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HomeMy WebLinkAbout03-03-80 ,t~ ~ - • CITY OF LAKEVILLE COUNCIL P~IEETING March 3, 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: Darrell Schneider and LeRoy Nyhus, Consulting City Engineers; Patrick Farrell, Cit_y,Attorney; and Patrick McGarvey, City Administrator/Clerk. 80.105 Motion was made by Nelson, seconded by Zaun to approve the minutes of the February 14, 1980 special council meeting. Ro11 call was taken on the motion. Ayes, Spande, Lekson., Zaun, Nelson and Sindt. 80..106 Motion was made by Zaun, seconded by Spande.-to amend the minutes of the February l9, 1980 regular .council meeting on Motion No. 80.94 to read, "letter sent by the City to the", and to annrove the minutes as amended. Ro11 call was taken on the motion. .Ayes., Lekson, Zaun, Nelson, Sindt and Spande. 80.107 Motion was made by Spande, seconded by Nelson to approve the claims for payment as presented. Ro11 call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 5taf f_ reports . The City Attorney advised the council that the Larson and Zweber. lawsuit against the City in-the Highview Avenue project has been dismissed by the court and settled. At this time Mayor Lekson opened the public hearing. on the establishment of a Housing and Redevelopment Authority in the City of Lakeville. The. City Attorney, Patrick Farrell, attested to the proper legal notice calling the public hearing. Councilman Zaun referred to the I~a.keville comprehensive planning program. report entitled Implementation Redevelopment Needs and Ax~proach prepared by Northwest Associated Consultants, Inc. dated February, 1980 which outlines the need for an H.R.A. There .was no one present at the council .meeting wishing to speak from the aud~:ence, for or against the establishment of an H.R.A. 80.108 Motion was made by Zaun, seconded by Sindt to close the public hearing on the establishment of an H.R.A, in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.109 Motion was made by Spande, seconded by Zaun to adopt Resolution No. 80-28 approving the establishment of a Housing and Redevelopment Authority in the City of Lakeville. Roll call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. 80.110 Motion was made by Nelson, seconed by Sindt to receive the minutes from the Natural Resource Committee and Planning. Commission meetings. Roll call was taken on the motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.111 Motion was made by Spande, seconded by Zaun to table consideration of the J. Rapp Company preliminary plat known as Fox Run until it is ready for further consideration. Ro11 call was taken on the. motion. Ayes, Spande, Lekson, Zaun, Nelson and Sindt. 80.112 Motion was made by Nelson, seconded by Spande to adopt Resolution No. $0-29 requesting the Minnesota Department of Transportation to approve a cooperative agreement for the improvement of the intersection of T.H. 50 and County Road 64. -1- • • • CITY -0F LAK~VILLE COUNCIL MEETING March 3, 1980 Roll call was taken on the motion. Ayes, Lekson, Zaun, Nelson, Sindt and Spande. At this time Mr. Glenn Nord, an attorney representing the City of Lakeville in a lawsuit with the City of Burnsville in the Crystal Lake storm drainage issue, addressed the council concerning the`settlement of the suit between the two cities. Mr. Nord presented a letter'to the council giving his comments after reviewing the proposed utility systems agreement between the two cities which would include the settlement of the storm drainage dispute. Mr. Nord stated that. in his opinion both sides have good legal argument to support their case, and that in his opinion the case would most likely be appealed to the Supreme Court of Minnesota by whichever side lost at the lower court level. He stated that in his opinion it would require from $15,.000 to $25,000 or maybe $30,000 in legal and expert witness fees to take the case all the way through the court system by the City.. He stated he understood the Gity needed to consider joint use of the three utility systems addressed by the agreement and for cooperation and harmonious relationships in matters-such as these. These considerations would have to be weighed against pursuing. the litigation. The City Administrator pointed out that the proposed utility systems agreement covered the supply of water from Burnsville to an area in the City of Lakeville on a permanent basis located north of County Road 46, which is 162nd Street in the area near Crystal Lake, the use of the Burnsville sewage conveyance '.for sanitary sewer for approximately 1100 acres of land in Lakeville on a permanent basis, and the settlement of a storm drainage dispute with the payment by Lakeville to Burnsville at six percent interest for a period of 15 years beginning on Jul~T 1, 1981 and ending on July 1, 1995.. .The Administrator also pointed out that the City of Lakeville saved aver $300,OQO from a previous agreement with Burnsville which Lakeville would have had to pay Burnsville for the use of the sanitary sewer system. This savings is a result of both cities working together in convincing the Metropolitan Waste Control Commission and Metropolitan Council to purchase the Burnsville interceptor from Lakeville to the Seneca .Treatment Plant. 80.113 Motion was made by Spande, seconded by Nelson to ax~prove the utility systems agreement with the City of Burnsville for sanitary sewer, water, and storm drainage systems and authorize the Mayor and City Clerk to execute the agreement. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. At this time Nan McKay and Edie Lancaster of the Dakota County H.R.A. addressed the City Council concerning Dakota County H.R.A.°s plans and goal s, for the City of Lakeville for subsidized housing. Ms. McKay asked the. council to specifically approve an agreement which would authorize the Dakota County H.R.A. to acquire a total of six existing single family homes which qualify in the City_of Lakeville. Homes would be acquired in 1980 and 1981 "bv the Dakota County H.R.A. The council discussed the merits and. problems o£ governmental housing.. Mayor Lekson commented that comments were not directed at the Dakota County H.R.A. which he felt had a very good record. 80.114 Motion was made by Zaun, seconded by Spande to atoprove a cooperation agreement with the Dakota County_ Housing and RedevelopmentuAuthority for the acquisition of six scattered-site single family homes in the City of Lakeville over the next two years. Roll call. was taken on the motion. Ayes., Nelson, Sindt, Spande, Lekson and Zaun. At this time the City Council took up consideration of the application of Dr. Brendan O'Brien for a conditional use x~ermit and variances to construct a new home on property he owns on the south side of County Road 44 near Orchard Lake. The council reviewed the various staf_f_ rez~orts and committee rex~orts and pointed out several major concerns and :potential problems involved with the construction of a home on this property. Mr. Walter Sternberg addressed the council and stated he felt Mr. O'Brien should have the right to construct the house, regardless of the cost to _2~ • • CITY OF LAKEVILLE COUNCIL MEETING March 3, 1980 him if that is his desire. Dr. O'Brien stated that he choose the site because he wanted to be in an area where he would have few if .any neighbors and that he was going to pay the cost far improvements, such as City sanitary sewer service, to this property.. The City Council discussed the. various concerns of the City if the conditional use permit were approved for this site. The following points were listed by the council as conditions for the approval of a conditional use permit ..and the variance. There would need to be an erosion control. elan which would be satisfactory to the City Engineer and approved by him with financial security to guarantee its performance. The property owner would have to install a sanitary sewer line to serve the site at his expense with the plans apz~roved by the City. and other governmental authorities for the installation of sanitary sewer lines. The council stated that the house would have to be built above grade and would have to meet the required 30-foot front yard setback. The council also stated that the property would have to be replotted into one lot and block for which one building permit for a single family house could be issued. .The council stated that a rearyard setback variance would be granted to within 20 feet of the high water mark, but. the house would have to be a minimum of three feet above the high water mark as required by ordinance. 80.115 Motion was made by Sindt, seconded by Zaun to grant a conditional use permit to Dr. Brendan O'Brien with the following conditions; an erosion control plan satisfactory to and approved by the City Engineer with financial security, the property to be served by City sanitary sewer and cost to be paid by the developer and the .plans approved by the City Engineer and other governmental agencies, the house be constructed above grade and have a minimum 30 foot front yard setback, that all of the lots be replotted into one tat and block or parcel of property, and that a rearyard setback .variance to within 20 feet of the high water mark at a minimum of 3 'feet above the .high water mark be approved. Roll call was taken on the motion. Ayes, Sindt, Spande, Lekson, and Zaun. Nays, Nelson. Councilman Nelson stated he voted against the approval of the conditional use permit and variance because he felt it would be a poor place to build a house, and it is too close to wetlands. 80,116 Motion was made by Spande, seconded by Zaun to receive the bids on pu_mphouse number. six and table consideration of awarding the contract to the March 17, 1980 council meeting due to the condition of the municipal bond market. Roll. call was taken on the motion. Ayes, Spande, Lekson, .Zaun, Nelson and Sindt. 80.117 Motion was made by_Nelson, seconded by Spande to_table .consideration of the proposed drug related ordinance and x-efer it to the police committee of the City Council for review. Roll call was taken on the motion. Ayes, Lekson, Zaun, Nelson,. Sindt, and Spande. 80.118 Motion was made by Zaun, seconded by Nelson to apx>roye change order No. 1 with Brown and Chris in the amount of $5,019.04 om Project 79-13. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Spande and Lekson. 80.119 Motion was made by Nelson, seconded by Spande to approve change order No. 2 to Orf_ei and Sons in the amount of $2,775.00 on Project 79-5. Roll call was taken on the motion. Ayes, Nelson, Sindt, Spande, Lekson and Zaun. 80.120 Motion was made by Nelson, seconded by Zaun to approve a license for a raffle to Pan-O--Frog, and waive the bond requirement. -3- • • ~ CITY OF LAKEVILLE COUNCII, MEETING March 3, 1980 Roll call was taken on the motion. Ayes, Sindt, Spande, Lekson, Zaun and Nelson. 80.121 Motion was. made by Zaun, seconded by Nelsen to approve an application to the Dakota County C.E.T.A. office for summer positions in the recreation and maintenance departments. Ro11 call was taken on the motion. Ayes, Spande, Lekson, Zaun., Nelson and Sindt. 80.122 Motion was made by Nelson,. seconded by Zaun to adjaurn the council meeting. Roll call was taken on the mation. Ayes, Lekson, Zaun, Nelson, Sindt and Spande. Time: 10:00 p.m. Respectfully submitted, r - ~ , ,~~--5 J'~~ atrick E. McGarvey, City Clerk~,,~ f ~ G don Lekson, or -4-