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HomeMy WebLinkAbout09-21-87 i CITY OF LAKEVILLE CUtJNCIL i~tEETING SEPTEMBER L1, 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: Council members Nelson, Enright, Sindt, ~iarvey, and Mayor Zaun. Also present: Roger Knutson, City Attorney; Daryl Zuelke, Consulting City Engineer; James Robinette, Community Development Director; Richard Radermacher, Chief of Police; Dennis Feller, Finance Director; Baldev Josan, Assistant Community Development Director; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The City Administrator advised the council of the additional items on the Other Business part of the council agenda and also advised the council of the bid taking date for the Amoco project on the former Power Center site, and the closing that would be held on the sale of the city property to Ashland Oil Company on or before September 30, 1987, and that the sale of Parcel A in the downtown redevelopment project would be completed to DKT4 Enterprises by the City in two to three weeks. Citizen Comments: Colette Welch told the council about her concerns of the city dog ordinance recently adopted as it pertains to pit bull dogs. She advised the council that there may be a lawsuit filed against the city over the ordinance. Mayor Zaun informed her that the information she had presented to the council had been distributed, and that the council would take up the matter at a work session on Septem- ber 28th and consult with the city attorney on the ordinance and the information provided. Mr. Greg Gudbjartsson addressed the City Council concerning his concern, and other people's concern, for the proposed expanded use of the Airlake Airport being contemplated by the Metropolitan Airports Commission. He explained that they were residents of Eureka Township and were attempting to gather support from Eureka Township, Farmington, Lakeville and others to oppose the plans of the Metropolitan Airports Commission to expand Airlake in the future. The City Administrator advised those present that the City of Lakeville has a contract with Orfield & Associates to do a noise survey of airport traffic around the airport, and that the effort would be started in the field within two weeks. The mayor explained that he felt the city should await the results of the noise survey from the city consultant and then consult with the city attorney and city planner once the final draft of the MAC Comprehensive Plan for Airlake is presented. • • • r ' CITY UP LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1987 Councilmember Sindt added Other Business agenda items lla and lld-llk to the consent agenda. Councilman Harvey removed consent agenda item 4e for discussion, and Councilman Nelson removed consent agenda item 4k for discussion. 87.393 Motion was made by Enright, seconded by Sindt 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, Nelson, Zaun, Enright, Sindt, Harvey. Councilman Harvey inquired to the staff as to whether or not the proposed extension of 175th Street east of Ipava Avenue is a part of the five capital improvement program far the expenditure of Minnesota State Aid street funds. The city engineer indicated that he would need to check the plan to see which year this project is proposed for. Discussion was held on the scope of the proposed extension and the cost involved and how it was to be funded and when. 87.394 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 87-126 receiving the feasibility report for the extension of 175th Street from east of Ipava Avenue over to Highview Avenue. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. The council questioned the staff concerning the petition received from residents in the vicinity of 188th Street asking that the street be paved with asphalt, especially when there are plans underway to improve 185th Street between Highway 50 and I-35 in 1988. The City Administra- tor pointed out that it has been the intention of the City that once 185th Street is improved from Highway 50 to I-35 that the connection of 188th Street to Highway 50 will be eliminated and traffic diverted north from 188th Street to 185th Street for access onto and off of Highway 50. 87.395 Motion was made by Enright, seconded by Harvey to receive the petition from the residents concerning the request to pave 188th Street and refer it to the City staff with direction to meet with the residents and explain the future road plans in that area of the city. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 87.396 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 329 amending Title 1 of the Lakeville City Code to authorize specific city officials to enforce appropriate parts of the City Code for a part of their job description. 2 • . ' ~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1987 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. At this time, rir. Jerry Shannon presented the resolutions setting the sale of $600,000 in equipment certificates to fund the purchase of city equipment, and a $5.8 million bond sale to fund city improvement projects. Mr. Shannon explained the specifics of the two resolutions. 87.397 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 87-132 authorizing the taking of bids on the sale of $5.8 million of general obligation special assessment bonds. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 87.398 Motion was made by Nelson, seconded by Harvey to adopt Resolution No. 87-133 authorizing the sale of $600,000 of certificates of indebtedness to purchase city equipment. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time Niayor Zuan opened the public hearing on the proposed assessment of the cost of removing weeds on Lot 3, Block 4, Clay's Acres. The City Clerk attested to the legal notice. There was no one present wishing to speak on the matter. The City Administrator advised the council that this property was under the ownership of the State of Minnesota, as it was tax forfeited at the present time. The City Attorney advised the council that when the state owns property, the City can assess the property, but the state has the authority to decide whether it wishes to pay the assessment or not. If and when the property is sold by the state to a private property owner, the City council then re-assess the property in the event the state decides not to pay the assessment. 87.399 l~iotion was made by Sindt, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.400 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 87-128 adopting the assessment on Lot 3, Block 4, Clay's Acres, for removal of weeds. Ro11 call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 3 CITY OF LAKEVILLE COUNCIL MEETING SEPTEriBER 21 , 1987 At this time the final plat of the first addition of Homestead Creek was presented to the City Council for approval. 87.401 Motion was made by Harvey, seconded by Enright to adopt Resolution No. 87-129 approving the final plat of Homestead Creek Addition, and authorizing the mayor and clerk to execute the development agreement, approving a variance in the width of the cul-de-sac as requested, and approving a minor comprehensive plan amendment to include the first addition into the 1990 Urban Service Area for sewer service. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.40E Diotion was made by Enright, seconded by Nelson to adopt Resolution No. 87-130 approving a partial vacation of a drainage easement on Lot 20, Block 3, Lake Vi11a Golf Estates, subject to the requirements of Donohue and Associates in their report of August 12, 1987, on file. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright. Nays, Harvey & Sindt. 87.403 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 87-131 approving the final plat of the Meadows 7th Addition and authorizing the mayor and clerk to execute the development agreement and to approving a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area to receive sanitary sewer service, subject to receipt of the letter of credit required by the development agreement. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, 5indt, Harvey. At this time, the City Council took up a report from the Planning Consultant and Planning Commission concerning the rezoning of five different areas on the east and west side of I-35 in the north part of the city that have parcels of property that are split by the zoning lines in two different zoning classifications. The council discussed .the report and indicated that there was lack of clarity in the report in their opinion, and that the staff should further explain the necessity and reasons for their recommendations. 87.404 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 330 rezoning two parcels on the west side of I-35 north of 172nd Street from B-4 to R-1 as requested by the property owner to bring the owner's entire parcel of property to the R-1 zoning district. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 4 ' • • • I • r CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 21, 1987 87.405 Motion was made by Enright, seconded by Nelson to table action on the other parcels involved in the rezoning to the October 5, 1987, council meeting, at which time the staff is to further clarify the issues. Ro11 call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.406 Motion was made by Nelson, seconded by Enright to approve an assessment abatement agreement on property owned by Glen and Beth Grob in the Valley Park area as recommended by the llakota County Assessor's office. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time mike Collins, an architect for the Grist t4ill, presented the company's plans for a new office building and the PUD as recom- mended by the Planning Consultant and Commission, and indicated that they would meet the five recommendations of the planner's report concerning the project. 87.407 Motion was made by Enright, seconded by Harvey to approve the consoli- dation of several lots involved with the Grist dill company property into one lot and approve the planned unit development conditional use permit for one building on a Iot subject to the recommendations of the planner's report. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Enright, Zaun. 87.408 •ition was made by Harvey, seconded by Sindt to approve an easement agreement with Arcon Construction Co. for improvement project 86-15 in the amount of $1,125.00 and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 87.409 notion was made by Enright, seconded by Nelson to approve an easement agreement with Michael McNamara for $3,200 on improvement project 86-15 and 86-3, and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Nelson, 'Zaun, Enright, Sindt, Harvey. 87.410 notion was made by Sindt, seconded by Harvey to adjourn the council meeting. 5 • • ~ • r CITY OF LAKEVILLE COUNCIL MEETIi1C SEPTEMBER 21, 1987 Koll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Timer 9:50 p.m. Res ctfully submitted, Fatrick E. McGarve ity C1 Dua a Zaun, Mayor 6 ' ~ • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING SEPTEMBER 21, 1987 7:00 P.ri. Call to order. Flag pledge.. 1. Roll call. 2. Staf~ announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the September 8, 1987, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meetings: Planning Commission, September 8, 1987 Park & Recreation Committee, September 2, 1987 d. Adopt a resolution calling a public hearing for October 5, 1987, to modify the downtown T.I.F. district. e. Receive feasibility report for proposed sanitary sewer, watermain, storm drainage .and streets for 175th Street from Ipava Avenue to Highview Avenue, Improvement Project 87-25. f. Award contract for sanitary sewer and watermain improvements to NEI site .and Cedar Avenue, Improvement Project 87-L0. g. Adopt resolution restricting parking on Ipava Avenue to one side only. h. Final acceptance of improvements to Meadows Jest 2nd and 3rd Additions. i. Final acceptance of i~ieadows 6th Addition improvements. j. Final acceptance of utilities in Dodd Ridge 2nd Addition. k. Receive petition from citizens requesting that a portion of 188th Street be blacktop. i ~ • ` ~ CITY COUNCIL AGENDA September 21, 1987 1. Approval of a special assessment agreement with Wynn and Atargit Thatcher. m. Approve release for lot 1, block 3, Cherrywood Heights, from the development contract recorded against this lot. 5. Adopt ordinance amending Title 1 of the .Lakeville City Code to authorize certain officials to enforce the City Code, and to establish penalties for violations. 6. Public hearing on the proposed assessment of Lot 3, Block 4, Clay's Acres, for removal of weeds. a. Attest to the legal notice.. b. Presentation of the proposed assessment. c. Questions and comments. d. Motion to close, or continue, the public hearing. e. Resolution adopting the assessment. 7. Approval of a variance for the length of a cul-de-sac; and approval of the final plat for Homestead Creek Addition from Good Value Homes, and approval of the development agreement and a minor comprehensive plan amendment to include the final plat in the 1990 Urban Service Area. 8. Approval of the vacation of part of an easement on Lot 20, Block 3, Lake ~Ii11a Golf Estates, requesc~d by Josef 17ouglass Homes. 9. Approval of the final plat of the Meadows Seventh Addition and approval of the development agreeu~ent and a minor comprehensive plan amendment to include the final plat in the 1990 Urban Service Area. 10. Adopt ordinance rezoning two areas from R-2 to B-4 located south of 162nd Street and north of 165th Street east of henrick Avenue. 11. Any other business. a. Approval of a special assessment agreement with llaniel Nichols. b. Approval of an assessment abatement on property owned by Glen & Beth Grob. c. Approve resolution authorizing issuance of $5,750,000 of General Obligation Special Assessment bonds and $600,000 of certificates of indebtedness. 2 ~ • • CITY COUNCIL AGENDA September 21, 1987 d. Adopt resolution calling the assessment hearing on project 86-10, Oak Shores 3rd Addition utility and streets, for October 8, 19$7, at 7:00 p.m. e. Adopt resolution calling the assessment hearing on project 87-8, sealcoating and overlay of Hamburg Avenue, for October 8, 1987, at 7:30 p.m. f. Adopt resolution calling the assessment hearing on project 86-3, utilities and 165th Street improvements from Kenrick to approximate- ly 2,600 feet east of Kenrick, for October 8, 1987, at 7:45 p.m. g. Adopt resolution calling the assessment hearing on project 84-19, utilities and street improvements on Kenrick Avenue north of Highway 50, for October 8,.1987, at 8:00 p.m. h. Adopt resolution calling the assessment hearing on project 87-15, utility extension to two lots on the south side of County Road 64, for October 8, 1987, at 8:15 p.m. i. Adopt resolution calling the assessment hearing on project 87-2, improvements to Valley Park 8th Addition, Phase 4, for `October 8, 1987, at 8:15 p.m. j. Adopt resolution calling the assessment hearing on project 87-3, improvements to SouthFork Apartment plat phase two, for October 8, 1987, at 8:15 p.m. k. Adopt resolution calling the assessment hearing on project 85-11, utility extension along Cedar Avenue, for October 8, 1987, at 8:30 p.m. 1. Application of Grist Mill Company for consolidation of several lots to one lot and for a planned unit development conditional use permit for more than one building on a lot.. m. Approval of Easement Agreement with Arcon Construction Co. on Improvement Project 86-15. n. Approval of Easement Agreements with Mr. & Mrs. Michael McNamara on Improvement Projects 86-15 and 86-3. 12. Adjourn. 3