Loading...
HomeMy WebLinkAbout06-05-78 . CITY OF LAKEVILLE COUNCIL MEETING ..JUNE. S, 1978 The meeting was called to order at 7::30 P,M. by Mayor Lekson. The ~aledge~.of~~ allegiance to the flag-was given. R411 call was taken. Present: Eouncilmembers Spande, Cc~ty, Zaun,,~Nelaon~:Msyor Lekson. Also present: Roger Knutson, City Attorney; Patrick McGarvey, Gity Adminstrs- turf Clerk; James Robinette,'Publc Works Director. 78.241- Motionwxas made, by Zaun, ae~anded by Spande to approve the minutes of the May 15, 197.$.'Council..meeting. Roll coil was taken on the .motion. Ayes, Lekson, Curry, Zaun, Nelsoni and ,Spande., 78.242 Motion was made by Cetr~y, seco~t~ed by Zaun to approve theclsims for payment as presented with the exception of the claim ,for Ruth. Carpenter which was to be voted an as a eeparate`item,on the agenda. Roll call was taken an the motion. Ayes, Curry, 2sun, Nelson, Le~qu and Spande. Staff reports. Administrator. The City.Administrator. advised 'the ..Council."that a lettex Y~ad been receives( from the Acting Director of the HUD Area pffice advising the City that a`whole application was being invited for-the imminent. threat sanitary sew®s woxk ~.n'the amount of $219,000. 78:243 Motion-was made by Zaun, seconded by Nelson to_acknowledge receipt of the letter -from the H~ Area Office for the imminent threat grant funding in the amount of $219,OQt~. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. :78.244 Mot-ion was-made by Zaun, seconded by Curry to receive the special audit of the City of Lakeville from he Minnesota State Auditor.- Roll call'was taken on the motion, Ayes, Nelson, Spande, .Lekson, Curry and Zaun. The. City Administrator presented:--a bid. specification 'for recei•airtg bids obi the purchase of oil tio- eox~trol dust :oti ;city gravel roads . 78.245 Motion was made by Curry, seconded by Zaun to approve the bid`specifcations atxd set this -bid taking for ,dune 19 ~ 19.78 at 10 :.00 A.M. Roll call was taken on they motion. Ayes ~ -Sp~a~de, Lekson, Curry,, Zaun and Nelson. At`this time Mayor Lekson asked the Cc~tm.cil who wished to discuss h,ow to pro- ceeA with the Via~land Nat~nal Center proposed project. Marianne Curry su$$esteel,a.Citizen's Steering. Committee consisting of repre- sentatives fromkthe Council, Adv~.so~y Committees'o€ the City, :Chamber of Commerce, and other Cit'y'civic groups and that citizens ,be'appoi.ntefl by the• City Council. She stated the 'Committee could hold a4~a~dt•~` k~ear.g prc:;.ths~~opo~eda.:pro~et~.and4sa~ieslule at putalc hearing in the.falLr,~:-=this year:• Mayor Lekson 'stated thatLhe~believed the main concern in:the Cfty was the requested use of the C~.ty gar~'~. land .especially .where" the builc~~:ng is to be located: - Councilman `Zaun stated that he felt the City needed a Committee and .that the Committee ~houZd be provided with d rection from the: City Council. Councilman Nelson stated that he felt the proposed use of tie C:tty park. was a ms.jor issue, especially the building. Councilman Spande stated that formal hearings could be used to get a response on the p~r~fposed use of the Ritter Park. property. Marianne Curry stated that it should be clear that the City hasn't made any written commitment-with Vin3anc~ ~s.tional Center exs+ept to .get reimbursed 'for any City expenses in entertaining their request. - -1- - ' ' CITY 0~' LAKEVILLE COUNCIL MEETING JUNE 5, 1978 78.246 Motion was made by Curry, seconded by Zaun: to appoint a Steering Committee dur- ing June fore. the purpose of holding hearings to develop questions and provide a .form for public information on the Vinland National Center proposed project.' Roll call was taken on the motion. Ages, Lekson, Curry, Zaun, Nelson: and Spande. 78.247 Motion was made by Zaun, seconded by Spande to follow the Planning Commission's recommendation and grant a variance to Mr. `Tom Smith:. to construct a garage'in the side yard setback"at 18977 Junelle`Path as per their certificate supplied with their application. Roll call'was taken on the motion. Ayes, ;Curry,. Zaun, Nelson, Spande and Lekson. 78.24$ Motion was made by Zaun, seconded by Curry to receive the minutes of the Advisory Committee meetings.. ,.Roll call was taken on the motion. Ayes, Zaun,`Nelson, Spande, Lekson and Curry. At this time Mr. Darrell Schneider, Consulting City `Engineer arrived and .advised the Council hat Well ~'3 was being test pumped. At this-time the`°City"Council took up. consideration :of the variance and condi-` tional use permit for God's Family Church and Councilman Spande asked to be excused from his chair as his property abutted .the project. The Council re- vewed the site plan gttt the a.rch~.tect and Pastor of the Church. 78.249 ~io~ion was made by~~a.un, seconded i Curry td issue a conditional use permit to God's Family C~iur~h with the conQit-ions set forth in the Planning Consult- ant's report to ;the Planning Commission dated Ma~,2, 1978. x_ Ro11 callwas taken on theemotion.. Ayes, Nelson:, Lekson~ Curry and Zaun. Nays, None. ,Spande abstained.:.. 78.250 Motion was made by Curry, seconded by Nelson to follow the recommendation of the Planning Commi~siore and `grant a. variance requested for the construe- ton of the God' Family. Churq$~, Roll call was taken on the motion. dyes, Lekson Curry, 'Zaun and Nelson. Days, none... Spande abstained.; , 78.251 Motion was made': by Zaun, seconded by :Spande to adopt. Resolution ;x'78-36 approv- ing the"division"of Lot l in Cola: Heights .Addition into two lots but with the requir~mentthat he new parcel:A in-the lot to 'the south of parcel A share a common driveway onto'County Road 5 if the ownership is present~.y the same for both lots.' Roll call was taken on the motion. Ayes, Curry,' Zaun, Nelson,- Spande and Lekson. At, this:. time the City Council gave a review and first xeading to an ,ordinance amending the Zoning Ordinance pertaining to the use of mobile homes on property outside of a mobile home park. Mr'. IIale Harris was present and stated that he p~sently owns an 80 acre parcel in the northeast section of the City which has had a permit for a mobile home vn it for a number of years. He would like to have that mo~?31ehome removed and ~'+~place ~a with a new model which his son would live` in. Tire present Or- tlinance does not allow this. The City Council discussed the merits of making the change to allow the use of a mobile home on large tracts of land when the occupant of the mobile home is also the owner of he land and engaged in farming. .:Councilman Zaun gave the Council the brief background on he past policy de- cisions-concerning the use-of mobile homes outside a mobile home: park. and. the decisions of the Planning Commission and City Council when attempting' to limit the use:~of them outside a mobile home .park.. 78.252 Motion was made `by Zaun, seconded by Spande to ,give the first reading o€ an axdinance permitting the use'of mobile homes in the event a person's dwelling is subs antially;damaged during the.tirne of repair, and on large tracts of "land which the owner e~f the mobile home is also the owner';of the land and ' engaged in farming. -2- ' f - ~ • CITY OF LAKEVILLE COUNCIL MEETING" JUNE 5, 1978 Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry.. At this t3arte the :.City -Council considered the second reading of the proposed Shoreland Ordinance .which:. would amend ordinance ~~42. Councilman Zaun asl~ed the Gity Attorney about a situation which would involve a ..urgent lot of recd~rd with a-dwelling on it that is non-conforming and was su' ; stantia.~atq damaged . -Mr. K~:utson#stated that for ,,,current non-conforming-uses the Zox~~,mg Ordinance would pertain to the matteriand that the 70% provision under current Ordinance. ~~42 taould apply .in determiningwhether or, not it could be rebuilt. At this ti~?ie Mr. Walter Sternberg addressed the. Council and again stated that he felt-.King~sley` Lake should be classified R-D rather than ~iatural e~virgnment: He also objected to the wording in items 3 and 4 on page"I~, of'the Ordinance draft: Mayor Lekson and: Cou~.c:tlmember Curry. agreed with Mr. Sternberg that a change might be considered due to_development'already on Lake Kingsley but not be- cause of the density of tl~e lots that were-platted over 50 years ago `in the area. The City Administrator explained .that the State regulations on shoreland re- quirements did :not specifically classify anylake in the State, rather it is the Department of Natural Resources that later determines the classifications ; to which. the City may take exception. The present classifications of the-lakes in Lakeville listed in the ordinance were received from the Department of Natural Resources. 78.253 M©tion was .made by Curry, seconded by Nelson-to table the second reading of the Shoreland Ordinance pending-a review by the Natural Resource. Committee of-the City on the potential. change in Lake Kingsley from-natural environment to Recreational.. Development. Roll call was. taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 7$.254 Motion was made by Curry, seconded by Zaun to receive the`bids on the 175th Str2et mprovement project. Roll call was taken: on .the motions. .Ayes, Spande, Lekson,_Curry Zaun and Nelson. 78.255 Motion was made`,by Curry, seconded by Zaun to award the contract to'~"ischer Construction'Company' n the amount of $275.,442. Roll..call was taken on the motion. Ayes, Zekson, Curry, Zaun, Ne1sQn and,Spande. At this `time the Ci y Council reviewed the .Finance Director's report'on various alternatives for fire protection contracts with Eureka, New Market Townships and the City of Elko.. Mr. Johnson stated that he-had received a copy of the report and that either alternates ~~2 or 4 were okay as far as Eureka and New Market were concerned. ,The City Council; discussed the various alternatives. 78.256. Motion was made by Guxry, seconded by Zaun to base the fire contract amounts for protection on_alternate ~~4 in the Finance Director's report fore. the years 1978-1979.and 1980. Roll .call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and"Lekson. The City Council reviewed with the City Engineer the".proposed improvements. to Trunk Highcaay ~i~50 and Dodd Boulevard.:. , Mr. Friedge~_and.Mr~ Prnnke were present: and raised questions concerning the proposed improvement... Mt. Fried~es `stated he did not<favor the proposed relocation of_County:.Road 64 onto his property to the 'west of the~Genex building. Mayor Lekson explained that the City Council is merely reviewing the project at this time and that .though it had been previously approved ~y the .City Council in January of ,19.76 there 1tiac~ been some modifications by the Department. - -3- • • ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 1978 Mr. Schneider explained that the engineers from the Department were unable to be present at thin Council meeting but would be able to attend the next Council meeting if the Council 'wished to table the matter, to allow them to explain it further. 78.257 Motion was made by Curry, 'seconded by Zaun to table the consideration of ..Trunk Highway 50 improvement to the. June 19, 19.78 Council meeting and have the City .Attorney send notices 'to the owners in the area of the improvement. Roll call was taken. on the motion, Ayes,.Zaun,.Nelson, Spande, Lekson;and Curry. 78.258 l+~otion was made by Curry, seconded by Zaun to adopt-Resolution ~~78-3$ requesting °the Minnesota Department o~,Transportation to make studies and improvements to the. Highway SO from 175th St: to'the taest side o€-Interstate 35: Roll Ball was taken on the motion., Ayes,... Nelson, Spande, Lekson, Curry and Zaun. 78.259 Motionwas madeby Zaun, seconded by~Currytoacknowledgereceip ofa c1a3~n from Mary Lee P~irry for the cost of Fbeing ~tow~ed after getting stuck on a muddy -gravel road. . Roll call was taken oa the motion:. Ayes, Spande, Lekson,`Curry..Zaun and Nelson. The Council discussed ahe merits of tie claim and 'the precedent'it would set if the City were to beg3,x~, paying tc'wing cos"ts ,for,. persons getting stuck in either the mud or snow. 7$.260 Motion was made by Spande, seconded by; Nelson to pay the claim in the amount of " $12.0O;to Mrs. Perry. Roll .call was taken on; the motion..: .Ayes, Spande,. Na~i~,'Lekson, Curry, Zaun and Nelson. At`this time the Gity:Council discussed the report from the Park and.:Recrs~tion Director on the"potential sale. of parcels-of City park property... The. City Attorney advised the Council that there are legal restrictions.. and require- ments under State law in disposing of .public property. Marianne Curry 'stated Ghat the Council. should consider the possibility of aura-` ing back-certain tot lot parcels to the neighborhood-for the maintenance and operation through-a private association of the neighborhood. The City .Attorney was directed to prepare 'an opinion on the legal requirements for disposing of park property for'the City Council. 78.261. Nation was made by Zaun, seconded by Curry to extend the Council meeting beyond the 1:30 adjournment time. Roll call was taken on the motion. Ayes, Curry, Zaun.,. Nelson, Spande and Lekson. At this time the City .Council reviewed an ordinance amending Ordinance 113, Section`8 pertaining to park land and cash dedication requirements to the`City The Council directed some..changas in the wording of .the. proposed ordinance and that it be placed on the June 19th agenda for the second, reading. 78.262: Motion was-made by Zaun, seconded by Curry to consider the new park land ordin-' ance for the first reading. Roll call was taken on the. motion. Ayes, Zaun, Nelson, Spande, Leksanand Curry. Mr. Steve Michaud presented the proposed change in the parking plan for the Aronson park which would add approximately 130 more parking spaces. 78.263 Motion was made by Curry, seconded by Nelson to approve an ..expenditure of up to $800-.out-of the Par1c and Recreation development fund for the materials in adding.-the parking spaces in Aronson park... Roll call was taken on the motion:. Ayes, Nelson, S.pande, Lekson, Curry and Zaun. _y,. J • , • CITY OF-LAKEVILLE COUNCIL I~tEETING JUNE S 19 7 & Mr. Michaud ,presented aplan to provide sanitary sewer service to the new restroom/shelter facility i~t` A~r'onson Ps.rk eonstru~tYed"1iy the Lakeville Jay- cees and for-the drilling of a w~~.l to provde~water~for'the facility. Mr. Michaudexplained that the plan involved a grinder pump and small force main sewerfrom the facility to the. Cty4trunk"SOu~th of the .cemetery. The City ,Engineering Consultant had reviewed the use of this type of facility as compared to a-septic system and this was beleved'ta be`the,mos"t .cost effective way of providing service .et this ``time. The total estimated cost for he water and sanitary sewer-.is a"stilted at'`$7,0~0. 78.264 Motion was made by Curry, seconded by Zaun to approve the installation of the sanitary sewer and well `for the Aronson Park restroom/'shelter building at a cost not to exceed $7,ODO:to be paid .,out of ,the,-paxk,deve].opment fund.. Roll call was taken on"the motion.. Ayes, Spande; Lekson, Curry, Zaun and Nelson. The City Administrator advised the Council of the error in assess ng Lat'~~4 in: the Weisner'.s'Lake Addition for sanitary-sewer and water for both the north- and south end of the lot.' 78.265 Motion was made. by Curry, seconded by Zaun ,to adopt Resolution` 478-39 abating part of the assessment on Lot 4,.Weisner's Lake Addition andapprovng a re- '.fund of $574.21 to Mrs. Carpenter. Roil call was aken on the .motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. At this time the Personnel Committee gave a report to the City Couxtcil concern- ing the, proposed Reso ution_~',~78-40 which would implement 'the wAge Schedule for' the City Ball office employees as recommended by the Personnel Consultant. The Council `discussed the recommendation and how the study was carried out and recommendation arrived at. The City Administrator advised the Council that he supported the xecommendation of the Consultant and 'Personnel Committee. 78.266 Motion was made by Curry, seconded bq Zaun to adopt Resolution x{'78-40 setting 'the wage range for the-City.. Hall positions for. 1978 and the wage rates for the specific employees:. ` Roll call was taken on the motion. Ayes, Curry,` Zaun, Nelson, Spande and'Lakson.` At this time Mr. Darrell Schneider, Consulting City Engineer,, presented plans .for .the 175th Street and Trurik Highway 50 intersection utility project. Marianne Curry stated that Mrs. Walsh~~ contacted. her ,and wished-to have her property included"in the utility project on 175th Street. 7$.267` Motion-was made by Spande, seconded by Nelson to adopt Resolution #78-41 approving the plans ~.nd specifications. and setting the bid date for. June 19, 1978 at lOtbO A.M., with the plans to :provide an alternate for ';serving the Wsash.:property. Roll call was taken. on the motion. Ayes,.Zaun,:Nelson, Spande, Leksonand Curry. Other business..:. The City Administrator presented a lease and rental ;agreement betwe~:n-the City of. Lakeville and Gepharts, Inc. ,for the rental of 5l6 square feet of-..space in the Gephart building to serve as the City Vehicle Licensing office. Mr. Gephart had signed the lease. 78.268 Mot~.on was made-by Curry, seconded"~y Zaun.'°'to approve the lease and authorize the Mayor and City Clerk to execute it on,,behalf; of the Gity. Roll ca11 was taken on the motion. Ayes; Nelson, Spande.,. Lekson, Curry and Zaun. The City Administrator presented.=a ihelease and t"final acceptance agreement'be- tween the City and the bond,companyyfor the 1976 ®rch~rd Lake,-Phase I utility. project. The City. had received. agreed, upon.pay~en;~ ~r~ the bond company: The City Attorney, City En~3.ne~er $nd; Public Works" IIre~tpr hid recommended acceptance of the project.` -'S- y r ~ • i CITY OF LAKE~ILLE COUNCIL MEETING ,NNE 197,8 78.269 Motion.-was made by Curry, seconded by Zaun~to approve final acceptance of the 1976 Orchard Lake', PhaselI uti~.ity project and, approve the: release agreement. Roll call was taken en the motion. Ayes,,~pande, Lekson, Curry,:. Zaun and Nelson. ~ q 78.270 Motion was made~rby Curry;$stoanded by,Znur to adjourn the 'Council meeting. x. Roll call was taken on the motion, A}xes;,Spande, Lekson, Curry, Zaun and Nelson. Time: 11:30 P.M. Respectfully submitted, Patrick E. Mc arvey, City k i'`~ 'Gordon Leksan, Mayor -6-