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HomeMy WebLinkAbout12-15-80 CITY OF LAKEVILLE COUNCIL MEETING December 15, 1980 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: Roger Knutson, City Attorney;-Jim Johnson, City Engineer; Rich. Radermacher, Chief of Police; Patrick McGarvey, City Administrator/Clerk, 80.612 Motion was made by Zaun, seconded by Sindt to approve the minutes of the December 1, 1980 council meeting. Roll call was taken on the motion. Ayes, So_ande, Zaun, Sindt, Nelson.: Nays, none. Lekson abstained as he was not present at the meeting. 80.613 Motion was made by Nelson,. seconded by Spande to approve the minutes of the December 4, 1980 special council meeting. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande,. 80.614 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, Spande & Lekson. Staff reports. The City Administrator requested the council to approve a claim to the First Lakeville State Bank in the amount of $50 to cover the cost of_ a letter of credit to Bellboy Corporation for the purchase of liquor by the City for the liquor. stores. 80.615 Motion was made by Spande, seconded by Nelson to an_prove a claim to the First Lakeville State Bank in the amount of $50 as recommended by the City Administrator. Roll call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson &Zaun.. 80.616 Motion was made by Nelson, seconded by Zaun to receive the minutes of the advisory committee meetings. Ro11 call was taken on the motion. Ayes, Nelson, Spande, .Lekson, Zaun & Sindt. At this time Mayor Lekson took up consideration of the location of the 10 civil .defense warning sirens in the city. Mayor Lekson read aloud the locations of each of the 10 sirens from a report prepared by the City Civil 'Defense Director, It was also pointed out that the City would have to enter into a cooperative agreement with the other municipalities for joint purchase of the sirens f..or these communities and. the installation of them; and that: the City Attorney would be preparing an agreement to be approved by the council at a later meeting. 80,617 Motion was made by Zaun, seconded by Sindt to approve. the location of each of the .10 sirens as indicated on the report from the Lakeville Civil Defense Director. Roll call was taken on the motion, Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 80,618 Motion c~as made by Spande, seconded by Sindt to adopt Resolution No. 80-144 approving an agreement with the Minnesota Department of_ Public Safety where-• by the department will give the City three portable breath testing pieces of equipment for use by the Police Department. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. -1- CITY OF LAKEVILLE COUNCIL MEETING December 15, 1980 80,619 Motion was made by Sindt, secondeU by Zaun to appoint Gordon Hora and William Feidt to the Youth Advisory Board for terms which will expire on December 31, 1981» Roll call .was taken on the motion. Ayes, Zaun, Sindt, Nelson., Spande & Lekson. 80.620 Motion was made by Nelson, seconded by Spande. to appoint David DeBuhr to the Natural Resource Committee effective December l5, 1980 for a term. which will expire on December 31, 1931.. Roll call was taken on the motion. Ayes, Sindt, Nelson, Spande Lekson & Zaun. 80.621 Motion. was made by Zaun, secanded by Sindt to appoint Dennis Miller to the Park and Recreation Committee effective December 15, 1980 for a term which will expire on January 1, 1983. .Roll call was taken on the motion. Ayes, Nelson, Spande, 'Lekson, Zaun & Sindt. The council deferred making any further appointments to the advisory com- mittee positions until their December 29, 1980 special council meeting. 80.622 Motion was made by Zaun, seconded by Nelson to approve the purchase of ski trail grooming equipment for the Park & Rec. Department from Tom Smith for a price not to exceed $1,200. :Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson» At this time Mayor Lekson opened the public hearing on the City's notice to suspend or revoke the "bottle club license", "on-sale" nonintoxicating malt liquor license and "off-sale" nonintoxicating malt liquor license for the .Sea Girt Inn which were issued to Happy Moselle and Dennis Nelson doing business at the. Sea Girt Inn. The City Clerk attested to the legal notice of the hearing. Roger. Knutson, City Attorney, presented a written agreement which his office had prepared after meeting with Mr. Michael McNabb, Attorney for Mr. Moselle. Tyr. Knutson explained that the agreement would, if approved by the City Council, suspend. the remainder of the year of 1980 the licenses held by Mr. Moselle for the Sea Girt Inn at the close of the business day of December 15, 1980; and that since they did not apply for license renewals for the "on-sale" nonintoxicating malt liquor license and "off-sale" nonintoxicating malt liquor license for 1981, the effect of the agreement is that those two licenses would be eliminated entirely as of 1:00 a.m., December 16, 1980. The "bottle club license" would be revoked as of. January 1, 1981. under the terms of paragraph 6 of the. agreement. At this time Mr. McNabb, Attorney for Mr. Moselle, spoke to the council .bout the agreement and requested the-agreement be read aloud. Roger Knutson read the agreement aloud in its entirety. At this time Mr. Moselle spoke to the council and stated. that he admitted to .the charges of_ selling cocaine and marijuana to adults but claimed he did not sell liquor or drugs to minors. At this time Mayor Lekson opened the public hearing to comments from the citizens present. Mr. T~nnesseh stated that.the problems associated with the Sea Girt Inn operation by owners have been growing since it was sold by Hank Lau and that the tavern did. not fit the neighborhood any longer. P~Lr. and Mrs. Hudson spoke about problems with patrons from the establishment in the neighborhood effecting their property. Mr. John Asmus spoke of problems lately associated with the Sea Girt Inn. -2 - CITY OF LAKEVILLE COUNCIL MEETING December 15, 1980 Several citizens present stated that they wish there was something the City could da to assist in removing the Sea Girt Inn from operation as a tavern, At this time Mr. McNabb requested the mayor to allow him a brief period of time to consult with the City. Attorney, Mayor Lekson recessed the meeting for a couple of minutes to allow Mr. Knutson to meet with Mr. McNabb. After the recess, Mr. McNabb spoke to the council and pointed out again that Paragraph 7 of the agreement, as per his understanding of it, would not bring into effect City ordinance provisions about a facility not being eligible for any license because of the bottle club license being revoked as of January 1, 1981, Mayor Lekson stated to citizens present that it may be necessary for the City to get involved in .helping determine what other. uses might be appro- priate for the property involved under the ownership associated with the Sea Girt Inn,,but°that they wish to do it in a manner which would not cause financial hardship for the owners,. 80.623 Motion was made by Zaun, seconded by Spande to close the public hearing. Roll call was. taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. Time: 8:51 p.m, 80.624. Mohan was made by Nelson, seconded by Lekson to approve the agreement between the City of Lakeville and Happy Donald Moselle concerning the Sea Girt Inn and authorize the mayor and clerk to execute it. Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Spande & Leksan, At this time councilman Zaun stated that both the owners of the Sea Girt Inn property and City staff couJ_d get together and look into other uses of that property. 80.625 Motion was made by Zaun, seconded by Spande to approve a purchase order to Joe Graves Motors for the purchase of one new pickup truck in the amount of $5,912 as per quotes received. Rata call was taken on the motion. Ayes, Sindt, Nelson, Spande, Leksan &.Zaun. 80,626 Motion was made b_y Zaun, seconded by Nelson. to approve change order No. 1 on project 80-11 for work on storm sewer system in the amount of_ $4,897.14. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. 80,627 Motion was made by Nelson, seconded by Sindt to accept improvements as recom- mended by the City. Engineer in the Dodd Park addition and authorize the reduction in the. bond for the remaining improvements to $37,000. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson. 80.628 Motion was made by Spande, seconded by Zaun to adopt Resolution No. 80-145 abating the assessment on the Stommes property as recommendee~ by the City Attorney. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. .80,629 Motion was made by Zaun, seconded by Sindt to receive the bids for one new motor road grader and refer it to the Public 6aarks Committee for recom- mendation to be on the January 5, 198J_ council agenda. Roll call was taken on the motion, Ayes, Zaun, Sindt, NeJ_son, Spande & Lekson. 80.630 Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 80-146 approving and setting the area and unit utility trunk connection charges for three years beginning with 1981 for the City of Lakeville. Ro,l1 call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. -3- CITY OF LAKEVILL~E COUNCIL MEETING December 15, 1980 80.631 Motion was made by Zaun, seconded by Sindt to adapt Resolution No. 80-147 authorizing interest to be charged an outstanding invoices due to the City that are over 30 days old. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt, 80.632 Motion was made by Lekson, seconded by Zaun that the special club business license be set at the maximum limit established by state statute. The staff prepares a list of fees fpr various City fees, licenses and services for 1981 to be considered at a future council meeting. Ro11 call was taken on .the. motion. Ayes, Spande, Lekson, Zaun, Sindt & Nelson, 80.633 Motion was made by Lekson, seconded by Spande to table adoption of a resolution setting the new fees for City licenses and permits to .the December 29 , 1980 special council meeting agenda. Ralf call was taken on the motian, Ayes, Lekson, Zaun, Sindt, Nelson & Spande. 80,634 Motion was made by Nelson, seconded by Sindt to approve th.e classification of non-conservation lands submitted by the Dakota County Board of Commissioners for .tax forfeited parcels. Roll call was taken on the motian. Ayes, Zaun, Sindt, Nelson, Spande & Lekson. 80,635 Motion was made by Zaun, seconded by Nelson to receive and table the bids on the Lake. Villa Golf Estates improvements for projects No. 1980-6-7-8 to the December 29, 1980 special council meeting agenda. Rt~.ll call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. 80.636 Motion was made by Spande, seconded by Zaun to approve the licenses for the various establishments as submitted by the City Clerk in a list dated December 12, 1980 with the exception that the licenses of Surxday liquor, special club license and liquor license for Tom Bell's, the Chart House. and the Lakeville VFW be tabled to December. 29, 1980 special council meeting due to the late filing of the application by the owners..- Roll call. was taken on the motion. Ayes, Nelson, Spande, Lekson, Zaun & 5indt, 80.637 .Motion was made by Zaun, seconded by Nelson to table the approval of the specifications for the purchase of one new tractor for the Park Department to the December 29, 1980 special council meeting. Roll call was taken on the motion. Ayes, Spande, Lekson, Zaun, Sndt & Nelson. 80.638 Motion was made by Sindt, seconded by Nelson to set a special council meeting for December 29, 1980 at 7:30 p.m. in the council chamber. Roll call was taken on the motion, Ayes, Lekson, Zaun, Sindt, Nelson & Spande. 80.639 Motion was made by Zaun, seconded by Sindt to adopt Resolution No. 80-148 approving the vacation of a part of old Walnut Street in the City of Lakeville as recommended by the Planning Commission, Roll call was taken on the motion. Ayes, Zaun, Sindt, Nelson, Spande &.Lekson. 80.640 Motion was made by Zaun, seconded by Nelson to approve a report from Consult- ing Engineers Diversified concerning the need for sewer repair under project 80-9 and the acquisition of easements in the Park Terrace addition and authorizing the engineering firm to acquire-the easements and perform the work. Roll call was taken on the motion. Ayes, Sindt, Nelson, Spande, Lekson & Zaun. 80,641 Motion was made by Nelson, seconded by Zaun to approve the parking fees for Ritter Park for the 1980-81 ski season as recommended by the Park & Rec. Director and Park & Rec. Committee. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Zaun & Sindt. -4- CITY OF LAKEVILLE COUNCIL MEETING December 15, 1980 80.642 Motion was made by Spande, seconded by Sindt to adopt Resolution No. 80-149 approving the filing of a grant by the joint cities paratransit committee. Roll call was taken on the motion. AV es, Spande, Lekson, Zaun, Sindt & Nelson. 80.643 Motion was made by Zaun, seconded by Sindt to adjourn the council meeting. Roll call was taken on the motion. Ayes, Lekson, Zaun, Sindt, Nelson & Spande. Time: 9:46 p.m. Respectfully submitted, A , _ , ~ Patrick E. McGarvey, City C1 ~ Gordon Lekson, Mayor -5-