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HomeMy WebLinkAbout12-01-86 ` ? ~ • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 The meeting was called to order at 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, Mayor Zaun. Also present: Darrell Schneider, Consulting City Engineer; Roger Knutson, City Attorney, Greg Grose, Assistant Chief of Police, Alan Brixious, Consulting City Planner, Dave Krings, Building Inspector. Staff Announcements: The City Administrator reminded the Council of the joint work session between the Council and advisory committee members set for Saturday, December 6th at 8:30 a.m. at Fire Station No. 1. The City Administrator advised the council of a letter received indicat- ing a possible law suit against the City on the ref usal of the City to grant a rezoning or a conditional use permit in the I.C.D. zoning district to expand the Queen Anne Mobile Home Park and recommended the council meet with the City Attorney on the matter in an executive session at the end of the council meeting. Citizen Comments: Don McGuire and Greg Grose, representing the Lakeville Lion's Club, presented an application to the Council for a charitable gambling license to operate in the Lakeville Municipal On-Sale Liquor Store. Mr. McGuire proposed a lease between the City and the Lakeville Lions Club for the use of some space within the liquor store and suggested a lease rate at $500 per month. Club members or employees hired by the club would conduct the gambling operation within the liquor store. No employees of the City would be allowed to participate in it. 86.484 Motion was made by Harvey, seconded by Sindt to receive the gambling application and instruct the City Attorney to prepare a lease between the Lakeville Lion's Club and the City of Lakeville for use of space in the Lakeville Municipal Liquor On-Sale Store to be considered at the December 15, 1986 Council Meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, and Harvey. At this time Mayor Zaun recognized Ioan Haze, Katherine Ewe, Marge Mollenhoff and Doris Taelin, who presented problems concerning the Fairf field Terrace Senior Apartment Complex in downtown Lakeville. The women complained about the cost of the electrical hook-up for automobiles for engine bolt heaters, the vent system in the building, hand railing for the sidewalk entrance, the need for thermostats in some apartment units to allow a higher heat setting. ' ~ • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 One of the women also complained about the rusty water problem, experi- enced in the building because of the rusty water of the City. The City Administrator explained that the Board of Directors of Fairf field Terrace consists of three residents within the building and two appointed by the Westminister Corporation. The Council directed the staff to contact officials at Westminister Corporation and advise them of the situation. Consent Agenda, Council removed items 4b and e f rom the consent agenda. 86.485 Motion by was made by Enright, seconded by Harvey to approve consent agenda items 4a, c, d, g, h, and i. (Council Agenda attached hereto is incorporated by ref erence and specifically made a part hereof.) Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, and Nelson. 86.486 Council took up item 4e on the consent agenda. Motion was made by Enright, seconded by Harvey to authorize the installation of street lights at 206th Street and Italy Avenue and at the corner of 205th Street and Italy Avenue in Meadows Addition. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, and Zaun. 86.487 Council took up item 4f on the consent agenda. Motion by Sindt, seconded by Harvey to not authorize the installation of stop signs at the inter- section of Gerdine Court and lower 167th Court at Gerdine Path as recommended by the Chief of Police. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, and Enright. The City Administrator explained that due to the Thanksgiving holiday weekend, the entire list of claims for Council approval to pay was not completed by the computer firm; theref ore, only a short list was being presented to the Council for approval to pay on December 1. 86.488 Motion was made by Enright, seconded by Harvey to approve the separate list of claims for payment as presented by the Finance Director. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, and Sindt. 86.489 Motion by Enright, seconded by Sindt to receive a petition from the Lakeville senior citizen's requesting a red stop signal installation on Holyoke Avenue for pedestrian crossing in the center of the block between 207th and 208th Street. 2 • • • ` CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, and Harvey. 86.490 Motion was made by Enright, seconded by Nelson to direct the City Staff. to contact the Minnesota Department of Transportation officials in an effort to get a stop signal installed on Holyoke Avenue at the pedestrian crosswalk between 207th Street and 208th Street as soon as possible. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, and Nelson. At this time the City Administrator gave a brief history of the actions leading up to the filing of an application by Eagle Enterprises for a sideyard variance for the medical off ice building being constructed at the corner of 176th Street and Kenwood Trail. The Administrator pointed out that the first site plan presented by the Developer was approved by the City Planning Consultant as meeting all of the City zoning require- ments as to parking, set backs, and other considerations. The building was primarily running in a north/south direction at that time. After that approval the Developer met with City Staff at City Hall and re- quested the building be turned on the property so that it was primarily in an east/west orientation, with the parking all in front of the building between Kenwood Trail and the front of the building, and all of the underground parking being from the rear of the building. The Staff advised the Developer to present a revised. site plan to the City Planning Consultant for a review of this alternative layout. No revised site plan was submitted to the City Planning Consultant and when the building construction plan was brought to the City Building .Inspector, the July memo to the City Planning Consultant was mistakenly referred to in determining that the alternative layout had been approved by the City Planner. The alternative layout from the Developer positioned the building 15 feet from the sideyard setback on 176th Street rather than the required 30 feet. Mr. Lance Norderhus and Del Einess appeared bef ore the City Council on behalf of their application for the sideyard variance. Mr. Norderhus indicated that it was their architect who drew the revised plan with only the 15 foot sideyard setback, and he did not verify the City requirements with the City Planning Consultant. Councilman Harvey pointed out that the adjacent property owners have not done anything in this situation to justify them being potentially damaged by allowing a building 15 feet closer to a street and reducing their property visibility from Highway 50 or 176th Street. Mayor Zaun pointed out that the City procedure in approving site plans should have been cleared to the Developers, since they had submitted their first site plan and received written approval from the Planning Consultant in July of 1986. 3 s • • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 The City Attorney advised .the Council members that if they wished to take action on denying the variance request that they should adopt a motion directing the City Attorney to prepare a set of Findings of Fact which would be acted upon by the City Council at a f uture council meeting. 86.491 Motion was made by Harvey, seconded by Sindt to direct the City Attorney to prepare a set of Findings of Fact to disapprove the sideyard setback variance to be considered at the December 15, 1986 Council Meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, and Zaun. Nayes, Nelson. 86.492 Motion was made by Harvey, seconded by Sindt to authorize and direct Donohue and Associates to prepare a study on phosphorous content and removal for the storm drainage from the Oak Shores, Jackson First Addi- tion, and Rolling Oaks South Improvement Project as an addendum to the Environmental Assessment Worksheet on the project. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, and Enright. 86.493 Motion was made by Harvey, seconded by Nelson to table acting on the negative declaration for an E.I.S. until the December 15, 1986 Council Meeting and to direct the Engineer to prepare a schedule for taking action on the negative declaration and the additional phosphorous study. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, and Sindt. 86.494 Motion was made by Sindt, seconded by Harvey to receive the Findings of Fact on the E.A.W. for the Oak Shores, Jackson First Addition, and Rolling Oaks South improvement projects. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, and Harvey. At this time, Barry Christensen, Lakeville Fire Chief; Brian Holzer, Burnsville Fire Chief; Harry Clarkson, Assistant Lakeville Fire Chief; Steve DeCaster, Architect for the City of Burnsville, presented the plans for a joint fire training facility to be located in Burnsville consisting of a burn training building, and tower facility. Chief Holzer explained that the intent was to have the cities of Burnsville, Lakeville, Eagan, and Apple Valley jointly participate in the cost of constructing the facility. Estimated cost to each city is $30,000 initially. The revised draft of a joint powers agreement was presented by the Chief and reviewed with the Council. 4 a, • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 86.495 Motion was made by Harvey, seconded by Nelson to grant concept approval for the shared plan, and preliminary approval to the joint powers agreement, subject to it being revised and brought back to the City Council for final consideration and approval. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, and Zaun. 86.496 Motion was made by Zaun, second by Harvey to adopt Ordinance No. 302, regulating when high grass or weeds must be cut in the City. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, and Zaun. Nayes, Enright. Council also directed Staff to look into draf ting an ordinance which would regulate where wood piles could be kept on private property, possibly prohibiting them from being kept in the front yard areas of lots. 86.497 Motion by Enright, seconded by Nelson to receive the bids for the Valley Lake Park west side grading project and award the contract to Central Landscaping Incorporated of Forest Lake, Minnesota, in the amount of $63,751.66 subject to concurrence from the Park and Recreation Director for including the seeding in the contract amount. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, and Sindt. Mayor Zaun opened the public hearing on the Certif ication of Delinquent Utility Bills to the County Auditor for including them on the property tax statements of the property owners in 1987. The City Clerk attested to the legal notice. There was no one present wishing to speak on the delinquent list. 86.498 Motion was made by Sindt, seconded by Harvey to close the public hearing. .Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, and Harvey. 86.499 Motion was made by Sindt, seconded by Harvey to adopt Resolution 86-141, certif yang the list of delinquent utility bills to the County Auditor. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, and Nelson. 86.500 Motion was made by Harvey, seconded by Sindt to certify two accounts tabled at the November 17th Council Meeting for that list of delinquent utility bills. 5 ' J- ~ • • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, and Zaun. 86.501 Motion was made by Sindt, seconded by Nelson to authorize a letter to be sent to the Minnesota Pollution Control Agency commenting on the Hazard- ous Waste Permit, of National Electric Inc. for their site on Hamburg Avenue proposed to be modified as per their application to the M.P.C.A. to handle additional quantity of hazardous waste up to December 31, 1987, with the understanding that the City expects N.E.I. Inc. to be underway in 1987 toward relocating their plant facility to the new site on the east side of Cedar Avenue and then close .down the hazard waste operations at the current location on Hamburg Avenue. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, and Sindt. 86.502 Motion was made by Enright, seconded by Nelson to adopt Resolution 86-142 approving the filing of a grant application for Community Development Block Grant money with the Dakota County HRA for 1987. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, and Sindt. At this time the City Council reviewed the reports from the Chief of Police on the radar checks down on Frazer Avenue between Dodd Road and Flagstaff Avenue. His recommendation was that no further traffic control measures need to be taken, based on the results of the radar checks made on two different dates. 86.503 Motion was made by Enright, seconded by Nelson to receive the Chief's report and adopt his recommendations concerning the speed of traffic on Frazer Avenue between Dodd Road and Flagstaff Avenue. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, and Harvey. The City Council discussed the draft of the new by-laws of the Lakeville Police Reserves. The City Administrator and City Attorney pointed out two areas where further modification should be made in the by-laws, especially as pertains to the handling of money the Council authorizes the reserves to receive as a fee for their services in certain circum- stances and how it is accounted for by the City, and transmitting of the money to the reserve officers for their use. 86.504 Motion was made by Enright, seconded by Harvey to table adoption of the new by-laws for the Lakeville Police Reserves until they have been revised and brought back to the City Council on December 15, 1986. 6 ' CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, and Nelson. At this time Mayor Zaun opened the public hearing on renewal of Special Club Sunday Liquor License, On-Sale Liquor License for Dakota Restaurants Inc./Chart House Inc., V.F.W. Club, Ole Piper Inn, Brackett's Crossing, and Lakeville Family Bowl. City Clerk attested to the legal notice. The Assistant Chief of Police advised Council that there have been no problems at any of the establishments during 1986 and that he did not know whether or not the property taxes on all of the establishments are current. There was no one else present wishing to speak on the license renewals. 86.505 Motion was made by Enright, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, and Zaun. 86.506 Motion was made by Enright, seconded by Nelson to approve the renewal of the Special Club, Sunday Liquor, and On-Sale Liquor License for the five above establishments subject to all the property taxes being paid for 1986 by December 30, 1986, as a condition for the license renewal issuance. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, and Enright. 86.507 Motion by Sindt, seconded by Harvey to extend the Council Meeting beyond the 10:30 ajournment time period. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, and Sindt. At this time the City .Administrator advised the Council that there should be an executive session of the City Council to discuss a letter. received from the attorney for the Queen Anne Mobile Home Park owners, advising the City that they intended to take the City to court over not granting a rezoning or an interstate corridor conditional use permit for the enlargement of the Queen Anne Mobile Home Park on the property they owned. The City Attorney advised the Council that it is legal for the City Council to meet in an executive session with the City's legal council over such a legal situation as this. 86.508 Motion was made by Harvey, seconded by Nelson to adjourn the Council Meeting. 7 ~,1~, , CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1, 1986 Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, and Harvey. Time: 10:40 p.m. Respectf ully submitted, atrick Mc arvey, City Admi trator Clerk a r. Du ne Zaun, May r 8 i • • • CITY OF LAKEVILLE AGENDA COUNCIL MEETING DECEMBER 1, 1986 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 November 17, 1986 council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee meet- ings. Planning Commission, November 25, 1986 Natural Resources Committee, November 18, 1986 Park and Rec Committee, November 19, 198 d. Resolution setting rates for City utility system connection charges for 1987. e. Receive petition and authorize installation of a street light at the corner of 206th Street and Italy Avenue. f. Authorize installation of stop signs on Gerdine Court and Lower 167th Court at the intersection with Gerdine Path. g. Approve service contract with Munitech, Inc., for wells, towers, and booster stations. h. Approval of the specif ications and authorize taking bids for an emergency generator for lift stations in the utility depart- ment. i. Authorize preparation of an E.A.W. report for the Lagarto 3rd Addition. COUNCIL AGENDA DECEMBER 1, 1986 5. Receive petition from the Lakeville Senior Citizens requesting the City and M-DOT to install a stop light for the pedestrian crossing on Holyoke near Erickson Drug. 6. Application of Fifty Med Properties for a sideyard variance of f if teen feet to construct a medical-office building at the corner of 176th Street and Kenwood Trail. 7. Receipt of Findings of Fact for the Oak Shores Jackson First and Rolling Oaks South E.A.W. and negative declaration for an E.I.S. with provisions for further study of phosphorus delivery to the lake. 8. Consideration of a joint power agreement with Burnsville, Eagan, and Apple Valley for afire training facility in Burnsville, and authorization to sign the agreement. 9. Adoption of an ordinance regulating when grass or weeds must be cut. 10. Receive bids and recommendation on the award of a grading contract for the Valley Lake Park, west side and approve the award of the contract. 11. Public hearing on the assessment of delinquent utility bills in south portion of the City. a. Attest to the legal notice. b. Questions and comments. c. motion to close the hearing. d. Resolution adopting the certification of delinquent bills. 12. Adoption of recommendation from the City Council to the Minnesota P.C.A. on the proposed National Electric, Inc., Hazardous Waste Permit Modification. 13. Adoption of a resolution authorizing the filing of a Community Development Block Grant application for 1987 with the Dakota County H.R.A.. 14. Report from Chief of Police on the radar speed checks done on Frazer Avenue and recommendations. 15. Resolution adopting the rules and regulation by-laws for the Lakeville Police Reserves. 2 ! ~ • COUNCIL AGENDA DECEMBER 1, 1986 16. Public hearing on the renewal of the following liquor licenses for 1987: a. Dakota Restaurants, Inc./Chart House, Inc. Special Club and Sunday Liquor License b. V.F.W. Club Special Club and Sunday Liquor License c. Ole Piper Inn On-Sale and Sunday Liquor License d. Brackett's Crossing On-Sale and Sunday Liquor_License e. Lakeville Family Bowl On-Sale and Sunday Liquor License 18. Any other business. 19. Adjourn. 3