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HomeMy WebLinkAbout05-01-78 ' ~ ~ • CITY OF LAKEVILLE CQUNCIL MEETING MAY 1, -1978 .The meeting was called to order_by Mayor Lekson at 7:30 P.M. The plet~ge of allegiance to the flag was given. Ro11 call was taken. Present: Councilmembers Spande, Curry, Zaun,~Nelson and Mayor Lekson. Also present:- Patrick Farrell, City Attorney; Darrel Schneider, Consulting City Engineer; Patrick McGar'wey, City Administrator/Clerk; Dennis Feller, Finance Director; James Robinette, Public Works Director; ..Steve .Michaud, Park and'Recreation.Director. 73.183 Motion was made by Curry, seconded by Zaun :to a}iprove the minutes.' of. the April 17, 1973 Counc~.l meeting. Roll call was taken on the motion. :Ayes, Lekson, Curry, .Zaun, Nelson and apande. 78.14 rsr~tiota. was made by Zaun, seconded by Nelson to approve the minutes=~of the April 20, 1978 Special Council meeting. Roll call was. taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 78.185 Motion was made by Zaun, seconded. by :Nelson to approve the c~,aims for ,payment as presented. Roll ca1.l was taken on the motion;. Ayes,-Zaun, Nelson, Spande,-Lekson and Curry`.' Staff reports.. The City Attorney,; Mr, .:Farrell, gave astatus report on the negotiations £or the right-of-waynecess~ry to construct th'e 175th Street improvement. 'Ne stated that one parcel in particular, belonging to the Klickes, involved the possible movt~ment of`the house, and at considerable expense. Ttte City.AttornYe}~"gave:.a report on other negotiations on the project and suggested .that the Council hold a work'ses~ic~nn meeting': to permit the Attorney and prfl~ect Engineer to report to~the Council on .`the status'of various settlement or nego-- nations. , :R F Thee Council. discussed the~po ~sible date. and time of the meeting and decided to further discuss the meeting at the ganclusion of the Council agenda items,. Maranney'Curry''~stated that `she wished to'have entered nto-the~Council mutes that the City Council had asked the Consulting Engineers Diversified firm_to make a report ~oai theOrchard Lake :,gunk system sewage spill at the January 16, 1978 Council meeting a~d.received'the report from the`Consultant on February 21, 1978 and discussed-on,Ma~rch 11, 1978 at `which, time the City t~ttorney was asked to make a replysto the .report on its legal implications. At this time Mr. Farrell explained further `how the property-along 175th Street.: had been appraised with the acquiring of the additional street right-of-way or temporary cons ruction easements. Mr. Farrell explained how :zoning and land use was taken into account in the appraisals. The City Engineer, Mr. Darrell Schneider, gave areport on the 175th.Streee and presented the final plans. Council decided to take up formal approval of, the plans and specifications at theapproprfateplace on the agenda, that being Stem x`17. Mr. Farrell escplained that he is preparing preparing form easements far the Public Works Director to use in 'acquiring the. necessary easements on"property lines €or the Valley Park st-teat lighting project. It was recommended the Pu-blic Works Director become a:Notary Fuhlic so that execution of the. 'ease- merit agreements would be facilitated. 78.186 Motion toss made by Curry, seconded by Zaun to designate Mr. Robinette a Notary Public. and authorize his application.. Roll call. was taken on the emotion. Ayes, Ne°lsons Spande, Lekson, Curry ar~r~. Zaun. At ,this. time the Council :.took upconsideraton of the final plat of 'the Meadows 1st Addition: 7$..187 Motion was made by Curry, seconded by Zaun o receive a petition from xesit~ex~ts -1- 1 • • CITY OF LAKEVILLE COUNCIL `MEETING MAY 1, 19:78 of Clay's Acres Addition concerning The .Meadows development. Roll call was taken on he motion. Ayes, Spande, 'Lekson, Curry., Zaun and. Nelson`. At this-time. the City Administrator..presented a colaredmap: of the entire pre. liminary ~a1.at~~~if The Meadows and one of the final plat of the 1st Addition. _The Administrator explained that the Block 1 in theist Addition, had ;been,re- duced from 13 lots to l2 lots thereby eliminating any need for a variance on lot sizes or'widths. Mr. Schneider explained the State Aid street system and showed a map'showing he pr~asent system for the City of Lakeville.. Mr. Pat Harvey, a resident of Clay's Acres 'Addition, :asked about:'weight res- trietions on he-present Clay's Acres streets so they would not be damaged- by •cons't~tuc~fiion vehicles for the new housing development. Mr. Farrell stated that the Gity can Bost weight restrictions or no through traffic restrictions on Gity streets. They would apply to everyone unless a permit was received from the, City. .Councilman Zaun stated that he felt the City should come up .with some plans for. the future traffic. ,pattern and, the handling of traffic in that area of the City in our future City .planning effonts before any further Additions are given final approval. Marianne Curry stated she felt=that the City could handle the future traffic concerns"during the planning .process for the thoroughfare plan. Mr. Jim-Grondahl suggested that. the speed limit on 210th Street be lowered. :78.188 Motion was made by Curry, seconded. by :Spande to dims -t1ae-Fvlico Chfe~ to prepare ;a recommendation on `the reduction of truck~traffic~:~~>t~aa-~C.le~r'~s Acres Addition. Roll call was taken on the motion.` Ayes, Lekson, Curry, Zaun,.Nelsonand Spande. 7$..189. Motion. was .made by-:Curry, seconded by 7aun to direct the Police Chief to study the'210th Street speed imits and make a recommendation. Roll call was tskep.•~n the motion.. ayes, Curry, Zaun, Nelson, Spande and Lekson. 78.190 Moaion was made by-Zaun, seconded by Curry to d3,rect the City Engineer to 'make an~:analpsis on the traffic for "all' -phases of thefuture Additions and hate a report"before the Council considers the final plat of the 2nd Addititiri;~of 'fhe Meadows. Rail call, was taken on '-the r~~ition.' Ayes,Zaun, Nelson,. Spande, Lekson and Curry, 78.;19I Moaion was made by Curdy, seconded"by.~Zaun to adopt Resolution ~`~'78-26 giving final plat .approval for The Meadows; lst Addition. Roll call was taken on .the motion. Ayes, Nelson, Lekson, Curry and Zaun. Nays, Spande.. Councilman S'partda stated that` he voted reay as he did on the preliminary plat `because he felt~a larger.park-was needed to the west rather .than apark w~ahn this Addition. Marianne'.~Gu~ry stated that she .felt the Clay's Acres requirements: for park needs is`a separate question and that since.-no contribution .was made by that; Addition's developer at the time it was approved that it may require the need for a special assessment. 78.192 Dtoton was made by Zaun, seconded_bq Nelson to;xeceive the minutes of the .Committee meetings. Roll call was:.taken on the motion. Ayes, Spande., Lekson, Curry, Zaun-and Nelson. 7$.193 Motion .was made by Curry, seconded by Zaun to receive a petition fro~``residents fn Glay's Acres concerning the Dodd Terrace Addition. -2- r` ' f • _ CITY'OF LAKEVILLE COUNCIL.. MEETING MAY 1, 1978 Roll call was taken on the motion... Ayes, Lekson, Curry, Zaun, Nelson and'Spande. The City'Adminstrator presented covenants received from Mr. Clay, the developer, stating that the minimum house size would_be 1,`100 square feet for arambler or split entry and 800 square `feet ..per floor above gradefor a two story home. Residents along Iran Avenue on the west side directs the Council's attention that the southerly portion of Iran Avenue was offset to the west from'the approved final plat of the Clay`s `Acres Addition. 78.194 Motion was made by Cur--ry, seconded by Zaun-to direct -the City Attorney to look into the Iran' Avenue of f set ~ to the 'west near 210th Street . Roll call was taken on the motion. Ayes, .Curry, .Zaun,. Nelson,. Spande and Lekson. It was explained that>tAexe~was a new house being staked out on Lot 17 which may have tc~ move further to the west in the event the'street right-of-way needs: to-be acquired to the west..: At this~timethe'.City Attorney met with residents and the developer in the room adjacent to the°Council Chambers. Mr. Richard I~ieger~ ~'l~nt 1~ga~tager, fps Dgspatch Industries, appeared before the Council `concerning their -request ,for bi~~.lding and site plan approval and for a variance on satbatks ~pr_a,aet~ b~slding located between the railroad tracks and> Hull: Avenue north poi` 207th :Street The>Cty Council reviewed, the recommendations of .the Planning Consultant and Planning Commission concerning:. the request. 28:195 Motion was made by Spande, seconded by"Zaun to approve the variances requested by Despatch Industries.-for the setback-and floor area :ratio: as recommended by the Planning Commission and Planning Consultant subject to all of the :items in the'Consultants report except item,~5 being met by the company. Roll call was taken on the. motion. Ayes, 7aun, Nelson:, Spande, Lekson and Curry. ?8.196 Motion was made by Spande, seconded by"Zaun to approve the site :plan and build ink plan and. authorize the Building Inspector to issue a permit.' Ro:13 call was taken on the motion: Ayes, Nelson, Spande, Lekson, Curry and Zaun. The cowcensus of the Council was.. to put off the future. improvement of Hull Avenue. At this time Mr. Steven C. Johnson appeared before the Council to request a conditional use permit for an .additional garage which would provide him with over 1,000 square 'feet of :garage pace. 7$.197 Motion was made by Zaun, seconded by Nelson to grant a conditional use permit to`Steven Johnson to construct an additional garage providing over 1,.400 square` feet of garage space with said g~'age to be used ;for personal use only, with no corcal activity permitted. Roll call was taken on the motion.' Ayes, Spande, Lekson, Curry, Zaun and Nelson. At this: time he City Attorney, developer, and affected citizens-along Iran Avenue, returned to he Council Chambers and reported that legal problems with the loco-- ton of 'Iran.Avenue could be cleared up: 78.198 - Motion was made by Curry, seconded by Zaun to approve. the bodd Terrace final play subject to the road right-of-way problem on-Iran Avenue being corrected at 'no expense to the homeowners. Roll call was taken on the motion. Ayes, Lekson, Curry Zaun, Nelson and `Spande; 78,199 Motion was made by Spande, seconded by ,Zaun to receive petitions from Clay's Acres concerning_tra.ff,c concerns n the Clay's Acres area. Ro;~,l call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson'. 78.200 Motion was made by Spande, seCE?t~ded by ' Carry to deny;, the request. of Glen ,Klotz --3- 1 t CITY OF LAKEVILLE COUNCIL 'MEETING MAY 1, 1978 fora replat of the Weisner's.Lake Addition, Lots 1, '2, and 3 as recommended by the Planning Consu~.t~.nt and Plarrning Commission. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson. and Curry. 7`8.201 Motion was madet..,by ~sarry, seconded by Zaun to approve the :building and site plan for the.Owobopte build'ing'on'Lo=t.,lx Block 4, Airlake Industrial Park lst Addition. Roll call was. '.taken an'''the motion.. Ayes, Nelson, SpandE, Lekson, Curry and Zaun,..` The..City~µAdministzator,presen~ted a letter received from Mr. Albin, District Chief of the Geological. Survey concerning, the second .and third .year contracts-for the' lake testing.. 5 78.202 Motion way made by Zaun, seconded by Spande to .approve the contracts with the - U. S. Geological S~rv'eyafor'-the second and bird years of lake testing. A: ~ Roll call was taken on the tnc~tion'. Ayes, Spande, Lekson, Curry, Zaun `and Nelson, At this time the Couancil`ciiscussed.a letter received from Kenneth W. Jacobson a.nd Michael Peters requesting the Council to permit the final platting of the W©o$bury 2nd.Addition. The City Attorney advised the Coutacil that the Subd- vision Ordinance requires that a written request be approved by the Council: within one year from the time a preliminary plat as approved or ahe preliminary ..plat" beco~oee 'null ~>and void. 78.203 Motion yeas made by Curry, seconded by"faun to direct the developers of the- former Woodbury 2nd Addition preliminary plat to go through..the preliminary platting process since t is almost five years since it was first approved`.: Roll call was. taken on the motion. Ayes, Lekson, Gurry, Zaun, Nelson and Spande. <78.204 Motion was made: by Curry, secondedhy.Zaun to receive the Community School bud- get for-1978 and'1979. Roll call was taken. on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 78.2b5 Motion was made by Zaun, seconded_by Lekson to extend. the Council maeting beyond the 10:30 adjournment time. Roll call was."taken on he motion.. Ayes, Zaun, Nelson, Spande, Lekson and Curry. The City Council took up the second and final reading of the new Gravel Excava- tion and permit Ordinance. Mr. Robinette explained that letters "had .been sent to the current gravel permit•operators,advising ahem that the new ordinance was under consideration and that.. they would have-to..come into compliance with it'for: their 1979 permit renewals...... 78.206 Motion. was made by Zaun, seconded by Curry o approve and adopt Ordinance 4118.' Roll call was taken on the motion. Ayes, 'Nelson, Spande,, Lekson,, Curry and Zaun.. 78.207 Motion was made by Zaun, seconded. by Nelson to adopt Resolution. 478-28 approv- ing the plans and specifications of 175th Street improvement project and setting° thebid:•date for May 26:, 1978 at 10:00 A.M.. in the Council .Chambers. Roll call was taken on'the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 78,208 Motion was made by Curry, .seconded by Zaun to direct the Police Chief `to prepare a plan evaluating the speeding: situation on.175th Street and for controlling it in the `future. Roll call was taken on the motion. Ayes, Spande, Lekson, .:Curry, Zaun and Nelson: 78.209 Motion was made by Curry, seconded by .Zaun to receive the final draft of the Federal Insurance Administration Flood Plain Study for the City of Lakeville andr~fer it to ahe Natural Resource Committee for review. Roll call was: taken on:'the motion. Ayes Lekson; Curry, Zaun, Nelson"and Spande. 7.210 Motion was made-by Curry, seconded by Zaun to adopt Resolution 78-29 authorizing a ,fi . ~ • CITY OF LAKEVILLE COUNCIL MEETING MAY 1, 2978 an account with:MerrlZ, Lynch, Inc: for investment of ;City .funds. Roll call was aken on the motion..- Ayes, Curry, Zaun, Nelson, Spande. and ,Lekson. Item X20; the:receipt of the 1977 audit.•from.George M. Hansen Companyrwas tabled as the audit was not available. 78.212 Motion was made by Gurry, seconded by Spande to approve the sheet lighting plan for the.Gedar Highlands-lst and 2nd Additions. Ro11 call was taken on the motion.:: Ayesx Z~.un, Nelson, Spande, Lekson and ..Curry. 3 , , 7$.212 P4otion was made by Curry, seconde,d,by Zaun to approver the asphalt. paving of the .City Council Chambers. parking lot~not to exceed;$60G for materials. Roll call was taken on the motion;. Ayes,. Nelson, Spande, Lekson, Gurry and Zaun. 78.213 Motion was made by Spande, seconded~by Zaun°to approve anon-intoxicating beer license to, he Lakeville Softball Association for the dates specified in their letter 'of apPli~ation.. Rolf call was taken on-ahe motion. Ayes, 5"pande, Lekson, Curry, Zaun and Nelson. 78.214 Motion was made by faun, seconded by Curry to receive the quotations received on the Antlers Park reatroom,utilty service. .Roll call was. taken on the mc~~°forc, Ayes," Lekson, Curry, Zaun, 'Nelson and `Spande. 78.215 Motion was made by Curry., seconded by Nelson. toapprove and award to Mechanical Contractors in the amount of~-$5,,3(~tY for the Antlers Park'utility'service line. Roll .call was taken on the motion._ Ayes, Curry,:.;7.aun,'Nelson, Spande and Lekson. Mr. Schneider explained and-recommendedrehanges in the pump :for Well ~3 as a result of the redevelopment work now going on. 78.216 _ Motion was made by Curry., seconded-by Zaun to .authorize the-City Engineer to replace the present we11.~~3 pump with a Layne $ump as per his recommendation. Roll call was taken on the motion. " Ayes, Zaun, Nelson, Spande, Lekson and Curry. 78.217 Motion was made by Zaun, seconded by Nelson to approve the payment of $7Q to the. Community Handicapped Group. Roll call was taken on the motion. Ayes, ?delson,.Spande, Lekson, Curry and Zau~s. At this time: the City.Council decided to have their work session for `May 11 at 7x00 P.M. to meet with the City Attorney on the 175th Street improvement pro- sect and: other legal matters. 78.228 Motion .was made by Curry, seconded by Zaun to adjrourn the Council meeting. Roll call-was taken on the motion. Ayes, Spande, Lekson, Curry,: Zaun and Nelson. Time:- 11:35 P.M. Respec fully su'6mitted, _ ~ . atrick E. Mc~arvey`, City' erk Gordon Lekson, Mayor