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07-06-81
CITY OF LAKEVILLE COUNCIL MEETING July 6, 1981 The meeting was called to order at 7:30 p:m. by Mayor. Lekson.' The.:ptedge o£_allegance to the flag was given. Ro11 call'was taken. Present: Councilmembers Spande, Zaun, Sindt, Nelson and Mayor Lekson. Also present: Roger.. Knutson, City Attorneys Jim Robinette, .Public Works Director; Patrick McGarvey, City Administrator/Clerk. $1.320 Motionwas made by Zaun, seconded by Nelson to approve the minutes of the June 29, 1981 special council meeting.. Rolf: call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81.321 Motion was made by Spande, seconded<bg Sindt to approve the claims for payment as .presented. Roll: call was taken on he motion. Ayes:, Lekson,-Zaun, Sindt,'Nelson & Spande. Staff reports: There were none. The City Administrator presented an amendment to the development contract between the City: and Wl.dwood Ponds, Inc. The developers requested the City„to install Laredo Lane and assess the costa to the-eight lets in the plat which are benefited by that street. Mr. Denver Coffman, one o~ the developers of the plat, was present. The City attorney recommended that the figure. in the development contract for theletter of credit be changed. from ;$31,500 to $31,000, and he indicated that,an amendment to the development .contract had been drafted by his office. The City Adminstrat©r explained that the developer would be responsible for .paying the assessments on any of the eight lots as they are sold, and that it was his understanding that four of the eight lots had been, or were :about to be, sold so that the letter ,of credit at the time the project is assessed could be substantially less: 81.322. Motion was made by Zaun, seconded by Nelson to ,approve .the development contract amendment with Wildwood Ponds, Inc, and authorize the mayor. and clerk to' execute.. the contract amendment. Roll. call was taken on. the motion. Ayes,'Zaun,`.:,Sndt, Nelson, Spande &Lekson. 81.323 Motion was made by Spande, seconded by 8indt to adopt Ordinance No."187 changing the hours that Sunday on-sale liquor license establishments may be open from 12 noon to l0 a.m .in •the morning effective August 2, 1981.. ...Roll call was taken on the motion. Ayes, Sndt, Nelson, 5pande, Lekson & Zaun. At this time the council took up consideration of an agreement between the City of Lakeville and Fischer Construction Company, Inc. concerning the Cedar xighlands Addition. plat. Mr. Leo Gray and Mr. Bill Macklin, an attorney, were'-present representing the company. and asked-ta-meet with Roger Knutson concerning the agreement before council took; up consideration. The .mayor excused Mr. Knutson to meet with the gentlemen, and the council went on with the agenda items. 81.324 Motion was made by Zaun, seconded by Nelson to approve a mutual aid agreement with. the City of Northfield for fire service and protection services. Roll call was taken on the motion:. Ayes, Nelson., Spande, Lekson, Zaun & Sindt. At this time the City Administrator reviewed .with the council the City Comprehensive Plan and the issues that ,are unresolved between the City.. and Metropolitan Council on it. It was `explained-that. there are two major issues of difference, one being the amount of sewer flow being projected for.Lakeville in the ,year 1990.. The .Metropolitan Council had estimated' in ..their former 208 Plan a need for 1.73 MGD in the year.1990 but had agreed that the figure should now be 1.85 MGD. The City was .contending -1- • 4 CITY OF T,AKFVILL,E COUNCIZ MEE'z'ING July 6, 1981 that a flow;of 2.22 MGD is what will be needed in 1990. The administrator '.explained that the only way to address this issue would be for the City to petition fore the change `and see if the `Metro Council `agrees to it' when they ,amend`their`208 Plan and Development Framework Plan. If the City's request has been rejected, the City would 'have the right to. appeal to the state ~hear~ng.-;,e~€aminer an that issue- at'that time. The other'ssue`involving the City `and Met Council is their requirement for the City to identify approximately l'~QO acres of land on a map where it is expected development will occur between now and the year 1990. The staff "pointed out that it would be essential for.. :the City to be°allowed flexibility in deleting from any designated area and adding other areas within the year ..2000 urban service area~if such"'a concept 'were to be agreed to by the City. The City Administrator presented documents from the City staff. =and Metropolitan.:Council-staff at the meeting and .asked the council to review them prior to the next. council meeting,.:. at .which time the City staff would have amore detailed recommendation on these documents for counc consideration. At this time Roger Knutson: addressed the City Council concerning the agree° meat with Fischer Constructon,'Inc. Mr. Knutson. recommended that two .'changes be made_in the draft of the agreement_ One change would reduce the amount Fischer Construction'is responsible for to $11,500 with a rate of interest at 13~ percent on that amount. It Was explained that the reason for the-reduction is that Fischer construction is receiving 33 of he 39 undeveloped lots, and that the $11,500 represents the..,<proportionate share 'of the :money owed the City. on these `lots. 81.325 Motion was. made by Zaun, seconded by Spande to approve the agreement with Fischer Construction, Ine.`with the two changes as recommended by the City Attorney. Ro11 call was taken qn the ;motion. -Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81.326 Motion; was made by Zaun, seconded by Nelson to approve an agreement with Dakota County for~the'future improvement of the intersection at County Road. 9 and 64 .and Trunk Highway 50,,andauthorize the mayor and clerk to execute it. i Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. 81.327 Motion was made by Spande'seconded by Zaun to approve the specifications £or seal coating materials. and set the bid date for July 24 1981 at l0 a.m. Ro11 call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Spande & Lekson. At this time the City Administrator presented written system cost estimates for a new telephone system`to serve the interim City Ha11 location in 'the former Lakeville bank building and the future new City Hall. It was explained that the City ystem presently in the existing-.City Hall is obsolete and inefficient. The new system would-be capable of connecting all of the City facilities to one central swithboard. It was pointed out that these systems are not installed by-the telephone companies any longer and charged for only on a monthly bill. It was. also explained that the City .could face an emergency if`a proper communication system were not installed at the time the :City has to vacate the present-City Hall facility to move into the new facility, and that several weeks were needed to have a successful supplier order the.equipment and assemble it and have it ready for installation. It was pointed out .that the new system, while costing several thousand dollars in initial purchase, would-result in approved communication within the City facilities and for the public,, and would reduce the monthly charge:.. fromthe telephone company to-the City. The administrator also pointed out that it would. be an advantage if one supplier of the privately owned system' by the City and telephone company system were. chosen: so that any. maintenance problems would be the responsiblity`of only one company., between the two systems. 81.328 Motion was made by Spande, seconded by Nelson"to approve the purchase of _2_ i ~ ~ CITY -0F LAKEVILLE COUNCIL MEETING July 6, 1981 the SD-192. System from Central Telephone, Inc... as per the written quotation, action being taken due to the potential emergency facing the. City if a. proper communication ystem were not `in place by the time the City must.. .:move from its present City Nall facility. Roll call was taken_on the motion. Ayes, Sindt, Nelson; .Spande, Lekson & Zaun. 81.329 Motion was made by Sndt, seconded by ,Zaun to receive the Planning 'Commission minutes of July ,2, 1981... Ro11 call was taken on the motion. Ayes,;Nelson, Spande, Lekson; Zaun & Sndt. 81.330 Motion was made by Zaun; seconded by Nelson to ,gr::ant a conditional use permit and variances for Klotz Construction; Inc. on lots 20-23, Block 20, Orchard. hake.Addi.tion, as recommended by the Planning.Commiss~on and as per. the .survey submitted: by Mr. Klotz on July. 6,.1981. Roll call,was taken on .the motion. Ayes, &~pande, Lekson,...Zaun, Sindt & Nelson... , 81:331 `Motion was made by Zaun, seconded by 5ndt to grant approval for a conditional use permit ..for Lakeville Building Company, Inc. to`builda new truck terminal .facility .with underground fuel'-,storage tanks, subject to approval by the state fire marshall and city fire department, also including outside storage, .subject to the developer meeting thexequrements of the City engineer for the proper torm drainage of the property and the requirements of the Planning Consultant and Commission for ahe driveway access .and screening of the property.. Roll call was taken on the motion. Ayes, Lekson, Zaun-;:Sindtt.Nelsen &"Spande. 81.332 Motion was made by Sindt, seconded by Spande to adopt Ordinance No. 188 adopting by reference certain Minnesota statutes regarding shade tree .disease control. Roll call was taken on the motion. Ayes, Zaun, Sndt, Nelson, Spande & Zekson._ 81.333 Motion was made: by `Nelson, seconded by Sndt to authorize the City to`.j~sn the'National Institute of Municipal-Law Officers and accept the offer of Granns, Granns, Campbell & Farrell to pay for the subscription service for ane year. Ro11 call was taken on the motion. Ayes, Sndt, Nelson, Spande, Lekson &Zaun.. 81.334 Motion' was .made by Zaun., seconded by Spande to approve the election. judges: :for the July 14, 1981 special election. .Roll call was taken 'on the. motion. Ayes.., Nelson, Spande, Lekson, Zaun & Sindt. 81.3.35 Motion., was made ,by Spande, aeconded by Zaun to set a special council meeting. for 7:OO p,. m. on July l5, 1981 to .canvass the vote of the July 14 special election.. Roll-call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 81..3.36. Motion was made by Nelson, seconded by Spande to adjourn the counci meeting.. Roll call was taken on the motion. Ayes, Lekson, Zaun; 5ndt, Nelaon &Spande. Time: 8:47 p.m. Respectfully submitted, atrick E. McGarvey, City Clerk Gordon Lekson, Mayor.. -3-