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HomeMy WebLinkAbout08-21-78 CITY OF LAK~r'ILLE CQUNCIL MEETING AUGUST 21, 1978 The meeting was callecZ to order at 7:3t? P.M. by Mayor Lekson. The pledge of allegiance to flag was ,liven. Roll call was taken. Present: Councilatbers Spande, Curry, Nelson anal Mayor I,ekson.' Absents Councilman 2aun. Also,pre~er~t: Patrick barrel]:, City Attorne-y; Frank Burg,-,City Engineer; Patrick McGarvep, City Administrator/Clerk.' 78-~ 3$€~ Motion was made by Curry, seconded, by Nelson to appr-ove the minutes of the Aagust 7, 1978 Council meeting Roll<call wad taken on°the awtion. Ages, Lekson, Curry, Nelson and Spande. 78.389 Motion was made bar Curry, seconded` bySpande to approve the- claims for payment. Roll call was taken on the matian.; Ayes~.Curry, Nelson, Spande and Lekson _ Staff reports:: ~ - Mr. Farrell `advised the Council that the report an misdem~,nors handled by their firm would be forthcoming to° the''Cou~tcil. He also reported that. the hearingson the condemnation of both parcels. of property along 175th Street would be held in the near future. Mr. Frank Burg reported that all dirt work to be-.moved on 175th Street: had been completed. 78.390 Motion was made by Spande, seconded by Nelson to receive the minutes of the three. Advisory Committee meetings. Roll call was taken on the motions` Ayes, Nelson,.. Spande, LeksQn and Curry. At this -tinre~3e.yor Lekson advised the Council. and citizens present that item 7 on tie agenda would be taken before item 6 to put them in their proper order. He also advised that. the Council .would ;.not be taking any .action on the rezoning of the Lidco Addition property because the rezon- ins cannot occur in this situation until their is a final plat that has been approved. Mr. Ken Zarson was.`present and presented .the preliminary plat of Lidco Addi- tion and explained the proposed use of the gropertp in the'plat and the pre- sent use and'aoning of the surrounding land. Marianne Curry asked Mr.' Larson about his screening plan, especially for Lot 1 as it abuts the'R-1C lot o the east. Mr. Larson stated that t developer would be glad to submit a plan that would satisfy he property ~ and ,that he-personally felt shrubbery would be best but if, it required a~rubbery and fencing :chat. would be fine.' Councilman Spande stated.. that he was concerned about the screening at the, east side of Lot 1 and felt there .should be:both a fence ands s. .Gerry Whittier reminded the Council of the proposedchurch'and Wren property rezoning and stated she £elt the Council should take a look at the entire area before making--any decisions. Marianne Curry pointed out that the. original zoning in'the area ,didn't pro- vide much, if any, buffers. 78.,391 Motion was made.Curry,-seconded by Spande to appresve the preliminary plat of Lidco Addition. Tk~re was discussitin concerning the Council''s approval at :this time when a rezoning of the plat was being contemplated. 78.392 Motion. was made by furry, seconded by Spande to amend the above anetion to include the wording "subject to a waiver signed by Mr. Larson in the event the rezoning is not approved than the'acton in granting the preliminary plat appro~ral is not `to be considered as approval, or 'implied approval. of tie rezoning being regexested." -1- } ~ ' a-.~ CIS OF IAKEVILLE COUNCIL- MEETING - AUGUST 21,..1978 Roll call was taken on the amendment> Ayes, Spande, Lekson, Curry and Nelson.. Role. call was taken on the motion. Ayes., Lekson, Curry, Nelson and Spande. Thee'City Administrator advised the Council that Mr. Larson..plan~ to have the .final-plat on''the September 7, 1978 Planning Commission agenda which would probably .place this item back. on the September 18th Council-agenda. Once the final plat is approved then the ordinance concerning rezoning. would be' in order, 78..393 Motion was made by Spande, seconded by Nelson to table'.item b on the agenda until the final plat. of Lidco Addition is before the Council and `has :been given approval.. Role call was taken on the motion. Ages, ~.ekson, Curry, Nelson and Spande. '78.394 Motion was made by Curry, seconded by Nelson to deny the variance recommended by the Planning Commission on. the request of-Harry Scl~ela~eske for an addition to a garage at 9955 176th Street Circle. - Roll call was taken on the motion. Ayes, Curry, Nelson, Lekson and Spande. 78.:395 Motion was made by Spande, seconded by Curry to adopt Resolution+78-54 approving the, final plat of Sanasha Knells;. Roll call was taken on the motion. Apes, Nelson;. Spande, Leksonand Curry.. 78.396. Motion wins made by Curry, :seconded. by Nelson to adopt: Resolution 78-55 approving the final plat. of Highview Estates 1st Addition. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry and Nelson.- At this time Mr. Farrell reported that he is in the process of helping to settle the suit between. Mr. 'Jerome Clay and the property owners- concerning the location 'of Iran Avenue. He advised the Council that the City has an agreement from Mr. Clay to hold the City harmless: and indemnify the City for any costs in the settlement of this road right-of-way dispute. 78.397 Motion was made by Curry, seconded by Nelson to: table this matter to allow 'more time for the parties to settle it. Roll call was taken on the motion... Ages, Lekson, Curry,. Nelson and.5pande 78.398: Motion was made by;NElson, seconded by Spande to adopt Ordinance X123 an the licensingand regulating of the conduct of bingo,-gambling devices-and. raff~.es. Roll.call was:. taken on the motion... Ayes, Curry,. Nelson, Spande and Lekson. 78.399 Motion. was made.Cur~y, seconded by Nelson to adopt Resolution 78-56 setting the license- f ees foxy 'tle" licenses dc~~tered by Ordinance #123. Roll call was taken"~a~h the motion. Ayes, Nelson., Spande, Lekson and Carry.- The City Council.~dlscussed the advisability-of changing polling places in Precinct 2 and Precinct 3 and the need-for adding an additional-.polling place ~n Precinct„3. 78.400 Motion was made by Lekson, seconded by Nelson to split Precinct 3 and estab- Ish a secon~' pol~~g `place within .the _ present boundaries of Precinct 3 at the Country View Mbb~tle'Ho~e'>Park Administration.Bulding and: setting. the boundary of this district as Flagstaff Avenue on 'the west, County Road. S$ on the north and the Gity.,lmits on the south and east by adopting Resolu- tton 7~-57. Roll call was taken on the motion. Ayes, Sande; Lekson, Curry and Nelson. 78.:401 Motion was made by Curry, seconded by Spande to adopt Resolution'78-5$ set-~ ting the assessment hearing for October 4, 1978 at 7:3~ P.M. for the 175th Street improvement project. Roll call was taken on the motion. Ayes, Lekson, Curry, Nelson and Spande. ~2_ GITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1978 78..402 Motion was made by Curry, seconded by`Spande to .approve the assessment abatement for Wallace Lundeen as recommended by the I3akota;County Assessor's office. Ro11 call was taken on the motion. Ayes, Curry, Nelson, Spande and Lekson.:` 78.403 Motion was .made by Curry, seco~ided by Lekson to receive the final report from the Engineering Consultant on the Sanitary ..Sewer Evaluation Study. Roll call was taken om the motion. Ayes, N~l~on, Spande, Lekson and Curry. The City Administrator presented a letter from the Minnesota DNR concerning the conversion of Lakeville from the emergency phase to the regular phase under the National Flood Insurance program and the need for, adopting an or- dinanee which would provide'`eontrols in the flood plain area. This ordinance should be adopted. no later than October: 26, 1978 to keep the City in compliance with the flood insu.ranee provisions. 78.404 Motion was made by Curry, seconded by Nelson to receive the letter from. the Minnesota DNR and refer ft to the Natural Resource Caimnittee and Planning Commission for review and a recommends ion by October. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry and Nelson.' At this time Ms. Nan McKay of the Dakota HRA introduced herself to ,the Council and explained briefly what the County: Housing -Plan is and how it iffi arrived at. -She stated that. Dakota County HRA has-had only 8I applications in three years from Lakeville residents for subsidized housing.:.: Thee Council.:advised Ms McKay`that they were not quarreling with the County figures but rather. with some of the definitions used by the Metropolitan Council when arriving at metro housing allocations and goals. The City°Council then xeviewed the Resolution setting forth the City'`s.posi- tion `on the subject of subsdi~ed,.ard/ox.-low ctost or moderate cost housing under the proposed goals of the Metropolitan Housing Guide Chapter. 78.405 Motion was made by Nelson, seconded by Spande to adopt Resolution X78.59 with numbers 8 and 9 added to the Resolution and. have the Resolution for- warded on to theappropriate'offcials at the Metropolitan Council. Roll call was taken on .the motion. Ayes, Lekson, Curry, Nelson, Spande. 78.406 Motion was made by Curry, seconded by Lekson to adopt, Resolution 78-6Q .authorizing the filing... of. the final grant application for the Community Development :Block Grant funds for an improvement on the Orchard Lake rani- tart' sewer. trunk, system at an estimated cost of $878,000. Roll call was, taken on the motion. Ayes, Curry, Nelson, Spande and Lekson.. The City Administrator explained that the at orney representing the Weisner estate had signed over to the City the $7,500 in escrow to provide the.: funds necessary to improve 167th Street as required by the development.:agreement. between the Ctp and Wesners. The Administrator advised the Council that.. since the developer ~aad; not. completed this requirement. and that ~.t~~.was an estate that it wou°~d t~e~ up o the City°'tt~i use the money and have; he work done. 78.407 Motion was made by Curry,seconded by-.Nelson. to approve change-order#1 to the Fischer Constru~tion.Coagaany'o~ the 175th Street contract in the amount of $6,140 to improve`~Uppe~t 167th Street from;Langley Avenue to .the west. Roll call was taken on the motion. Ayes, Nelson,`Spande, Lekson and.,~Curry. 78.408 Motion was made by Curry, seconded by Nelson to adopt..Resolution ~i78-61 setting. forth., the City csf~3.akeville's suppoft in the Gity of Richfield's lawsuit contesting PE~,RA camgulsory binding-arbitration for essential,,em- , ployees and approve a $l00 payment to the heague of Cfties to support-the y. court costs.` . Roll call was taken on the motion. Ayes, Spande, Lekson, Curry .and Nalev~t. la4 ~ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 21, 1978 :78.409 Motion was made. by Spande, seconded: by Gurry to remove Mr. John Pierceall from the Planning Commission due to the. absence :from the Planning Commission meet- ings including three meetings- in a row. Roll call was taken on the motion. Ayes, Lekson, Curry, Nelson and Spande.. 78.41Q Motion was made by Span.de, seconded by_Nelson to-.appoint-Mr. Charles Johnson to the vacancy on the.:P:lannng Commission. Roll .call was taken on the motion. Ayes, Curry, Nelson, Spande and Lekson. At this time Councilman Spande advised the Council he would like to have placed on the September 5, 1978 Council agenda considerati©n of changing the official City newspaper, 78.411 Motion was made by Curry, seconded by Lekson. to adjourn the Council meeting. Roll call was taken on the motion.. Ayes, Nelson,;Spande, Lekson and Curry. Time: 9s5T P.M. Respectfully submitted S Patrick E. McGarvey, Ci y Clerk Gordon Zekson, yor s , -4-