therefore, the hearing should be continued to the June 1st council meeting. 87.227 Motion was made by Harvey, seconded by Sindt to table and continue the public hearing on project 87-9 to the June 1, 1987, council meeting. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. At .this time the mayor opened the public hearing on project 87-10, and the city clerk attested to the legal notice. There was no one present wishing to hear a presentation of the project, and the mayor explained that this project would also have to be tabled to June 1 due to less than 4/5 of the council being present. 87.228 Motion was made by Harvey, seconded by Sindt to table and continue the public hearing to the June 1, 1987 council meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. At this time the City Council took up consideration of a city staff report and projection showing the growth trends of the city and the financial picture based on the expected growth. A request for perma- nent full time and temporary full time positions from various depart- ments was presented beginning with June 1987 thru 1989.. The requests also included permanent part time positions. 4 • • ` CITY OF LAKEVILLE COUNCIL MEETING ' ~ May 18, 1987 Councilman Harvey pointed out that the plan was an update of a similar one prepared two years ago, and that he was pleased the city was taking a look at the entire needs of the city and projecting those needs two to three years into the future, realizing that changes would probably have to be made, depending upon the actual growth compared to expected growth and possible changes in service needs and methods of delivery. Mayor Zaun pointed out that in addition to this plan, an additional plan would need to be prepared based upon possible cutbacks that might be necessary if things level off sooner than expected, or decline. Councilmember Sindt explained that the 1987 plan prepared by the staff is sufficient beginning with the positions requested for 1987 in her opinion. 87.229 Motion was made by Harvey, seconded by Sindt to receive the staff report for positions expected to be needed beginning June 1987 thru 1989 and adopt. the report as the basis for current planning and to authorize the establishment of the positions listed in the finance director`s report dated May 11, 1987 for the year 1987, with the salary/wage ranges as indicated effective June 1, 1987, for the positions of Administrative Assistant to the City Administrator, Administrative Assistant to the Community Development Director, Special Assessment Clerk, Building Inspector/Plumbing Inspector, Fixed Asset Accountant, and Community Service Officer/Police Department. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. The City Council took up consideration of an ordinance amending the. City Code to bring the license fee for on-sale club liquor .licenses into compliance with state statutes. 87.230 Motion was made by Sindt, seconded by Harvey to adopt Ordinance No. 315 amending the City Code, Chapter 3-1-7-1 pertaining to annual license fees for on-sale club liquor licenses. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. 87.231. Motion was. made by Harvey, seconded by Sindt to adopt Resolution No. 87-54 receiving the engineering feasibility report for the 1987 seal coating program in the Airlake Industrial Park area and for an asphalt overlay on Hamburg Avenue from Highway 50 to 220th Street and set the public hearing for a special council meeting on June 17, 19.87, at 7:00 p.m. in the City Council Chamber. Roll call was taken on the motion.. Ayes, Zaun, Sundt, Harvey. At this time, Mr. Steve Grohoski appeared before the City Council and asked the council to limit consideration of approving the. final plat. of Barrett Third Addition to erosion control requirements only in the Barrett Third Addition and not other plats previously developed or under development by him. 5 • i ~ CITY OF LAKEVILLE COUNCIL MEETING May 18, 1987 Mayor Zaun stated that he would not accept Mr. Grohoski's request, because the council felt that Mr. Grohoski's performance under previous development contracts and subdivisions as they pertain to implementing, or not implementing, requirements for erosion control is a pertinent and relevant factor to be considered in approving the development agreement for a new plat. Mr. Robert Nicholson, Chairman of the Natural Resources Committee, read from a letter he had written based on the meetings in September and October of 1986 concerning Mr. Grohoski's performance in the previous development contracts in implementing erosion control requirements. Mr. Nicholson explained that the committee had met with Mr. Grohoski and felt they had tried to work constructively with him to effectively implement the terms of previous agreements.. Mr. Nicholson indicated that recent inspections had indicated to the committee that his efforts had failed and that steps needed to be taken to address past discrepan- cies in Mr. Grohoski's developments before entering into new develop- ment agreements which may need to be changed. The council members expressed their concern for seeing that terms of development agreements are adhered to, and that the staff take steps to legally enforce compliance if necessary. 87.232 Motion was made by Sindt, seconded by Harvey to table consideration of adopting a resolution approving the final plat of Barrett's Third .addition and approving a development agreement to the June 1, 1987, council meeting. Roll call was taken on the motion. Ayes, Sindt, Harvey, Zaun. At this time Mr. Scott Johnson from Arcon Development presented the final plat and development agreement for the Lynwood South final addition. Mr. Johnson indicated that their erosion control efforts had already been implemented under the grading permit previously granted by the council, and that he felt effective erosion controls enhanced the saleability of the plat under development. 87.233 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 87-55 approving the final plat of Lynwood South and authorizing the mayor. and clerk to execute the development agreement, and tabling approval of the minor comprehensive plan amendment to include the area in the 1990 Urban Service area until the June 1, 1987, council meeting when more council members will be present. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt. 87.234. Motion was made by Harvey, seconded by Zaun to adopt Resolution No. 87-56 indicating the council's support for councilmember Betty Sindt's application for appointment to the League of Minnesota Cities Board of Directors. Roll call was taken on the motion. Ayes, Zaun, Sindt, Harvey. 6 1 • • _ CITY OF LAKEVILLE COUNCIL MEETING May 18, 1987 87.235 Motion was made by Sindt, seconded by Harvey to adjourn the council meeting. Roll call was taken on the motion.. Ayes, Sindt, Harvey, Zaun. Time: 9:15 p.m. Respectfully sub 'tted, atrick E. McGarvey, City Cler Duane Zaun, Ma o~• 7 CITY OF LAKEVILLE AGENDA COUNCIL MEETING MAY 18, 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 May 4, 1987, council meeting. b. Approval of the minutes of the May 13, 1987, special council meeting. c. Approval of the. claims for payment. d. Receive the minutes of the following committee meetings: Planning Commission, May 7, 1987 Park and Recreation Committee, May 6, 1987 Natural Resources Committee, May 5, 1987 e. Approval of a special assessment agreement with Ted Schlussler for the property at 12120 175th Street. f. Approval of a non-intoxicating malt liquor license for the Lakeville Jaycees and Pan-O-Prog street dance license for July ll, 1987.. g. Approval of the consultant agreement with Christopher J. Oace as Media Specialist. h. Approval of a special assessment agreement with John H. Erickson for property at 17171 Ipava Avenue. i. Approval of an assessment abatement on parcel No. 22-44325-010-05, Larry Swanson, as recommended by the Dakota County Assessor. j. Approve plans and specifications for Valley Park 8th, Phase 4C, and SouthFork Village Phase II, and authorize bids on the two projects as one, Improvement .Projects 87-2 and 87-3. s • CITY COUNCIL AGENDA MAY 18, 1987 k. Receive bids and award contract for Antlers Park parking lot, paving and grading, Improvement Project 87-7. 1. Approve change order No. l to Aronson Park, Improvement Project 87-1. 5. Receive staff report and approve the preliminary plat of Trotter`s Ridge .located south of 160th Street, and approve the final plat and developer agreement for the first addition. 6. Approval of the final plat and developer agreement for Valley Park 8th Addition, Phase 4, and a minor comprehensive plan amendment. 7. Application of the City of Lakeville fora zoning ordinance text amend- : ment addressing the Interstate Corridor District zoning elimination and a comprehensive plan amendment pertaining to Planning District No. 2. a. Adoption of the ordinance amending the zoning ordinance eliminating the I.C.D. zone. b. Amend the comprehensive plan of the City for District No. 2. 8. Application of the Crystal Lake Company to rezone land on the south side of County Road 46 to the west of the new Ipava Avenue from R-7 to B-2, and from B-2 to B-4. a. Ordinance amending the zoning ordinance for the rezoning. 9. Application of the City of Lakeville for an amendment to the. zoning ordinance amending Section 22.5.1 pertaining to day care centers. 10. Approval of the application of D.K.M. Enterprises for a conditional use permit to operate a day care center in a professional office building at the west side of Holyoke Avenue between Upper 208th and 208th Street and .for a variance on the side yard setback on the north side next to 208th Street. 11. Public hearing on the proposed improvement project 87-9, extension of .utilities to the Chapel Hill, Cedar Glen plats and street improvements with utilities to the Carroll 1st Addition located southwest of the corner of County Roads 46 and 23 (160th Street and Cedar Avenue). a. Attest to the legal notice. b. Presentation of the project by the city .engineer. c. Questions and comments. d. Motion to close, or continue, the hearing. e. Resolution ordering, or denying, the project. 2 CITY COUNCIL AGENDA MAY 18, 1987 12. ..Public hearing on-the proposed improvement. project 87-10, extension of utilities to the Trotter's Ridge plat located west of Highview Avenue 'and south of County Road 46/1bOth Street... a. Attes to the legal notice. b. Presentation of the project by .the city engineer. o. Questions and comments`. d.` Motion to close, or continue, the hearing. e. Resolution ordering, or-.denying,. the projec . 13. Receive staff report on personnel additions based on expected. growth of the City from June of 1987_thru 1989. 14.' Adoption o£'an ordinance amending the City Code, Chapter 3-1-7-1 pertaining to the.. annual license fees for liquor. licenses to on-sale. clubs. I5. Receive engineering feasibility; report for the 1987 street .seal coating project, and an asphalt overlay on Hamburg Avenue between. Highway 5O and 220th Street and set a, public hearingforeJune 17, 1987, at 7:00 p.m. in the council chambers. 16. Approve final plat and development agreement for Barrett 3rd Addition. 17. Approve final :.plat and .development. agreement for Lynwood South. 18. -Anyotherbusiness. a. Approve a temporary construction easement with Mr. & Mrs. Lennart. D. Nelson on Project_86-3. b: Approve a grading permit for.. Meadows 6th Addition. 19. Adjourn". 3