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HomeMy WebLinkAbout04-07-80 ' CITY OF LAKEVILLE COUNCIL MEETING April 1980 The meeting was called to order at 7,30 p.m. by,,Mayor Lekson. The .pledge of allegiance to the flag was given. ` Roll call was taken. Present, Councilmembers Spande, Zaun, Nelson, Sindt and Mayor Lekson. Also present: Roger Knutson, City Attorney; Darrell Schneider and LeRoy Nyhus, Consulting City Engineers; and Patrick McGarvey, City Administrator/Clerk. 80.149 Motion was made by Nelson, seconded by Sindt to approve the minutes of the March 10, 1980 special council meeting. Roll call was taken on the motion. Ayes, Spande, Lekson, Nelson, Sindt. Nays, none.. Zaun abstained as he was absent for the meeting. 80.150 Motion was made by Zaun, seconded by Nelson to approve the minutes of the. March 17, 1980 regular council meeting. Roll call was taken on the motion. Ayes, Lekson, Nelson, Zaun, and Sindt. Nays, none. Spande abstained as he was absent for the meeting. 80.151 Motion was made by Nelson, seconded by Spande to approve the minutes of the March 24, 1980 special council meeting. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.152 Motion was made by Spande, seconded by Nelson to ax?prove-the claims for payment......- as presented. Ro11 call was taken on the motion. Ayes,. Nelson, Sindt, Spande, Lekson, Zaun. Staff reports: There were none. 80.153 Motion was made by Zaun, seconded by Nelson to receive the minutes of the four advisory committee r,~eetings. Roll call was taken on the motion. Ayes,. Sindt, Spande, Lekson, Zaun and Nelson. At this time Niayor Lekson took up consideration as zoning for Outlot B in Donnay's Valley Park 5th Addition. Mayor Lekson reviewed the items which had. been supplied to the City Council from the Planning Consultant, Planning Commission and the applicant, including the letter from Mr. Rol7~.;ri Crawford, Attorney for Mr. Schroeder, concerning the history in rationale from the applicant's viewpoint for a request to have Outlot B zoned B-2. At this time Mayor Lekson called upon Mr. Schroeder's attorney, Mr. Roll.ih Crawford, who spoke to the council and gave them a review of the history as he knew it on the zoning of Outlot B. He stated that the applicant is now requesting to have the outlot rezoned from what they consider it to be B-4 to B-2. He also stated that his research had indicated that Mr. Vern Donnay, developer of the Valley Park additions, had placed restricted coven- . ants on all the lots with single family dwelling units except for the outlots. Mr. Crawford stated that on July 21,_,.1979,-Mr. Schroeder entered into a purchase contract on Outlot B and had. a closing on September 1, 1979. T~Ir, Crawford stated that Mr. Schroeder had proceeded to close on the purchase based on information he had received from the City Staff concerning the zoning for the outlot, which was considered to be B-4 Commercial.. At this time Mr, Don Whiskey, a Planning Consultant for Mr. Schroeder, spoke to the council and covered.. points from a planning. perspective of why the outlot should be zoned B-2 as requested by Mr. Schroeder. Mr. Whiskey also stated that the outlot could be used for an office site as recommended in the City Planning Consultant.°s report that recommended the outlot be zoned B-l. Mr. Rollin Crawford summarized his client's position on the matter and stated that in no way were they compromising in agreeing to a B-1 zoning classification for the outlot. -1- ? • • CITY OF LAKEVILLE COUNCIL MEETING April. 7, 1980 Mayor Lekson asked the City Attorney, Roger Knutson, for his opinion, Mr. Knutson stated that zoning property. is a legislative decision and that the Minnesota Supreme Court has ,a rule that noone has a vested right to a zoning classification. , Mayor Lekson asked if anyone else wished.. to speak. Mr. Paul Johnson addressed the`: council and stated that as a Planning Consultant for the Fox Run Addition. located south of Dodd Park, that he felt a conven- ience grocery store at the corner of Flagstaff and Dodd Road would be an asset to their development. Mr. Doug ,Rutherford spoke and stated. that he hoped the council would follow the Planning Commission's recommendation and zone°the outlot B-l. Councilman Zaun spoke and stated that in his opinion, the City was not making any compromise and that the B-l classification was a very appropriate use for the outlot based on the Planner's report.. Councilman Nelson stated that he felt the City should be fair in its dealings and that a convenience grocery store at this location would not jeopardize public safety. People. with children should not allow them to cross busy streets to such a store or control their activity. Councilman Spande stated that he-felt the City was making a fair compromise in that he felt .the property is legally zoned R-1C and by rezoning it to B-1 the City was acting fairly. Councilmember Sindt stated she felt the B-1 classification was appropriate given all the circumstances. Mr. Crawford again stated that they do not agree to the B-1 zoning classification. 80.154 Motion was made by Zaun, seconded by Spande to deny the request of Mr. Schroeder to zone Outlot B in Donnay`s Valley Park 5th Addition to B-2 Neighborhood Business District based on the. recommendations of the Planning Commission and Planning Consultant. Ro11 call was taken. on the motion. Ayes, Spande, Lekson, Zaun .and Sindt. Nays, Nelson. 80.155 Motion was made by Lekson, seconded by Zaun to move the adoption of Ordinance No. 159 and waive the second reading and rezone Outlot B in Donnay's Valley Park 5th Addition to B-1 Limited Business District. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt and Spande. Nays, Nelson. 80.156 Motion was made by Zaun, seconded by Spande to deny the request of Mr. Schroeder for a conditional use permit, platting of Outlot B and a variance due to the fact that a convenience grocery store is not a permitted use in a B-1 zone. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. At this time Pastor Cliff Trued presented plans on a model of a new Faith Lutheran Church to the council.. 80.157 Motion was made by Zaun, seconded by Nelson to approve a conditional use permit to the Faith Lutheran Church to construct a new church on the east side of Cedar Avenue as recommended by the Planning Commission.. and consultants. Roll call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. At this time Mr. Bruce Schmidt, an architect,. showed the plans for a bus garage addition for Schmitty & Sons near the Lakeville Middle School. 80.158 Motion was made by Nelson, seconded by Sindt to approve the conditional use permit to Schmitty & Sons to construct the garage as recommended by the Planning Consultant and City. Staff. -2- • CITY OF LAKEVILLE COUNCIL MEETING April 7, 19.80 Roll call was. taken on the motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. At this time Mr. Robert Layeux presented his 'request for a conditional use permit to build a new house on Lot 29 located at 12226 175th Street West. The council and staff discussed the request of Mr. Layeux and explained that Lot 29 by itself does not meet. 70% of the zoning district requirements, but that if Mr. Layeux would construct a new house on five lots to the south of Lot 29 could comply with zoning requirements. It would be necessary for him to reapply since the hearing. was called for Lot 29. Mr. Layeux questioned the fees charged by the City and the City Planning Consultant. The City Administrator explained that he is charged for the hours it takes to analyze an application.. 80.159 Motion was made by Zaun,. seconded by Nelson to deny the request of Robert Layeux for a conditional .use permit to build a new house on Lot 29 because it is in gross violation of the zoning ordinance requirements. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Nelson and Sindt. At this time the City Administrator displayed a sketh plan for property owned by George Warweg south of the Lakeville High School property and north of the Minneapolis/Northfield Railroad tracks. It was explained that the. sketch plan was prepared so that the City could decide on a more appropriate location for its Lake Marion trunk sewer through a portion of this property that the line would also have lateral benefit as well as a trunk. The sketch plan had been reviewed by the staff and it was found to be in compliance as far as lot size and street grades so that if a preliminary plat were filed in the future based upon it, it would meet city ordinances as of this date. 80.160 Motion was made by Zaun, seconded by Nelson to approve the sketch plan of George Warweg for his property located south of the Lakeville High School property, north of the Minneapolis/Northfield Railroad tracks, and west of Trunk Highway 50. Roll call was taken on the motion. Ayes, Lekson, Zaun, Nelson, Sindt and. Spande. 80.161 Motion was made by Nelson, seconded by Spande to adopt Resolution No. SO-34 ordering the Oak Curve and Oak Shore Drive utility and street improvement project No. 80-4 and authorizing the preparation of engineering plans and specifications subject to Minnesota legislature passing legislation to .raise. the. current seven percent bonding limit and the bill being signed by the governor before the engineering work proceeds. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.162 Motion was made by Spande, seconded by Lekson to table the ordering of the Lake Villa Golf Estates utilities and street improvement project until the May 5, 1980 council meeting. Ro11 call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. 80.163 Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 80-35 accepting the substitution of a developer of a project under ahe Municipal Industrial Development Act for the First Lakeville State Bank. Roll call was taken on the motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.164 Motion was made by Nelson, seconded by Zaun to adopt Resolution No, 80-36 giving final approval to the First Lakeville State Bank Commercial Development Project under. .:.the Minnesota Municipal 'Industrial Development Act. Roll call was taken on the motion.. -Ayes, Spande, Lekson, Zaun, Nelson and Sindt. 80.165 Motion was made by Nelson, seconded ,by Sindt to approve a gambling license for St. Michael Home and School'Association to conduct a raffle at the Chart House as per their application and waive the bond requirement. -3- • • • CITY OF LAKEVILLE COUNCIL MEETING April 7, 1980 Roll call was taken on the motion. Ayes, Lekson, Zaun, Nelson, Sindt and Spande. 80.166 Nation was made by Zaun, seconded by Spande to approve the lease agreement with Gepharts Inc. for the Motor Vehicle Department and authorize the Mayor and Clerk to execute it. Roll .call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.167 Motion was made by Nelson, seconded by Zaun to receive the report from the Chief of Police on alarm service and systems including the use of the trans alarm system. by the city, and to approve an alarm service agreement to be entered into between the City and applicants who wish to use the alarm service of the city and authorize the Mayor and. Clerk to execute such agreements. Ro11 call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. 80..168 Motion was made by Spande, seconded by Sindt to receive the 1979 annual report on the Lakeville Police Department. Roll call was taken on the motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.169 Motion was made by Zaun, seconded by Nelson to receive a letter from Donald Kveton concerning the rezoning of a strip center at the corner of 167th Street and Cedar Avenue from B-3 to B-4 so that Mr. Kveton could obtain a conditional use pe~°mit for an amusement type business. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Nelson and Sindt.` 80.170 Motion was made by Spande, seconded by Nelson to approve an agreement with. Wallace and Teirnan Division of Pennwalt Corporation for. cathodic protection service on the Airlake water tower. Roll call was taken. on the motion. Ayes, Lekson, Zaun, Nelson, Sindt and Spande. 80.171 Motion was made by Zaun, seconded by Nelson to receive a petition requesting street lights being installed on Italy Avenue, 201st Street and Indra Way near Antlers Park. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.172 Motion was made by Zaun, seconded by Nelson to order the street lights in as requested subject to a letter first being sent to the petitioners. explaining that street lighting will be charged for on,the City utility bills. Roll call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. 80.173 Motion was made by Nelson, seconded by Sindt to adopt Ordinance No. 160, and waive the second reading, adopting°the new Lakeville City Code. Roll call. was taken on the .motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.174 Motion was made by Zaun, seconded by Nelson to receive a letter from the Metropolitan Waste Control Commission advising the ,City of an increase in sewage treatment flow for 1979 and 1980 above what the Commission had estimated and charged the City. Roll call was taken. on the motion. Ayes, Spande, Lekson, Zaun.,. Nelson and Sindt. 80.175 t4otion was made by Spande, seconded by Zaun to receive a report from the City staff and consultants analyzing two sites for a new downtown fire station and three sites for anew city hall/police station. Roll call was taken on the motion.. Ayes, Lekson, Zaun, Nelson, Sindt-and Spande. 8.0.176 Motion was made by Zaun, seconded by Nelson to authorize a letter to be sent to the P~innesota Housing Finance Agency in support of the proposed 108 unit apartment complex at Dodd Road and 204th Street, including 22 section 8 subsidized units. -4- • • ~ CITY OF LAKEVILLE COUNCIL MEETING April 7, 1980 Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt and Lekson. Nays, none. Spande abstained. 80.177 Motion was made by Spande, seconded by Sindt to approve a gambling license ' for A11 Saints Church to conduct a raffle and waive the bond requirement, and to approve a non-intoxicating beer license for A11 Saints Church during the raffle events. Roll call was taken on the- motion. Ayes, Nelson, Sindt, Spnnde, Lekson and Zaun. At this time Mr. Paul Johnson., Planning Consultant for the Fox Run preliminary plat, presented the first and second additions to the council.. Mr. Johnson stated that a lease with the State of Minnesota Department of Transportation on a portion of the property as indicated would expire in 1988. The City Attorney suggested that the development agreement include justification concerning the state lease and that each lot purchaser be required to be notified of the existing lease. Mr. Johnson stated that they had no problem with that requirement. 80.178 Motion was made by Zaun, seconded by Spande to approve the preliminary plat of Fox Run first andsecond additions. Ro11 call was taken on the .motion.. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.179 Motion was made by Zaun, seconded by Nelson to approve Change. Order No. 3 to Arcon Construction Company on Project 79-1.. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Nelson and Sindt. 80..180 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 80-37 transfering $150,000 from the Liquor Fund to the Capital Improvement Fund. Roll call was taken on the motion. Ayes, Lekson, Zaun, Nelson, Sindt and Spande. Item #32A, Other Business. 80.181 Motion was made by Zaun,. seconded by Nelson to approve an .agreement and authorize the Mayor and Clerk to execute it for special assessment on property owned by Timothy .and Anne Albert for City sewer and water connection charges. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.182. Motion was made by Nelson, seconded by Lekson to approve abatement of assessments on parcels of property as recommended by the Dakota County Assessors office. Roll call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. 80.183 Motion was"made by Spande, seconded by Sindt to adopt Resolution No. 80-38 concerning the joint transit study between the five cities of Lakeville, Burnsville, Apple Valley, Eagan and Savage. Roll call was taken on the .motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.184 Potion was made by Nelson, seconded by Spande to approve a purchase order in the amount of $1,435.50 for a new cash register for the Motor Vehicle Department as recommended by the Finance Director. .Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Nelson and Sindt. 80.185 Motion was made by Sindt, seconded by Lekson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Lekson, Zaun, Nelson, Sindt,and Spande. Time: 10:22 p.m. Respectfully submitted, f / atrick E. McGarvev, City Cler Gordon Lekson, ayor -5-