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HomeMy WebLinkAbout03-20-78 1 ~ CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 197$ The meeting was called oorder at 7:30 P.M. by Mayor Lekson. The pledge of all.egiance~~fo: the flag was` given. Roll call was taken. Present: `Councilmembers Spande, Curry, faun, Nelson and.. Mayor Lekson.: - Also present: Patrick McGarvey, City Administrator/Clerk; Darrell Schneider, Consulting Engineer;:. Roger Knutson, City Attorney. 7$.102 Motion was made by Zaun., seconded: by Curry to approve the minutes of the Spe- cial Council meeting of February.. 28, 1978. .Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson. and Spande. 78:103 Motion was made by C~irry, seconded by Nelson to appXOVe the minutes_of he March 2, 1978 Special Council meeting. Roll call was taken on`the'motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 7$.104 Motion was made by Zaun, seconded by Curry to approve the minutes of the March 6, 7.978 regular Council meeting:. Ro1L,ca11 was taken on the motion. .Ayes, Zaun, Nelson, Spande,,Lekson and Curry.. 78.105 Motion was made by Curry, seconded by Zaun to approve the claims for payment as presented. Roll call was taken ,on-;the motion. AyQS Ne1SO#, Spande,:..Lekson,.Curry and Zaun. Staff reports. `The City Attorney reco~nmende~i' that the .Council authorize -the Clerk to sign the statement for the terminatitn~ of the lt~dut~~ial Reveaue Bonds for the former Harry'3. Johnson bn~.~~iing, asRth~ building has been sold by the.. Trustee. 78..106 Motion was made by Zaun, seconded by'Nelson to authorize the Clerk to sign the _ tatement. , Roll call was taken on the motions AYesy ~Sp~nde; Lekson, Curry, Zaun and_Nelson. At this time Mayor Lekson recognized Mr. Richard.:LeRoy who spoke to the Council concerning the proposed, City Charter Commission which-he had circulated a peti- tion for. Mr. LeRoy stated that he had delivered the petition to the`Judge of the District. Court on March 20th. Mr. LeRoy`presented his reasons fox circulating the pets- bons-upon which he received 162.. signers. Re stated that his-first priority was far a Charter°to create a Ward system of representation, ieequire,a capital and operating improvement budget,`and three, allow for a-referendum on certain issues and fourti~'to provide for-a minimum levy'for parks. various members of. the; Council asked Mr. LeRoy questions and his opinions on the City government. 7$.107 Motion was made by Zaun, seconded`by Curry to receive the minutes of the Planning Commission, Natural Resource Committee and Park & Recreation Committee meetings. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and apande. At this time 'Mayor Lekson recognized Mr. Donald.: ]call and his Attorney, Mr. Jerome Blatas concerning their request..:for a conditional use permit tct build in an unsewered area of the City and an-appeal o build on a f:Lve acre pares cel of ground from the-ten. acre requirement. Mr, Bla zpresented his client's two requests and justification for-the ~un- cil approval. He stated that he"felt this`was a'unque piece of property'~~- cause of its ocation in the City. Mr. Spande stated that he felt that approval of the request would set ~ pre- cedent':forthe CiCy and would be in violation of our local,plattittg ob~ec- tines and urbane service area. -1- • • Y CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 19.7$ Mr. Zaun. placed the question under what conditions can... this. type of develop- ment in the City be ,accommodated? .Mrs.. Curry stated `that she was concerned with who paysfor the-improvements`. and when? 78.148 After discussion, a motion was made by Curry, seconded by Lekson to`deny the request for: a conditional`use permit and the appeal. to the five :acres based on the reasons set forth in the Planning Consultants report. Roll caltl was. taken on the motion. °-Ayes, Curry,, Nelson, Spande and .Lekson. Nays,, Zaun. - Mr. James Krake and T~r:~b©n~ld L. Scharber appeared before the Council con- cerning thex r~tquest~ fort-die tran.s~er of the beer license, set-up license and dance Iic~nse for `the Spa Girt Inn:'to Mr. Scharber, effective April 1, '1978. .The City Administrator reported that the Police'Degartment had completed their investigation of'the~nsw'applicantand recommended approval. The Fire Chief and~Bulding Tnspeeto~'~~ad'inspected the building and had a written:,report listing the.mprovements that should be made. A-coP3* of .the recommendaaions was provided to Mr: Krake and the Council. 78.109 Motion was marls by Zaun,.seconded by Sparide:.to approve the transfer of the licenses effective April l; 1978 sub~eet to Mr. Scharber complying with In- spection recommendations. Roll call was taken on the .motion. Ayes, Zaun; Nelson, Spande Lekson and Cu~~y.< At this time Mr. Patrick Murphy, President`of the 1st Lakeville, State Bank and Francis Schuck, Architect, presented the site and building plans for the new bank building located on the south side of 207th Street West. Mr. Schuck re-- viewedthe site plan with the Council... 7$.110 Motion was made by Zaun, seconded by Nelson to approve the site and ..building plans fore the new lst Lakeville. State Bank. Ro11 call was taken on the motion. `Ayes, Nelson, Spande, Lekson, Curry attd Zaun: At thin time the Council reviewed a Resolution which would set City pol~,~y on- the improvement of State Aid. streets in the City. The policy would provf,de charges to be collected at .the time the building 'permit is issued, or assess- 'merits to pay for part of the.. improvement soars for the Municipal State Aid street system in the entire City. 78.111, After disucsson of .the policy as set forth in the Resolution, a motion was made by Curry, seconded by Zaun to adopt Resolution ~~78-20 ,:setting the policy `.for charges and: assessments>on the improvement of the State Aid street system within the City of Lakeville. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson.` 78.112 Motion. was made by. Curry, .seconded by Zaun_to approve the specification$ for the .redevelopment of Well 4~3 and set the bid taking for' April 3, 197$ at lO:Uf}' A.M. Roll call-was taken on he motion.. .Ayes, .Lekson, Curry, Zaun., Nei-son and Curry. The City Engineer and Public Works Director reported to the Council that an emergency-existed on Well ~~2 which-had broken down during the past week. They reported that it was necessary for the City to repair the well under emergency condi~ions.~as well ~3 would be torn down for the: redevelopment work .necessary on it. They advised the Council the City should not be in a pos~;ti with two out of is three major wells .shut down at the same time.: 78..113 Md~ion was made by Zaun,.seconded by Curry that an emergency existed acid that well ~~2 should be. repaired immediately with quotations to:be obtained by the ...Engineer. Roll call was ten,pn the motion. Ayes, Curry, Zaun, Nelson, Lekson and. Spande. • CITX OF LAKEVILLE COUNCIL MEETING` MARCH 20, 1978 78.114 Motion was made by Spande, seconded by Zaun to adopt Resolution 4'78-21 con- cerning the. need for financial assistance to improve. the Orchard Lake sani- tarysewer system. Roll call was taken on- the motion. Ayes,. Zaun, Nelson, Spande, Lekson and Curry. 78.115' Motion was made by Zaun, seconded by Curry to approve a purchase order to Game- Time Equipment in the amount of $1,594.00 to purchase playground ~#qupment as recommended 'by the Park and Recreation Drector`after receiving, quotations. Ro11 ca1L was taken on ,the motion. Ayes, Nelson., Spande, Lekson, Curry and Zaun. 78.116 Motion was .made by Zaun, seconded by Spande to receive the Police Department's ...Annual Report for 1977. Roll call was taken on-the motion. Ayes, Spande, Lekson, Curryy Zaun and Nelson.' At this time Mr. Hauglandaddressed the Council concerning his .desire to con- struct ametal pole building on his p~ape~ty,. He stated 'that he had entered into a purchase agre~ment with Menards`on October 22, 1972 fora 24 x 27 Eoot metal'poie tape building. He had'~:ot requesteda building permit far this ..building. The City Administrator advised he Council that Resolution 77-72 as adopted by the Council on November"7, 1977 prohibits the issuance of build ing permits for pole type buil~'ings in aYl zoning .districts of 'the City except the F-R`open development.farm residence"district and except for farming the operations as defined-by Ordinance 42, SectYon 4.8. Mr. Spande advised the Council that the Planningeommission had worked several meetings on regulating the~use of`=-p®le~type buildings in the City. An earlier. Resolution had placed a moratorium on the, issuance of building `permits for these type of buildings also'. The Council .advised Mr`:'Haugland-that., the, City would-need. time to consider his request; in light of the`dates involved, 78.117 Motion was-made by Spande,-seconded by Curry to extend the meeting beyond the 10-:30 adjournment time; Roll calf `was taken on themotion:~ Ayes, Lekson, Curry, Zaun, nelson and Spande. The ..City Administrator advised the :Council that the Pla~ung.Commission would. be considering a new Ordinance concerning the excavation of gravel in the'... community. The Council .was advised. that the former Council hadn't renewed gravel permits the first 90 days of 1978 to provide. time for a new Ordinance consideration. The Public Works Director and Administrator recommended that the Council approve the gravel permits for Midwest Asphalt Corp., N. W. Aggregates, Inc., N. W. Bitumin+~us, Inc., and Chas.-M. Friedham Co« for the rest of 1.978 with the unders anding that these f rms would have to :comply with .any new. Ordinance `requirements for their renewals in 1979. 78.118 Motion was made by ,Zaun, sect~nded by Curry to approve gravel permits-for 'the following fourfirms the remainder of 1978. Midwest Asphalt Corp., N. W. Aggregates, Ine., N. W. Bituminous, Inc. and Chas. M Friedham Co. Roll call was .taken on he motion. Ayes, Curry, Zaun,. Nelson, Lekson and Spande. 78.119 Motion was mad by Curry,. seconded by Zaun to appoint Judith Lorenz-Morris to the Natural Resource Committee for the remainder'of a-term to expire on January 1, 198A. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 78.120 Motion was made by Zaun, seconded by Spande to appoint Councilman Bob Nelson to the Dakota County Law Enforcement Coodinating Agency... Roll callwas taken on-the motion, Ayes, Nelson, Spande, Lekson, Curry and Zaun. _ 3-': R ,-CITY OF LAKEVILLE CQUNCIL MEETING . MARCH 2Q, 1978, 78.121 Motion was made by~'Curry; seconded by-Lekson to adjourn the Council meeting. Roll cell eras taken~on the motion.,=Aye~, Spande, Lekson, Curry., Zaun and Nelson. Respectfully'submitted _ ~ G Patrick E. McGarve , Gity erk ~orflon E. Lekson, Mayor.. y: fi' F _ eR.-