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HomeMy WebLinkAbout07-19-76 CITY OF LAKEVILZLr COUNCIL MEETING JULY 19, 1976 The meeting was called to order by Mayor Mako at 8:00 P.M. The pledge of allegiance to the flag was held. Roll call was taken. Present: Emond, Mako, Curry, Zaun, Clarkson. Also present: Patrick McGarvey, City Administrator, Robert Rosene, Consulting Engineer, and Roger Knutson,.City Attorney. A large number of citizens were present concerning the increase. in sanitary sewer rates and the Mayor moved the meeting outside of the Council Chambers . to accommodate the large number present. .Mayor Mako then explained how and why the new .sewer rates were established .and why there was. large-.increases in many of the single family homeowners sewer bills as compared to past bills. The main reason was that the City had ceased billing the sewer... charges based on the first quarter water consumption and had changed to billing sewer charges based on actual water consumption each quarter, with a descending rate schedule fore the second. and third quarters. Because of the large amount of water used the second quarter of 1976 as a result of the dry weather, manq homeowners received high sewer bills. In addition, the sewer rate was .increased from 45~ per 1,000 gallons to 70~ per 1,000 gallons as per a Resolution adopted on April 5, 1976. The Mayor then outlined tahat the Council in ended to do to change the City rate structure. The Mayor reported that the Public Works Committee of the Council would meet and make a recommendation in time for the August 16th Council meeting on changing the sewer rate structure and arrange to elimin- ate the problem of very high rates to single-family homeowners who use - large quantities of water on their lawns. The Mayor stated that the re- commendation would be published in the local newspapers prior to the August 16th Council meeting. The Mayor then entertained. questions from those present and the Council and staff attempted to provide answers. After an hours discussion the Mayor stated that the subject would be taken up at the August 16th meet- ing and invited those present to attend that meeting. 76.353 8 Motion was made by Curry, seconded by Zaun to approve the Council minutes of July 6, 1976. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson.. 76.354 6 Motion was made by Curry, seconded by Zaun to place on the August 2 agenda the .question of extending sewer on Judicial Road north of 168th .Street. Roll call-was taken on-the motion. Ayes, Emond,'-Mako, Curry, Zaun and. Clarkson. 76.355 g Motion was made by Curry, seconded by Zaun to approve assessment abate- ments as recommended bythe-Dakota County Assessors office on pagel of the list provided by the County Assessor. Roll call was taken on the motion.. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.356 R Motion was made by Emond, seconded by Zaun to approve the Board of Equali- zation minutes of June 24, 1976. Roll call was taken on the .motion. Ayes, Zaun,. Curry, Clarkson, Mako and. Emond. 76.357 g Motion was made by Mako, seconded by Emond to approve .the assessment abate- ment for Apeco'Industries as recommeded by the Dakota County Assessors bffice._ Ro11 call was.: taken on the motion. Ayes, Emond, Mako, Curry, Clarkson and ...Zaun. . . 76.358 ~ Motion was made by Curry, seconded by Zaun to approve the payment of bills as presented except the payment for Ambulance Service. Roll call was taken.~on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson..... -1- r, . CITY OF LAKEVILLE COUNCIL MEETING JULY 19, 1976 76.359 $ Motion was made by Curry, seconded by-Mako to approve the claims against .the Liquor Store as presented. Roll call was taken, on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson. The City Attorney reported and recommended that the Council approve the-easement obtained from Walter Bullock for placement of sanitary sewer in he amount of $2,841.68 plus $300 for crop damages. 76.360 $ Motion was made by Emond, seconded by Zaun to approve the easement with Walter Bullock and authorize the payment of $2,841.68 for the easement plus $300 for crop damage from .the project fund. Ro11 call was taken on the motion. Ayes, Zaun, .Clarkson, Curry, Mako and Emond. Council took up consideration of the proposed Home. Occupation Ordinance. Due to the length of the Ordinance and the fact that copies have been .available to the public the Mayor asked if anyone present objected to reading the entire ordinance.. There were no objections. 76.361 ~ Motion was made by Curry, seconded by Zaun. to waive the full reading. of the Ordinance and consider this the first reading of the Home Occupation Ordinance. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry and Zaun. The Piayor reported on a meeting attended by the Mayor and the City Administrator with Chamber ,representatives and staff from the Committees in the Minnesota Senate and House on the Stadium issue. The Mayor reported that it was the feeling_of those present that the Chamber should consider .and decide whether or `not itwishes to fund the research `analysis ofthe-Lakeville Stadium pro- posal and if so to report. back to the City Council on'the results of such an analysis and study.. 76.362 B Motion was made by Zaun, seconded by Curry to instruct the Mayor and City Administrator to write a letter to the Lakeville Chamber of Commerce suggest- ing that. the City. would await the results of a study made by the Chamber of Commerce on the feasibility of the Lakeville Stadium, before taking any further action. Ro11 call was taken on the motion.- Ayes, Emond, Mako, Curry, Clarkson and Zaun. The City Administrator reviewed with the Council the recommendation to rezone one acre of land on the southeast corner of 185th Street. and Trunk Highway 50 from R-1C to B-1. This acre had been zoned by the Lakeville Township Board for commercial/industrial use and has been used for commercial purposes dur- ing the past years. It is therefore a-non-conforming use under zoning laws and the zoning to B-l, limited business under Lakeville's .Zoning Ordinance would actually place tighter restrictions on the type of commercial use the property could be put to as compared to its non-conforming commercial status. It was recommended that the Council adopt the Ordinance rezoning the ~iraperty.. 76.363 g Motion was made by .Zaun, seconded by Curry to adopt the Ordinance rezoning one acre of land from R-1C to B-l on the southeast corner of Trunk Highway 50 _and 185th Street. ..Roll call was taken on the motion. Ayes, Emond, Zaun, Clarkson, Curry and Mako. At this time the Council reviewed the preliminary plat and proposed Developers Agreement with Cedar Highlands. Mr. Perry Latham, representing his partners in the proposed development and Mr. Gene Jacobson, consultant on the project, reviewed the plat and answered questions from the Council concerning it. .After considerable discussion, the developers were advised to review and possibly..change the .proposed right-of-way and. street width for the major east-west street in the plat which exits on to Cedar Avenue. Council felt .the street should be 80 foot .right-of-way with a 44 foot wide street. The developers are also advised to be more specific on how they would control • any drainage erosioa in the construction phase of the various parts of the plat and to make some changes in the proposed street naming and/or number- ing_system as shown on the plat. The question also arose as to whether or not it might be advisable to enlarge the proposed multiple residential zone to include. additional lots at the north edge of the plat adjacent to the proposed multiple. area to enlarge the buffer. Tle plat .is located outside the -2- _7 t - CITY OF LAKEVILLE GOUNCIL MEETING JiTLY 19, 1976 Lakeville School District but within two adjoining school districts and .that. problem. was discussed. Due to the number of items' o reconsider, the Council decided `to table the consideration and approval 'of the. plat.>to allow the staff time to meet. with the developers to resolve the above matters: 76.3$4 6` Motion was made by Clarkson, seconded by °Curry to table the approval of the preliminary_plat_to the August 2 Council meeting. Rohl call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Council.-did not wish to act on the proposed rezoninglfrom R-1C to R-3A for the northwest area of the Cedar.. Highlands plat until the preliminary plat had been, approved. 76.3b5 B', Motion was made by Clarkson, seconded by Curry to receive the Planning Commission minutes of the 'July 15, 1976 Commission meeting. Rohl call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson.. 76.-366 8- Motion was made by Mako, seconded by Emond to gran a variance to Richard Unger as recommended by the Planning Commission for a below grade lot. Roll call was taken on the emotion. Ayes.,. Mako, Emond, Zaun, Curry and 'Clarkson. The City Administrator recommended that the Council authorize the issuance of a permit to Williams Brothers Pipeline Company for the construction of a Petro- leum pipeline in their easements they now have in Lakeville... The Administrator also recommended that the Council set the fee at of 1% of the project value. Mr. Berry, representing the:company,`stated that the company has the responsi- bilitp to contact and settle any damages to anyone's property who they-now -have an easement from as a result of their construction work. -He assured-the Council...that this would be done in. advance of .the actual construction as to informing them of the project and negotiating any damage settlement and he restoration of their .property. 76.367 B Motion was made by Emond, seconded by Zaun to authorize the issuance of a permit to William 'Brothers Pipeline Company for the installation of he petroleum pipeline as per the Administrator's recommendation on the fee structure. Roll call was: taken. on the motion. Ayes,. Emond, Mako, Curry, Zaun and Clarkson.. Council took up consideration of Resolution 76-35 stating the City's position.. on'the proposed construction of I-35E. 76.368 B Motion. was made by Curry, seconded by Zaun to strike the wordsconcerning the City's position on Al ernate A-1: Roll call was taken on the motion. Ayes, Emond, Mako, Curry, sun and :Clarkson. 76.369 f3 Motion was made by Curry, seconded by Zaun'to adopt Resolution 76-35 as amended. Roll call was taken.. on the. motion. Ayes, Mako, .Curry.,. Clarkson, Zaun and Emond. The City Administrator reported on the. fees"the City can charge for gravel excavation permits and advised the Council that he Citp should amend its Ordinance and put_in tighter supervision requirements, and. institute more appropriate fee s ructure to cover the costs. of handling the permit requests and supervising them when whey are approved. This item-will be placed on a future agenda for adoption of the ordinance. The Administrator reported on the request of the Metropolitan Council to`es- tablish census tract boundaries for the 1980 census, and 1990. census. It, was pointed out-that the census tract line and present precinct lines for elections do~not have-to be the same. 'Once the census tract lines are es- tablished they cannot be changed.,. but by 1990 the'Cty will most likely be large enough to divide the present three census tracts established .for 1980 to two tracts for the 1990 census. -3- . CITY OF LAKEVILLE COUNCIL MEETING JULY 19, 19.76 Marianne Curry suggested that the Council draw the census tracts along the same precinct lines as presently .established.-for demographic and.-informa- tion purposes. 76.370 B Motion was made by Curry, seconded by Zaun to draw `the census tracts .along the present .precinct :voting .lines. Roll call was taken. on the motion. Ayes, Curry. and Zaun. Nays, Emond, Mako and Clarkson. 76.371 ~ Motion was made by Clarkson, seconded by Emond to adopt the census tract Lines as per lines shown'on a map .prepared by the City Administrator. Roll call was taken on the motion. Apes, Emond, Mako, .Zaun, Clarkson. Nay, Curry. 76.372 B Motion was made by Emond, seconded by Clarkson to approve pay request #8 to Richard Knutson, Inc. in the amount of $150,851..63 for work on the Orchard Lake water and sewer trunk project.. Roll call was taken on the motion. Ayes, Emond, Mako,. Curry, Zaun and Clarkson. 76.73 B Motion was made by Clarkson, seconded by Zaun to extend the meeting beyond the 11;00 quitting time. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and. Clarkson. Mr. Gordon Lekson addressed the Council and asked the question how he had re- ceived aCitation from the Police Department concerning a junk car onhis property when the car was far from the City road and partially hidden by shrubbery:..; The Council discussed the proposed Natural Resources Commission. Ordinance and the establishment of the Commission. It was decided to place the: item on the. August 2 agenda and each Council member was to address his comments to the City Administrator so they could be forwarded to each of the Council members. Motion was made by Emond, seconded by Zaun to adjourn the Council meeting. Roll call was taken on the. motion. Ayes, Emond, Mako, Curry, Clarkson and Zaun. • Respectfully submitted, ~rv ~ ~ s (Patrick E. Mc arvey, Clem Edward J. Mako, ayor -4-