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HomeMy WebLinkAbout04-17-78 -CITY OF LAKEVTLLE COUNCIL MEETING APRIL 17 1978 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,`_Curry, Zaun, Nelson and Mayor Lekson. Also present: Darrell Schneider, Consulting City Engineer; Dennis Feller, Fin- ance Director.; James Robinette, Public Works: Director; Roger Knutson,"City Attor- ney; Patrick McGa.rvey, City Administrator/Clerk. 78.158'- Motion was made by _Zaun, seconded by Nelson to approve the minutes of the April 3, '197$. Council meeting:,: Rall call was taken on the maton. Ayes, Lekson,.Curry, 7aun, Nelson and-Spande. 7$..159 Mao~ion wes made by Curry, seconded by Zaun to approve the claims for payment as .presented. Roll call was` taken on the motion. Ayes, Curry,Zaun, Nelson,- Spande and 'Lekson. .Staff reports~ The City Attorney.handed out a written report on the status of the past prose-~ ? cutions`for the. City. City Administrator. The City. Admnistra~o~ advised the~Council he`had received a letter from St. John's Lutheran Church requesting approval to place `,a concession' tand on the City's Municipal Liquor Store parking lot during the Pan-O-Prog parade on July 9,.,1978:- 78.160 Motiom was made by Curry, seconded by Zaun to ,approve St. John's Lutheran Church use of the southeast corner of the Municipal Liquor Store<parkng lot on Ho~~©ke Avenue fora concessd.on stand during the Pan-O-Prog parade on July 9 1978. . Roll call was taken on; the motion. Ayes, Zaun, Nelson, Spande, ;Lekson and Curry.. r The City'Administrator requested the £ouncT to approve 'the payment to North- western National Bank of Minneapolis 'in the amount of $144,$71.11 for he-ex- penses on the $2,205,000 adv~n.cc-refunding bond issue. 78.161 Mo ion was made ,by Curry, seconded by Zaun to approve the :payment of $144,871.11 to ;Northwestern National Bank. of ..Minneapolis for the expenses on .the advanced refunding bond sale. Roll call was taken on-the motion. Ayes,Nelson,.: Spande, Lekson, Curry and` Zaun. 78.162 - Motion was made by 7aun, seconded by Nelson 'to approve 'the ,payment of $91 to the VFW for the Centennial dinner costs. :Roll call was taken on-the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. The City Engineerhanded out a draft copy of wager system reporf. 78.1$3_ Motion was made by Spande, seconded by Curry to approve a 3:2 beer license_Off- -Sale, to Paul .:Krause and Mick`Tingelhoff for aself-service gas station on Hwy., 50'and Interstate`35,` Roll call was taken on the motion'. Ayes, Lekson, Gurry, Zaun, Nelson., Spande. At this. time, Mayor Lekson opened'the'public`hearng on the Community Develop- m ent Block Grant program under the U. S. Department of Housing and Urban..- Development.; The'City.Clerk attested to the legal notice of the public hearing. The City Administrator gave: an explanation to the citizens present about the purpose of the Community Development`B1QCk Grant program and the procedure of the purpose of the hearing npreparing apre-application,. The Administrator: pointed out'that the City.. Council's intent was to file a pre-application for funds to make improvements o the -0rchard Lake trunksewer -1- 1 -r : CITY OF LAKEVILLE COUNCIL MEETING ,`APRIL 17, 1978 system in .the.. event that. our'request.,that the problems on the Orchard Lake trunks are nc~t-.considered tQ`be an imminent threat to the public .health as :requested bg the City. _ r The Mayor:asked if there wa.s~anyone present wishing to comment or make sugges- tibmm~cc~ice~nn~ thenCrant program: Thee was noone present wishing to comment. .78.164, Motion was made.Uy 7aun, seconded by Curry to close the public hearing. , Rall call was' taken o~¢the-motion. Ayes, Curry, Zaun, Nelson, Spande and'Lekson. The City Administza4r arCnounced that thee. second hearing would be held on Thursday, April 20'~.9T8 at..~":00-P.M. in the. Council-Chambers as per:the .legal notice. ' 78.165. Motion was made by Curry, seconded by Zaun to receive the .minutes. of the Park and Recreation Committee, Natural Resource, Committee, and Planning Commission meetings. Ro11 call was taken on the motion. Ayes, Zaun, Nelson, Spande,`Zekson and Curry. At this-.time Mr."Glen Klotz ;appeared before: the Council to present his request to have'Lots.1, 2, .and 3 of Weisner's Lake Addition,.Block l rezoned from R-1B to R-1C. Mr. Klotz explained that he felt the zoning would be approgriate.'now that the Cty`had utility service in the area. Mr. Klotz stated that if the zoning was approved he would 'be asking `for approval of-a replat_of these three lots into-a new plat of either four or `five lots. T'he City Council discussed: the concerns pointed out by the Planning:..Commission and their recommendation to deny he 'rezoning at this time. Fay Gralow stated that a petition had been submitted to the Planning Commission and Council requesting that the rezoning. be denied.. 78:..166 Motion was made by Curry, seconded by Zaun to acknowledge .receipt of he peti- tion opposing the rezoning. Roll call was taken on the. motion. Ayes, Nelson, Spande, ;Lekson, Curry :and Zaun. 78.167 Motion was made Curry, seconded by Zaun to follow the recommendation of the Plannigg:GOmmission and deny the rezoning of Lots 1, 2, and 3 of Block 1, Wesner's Lake Addition based on the. reasons set forth in the Planning Commis- son minutes of"April 6', 197$. Roll' call was taken on the motion. Ayes , 'Spande, Lei~soxt, Curry, .~eun and. Nelson. At `this time the City Council took up the matter'of_the preliminary plat of-the Dodd Terrace .Addition being.•developedby Jerry ,Clay. The staff pointed out that' the. sewer and:water and street are already in place. Improvements for this p1:at on°theeast side of Iran Avenue consisting `of eleven 'lots would include' two new'street lights and $850 donationto'the park. development fund. The City Administrator asked the Council ,to consider a policy matter concerning concrete curb and gutter and sidewa2;ks in the plat which `is across the strset from an-older plat .which did not have those type::of improvements required when it was.. developed. The City'Council discussed the advisability of putting concrete curb and gutter on one side of the street. The consensus:of the `Council was that concrete-curb : and,~utter would not be-.necessary and required on Iran Avenue on the'east side and that the sidewalk should':be included. Lot 11, whieh.`is a coYner lof°on Iran 'Avenue .and the future extension of 2fl8th Street would :have concrete curb and gutter-and sidewalk on the north side of the :lot .when .:208th Street is extended to the east in future deve opment. Mr: Clay: asked the Caunc~l:~~f it would be possible to receive building permits.. after .the pt^:iminary ~-plat ~s' approved due to the fact that the major imp~ave- ments to the e'].even lots are:'already'"in place, that being City sanitary sewer, water and~~streets.: -2- . • • • CITY OF: LAKEVILLE COUNCIL MEETING: APRIL 17, 1978 Mr. Spande asked Mr. Clay`if there would be covenants on these lots similar to the ones he placed on the Clay's Acres Addition.. Mr. Clay stated that the h©uaes-would be built with 1,100 square feet.-or more of space and that .there would be a~ asphalt drive and double garages.. He did not state that he would put them in the form of a written covenant. Citizens gresentraised quest~tflns`coneerning the requirements for covenants and the deed-for;a'p~.rk to serve: the :existing Clay's Acre Addition and these new Additions. ::x < 78'.168 ' Mo ion was made b~y,Curry, seconded by; Zaun to approve the preliminary ;plat of Dodd Terrace subject to he submittal of an approved street lighting plan., sidewalk plan and drainage plan for the plat:- Roll callwastalon on.,~.he motion. Ayes, Lekson Curry, Zaun, Nelson, Spends. A t this time the City Council took..: up consideration of the site plan and. building plan for the new building`"on Lot~l, Block 1 of Airlake st Addition. " An`appeal was"necessary under-„~tesoiuton X77-71 to build on a lot of Tess. than l0 acres in size`where`thexe is no sanitary sewer and a conditional use permit is also necessary under~Ordinance X6114 when there is rt~ sanitary sewer. Mr. Bernie Grubbish, representing HitcY~eo~k Industries, discussed the request for two driveway approaches onto. Highway SO and the width. The Planning Con- sultant and Engineer had expressed concern over the`need for two driveway;en- trances. 78.169' Motion was made by Zaun, seconded: by Curry to approve: the appeal of Hitchcock Industries to construct on a lot of .less than ten acres in '`size. Roll call wastaken on the motion. .Ayes, Curry., Zaun,..Nelson, Spande, and Lekson. At this time the. City Council took up `consideration of the conditional usc~'permit for Hitchcock Industries-for the above project. It was pointed .out that this lot. is in"an area of the City which will be receiving sanitary ;sewer service in the 'near future. It was also ..:pointed. out that the occupant of the"<new building will most likely have a use greater than a single family house. Mr. Grubbish pointed out. that the site plan would be altered in that the build ix~g would have to be set in a different location'on the lot due to recent in- fcrrmation obtained concerning the flood way in that area of the City. Mr.- Grubbish asked the Council to approve the site plan subject to the Engineer: giving-final approval. on the exact building location on the 'lot .once he has hadtime to review the site plan and topographic information concerning the flood way.- 78.170' Motion was made by'Zaun, seconded by Curry-to approve:;theconditonal use.per- mit. The Council then discussed whether or not we'should delaq approval until the Engineer had time to review the revised site plan-in relation to the f1Qod way information. 78.171 After discussion,: an amendment to the motion was made by,Curryand seconded by,;Zaun to make `the approval.. subject to the approval of Clxe City;Engineer caricerning the flood way considerations and fihe driveway considerations aE'ter consulting.the floodway maps and the Minn. Department of Transportation. Ro11 call was taken on the amendment~._ Ayes,, Nelson, Spande, Lekson, Curry and Zaun. Roll call was tsken on motion. Ayes, ~`~>~gaup, Nelson, Spande, Lekson atnd Curry. At this time Mr._John Tschohl addressed the City 'Council concernxtg the final plat of The Meadows, lst Addition. Mr. Tschohl stated that'itnprovement costs for the'_23 lot 1st Addition was higher hen he expected, and he requested the Council `to consider the deletion o'f concrete curb. and 'gutter on the north side of 208th: Street as the-street now exists for the same reasons that it was de- leted on the ,east side of Iran Avenue. :He also}stated that he may wish ta're- -3^ 'CITY OF LAKEVILLE COUNCIL MEETING APRIL 17 y '1978 , duce the f~umber. of lots in the lst Addition to less than.23, so that he can re- duce his costs. at this.,.time;. After considerable discussion, the City. Administrator recommended that the Coun- cil table the approval of the final plat :until Mr.>TSchohl either decides'to do the required improvements`-for the'23 Iot 1st Addition .that he submitted, or submit a..new.finalplat for thelst:Addition with less Tots. . 78.172 Motion was made by Curry, seeonded'by 7.aun to table the final plat of the Meadows lst Addition.` Roll call,'was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson: The City Administrator reviewed the-new Ordinance which would amend the Zoning Ordinance ~~42' and repeal Ordinance X104 pertaining to filling, excavating,' in t he operation of a pit within the City.. It was pointed out 'that this .Ordit~- ance°:wauld require the existing operators to comply with its provisions when theq ask for renewals in 1979. The; Council considered this the first `reading of the Ordinance and directed that the ordinance. be placed on the May: 1, •1.978. agenda for the second reading and adoption: At; this time Mr. Don McGuire;.. Superintendent of Schools, appeared before the Council with his request for approval of a 40 foot by;80 foot metal building to server-.for :storage :purposes at the Lakeville High School. 78.173 Motion was made by Spande, seconded bq Zaun to authorize the Building Inspector to issue a,permit for a storage building at the Lakeville High. School based on the recommendation of the Planning, Commission meeting of April 6, 1978'. Roll .call was taken, on the .`motion. :Ayes , Lekson, Curry, :Zaun., ..Nelson, Spande At this time Mr. Mike Giles appeared before the Council to request approval to build homes on Lots 13 and I4 of Block 4 in Clay's Acres Addition-below the.` street .grade.. Mr. Spande asked Mr. Giles if he was: aware that he would have to aas~e any costs for the change in the sewer service and service lines which might result. because. of these homes being built below grade. Mr, Giles stated that he would :assume any of these costs.. 78.174 Motion was made by Zaun, seconded by Spande-to approve a building permit to con- struet houses below the street grade as recommended by the Building Inspector for Lots 13 and 14, Block # of Clay's Acres Addition. Roll. call was. taken on the motion. Ayes,: Curry, Zaun, ,Nelson, Spande and Lekson. 78.175 Motion was made by Spande, seconded by Nelson to extend the ;Council meeting be- yond he 10:30-adjournment time. Roll. call was taken on the motion. Ayes, Zaun, Nelson:,. Spande,. Lekson 'and Curry. 78.176 Motion .was made by Curry, seconded by Zaun to receive the bids on the:Redevelop- went of`W~ll;~3. Rolf call. was taken on the motion. Ayes, Nelson, Spande,;Zekson, Curry and Zau~i. 78.176 Motion was made by Curry, seconded by Nelson to award .the contract for the Re- development work .on Well ~3 to Layne-Minnesota Company for a cast not to exceed $ 28,707. Roll. call~taas taken`on,the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson.. 78.177 Motion was made by Zaun, seconded."by .Spande to authorize Consulting Engineers Diversified to;'is~pd~,teR the: Compreh~nsive~ Sewer Plan of the Gity as per.aetter submitted`by~the firm=dated April 11, 1978 from Mr. Schneider, for a cost not to exceed $14,500, Ro11 call was takers on the motion. Ayes, Lekson, Curyy,.:Zaun, Nelson and Spande. 78.'178 Motion was made by Curry, seconded by Nelson to :approve Boy .Scout Troop ,230 to -4- • CITY f~F LE~ILLB COUNCIL MEETING :APRIL 17, 197.8 place newspaper recycl3~:g .containers ~n t'~e,Parkvew and Bunker Hill Parks: Roll call was taken on the motion: Ayes., Curry, Zaun, Nelson, Spande and Lekson. At this ''time Mr. St~ve~iii,cl~aud, Park and Recreation Director, reviewed a report. he prepared for the Park and Recreation Committee. and City Counc l concerning park .dedication requirements :of various~metrogoltan suburbs. The Conneil' discussed the report, Mr. Knutson reported that_Mr, ~aul:.Rxause liad requested ghat~thef-;draise~er~~asement o Lot 5 of `the .Golden Leaf Forest Addition be`vacated as the-buyer of 'the lot would like to build a°home on the ~lbt a'nd needs to place the driveway, through this. area. Mr. Knutson-advised the Counci'1 fihat in order to vacate an easement a'publc hear- ing has. to be called and there must be at Least 14 days legal notice.. Mr. Knutson , s toted that Mr. Krause and the `buyer. were anxious to know if there was a con'- c ensus on the Council concerning the vacation of this easement once the legal procedures had been complied with... The concensus appeared to be that if the Engineers found no 'reason for retaining.. the-'easement .that it could be vacated. 78.1.79.... Motion was made by Curry, seconded by Zaun 'to set a public hearing on the vaca- tion of the easement on Lot.S of::the Golden Leaf.-Forest Addition for-May 15,':.1978. Roll call was taken on-'the motion. Ayes, Zaun., Nelsom Spande, Lekson and Curry. TheeCity'Engineer stated that he had received a request from the owner of the Skelly Station,at the corner of Trunk Highway 50 and 175th Street for the ex- tension of the .City utilities.. to that: site. In accordance, the Engineer pre- pared a preliminaryreport on the cost of the extensions which would erve` two gas stations and a small shopping center in that area. The Engineer re- quested that =3~~'~t~ie ~Conn.eil wishes to pursue the matter that they call. a pub- lic hearing on the proposed improvement. 78.1$0 Motion was made by Zaun, seconded by Nelson to receive the preliminary report and call`s public hearing for the extension of utilities to the.Skelly, former Phillips 66 :and shopping center at the intersection of Trunk Highway 50 and l7Sth Street for-May 15, 1978. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and-Zaun. Mr. James.Krake was present at the, Council meeting concerning. the City's re- quirements.for improvements to the Sea Girt Inn as recommended by the Build- ing'Inspector. The Council discussed the requirements and `it was agreed that the .City Attorney would check with.. the: State Building Inspector's office and Fire.Marshall,=of>necessarysto~,werify the requirements. 78.181: Motion was made by Zaun., seconded by Nelson to;ad3ourn°the Council meeting.. Roll call was taken on the motion. Ayes, Spande Lekson, Curry, Zaun and Nelson. Time: -11.30 P.M. Respectfully submitted, J ' Patrick E. McGarvey, Cher ordon Lekson, Magog