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HomeMy WebLinkAbout08-06-79 i ~ ~ 4 CITY OF LAKEVILLE COUNCIL MEETING August 6, 1979 The meeting was called to order at 7:30 p.m. by Mayor Lekson. The pledge of allegiance to the flag was given. Roil call was taken. Present: Councilmembers Spande, Curry, Zaun, Nelson and Mayor Lekson. Also present: Darrell Schneider and LeRoy Nyhus, Consulting City Engineers; Patrick Farrell, Gity Attorney; Patrick McGarvey, City Administrator/Clerk. 79.359 Motion was made by Nelson, seconded by Zaun to approve the minutes of the July 16, 1979 council meeting. Ro11 call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.360 Motion was made by Curry, seconded by Zaun to approve the claims for payment as presented. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. Staff reports. Mr. Farrell stated that an easement acquisition for the Lake Marion Trunk Sewer line had started with the filing of condemnation papers. Mr. Farrelh-also stated that Mr. Knutson and his office is reviewing the draft of the new codified City ordinances. 79.361 Motion was made by Spande, seconded by Zaun to receive the minutes of the four advisory committee meetings. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.362 Motion was made by Curry, seconded by Zaun to grant a variance to Larry J. Smith for a garage addition at 16798 Galena Avenue West subject to the recommendations of the Planning Commission. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 79.363 Motion was made by Zaun, seconded by Curry to approve a below grade variance to construct a new house at 12330 West 162nd Street to James A. Miller subject to the conditions recommended by the staff. Ro1I call was taken on'-the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.364 Motion was made by Zaun, seconded by Nelson to adopt Resolution 479-62 approving the final plat of Oak Shores 6th Addition, as per the development agreement subject to the developer executing it. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.365 Motion was made by Curry, seconded by Zaun to adopt Ordinance 4x148 rezoning outlot E in the Oak Shores 6th Addition from B-4 commercial to R-3 multi-family residential and waive the second reading. y ~ - , Roll-call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.366 Motion was made by Curry, seconded by Zaun to approve the preliminary plat of Oak Shores 7th Addition. Ro11 call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. Ttem 410 was tabled as it was not ready for council approval. At this time Mayor. Lekson opened the public hearing on the proposed sanitary sewer improvement from Junelle Path to the west end of 185th Street. -1- Y,~ • • CITY OF LAREVILLE COUNCIL MEETING August 6, 1979 Patrick Farrell attested to the proper legal notice for the hearing. Darrell Schneider gave a report to the council and citizens present concerning the bids that had been taken for this improvement. Mr. Schneider explained that the Iow bid had been withdrawn due to an error by Lametti and Sons. Mr. Schneider also explained that the second low bidder, Orfei and Sons, had a bid of $159,703 and was 29 percent above the estimated cost presented on their alternate three at the public improvement hearing. This is the reason for the second hearing. Mr. Schneider further explained that the sewer had been designed to go to the center of the Woodridge plat, rather than to the east end as ordered by the council due to the elevation problem. Mr. Schneider further explained that only the most western 700 feet of property on the south side of 185th Street could use the sewer due to elevation. There are an estimated 6,367 feet which can be assessed for front foot benefit at an estimated cost of $31.59 for construction and engineering, legal, administration and other costs. The total estimated cost including right-of-way acquisition is $201,129 for the project. Mayor Lekson asked if there are any questions. Mr. Anderson and Mr. Chambers questioned whether or not the sewer could serve a large parcel of property on the south side of 185th Street to the south and southeast of the Woodridge Addition. Mr. Schneider explained that the sewer line cannot serve beyond 700 feet on the south side of 185th Street due to the design of the line for gravity flow and the elevation of 185th Street. Mr. Steve Grohoski questioned why the bid was far above the engineers estimate, and Mr. Schneider explained that is the reason for the hearing at this time to explain the cost increase. 79.367 Motion was made by Curry, seconded by Nelson to close the public hearing on the 185th Street sewer project. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. Time: 8:35 p.m. 79.368 Motion was made by Nelson, seconded by Curry to adopt Resolution 4679-63 ordering the 185th Street sanitary sewer project. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.369 Motion was made by Zaun, seconded by Nelson to adopt Resolution 4679-64 awarding the contract to Orfei and Sons in the amount of $159,703. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. At this time Mayor Lekson asked the City Finance Director, Dennis Feller, 'to;give a report on where the City funds are invested in the checking accounts the City uses at the First. Lakeville State Bank. Mr. Feller explained that the City has four checking accounts for various uses at the bank and has some of its funds invested at the bank which are guaranteed by the U.S. Government and have collateral pledged to secure them. Mr. Feller further explained that most of the City funds are invested in other banks or savings and loans institutions in the Twin Cities approved by the Council and in federal treasury bills and notes. At this time the City Council took up consideration of the Development Framework/ Policy Plan as recommended by the Planning Commission to the Council. This is the new comprehensive plan for the City of Lakeville granted under the mandatory planning act. Councilman Zaun stated that he feels comfortable with the I-35 corridor criteria for that area of the city. -2- 7 , • • • CITY OF LAKEVILLE COUNCIL MEETING August 6, 1979 Marianne Curry stated that she was pleased with the I-35 corridor also. After further discussion, a motion was made by Curry, seconded by Zaun to receive the Development FrameworkjPolicy Plan from the Planning Commission. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.370 Motion was made by Curry, seconded by Zaun to adopt Resolution 4679-65 adopting on an interim basis and referring the plan to surrounding and overlapping governmental jurisdictions. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. At this time Barbara Kemmer spoke to the council and presented a petition requesting that a bike trail be constructed from 162nd Street in Lakeville north to County Road 42 in Apple Valley. She stated that the petition had approximately 600 names on it. Mayor Lekson explained that the construction of such a bike trail would involve the City of Apple Valley, Dakota County, and should involve the school district and possibly the State. He stated that the City of Lakeville was willing to do its part in accomplishing the improvement. 79.371 Motion was made by Zaun, seconded by Nelson to authorize and direct the Mayor to write a Letter in support of a joint effort to the Dakota County Board of Commissioners. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. At this time the City Council took up consideration of the precinct 3-B polling place and boundaries. The council discussed the revision of the precinct boundaries within precinct B to accomplish a more even spread of registered voters between the two polling places within the precinct. The council also discussed the need to relocate the polling place in 3-B with the use of Fire Station 462 for the polling place. After discussion, a motion was made by Curry, seconded by Nelson to change the precinct boundaries within precinct 3 to Cedar Avenue on the west, Dodd Boulevard on the north to Flagstaff Avenue, then north to the city limits and east to the easterly city limits for the new west, north .boundaries for 3-B and establish Fire Station 462 as the polling place for 3-B effective for the November 6, 1979 City election. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. At this time Mayor Lekson opened the public hearing on the proposed use of federal revenue sharing funds for 1980 and ask if there are any citizens present who wish to speak on the matter. There was no one present wishing to speak from the audience. 79.372 Motion was made by Zaun, seconded by Nelson to close the public hearing on the proposed use of federal revenue sharing funds. Roll call was taken on the motion. Ayes, Lekson, Curry, ?.aun, Nelson and Spande. Time 9:28 p.m. 79.373 Motion was made by Curry, seconded by Spande to adopt Resolution 4679-66 approving the plans and specifications for the utility improvement project from T.H. 50 to the Connolly Mobile Home Park and setting the bid date. Ro11 call was taken on the motion. Ayes, Curry, Zaun, Nelsen, Spande and~Leksan. 79.374 Motion was made by Curry,. seconded by Nelson to adopt Resolution 4679-67 approving the plans and specifications for the Dodd Terrace 2nd Addition improvements and setting the bid date. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. -3- • • • • CITY OF LAREVILLE COUNCIL MEETING August 6, 1979 79.375 Motion was made by Spande, seconded by Nelson to adopt Resolution 479-68 approving the plans and specifications for Junelle Path street improvement and setting the bid date for August Z0, 1979. Darrell Schneider explained that an alternate would be included in the bids to include the removal of peat in approximately 1,000 foot stretch of the road due to soil tests recently taken. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 79.376 Motion was made by Curry, seconded by Zaun to adopt Resolution ~~79-69 approving the plans and specifications for the Lake Marion Trunk Sewer project and setting the bid date. Roll call was taken om++ the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79..377 Motion was made by Curry, seconded by Zaun to approve the development agreement for the Bassett's Third Addition with the financial security for the assessment. Ro11 call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.378 Motion was made by Nelson, seconded'`by Spande to approve the award of the contract to Brown & Chris for the Phase I improvements in Bassett's Third Addition. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. Item 421 was tabled as the Planning Commission had not acted on Mr. Woytek's application. At this time Mayor Lekson opened the public hearing on the application to vacate the platted streets in one half of the southeast quarter of Section 30, Township 1.14, Range 20. The property is within the preliminary plat known as the Meadows. This plat for which the vacation is requested goes back into the 1800's. Mr. Macklin, Attorney for the developer, explained the vacation necessary to provide clear title. The City Council and City Attorney reviewed the request and questions on the specific location of the boundaries of the area being requested for vacation, and the City Attorney asked that the matter be tabled. 79.379 Motion was made by Zaun, seconded by Lekson to continue the public hearing to August 20, 1979. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.380 Motion was made by Curry, seconded by Zaun to approve a leave of absence for Mary Knutson as per her request. Ro11 call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 79.381 Motion was made by Curry, seconded by Nelson to approve the construction of a shelter in Ritter Park as per the memo from the Park Director. Roll call was taken on the motion. Ayes, Spande, vekson, Curry, Zaun and Nelson. 79.382 Motion was made by Zaun, seconded by Nelson to receive the report from the Lakeville Fire Relief Association for retirement benefits based on the current $800 per year lump sum rate. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.383 Motion was made by Nelson, seconded by Spande to approve the abatement of assessment for Gerald L, Hogan property as recommended by the Dakota County Assessor's Office. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.384 Motion was made by Zaun, seconded by Curry to approve Ordinance ~~146 licensing and regulating sauna and massage parlors and waive the second reading and adopt the ordinance. -4- CITY OF LAKEVILLE COUNCIL MEETING August 6, 1979. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.385 Motion was made by Curry, seconded by Nelson to approve the gravel quote from Midwest Asphalt at $1.25 per ton. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. Item X30 was tabled as it was not ready for council consideration. 79.386 Motion was made by ?aun, seconded by Curry to receive the engineering feasibility report for extending sanitary sewer and water to parcels of property south o£ County Road 46 in Sections 5 and 6, Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.387 Motion was made by Curry, seconded by Zaun to approve Ordinance ~~147 changing the fee for on-sale liquor license and some of the requirements, waive the second reading and adopt the ordinance. Roll call was taken on the motion, Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.388 Motion was made by Curry, seconded by Lekson to authorize and direct the City Attorney to initiate Legal action against Ronald Girk concerning the development of a 10 acre parcel of property south of~,,]$~}t~'Street. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.389 Motion was made by Curry, seconded by Zaun to authorize Mr. Bud Alich to attend the National Park and Recreation School as recommended by the Park Director. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.390 Motion was made by Curry, seconded by Zaun to adjourn the council meeting. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. Time: 9:20 p.m. Respectfully submitted, C Patr ck E. McGarvey, ity C1 Gordon Lekso , Ma or ,.5..