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HomeMy WebLinkAbout05-04-81 0.' CITY OF LAKEVILLE COUNCIL MEETING - May 4, 1981 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, Sindt, Nelson .and Mayor Lekson. Also present: Patrick Farrell, City Attorney; David Licht, City Planning Consultant; Darrell Schneider, City Engineering Consultant;. Patrick McGarvey, City Administrator/Clerk. 81.200 Motion was made by Zaun, seconded. by Nelson to approve the minutes of the April 20, 1981 council meeting. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sndt &_Nelson. 81.201 Motion was made by Nelson, seconded by Zaun to approve the claims for payment as presented. _ ,Roll call was taken on the motion. Ayes, Lekson, Zaun, Sndt, Nelson &a_S~aande. Staff rer~orts; City Attorneye Mr. Farrell recommended the council approve an easement and the payment in the amount of $2,2OD to John ann.Delores Lemke. 81.202 Motion was made by Zaun, 'seconded by`Sindt'to approve an easement and author- ize the payment off' $2,200 to John and Delores Lemke. Roll call wa~_taken on the motion. Ayes, Zaun-, Sinnt,`Nelson, Spande & Lekson. 81.203. .Motion was 'made by Spande, seconded.by Nelson to approve an easement and: authorize payment in `the amount of $627 to Warren and Margaret Walters. Roll call was taken on the ..motion. Ayes, Sindt, Nelson, Spande, Lekson &`Zaun. 81.204 - Motion was made ;by Zaun, seconded by Sindt to approve a construction easement with Roberta and Elizabeth Angus.' Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. 81.205 Motion was made by Spande, seconded by Nelson to receive the minutes of the advisory commtteemeetings as listen on the agenda. Ro11 call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. At this time Mayor Lekson took up considerati~~n by the City Council of`the Renaissance Festival.~aroposal. The mayor s.sked each councilmember to'state if they wished what they thought of the pro-~oston. Councilman'Zaun read what he had stated at the;Apr1 6th meeting and also mentioned that the staff had sent tt~ councilmembers conies of the theme park ordnanceafrom the City o~ Sh~.kopee and a resolution from Scott County, where ..the festival is oresentl4~ located. Mre Zaun stated than he is in" need of more information on ao~:~:annwho can generate revenue by working at the festival which would flow. into the community for civic purposes. Councilman Spande asked about the licensing procedure and the planned unit development procedure and whether or not .the two could be combined. Patrick Farrell stated that the issuance of a license under an ordinance coupled with the planned unit development agreement would be the strongest .legal position for the City to be in, in his opinionm' Mr. Farrell: also stated that the terms of the. agreement would be binding on future buyers of the .festival. if it were sold, and .that the.: license transfer. could. be set up so that it would need'Cty Council avproval. -l~ • CITY OF LAKEVILLE COUNCIL MEE'T'ING May 4 , ..1981. ,Mayor Lekson stated.-that he thought a Aro ision ta:prohibit the festival to operate after: one year if the traffic plan'did not work as x~roposed could possibly. be one'of the provisions o.f any agreement. V Mr. Farrell stated the council decision would probably be tested in. district court even if it were agreed to in 'an agreement. Councilmember Sindt stateei that she would ..like to<see the festivalphasng begin with phase two so that a planned unitedevelopment would also be initiated, which would generate greater tax :base .and jobs. Councilman Nelson stated-that he is `concerned with the City having all 'the legal leverage to eliminate the fes~.val'if traffic: causes adverse impact on .the city, and that he would like to see the City have the'fnal say-so on .the matter. Councilman Zaum stated that the festival may :possibly have to scale down: its proposal to a smaller..size, with lesser nuanber of days and weekends thanwhat they presently. operate in Shakoc~ee. At this time Diane Harvego, a resident of Lakeville, presented a petition with. 22.5 signatures on it to the City Council from citizens in support of the festival being in Lakevil e. 81.206 Motion was .made by Lekson, seconded by Spande to receive the petition from.. Diane Harvego. Roll ca1.1 was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. Councilman. Spande stated .that he also agreed with councilman Zaun that the schedule for the festival. may have to be shorter.,. and that there would have to be concrete commitments from community groups on their willingness to get involved in the festival and earn the benefits from it for the good of the communityo 81.207 Motion was made by Spande, seconded by Sindt to table anp further discussion : or action on .the Renaissance Festival until the May 18, 1981 council. meeting.. ~to1`1 call was waken on the motion. Ayes, Zaun, Sindt, Ne son, Spande &Lekson. 81.208 Motion was made by Zaun, seconded by Spande to grant a conditional use permit to Thomas'Berres to operate a small engine repair service' at 17134 Dodd Boulevard as recommended by the. Planning Commission. Roll call was taken on the motion. 'Ayes, Sindt, Nelson, Sx~ande, Lekson:& Zaun. 81.209 Motion .was made by Zaun, seconded by Sande to adomt Ordinance No. 184 amending various sections of-the City zoning ordinance as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Nelson,.,Spande', Lekson, .Zaun. & Sindt. At this time r2r. Russell Streefland, attorney representing the Chart House,. addressed the City Council concerning he increase in the licTuor license fee for the Chart .House to $3,500 per year beginning in X981. "Mr. Streefland gave a brief history of how the Chart House originated and the cost of licenses beginning on January Z, 1971° He stated that the dues are presently $30 per year for members, and that the membership. dues are: -the only income generated by anon-profit ,club. Mr. Streefland also presented copies of his letters and letters' from the City Administrator concerning the license increase and the two rate studies he had done in the area-on license rates. After some discussion, Mr. Glenn Nord, an attorney who was present at the meeting, requested that ..the. council table ,further consideration of this issue until he,has had time to conault.cnFith his client, which is Dakota` -2 - ` CITY OF LAKEVTLLE COUNCIL MEETING May 4, 1981 Restaurants.,. Inc. Mr. Farrell stated that he would also like'to have time to confer with the attorneys concerning the status of the two ententes and the liquor license. 81.210 Motion-was made by faun, seconded by Sindt to table the matter. Ro11'callwastaken on the motion. A~jes, Spande, Lekson, Zaun, Sindt & Nelson. 81.211 Motion was :made by Spande, seconded by Nelson'to adopt Resolution No. 81-22 approving the ,assessment abatement of, the Francis and Sandra'Ritter property as recommended by the City. engineer.: Roll call was taken on the motion. Ayes, Lekson, Zaun, Sndt, Nelson.& Spande. 81.212 Motion-was made. by Zaun® seconded by Spande to approve a memorandum from David Licht on the city land use plan amendments and clarifications' of April"30, 1981, and .authorize it to be :forwarded to the Metropolitan Council.'- Rolle .call was taken on the motion.. Ayes<, Zaun,' Sindt, Nelson, Spande & Lekson. At this time he City.-Council took up consideration of a proposed lease for the rental of approximately 1500. square feet<>of space in the O'ohnson Office , Building for tie City Hall offices. The Gity Administrator advised. the .council that Mr. Jerry Enggren had indicated .that the space in the :former First Lakeville State Bank building may be available for rental by 'the City.. It was pointed out that the City should make a,decision within. the near future so that we have a blace'to relocate the offices when the new fire station is completed so that-the present building can be sold to Despatch Industries hopefully by the. end of August, 1981,. The administrator pointed out that Mr. Enggren would not .know :for sure whether or not the' space in the old bank building would be available until late next .week.: 81.213 .Motion caas made by Spande, seconded by Sindt to table further ebnsderaton on the rental of office"space until. the May 18, 1981 .council meeting. Roll call was taken on the motion.. Ayes, Sindt, Nelson, Spande, Lekson &.Zaun. 81.214 Motion Baas,made by Spande., seconded by Zaun to receive the bids for The Meadows 2nd Addition public improvements. Roll call was taken on the motion.. Ayes, Nelson, Spande, Lekson, z'aun & Sindt. 81.215 Motion was Made by Nelson; seconded; by Sindt to award the contract to Sandmark'Construction Inc. in the arount'of`$112,366. Roll call. was taken. on the motion. Aves,;Spande, Lekson, Zaun, Sindt & Nelson. X31.216 Motion was made by Nelson, seconded"by Sindt to recoive the bias and award the purchase to Dust .Coating, Inc. ,for oiling material. for city gravel roads. Roll call was .taken on the motion. Ayes,'Lekson, Zaun, Sndt, Nelson &Spande, 81.217 ...Motion was made by Spande; seconded by Sindt to table approval of change` order`No.`1 on he new Lakeville Fire Station,. as it etas not ready for council action. Roll call was taken on the1moton. Ayes, Zaun, Sindt, Nelson,'Sr~ande & Lekson. The City Administrator advised the .council that the dispute over the footings for the fire station had: been resolved by the'Gity engineering consultants late last week., and.-that the.. project should be able to move ahead barring strikes or inclement weather. 81.218 Motion was made by Zaun, seconded by Nelson to.appro change orders. No: 2 and 3 on protect 80-13 as recommended by'the City engineer with'Richard Knutson, Inc. s3_ • ~ • • • CITY OF LAKEVILLE COUNCIL MEETING May 4; 1981 Roll call was taken on the motion. Ayes, Sndt, Nelson, Spande, Lekson & Zaun. 81.219 Motion was made by Zaun, seconded by Nelson to approve the proposed Metro- East Cornanunications Plan and recommend Dakota County enter into it. Ro11 call was .taken on the motion. Ayes, Nelson, Spande, Lekson,Zaun &,Sindt.' 81.220 Motion was. made by Zaun, seconded by Spande to approve city subsidy for implementation of Plan A for the summer bus"schedules as ,recommended by the Youth Advisory .Board and the Park & Rec. Director. Rollecall was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. .81.221 Motion was made by Spande, seconded b_y Sindt to approve alease with D`Arcy Company and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sndt, Nelson &Spande. 81,222 Motion was made by Zaun, seconded by nelson to approve the plans and specif- icatons for the restroom faciltybuilding at the Orchard Lake beach and authorize the taking of bids on May '8, 1981 at 10:00 a.m. Roll call ..was taken on the.. motion . ~~res , Za;in , ~i.ndt , Nelson, Spande &Lekson. .81.223 Motion was made by Zaun, seconded by Nelson to authorize payment to Sandy Osterberg in the amount of $298;tc~ rPimlaurse,:her far transportationto a national conference-`on the aging. Roll call was taken on the motion.. Ayes, Sndt, Nelson.,, Spande, Lekson & Zaun. 81.224 Motion was made by Lekson, seconded by Nelson to receive petitions from . residents in. the 9ueen Ann and ~ountryview mobile .home parks concerning.' tie-downs. Ro11 call was taken on the motion. `Ayes,, Nelson, Spande, Lekson, Zaun & Sndt. The council discussed with citizens present from mobile home barks the need. _ for and method to achieve tie-down compliance. It was decided that another meeting with. the .City Council mobile home committee: would be set up with -the owners of the parks to discuss the matters further in order to arrive. at a satisfactory solution. Mr. Patrick Harvey, Chairman of the Planning Commission, asked the council how the. council felt about the work."of the Planning Commission. Councilman Zaun stated he Zi.kes to :.know the reasons why_members.of the Planning Commission vote °°no°'a and it also.help5 the council to study a matter., Counclman:Nelson stated that he thought the Planning Commission was doing.: a good job, but that the...members should remember to keep their decisions .based on the review of the. application and how it fits with city ordinances and ,plans-and not personal opinions.. 81.225 Motion was made by Spande, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes; Spande, Lekson, Zaun, Sndt & Nelson. Time: 9:57 p.m. Respectfully submitted, % ''r ' ~ l~ v ~ - ~~y~ .Patrick E. Mc Garvey, City Cl rdon Lekson, Mayor -4-