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HomeMy WebLinkAbout06-20-77 CITY OF LAKEVILLE COUNCIL MEETING dUME 20, 1977 The meeting was called. to order by Mayor Mako at 8x00 P.M. The pledge of allegiance to the flag was given. Roll call was take~d:_ ~'rQSent: Mako,'Curry and Zaun. Absent: Emond and'Clarkson. Also. present: Patrick McGarvey,`City Administrator; Roger Knutson,`Citq Attorney. 77.90 Motion was made by Zaun, seconded by Curry to approve the 'claims as presented for payment. Roll call was taken on the motion. ..:Ayes, Mako, Curry and `Zaun. Nays, n®ne. '77.291 Moti®n was made by Curry, seconded by Zaun to approve a dance license for George Haarmer under the same conditions as he license ;was issued in the past and subject to receipt of a certificate of insurance naming the-City as an 'additional insured the payment of a $25.00 license fee. Roll call was taken on`the motitrn. Ayes, Curry., Zaun and Mako.. 77.292 Motion was made by Zaun, seconded by-Curry to :.approve and authorize `the Mayor an d Clarketo si~pn an"agreement with the State of Minnesota on the .:giant fot the Antlers Park mpravement, Roll call was taken on the. motion. Ayes.,,,, Zaun, Mako and Curry. 77.293 Motion was made by Zaun, seconded'byCurrg to receive a letter. and petition from Kent Stever. end a`let er from John and Sharlene Berg. Rc~l1 call was .taken on the motion. `'Aye$ Mako,~Curry and Zaun. At this time Counci].~ian Cfarksoz~'a arr'teed' aad- ~o:ok _,his',;;chair. 1~ttgor Mako brought to the attention of the Council that he had`receued a request from the owners ttf the<Heller dark on Ho~.yoke to have the. City cut downthe pine free which. is to poor condition.. The 'Council discussed that this was need some- tmes as a public park, a3.though it is privatel:y_owned propertq. '294 Motion was maw, ~ Mako, sec'ondad bye Zs.ua 'to authorize and direct the Public Works Department fi~o cut down the pine tree in I~11er Park when ,the City has the time. &oll call-was taken on the motion. Ayes, Curry, Zaun, Clarkson. and Mako. :77.295 Motion was made by Curry, seconded by Zaun to,dira~t~the Citq Administrator~to inves:ti,igatte with the ;.owners of Keller Park the possible swap ~f property with the City, Roll ca~;ls taken on the motion. Ayes,•.Zaun,'Clarkson, Mako and Curry. At his time the City, Administrator read the proposed curfew ordinance for the secc~ad reading in full. Councilman Clarkson _exZrlaned that the Police Department needs. this ordinance as an additional. tool to handle some problems in the community.`' Marianne Curry `stated that she had received no connnents from the public concern- ing the-ordinance:. 77.296 Motion was ode by Clarkson, seconded by Curry ;to ;adopt the curfew ordinance X107. Roll call wes taken on the: motion. Ayes, `Clarkson,,Mako,; Curryiand Zaun.. 77.29.7 Motion was made by Zaun, seconded by Curry to receive the minutes of'the three Committee meetings. Roll call was taken on the motion. Ayes,"Mako, Curry, Zaun and Clarkson. 77.298 Motion was made by'Curry and seconded by Zaun to refer the Resolution received from the Natural Resources Committee concerning the use of-lakeshore land to - the City staff for review, including the City Attorney for compliance with State laws, Roll call was takes on the motion. Ayes, Gurry, Zaun, Clarkson and Mako. .1_ I CITY OF LAKEVILLE-COUNCIL MEETING JUNE 20, 1977. 77:-299 Motion was made by Zaun, seconded by Mako to :approve. a rear yard, front yard,. and fiat size variances for L©t 2, Block 2,, Weisner's Addition to 2'homas Peter- son, as recommended by the Planning Commssion:andbasedon the conditions recommended. Roll call was taken'on the motion. Ayes, Zaun, Clarkson, Mako, and Curry. The City Administrator advised the Council that the variance requested by Richard Lewis for a below grade lot was recommended for. approval by the=Build- ing Inspect©r and Planning Commission.. The Administrator advised Council that a sewer service to the new. home can be hooked-up to the City service and work" by gravity .:without. the need for a grinder pump. Council was also advised that the `part of the variance pertaining to'the garage should be deleted as the sur- vey provided by Mr. Lewis. does-not accurately reflect where the house is ac-` tuallp situated, and where the garage would probably be built in the future. 7T.300 Motion was made by Curry, seconded by Zaun to grant a variance fora below- grade.constructan pf a house to Mr. Richard. Lewis at the corner of'164th Street and .:Kenosha Avenue. Ro1I call was taken on .the motion. ,..Ayes, Clarkson, Mako, Curry and Zaun. At"this time, Mayor Mako explained that he had received a letter and petition from Mr. Kent Stever wha had requested it placed on the future Council agenda. Mayor Mako explained that he'had forgot to deliver it to the City Administra- for for placemen on the June-20th agenda at .the time the agenda was being pre- pared for the newspaper. He explained .that he`had told. Mr. Stever that. he would do that.,. then contacted Mrs. Curry so that. she could notify people in the negh- borhood that the item would stall come up on June 20th. At .this tame Mayor .Mako read the petition from Mr. Sever and alsoxead the names on the petition and the ones that.. had been crossed. off. At this time Jim Emond arrived `and took his. chair.. At this time Mr.-Stever, spoke about:: the condition and history ;of the road and. .explained how the petition~was-prepared'and taken around the neighborhood by, he and a neighbor~in the 1st Addition. He also explained that he was making` the petitio~i in'an ef£or`t to find out what the alternatives :were for improving a portion of Juae~.le:Path -that does not, have asphalt at this t me. Mr. Nordin spoke next bout how the history of the road came to the present condition-afit, and that. geople who sign petitions cane change. their minds .sand later remove their names, or even place their aames_back on it. Mrs. Curry`explain~~ that;the developer, Mr. Ross. Bassett, first put in`the asphalt on Junelle Path in'the,lst Addition in 1972 and that it broke up and was Pater replaced with Class ;5. Af er that. sewer and water went in and the road had to be restored: Another citizen pointed out that the`, permanent road should probably await the determination of the Lake Marion outlet.Ievel. Sheldon Curry explained what he told the property owners concerning pettions> to the City Council, with'35% ox .more of the benefttedproperty owners'sigriing such°a petition.: He,:also stated that he felt the-estimated cost for a road im- provement on Junelle Path would: be in the. $14.00 per foot ranger and would be assessed to the:: property owners ..abutting Junelle Path. He stated he didn't feel the City could afford it at this time and. neither could some of the pro- perty owners. Mr. Stever spoke again and stated that his_petition..was intended to ask he City to-find out how much it would cost to make: an improvement. Melvin Henry stated that, he signed the petition and that he would like 'to see the road improved. Marianne Curry stated that when the petition came to her door, the person de- Iivering at stated that it would cosy between $400 to $SOO per house and that: the. City would be picking up half of the cost. Sher said"she stated to Mr. Witt that_the cost. would: probably be more like $15.:00.per foot and-the City would pick up none of .thee cost. She also stated she did not go door to door ; herself, and that her Propertywould..be assessed. She stated there are appraxi- -2- CITY OF LAKEVILLE C~UNCIL:MEETING JUNE 20 1977 mately 16 property owners along Junelle Path that would be improved and that not all of these property owners-signatures are on'the petition. She also stated .that .preliminary engineering reports are a cest to the City if the pro3ect is not ordered. Mr. Stever spoke again and stated that people`he talked to concerning signing the-petition were not given any figures related to the.. cost of'what..a road im- provement might be by him. 77..301 :Motion was made by Curry, seconded by Mako. to direct the staff to ascertain.-who the signers of `the ,petition are who abut the portion of Junelle Path that would be improved, and what that percentage of benef tted property is of the total front footage. Roll`call.was taken on the-motion. Ayes, Mako, Curry, Zaun, Clarkson, Emond. 77.302 Motion was made by Zaun, seconded by Emond to have added to the above motion, to direct the City staff to analyze what is needed to go into a street improve- ment. After discussion Zaun and Emcrnd` T withdaew. ? the motion. 77.303 Motion was made_by Zaun,. seconded by Emend to direct the staff.. to report to the Council on what information is.ava~lable concerning the present condition of Junelle Path and factors and'coadi''tioas affecting the road. Roll call was taken. on the motion. Ayes,. Maka, Zaun, Clarkson, Emond. Nays, Curry: At this time Mr. Richard Spicer, attorYtey representing 'Walter Sternberg addressed the Council concerning. his clients. request'to have Lots 5 and 6 of Block '26 assessed for trunk sewer 1~enefi~. He stated that in September of 1976-the City had assessed .Lots 1, 2, 3, and 4; of Block 26"as being benef tted because it. had been determined that the ~levation•-of -these lots was high. enough to. consider them .buildable lots from ~'he stand~iotnt°' of DNA =:Cegulations. These lots•are_located'on the south side of County Road 44. The City Administrator advised the Council that Mr.--Spicer, Mr. Sternberg, Mr. Ron.Harnack of the DNR, Roger Knutson.,. Glenn Langord, Dave Goodermont, Jim Robinette; Steve Michaud.,. ,and himself had. met at 4:30 on June:20 to review and discuss this: request. The.. Administrator pointed nut that this request and recommendatonfrom_the staff for .approval was .based on the elevation from the... wetland adjacent to'the Lots and based upon a two f©ot contour map available to the: City.. It does not.. include approval of variances which may be needed to construct homes. on these lots at a later date,-from other City ordinance ..requirements. Mr. Spicer. stated that they understood this. 77.304 Motion was- made by Curry, seconded by Zaun to assess Lots 5 and 6 of Block 26 for trunk .sewer only and direct the City .Attorney, o prepare an agreement be- tween the ,City: and Mr, Sternberg for the assessment. Rall call was ..taken on the. motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. At this time the''Counciltook up the second reading of .the Ordinance'concerning Park Dedication requirements.. The City Administrator pointed `out that...paragraph. E on page S had been added and that. on the first page a portion of. Ordinance 11 that: this Ordinance wasamend~ngwas specifically stated. 77.305 Motion was made°by Zaun;'seconded by Curry to adopt Park Dedication. Ordinance X108 Roll call was taken on the. motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. The C3ty:Administrator advised the. Council. that no action should be taken on the request of Kenneth Bartyzel for avariance for a below grade and rear setback to construct a garage, since Mr. Bartyzel had not presented a certificate of survey for the: total correct names of adjacent property owners. 77.'306 Motion by Zaun,, seconded by Mako to table any action on the request of Kenneth Bartyzel utatiltheeapplicanthas suppl~:ed the. required informs ion to~the Planning: -3- CITY"OF LAKEVILLE COUNCIL MEETING . JUNE 20, 1977 Commission has: ffihde' a: recommendation ; Roll call was taken-an~the,motion. Ayes,C$arkson.,:~mondrMakor.,.Gurry;and Zaun. At this time Mr. Darrell Schneider, Consulting Engineer :explained .and presented the final plan ~,for,ti~e Lt~keville Hills; and ,;Jackson Heights street improvement: project. -77.307 Motion was made by Emond,,seconded by ,Clarkson' o adopt Resolution X77-34 - approving the plans and specifications and setting July 14, 1977 at-10:OQ A:M. as the time for opening the bids on the. project: Roll call was taken on them©timn. Ayes, Emond, Mako, Curry,..:Zaun and Clarkson. 77.308 Motion was made by Curry, seconded by Mako to direct the staff to .investigate' "and take action on parking of semi-trucks in the Lakeville Hills Addition near the corner of 166th Street and Kenosha Avenue. .Roll call was taken on the. motion. Ayes, Mako Curry, Zaun,...Clarkson and Emond. At this time Mr.- Schneider. presented the right-of--way plan and: design of he preliminary plan for the improvement of 175th Street. He also introduced Mr. Terra Herman of Consulting Engineers Diversified who is an engineer working on the` project with Mr. Schneider:. Mr. Schneider expla ned that the road is proposed to be` built 36' wide with concrete, curb and gutter...from Trunk Highway 50',to Jonquil Avenue., and then 24' wide with 10 foot gravel shoulders from there to'Ipava. Mr. Schneider also .explained that the City should.. pursue with: the Minnesota Department of Tr~sportation some improvements an Trunk Highway 50 as a safety improvement, These improvements would be made by the Department ,of Transportation. He also advised°the Council that he will have a report on July 18th concerning the location of `any sewer and water utilities that should be placed in the I7Sth Street right-of-way.. 77.909 .:Motion-was made by Clarkson and seconded. by Zaun to; approve :the right-of-way plan for 175th. Street by adopting Resolntou 77-35. Ro11 Ball was taken on the motion. `Ayes, Curry, Zaun, Clarkson, Errand and Mako. 77.910- Motion was-made by Mako,: seconded: by Curry to adopt. Resolution #77-36 making a parking limitation.. policy on the 175th Street when:. it' is once .improved:. Ro11 call was taken on the motion. Ayes,. Zaun, Clarkson, Emond, Mako and Curry. The City Administrator advised the Council that the staff had: not completed al'1 of the woxk necessary to-report on the estimated schedule, costs, and feasibility for the Phase II of the Orchard Lake utility project and `requested the Council. to set a special meeting to review the staff report on the Phase II project .along with a report from the Finance Director on the status of the various assessment sinking funds and a refinancing plan for the 1975 temporary bond issues. The Council est.`s special meeting for 3:30 P.M. on June 29th for these items.. At this time Mr Robert Rosene presented. the plans and specifications for the completion of. the Qrchard Lake Phase I utility prgject.'that had been terminated by the City. McGrand and Frovarp, Inc., was the contractor on the project. It was explainedthat the bonding. company had authorized the City to proceed ..with the'plaas and specifications and, in fact;, turn the project hack to the Gity for completion of this work;y . 77.311 Motion was made by.Emond seconded by Curry to adopt Resolution #`77-37 approv- ing the plans and specifications for the completion of the Orchard Lake Phase I of the utility pro3'ect and setting_July 8, 1977 at 2:00 P.M. as the,time for :opening bids. Roll. call was taken on the-motion. Ayes, Clarkson, Emond, Mako, Curry°~end~Zaun, w. The`Cov~cil then; set :a°special Council meeting ,for July 11, 1977 at 4;00 P.M,' to consider these b~3s and award a contract. -4- ~ ~ • • GITY OF LAKEVILLE GOU'NCIL MEETING' - JUNE'20, 1977 At this time, Mr. Robinette, the Public Works Director, and Mr Ken Bensen -from Dakota County Electric Association-:presented a report concerning the proposed street light improvements in the Va11eq Park area. It was stated that the City was proposing to have high pressure sodium lights installed, decorative fixtures and underground wiring in all but ten'of the lights. Costs for the decorative fixtures, labor and material would be;,agproximately $400 each. Mr. Bensen explaned'that the monthly cost for a 100'-watt°high`pressure sodium is now;: $4.30 and"that the_cost for a 175 watt mercury vapor with their company is now $4,'.20. xe further-explained that the high pressure sodium is a much more efficient light as far as every use, and also provides mere illumination ,than a:..mercury vapor. The City Administrator advised the Council that it would be necessary for the Council to call a public hearing since `the staff was proposing that he in- stallation of these street ..lights be sssessed to the benefitted property, and the company would need several weeks to complete the project before the ground. freezes this fall, and the gas lamps are turned off in accordance with State law by November`l, 1977. 77.312 Motion was made by Zaun, seconded by Curry to follow the Public Works Committee's recommendation and set a public hearing for July 21, 1977 at 7:30 P.M. at the Parkview Elementary School for the proposed street lighting improvement pro- ~ ect in. Valley Park..: Roll call was taken on the motion.. Ayes, Emond, Mako, Curry,. Zaun and Clarkson. 77.313 Motion: was maw qty Zaun, seconded by Emond to extend the Council meeting for all items on the agenda including the Liquor Store curb and gutter and utility ques- ton~aire. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. The City. Administrator presented the specifications for the Liquor Dispensing System at'the Liquor Store.- Mayor Mako questioned why the bar system for dis- pensing,w$s beingsgecified`in. place of the gun, It was explained that the ..gun system was supposedly faster than the bar system but may involve more maintenance. ~ouneil also questioned whether or not the specificat ons would require that the dispensing system have a pumping apparatus that has a design that will eliminate maintenance problems. 77.314 Motion was made by Curry, seconded by Zaun to approve the-liquor dispensing specifications with two changes, one to include the requirement for the bidders to supply a;price'for the bar .and gun type dispensing sys ems if they sell each on.e and to insert language requiring a posi-displacement pump style of convey- once. Roll call was taken on the motion,, Apes, Curry, Zaun-; Clarkson, Emond and Mako. 77.315 Motion was made by Emond, seconded by Mako to approve the. set-up license for John's: Tavern. Roll call was taken on the motion. 'Apes; -Mako; Curry, Zaun, Clarkson, Emond. ?7.316 Motion was made by Mako, seconded by: Zaun to appr©~re a set-up license for the Sea Girt Inn. - Roll call was taken an .the motion. Ayes, Curry.; Zaun, Clarkson, Emond and Mako. 77.317 Motion 'was made by Curry, seconded by Zaun ;to approve'a set-up°license for. Magpie's Tap'with the condition. that the*"doors ,must be changed to,~ogen out- ward, exit signs be placed above the doors and the parking lot surfaced on or before July 8,;1977y or the lcense'.wi11 be suspended. Roll call was taken on the motion. Ayes., Zaun,'Clarkson, Emond, Mako and Curry. 77.318 Motion was made by Emond, seconded by,Curryto approve payment ~t`1 to Hoffman Electric on the liquor store prpject in the amount of $450. Ro11 X11 Baas talon on the'~nratsaa,. Ads, Clarkson, Emond, Mako, Curry and Zaun. -5- i CITY OF LAKE~`ILLE COUNCIL MEETING `:JUNE 20, 1977 _The City Administrator explained to.~he Council that staff raas recommending that the Gt~nei~1` autt%ur~ze a chei~ge-order in 'the Liquor Store contract with Gilbert Con~~truction~Co~pan~ toy increase the::amount of-concrete curb end` gutter removed and replaced. The bequest was for 158 ,additional feet of curb and gutter. to be reuio~ed on Holyo,l~e Avenue and on a .portion of 207th -,St. This would.: provide a1~. new concrete curb and gutter along Holgoke and 207th Street. The additional cosy for `the- removal and replacement of this 158 lineal feet have be~i quoted at $1,027 bq the contractor. 77.319 `Motion was. made by Curry, seconded by Zaun to`suthorize,the removal ..and re- placement of 158. additional lineal feel of curb and gutter on the Liquor. Store pro3ect at a cost of .$1,027. Roll call was taken on the motion. Ages Emond, Mako., Curry, Zaun and'Glarkson. Mayor Mako-presented a list of citizens for appointment initially to the Cen- tennial Committee. 77.320 Motion was ..made by Curry,'seconded by Zaun to appoint citizens on the list provided bq Mayor Mako to the. Centennial. Committee, Roll call was taken on the. motion. Ayes,Mako, Curry,:.Zaun, Clarkson, and Emond. 77..321 Motion. was made, by 'Clarkson, econded by Curry. to receive the .reportsf'rom Ackerberg & Associates on the City Hall project and review them on the July 5, 1977 Council meeting. Ro11 call:. was .taken on the motion. Ayes,. Curry, Zaun, Clarkson, Emond and Mako. 77.322 Motion was made by Clarkson, .seconded by Curry to adopt: Resolution 77-39` setting forth: City. policy on `the utility bill collection and:`also approving the sending of a questionnaire with the .Tiny bills on the water. system. Ro11 call was takem on ;the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry... 77`.323 Motion was made by Zaun, seconded by Emond to adjourn the`Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry,`Zaun and Clarkson. dime: 11:50 P.M. Respectfully submitted, ~ ~ f atrick E McGarvey,:City _ erk g--' Edward J. Mako, yor gr i r ~S-