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01-19-81
F ' CITY OF LAKEVILLE COFJNCIL MEETING January 19, 1981 The meeting saes 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: Councilmeinbers Spande, Zaun, Sindt, Nelson and i<2ayor Lekson. Also present: Roger Knutson, City Attorney; James Johnson,. City Engineer; Patrick McGarvey, City Administrator/Clerk. 81.25 Motion was made by Zaun, seconded by Spande to approve the minutes of the December 29, 1980 special council meeting. Ro11 call was taken on the motion. .Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81.26 Motion was made by Zaun, seconded by Nelson to approve the minutes of the January 5, 1981 council meeting with one correction byadding the word, gross, to motion 81.17 between the words, the .amount. Ro11 call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. 81.27 Motion was made by Spande, seconded by Nelson to approve the claims for payment as presented. Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Sr~ande & Lekson. Staff reports:- There were none. 81.28 Motion was made by Zaun, seconded bar Sindt to receive the minutes from the advisory committee meetings.: Roll call was taken on :the motono Ayes,,Sindt, Nelson, Spande,. Lekson & Zaun. 81.29 Motion was made by Nelson, seconded by Spande to appoint the Natural Resource Committee to make the review and recommendation concerning the environmental assessment worksheet on the Renaissance. Festival P.U.D. application and authorize the City planning and engineering consultants to~proceed with work on the E . A. InT. Roll call was taken on the motion.. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. 81.30 Motion. was made by Zaun, seconded by Lekson to approve the variance in the front yard width and on the lot area, and to approve the division,of the parcel of land for the lot at 10672 162nd Street. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson. Nays, none. Spande, abstained, 81.31 Motion was made by Zaun, seconded by Sindt to approve the variance in the front yard width and the lot area and division of the ?aarcel of land for the 1.ot at 10670162nd Street. Roll call was taken on the motion. Ayes, Lelcson, Zaun, Sindt, Nelson. Nays, .none. Spande, abstained.- 81,32 Motion was made by Zaun, seconded by Nelson to approve the two conditional use permits for Lighthouse Ministries Church for the joint use of a parking lot for off street parking for the church on their property and their neighboring property and for the operation of a church, subject to Light- house Ministries su?~plying the City Attorney with executed appropriate legal documents guaranteeing the City requirement for off street parking for the church facility,. and conditions as recommended by the City planning consultant. Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson, and Lekson. Nays, none. Spande, a:~stained. At this time Mayor Lekson opened the public hearing on the application of Judy Hall for a bottle club, set-up license for the Sea Girt Inn. Mayor Lekson asked if anyone present wished to speak on the application. -1- • CITY OF'LAKEVILLE COUNCIL MEETING January 19 , 1981 -Mrs. Glenn Klotz addressed the City Council and presented the council with a petition with,700.signatures supporting the`Sea Girt Inn operation. 81.33 Motion was made by Zaun, seconded by Spande to receive the petition on the Sea Girt Inn.. Roll call was taken on the motion. Ayes, Sindt, Nelson, Swande, Lekson.& Zaun. The City Council discussed the State Fire Marshall's preliminary report on the inspection made on the Sea Girt Inn. Mrs. Hall stated that the dance area of the club had been closed. 81.34. Motion was made by Nelson, seconded by Zaun to approve the bottle club license for the Sea Girt Inn contingent upon compliance with the State Fire Marshall°s directions for any improvements in the bar area of the Sea Girt Inn and the closing of the dance area. Roll call was talcen on the;-m€~tion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. Mayor Lekson explained and .answered to the questions that the article in the .Countryside concerning the Lakeville H.R.A.°s possible interest in redevelop- ing the property came .about due to discussion of the matter at the January 12th H.R.A. meeting. Mayor Lekson explained that it was a public meeting, and. that as hie. stated at the council meeting on January 5th, it may be necessary for the City to get involved in the redevelopment of the property if problems continue .with the Sea Girt Inn operation or if it is the only way for the property to be economically redeveloped. At this time Mayor Lekson opened the public hearing on the extenstion of. sanitary sewer and water utilities near Trunk Highway 50 and the intersection of 175th Street and Junelle Path. The City Clerk attested to the legal notice of the hearing, and stated that Mrs. Helen Pialsh°s property was omitted from the original mailing due to an error in the clerk's office. Mr. Gossard stated that he had not received notice as a part owner of lot 8 in Argonne Farm addition, which had been divided by a previous property owner. At this time Mr, Jim Johnson, City Engineer, explained the project and .the. three alternate ways of extending sanitary sewer in the area and two alter- nate ways o~ extending water in the area with overhead slides and cast projections for various alternates. Mr, Johnson showed a s3.ide giving the estimated assessment rates for all five alternates. Ms. Diane Gossard asked the engineer why the sewer line under construction to serve Forest Hills did not go down 175th Street instead of 173rd Street. Mr. Johnson .stated that due to topographic considerations in the Forest Hills area, it was necessary to use the 173rd Street routing to avoid lift stations along the route. Mr. Gossard asked if his lot would be assessed for its frontage on both 173rd Street and Junelle Path. The engineer explained that it is usually the City policy to assess only. the front of the lot for utilities and nothing on the side of the lot. unless it is an extremely large lot which may be able to be subdivided once sewer was available, Mr. Vern &~elly and Mr. Doug James were presen'c and stated that they were in favor of having the utilities extended to serve their properties on the north and. south side o.f 175th Street. Mr. James stated that he didn°t care: which. alternative the City chose. 81.35 Motion was made by Zaun, seconded by Nelson to close the public hearing. Roll,call was taken on the motion. 'Ayes, Spande, Lekson, Zaun, Sindt & Nelson. Times 9x07. -2 - • • • CITY OF LAKI;VILLR COtTNCIL P~LEETING January 19, 2981 81.36 Motion was made by Nelson, seconded b_y Spande to order the water and sanitary sewer project to only serve the parcels of property owned by Mr. Doug James and Mr. Vern Kelly located on the north and south side of 175th Street adjacent to Trunk Highway 50 and authorize the engineer to prepare the plans and to prepare a change order .with Knutson Construction Company for the work. Roll call was taken on the motion. Aves, Lekson, Zaun, Sindt, Nelson & Spande. 81.37 Motion was made by Zaun, seconded by Nelson to approve the specifications f_or one new fire truck and set tYae bid taking date for February 23, 1981 at 10:00 a.m. Roll call was taken on the motion. Aves, Zaun, Sindt, Nelson, Spande & Lekson. 81.38 Motion was made by Spande, seconded by Sindt to adopt. Resolution No. 81-11 approving the joint powers agreement for the purchase and installation of a civil defense siren warning system. Roll call was taken on the motien. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. 81.39 Motion was made by Zaun, seconded by Nelson to approve the specifications for the civil defense siren warning system and set the bid taking date for January 26, 1981. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. 81.40 Mot~.on was made by Lekson, seconded by Zaun to confirm the election by the Planning Commission of Patrick Harvey as the position of chairman for 1981. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun., Sindt & Nelson. 81.41 Motion was made by Nelson, seconded by Spande to adopt Resolution No. 81-7 authorizing the sale of equipment certificates to Piper, Jeffery & Hopwood, Roll call was taken on the motion.. Ayes, Lekson, Zaun, Sindt, Nelson &Spande. 81.42 Motion was made by Zaun, seconded by Nelson to receive the bids for one new tractor for the park debartment and authorize the issuance of a purchase order to Carlson Tractor in the amount of $11,500.00 as the low. bid. Roll call was taken ova the motion. Ayes, Zaun, Sindt, Nelson, Spande & Lekson. 81.43 Motion was made by Spande, seconded b~T Nelson to apr~rove Marshall-Stevens, Inc. to do an appraisal on the Lakeville Municipal Liquor Stores for the property, building, contents and business for the amount of_ $3,800.00. Roll call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. At this time the City Administrator discussed with the council the need for a special election to present the question to the citizens of Lakeville on whether or not the municipal liquor store should be sold. It was pointed out that the wording of the question is dictated by state statute and that the wording. is misleading since the City of Lakeville passed a split liquor vote by the citizens on May 5, 1970, which allows private licenses in Lakeville for on-sale lictttor. The council discussed the matter,.:and it was the consensus of the council that special legislation should possibly be obtained from the Minnesota legislature to allow different wording and a question more appropriate to the. situation in Lakeville. The City Administrator recommended wording such as, "Shall the City of Lakeville sell. its municipal liquor stares?" At this time the City Council took up consideration of another special election of the issuance of bonds to finance a new city hall-police station facility. It was the consensus of the council that the referendum on the new city hall-police station should come after the referendum on the sale of the liquor stores has been held. -3- • • ' CITY OF LAKEVILLE COUNCIL MEETING January 19, 1981 Councilman Nelson stated that he favored selecting the 202nd Street/Holyoke Avenue, northeast corner, as the site .for.'a new city hall-wolice station. Councilman Spande stated that he also felt this would be a suitable site. The City Administrator stated that the area was one of the three studied early in 1980 for the possible location of the facility, and that the staff could update the estimated cost for improvements to the site and report back to the council. 81.44 Motion was made by Zaun, seconded b_y Sndt to authorize the staff to update the costs f_or locating the proposed city hall police station at the northeast corner of 202nd Street and Holyoke Avenue. Roll call was taken on the motion.. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. At this time Mr. Pete Martin, Kent, Stever and Judy Lange of the Library Advisory Committee addressed the City Council concerning their recommendations on the need for a public library_ to serve the City of Lakevilleo Each of the committee members explained to the council what they had done to learn more about the need for and feasibility of locating the library in Lakeville. It was pointed out that the Dakota County Library System would be responsible for operating the facility once one wasestablished.- Mr. Stever stated that possibly the library could be located in the new city hall in the community room area and. that he had discussed the matter with Mr. Bud white to learn possibly what the .senior citizens thought of the idea. He also pointed out that the committee had discussed the matter through the Parent Teachers Associations in the Lakeville school system. Councilman Spande stated that he is reluctant to see the community room in the city hall facility located strictly to library. usage. He stated it might be necessary to acid additional space to the building for a library. so that the community room can be retained for use by groups such as the senior Citizens. Mayor Lekson thanked the committee for their work and stated that there is no~doubt support for a library facility in the City of Lakeville, and the Council would meed to pay careful. attention to the costs when oreioaring the next ..bond referendurl. 81.45 Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 81-8 stating the City Council's support for the establishment of a pub3:iC library in Lakeville. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. At this time rdayar Lekson recognized members of the Eureka Township Board who were present to discuss the proposed 1981 fire contract with the City of Lakeville for service to mart of the township. Mr. Gary Smith pointed out .that in the 18 square mile area served by the City of Lakeville.. there are 19~;houses:,: and he questioned the assessed value the City had used in computing .the Contract costs. The City Administrator explained that the City had switched to .using onler assessed valuation. as the factor in dividing the costs between the City of Lakeville. and the .Township of Eureka and the: Township of New Market and City of Elko, assuming .they had retained their contracts. He pointed out that by using this method, if'.one jurisdiction dropped`'©ut of the contract 'arrangement, t~=e other`juri~dictions would not receive an increase in their contracts to the :.City. The City Administrator pointed out that the letter sent to the township in late December advised them of the termination date of the 1980 contract and asked that they advise the City of their intent to either renew the contract or ask .for additional time to consider it. It was acknowledged.. that Eureka Township had sent a letter asking-for additional time. to consider it at their January 'board meeting, and that service by the City to the Township was still in effect. - -4- • • • CITX OF LAKEVILLE COUNCIL MEE'T'ING January 19, 1981 81.46 Motion was made by Nelson, seconded by Sindt to extend the council meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Sx~ande. 81.47 Motion was made by Zaun,, seconded by Sindt to adopt Resolution No. 81-9 vacating a portion of ~~7alnut Street,. now known as Holt Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson,'Spande & Lekson. 81.48 Lotion was made by Spande, seconded by Nelson to authorize Consulting Engineers Diversified to do a preliminary design layout for future improve- ments to Trunk Highway 50 from and including the intersection of 185th Street to County Road 44, which includes work both along Highway 50 and County Road 5, for an amoualt not to exceed $1,500.00. Roll call was taken on the motion. Ayes, Sindt, Nelson, S?~ande, Lekson &.Zaun. 81.49 Motion was made by Spande, seconded by Sindt to approve a bingo license for the Lakeville Jaycees and waive the bond, Ro11 call was taken on the motion, Ayes, Nelson, Spande, Lekson, Zaun & Sindt. 81.50 Motion was made by Lekson, seconded by Zaun to approve a memorandum from Northwest Associated Consultants dated January 15, 1081, concerning clarifi- cations and amendments to the Lakeville Comprehensive Plan and authorize that it be sent to the Metropolitan Council as the City's official response to their review of Lakeville's comprehensive .plan submitted in June, 1980, Ro11 call was taken on the motion. Ayes, Spande, Lekson, Zaun., Sindt & Nelson. 81051 Motion was made by Zaun, seconded by Spande to approve the planning consul- tant s recommendations to the M~nneso.ta Environmental_,Quality Board concerning the proposed environmental regulations as the City°s mosition, on the proposed regulations. Roll call was taken on the motion.'Ayes,.Lekson, faun, Sindt, Nelson & Spande. 81.52 Motion was made by Zaun, seconded by Nelson-to adopt Resolution No. 81-10 giving final approval to the Lvarehouse Realty Industrial Revenue Bond project. Ro11 call was taken on the motion. Ayes, Zaun, Sndt, Nelson, Spande & Lekson. 81.53 Pdotion was made by Zaun, seconded by Spaxide to approve a bingo license for the JFK P.T.S.A. and waive.: the bond requirement. Roll call was taken on the motion. Ayes, Sndt, Nelsons Spande, Lekson & Zaun. 81.54 Motion was made by Spande, seconded by Nelson to approve the raffle license for the Lakeville wrestling Club and waive the bond requirement. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson., Zaun & Sindt. 81.55 Motion was made by Zaun, seconded by Sx~ande to authorize a purchase order under State Contract NR-M9361 to Motorola for two radios,. one in the amount of $1,308 and one in the amount of $1,443 for the fire department. Roll call was taken on the motion. Ayes., Spande, Lekson, Zaun, Sindt & Nelson. 81.56 Motion was made by Spande, seconded by Zaun to approve the payment of $608 to Afton Alps for a ski trip sponsored by the. Lakeville Park & Recreation Department for which fees were collected. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. -5- . r.. ~ • • CITY OF LAKEVILLE COUNCIL. MEETING January 19, 1981 81.57 Motion was made by Sndt, seconde~.,_by Nelson to appoint Mrs. Kathy Lewis to the Park & Recreation Committee ~a,cant position to expire on January l , 19 $ 2 . Roll call was taken on the motion. Ayes,~un, Sindt, Nelson, Spande & Lekson. . 81.58 Motion was made by Zaun, seconded by Nelson top~~~journ the council meeting. Roll call was taken on the motion. Ayes, Sindt, Nelson,, Spande, Lekson & Zaun. Time: 11:©5 n:m. Respectfully submitted, - Patrick E. McGarvev, City C rk Gordon Lekson, Rayor -6-