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HomeMy WebLinkAbout11-20-78 i ~ ~ ~ CITY. OF LAKEVILLE =COUNCIL MELTING: NOVEMBER 2(1..1978 , The .meeting was called to order at 7:30 P.M. byaM~yor l~son. The pledge. of allegiance to the flag. was given. Roll call was taken." Present:: ~ouncilmembers Spande, Curry, Zaun, Nelson and Mayor Lekson: Also present: Roger Knutson, City ,Attorney; Darrell;,Schneider, City Engineer; Patrck...McGarvey, City Administrator/Clerk.. ~ 78.530 Motion was madeby Nelson, seconded by Zaun to approve the minutes of the Novem- ber 6,.1978 Council meeting as read. Roll call was taken on the motion.. Ayes, Lekson,'.Curry, Zaun, Nelson and Spande. 78.531 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, Spandesand Lekson. `Staff reports. There were no reports from the Attorney: or Engineer. The City 'Administrator advised the Council of a claim..filed against the City by John Beno., concerning a broken leg he suffered at the Orchard :Lake beach. 78.532 Motion was made by Zaun, seconded by Nelson to receive the claim of..John Beno and refer it o the City's insurance company. for appropriatedefense. Roll call was taken on the ..motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 78.533 Motion was made by Zaun, seconded by Nelson to approve a $30 registration fee for a Planning Conference for Marianne. Curry. Roll call was taken on the motion. Ayes, Zaun, Nelson,: Spande, Lekson. Nays, none. Curry abstained. The City Administrator presented a letter to the Council from the City of Apple Valley Cable TV Commission requesting members of_the Lakeville Commission .to attend their meetings. The Administrator advised the Council that the Lakeville Commission had not.-met for over three years., and thaf there was a requirement that `a Cable TV Commission. be in effect since the City does have a franchise with the-Cable TV firm. 78:.534 Motion was made by Curry, seconded by Zaun to appoint the City Council to the City of Lakeville's Cable TV Commission.. Roll-call. was taken on the. motion. Ayes,. Nelson, Spande, Lekson, Curry and Zaun. 78..535 Motion was made by Curry, seconded by Zaun to receive-the minutes of ,the-Natural Resource Committee and Planning. Commission-meeting minutes...' Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun anc~ Nelson. Marianne C~ra'y stated the Park and Recreation Committee would have a meeting at 1:3~ ~ Nq~i~~mer 29th c~xicerning the long range `park planning as `a part of the new City's re3~ensive Plan:. 2~e Citq Council revi~e~l the. request of John Stupero for a side yard variance: and canditiional ust ~?e7rmit to construct a house. on alotwith a eptic'system at , Che wept ~?f Orchard Lela. t 78.536 Motion Ores t by Curry, seconded by Nelson to-grant a side yard variance down tap lfl faRt td ,T R. Pero and tt~ >$rant a `conditional use for the installa-~ tiara of a s+~tie ayst~ea to sere! °e new hoffie,on;'^this~ lot.' Roll call eras taken btt ~rtian.~: eyes, l;~ksons Curry; ~~aun, Nelson and Spande. At this time Mr. A. M. Banks appeared before the Council concerning his future plansfo~r the remaining. part of Lot 11'B1ock 1 of Overland Addition. Mr Banks indicated .that he was williu$ to file tl~e a~pl,ication to have the remaining part of his property zoned from B-4 to a mult3.ple residentia3, zone and one s~.~. Par^' , '*1,- ~ CITy~ OF -LAKE~ILd~L COIRdGiL MEETING NOVEMBER 20,.:1978 cel of B-l commercial zoning.. He said'he was willing to take this step if the Council would in turn approve the rezoning and conditional use permit for fihe 3 acre Qarcel at the corner of Iberia and Highway 50 he is selling to the Beth- lehem Lutheran Churehn. ` The .City Administrator°advised the Council that Resolution ~~78-77 would have to be .changed as that `Resolution. included the requirement for a, 5Q foot right--of- way ...from 'Iberia Avenue running to. the past of the remahin:g part of Lot Il. 78.537 Motion was made by Curry, seconded by Zaun to reconsider Motion ~~78.513. Roll .call was'takenon the motion,, Ayes, Curry, Zaun,'Nelson, Spande and Lekson. 78.538 :.Motion was made by ,Curry, seconded by Zaun to_strike Motion 4f78513 from he Council minutes. xa11 call was taken on the motion.: Ayes., Zaun, Nelson, Spande, Lekson and Curry. 78.539 Motion was made by Curry; seconded by Zaun to adopt Resolution X78-84 approving the division ©f Lot ll Block I:Overland Addition. Ro11 call was taken: on the neotion. Ayes., Nelson,. Spande, Lekson, Curry and: Zaun. 78.540 Motion was made by Zaun, seconded by Nelson to adopt'k~rdinance 4¢131 rezoning a three acre parcel .from B-4 to R-1C for the west 241.92 feet. of -Lot 11, Block 1 Overland: Addition. Roil call was `taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 78.541 Motion was made by Curry, seconded by Zaun to adopt Resolution 478-$5 approving a conditional use permit to the Bethlehem Evangelical Lutheran Church. Roll call was taken on the motion..: Ayes, Lekson, Curry, Zaun, Nelson, and Spande. Mr. Rod Anderson, Vice Pres~:ent of National Polymers, appeared before he Council concerning avariance in the side yard setback and a conditional use permit for a structure over 45 feet. Mr. Anderson stated the silos were for the purpose of staring plastic, pellets used in their manufacturing process.. 78.542 Motion was made by 'Curry, seconded by Zaun to grant a side yard variance as re- quested by National Polymers to allow construction of the silos at the.. east side of the building subject to a positive review and approval of'the.F'ire`Degartment before the building permit is'issued. Rolf call was-taken on the motion. Ayes, Curry.,. Zaun, Nelson, Spande'and Lekson. 78.543 Motion was made by Zaun, seconded by Nelson_to approve a conditional use permit to National Polymers to allow construction of the s los above 45 feet in height with a maximum of 52.9 inches. Roll call was taken on the, motion. Ayes=, Zaun, Nelson, Spande Lekson and Curry. 78.544 Motion was made by Zaun, s~:¢onded by Zdelson~to approve fihe preliminary pls.t of Purcell's 1st Addition consisting o~ three:'Tots.,.' Roll call was taken on the motion. Ayes, Nelson, Sgande, Lekson,; Curry and.. Zaun.. 78.545 Motion was made by Zaun, seconded by,Spande to ;approve the-rear yard vari.anee down to 50 feet and a conditional use permit-to.,-allow construction of>a new home on<2ots 1, 2,_`and 3, Block l7_in;LyndalerLakes Ciub 2nd Addition with a septic :system.... . , . Roil call was `taken on "the motion. Ayes, Spande, Lakson,.Curry, Zauo and N~~.~son., At this time the three partners in'~Tot~.l "free, .'Inc.,,appeared before the. council concerning their request for a conditional use permit to a1~:ota'outsid~ sales and storage.. The Gity`Council reviewed the environmental, safety, est~tetlc considera- tions involving the storage of a large pile of wood chips in this location of the City. The applicants indicated they are considering building a new plant in the City of Lakeville and possibly be able to locate their large wood ch~.p pile at that site in the future. They als® indicated whether'or n,~t the Council would -2- • • t CITX-OF LAREVILLE COUNCIL MEETING NOVEMBER 20, 1978 consider a conditional use permit to allow a smaller size pile of chips at 'this location for retail sale only. The Council directed the staff to prepare various conditi©ns for future consideration. 78.546.E Motion .was made by Curry, seconded by Zaun to table the matter and re€er it back to he City staff for preparation of specific'csnditians for fuxthe review by the Engineer, Fire Department and.. City Attorn.ey_ Roll call was taken on the motion.- Ayes, I,ek~pn, Curry, Zaun, Nelson and Spande. 78.547 Mot3.on -was made by Curry, seconder~sby Lekson to confirm and approve Mr. Barry Christenson to-the `position of Fire Chief for the city`of La~seville. Roll call was: taken onthe motion.'>Ayes, Curry,- Zaun,-`Neison, Spande and Lekson. At this time the Council discussed the, proposed salary range compensation plan for various City employees. The Council discussed the step versus range approach to a salary.:planalso ` 78.548 Motion was made by_Curry, seconded by ,Zaun.t~ adopt Resolution 478-86 of the salary range for exempt class fication~:and str#kng 'the classifications under Roman numerals II and III of `the Resol~,tion. Roll call was taken an the motion.. AyesR Zaun, Nelson,~Spade, Zekson and Curry. 7$.549 Motion was made by 'Curry, seconded by Spande_to have the Administrator prepare a four step, minimum 48 month step:.payplan for hourly pay positions in the City of Lakeville for..Council-consideration. RoII call was aken on the motion. Ayes, Nelson, Spande, Zekson, Curry and Zaun. 78..550 Motion was made by Nelson, seconded by Zaun. to adopt Resolution x`78-87 author- izing and directing the City Engineer to prepare a dagramma.tics xeport on the installation of utilities in-Airlake 2nd Addition. Rol call was taken on the motion.: Ayes,.Nelson, Spande, Lekson.,'Cur~y and Zaun, 78.551 Motion was made by .Curry, seconded`by Zaun to approve .the second partial-payment to'Fischer Construction on'the 175th Street project in the amount of $102,753.20. Roll call was taken on the motion.. Ages, Lekson,_Curry, Zaun, Nelson,.and Spande. 78.552 Motion was made by Spande, seconded by ,Nelson to table-the final payment and approval of 'the Lakeville Hills/Jackson Heights street project... Roll call was taken on `the motion. Ayes, Curry,'Zaun.,'Nelson, Spande and .Lekson. 78..553. Motion was made by_;Zaun, seconded by Nelson to approve the agreement between the Cities o$ Burnsville, Apple Valley, Fa7emington, Lakeville and Smith Ambulance for ambulance servicefor the year 1979. Roll call was taken on the motion: Ayes, Zaun, Nelson,. Spande, Lekson and Curry. -78.554 Motion was made by Curry, seconded by Zaun``to adopt Resolution x'78-88 ordering in street lights: on 175th Street as per the. plan presented. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and' faun. 78:555 Motion was made by .Zaun, seconded by Ne son to adopt Resolution X78-89 ordering in stop signs 'along 175th Street.. Roll cal]. was taken on he uao ion: Ayes, Spande,"Lekson, Curry, Zaun and: Nelson. 78.556 Motion was made by Nelson, seconded by Spande to authorize the Mayor and Clerk to execute the sett ement agreement with the Chart House on the utility ease- merit and-authorize payment 'of $6,000. Roll call was taken on the motion.: Ayes, Lekson, Curry, Zaun,.N~laon and Spande. '-3- 4:.. ' ~ > kn r ~C~TY C1F I~AKEVIZ~.E .Gt}.~JhiCIL M£sETING ~tOV,EMBER 20, 1978 At this t me the City Administxatar reviewed. with the Council the new urban service district map`and the proposed projer~ts plats: fore 1979.' It was explained that the s off would have a further report for consideration by 'the Council at the December 4, 3978 Council meeting.. The Council also discussed the need-for a policy when_the City must acquire either easements or r ght-of-way for :utility ~.nd street projects. It was the concensus of the C©uncil that when we have these `types of projects, the City should file for condemnation on all the parcels and then negotiate an appropriate settlement if possible. 78..557 `Motion was made by Zaun, seconded by Curry to adopt Resolution X78-90 setting .forth a policy'on the filing of condemuation`by the City of improvement projects where the City needs easements.. and `right-of~aays " Roll call was taken on the motion. Ayes, Curry,..Zaun,-Nelson, Spande and. Lekson: 78.558` Motion was made by Curry, seconded by Nelson`to approve the classification by the County for the;parcels'being..-forfeited.:for non-payment of taxes. 'Roll call'was.taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson, and Curry. 78.559' Motion was made by-Curry, seconded by Zaun to receive the list of bad... checks from the'"Liquor Store and authorize. the Cfty Cler1~ to write-off the bad checks as 3stad: Roll call was taken on the mpt~on, Ayes, Nelson, Spande, Lekson, Curry and Zaun. The Council discussed the status ca.f Mr. Ray Zweber, the City. employee who was in- jured,on the-job in 1977 and requested a reportby-the December 4th ar 18th Coun- cil:meeting. Marianne Curry, and-Jerry Spa~.de advised the Council concerning the Seminar they had attended on the subject of City Industrial type Revenue :Bonds for the franc-- ing of he~using projects. They stated the City Financial Consultant, Springsted, Znc.thad advised them at the ..:Seminar that cities should be very cautious in par- ticpattng in these type of financing endeavors, or n:ot participate at all. 78.560 Motion was made by Curry; seconded by Spande that t bathe policy of the City Council of the City of Lakeville not to z~bta3.n proposals for: revenue bond fin- ancing of housing projects. Roll call was taken on the motion.: Ayes, Spande, Lekson, Curry, Zaun and Nelson. 7$..561 Motion was made by-Curry, seconded by Nelson to ..direct:. the CiCy staff to prepare: an ordinance on the subject of the .storage of hazardous waste in the City. Ro11 ca11 was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson 'and Spande. 78.562 Motion was ffiade by,~sun, seconded by Lelcson'to adjourn the Council meeting. Rollecail_was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson.. Time.: 10.:30 P:M. Respectfully submitted, ~a;. r r ~'atrick E. McGarve Gity ark Go don Lekson, or