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HomeMy WebLinkAbout06-06-77 CITY OF LAKEVILLE COUNCIL MEETING JUNE 6, 1977- The meeting was called to order by Mayor Mako at 7:30 P.M. The pledge of allegiance to the flag was given. Roll call was taken. Present: Mako, Curry, and Zaun. Absent: Emond and Clarkson. At this time the City Clerk and Mr. Robert Pulscher of Springsted, Incorporated opened the bid received on the sale of Liquor Revenue Bonds. The bid was from Cronin and Marcotte. Mr. Pulscher explained why the City was receiving only one bid. This is due to the fact that this is a revenue bond and under State law, hanks are not allowed to purchase revenue bonds. 77.252 Motion was made by Zaun, seconded by Mako to receive the bid. Roll call was .taken on the motion. Ayes, Mako, Curry and Zaun. At this time the Mayor recessed the Council meeting until 8:00 P.M. Mayor Mako reconvened.: the Council meeting at 8:00 P.M, and Councilmen Emond and Clarkson arrived and took their chairs. Mr Pulscher summarized the `b id received and stated that the interest rate of 5.'4965 was a very favorable rate in today's market. Be recommended the Council award the sale of the revenue bonds to Cronin and Marcotte, Inc. 77.253 Motion was made by Emond,,seeonded by Zaun to adopt Resolution ~f~77-32 awarding the sale of Liquor Revenue Bands to Cronin and Marcotte, Inc. 'Roll call was taken on the motion. Ayes, Emond, Mako, Zaun, and Clarkson. Nays, Curry. Mrs. Curry stated that she was being consistent in opposing the sale of the bands as she 'had also opposed the improvement project. Mrs: Curry also stated that she wished for these minutes to indicate that she wished her vote to'be changed from Aye to Nay on Motions X77.232 and X77.233 in the May 16th Council minutes. 77.254 Mot on was made by Zaun, seconded-by Emond to approve the May 16, 1977 Council meeting minutes. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 77.255 Motion was made by Emond, seconded by Curry to approve the Special Council meeting minutes of May 17, 1977. Roll call was taken on the motion. -Ayers, Curry, Zauri,'Clarkson, Emond and Mako. 77.256. Motion was made by Emond, seconded by Zaun to approve the May 31, 1977 Special Council` meeting where the Council met a.~ ,a Board 'tif• Review. Roll ca21 was taken on the motion. ayes°, 'Zaun, Emond, 3~ako,` :Curry. Naps, None. Gouncilman Clarkson abstained as he was not et that meeting.` 77.257 Motion was made by Emond, seconded by Zaun to approve.. the list of bills for pay- went as presented. - Roll call was taken on the motion.'fAyes, Clarks"on, Emond „Ma'ko,;.Curry and Zaun. Staff reports. r;, Pat Farrell reported on the McGrand contract."•Mr:~T'arrell advised the Council that the bonding company attorney had asked ~`or quo`tes from contractors to finish the project but had not received any to date. He adr+ised the Council to wait un- til the June 20th meeting before taking any further action on-this project with the banding company. Mr. Farrell advised the Council that the Governor had signed the bill placing a limit on the dram shop Liability. - - -1- CITY OF LAKEVILLE COUNCIL MEETING JUNE.. 6, 1977 Mr. Farrell advised the Council.c+~ ~aclaim :.filed against the City by'the Chart House . fox the costs of easement for the City sewer facilities, and alleged damage to their property from the construction of the facilities. ' 77.25$ Motio:was made by Curry,_seconded bX`Zaun'to'euthorze the City Attorney to put in an answer to the claim from the Chart House.. Roll call was taken on the motion. Ayes°,,~mond M,ako,.'Curry, Zaun and Clarkson. She City. Attorney advi~;ed t~ C"ouncil on the status of the bicycle trail acqusi- tion he and the'Mayor.:had=been working on. At this time Mr: Melvin Erickson adc'~ressed the Councih concerning his precious .request to rezone his property to B-2; Ectimmercial zoning. Mr.'Erict~son reviewed what he had paid 'for the property, .how he ha~i ~.mpGroved the prc~gerty and what it had been used for. He gave his opinion'on. the:use of surrounding property and justification for the•:,commercial zoning he is~requesting.' He also stated that he would like to turn the property into a.yeuth type center and church related activities for the youth, Councilman Zaun 'stated he felt that it would be premature for the Cfty to zone property in this particular area of the City commercial at this time. l; The Council. discussed.'with'Mr. Erickson the, pros and cons of his request. 77.259 Motion was made by Zaun, seconded_by-Clarkson to follow the Planning.Cognnissons recommendation..and•deny the zoning request to'rezone.Mr.'Ericksan's property to B-2. Roll call was taken on the motion. Apes, Mako, Curry,..Zaun, Clarkson and.Emond. At this time the City Administrator read-the proposed curfew ordinance for the fir t readng,:in its entirety. The Council discussed :with the Administrator whether or not this was, or 'should - be, the first reading of the ordinance.. After discussion, it was directed that theordinance be given plenty of publicity in the City newspaper. 77:260 Motion was made by Mako seconded by Curry to consider ths~:the~first resding~'of the curfew a~dinance. Ro11 cah was taken.. on the. motion. Ayes, Curry, Zaun,-Clarkson andMako: Nays, Emond. 77,261 Motion was made; by Zaun, seconded by Curry to receive the minutes of the three Advisory Committee meetings.. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako at~d Curry. 77.262 Motion was made`by'Curry, seconded by Mako to have, the City Administrator decide which drainage easement request.. for vacation of the easement are to be referred to the. Natural Resource Committee in the future. Rolf call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. At this time Mr. Glenn Nord. appeared before the .Council concerning the request to vacate a drainage easement along commaxi lot wines on Lots 17 and 18 in, Forest Hills Addition. 77.263 Motion was made bq Emondseconded by'Carkson to accept thee. petition requesting the vacation of ..the. drainage .easement. Roll call was taken on the motion. Ayes, Emond, Mako,"Curry, Zaun and Clarkson. .77.264 Motion was made by Emond seconded by Gurry to grant the. vacation of the 'drainage .easement along the common of lines of Lots #17 and 18 in Forest Hills Addition located-on 175th Street, with no objections being, received by the .City. Roll call `aas talon on the motion. rAyes, Mako, Curry, Zaun, Clarkson and Emond. 77.265 Motion was made by fond, seconded by Zaun to approve a°conditionah nse permit -2- CITY OF LAKEV,ILLE COUNCIL MEETING' JUNE- 6, 1977 to Gity G1ub Distributing for :;the in~tallatio'li of underground gasoline storage tanks, as recommended by "they Planning Cor~nriission. Roll call was taken,-on the'motion.;: Ayes, Curry, Zaun, Clarkson,-Emond and Mako. At this time Mr Norm Schwarts, a registered surveyor, .appeared before `the Council representing Mr.'`Schunke concerning apprCwal of a registered land nrvey. 77._266 Motion; was made by Zaun,, seconded_by Curry to-approve the registered land survey, and authorize the Mayor'~and,Clerk to execute it,., Roll :call was taken on the; motion, Ayes,-Zaun, Glarkson, Emond, Mako and Curry. At this time the Council and s off discussed. the survey work necessary to obtain easements along Judicial Road, 175th Street and 172nd Street 'to complete Bhase II of the Orchard Lake utility prefect: in 1978 ar 1979. Mr.-Gene Jacobson was also present concerning his estimate of survey costs. After reviewing his e$- timated costs and Mr. Farrell's recommendation for the type of survey he feels necessary, fete Council decided further study .on the matter was necessary .77..267 Motion was made by Zaun, seconded by Curry. to table until the June 20, 1977 '.Council meeting the agproval for survey work on Phase II of the Orchard Lake .project to allow the staff_to review he degree of work necessary`. 'Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The Gty Council discussed the proposed amendment to the.Planned`Unit Development Ordinance, and the difficulty in determining just where it was amending Ordinance. x`42 and/or Ordinance 484. 77.2$8 Motion was made by Curry, seccanded`by Etgond to return the proposed amendment to .the Planned Unit Development Ordinance to the Planning Commission for-clarifica- tioa. Rall call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. The City Administrator presented a letter from the Green Tree;Agen~cq concerning the cost of purchasing an umbrella liability insurance policy for-the City. Due to the extreme aerease.in premium it was advised that the City .not purchase an umbrella policy. It'was also po~.nted out that the State Legislature had limited the liability under the dram shop Statutes-ta.a maximum of $500,000 per occu~r- rence, and $250,UOO'per individual 77.2.69 Motion was made by Emand:, seconded by Curry not to purchase an umbrella liability , insurance policy. Roll call was taken on the :motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. The City Administrator reported o the Council the cost of purchasing a public officials liability insurance coverage. ,This cost for the insurance is based. upon a percentage of the iabil ty premium for he City operation. It covers elected and'; appointed City officials in`the event they would be sued because of decisions they .have. made. It was pointed out that mane .cities are purchasing this type. of coverage. ..77.27:0 Motion toss made by Curry, seconded by Mako to approve the purchase of public officials lability insurance coverage effective June 7,`1977. Roll call was taken on the; motion. Ayes,'Zaun, Clarkson, Emond, Mako and Curry. .The Gty Council reviewed the proposed Park Dedication Ordinance amendment. Mrs. ,T~a.nge fromthe Park and. Recreation Committee handed out an example of how the ~w formulas would work in ~5ark land dedication or cash. The ordinance was reviewed and tha Council declared it to be the first reading of the ordinance: 77.271 Motion was made by Clarkson, seconded by Zaun to send back to the Park and Re- creation Committee to rer,.~t~sider the name recommended for the so-called "Valley Lake Park", including the~~possibility of a contest to name it. Roll call was taken on=the moti©n. `_Ayes.C~.arksgn, Emond, Mako, Curry and Zaun. -3= - • CITY OF LAKEVILLE COUNCIL MEETING r JUNE 6 1977... The Citq Administrator reported that he had contacted representatives of the League of Minnesota ties Personnel'Classifcation Service and that the League does offera service for a fee. It was reported that a meeting would be 'arranged with representatives;of the League of Minnesota Cities to reviaw the City`s needs and .come up with a cost estimate~p.nd schedule for .possibly doing 'this consulting work.... The City Administrator ads~sed~the Council that the bonding company. had. not taken anq affirmative`aeton toward.campleting_the McGrand'-Frovarp project on-the Orchard.. Lake Phase I utility project. 'It was.r~commended that the Council be ready to approve plan aid-specifications to complete the repair necessary and the work necessary ort this gro~ect at. the Juxe- 20, :1977 Council meeting. The Council reviewed the contract with Midwest Planning and Research, Inc. for the completion of the second phase of the new Comprehensive Plan work. Mrs. Currq' stated that. she felt the City should receive from their consultants.a letter list.- ing any private,~lients he.'m~°+y do business with in the City, or that he does not have,anq clients...~ie represents that are doing business in the Citq. 77.272 Motion was made by Zaun, seconded bq Curry to approve the contract with Midwest Planning and Research,_Inc. and authorize the. Mayor and Clerk`to sign it'a subject to the City.. receiving aletter'from Mr. Licht listing tha above information. Roll call was-taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.273 :Motion. was-made by Clarkson, seconded by Zaun to extend the Council meetistg hp- yond the'11:a0 P.M, adjournment time: Roll call was taken on the motion.: Ages,'Mako,, Carry,: Zaun, Clarkson a~.~ Lmor~d. 77.274 Motion was made_by Mako, seconded by Zaun to table the variance request. of Mr Peterson until the June 20, 1977 Council meet ng. Roll call was taken on the motion. Ayes,. Currq, Zauta, Clarkson, Emond and Mako. 77.275 `Motion was made by Mako, seconded by Curry to approve thespecfications for the purchase of six new cash registers for the Liquor Store and set:`the bid date for .June 24, 1977 at Z:00 P.M. Roll `call was ,taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and hurry. The.. City Administrator presented a developer agreement between the-City'and Mr. Sullivan for Sullivan`s lst Addition. 77.276 Motion was made bq Emond, seconded bq Zaun to approve the final plat of Sullivan `s 1st; Addition and authorize the execution of the Developer Agreement by the Mayor and City Clerk. Roll call was taken on the motion. Ayes, Clarkson, :Emond, Mako, Curry and Zaun. The City Administrator reported that the Developers Agreement was not complete and readq for approval by the Citq on the Cedar Highlands 1st and 2nd Additions. 77.277 Motion was`made by Emond,`seconded'by Zaun to table approval until-the developer has: set aside .the bonding requirements with the City. Roll call was taken on the mot on. Ayes, Emond, Mako, Currp, Zaun and Clarkson. The C ty Council discussed the final Systems Statement that the City had received from he Metropolitan Council.. 77.278 .Motion was made by Zaun, seconded by, Curry to approve and accept the final Systems Statement received from the Metropolitan Council. Roll call was taken on the motion. Ayes, Mako, Curry,'Zaun, Clarkson and Em©nd. `Under other new. business, the Council made the following motion. `77.279 Motion was made by ~nond seconded by Zaun to approve the policies recommended bq the finance Director dated May 19, 1977 cobcerning non-sufficient fund checks at the Liquor Store. • • CITY OF LAKEVILLE COUNCIL MEETING JUNE- 6, 1977 Roll call was taken.. on the mot on. Ayes,''Curry, Zaun, Clarkson, Emond and Mako. 77.280 ,Motion was made by Gurry, seconded by Zaun to approve the written list of pro- perty received from the Finance`Direct~or~far sale in an auction-and authorize the sale for June 23, 1977. . ..Roll call was taken on the motion. Ayes, Zaun, Clarkson,`Emond, Mako and Curry.- :.77.281 Motion was made by. Emond, seconded by Zaun to approve the plans and`;specifications for the Metropolitan Waste Control Commission ,Sewer Interceptor to be canst'ructed from the Lakeville Treatment Plant to the new;La~Cevi~le-Farmington Treatment 'Plant:: . .Roll .call was taken son the motion. Aye~,Clarkson,'zEmond, Mako, Curry and Zaun. 77.282 Motion was made by Emond, seconded by Curry to 'approve the extension of the completion date 'for Phase I oaf -the Sewer S~rstem Evaluation Survey from June 1, 1977 to January '1,1978 due to the extreme dry conditions of the soil that have persisted,. Roll call was taken on the motion.- Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.283 Motion was made by Mako, seconded by'Emonc~'to approve the settlement in the amount of $400 witch the Bergland-Johnson suit to A & K Construction, Inc. and its attorney, Richard Kavaney. Roll call was taken on the motion. Ayes, Maka'Curry, Zaun, Clarkson, Emond. "x°7.284 Motion was made by Emond, seconded by Clarkson to approve-the settlement in the amount of $5,640 for easements on 4 parcels of property with B:C.H.West Valley Group,' ~ California Corp. ;and fiiick Kuehl... Roll call was taken on the motion. Ayes,'Curry, Zaun, Clarkson, Emond and Mako. 77.285 Motion was made by Zaun, seconded by. Clarkson to approve a settlement in'the amount of $26,19Q far the purchase of road right-of-way in the Hlghvew Avenue project with O'Neill, Burke, and O'Neill, Ltd.. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.286 Motion was made by Mako, seconded by-Clarkson to approve-"the return of $75.00 'to the Lakeville Women's Softball Association on their non-intoxicating beer license. .Roll .call was taken on the motion. Ayes, Emond., Mako, Cuxry,'Zaun, and Clarkson. 77.287 Motion was made by Mako, seconded. by Clarkson to adjourn th+e~_Councl meeting. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. Time• 12 midnight. .'Respectfully submitted, , r t~' atrick E.' cGarvey, City erk Edward J.:.Mako, Ma r' -5-