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HomeMy WebLinkAbout10-01-79 CITY OF LAKEVILLE COUNCIL MEETING r October 1, 1979 The meeting was called to order at 7:30 p.m. by Mayor Lekson.. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Spande, Curry, Zaun, Nelson and Mayor Lekson. Also present: Darrell Schneider, Consulting City Engineer; Patrick Farrell, City Attorney; and Patrick McGarvey, City Administrator/Clerk. 79.464 Motion was made by Zaun, seconded by Curry to approve the claims for payment as presented. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. There were no staff reports. At this time Mr. Robert Pulscher of Springsted, Inc. presented a report for a City general obligation improvement bond sale to finance five improvement projects previously approved by the City Council. The total bond issue was estimated at $1,015,000. Mr. Pulscher explained that the recent trend in the municipal bond market was upward and that he did not foresee any decrease in the interest rates in the near future due to the current economic conditions in the country. 79.465 Motion was made by Curry, seconded by Nelson to receive the bond report from Mr. Pulscher. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and.. Spande. 79.466 Motion was made by Curry, seconded by Zaun to adopt Resolution No. 79-85 providing for the issuance and sale of $1,015,000 of general obligation improve- ment bonds of 1979. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.467 Motion was made by Zaun, seconded by Nelson to receive the Planning Commission meeting minutes. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and. Curry. At this time the mayor opened the assessment hearing for the Highview Avenue assessment for the Larson - Zweber properties at 7:45 p.m. Mr.'Farrell indicated that the hearing had been called for 8 p.m. but that both property owners were. present with their legal council and that if they would waive the time, the hearing could proceed. Mr. James Bresnahan, an attorney for the property owners stated that they did waive the time stated in the hearing and were willing to have the hearing begin at 7:45 p.m. Mr. Farrell attested to the legal notice for the improvement hearing. Mr. Bresnahan addressed the council and stated that his clients' position was that the assessment should be made in accordance with Resolution #78-20, adopted by the City Council in 1978, that the property should be assessed at $9 per front foot. Mr. Farrell stated that the same argument was raised by Mr. Bresnahan in front of the court when the property owners appealed the original assessment for Highview Avenue and that the judge had ruled that the City could assess up to $10,000 for each parcel for the Highview Avenue street. improvement project. Mr. Farrell stated that he would prepare a resolution itemizing the reasons for the council's rejection of Mr. Bresnahan's argument in favor of the $9 per front foot assessment rate and stating the City Council's position that the $10,000 principal assessment for each parcel was a fair and proper assessment. 79.468 Motion was made by Curry, seconded by Spande to adopt Resolution No. 79-86 assessing each the Larson and Zweber property at $10,000 principal for the Highview Avenue street improvement project at 8o interest on the unpaid principal -1- • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1979 for a ten year period, and stating that Resolution No. 79-20 does not apply to this assessment. Roll. call was taken on the motion. Ayes, Nelson, Spande., Lekson, Curry and Zaun. Time: 7:50 p.m. At this. time the City Council took up consideration on the application of Mr. and Mrs. Thompson for a conditional use permit to construct another garage on their property at 16599 Kenwood Drive providing them over 1,000 square feet of garage space. 79.469 Motion was made by Zaun, seconded. by Nelson to grant the conditional use permit subject to a written agreement being executed between the City and the property owners controlling the use of the garage space and record it at-.the Dakota County courthouse. Roll call was taken. on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.470 Motion was made by Zaun, seconded by Curry to adopt Resolution #79-87 on the replat_of Sanasha Knolls. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. At this time Mr. Schneider introduced Mr. Frank K.riz who is a registered land surveyor working for Consulting Engineers Diversified and claimed that Mr. Kriz is in charge of much of the field work and inspection on the improvement projects designed by C.E.D. for the City. The City Engineer presented a tabulation of bids received on the improvements for the Oak Shores 6th and 7th Addition. He explained that the low bid was below their estimate, which included the original preliminary report, construction costs plus site grading. 79.471 Motion was made by Spande, seconded by Curry to receive the bids taken on the Oak Shores 6th and 7th Addition improvements. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.472 Motion was made by Curry, seconded by Zaun to adopt Resolution No. 79-88 awarding the contract to Orfei and Sons for the Oak Shores 6th and 7th Addition improvements. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. At this time Mayor Lekson opened the public hearing on the proposed use of Federal Revenue Sharing funds for 1980. The City Clerk attested to the legal notice. There were no citizens present at the council meeting wishing to speak on the matter. 79.473 Motion was made by Zaun, seconded by Spande to close the public hearing on the proposed use of Federal Revenue Sharing funds for 1980.. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. Time: 8:12 p.m. At this time the City Council took up consideration of the resolution adopting the 1980 general fund operating budget. Councilperson Curry questioned the inclusion of $2,500 for uniforms for the police reserves. The City Administrator explained that. the item was left in with the anticipation that the City would be changing uniform colors for its regular police officers and that the amount would cover the change for the reserve officers also. He suggested the amount be left in the budget to allow the Chief of Police time to investigate whether or not the reserve officers could wear the same color in the future, and report to the council. -2- • • • . CITY OF LAKEVILLE COUNCIL MEETING October 1, 1979 79.474 Motion was made by Curry, seconded by Spande to adopt Resolution No. 79-89 approving and adopting the 1980 general fund budget. in the amount of $2,033,086. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.475 Motion was made by Spande, seconded by Curry to adopt Resolution No. 79-90 approving the 1980 tax levy for the City of Lakeville in the amount of $1,024,737. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.476 Motion was made by Nelson, seconded by Spande to adopt Resolution No. 79-91 approving and adopting the 1980 utility fund operating budget. .Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.477 Motion was made by Spande, seconded by Zaun to adopt Resolution No. 79-92 approving and adopting the utility user rates effective January, 1980. Ro11 call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.478 Motion was made by Curry, seconded by Nelson to authorize Consulting Engineers Diversified to prepare the comprehensive water plan for the City as per the letter from Mr. Nyhus dated September 26, 1979 at a cost not to exceed $12,500. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 79.479 Motion was .made by Curry, seconded by Zaun to adopt Resolution No. 79-93 approving the 1980 federal revenue sharing fund use. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.480 Motion was made by Spande, seconded by Nelson to adopt Resolution No, 79-94 approving the 1980 shade tree disease budget. Roll call was taken on the motion. Ayes, .Lekson, Curry, Zaun, Nelson and Spande. 79.481 Motion was made by Zaun, seconded by Curry to adopt Resolution No. 79-95 approving and adopting the 1980 park development fund budget. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.482 Motion was made by Nelson, seconded by Spande to adopt Resolution No. 79-96 establishing and approving the election judges for the November 6, 1979 City election. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.483 Motion was made by Zaun, seconded by Nelson to give the second reading and adopt Ordinance No. 150 repealing Ordinance No. 86 and establishing the salaries for the Mayor and Councilmembers effective January 1, 1980. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 79.484 Motion was made by Curry, seconded by Nelson to approve an agreement with Steve Griffin and Ervin Short and authorize the Mayor and Clerk to execute it to allow utility hook-up for Lot 5, Block 1 of Oak Hills Third Addition. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.485 Motion was made by Curry, seconded by Nelson to approve the plans and specifications of the revised Lake Marion trunk sewer project with two alternate routes and set .October 26, 1979 at 10:00 a.m. as the time for taking bids by adopting Resolution No. 79-97. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. -3- • • . CITY OF LAKEVILLE COUNCIL MEETING October 1, 1979 Mr. Schneider explained before the council voted on the motion that the completion date was being set for September 1, 1980 for the trunk sewer project and that the plans and specifications did not include any lift station to analysis of the .future high operating and maintenance costs that the station would entail. The City Administrator explained that the appraisals for the city hall property had not been finished but that the certificates. of survey for the property were finished and were being forwarded to each of the City appraisers. The City Administrator explained that the staff has been unable to date to find the deed to the City property and was still attempting to locate it from the former City Attorney's files at either his home or office. 79.486 Motion was made by Spande, seconded by Curry to appoint Dirk Gasterlund to serve as one of the City's representatives on the Community School Advisory Board. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. 79.487 Motion was made by Zaun, seconded by Nelson to engage the George M. Hansen Company to do the 1979 audit for the City and Fire Relief Association. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. 79.488 Motion was made by Zaun, seconded by Curry to adopt Resolution No. 79-98 receiving the preliminary report on the well No. 6 improvement project and authorizing C.E.D. to prepare plans and specifications for the project. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. 79.489 Motion was made by Curry, seconded by Zaun to approve the specifications for the purchase of three marked and one unmarked squad cars and set October 26, .1979 at 10 a.m. as the time for taking bids on the cars. Roll call was taken on the motion. Ayes, Spande, Lekson, Curry, Zaun and Nelson. 79.490 Motion was made by Curry, seconded by Zaun to approve the Airlake 2nd Addition, Phase I, sanitary sewer and water plans which will allow Hitchcock Industries to proceed with-that part of the work. Roll call was taken on the motion. Ayes, Lekson, Curry, Zaun, Nelson and Spande. 79.491 Motion was made by Zaun, seconded by Nelson to authorize the City staff to use. Mr. William Peat as a consultant as per the staff's written request on the insurance proposals. Roll call was taken on the motion. Ayes, Curry, Zaun, Nelson, Spande and Lekson. The City Council discussed with the City Attorney the matter involving Mr. Girk's development of a road on ten acres of land south of 175th Street. After discussing the matter, the council agreed that the Attorney should prepare a resolution for the October 15 council agenda which would make it clear that a road constructed on that property would be a private road and that the resolution would be recorded at the Dakota County courthouse against each parcel of property. The City Council discussed the matter of Mr. Hazel's absence from Planning Commission meetings. 79.492 Motion was made by Curry, seconded by Nelson to authorize and direct the City Administrator to write a letter to Mr. Hazel advising him that due to his absences he is removed from the Planning Commission, and to thank him for his years of service to the City. Roll call was taken on the motion. Ayes, Zaun, Nelson, Spande, Lekson and Curry. -4- , • CITY OF LAKEVILLE COUNCIL MEETING October 1, 1979 _'79.493 Motion was made by Curry, seconded by Nelson to adjourn the council meeting. Roll call was taken on the motion. Ayes, Nelson, Spande, Lekson, Curry and Zaun. Time: 9:30 p.m. Respectfully submitted, Patrick E. McGarvey, City C1 rdon Lekson, M or -5-