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HomeMy WebLinkAbout02-07-77 t• + • CITY OIL ZAKEVILLE COUNCIL MEETING FEBRUARY 7, 1977 The meeting was called to_ord.er by Mayor Mako at 8:05 P.M. Pledge of allegiance to the flag was given. Roll call was taken. .Present: Emond, Mako, Curry, Zaun and Clarkson. Also pre- sent: Pat Farrell, City Attorney; Robert Rosene, Consulting City Engineer; Dennis Feller, Finance Director; James Robinette, Public Works Director; P&tr.ck McGarvey, City Administrator~Clerk. .77.44 Motion was made by Zaun, seconded by Curry to ..approve the minutes of the January 17,`1977 Council meeting. Roll call was taken on the motion.. .Ayes, Mako, Curry, Zaun, Clarkson and Emond. 77.45 Motion was made by Curry, seconded by Zaun to approve the minutes of the Special Council meeting of January 25, 1977. Ro11, call was taken on the motion. Ayes, Curry, Zaun, Emond and Mako. Abstain- ng, Clarkson. 77.46 Mohan was made by Zaun, seconded by Emond to approve the minutes of the Special Gauneil meeting of February 1, 1977. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. ,:x.47 Motion was made by Emond, seconded by Curry to approve the claims against the City as presented. Roll call was taken on the motion.. .Ayes, Clarkson, Emond, Mako, Curry and Zaun. Staff reports. Pat Farrell reported on the sale by the Trustee'of the Harry S. Johnson building which was financed by Industrial Revenue bonds.' Mr. Farrell recommended that Council adopt a Resolution approving the sale by the Trustee. 77.48 Motion was:made by Emond., seconded by Zaun to adapt Resolution X77-10 approving the'sale of the Harry S. Johnson building. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Mr-Farrell informed the Council of a hearingat the State .Legislature for a House Committee an the bridge problem over the Minnesota River valley set for February 9, 1977 and advised the Council that someone representing the City shoo d be present to lend support to solving this problem. .77.49 Motion was made by Mako, seconded by Zaun to appoint Marianne Curry and/or Duane Zaun to speak far the-City at the hearing'on the bridge problem. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Mr. Rosene reported on the status of the Orchard Lake 1976 Phase I utility pro- ject. The second reading of the new Excavating and Gravel Pit Ordinance was held and the Mayor requested if there was anyone .present wishing to speak on the Ordinance '~om'the audience. The. was noone present wishing to speak. 77.50 Motion was made`by Mako, seconded by Curry to adopt Ordinance X104, regulating the excavating and gravel pit operations. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond,~~Mako-and Curry_ The second reading of the Ordinance establishing Industrial User Strength Charge was held. .77..51 Motion was made by Curry, seconded by Zaun to adopt Ordinance ~1D5 Establishing Industrial User ..Strength Charge for. sewage treatment. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and ZauA. CITY OF LAk~LLE COUNCIL MEETING FE$RUARY 7, 1977 .52 Motion was made by Emond, seconded by Zaun to receive the Planning Commission minutes of January 20, 1977. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.53 Motion was made by Curry, seconded by Zaun to approve the Joint Power Agreement between the City of Lakeville and the Metropolitan L7aste Control Commission concerning industrial user strength charge. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. The City Administrator read the recommendations received from the Planning Commission concerning the request for a rezoning, variance, site plan approval from Brad 3ohnson for his 10 unit apartment building. The Mayor called on Mr. Johnson to present his plans and reasons for his various requests. Mr. Johnson explained that the financing for the i0 unit complex had been arranged and that the plans had been prepared for that particular size building. "He also explained that the building would be set in Tine with an existing building located to the south in regard to the distance from the east property line. Mr. Johnson stated he felt that the access to and from 209th Street at the north of the complex would be beneficial for Police and Fire serviee,as well as the tenants. The City Council and staff discussed the various requests and the recommenda- Botts'of the Planning Commission, developer, and past approvals on this par- titular apartment complex. 77.54 Motion was made by Curry, seconded by Emond to adopt an Ordinance rezoning this parcel from B-4 to R-3C as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond. and Mako. Discussion on the side yard variance indicated that-the 20 foot drainage ease- ment that existed on the property to the east of Mr. Johnson's which, when combined .with the 10 foot side yard set back, would provide a 30 foot wide open area behind the building. 77.55 Motion was made by Emond, seconded by Curry to grant the side yard variance by adopting Resolution ~~77-6. Roll call was aken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. Because of the existing buildings in,r~r.,,~ohnson's apartment complex having re- ceived variances in the past on'lot size and the fact that the largest number of his tenants are Senior Citizens``t, the concenstts of the ,Council was that a variance in the lot size was warranted. 77.56 Motion was made by Zaun, seconded by Curry to adopt Resolution 77-7 granting a lot size variance to allow the construction of the 10 unit apartment build- ing, as proposed. Roll call was taken on the motion.. Ayes, Clarkson, Emond., 3~':ako, Curry and Zaun. Mrs. Curry stated that she supported; the aide }~a~rd variance because of the drainage easement existing on the property east of the complex, and felt access should be granted on 209th Street for Police and Fire safety reasons. .77.57 Motion was made by Curry, seconded by Emond to approve the site plan with acres granted on 209th Street .for Police and Fire safety subject to_the developer' presenting ttt the City staff a landscaping and screening plan satisfactory to the City,` aad improving the drainage and part of a lot of one of the neighbors to the complex. Roll call was taken on the motion. .Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.58 Motion was made by Zaun, seconded by Mako to receive the Planning Commission minutes of February 3, 1977. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson. and Emond. The building plans far Northwest Bituminous to replace the building lost-'in a -2- it • CITY OF h~~LLE COUNCIL MEETING FEBRUARY 7, 1977 recent fire were reviewed by the Council. 77.59 Motion was made by Emond, seconded by Zaun to approve the building plans for Northwest Bituminous to construct a 60 x 80 foot building as per the plans presented. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. 77.60 Motion was made by Curry, seconded by Emond to approve a written statement from the City in response to the preliminary Metropolitan Systems Statement received by the City and authorize the transmittal to the Metropolitan Council. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.61 Motion was made by Mako, seconded by Zaun to receive the Park and Recreation Committee minutes of February 2, 1977 and January 19, 1977. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.62 Motion was made by Curry, seconded by Zaun to request the Park and Recreation Committee to look into the financing alternatives for the construction of trails in the community and to request the Chairman of the Cortmiittee to attend the February 22 Council meeting to discuss the"status of the trail system. Ro11 call was taken on the notion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. :7.63 Motion was made by Emond, seconded by Zaun to direct the staff to investigate the: parking on Minnreg Road and in Ritter Park. .Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. Item 15 - Receive Youth Advisory Committe meeting of January 18th was tabled as they were not available. The City Council reviewed the list of citizens who have expressed interest in serving on the Natural Resources Committee and"decided to interview the citizens begnnag at 4:00 P.M', on February 9, 1977:. Mr. Dennis Feller.,. Finance Director,_presented the preliminary Liquor Store financial report `f or `1976 and reviewed it with the Council. Mayor Mako commended Mr.-Feher on the report. ''7.64 Motion was made by Curry,,.seconded by Zaun to receive the preliminary Liguor Store financial report for. the year 1976. Roll c-all was taken on the motion. Ayes, Curry,' Zaun, Clarkson, Emond and Mako. The City Council reviewed the-taritten Pur~hasing;Policy prepared by the staff. ,.7.65 Motion was made by Curry, seconded by Emond to adopt the written policy on making purchases. Roll call was taken on the motion.' Ayes, Zaun, Clarkson, Emond, Mako and. Curry.. 77.66 Motion was made by Curry, seconded by Zaun to receive the proposed 1977 sewer and water utility. budget and refer it to t1~e Public Works Co~nittee for review - and recommendation. Roll call`was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.67 Motion was made by Zaun, seconded by 'Curry. to approve the letter written by the City Administrator in response to a letter received from T',r. Daugherty of the Metropolitan Waste'Gontrol Commission dated January 14, 1977 concerning the charges to the City from the M. W. C.~C. in 1975, 1976, and 1977. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. The City Administrator recommended to the Council that the Council authorize the Engineering Consultant to proceed on the Sewer System Evaluation Survey for which the City is receiving a grant from the E.P.A. through the Metropoli- tan Waste Control Commission. - -3_ ~ ~ ~ ~ - CITY OF LAKEVILLE COUNCIL MEETII+IG 77.68 Motion was made by Mako, seconded by Emond to authorize Br~nestroo, Rosene, Anderlik and Associates to proceed on the Sewer System Evaluation Survey. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. The Council reviewed the report from the City staff on policies for conserving energy in City buildings and making improvements to conserve energy. 71.69 Motion was made by Emond, seconded by Zaun to adopt the policies and approve the recommended improvements in the various City buildings as autlined in the report. Roll call was taken on the motian. Ayes, Zaun, Clarkson, Emond, Mako and Curry. The City'Gouncil reviewed the report from the Gity Administrator on the cost of publishing Council minutes in the official newspaper. An estimate on what the costs would have been in the Dakota County Tribune and the Lakeville Times for the year 1976 was presented. The Council discussed the matter and the consensus was that because no funds had been budgeted in the 1977 budget for publishing the Council meeting minutes, the matter should be proposed in the 1978 budget for consideration and possible approval. Item ~~4-concerning the approval of classification of a list of tax forfeited lands was tabled on the advice of the City Attorney. .70 Motion was made by Mako, seconded by Curry to adopt Resolution X77-8 setting various City salaries and benefits for City employees. The Council discussed some of the salaries contained therein and Councilman Zaun stated that he felt the City should analyze the need for a merit pay plan in the-.future. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. ?7.71 Motion was made by Emond, seconded by Zaun to set the salary of the Administra- tor at $24,450 for.. 1977. Roll call was taken on the motion. Ades, Emond, Mako, Curry, Zaun and Clarkson. X7.72 Motion was shade by Curry, seconded by Zaun to extend the Council meeting beyond 11:00 P.M. adjournment time. Roll call was taken on the motion.., Ayes, Ma`ko,,CuYry, Zaun, Clarkson, Errand. .73 Motion 'was made bq Mako, seconded by Zaun to authorize the installation of a street light at 175th and Kodiak. Roll call was taken on the.. motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Report on the format of the ambulance operating and financial 'report was tabled awaiting response from Apple Valley and Farmington. Other items added to the Council agenda.. 17.74 Motion was made by Clarkson, seconded by Zaun to adopt Resolution 77-9 ze- questing that the Gity of Lakeville be placed in the;MetrQpolitan Council ` District which includes the rest of Dakota County, District x`15. Roll call was taken on the motion. Ayes, Zaun, Glarkson, Emond, Mako and Curry. The Council discussed the meeting scheduled for February 10th i.n Burnsville concerning the highway bridge crossings of the Minnesota River valley and decided to have a letter sent from the Mayor on that meeting stating the City's concern on this problem. Mayor Mako advised the Council that Schmidt,pxoperty on the north boundary of the Liquor Store parking lot was for sale. The Council discussed whether or not the City should investigate the possibility of purchasing this pro- ~7.75 petty. A motion was made by Zaun, seconded by Clarkson that the Liquor Stare Committee investigate the purchase of the Schmidt property. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, and Zaun. Nays, Curry. • -4- 1 ~ CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 7, 1977 77.76 Motion was made by Emond, seconded by Curry to table the approval of a license for the Chart House to have a bingo event until the City Attorney can fnvesti- gate the request. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. A discussion on the proposed request to send a letter to the Chamber of Coerce to establish a volunteer recognition program was tabled. Mayo~e Mako announced that a special award program was set for 7:15 on Tuesday, February 22, 1977 for citizens who have served on various City advisory committees to the City Council since 1975. 77.77 Motion was made by Emond, seconded by Curry to approve payment to Todd Chevrolet for 3 new police cars in the amount of $12,630. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.78 Motion was made by Emond, seconded by Curry to approve a beer license for the Orchard Lake Tavern. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. X7.79 Motion was made by Emond, seconded by Curry to receive a claim from Lloyd's Cafe 'f or alleged sewer backup that caused damage to his business property and refer it to the Public [~TOrks Director for his recommendation. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. 77.80 Motion was made by Emond, seconded by Zaun to adjourn the Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Time: 11:30 P.M. Respectfully submitted, s ~ ~ ~ ~ Patrick E. McGa ey, City erk Edward J. Mako, ayor