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10-02-78
r . ~ ~ ~ cz~ of ~ EVZLLE couNGZL MEETZrrc OCTOBER 2;' 1978 The meeting was called to order b~.l~ayor Lekson at 7:30 P.M. The pledge of allegiance to the..flag was .given,.: Roza Hall was. taken. Present: Councilmembers Spande, Curry, Zaun, Nehon;and Mayor Lekson: Also presents Patrick McGarvey, City Administrator/Clerk; Patrick Farrell, -City Attorney; Darrell`Schneider, City. Engineer. 78.446 Motion was made by Curry,.. seconded by: Nelson to approve the'. minutes o:£ the September 18, 1978 Cauncii tweeting. Rollcah was-taken on the motion. Apes, Spande, Lekson, Curry,;Zaua':and Nelson.. 7$.447 Mation was. made by Zaun, seconded by Curry to approve the claims for. payment as .presented. Ro11 call was taken on the motion.. Ayes, Lekson, Cut'ry, Zaun, Nelson and .Spande. Staff reports: The City`Atta~atey advised the. Council .'that the eondemnat on hearings on the 175th Street pro~eet were under way. He also.. advised the Council he would like to meet with; fihem in an executive. session to dscuas the litigation concerning the ease- went the City. needs from the Chart House for util~.ty putrposes. fine Gity Engineer advised the Council that the Minnesota PGA was once again. hold- ing up permits for the installation of sanitary .sewer lines on .the system tribu- tart' to tine Lakeville treattaextt plant. The Council discussed ir~va.tng area., re- gidnal ltd state officials to the next Council meeting to dsGt~:as the. matter, wad the implications fear these puns in 1979. The, Council directed that the.: item. be placed on the October 16,;.197$ Council agenda. 78448 'Motion was made by Curry, seconded by Zaun to direct the City staff to incite the.officials from,the Metropolitan Council, I~trapolitan Waste Control Cotmuis--' sign, Minnesota PCA, and Da~.ota elected State officials to the October 16, 1978 Council meeting to discuss the limitations on the extension of sanitary newer lines. 3x~ hakegille. Roll ca3.~. 'seas taken on the motion. Ayes, Curry, `Zaun, Nelson, Spande and Lekson. At this time Mayor'Lekson opened-the discussion on thc~ proposed Lidco Addition and rezoning, The City Administrator presented three. maps, one. showing the current zoning in the area of zberia Avenue and 205th Street, the next. hc~ing the prvpased land use under the CRD concept plan adopted in 1976 for this axea. and the third. map sharing the requested~rezatt,~:ng by'three different applicants im this area. 78.449 After discussiaa~ a motion was made by Lekson, seconded by-Spande to approve theple.t of the Lidco'Addition. Roll call was taken on the tnatit~n. eAyes,.Spande,-,Lekson, Nays,`Zaun,_.Nelson and- Curry. The City"CaunciX"discussed the reque~rted rezoning which involved both R-3A multiply family for ug,to faurplex unts'and R-2 mutliple f~miiy for up to duplex units. The members of the Council felt that R-2 zoning would be ap- propziate far ' all five lots in~ the. Lids "2~ddtiox 78.45fl Mention 1~as made by Curry, seconded by Spande to rezone the parcel of pr?~Derty involved with. the Li~.ca Addition. frost 1~-1C single family to R-2 and s:do~:~~ing Ordinance #124. ,r. Ro11 call was talon an the tm~tion`.. Ayes, Nelson,' Spande, Lekson, Curry and; dun. 78.451 A4otimxt was made by Zaun, seconded by Curry to reconsider ttte final plat of Lidco A~3dition. R©11 call was taken an the motion. Ayes, Spande, Lekson, Curry, Zaun°and Nelsaa. -i- ~i. k. ' CITY.`. OF LAKEVILLE COUNCIL MEETING' OCTOBER'2, 1978. 78.452. Motion was made by Zaun, seconded by.Curry to adopt Resolution X78-67"approving the final pla of the Zdco Addition. Ro11 call. was taken on the motion. .Ayes, Lekson,, Curry, Zaun, Nelson and Spande. 78.4~~ Motion was made by Curry, seconded by Zaun to order and authorize the City Engineer- to prepare a diagramatcs report on. the future improvement of Hull Avenue from 205th Street to 207th Street: Ro11 call was taken on the motion. Ayes, Curry,: Zaun, Nelson, 3pande and Lekson. 78.454 Motion was made by Lekson, seconded by Nelson to authorize and direct he instal- lafion of No Par~.ng signs on Iberia Avenue from `Trunk Highway 50 to the corner of 205th Street. Roll cah was. taken on the motion.. Ayes, Zaun,, Nelson, Spande, Lekson and Curry. 78.455 Motion was made by Curry, seconded by Zaun to install four way stop signs. at the intersection: of 205th Street and 206th Streets .with Hughes Avenue. Roll call, Was-taken on the motion. Ayes, Nelson, Spande, Lekson;, Curry and Zaun. 78.456 Motion was made by Lekson, seconded by Zaun to adopt Ordinance 4125 rezoning a parcel of property on th+~ west side of Iberia Avenue from B-4 commercial to R-3 multiplefamily... ~ - . Roll ca1Z was taken on the. motion. Ayes, Spande,, Lekson, ,Curry,"Zaum and Nelson:. The City- Administrator $dvieed the Council that he had received a call from the Attorney representing Mr. Jackson requesting the tem be tabled°to the October 16th Council meeting. 78.457 Motion'-was~m~.de`by nelson; seconded by Spande to table the request of'Mr. Jackson to rezone part of Jackson Addition to 4etober 16; 1978. - Roll call was taken on the motion,' Ayes, Lekson,:. Curry, Zaun, Nelson and Spande. 78.458 Motion Was made by Span~e,'seeonded by Nelson to-approve and adopt Ordinance #~l~b amen{~ing_ Ordinance 4;2 an mobile home. parks. .Roll call was taken. on the motion. Ayes, Curry, 'Zaun, Nelson,-Spande and Lekson. 78.459 Motion was made Zaun,;seconded by Curry to receive the minutes. of the Advisory Committee meetings. Roll eaal was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. The.Citg;Council discussed the need to meet 'with the local 8portsmans Clu1a and local members... of the NRA to get voluntary citizen assistance in enforc ng shoot-- ing regulations in the City. Mr. Dave Ostlund, Chairman of, the Natural Resource Committee, spoke to the Court- cl concerning their Committee's recommendat on that preliminary plats be sent to the .Dakota County Soil and Water Conservation District for review. Mr. Ost- lund stated he felt. the ,informa.ton received from the County at nu charge would be beneficial for the'Committee in making- their recommendations. .Mayor Lekson stated that in some: cases it may be appropriate to send the plat' to he County and in other cases it would not. The'staff was directed to P~® pare some guidelines and then file. preliminary plats with .the County under-the guidelines .at~the time they are submitted to the City to expedite matters.- Mr. Don Baker; architect presented the site and building plan concepts for three apartment buildings on 6.5 acres located on the- east. side of Dodd Road south of Trunk Hghway`5a. They reviewed the request. of Mr. Orest Spande to have the ` property rezoned from the present B-4 commereial;to R-3C multiple family. Councilman Zaun stated that he felt five drv~ea.y,accesses onto 50 were exc+~s- sine and they,; should be xeduced and that the nearest driveway .should be`nv closer to the railroad tracks than the"proposed relocation of County Road 64, -2- ~ _ • • CZTY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 1978 78.460 Motion uas made by Curry, seconded by Nelson to -adopt ordinance ,~~127 rezoning the parcel of property from B-4 commercial to R-3C multiple family. Roll call was taken on the motion. Ayes, Zaun, Nelson,, Lekson and Curry. Nay , no'he. Abstain, Spande. At this time the City Council took up the consideration of .mortgage revenue.'' notes for the construction of nine fourplex units in the Cedar. Highlands Addition. .The Council reviewed aletter from the. City's Financial Consultant, Mr Pinscher of Springsted, Inc. 78.461 Motion was made by,Currq, seconded by Lekson-to table the matter until the City receives more information and State Legislature reviews the present law. After. further discussion the motion was withdrawn by the maker. 78..462.,: Motion was made by Leksan, seconded by-Curry to deny this request of Mutual Land Development for mortgage. revenue 'notes. Roll caln was taken on the oration. Ayes, Nelson,:-Spande, Lekson, Curry and Zaun. At this --time, the City Administrator presented a legal notice for 'the proposed use of Federal'Revenue Sharing Funds. There was no one present wishing t4 speak on`the matter. 78:463 Motion was made by Sande, seconded by Zaun to close the public hearing on the proposed ixse of Federal Revenue Sharing. Funds of 1979. Roll call was taken on the motion. Ayes, Spande,'Lekson, (;urry, Zaun'and Nelson. 78..464 Motion was made by Curry, sect~~i..aed:` by Nelaoi~~ to° adopt -Resal~xtion X78-68 on the use of $103,516 of `Federal Revenue' Sharing"Funds"-of 1979. Roll call was taken an the motion. Ayes, Lekson,,Curry, Zaun, Nelsen and Spande:. 78.465 Motion was made by Curry, seconded by~~Spa~cle to adopt Resolution 7$-69 approving the 1979 General°Furid budget for the City°af Lak.eville'. Discussion on th~`.motion.° Mr Kermeth Larson questioned the Council on the amount of tax dollars: in the buc},get for the Fire Department ~telef Association T He also questioned whether or `~a.ot`,the benefit was being left at $800'`per• year of service o.r increased' to' $1,.0470: Ma}~or Lekson stated that he and,~Ir._ Spande are the Council`s Fire Department Committee anti had met on September 2&th with the officials in the Fine Depart- meat and had advised them that there would be no inerease'in the lump'sum bane- fit over'the $800 and that he had Nought that the message had been conveyed to the tither members of the .Department. Mr. Larson stated 'that according to a report from the Finance Director that slightly an excess of $16,00(7 was all-that was being budgeted. in 1979 from tax funds for'the Relief Association. `The City Administrator stated that the budget calls. far $35,253 to the Relief Association of ~rhieh-$13,212 is from State Aid and $22,041 is from local property. tax levy.. Mr. Harry Clarkson-spoke to"the Council. concernings its attempt 'to ise liquor profits to build up the .building .fund far a possible new City Hell. He stated he 'felt these monies should be used to support ether City services. Roll call was :taken on the motion. Ayes, Curry, Zaun,`Nelsan, Spande anal Lekson. 7'8.466 Motion was made by,cirry, seconded by Zaun to adopt Resolution 7$-70 settimg the 19~$ ta~-levy for the City of Lakeville 'at $842,08.9. Roll call was taken on the motion: Ayes, Zaun, Nelson, Spande, Lekson and Curry. 78.467 Motion was made by Zaun, seconded by Nelson to adopt Resolution X78-7I approv- ing the 19'79 utility operating fundbudget:.... -3- CITY, OF LAKEVILLE COUNCIL MEETING OCTOBER 2, x.978 Roll. call was taken on the motion.`, Apes, Nelson,: Spande, Lekson,.: Curry and Zaun: 78.468 Motion was made by Nelson, seconded by Curry to adopt Resolution 78-72 setting new user-rates for City water and sanitary sewer service effective for the. January,"1979 utility bills. Rol call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun.:a,nd.Nelson. 78..469.. Motion was made by_Zaun, seconded by Nelson `to receive the report from the `League of Cities Personnel. Consultant on the City's job content evaluation and compensa- tion plan., Roll call worst taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande: 78.470 Motion was made by Curry, seconded by Zaun to set a public hearing on the assess- merit of delinquent-utility bi'~,Is and tree removal costs for November 6, 1978, at 7:30 P.M..- ' ' Ro11 call was taken on .the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 78.4.71 Motion was made by`Curry; seconded. by Nelson to approve a garbage license to Richard Hennes. .r, Roll ca1lr-was t'ake'n on the motioxi. Ayes., Zaun, Nelson, Spande, Lekson and Curry.' 78...4.72 Motion was made by Curr}~ seconde~i•hy Zaun to consider the first reading of an ordinance prohibiting snreasonalbe~'acceleration by a motor vehicle and imposing penalties for the violation thereof. Rolle. call was taken on..~the'~tbn. Ayes, Nelson,. .Spande, Lekson,. Curry and Zaun. The City .Council discussed a report on the prior turnout by polling place at the September 12, 1978: State:.:primary election.' X8.473 Motion was made by Spande, seconded by Curry to remove the polling place at ' Countryview Trailer Parke due ~a the costs involved. Discussion on the motion. The Council discussed the merits of additional polling places. and the retention of this polling place in the future. depending upon the voter's use of it. Roll call was taken on the motion, Ayes, Spande. Nays, Lekson, Curry, Zaun and Nel~an. - Otl~t business. . Councilmember Curry brought up the need for either a Public Works Commttee'meet- ing Qr placed on another Council agenda to review and decide-on the proposed 1979 Capital Improvements within the City. 78.474 Motion was made by Zaun, seconded by Lekson to adjourn the Council meeting.; -Roll; call .was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. Timea10:12'P.M. Respectfully submitted r ..Patrick E. car ~~y, Cit~ !erk Gordon Lekson, yor