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HomeMy WebLinkAbout12-19-83 a x~i CITY OF LAKEVILLE COUNCIL MEETING December 19, 1983 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council members Nelson, Sindt, Enright, Harvey, and Mayor-Zaun. Also present: Keith Nelson, City Engineer; James Robinette, Community Development Director; Gary Fuchs, City Attorney; Patrick McGarvey, City Administrator/Clerk. There were no staff announcements. .There were no citizen comments. Councilman Harvey removed the claims for payment from the consent agenda to question some claims. 83.563 Motion was made by Sindt, seconded by Harvey to approve the consent agenda items, except Item 4b. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.564 Motion was made by Harvey, seconded by Sindt to approve the claims for payment as presented. Roll. call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson, Harvey. At this time, Mayor Zaun recognized those in attendance at the meeting who wished to address the council concerning the proposal for the city to sell prepared food items at the Lakeville Liquor Store. Mr. Felix Tillges addressed the City Council and stated his concern about the city getting into the food business at the liquor store and how it may affect the prospective sale of the restaurant formerly known as the Village Pantry on Highway 50. Mr. Tillges indicated that he thought the city getting into the business would have an adverse impact on this facility. Mr. Paul Wolf addressed the City Council and spoke against the city being in the business, and Mr. Bud White also addressed the City Council and stated his opinion that the city should not be in the food business. Councilman Nelson stated that in his opinion, the city should offer prepared meals as part of the on-sale liquor business and that if the restaurant owners can document with financial records that the city has adversely impacted their business in the future because of being in the restaurant business, the issue can be considered by the council at that time . r~ CITY OF LAKEVILLE COUNCIL MEETING December 19,-1983 Council member Sindt stated she favored the sale of food at the liquor store but not at lunch time on the week days at this time. Councilman Harvey pointed out that the City Council has the responsibil- ity to run the liquor establishment in an effective and responsible manner for all of the.. tax payers in the community. Council member Enright .stated she felt the city had the responsibility to serve food if we are going to be serving liquor. Mayor Zaun stated that the city can only do what the state law allows it to do, and he read from statutes concerning the definition of "restau- rant", and he also stated what the Minnesota attorney general had written as his. opinion concerning the municipal liquor stores' ability to serve food under .the statutes. .Mayor Zaun stated that he is in favor of the city selling food at the liquor. store in .the latter part of the day. 83.565 Motion was made by Sindt, seconded by Enright to set the hours for the sale of food at the Lakeville On-sale Liquor Store on Monday thru Friday from 4:00 p.m. to 12:00 a.m. and on Saturday from 11:00 a.m. to .12:00 a.m. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Zaun. Nays, Nelson. At this time, Mayor Zaun read a resolution setting forth city policy for donating up to 10 percent of the profits from the Lakeville Liquor Store to the three public school districts serving the city if they have an on-going chemical prevention program.. 83.566 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 83-121 establishing city policy for contributing some of the profits from the Lakeville Liquor Store to the public school districts' chemical prevention programs. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83.567 Motion was made by Harvey, seconded by Sindt to table until the January 3, 1984, council meeting. consideration of an ordinance amending No. 167 pertaining to wind energy conservation systems. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. At this time, the City Council took up consideration of an ordinance pertaining to accessory building standards. through the issuance of a conditional .use permit. After discussion, it was the consensus of the council that the ordinance needed to address the compatibility of materials and design, which would provide some direction and control in those areas for the city for these type of buildings. 2 • • CITY OF LAKEVILLE COUNCIL MEETING December 19, 1983 83.568 Motion was made by Sindt, seconded by Harvey to refer the ordinance to the city attorney's office for inclusion of the above items. Roll call was taken on the motion.. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.569 Motion was made by Harvey, seconded by Nelson to receive the preliminary draft of the 1984-88 .city capital improvement budget. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.570 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 83-122 amending the 1983 general fund budget. Roll call was. taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.571 Motion was made by Enright, seconded by Nelson to adopt the 1984 utility fund budget. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 83.572 Motion was made by Enright, seconded by Nelson to award the purchase to Minnesota Toro, Inc. in the amount of $9,226.00 for a Toro grounds master. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Sindt, Enright. 83.573 Motion was made by Enright, seconded by Zaun to approve the purchase of the one ton truck with four-wheel drive, diesel engine, box and plow as recommended by the staff. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sind t, Enright. Nays, Harvey. 83.574 Motion was made by Nelson, seconded by Harvey to approve making improve- ments to a 1975 Chev Blazer as recommended by the Chief of Police and to approve the transfer of $2,000 in program 335 of the 1983 budget from uniforms to appropriate accounts to cover the improvements requested for the vehicle in the police department. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.575 Motion was made by Enright, seconded by Harvey to not join the Municipal Association of Small Cities. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 3 • • • CITY OF LAKEVILLE COUNCIL MEETING December 19, 1983 83.576 Motion was made by Sind t, seconded by Enright to approve joining the Municipal Caucus Association and authorize the payment of $200 dues to the association. Roll call was taken on the motion. Ayes., Enright., Harvey, Nelson, Zaun, Sindt. 83.577 Motion was made by Enright, seconded by Sindt to grant a 60 day exten- sion to Nick Wolf and .his wife ..for compliance with the conditional use permit requirement for .the dog kennel operation as it pertains to condition number three. in the permit. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright. Nays, Harvey and Sindt. Those voting "no" did so .because they felt the extension should be longer than 60 days due to weather conditions. 83.578 Motion was made by Enright, seconded by Harvey to .appoint the Dakota County Tribune as the official city newspaper effective December 20, 1983. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.579 Motion was made by Enright, seconded by Sindt to approve an agreement with Robert McAllister for dog pickup and boarding services for 1984, and it was amended by .the council to include a limitation on the dollar amount the city would be liable for on unclaimed dogs who need veteri- nary care at $100 unless approval is given in advance by the city of a higher expense by a veterinarian. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.580 Motion was made by Sindt, seconded by Enright to approve the amendment of the city comprehensive plan to include the Dodd Ridge final plat in the 1990 Urban Service Area subject to approval of the final plat for Dodd Ridge and execution of .the .development agreement by the developer before the comp. plan .amendment is to be considered final. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.581 Motion was made by Harvey, seconded by Enright to approve renewal of garbage licenses for 1984 as per the attached Exhibit A to these minutes. Roll call was taken on the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. 4 . ~ • CITY OF LAKEVILLE COUNCIL MEETING December 19, 1983 83.582 Motion was made by Harvey, seconded by Sindt to approve the renewal of cigarette licenses to the applicants as per the attached Exhibit B to these minutes. Roll call was. taken on the motion. Ayes, Harvey, Nelson, Zaun, Sind t, Enright. 83,583 Motion was made by Enright, seconded by Harvey to approve the licenses for 1984 for the septic haulers as per the attached Exhibit C to these minutes. Roll call was taken on the motion. Ayes, Nelson, Zaun, Sindt, Enright, Harvey. 83.584 Motion was made by Nelson, seconded by Sindt to approve occupancy permits for new homes in the Cedar Highlands 3rd Addition as requested by the developer subject to the developer signing an agreement with the city concerning the maintenance of the streets by the developer's contractor for the winter of 1983-84, and spring of 1984, to be secured by a letter of credit. Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Harvey, Nelson. 83.585 Motion was made by Sindt, seconded by Enright to authorize the city staff to conduct another informational meeting with residents in the Clay's Acres addition and area concerning a report from the city engineer for storm drainage improvements. Roll call was taken on the motion. Ayes, Sindt, Enright, Harvey, Nelson, Zaun. 83.586 Motion was made by Sindt, seconded by Nelson to adjourn the council meeting. Roll call was taken on .the motion. Ayes, Enright, Harvey, Nelson, Zaun, Sindt. Time: 9:37 p.m. Respectfull submitted, r Patrick E. McGarvey, City Cler Duane Zaun, May 5 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING December 19, 1983 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the December 5, 1983, council meeting. b. Approval of the claims for payment.. c. Receive the minutes of the following advisory committees: Planning Commission, December 15, 1983 Cable T.V. Board, December 13, 1983 Park & Recreation Committee, December 7, 1983 d. Receive the November 30th general fund report. 5. Establishment of the hours open for business of the food service at the liquor store. 6. Adopt a resolution establishing a policy of allocating up to 10 percent. of profits from. the liquor stores to chemical prevention programs in the school districts serving Lakeville. 7. Adopt an .ordinance amending ordinance No. 167, the zoning ordi- nance, by adding section 23, wind energy. conversion systems. 8. Adopt an ordinance amending the zoning ordinance No. 167 pertaining to accessory buildings. 9. Receive the preliminary draft of the 1984-88 City Capital Improve- ment budget. 10. Adopt a resolution authorizing adjustments in the 1983 general fund appropriations. 11. Approve the 1984 Utility Fund budget. COUNCIL AGENDA (CONT.) December 19, 1983 12. Receive quotes and recommendations on the purchase of one tractor and one truck. a. Award of the tractor purchase. b. Award of the truck purchase. 13. Request from the police department and police reserves to make improvements to a used truck and approval of 1983 budget amend- ments. 14. Consideration of joining the Minnesota Association of Small Cities. 15. Consideration of joining the Municipal Caucus Association. 16. Request from Nick Wolf for an extension of time to comply with conditional use permit requirements for a dog kennel at 11850-210th Street W. 17. Approval of the Dakota County Tribune as the official city newspa- per. 18. Approval of an agreement for dog pickup and boarding services from Robert McAllister. 19. Amendment of the comprehensive plan to include Dodd Ridge final plat in the 1990 Urban Service Area. 20. Approval of 1984 licenses for. garbage haulers. 21. Approval of 1984 licenses to sell cigarettes. 22. Approval of 1984 licenses for septic system pumping contracts. 23. Any other business. 24. Adjourn. 2