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HomeMy WebLinkAbout04-03-78 ~ ` ^e ~ • ~ • CITY OF LAI~EVILLE `COUNCIL MEETING °APRIL 3, 1978 The meeting was called to order bq Mayor Lekson at 7:30 P.M.- The ,.pledge of allegiance to the:.flag was given.. Roll call was taken. Present: Councilmembers Spande, Curry, Zaun, Nelson and ..Mayor Lekson. Also prese~.tr ~a~rick~McGarvey, City Administrator/Clerk; Dennis Feller, Finance.. Director; Darrell•'Schneider;'Consulting City_Engineer; Patrick Farrell, pity Attorney;`James Robinette, Public Works Director. X8.130 Motion was made by ~aun,'secon:ded~.by Nelson to approve the minutes of the March 20, 1978 Council;atee ing. . Roll'ca1T was `taken on the motion. ...:Ayes,, Lekson, ..:Curry,: Zaun:, Nelson and Spande.' 78.131 Motion wad made by Cur~y~ seconded by Spande to approve the minutes of the I~~rch 27, 1978, Special Council' meeting. Roll call waS_ t'~ken oin the motiion..' .;Ayes,, Curry, Zaun, Nelson, Spande and Lekson. 78.132 Motion was made:. by ~urry~y seco~?ded~ by Nelson o approve the claims for 'payment '~F. as presented. Roll call was taken, on, the ~aotion. Ayes, Zaun, Nelson, Spande, Lekson ar~d Curry. At this t~.me Mr. Robext Pulschex, of Springsted, Inc., presented three bids Yeceiv- ed on the $2,205,OOQ'General..Obligation Refunding Bond sale. These refunding bonds are being sold. to take advantage of lower interest `rates today as compared to the interest being charged on the,$1,5b0,000 issue and'-$805,.000 issne,,both"of which were sold in 1975. 78.133 Motion was made by Zaun, seconded: by Curry to receive the three bids. Roll call was ;taken on .the motion. `Ayes, Nelson,`Spande, Lekson, ,Curry and Zaun.: 78.134 Motion was made by Curry, seconded by Zaun to adopt Resolution X78-~3 ac~ardiiag the: sale: of $2,205,000 of General Obligation Refunding Bonds. Roll call-was 'taken on the motion. Ayes, Spande, Lekson, .Curry, Zaun and Nelson. 78.135 Motion was made by Curry, seconded by Zaun to adopt Resolution X678-24 ae`tting the bid. date on the sale of $700,000 of General Obligation Improvement'Bonds for May _ 15, 1978 at 7:3D P:M. Roll call :was taken on the motion. Ayes,'Lekson, Curry, Zaun, Nelson and Spande. Staff 9reports: T1~e City :Attorney, Pat Farrell, advised: the Council that. he had the duds for the lots in the Dakota .Heights 7th: Addition which were for the `park dedication xe- quirements. Mr. Farrell-advised the Council that the. dispute on the taxes due on the fcsrmer Laminated Products building is'still pending but it will be probably resolved by the State ,of Minnesota. Mr. Farrell .advised. the Counc3.1 that the lawsuit involving Joseph Schweich, .Baumgartner, and thef~ity,of Lakeville has been set 'for the first week in May by the Court. He stated that a solution map be reached by then. Mr. Farrell acknowledged receiving the `claim from the Minnesota Department of Transportation.`for,the repair of Interstate'35. He also advised. the Council that the suit involving tt~e City'of Lakeville and the Chart House: is set fora court hearing. Mr. Farrell-also advised the Council that the suit involving `the City.af Lake- ville and the Lewis .Olson property for the street improvements in'Lakev3.lle Hills/Jackson Heights is;set far a court hearing next week. He reque~ ed the Council take a_look at the 167th Street. area in regardto t~tis maCter. -1- . • • • • CITY. OF LAKEVILLE COUNCIL'MEETING APRIL 3,:.1978:' The City Engineer reported that the 175th Street plans will be ready for Council approval by the first meeting ,in May. The funding for a bicycle trail along 175th Street was discussed and the Mayor is to write a letter to the.. appropriate State of :Minnesota ':official in this matter. The City Administrator stated that the Personnel Study` on the City employee's wage and salaries was near completion of the interviewing process and_that the Consultant would like to be meeting with the Personnel'Committee of the Council 'within 'two weeks . At this time the City Administrator reported-to the Council and the citizens pre- sent'the results ~.fi two meetings by himself and one by the"Building Inspector with Mr. Fred Rabine concerning his home building plans; in the Valley Park $th and'$th Additions: It was reported that Mr. Rabine did a~a.ke a co~nitment to build different model homes other than the B.ircTtwood model on Lots l and 4 on Upper l~i2nd Street and that these..tcto homes' would :include at least a single stall. garage: Mr. Rabine would make no further commitments on his.: remaining.. lots in the 6th'or_8th.:Additions''as"he has no sales commitments on them at this time: The Administrator-r~ported"that Mr. Rabine owns a total of :20 lots in ,the 6th, and 8th Additions'for which he has taken out no building permits. .Mayor Lekson advised the :Council, and c~.tizens present of a-:report received by `"tl~e Council on April 3rd wY}ich gave the results of-a survey by the:.Metropolitan Council.. of 8l communities in the metropolitan area in 1977 outlining requirements for~:°garages and ..house .square foot size,. He ad~3sed those present that of tha 81 communities surveyed-only 14 required either a single stall or double stall gar- age on a single fa~ily home. A citizen asked the Mayor, if a moratorit}m; could not be imposed an building per- wits for houses without garages until the ~itp has time o study the ma ter further. Mayor Lekson replied~that;the Council would discuss such a resolu-;: Lion. The Mayor had the Administra~r read a resolution which would have imposed a moratorium on the issuance of building permits for houses without garages. 78.136 Motion was made by Curry, seconded. by Nelson to adopt a resolution. -Councilman. Spande stated hat,he is opposed to a resolution and would not vote for: it. Councilman Zaunstated that a resolution wasn't listed on the ..agenda and. should not be acted upon at this Council meeting. :Marianne Curry stated that. she .could note support a requirement that garages need to be built that the City's interest should ,be limited to requiring off. street parking where no garage exists under the present ordinance. Councilman':Nelson stated that it is a difficult issue to resolve. Mayor ~akson statedthat he felt that a resolutioninterferes with the private .enterprise-,system. , After discussion, the motion was withdrawn by,the persons moving.-the motion and seconding it. , Councilman Spande stated that the matter, should go before the Planning Commission on heir April 20th meeting concerning this sue and the potential requirement fore at least a'hard surface right-of-way of concrete or asphaat for single family` homes. 78.137 Motion was made by Zaun, seconded by Nelson to receive a petition from some real- .dents in the Laker3dge Addition on the-water :pressure reducing valves. Roll call was taken on the motion, Ayes, Curry, Zaun, Nelson, Spande and Lekson. The Council..discussed the. petition:. Councilman Spande stated that. in several of the communities where he has built..homes..,the requirement`forpressure reducing valves is made by the City and he felt it was reasonable: 78.138 Motion was made by Curry,`seconded by Zaun to direct the City'Admixei~trator to send a letter to the signers of the: petition explaining why~the City's-water system has periodic high pressures and why such a valve is necessary... -2- . - . • CITY ,OF LAKEVTLLE COUNCIL MEETING ,p,PRLL 3, 1.978 Rol3. call was. taken on the motion'. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 78.139 Motion was 'made by Spande, seconded by-Zaun to receive the minutes of the Planning Commission, Park and Rerreation,~Committee, and Natural Resource Committee. Roll call was tal~en on .the motion. Ayes, Nelson, Spande, Lekson, Curry and, Zaun. 78.140 Motion was=made by Eurrys seconded by 7.aun to authorize the Mayor and City Clerk to sign an agreement between the... City of Lakeville and Vinland National Center prepared by the, City- Attorney-.concerning payment to the City by Vi~tl~irad of any costs: incurred ~ processing their request to construct the Center .in the City of `Lakeville and. Ritter Farm Park. Roll call was taken on the motion..- Ayes, Spande, Lekson, Curry, Zaun and Nelson: At this time Mr. Tim Menning, representing Ray Fischer who is the owner of the Dodd Park property, addressed t`he Council concerning the. proposed preliminary plat. Mr. Menning stated.tha~ the developer is willing to escrow funds;.for'the future improvement of Flagstaff Avenue for. their. share of the improvement costs of that road. He also stated..thatthe developer would agree-to put the storm sewer im the Dodd. Park plat at a size necessary to serve other property in the drainage area subject to the developer. agreement including 'the refunding pro'- vision to Mr. Fischer to make the cost equitable. Mr. Menningalso stated that they are in agreement with a park cash dedication of $9,400 and the dedication of the flood plain area shown on the plan to the City of Lakeville .for open space and minimum recreational use. Mr. Menning then explained that they are requesting City approval of the pre- limfnary plat. and. also acceptance of .the revised floodway calculations-sub- witted to the City by the developer which was prepared by Barr Engineering. 78.141 Motion was made by Zaun,: seconded. by Curry to approve the preliminary plat of Dodd Park and also. to approve the revised flood plain as submitted by Barr Engineering. Roll call was taken on the motion. Ayes, Lekson,,Curry, Zaun, Nelson and Spande. The Council considered the letter from Mr. George Grohoski requesting the release. on the erosion control bond inthe Lakeridge Addition. The Council reviewed the recommendation from the Public Works Director that. the bond not be-released at this.. 'time. Mr. Farrell advised the.-Council that a ~etterwith specific`.instruc- tions bedirected to the :developer 78.142 Motion was made by Curry., seconded by Zaun. to have the Cty.:.staff. send a letter to the developer setting forth-items to be completed within a reasonable length of time with a copy to the bonding company. Roll call was taken on the motion. Ayes, Curry, ;Zaun, Nelson, Spande and Lekson, At this time Mr. James Emond presented a reques from Pan~O-Prop for the use of various 'Citq'streets and parks for the 1978 events. Mr. Emond explained that .the First,Regiment would like to use. Jaycee Paxk as a camping..site:. He stated they would also. 'like to use Aronson Park for fireworks on July 4th., and the. rear parking lot of the Liquor Store .for the cow chip throwin:$,contest on July 8th., He would also like to have 208th `Street closed from Holyoke to 'Howland Avenue beginning on July 5th to July 9th. 78.143 Motion was made by Curry, seconded by Nelson to approve the above requests of ..Pam-O-Prop . Roll call was taken on the siotion. Ayes, Zaun,;.Ne~.son, `&pan,de,;~Le~son:..end~.Currry, At this time he Park and `Recreation Director reviewed with-the Council the pro- posed reso ution setting forth the various fees and regulations for the user"of City parks. The Council then discussed the change in City policy whereby out of towm groups could reserve a portionof Antlers, Park for weekend picnics. 78.144 Motion was made by Curry,;seconded by Spande to adopt Resoluton'~i~78-25 with_ exhibits A; and -3- • ~ i CITY OF LAKEVILLE COUNCIL MEETING APRIL 3, 1978 Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and 'Zaun. 78.145 Motion was'made by Curry,, seconded by Zaun to concur with the Park and Recreation Committee''s recommendation to allow -uon-resident use on weekends based on a re- servation with a cancellationclause of the City parks, not to include holidays. Roll call was take. on the motion. Ayes, Zaun, Lekson, Curry, Spande and Nelson. 7.8.146 Motion was made by Curry, seconded by Zaun to approve the contract with Norhhern States Power Company for the underground installation of electrical service to the Aronson Park shelter building, in the amount of $1,559, not to include any .winter trenching costs. , -Roll call was taken on the motion. Ades, Leksori, Curry; Zaun, Nelson and Spande. .78.147. Motion was. made by.`Zaun, seconded by Nelson to approve a contract with Northern States Power Company for new el+ectrical,service to the Antlers Park restroom/ shelter building. in the amount. of $40. Rolf. call was taken on the motion. Ayes', Curry, Zaun, Nelson, Spande and Lekson. 78.148 -Motion was made by Curry,''seconded by Zaun to approve a purchase order to Valley Pools., Inc. in the amount.'. of $2}565.90 for improvements to the two gook in the Valley Park area. ~ Roll call was taken on the motion:.. Ayes, Zaun, Nelson, Spande, Lekson and Curry. At this time Mr. Dennis Pond was present to present the Natural Resources Commit- tee report and .recommendation for the City to .retain the Dakota County Soil- and Conservation Office to 'prepare a wetlands survey and report. Mr. Pond explained. Ghat the Conservation Office would make no charge for the-740 estimated manhours -to complete the report.': 78.149 Motion was made by Curry, seconded by Zaun to authorize fihe City Administrator' to send..a letter to the Dakota County Soil and Water Conservation Office auth- orizing awetlands inventory as outlined in the Natural Resource Committee recommendations for a cost not to exceed $1,000 to the City of ~.akeville. Rolf call was .taken on the motion... . Ayes, Nelson, Spande, Lekson,.. Curry and Zaun.` 78.150 Motion was made by Zaun, seconded by Curry to call a pteblic hearing on the De- partment of .Housing and Urban `Developments Community Development Block Grant program for 'April 17th at 7:30 P.M. and April. 20th at 4:00 P.M. at the Council Chambers... Roll call was taken on the motion'. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 78.151 -Motion, was made by Curry.....seconded by Zaun to approve the S.S.E.S. Phase II tele- wising and cleaning work_in the amount of $1;530.56 to Solidification, Inc. Roll call. was taken on the motion. Ayes,. Lekson, Curdy, Zaun, Nelson .and Spande. 78.152 Motion was made by Zaun, seconded by Spande to approve abatements and property assessments as recommended by the Dakota_County Assessor's office.. Roll call was taken on the motion. Ayes, Curry, Zaun,; Nelson, .Spande and Lekson: 78.153 Motion was made by Curry, seconded by Zaun to advises Mr. and Mrs. Haugland that Resolutions X76-24 and Z7-72 have no application to their request, to construct a metal pole type garage on their property due to the time lapse between the Resolutions and the date at which they entered into a purchase proposal with 'Menards for the building.: Roll call was taken on the motion." Ayes, Zaun, Nelson, Spande, Lekson and Curry.> The Hauglands were advised they would need to request a conditional use permit if their total, garage space exceeded 1,000 square feet. 78.154 Motion was made by Curry,. seconded by Spande to continue the Council meeting.' beyond the 10.:30 adjournment time. Ro11 call was taken on the motion. Ayes, Nelson, Spande, Lekson.,"Curry and Zaun. -4- . ~ • CITY OF LAKEVILLE COUNCIL MEETING' APRIL 3,'..1978, 78.155 Motion was made. by Curry, seconded by Zaun,;to approve the Public Works;Direc or and Street Superintendent. to attend a Publie Woraks Conference in Brainard. Roll..call was taken on the motions A e~ Sande, 'I,,~k~on, Curry, Zaun` and Nelson._ y P 4 . 78.156 Motion was made Curry, seconded by Spande to approv~yt~,eb.~.nstallation of a street -light at the intersection' of "fru~rk ~iig-hway 50 and Ib~ri~ Avenue. -Roll call was: taken on-the motion. .Ages, Lekson., Curry,.. Zaun, Nelson and Spande. The Council directed. that the approval of a 3.2 non-intoxicating beer license for Mick Tingelhoff and Paul Krause be played ;off the Ap~i~. 17th agenda. 78.157 `Motion was made by Nelson, secondedxby Zau~i~'ro~adjou~n the Council meeting. Ro11 call was taken. on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. Time: 11:05 P'M.' Respcetfully submitted, r r Patrick E. McGar ey, City C rk Gordon Lekson, Mayor. 5 r