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12-05-77
~1 - • CITY OF LAKEVILLE GOUNGIL MEETING DECEMBER 5,`1977 The. meeting .was called to order at 8:`OO P.M. by Mayor Mako. The'flag pledge was givem. :Roll call was taken. Present: Emond, Mako,t Curry and Zaun. Absent: Clarkson. Also present': Patrick f~cCarvey, City Administrator/clerk; Patrick Farrell,::. City Attorney;. Darrell Schneider, Consulting,Ciay Engineer; James Robinette, Public Works Director. , 77.611 Motc~n`was made'by Zaun; seconded by -Hmond to approve the minutes of the Novem- ber 21, 1977 Council meeting. Roll call was taken on the motion:` Ayes, Mako., Gurry, Zaun and Emond, 77.612 Motion was made by Emond, seconded by Gurry to approve the minutes of the Novem ber 28, 1977 .Special Council meeting. - ::.Roll call`was taken. on the motion. Ayes, Curry, 7.aun, Emond and Mako. At this time Councilman Clarkson arrived-and took his chair'. '77.613 Motion was made by Emond, seconded by Zaun to approve the claims for payment as presented. Roll call was taken."on the motion. Ayes, Zaun, Clarkson, Etnond, Mako and Curry. Staff reports:.. :The City Administrator: advised. the Council. that under the State law imposing:: a 2% tax on On-Sale liquor to support the new Stadium Commission,'that non- payment-of the tax could:be subject to penalty which would be in the form of a percentage of the tax due. Mr. Farrell recommended that the Council pay the tax under .protest which would .preserve the City's legal ,rights. 77.614 Motion was made by Curry, seconded by `Zaun to approve ,the payment `of the 2% liquor tax with a letter of protest. Roll call was taken on the motion. `Ayes, Clarkson, Emond, Mako, Curry and Zaun. Mr. Darrell Schneider reported on the progress being ;made on the Redevelopment of Well ~~4'. He recommended that an increase in the contract. with -Keys. Well Drilling be approved now 'that the pump .and shaft have been removed and an exact itemization of the repairs needed can be made. `The revised contract would.. be for $13,58.50 as compared to the original contract of $12,922. 77.615 Motion was made.: by Emond;- seconded by Curry to approve an increase in the Keys We1I Drilling contract for Redevelopmentof Well ¢64 in the amount of $586..50, for anew contract :price of $13,508.50.; Ro11 call`was taken on the motion. Ayes, Emond,. Mako, Gurry, Zaun. and .Clarkson. Mr. Schneider reported on the status of the Lakeville Hills and Jackson Heights street improvement-project and recommended that the Council approve pay request 4~2 to Minnesota Valley surfacing in the amount of $47,995.46. 77.616 Motion was'made by Curry,-seconded by Zaun to-approve pay request•~~2 to Minne- sota Valley Surfacing in he amount of '$47,9.95.46. ..Rolf. call was taken on the motion. Ayes, Mako, .Curry, 7.'aun Clarkson and Emond. At this tithe Mr : Kenneth, Anderson, ,Executive Director of ` the Viniar~d National Center project addressedrcthe Council`concerni`ng'the.project and concept involved. Mr. Anderson stated that some 30 sites.. had been under consideration and that the Board had.narrowed'the sites down to six at the present ime. He stated that it`was hoped construction'cauld begin in `1978 and that operations can begin in 1980 for the center which'•wonld 'serve 'the handicapped. He stated that one of the sites under consideration is in Ritter Park. Mr. Anderson, GityCouncil, staff°and citzerzs;discussed the project. Mayor Mako stated that he wanted to publicly ..thank: Mrs. Curry°for her effort in -1_ • CITY OF LAKEVILLE COUNCIL MEETING DEC~TMIBER 5, 1977: getting thin. project before Lakeville:: It was decided that the council would -meet informally with Mr. Anderson at 4:00 P.M. on Friday, December 9th in the Council `Chambers to further discuss the project and the potential involvement of the City of Lakeville. 77.617 Motion was made by Emond, seconded by Zaun to receive the minutes, o£ the Decem-. ber 1, 1977 Planning Commission meeting,... Roll callw~s taken on the motion. Ayes, Curry, Zaun,"Clarkson., Emond and Mako. 77.618 Motion was made by Curry,-seconded 'by _Emond to renew the ,Special Home; Occupation permit for Mrs. Julianne Palm to teach dancing lessons. at 16462 Genesee court, for three years. Rolf call was taken on the :motion. Ayes, Z,aun, Clarkson, Emond, Mako and curry. Thee City Council .reviewed the site-plans for the enlargement of the St. John's Lutheran Church. The site plan included the removal 'of one.hou eon the 'Church property, making the exit off of Highway 5~ one-way and putting screening on the. east side of the Church property. Representatives of the Church .were pre- sent and agreed to'the three above, conditions. 77.619 Motion was made by Emond, seconded by Clarkson to`apgrove a variance for the enlargement of St, John's Lutheran Church subject o'the three above condi- tions.beng met, and authorize the Building Inspector to-issue a building permit. Roll .call was taken on the emotion. Ayes, Clarkson, Emond, Mako,,Curry'and.7aun. At this time Mr. David Licht, the City's Planning`Consultant from Midwest..Planning arrived.`at the. meeting. 77.-620.. Motion was made by Zaun, seconded by Curry to approve 'the construction of anew home by Ross Bassett for Bassett's 2nd Addition, Block'4, Lot 3,;19131 June le View . G,_ Roll call was. taken on the.motion.~ Ayes, Emond, Mako, Curry, Zaun and Clarkson. At this time Councilman:-elect Jerry Spande who was in the audience addressed the Council and indicated that. the Planning.Commissionhadrecommended that on future b~l~w'~rade lot requests,the applicant show the sewer invert ele-' vation and the~basemen't elevation as a part of City policy. The. City;. Administrator read the Ordinance amending.Ordinance 42, the'Zoning: Ordinance, Section 4.32 which-would provide for a minimum lot. size of five acres where there is no public sanitary :sewer. The City Cou~icl directed that the words "for future utility" be added under paragraph (b) of ,Sect,ion 2. The Ordinance-was to be-placed' on the December 19,, 1977 Council meeting for a second reading. and ad~p~ions' At this time-the City Council discussed the proposed street lighting project in the Valley Park area. and the need for additional revenue to .cover the cost of energy. and maintenance,on,street lighting in the City. 77.621 Motion was made by Curry, seconded by-Emond: to table a decision on. the proposed Valley Park street .lighting ,project to January 16, 1978.: Council meeting. Councilman Emond stated; that the real question is how is the City going to ,pay the:'on-going, costs of street bighting. Councilman ,Clarkson stated that this project was the City Council's responsi- bilty to come up with those:.answers. Marianne Curry stated that the Council did_make-a decision. by not budgeting ,the $30,000 or more in the '1978 City bud- get'for street lighting energy and maintenance costs. -:Thereby the Council did make'a decision in a sense, and that significant added street lighting costs would have to: be raised; by charging the benefitted property. owners for it At this time Mayor Mako called 'the question. -2- - • ~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 5, 1977 Roll call was taken on the motion.. Ayes', Mako, Curry, Zaun anc~ Emond. Nays, Clarkson. The .City Administrator presented the agreement between the four communities and..: Smith Ambulance for ambulance service beginning January-1, 1978: The Admnistrator..`advised the Councilthaf the company had requested the word= ing, 90% of the time, be added at the end of paragraph 3 on page-2 of the ......agreement . "77.622 Motion was_made by ,Emond, seconded by Curry to<approve the`agreement as drafted with the addition of the wording; 90% of the time, being added at the end of paragraph 3 on pager2 as requested by Smith Ambulance.'' The Council discussed the response time. Marianne Curry. called the question. Rolle call was. taken on-the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako... At this time the Council took up .consideration of the reques ed wine license to :the ble Piper Inn at 36604 Cedar Avenue S A4r. Don Fanum addressed the Council and complained about the poor condition of the ,'fence along the. east side of the property. He stated he has raised complaints many times and that the wood fence. is very easily climbed over and wrecked by children in .'the area. Members of the Council stated that they had also received calls regard- ing_ he fence condition:. The City~~Admivstrator also advised the Council that the investigation of the applicant had `.shown thatthe`owner of !the property had-not paid the second half taxes for 1977 and that the license could not be issued until the taxes have been paid. 77.$23 Motion was made by Curry, seconded by Emond to approve.'the wine license for the Ole. Piper Inn subject_to proof of .payment of he property taxes on the .building by the. owner. Roll call was taken on the-motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry: 77.6'24 Motion was made by Clarkson, seconded by Curry to direct the staff to take ac- tion concerning the fence problem'on his property and the parking problem whereby the customers drive across the ditch on Cedar Avenue from the parking lot. Roll call was aken on the moti©n. Ayes, Clarkson, Emond, Mako, Curry and 7aun. The City Administrator advised the Council that the first reading of an ordin- ance setting forth requrements,rand conditions for connecting to and using the City sewer and water system be tabled until early 1978 when the water study is more complete. 77.625 Motion was made b~ Clarkson, seconded by Curry to table action on the proposed ordinance until X978 when tle'water,system study is more complete. Ro11 call was taken on the motion. Ayes., Emond, Mako, Curry, Zaun and Clarkson. ,,,v The City;Admnistratof read ~n ordinance which would set forth the various zon- ng districts .for the Dal~ota`Heights 7th Addition., and e~plaine_d that:a Resolu- tion had been adopted-in 1975 app~rovzng`,the~rezoning but that the zoning map at the end of the year was `not p~rlr~ted=` in `the paper. Therefore, it was felt than an ordinance would; eliminate tt~e need f'or printing the map-and be amore effective way of handling rezoniz~gs now and in the future. The second reading of the ordi;nartce was directed to be placed on the December 19,:1977 Council meeting agenda for reading and approval. 77.$26 Motion was made by Emond, seconded by Curry tb approve a list of lots as non- conservation. in classification as-recommended by the Dakota County Board of Commissioners.: Roll call was taken. on the motion. Ayes, Mako, Curry, faun, Clarkson and Emond. -3_ v Y ~ CITY OF LAKEVILLE COUNCIL-MEETING AECEMBER 5, 1977 The City Council reviewed the proposed new`Subdivision Ordinance establishing regulations for the subdivision and development of land in the City of_Lakeville. A discussion was held on some wording changes in the ordinance. The Council directed the second reading and adoption of the ordinance be placed on the December 19, 1977 Council meeting agenda. The..Counc'i1 discussed, the Comprehensive Policy Plan with Mr. Licht and-decided to place it on an early .1978 .agenda for .final. review and. official acceptance. 77.627 Motion. was made by Zaun, seconded by Curry_to receive the Comprehensive Policy Plan as now dra€tedwith the amendments. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. The City Administ-rator,stated the Council. had received letters from the Engineer-. ing Consultants concerning project inspections and that the projects would be placed on the December 19th agenda for future review and action by 'the Coucncil. The:City~Administrator presented the Labor Contract with Teamsters Local 320 for the Lakeville Police Department for the years 1978: and 1979. The Adminis- trator recommended the Council approve the contract subject to the Business Agent and Union Steward sign-the contracts. 77.628 Motion was made by Zaun, seconded by Curry to approve the Labor Contract with Teamsters Local 320 for the years 1978 and 1979 subject to receipt of the signed contracts from the Union's Business Agent and Union Steward.. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. ':77.629 Mo"tion was made"by'Maka; aeconded by Curry.. to adopt Resolution ~,~77-74 setting the regular hourly rate'for the regular full time:. employees in the streets, utilities and parks departments for 197.8, and°adopting,the vacation schedule for 1978 and an injury on duty. pay policy.,.. a Ro11 call was taken can the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. The City Administrator presented a drawing"of the new City decal which is based on the decal recently prepared `for and .adopted by the Lakeville Chamber of Commerce. - - r - .77.630 Motion was made';b~r'Curry.:.seconded;by Zaun to approve the new decal and have.: the "staff use t ~aYre~re~ appropriate.` Roll call-.was taken on 'tY~~ :ir?otion.; -~#~~es, Emond, I'~Iako, Curry:, Zaun:. and Clarkson. 77.631 -Motion was made by 'Emond, seconded. by Clarkson to receive the proposed 1978 utility budget.. Roll ..call was taken on the motion. Ayes, Mako, Curry,-Zaun, Clarkson, .and Emond. 77.632 Motion was made by Curry,. seconded by Zaun to approve an agreement fora State grant fore outdoor athletic court development and.authorize the Clerk and Mayor to execute it. Ro11 call was taken on the motion. Ayes, Curry, Zaun, Emond and Mako. Nays, Clarkson. 77-.633 Motion was made by Zaun, seconded by Emond to receive a letter from Nancy Jensen being her resignation from the Natural Resources. Committee, with"regrets. Roll call was taken on the motion. Ayes,. Zaun, Clarkson,;Et~aond, Mako and Curry. 77.634 Motion was made by Mako, seconded by Zaun to approve attendance-of Council members at the.: Growth Management Conference in the. Twin Cities and pay the registration fee of $30'per person. Roll call. was taken. on the motion. Ayea; Clarkston,.Emond, Mako, Curry and Zaun. -4. t~` a ~ • CITX OF LAKEUILLE COU~tCIL MEETING DECEMBER 5, 1977 77.635 Motion was made by Clarkson, econded by Zaun-to adjourn the Council meeting. Roll call-was taken on the mo ion.' Ayes, Emond, Mako, Curry, Zaun and Clarkson. Time: 1:45 P.M. Respectfully submitted, ~ ~ Patrick E. McGarvey,;C' y,Glerk Edward J. Mako, M r . -5-