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07-05-78
e a. ? . r ~ CITY OF LAKEVIhLE COUNCIL MEETING JULY 5, `178 The meeting was called to order by McPOr Lekson at 7x30 P.M. The pl+~dge of allegiance to the flag`was given, Ro1lcall.:was taken.; Present: Spande, Curry,. Zaun, Nelson and Mayor. Lekson. Also present: Patrick Farrell, City Attorney; Darrel Schneider, Consulting City Engineer; Patrick'McGarvey-,:City'Administrator/Clerk., 78.305 Motion was made by Zaun, seconded by Nelson to approve the minutes of the .Tune 19, 1978 Council. meeting withthe City Glerk to check the correction requested on June 19th in the June.. 5, 1978'Councilmeeting-minutes. Roll call was talon on the motion. Ayes,. Lekson, Curry..Zaun, Nelson and...Spande. 7$.306 Motion was made by Spande, se~rtded by Nelson to approve the claims,for payment. as presented, `~-th the exgeptiox~ '~~iat'; the Administrator check the p~y~ent to School f~~strict 19~ on ``the payment"for recreation brochures before :releasing the chuck . . . Roll call was taken on the mcation. Ayes, Curry, Zaun, Nelson, :Spande and Lekson. s J ~,r Sta€f repo~ts.~ 'Engineer. Mr. SFchnetd.er reported that, he had met with the County Engineer and Sete ~iighway Department gf,,;Transportation Engineers-on the prapased Highway 50, County Road 64 and Dodd ;Road intersection improvealent. He stated that... it was the cort~u~ of the E~gineezs ghat the. routing of County Road 64 be on the Freidge's' p~~~e~tp ::.and -that he w+c>uld be preparing a report on the .meeting. This item is to be on the July 17th Counclmeeting agenda. r 5,~.: Mr. Schneider repprtezi that 'he{ jai met` with the.Mana$ar of the Crown Cork and. Seal Companyplant in Lakeville concerning..theneed to divert., on atemporary :basis, their c~li.~ng,, :water into the storm drainage ditch to cut down the flow to`the Lakeville t~rea~~te plant.. Mr. Schneider stated that their recycling of their cooling waterMwil~. be accomplished by mid-August. according to the Plant Manager. Mr. Schneider reported- that the pre-construction meeting_wi11 be set for .July 6th on the 175th:-Street improvement project and'that the installation of the sewer and water project at the intersection of Highway 50 and 175th Street is probab•~.y dead fore: this time.. Attornep~s report. Mr. Farrell advised the Council he had `met with George Warweg;'the owner of two acres of property the Gity,would wish to acquire. to enlarge 'the Antlers Park parking lot. Mr. Farrell.. stated that the. owner believes the property is worth twice as much as what the Cty,apprassls pieced it at. The Council will have to make a decision on whether to.ac- quire the property through condemnation or delete the purchase from the pro j`ec t . Mr. Farrell advised the Council that there was a ten acre. parcel. of property approved fordivision into four 2~ acre lots by the City Council on May 15, 1972 located on he south s de of 175th 5t. The property is for sake,: and - the pros~peetive purchaser is questioning.whether or mot the City w~LShes'to have the road approved by the Council. in 1972 gravel or blacktop intb~w&~e:t the location_of the curb cut on the 175th St. Administrator's report. The Admnistrator!requested the Council ~.ppr©ve the closing of 207th Street on July 8th at the request of the Lalce~ville .ion's Club. 78.307' Motion wasmadeby Zaun, seconded by Curry to approve the closing of 207th Street on July 8th from 9:00 A.M. to 12 noon for_the Lakeville Lion.'a C~;ub to ceanduct the coca -chip throwing 'contest. , Roll call was .taken on the:.:motion. Ayes, Zau~s, PTelsan, Spande,- Lekso~t, -Garry. The Administrator reported that the Park Department arse h+~viug problem with .people-parking in the north ditch of ..County; Road 64 west Qf the: Antlers Park entr~?nce to avoid paying the parking fees in thesums~er. 78,308 Motion was made by Curry, seconded by Nelaoxa to approve and authorize t#~e' i~i$tallation of na parking siga4s by the County Highway Separttsent on County -1- ' ~ . CITY OF LAKEVILLE:COUNCIL MEETING'. JULY 5,:1978 Road 64 on he north side, from the Iredell Path to a point 600 feet;west_south west of the intersection with County Load 64. Ro11 call was taken on tge motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 78.309' Motion .:was mane by Zaun, seconded: by S~aan~testo accept with regret the.:resigna- tion of Nancy Hiemstra from'the Park and Recreation Committee. .Roll call was tsken on the... motion. Ayes, Lekson, Curry, Zaun, T~elson and Spande. 76.310 Motion was made by Zaun, conded by Curry to send a`letter to Nancy-Hiemstra expressing the Council's appreeiatiom for her service: on .the Ge?mmittee. Roll call was taken on the motion. Ayes,. Spande, Lekson Curry, Zaun. and Nelson. The Council decided to,;put on the July 17th agenda the appointment to the vacancy , on the Park aad'Recreation Committee. 78.311 N.fotion was made by Curry, seconded by Nelson to accep the `letter from Larry Hazel requesting a threemonth leave'of absence from the Planning Commission for business reasons. Roll call was taken on the motion. Ayes, Curry,` Zaun, Nelson, Spande'and Lekson. At th3~s.time Mager Lekson opened the'public''`hea"ring on the final application to the U. S. Department of Housing and Urban Development. for the Comffiunity Development black grant funds-.to improve the sanitary. sewer system. The City Clerk atteste"'d to the legai notic,~'~of the hearing. The City Council discussed the requirements in making the final application, especially the r-equirement ^fvr a'?`housi-ng assistance plan whiCl~ would imple~ient such a plan. .The Council directed the staff to provide any alternatives-for the City housing:. assistance: plan in ~pl~ace of ~rsir~g the Dakota County Housing and .Redevelopment Authorty's..housng ass~stanceplan. The City Administrator reported that the~n$219,Q00 grant would be applied o the improvements `to the Orchard Laks trunk sewer system. There°~were n:Q'cit~zens :pres~ntc~at the Cauncil~ meeting::wishing;ta.~spesk~.on the Grant application. nor the use of the Grantfunds,. 78.3iZ Motion was made by Zaun, seconded'by Spande the close the public. gearing., Ro11 call was taken on the motion. Ayes, Spande, Lekson, ~irry,. Zahn and Nelson. 78.313 Motion was made by Zaun, seconded. by Spandexto table until .the Aytgust 7,.1978 Council meeting c®nsideration of the Resolution. concerning: the pay to the Lake- vide Volunteer Fire Department-for services rendered,. to permit the Fire De- partmen.t Ge?mmittee of the Coens.cil to study ;end recommend az~ alternative method of payment. Roll call was taken o~n"the motion. Ayes.,. Lekson, Curry, Zaun,'Nelse~n and Spande. 78'.314 Motion was made by Spande, seconded by`2aun to approve Resolution X78-43 out- lih.?Lng the use of Utfli Trunk Fund revenues. Roll call,: was taken on the motion. Ages, Zaun, Nelso~a, Sp~:t~de, and L$ksan. Nays, Curry.: The Council discussed with Mr. Don Seliarber who is the license hp'Ider for the-. Sea Girt Inn the necessity for pro~eidng_effective policing of his premises and the garkn~ lot area. Mr. ScYtarber was present and stated that he would' do his best and that if he needed.~additional help he would eall'the Lakeville Police Department. The'Ghef of Police was present, and stated that he felt.. the situation had improved in the area.. The City Council reviewed a resolution implementing a $100 additional setoer connection charge°' o be paid to the City of Apple Valley for connections< tcs the santary;'setrer system tributary to the Apple Valley waste water trea~ttent -2- CITY OF LAKEVILLE COUNCIL MEETI~iG , .JULY-S, 1978 .plant.. The charge: is'necessar so that the diversion) Y of 850 connections in the City of` Apple Valley can be accomplished which will provide that many more connections for the two cities .until the new Empire treatment plant is complet- ed. The City Administrator explained that the Lakeville. fee would be collect- ed once the 1,100, connection ~s used up and would be ~.n effect until Apple Valley has .raised enough revenue to pay for the diversion project or the new Empire Treatment .plant is finished whichever occurs first. 78.315 Motion was made by Curry, seconded by Zaun to adopt. Resolution X78-44 imple- menting the $108 `sewer"connection~ charge as stated above. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry., 78.316 Motion was made by Zaun, seconded by Nelson ,to receive the mir~ntes of the Advisory Committee meetings,' Ro11 call was. taken on 'the motion., Ayes, Nelson, Spande, Lekson, Curry and Zaun.` 78.317 Motion was made by Zaun,, seconded'by Curry to approve a variance as recommended by the Planning Commission to Rich$rd Lewis to build _a garage below grade at 11180 164th Streeti Roll call was taken onthe'~mc~tion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. Mr. Robert Peterson was present to present his plat known as Sanasha.Knolls. Mr. Peterson stated that he is requesting the City to assume the responsibility .for maintenance on the s-ewer and. water line°from Ionia_Patfi to _a point in front of the seven. unit building. The-Developer, staff and Council discussed the policy involved with the City acceptance of a line. under a private drive of .:.this nature:... 78.318 Motion was made by Curry, seconded by Zaun to approve the preliminary'plat_of Sanasha Knolls with utilities lines under the private drive to the seven dwell- ing unit: building to be private and the responsibility:of the property owner. Roll call was taken on the motion. Ayes., Lekson, Curry, Zaun, Nelson and Spande. Thee City Council reviewed the preliminary plat known as Highview Estates which.. was the-.former Woodbury Addition,.. 2nd Addition. 78.319 Motion was made by Zaun, seconded by Curry to approve the preliminary plat ®f J'and P.Development for Hghview Estates Addition. Roll call was taken on the motion.: Ayes, Curry, Zaun, Nelson, Spande and:.Lekson. 78.3ZQ Motion was made by Nelson, seconded by Zaun to grant's conditional use permit for a period of one year from: May 1, 1978 to May; 1, 1979 to.Mr. Gerald Tober- man to operate a,mobile home sales lot on the Wren property with the same con- dtions as existed on the previous permit. Roll call was taken on the mot~.on. Ayes, Zaun, Nelson, Spande, Lekson and Curry. The City Council discussed the `request of Hitchcock Industries to have the City.. Engineer prepare a preliminary report and e~entua.lly have the City install rani- tart' sewer and water in Airlake 2nd Addition plat and assess the cost to the property. The CouncfT and .:staff discussed the problem with getting a;-,permit from the Minnesota PCA to install sewer lines until such time as the new Empire Treatment Plana is on line. 78.321 Motion was made by Zaun, seconded by Nelson._to authorize the City Engineer to prepare a preliminary report of the Afrlake 2nd Addition utilities and author-' ize-the City Attorney to prepare a.Developer Agreement between Hitchcock In- dustries and .the .City of Lakeville. Roll call was taken on the motion. Ayes, Nelson,':Spande, Lekson,, Curry and Zaun. 78.322 Motion w s made by Spande, seconded by Zaun to table until:. the July 17th Council meeting ppointmentS to :.the Vinland National `Center Citizen's ,Advisory Com~atee. Roll cal was taken on the motion.: Ayes,. Spande, Lekson, Curry, Zaun and Nelson. _ 3 - - . i • CITY' OF LAKEVILLE COUNCIL MEETING" :JULY 5, T978 78.323 Ms~tion was made by Spande, seconded by Zaun to table consideration of the_- septic system ordinance until the Na ural Resource Committee has had time'to review it .with the Plumbing:Inspectpr. Rolle call was taken on'the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande;. The City Attorney advised the Council that the State of Minnesota should be adopt- ing the 1976 Edition of the Uniform. Building Code as the new State Building .Code by the end of July. He recommended the Council.: not take any action concerning- adopting the Code by reference until the State has legally.-placed the 1976 Code into effect." 78.324 Motion was: made by Spande, seconded by Zaun to table until..the August 7, 1978 Council meeting adoption of an ordinance which would adopt by reference the 19.76 Uniform Building Code-State $ui~.dng;Code and other instruction ..Codes., .with the City Ins~,ectQrs`to make recommendations on the various Codes to the. Council where the City has discretion in adoption of a Cade. Roll call was taken on the motion. .Ayes, Curry, Zaun, Nelson, Spande and Lekson. 7$.325 Motion was made by Nelson, seconded by Spande to adopt Ordinance ~~121 regulat- ing the sale of cigarettes. Ro11 call was taken on the m©tion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. Other business.' At this time,Mr. Azt Rasmussen addressed the Council concerning water and erosion from the GedaY Highlands Development which is across his pro- petty near lb7th Street. Mr. Robinette stated that the Developer and his contractor-had. taken steps to minimize and control the erosion andthat..with the recent heavy rains there .was no doubt some high water with silt. -The staff"was directed`to contact the developer and their construction company to take additional .steps in controlling"therunoff in the future. 78.326.' Motion was. made ,by Curry, seconded by Lekson to approve the schedule`c~f meetings with the Planning Commission to review the. preliminary draft of the Comprehen- sive Development Plan with theefirst meeting to be on July 12, 1978 beginning at 7:30'P.M. with the meeting. to end na later than 9c30 P'.M. Roll call ,was, taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. The City Council Public Works Committee set a meeting for July 19th at 5:34 P.M. 78.327 Motion was made by Spande, seconded by Zap to adjourn the Council meeting. Roll call. was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun;: and Nelson. .:.Time: 10:38 P.M. Respectfully submitted, c r Patrick E McGarvey,; Ci. Clerk rdon Lekson, Mayor.. ~ ~ ~ • lT, 1978 Ma~eq to ~SLy Clerk, ?layor +~unei Coanrt~.1. A+f a ~ to ~Laat?wi+t of dn7}y 197 City, of Laks~rll~r Com~sil ~ar~ rterti. 7~.311? Fes: I~bRrianna Cnrrg, Laks~ri.lls GiLy Go~+d.l I~r x~eraaons for eoting against flea abcr» asea~et aatitx~ ears in tast tlaarly st~stnd c~ duly 5, hs~t ks~ree vsa~tsa'W.y 3atb opt of tbsss aia. ~ssh to aaanad tact srlnate~s ~~laar ~ot~.on T~.33.1c ri.th tins a tr3.on as tolle~a: Carry sxplai.ne~ t~°t area oppns:ms ~ ~i~~t~, firw~k as stag r itaamr n 2 and 7 sontaa?# in aol.ati.cn 7~-~3, ~r1~3.s~ trv itaxs gatkoriace? t~ t:ae~ ~?t Uta.~.i.t~ ~ru~ ~sn~ a~ to eceferoe~tt for t~a? p~rskasat Qt a~i.t~•~rie3e~ ar°eea tagograp~isal saps €areis ~y cs~f,~, ~n t~ ta~.l of 1975. 1a~ a~?ta~l tit nay vote is ~?aeie~ e3n r fcallor~rig cyaa~i~as s 1. Tl~e statee aad3.t of e~ty Sins~asial ranorda ~ 1^ers+t3va~e~ in 3 1975 ep~xgl~.s~.~.y sita.toa on pagers 5, ~a, 7 t~~ t~ aaa gat 3t3.1it~ 2rmnk ~a~ trs acnr+sr a ~53,27~. sa~sndit~a°s for arm tog~rap.ss1 maps oar by Dark ~ ~rtsrl tads ~;na. ~.s rvpsr al~oa~.~ paid a~?t eft t~ t~snaral F'xmd. Cs Bows t~tt t~eE e~xea3.~a~.~re' ?oss of t~ U~lit~ ~rrtilc ~'Mned is to Pg~ for aaxLitart s~eevesr ane~ eater deer aa~rview. 3. ~ pu~poser of arm :,~~gra cps, 3n ~r ~~vn, is aasist e~evs2~ee ~i. agprc~pr~°a?te yeilo nt of the as a gon~eral #?ooI to arrod stern +traro prohleass to aa~st fih+r a~.ty in Platwiag strata ane~ ebvel. t sia tua3a~istsnt sites tea lad at tea ~.~i. 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