HomeMy WebLinkAbout09-02-75
` CITY OF LAKEVILLE COUNCIL MEETIlU'G
s 2, 1975
The meeting was called to order at $:00 P.M. by Mayor Make. Flag pledge
folla~?ed.
Present; Zaun, Br~ndes, Make, ~nond and Clarkson.
A7.so present; Robert Rosene, City Engineer, ..Richard Hogan, City Admis~3.strator
and Pat Farrell, ,City Attc?rney.
75.5 Motion bq Braades seconded by Zaun to accept the minutes of the August 18, 1975
meeting as presented. Zaun, Hrandes, Mako, Emend and Clarkson "aye", motion
carried.
75.589 Motion by Zaun seconded by Brander to pay ..the claims against the City.- Brander,
Make, Emend, Clarkson and Zaun r'at'e", motion carried.
Roy Edwin ~~ort was sworn in as a member of the Lakeville Civil Defense Police
Reserve.
75.590 Motion by Emend seconded by Zaun to authorize matching funds for the skating..
rink at the new high. school and to use surplus .funds from the Liquor Store
to cover ~ work not budgeted for i.n 197~#~ Make, Emend, Clarkson, Zaun and
Brander "aye", motion carried. ~
75.591 Motion by Make seconded by 2aun to .follow the recommendation of the Plaxnning
Commission and grant Mr. Tom Farber a buildingpermt for a plastic factory
in ~irlake Industrial Park subject to the reviewal of the. plans by the
Buiing Inspector, Fire .Chief .and Pollee Chief. Emend, Clarkson, Zaun,
Brander and Make "aye", motion carried.
75.592 Motion by Emend seconded by_Brandes to follow the recommendation of the'
Plazuai.ng Commission and grant Mr. Greg.. Klotz a building.:permit for a garage.
32 x ~+0'. Clarkson, Zaun, Brander, Mako and Emend "aye", motion carried.
75.593 Motion by Emend seconded by Zaun to follow the 'recommendaton'of the Planning
...Commission and grant.al.1 Saints Church a variance to garage size. Zaun, Brandes,_
'Make, Emend and:. Clarkson "aye", motion carried.
75.59++ Motion by Clarkson seconded by Zaun. to table the fence ordinance axac3~_return
this ordinance to the Planning Commission for reviewal in light of :.'the Council's
misunderstanding of theirmiriutes with a recommendation to be returned by October
f and to grant Mr. Olson an extension on his compliance to the fence ordinance
until the Council takes definite action. Brander, Mako, Emend, Clarkson and
Zaun "aye", motion carried.
Mr. Rosene reported on the difficulty being encountered with the street surfacing
on Iteri Avenue. He said that. the base being put down would add to the cost
of the project...
75.595 Motion Ernond seconded by Clarkson to acknowledge receipt. of the.. petition
for street improvements ~tc> South Oak Shore Drive. Make, FYaond, Clarkson, Zaun
and Brander "age", motion carried..
75.596 Motion by Brander seconded by Zaun',to xefer the request for the street
improvement to South Oak Shore Drive to the engineer who'willreturn with a
recommendation. Emend, Clarkson, Zaun, Brander and Mako "aye", motion carried.'
75.597 Motion by Emend seconded by Zaun to authorize the Mayor :and Clerk to execute<the
television repair contracts. .Clarkson,. Zaun, Brander, Make and Emend "aye",
motion carried.
75.598 Motion by Mako seconded by Zaun to appoint the City Administrator as the
responsible. authority for filing of report to the State Legislature.
Zaun, Brander, Make, Emend. and Clarkson "aye", motion carried.
Mr. George Hammer appeared before the Council ixi regard to his request for a
dance permit. The Council was advised that insurance would be available.
75.599 Motion by Em~ond seconded by Zaun to grant Mr. Flammer a dance permit. subject
to the insurance, a hold harmless clause in the insurance and the approval of
.the Police Chief. Brander, Make, Emend, Clarkson and Zaun "aye,,,., motion carried.
~1)
CITY OF LAKI~VILLE COUNCIL MgETZNG
SEPTEMBER 2, .1975
Mr. Farrell reported on the progress he has made with the landowners south of
Lake Marion i.xi the matter of obtaining temporary easements fora drainage ditch.
He advised that a condemnation stmt had been filed to establish if this is a
natural waterway that exists .between Lake Marion and the undergrotand storm sewer
system near the police office.
Mr. Farrell recommended that 1. a fail safe system be established using sand
bags and boards if necessary and that 2. monitoring of the system be established
to see what is taking place, especially downstream. There will be a fish trap
installed at the opening from the lake to keep out rough fish.. The landowners
have requested that ~.n the event this land is developed later, the City will take
into consideration any land taken for easements.
It was also felt that the City shauld agree to indemnify these people if arm
suits were filed for flooding occurring downstream.
75.600 Mation by Zaun seconded by Emond to authorize the Mayor and Clerk to sign a
contract for acquiring temporary easements for constructing a ditch on the
Missouri Synod Lutheran Church property, the Norbert Jensen,Peter Friedges,
Sam Testa anti Janet Meadows property. Mako, E~nond, Clarkson, Zaun and Braandes
"aye", motion carried.
75.601 Motion by Emond secondedj0`larksonto take up to $5000 for the ditch project
from the 197+ surplus liquor store money. Emond, Clarkson, Zaun, Brander and
Mako "aye", motion carried.
No agreement was reached regarding the common road to the maintenance shop.
75.602 Motion by Emond seconded by Zaun to accept the bids on the road grader..
Clarkson, Zaun, Brander, Mako and Emond "aye", motion carried.
75.603 Motion by Zatan seconded by Brander to follow the recommendation of the Public
Works Director and award the contract to Valley Equipment Co, John Deere,
.using alternate A which amounts to $60,x+70. Zaun, Brander, Mako, Emond and
Clarkson "aye" motion carried.
75.60+ Motion by Zaun seconded by Mako_to authorize the Mayor and Clerk to .sign the
necessary documents for the contract. Brander, Mako, Emond, Clarkson and
Zatzn "aye", motion carried.
75.605 Motion by Clarkson seconded by Brander to`accept the bids for seal coating
the streets.` Mako, Emond, Clarkson, Zaun and Brander "aye", motion carried..
75.606 Motion by Emond seconded by Zaun to award the contract for the street seal
coating to the low bidder, Allied Blacktop Company: whose bid was $12,369.00.
Emond, Clarkson, Zaun, Brander and Mako "aye", motion carried.
75.607 Motion by Mako seconded by Zatan to adopt the resolution authorizing the
advance money policy and authorizing the.-expenditure of up to $100.00.
Clarkson, Zaun, Brander, Mako and Emond "aye", motion carried.
75.608 Motion by Earond seconded by Mako to table action on the Hennepin County
purchasing agreement until the second meeting in December. Zatan, Brander, Mako,
Emond and Clarkson "aye", motion carried.
75.6og Mation by Zaun seconded by Emond to authorize the Mayor to send the letter to
Revenue Sharing regarding the proposed record keeping requirements. Brander,
Mako, Emond, Clarkson and Zaun "aye", motion carried.
75.610 Motion by Emond seconded by Brander to accept the plans and specs for the
Orchard Lake water and sewer improvements and follow the recommendation of the
engineer to receive bids on Friday, Oct. 3 at 1100 A. M. Mako, Emond,
.Clarkson, Zatan and Brander "aye", motion carried.
75.611 Motion by Emond seconded by Zarin to authorize the attorney to acquire the
Sauser parcel on Holyoke Avenue for the total price of $31,$O which includes
appraisals. Emond, Clarkson, Zatzn, Brander and Mako "aye", motion carried.
~2)
•
CITY OF t.aTr~rrr.r.F COUNCIL MEETING
SEPTE~ER 2, 1975
Mr. Farrell was requested to review the Park Ordinance to see if it would
be possible. to ..allow set-up sales in the parks.
Motion by Clarkson seconded by Zaun to ad3ourn carried. unanimously.
Respectfully submitted,
CLERK
MAYOR
•
J O H N S D N & L O N D O N
PROFESSIONAL ASSOCIATION
LANCE J. JOHNSON 255 SOUTH LA FAYETTE ROAD
RpNAI.D 5. LONDON ST. PAULA MINNESOTA 55107
WILLIAM J. MAUZY August 26, 1975 (C~12) 227-..5591
Edward...Mako, Mayor:.
City of Lakeville;
Lakeville,'Minnesota 55Q44
Re: Platting and rezoning;for Dakota Heights: 7th Addition.
Dear Mayor Mako;
I understand that: the Lakeville.City Council. recently
voted"to deny .the plat .for Dakota Heights 7th Addition and
also thexezoning of three parcels of land located w hin
hat plat.:
The_applicaton for both the platting and the zoning,
was properly filed and notice properly given. The application
has been before the Planning Commission, referred to the
Sewer and. Water. Committee, referred to he Park Board,
further considered by the Planning Commission, discussed.
wiah both..the City Planner and the City Engineer on numerous
occasions.' Those discussions have.been numerous and,;consequently,
expensive ao the proper yowners-. In addition, all e.chnical
.requirements have been 'met including the submission of a
two-foot. contour map which was purchased from the. City of
Lakeville.
The application was before :your Council on or about
June 9", 1975. No action was: taken. On June'16, 1975, you
stated in the presence ;of some of the property owners and
myself that you would call`Robes Laddusaw when it would be
on the. agenda .again.; two months dater, no such call had been
received. Since. that time, the. Council has, withoutour
knowledge :and consent, referred it back"to the Planning
Commi sion'for reconsideration. If they in turn `.referred :it
again-' o the Park Committee,`it:was without our knowledge''or
consent. That further deliberation increased the.`number of
occasions on which 'this application has been.<considered by
several different arms of your government. Finally, on
August 4,'1975, without any notice. either to the property
owners or-.myself, the Council denied the plat and the>rezoning,
The City Planner. in a memorandum dated March 31, 1975,
stated as his recommendationthat it "appears;. that the
proposed preliminary plat will-comply wiah all applicable
Edward Mako, Mayor -2- August 26, 1975
requirements: and thus warrants a favorable recommendation
from he City Planning.Commission.° The City `Engineer also.:
submitted a letter.,. dated April 8, 1975, to the Lakeville
Planning Commission in which he rediewed the proposed plat
on Dakota Heights 7th Addition. As will be 'seen later on,
it is appropriate. to point out hat a portion of. his letter
read as follows
"The 'street on the.northside of the plat (175th Street}
is `only being half dedicated .with ,this plat, the ba ance
-to come from the property on the north when,it is
platted..* *
On April 2,4, 1975, the Planning Commission stamped our copy
of the. proposed Dakota Heights 7th Addition,. which is in `my
possession, as being approved. and recommended it o-the
Council for approval.
In a supplementary memorandum dated March 28, 1975,
regarding the: proposed rezoning, the.Planner_s ated as his
cone usion.that:
"It is my recommendation hat the rezo.nings-from R-1C
'to R-2 and R-3C be given a`favorable recommendation and;
that the. commercial rezoning (R-1C-to B-2} on 'Outlot
C',be tabled unti uch time that'the Lakeville zoning
ordinance is amended o more adequate y restrict
neighborhood commercial uses:.'"
It can be seen that he recommended two:. of the rezoningsfor
approval and his position on the third rezoning, although
perhaps nice from:a planning s andpoint,_is not a legal
reason for denying. the. rezoning.
When the. Planning Commission met and reconsidered its
prior action, it set forth `four reasons for denying rezoning
on all three parcels afthe pxoperty. The Planning Commission
also. voted to reconsider. and to deny the 'proposed plat.
Your Councl'minutes recite that the reasons set forth by
the 'Planning Commission at that meeting were. the same. reasons
used by the City Council at its mee ng on or about August
4 , 1975, for its_ action
As far as the: platting is .concerned, .all of` ;the' requirements
of .the subdivision ordinance have been met and complied with.
by the applicant.... .:Furthermore,`. the reason that the plat
..contains only cone-ha f street, making for inadequate
access is both inconsistent with .the Cray..Engineer's memorandum
referred o above and also contrary both to his recommendation.
Edward Mako, Mayor -3- August 26, 1975
and the recommendation o~ the. City Planner. Straight alignment
with. that portion of 175th which abuts the First and Third
Additions. of Dakota Heights would. not be possible if other
than a half s rest were used:_
The other .three reasons set forth by the Planning
Commission as a basis for denying the.. plat are in no way
reasonably related to a legalbass on which to deny a plat
as they do not appear anywhere in the subdivision ordinance.
Turning to the zoning.,.. it is appropriate to point out
that the 'comprehensive municipal. plan adopted by: the City of
Lakeville in October of 1968, specifically provides that the.
corner included within this application for rezoning should
be commercial. The scale indicates -that more than what is
sought to_be rezoned B-2, is o be "commercial". Tt is in
,reliance upon that comprehensive municipal ,plan that the
application to rezone on that basis was filed. The `Planner
in his memorandum_of March 28, 1975, sta es that that zoning
is as outlined in ,the Lakeville Comprehensive Plan and that
"This type of use (neighborhood oriented] would be `a benefit
to the. occupants. in the. proposed plat and adjoining areas
once whey. are developed".
As far as the "reasons" given for denying the rezonings,
I am not familiar with_any one of them being a legal basis
upon which rezoning can be denied.
In connection with the filing of the .zoning requests:.
and the platting, it has been proposed .that.. youranticipate
installing the: santaxy ewer trunk line througha portion
,of Dakota Heights 7th Addition. If that occurs and .the:
rezoning and platting is all approved, the City of Lakeville
will receive payments from the owners of the .land on at
least three different bases. First, an area. assessment.
Secondly, every time there is a hookup there will be a
hookup charge paid. Thirdly, that portion of the. plat which
has lots fronting on the section through which the sanitary
sewer trunk runs will, presumably, be asses ed for lateral
benefts._ (It is presently anticipated by your Engineer
that this `amount :could 'be approximately'`$37,000.OOj.
Fourthly, he developer donate to the City the 'land which
the City would `otherwise be required to acquire ;if it is
going to run the sewer trunk through its property.
An alternative route. has been discussed for the. ':trunk
and that is .the.: northern.. portion of the proposed plat and
which is designated 175th Street. It is my understanding
that your Engineer. does-not want a..jog in .the street and, as
a result, it wll_still be necessary for you to obtain-an
` ~ •
Edward Mako, Mayor -4- August 26, 1975:.
easement :from Mr. Barrett and the owners. of Dakota ..Heights
7th for which payment will `be required. To run ;the rank in
that direction will also require deeper 'cuts', thereby increasing
the cost of the installation of that trunk line. If that
occurs, there will-not be any lateral benefits resulting in
the loss of at least $37,Q00.40 in revenues to the City Qf
Lakeville in addition to the extra construction costs including
easement costs. If there are not sufficient revenues from
other,saurces,' the taxpayers of the"City of Lakeville will
be required to make up' he `shortfal`l.
I respectfully request that the. Ci y Council reconsider
-its action. at its next regular y scheduled 'meeting which is
going to be September.. 3, 1975 and that a said meeting the
Ccauncil apgrove all of he requested rezoning and also he
approval of the plat. In addition,-as was set before the
Council earlier, the applicant requests_that the 'City, of
Lakeville install at its expense and assess the 'land, the
storm sew~er,.sewer: and water in Ionia Path between 175th'
Swreet [nTest and 176th Street West, _the sewer' and water into
Lonia Court, and the water from Ipava Avenue up to approximately
Illinois Court. Those assessments=would be payable over a
fifteen (15~ year, period, said-payments_to include in crest
at the rate required to be .paid by .the municipality. The
developer willpostea bond'for the grading and grave ing of
the roads.' The blacktop, curb'and'.gutter and any other
amenities which the. residents might feel beneficial will be
installed at such time as the residents of the area file an
appropriate peti ion with the City Council reques ing the
installation of those improvements. That method is suggested'
since 'presumably they are the be t persons to judge whether
they .wish to have that type'of improvement in front of their
house.,.. An additional benefit results in_that the purchaser
is able. tobuy a lot fora owes price, thereby .wending to
increase development in, that area. The 'increased development
is beneficial to Lakeville.
It seems appropriate to be able to work his out by the
City Council voting; to reconsider this matter and then
taking such additional `action as may be required o effectuate
the rezoning and the platting. Since the reasons specified
for denying the: plat and the' rezoning do not have`any basis
in law, I feel-it only fair to inform you that, if necessary,
such proceedings as may':be necessary will be commenced ri-
Dstrct Court to obtain approval of the plat and the rezoning.
In that connection, it has been more than 60 days since the
public hearing on the plat. As a result., according to Minn.
•
Edward Mako, Mayor -5- August 26, 1975
Stat. Sec. 462.358, Subd. 3, the plat,..as smatter soflaw.,
has been approved. We-are not by this letter: or any appearance
at any council meeting waiving any legal right or remedy.:
Tn your consideration of this matter,..T hope that you
and the other council members will not forget that he
property owners are also taxpayers in your municipality and
that, they too, are entitled to certain rights and minimum
-standards of fair play.. I leave for you to determine whether
if you: were this 'applicant, you would feel that you had been
given basic rights-and. whether minimum standards of fair
play had been applied to you........
Ve truly your
Lance J. J s
LJJ:cje-