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07-17-78
r ~ CITY OF LAKEVILLB COUNCIL N~~ING k+ JUZX 17, 197g The meeting was called o order by Mayor Lekson at 7:30 P.Af~ Thee-pledge ©f al- ~.e~iance to `the flag wss given.. Roll call was taken.. Present: Spande, Curry, Zaun, Nelgan and Me:yor Lekaon. Also present. Frank Burg, Consulting City Fngiz?eer; Patrick Farrell, City Attorney; Patrick McGarvey, City ..Clerk/Administrator.: 78.32$ P~otiun ~+as made by :Curr~r, seconded bq Spande to approve the minutes of the June 28,.197:8 meeting of~:the.,City Council as the Board`af Review. Roll Call wart' taken on the motion. Ayes, Lekson_~ Curry, Zaun, Ndlsan and Spande. 78.329 Motion whs made by Zaun, seconded by Nelson to approve the-mittutes o€ the July 5, 197$ Council meeting.. with the inclusion of a written amend~enC to Motion X78- 314 submitted 'bq Mariann~k Curry. Roll call was'taken.on the motion". Ayes, Curry, Zaun, Nelson, 5pande and. Lekson. 78.330 Motion wae~ made by Curry, seconded by Zaun to approve the paymt in the amount of ~420b~? an;the list of bills for approval to pay, to Walter R. Sternberg; for an easement on the Orchard Lake Phase I. utility pro~eet and approve the entire list fbr payment. Roll. call. was taken on the motion. Ayes,. Zaun, Nelson, 3pande, Lekson and Curry. Staff reports Patrick Farrell advised. the Council that the division of a. ten acre parcel into 4•:,2~%. acre parcels on the south side of 175th Street in 1972 was in, leis opinion, a legal division of the property at that time and he recommended that the Council enter into a developer agreement with:the developer for the improvement of a city street o serve the four parcels. ' Mr. Farrell advised the Council on the status of the easement acquisition an the 175th Street iatprovement project and the status of the condemnation prop- GeS3 OTI fivE'' parcels. P~Irr.'Burg advised tl~e,~Gou~eil that a gas=main. on 175th Street will be .one of the first items tc~ be a~Cen~~care of when the ~.o3truction activity begins as soon as the easements are acquired'. Mr. Burg also .showed the Gountil a~map showing the drainage pattern for the Cedar-Highlands develop~tner~t and that in`hi$'oginion about lone acre of land will dram. to "the nosh `once the plat, is fully developed. Citq Administrator:` The City Actmi:nistrator advised the: Council that they had receivedin their ;'packet copies of the Fire Relief Association's .report. 78.331 Motion was made Curry; sec®nded=>hy Zaun to receive-the Fire Relief. Assoca- tion's regort and''°pro~e~tions~for~1979. Roll call-was taken on the mot~.oxi. Ages,'"Nelson, spande,,Lekson, Curry and Zaun. At this time Mayor Lekson opened the public hearing on the proposed City use of Federal°`Revenue Sharing Funds. 7`he Cry Clerk attested. to the legality of the hearing and the legal notice., . There was no one present wishing to speak orpresent written suggestions on the.. proposed use of the funds. 78..332 Motion was made by Zaun, seconded by Spande to Glow the puhliG hearing on the proposed use of l~ederal''Revenue Sharing Eunds. Roll call was taken on the m,ot.ion Ages, Spande, Lekaan, Curry,: Zaun ;rrnd Nelson. At this time °Mr. G1an~a VanWora~r of the Minnesota DeparteuenL of Transportation presented the, alternative .plans an the,'~:~aprc~?meo.t to nterstion of ghtady 50, Dodd R.caad and County Road 64: Mr. VanWormer presented five `e:lternativer plans which had been reviewed by the Engineers. He also presented. traffic counts which show the two way flow of traffic on Trunk H~;ghway 50 in this intersec- tion of 4,500 to 5,001 cars per day. -1- • • CITY OF LAKEVILLE COUNCIL MEETING JULY 17, 1978 TYte Council discussed he possible use of the present Milwaukee Railroad right- of-way.,as aroad right-of-way for he extension of Gounty.Road 64 from the Lake Marion .area aver to Dodd. and possibly to Holyoke Avenue: The Council discuss- ed the alternatives;aud felt°it would be appropriate to,:meet with the Dakota County Emgineerbefore making any further recommendation to the Minnesota High- way.'Department on thin proposed project. 78.333 Motion was. made by Curry, seconded by Zaun t© refer the matter. to the Public Works Committee of the City Council to arrange.a meetingwith the. Dakota County Engineer. on he potential alternatives for the rerouting of County Road 64, and .report back to the City Council.. Roll call was taken:. on the motion. Ayes,-Lekson, Curry, Zaun, Nelson and Spande. 78.334 Motion was made by Zaun, seconded by Nelson to receive the minutes of the Planning Cc?mmission.and Natural Resource Committee meetings.. Roil .call was taken on the motion. Ayes, Curry, Zaun, Nelson, Lekson and Spande. 78.335 Nation wits made by Spande,,seconded by Zaun to .deny the request for a sideyard variance which. was ''requested by"Mr. Jerrq Clay,...upon the recommendation of the P.lannirig Commission and the:~act that the hardship was self-inflicted and not a hardship as a re~uit of the land. Roll Ball wad-taken ,on the motion: Ayes, Zaun, Nelson, Spande, Lekson and Curry. ~ At this time~the City Council reviewed:. the proposed site plan and use proposed for a seven acregarcel of land awned by Northwest Bituminous submitted by Mr. K. V. Olson. in his application. ' The Council discussed t~ie~nee~essfity far cleaning up the seven sere parcel and the additional lance arttund the gnr~e1 which Northwest Bituminous..-rented from Mt. Caspenson. The Council was adv~.sed,'by staff that Northwest. Bituminous had retained contractors to begin~the'samovng of junk and equipment froia the site and~'have begun grading; tkte pit area.'~to meet .ordinance requirements: 78.336` Motion was made by Curry, seconded by 'Zaun to grant Mr. K U. Olson a conditional use permit subject to Northwest Bituminous posting a 9~U,000 bond to guarantee the cleanup of the seven, acre parcel of land which they own and the property theq rented:.from Mr.. Caspersen for the pit_area and to require Mr. Olson to, maintain dust`:cantral as recommended by the Planning Commission on the:. parcel he rents from.Northwest $ituminous. 78.337 Mot~.on w~ -made„by•~Cuxry; secotaded bar Zaun to amend .the bond requirement from $10,000 to $:25,000. Roll call was taken on the amendment. Ayes, Nelson, Spande, Lekson, Curry and Zaun. Ro11 call was taken on the motion.. .Ayes, Spande, Lekson, Curry, Zaun and Nelson. Mr. Ray Sk~;lton appeared before the Council requesting approval for a`building permit to construct. an .office building on the Nordic Square property. 78.338, Motion was made-.by Spande, seconded by Nelson to approee the issuance,of a build- ing permit for Mr. Ray .Skelton on the Nordic Square property. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson. and Spande.. Mr. Tim Meaning appeared before. the Council ~oncerningthe`final plat.'of Dodd Park Addition. The City Adminis rater advised the Council hat the property may be sold by the'Fischers:to Wensmann's Haines-.for ultimate development. 78.339 M©tion was made by Zaun., seconded by Spande to approve the final plat of the Dodd Park Addition and authorize. the Mayor and.: Clerk to sign the .play and de- veloper agreement subject to receipt of the-signed developer agreement with-. required.: bond and cash. payments from the developer. Roll call was: taken on the motion. Ayes, .Curry,. Zaun, Nelson, Spande and Lekson. -2- • • • s, CITY OF LAKEVILLE COUNCIL MEETING JULY 17,.1978 78.340 Motion was made by Spande, seconded by Curry to grant a variance an-lot size fore 12 lots.: in the Dodd Park Addition as outlined on the plat `map presented to- he Council Roll call was taken on the motion.- Ayes, Zaun,. Nelson,. Spande, Lekson and Curry. 78..341 Motion was made by Curry, seconded bq Zaun to approve the final plat of the Air- lake Industrial Park, .2nd Addition and authorize the Mayor and~~Clerk to sign the .plat and developer agreement upon receipt of a signed developer agreement, bonds and cash-payments from the developer. Roll ca1T was taken on he motion. Ayes, Nelson, 'Spande, Lekson, Curry and Zaun. At this time Mr. Maynard Johnson presented site and building plans for tw© n.ew buildings in the Airlake Industrial Park, 2nd Addition. 78.342 'Motion was made by Zaun, seconded by Curry to approve .the site and building plan for :Supreme Tool. in Airlake Industrial Park, 2nd Addit©n on Lot 1, Block 3 sub-- ~ ect` to the driveway being relocated to, ~woi~d Avenue as soon as the: construe- tion of Haywood Avenue is completed. Roll call-was-taken on the mo ion. Ayes, Spande,'Lekson, Curry,. Zaun and .Nelson. 78..343 Motion was made by Curry, seconded by Zaun to approve the .building and site plan for Edney.Comgany on Lot. 1, Block 4_n Airlakex~~dustral Park, 2nd Addition sub- sect to the driveway onto ~15fh Street being replaced by a driveway onto Maywood Avenue when it is completed.: Roll call was°taken on the motion. Ayes, Leksc~n,:Curry Zaun., Nelson and Spande. 78.,344 Motion was made ~a}~ Nelson, seconded by Lekson to table the approval of a liquor iic~anse to Mr. Richard Lewis based upon ,his request. Rgll call was. taken on Che ~,otion.` Ayes, Curry, Zaun, Nelson, Spande 'and Lekson. The City;Council reviewed an agreement which would transfer the development agree- rnent responsibilities of Mrs., Weisner to Mr Glenn Klotz €or the Weisner's Addi- Lion. The Council. discussed,tha requ~.rements of Mrs. Weisner's :agreement ~on~ern- the improvement of TJpper 167tY? Street and the question of what to do with Langley. Avenue. 78.345 Motion was made ~by t~.eleon, seconded Zaun. to approve an agreement between: the executor `for Mrs. -~Tei.suer, Mr. Glenn: Klotz and the City of Lakeville, subject -to the Weisner attorney sfagning .the. agreement„ a~td Mr.; Klotz signing the a,~reement, and authorize the May©~ and City Clef~i~t® execute "it on behalf of the City o£ Lakeville. Roll call was.. taken"an the motion. ;Ayes, Zaun.;<~Nelson;._Spande, Lekson and Curry. 78.346 Motion was made bq Curry, seconded by Zaun to receive the report-from-the City Engineer on the costs for improving, Langley Avenue and Upper 167th Street. Roll: call was taken on the motion. Ayes', Nelson, Spande, Lekson., Curry and Zaun. The City Council discussed the appointments of citizens to serve on the Citizen Advisory 'Committee for the Vinland National .Center proposed project. 7$.347 Motion was made by Zaun, seconded by Spande to increase the size of the Citizen's Advisory Committee fromseven members to eight members. Roll call`was taken on -the ..motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson 78.,348 `Motion was made by Zaun, seconded by Spande to appoint Gary Wicks, Vic Kohlnhofer, Henry Rice, James Blanchard, Don Tatge, John Asmus, Pat Bresnahan and Bzian Vuc- inovich -to the Vinland National Center Citizen's-Advisory Committee. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun., Nelson aid. Spande: 78.349 -:Motion was made by Zaun, seconded_by Nelson to extend the Council meeting bepond the 10:30 adjournment time. Roll call was taken on ahe motion. 'Ayes, Curry, Zaun., Nelson, Spande and Lekson... ~3_ • • CITY OF LAKEVILLE"COUNCIL MEETING .TULY 17, 1978 78.350 Motion was made by Curry, seconded by Zaun to appoint Mr. Jeff Cramer to the Park and Recreation Committee to fill the vacancy of Nancy Hiemstra.' . , Roll call was. taken on the motion. Ayes, Zaun,'Nelson, Spande, Lekson and Curry.: 78.351 Mahon was made. by Cnrry~seconded ~sy Nelson to appoint Mr. Robert Nicholson to` the Natural Resource Co~ariittee to fill the vacancy of Nancy Jensen. Roll call was-takenp~s the.~aton. .Ayes, Nelson, Spande, Lekson, Curry and Zaun, 78:352 Motion was made byyS~ande, seconded by Zaun to reject the bids taken on the Trunk H$ghway 50 axad'175th Street utility project. Roll call was tatt.cn;ori the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. The City Admin~.stxatar discussed with tha Council the meeting held between the City staff and,.; a're~ office staff concerning the Grant fox the Orchard Lake sewer improvements.' ~It;is,recommended that the Council at this time delete from the proposed project tYte work:. in the I-35 area. The Council and staff,disc+ussed the financing alternatives presented by the. Engineer and Finance Director-for the proposed work on `the .Orchard :Lake trunk system. '78.353 Motion was made by .Curry, seconded by Zaun to proceed with the HUD Grant applica- tion basted on the financing arrangement .outlined in Alternate ~~Z for the proposed work with the exception of the area near I-3~. I Roll call was taken on the motion.. Ayes, Lekson, Curry Zaun, Nelson .and Spande. 78.354 Motion .was made by Curry, seconded by .Zaun to acknowledge receipt of the bike .trail petition. from. the Valley Park area through the Park .and Recreation Com- mittee. Ro11 call was takken on the motion. Ayes,. Curry, Zaun, 'Nelson, Spande and Lekson. The City Caunci.l reviewed the groposecl grant application for LAWCQN and LCMR Grant funds'n 1979. Mr. Michaud-was present and presented-the four parks where it is proposed the Grant funds would be spent if the City were successful in ac- quiring a grant. The Council was advised that the C y would have to pay `a mini- mum. of 25~ of the casts and ..possibly 5Ox of the cost. 'The Council reviewed,; the proposal from the Park and Recreation Director. 78.355 Motion-was made by Curry, seconded by Nelson to authorize and approve the staff to present a Grant application for improvements to the Orchard Lake Park and beach areas less items ~:1 of<Mr. Michaud's list for those parks. Roll call was 'taken. on the motion, Ayee, Zaun, Nelson, Spande, Lekson:and,Curry 78.,356 Motion was made by Curry, seconded: by Zaun to acknowledge receipt'of a~ letter from thee. Federal Flood `Insurance`Administration on the flood elevatiaria and data for he Citp o€ Lakeville under the recent-.flood insurance 'study and re- fer it to the Natural .Resource Committee for review. Roll call was taken on the motion.:. Ayes, Nelson, Spande,:.Lekson, Curry and Zaun.: At this. time Mayor Lekson read a Resolution statngthe City.'s position on the proposed Lac-Lavon park acquisition by Dakota County. 78.357 Motion: was made by Spande, seconded by Nelson to `adapt Resolution 78-48 stat- ing the City of Lakeville's'oppo~ition to this proposed. park. acquisition pro- jec`t. Roll call was taken on the motion. Ayes, Spande, Lekson,.: Curry, Zaun. and Ne sin. 78.358 M©tion was made: by Lekson, seconded by Zaun to receive a letterfrom the friends of Agnes .Green requesting that August 2 be designated by the City Council. as Agnes Green day in Lakeville, and designate August. Z.as Agnes Green day in Lakeville. Roll call was~taken'on the motion: Ayes, Lekson., Curry, Zaun, Nilson, and Spande. ..4_ L.. r °CITY QF'LAKEVILLE C©UNCIL MEETING JULY 17, 1978 78.359 Motion was made bq Curry, seconded by-Nelson to receive the Engineer's feast- ' bility report for. the utilities in the Airlake Industrial Park, 2nd Addition. Roll call was taken on the motion. :Ayes, Gurry, Zaun,`.Nelsen, Spande and Lekson. The Mayor directed the staff to place. on the August 7th agenda consideration of the assessment reports referred to in the State Auditor's report. 78.'360 Motion was made by Nelson, seconded by Lekson to adopt Resolution X78-49 desig- nating the City Administrator/clerk as the City's applicant for reimbursement funds for costs incurred by the City ,in training of the peace officer, Linda M. Gergen and Michael Server.: Roll call was taken on tYte motion.: Ayes, Nelson,'Spande, Lekson, Curry and Zaun: 78.361 Motion .was made by Zaun, s'ecended;b~ 5pande to ad3ourn the ;Council. meeting`. Ro11 call was. taken on the motion..'- Ages, Zaun,~ Nelson., Spande, Lekson and Curry. Time: 11`:30"P.M. ` Respectfully submitted, r ~ r Patrick E. .cGa vey, Cl ..orlon Lekasom yor -5-