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HomeMy WebLinkAbout05-16-77 s • W CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1977. The meeting was called to order at_$:00 P.M. by Mayor Mako. The pledge of allegiance to .the flag was given. Roll call was taken. .Present: Emond, Mako, Curry Zaun and Clarkson. Also present:- Fatrick McGarvey, Darrell Schneider, James Robinette and Patrick Farrell. 77.227 Motion was made by Curry, seconded by Mako to approve the minutes of the May 2, 1977 Council meeting. Roll call was taken on the motion. Ayes, Mako, Curry, and Emond. Nays, none. Zaun and Clarkson abstained because they were .not at that Council meeting.: The minutes of the May 3, 1977 Council meeting were tabled as they were not prepared: 77.228 Motion was made by Mako, seconded by Emond to have the minutes of the May 3, 1977 Council meeting typed from the tape of the meeting. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond, and Mako. 77.22.9 Motion was made by Emond, seconded by Zaun to approve the bills for payment as presented. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.230 Motion was made by Curry, seconded by Zaun to refer the matter on the perform- an~e of the grinder pumps sewer system to the City staff for report to the Council. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. At this time Mayor Mako expressed the thanks on behalf of the Council and City to Jason Lamont for his service an the Park. and Recreation Committee and gave Mr. Lamont a certificate of service and City flag. Staff reports: The City Administrator presented a letter from the City's insurance agent con- cerning the cost of an umbrella insurance policy of I million dollars. The Council decided to have the City Attorney and staff review the umbrella in- surance coverage and report to the Council. The City Administrator reminded the Council of the public hearing on the pro- posed street improvements in Lakeville Hills, and Jackson Heights Additions and Mr. Schneider explained his preliminary iaspection of the sewer systems work had been performed to repair the system in those subdivisions. He stated that in his opinion the repair work was satisfactory. He also stated that he had checked the gravel quantities from the weight tickets provided by the Engineering Consultant. on the utility project.. He was satis- fied with the amount of gravel that was placed za the subdivisions and his es- timate of what theoretically should be on the streets to achieve the quantity called for on the sewer and water project and for his estimates on the street project . At this time Mr. Farrell recommended that the Council authorize him to defend the City against the punitive damages called for in Iaw suits filed against the City by Hughes and McClure. 77.231 .Motion was made by Zaun, seconded by Emond to authorize the City Attorney to defend the City in regard to the punitive damage claims in the law suits of Hughes and McClure. against the City of Lakeville. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. At this time the Mayor announced that there would .be a 9:00 A.M. meeting on May 21 to discuss the Lac Lavon park proposal for, the Cities involved around the project area. -1-, a y ' ~ • • L CITY OF LAKEVILLE COITNCIL MEETING MAY 16, 1977 At this time Mr. Melvin Erickson requested the Council to reconsider their action on his rezoning request. The Council had denied on Apf it 18th his request to re- zone the property to B-2, Commercial as recommended by the Planning Commission. - Mr. Erickson explained that he had not been given written notice of the Council meeting that his request was to be considered at and he felt $e should have the opportunity to present his request to the Council. 77.232 Motion was made by Zaun, seconded by Mako to reconsider the request in the action taken at the April 18, 1977 Council meeting denying the rezoning. Ro11 call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.233 Motion was made by Emond, seconded by Clarkson to place the consideration of Mr. Erickson's rezoning request on the June 6, 1977 Council agenda. Roll call F*as taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Mr. Farrell advised the Council that before the City can vacate an easement as requested by Mr. Bassett a petition would have to be filed from the property owners and a public hearing held in front of the Council. 77.234. Motion was made by Curry, seconded by Zaun to receive the minutes of the May 3 National Resource Committee, May 4 Park and Recreation Committee and May 6 Planning Commission meetiags. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. The Ciay Administrator advised the Council that consideration of the Park Dedi- cation Ordinance and a Curfew Ordinance would be ready for-the June 6,.1977 Council agenda.. Mr. Michael Gannon appeared before the Council concerning his request for a- conditional use permit to conduct an auto sales lot on Lots 17 and 18, Block 2 Fairfield Addition. Mrs. Curry reminded Mr. Gannon that in the future he should first obtain his conditional use permit before making the improvements required by the permit. 77.235 Motion was made by Emond, seconded by Zaun to grant a conditional use permit as recommended by the Planning Commission with the conditions outlined in the. Planning Consultants memorandum. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. At this time the Council discussed the proposed resolution and rules and fees for the rental and use of various City park facilities. The concensus of the Council was that the rental of the park to group activities should be avoided on weekends and legal holidays and that the size of the group should be limited to 200 people or less. Council also stated that the use of hard liquor should not be allowed in the parks, as per other City ordinances. 77.236 Motion was made by Clarkson, seconded by Curry to adopt Resolution 77-29 setting .policy and rules and fees for the use of City parks with the above changes. Ro11 call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Aiako and Curry. 77.237 Motion was made by Mako, seconded by Clarkson to direct the staff to work on an ordinance pertaining to park use by groups. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaua. 77.238 Motion was made by Emond, seconded by Zaun to approve the closing of 207th St. on July 9th for the cow-chip throwing contest during Fan-O-frog, subject to the drive-in bank maintaining egress, and to leave the matter up to the City Ad- ministrator to work out with the parties involved.. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. At this time the City Administrator read the ordinance amending the'Planned ` -2- 5 A • Z CITY OF LAKEVILLE COUNCIL MEETING MAY 16, .1977 Unit Development Ordinance X84. There were questions from the Council concern- ing the application of the Ordinance. 77.239 Motion was made by Zaun, seconded by Clarkson to table the adoption of the Or- dinance and the second reading to June 6, 1977 so that the Planning Consultant can answer the questions concerning the Ordinance amendment. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. The City Administrator presented a letter from Mr. Rosene concerning the amount due on the storm drainage study and a recommendation to complete an interim re- port. The City. Administrator showed some examples of maps done in other communi- ties that would show what would be included in the interim report. It was point- ed out that he funds were budgeted in 1977 City budget for this amount of work. 77.240. Motion was made by Emond, seconded by Zaun to approve payment of $8,585.50 for work done on the storm drainage study up to October 13, 1976 and to approve the completion of an iterim report with 30 copies for an additional amount of $2,823. with .said report to be finished by July 1, 1977. Roll call was taken an the notion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.241 Motion was made by Curry, seconded by Zaun to approve an agreement between the City of Lakeville and the U.S.G.S. for the completion of the ..lake testing for the period of October 1, 1976 to September 30,.1977 in the amount.. of $2,040. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. The City Administrator explained to the Council that there were six property owners whose property had been assessed for the trunk area sewer assessment in the fall of 1976 who have a portiam_of their property on what could be classi- fled as wetlands or swamps. The City Administrator painted out that the staff attempted to identify these areas as best they could and deduct ponds and wet areas f ram the amount of acreage that was assessed to various property owners for trunk sewer. It was pointed out that these areas were overlooked by the - staff at that time and it was recommended that the property owners receive a reduction in the amount of acreage they were being assessed for trunk sewer because of the condition of their property.- 77.242 Motion was made by Curry, seconded by Zaun to adopt .Resolution 77-30 making abatements an a portion of assessments against seven property owners.. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. At this time the City Administrator reported on the status of the utility pro- ject and the contract to McGrand and Frovarp on the north shore of Orchard Lake. .The .City Administrator reported that the staff had met with Mr. Dave Gregerson, an attorney for the bonding company on May 9th and had inspected the entire project at the site. The bonding attorney's opinion was that the company would want to probably take bids on the work remaining and the repair _because of the dollar amount involved. It was also pointed out that the bond- ing attorney had suggested that the City authorize Minnesota Valley Surfacing to finish the street work and repair the streets and pay for that work out of the retainage the City is holding on the McGrand contract. The City Administrator explained that if 1ega13y possible, the City should de- mand the bonding company to handle all of the contractual arrangements and payment for completing this project. The City Attorney and City Administra- tor were directed to work with Mr. Gregerson office to complete the project satisfactorily as soon as possible. The City Administrator reported that if the Council were interested the pro- fessianal personnel consultant should review and evaluate various job descrip- tions and. work being done by the various positions involved with the City of Lakeville. Councilman Zaun asked if the League of Minnesota Cities does now provide some or all of this service and if so, 'the City Administrator should contact .the Leagues office and find out what services are available and if there is any cost. -3- 4 ' • • CITY OF LAKEVILLE COUNCIL MEETING MAY 16, 1977 .The City Administrator stated that he would have a report from the League for the June 6 Council meeting. At this. time Mr. Darrell Schneider showed the .Council the slides on .the 175th Street area of the City and discussed in general the. right-of-way problems and plans for the improvement of 175th Street. Mr. Schneider answered questions from a few citizens who were present at the meeting who live along 175th Street .concerning the width of the road and what property, if any, would have to be purchased or disturbed by the project. The City Administrator recommended that the Council authorize Mr. Schneider's firm to prepare a preliminary report on the improvement of 175th Street that would include a right-of-way plan satisfactory to the Minnesota Highway Depart- went, and°indicate where the City utilities would be located in the roadway. 77.243 Motion was made by Curry, seconded by Mako to authorize Consulting Engineers Diversified to prepare a preliminary report not to exceed $3,000 in cost to include underground utilities locations and including electrical and telephone, and bicycle path consideration for the improvement of 175th Street. Ro11 call was taken on the motion. Ayes, Mako, Curry, Zaun and Clarkson. Nays, Emond. 77.244 Motion was made by Curry, seconded by Zaun to extend the Council meeting beyond the 11:00 P.M. adjournment time. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. The' Gity Administrator recommended that the Council authorize Consulting Engineers Diversified to prepare a preliminary report on the need for, cast of, and financing alternative for iron filtration for the City water. The City Administrator. pointed out that funds for the study were included in the 1977 operating budget of the water department. 77.245 Motion was made by Gurry, seconded by Zaun to authorize Consulting Engineers.- Diversifed to do the preliminary report on iron filtration and report back to the Council on the status of the report when $3,000 had been expended by the Consultant on the project. Roll call was taken on the motion. Ayes, Zaun, Mako and Curry. Nays, .Clarkson and Emond. 77.246 Motion was made by Emond, seconded by Clarkson to adjourn the Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Respectfully submitted, t c Patrick E. McGarvey, City Cler Edward J. Mako, a r k