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HomeMy WebLinkAbout12-19-77 ~ - x '6 _ ~ n.4.. 4 may. n 9 v'.:" 4. CITY ~F LAI~EVIZLE COUNCIL MEETING l DECEMBER 19, 1977 -The meeting was called tc~~order at B:OO P.M. by Mayor Mako. The`flag pledge was ..given... Roll call was taken. Present: Emond, Mako, .Curry and Zaun. - Absent: Clarkson: 'Also pxesent: Darrell Schneider, Consulting Engineer; Patrick Farrell, City. Attorney;,Robert Rosene, Consulting Engineer; Patrick ~IcGarvey,'City Adtninistra- for/ClerkSteve PZichaud, Park: and Recreation'.Director; Dennis Feller,,Finance Director; James Robinette:, Public Works_Director. '77.636 `Motion way made, by Zaun, seconded by Emond to approve the minutes"of the Decem- -ber 5, 1977 Council meeting. Roll call was .taken on the motion. Ayes, Mako, Curry, Zaun and Emond. 77.637 Motion was made. by Emond, seconded by Curry to approve the claims for payment as presented. Roll call was taken on the motion. Ayes, Curry, 7s.un, Emond and Mako..' At this time Councilman James Emond gave a plaque to Mayor. Ed Mako'in recogni- tion and appreciation for his many years of'.service as a Councilman and Mayor of the City of '.Lakeville from the members of the City Council. Mayor Mako thanked Councilman Emond and the members of the Council .for this recognition and honor. The City Administrator presented Mayor Mako with a certificate of appreciation from the Minnesota Mayor's Association. Staff reports: Patrick :Farrell. reported on the contact he had'made with Vern Donnay concern- ing the .addition of the fence to .the Donnay.Shoppng Center and the lack of curb control in the: parking Iot to prevent people from driving directly onto. Cedar Avenue. He stated that `three sections of curb were going to be placed by Mr. Donnay but that was not satisfactory to resolve the problems nor was. thefence`changed;to any significant degree. He advised the Council that the Council couldfile a,charge for a misdemeanor in an effort to get these prob- lems resolved. The'City Administrator advised. the Council Ghat the. property owner: had. paid the second half taxes on the .property. 77.638 Motion was made by Curry, seconded by .Zaun. to have the Building Inspector and `Police Department review and°make recommendations. to the City Attorney con- cerning the above problem. Roll call was taken on the motion. _Ayes, Zaun, Emond, ,Mako and.Curry. At this time Mr. Farrell .reported on a claim; that Mr. Charles Wren had. been.` making for several months for the City to reimburse him for his attorney's fees in the amount of $21~ co~acerning,the vacation and approval of an ease- ment'across his.ro~erty,at.trre fo~aner City dump site. Mr. Farrell pointed out `that the g~~y had vacated a'da,agonayl: easement°across his property in re- turn for receiving a r~ew uti"lty easezrient on'the boundaries of his property which abut the Brad Johnson apartments. Mr. Farrell's opinion was-:that by vacating ~he diagonal easement across the property, the property owner had received adequate benefi:~t for`-his costs. 77.639 Motion wads made by furry, - seez~rded. by Mako `to_ have the City Attorney corres- pond withs`~r Wren' and his a"~toYt~~y"`ccYn:cerning the fee and to also advise Mr., Wren that. his building which he'is moving from, the Gephart property to -his own proper~y`must~he'comple~ed"its its move in the near :future. Roll "call 'was taken on-the m~ation. Ayes, Emond, Mako, furry and Zaun. At this time Mr. Farrell advised the Council on the status of the Chart House easement settlement-and the claim =for alleged damage to their. driveway by the City improvement project for utilities in that. area. Mr: Farrell advised the Council that an agreement may be near on the easement se tlementbut that the driveway may have to wait until later in the spring to .resolve. -1- Y ~ ~ ~ CITY OF LQK.~VILLE C~L~NC~L° MEETING ~EC~M$ER 19,',..1977 At this time. Mr. Farrell presented: the status of the easement acquisition and alleged damage'. on the Gephart property for-the utility project in the Lake Marion area. He advised' the Council that part..property was ,assessed for two unit charges and that the'Gephart's are claiming that they ...had spent $'659 to repair their driveway and_property,through the sewer, grinder stat-ion being located on it. Mr: Farrell also indicated that there was a legal problem -..concerning the property which involved the .vacation of a-road right-of-way many years ago ,;in: th~.s area. The incomplete .records of the 'vacation of the property"is not entirely clear at this .time. It was the desire of the pro-, perty owner to get <this matter resolved: also. He also advised the Council that. the property owner was claiming there was dranage`problems across his property due to the City road improvement project in the area. 77.640 Motion was made b~'Emond, seconded by Curry to authorize the '.City Attorney to settle these problems and to pay the property owner up to $1,000 for the .settlement;. .Roll call was taken on the motion. Ayes, Mako, Curry, Zaun and Emond. At this time Mr. Darrell Schneider-reported on the'street improvement project 46.77-1 final cost and status of the project. Mr, Schneider reported that the project is not entirely done and that the project :has been suspended until the spring-when the final restoration work can be completed-,during the first' two weeks of decent 'spring weather. '77,641 Motion was made by Emond, seconded by. Curry to approve the final contract in the amount of $171,130'for project 77-1, plus change-order 461, and to approve pay request 463 to'Minnesota Valley Surfacing in the amount of $24,173.8;6. Roll call was taken on the motion. Ayes, Curry, .Zaun, Emond and Mako. ?7.642 Motion was made by Curry, seconded: by Zaun to approve change-order 461 to ..`Minnesota Valley Surfacing in the amount of $"3,678.50, as recommended by Mr. Schneider. Roll call was taken on the motion. Ayes, Zaun, Emond, Mako and Curry. 77.643 Motion was made by Curry,-seconded by Zaun to direct the staff to enforce the ordinance concerning dumping that is presently-going on in an area along' Trunk Highway 50. Roll call was 'taken on the motion. Ayes, Emond, Mako, Curry and Zaun.; Marianne Curry advised the Council and staff that the Department of Trans- portation be advised that the•City. wouldlike'to have bike trails along any future improvements made on Trunk Highway 50 anal along the 175th Street proposed improvement, and that there were funds available in `this Depart- ment<for such improvements.., Marianne Curry also .advised the Council that PERA' ranst funds are available and that-the Ct can contact :Miss Sue Runte at the ' y ~ri~im,~~titg Adv~:~c~y ~ ~o~txcil con.- cerning PERA transit funding..; „N Marianne Curry also bought up the question of placing the City Clerk posi- ton job 'description on'the January 3, 978 Council meeting agenda. 77.644 Motion was made by Emond, s~econ;,ded-by Curry to receive the Advisory Committee. meeting minutes. Rolf call--was talon on, theme mc2tion. Ayes,, Malc,~, Curry, Zaum and .'Emond. Item. 4k 7 concerning- the uarianre request of I~1eil and Candice Okeson; was` tabled as the Planning"Commission h~~l not.made a recommendation.. 77.645 Motion was.. made. by Curry, seconded`byxZaun to approve the site. and building plan for the addition to the Mike Gannon used car ...office at 8745 - 21Dth St. Roll call was taken on the motion. Ayes, Curry, Zaun, Emond and .Mako. 77.64.6 Motion-was made by Curry, seconded by Zaun to approve the site plan for the -2- . , r~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 19, 1977 enlargement of the 1st Lakeville.: State Bank drive-in facility.. Rohl call was. taken on the motion. Ayes, Zaun, Emond, Mako and Curry. 77.647 Motion was made be Emond, seconded by Curry to approve the moving in of.a double` :.garage on"the James Fritz property-at 17720`Kenwood Trail.. Roll-call was-taken on :the motion. Ayes, Emond, Mako, Curry .and .Zaun. The City Administrator presented a tabulation of the three-bids received on he rebidding on the Anlters Park restroom/shelter building. 77.648 Motion was made by Emond,`seconded by Zaun to recevethe'bds. Rolla call was taken on the motion. Ayes, Mako, Curry, Zaun .and Emond. 77.b49' Motion was made by Emond, seconded by Curry to, award the contract to the low bidder, C. 0. Field Company in the-amount of $54,470. Ro11 call was taken on the motion. Ayes, Curry, Zaun, Emond and Mako. Thee City .Administrator"advised the Council of the bids received .for the City. .employee group medical/hospital insurance coverage. The Council was advised that-the'lowestbidders, Blue Cross and Blue Shield and Mutual of Omaha were very close and that the staff would like to meet with representatves`of the companies to .review their proposals. The Council was also. advised that both of the"apparent lowest bidders were substantially below the current City costs. 77.$50 Motion was made by Zaun, seconded by Emond to receive and table the bids on the employee .group medical/health insurance until the January 3, 1978 Council meeting: agenda.: Roll call was tat~en on the motion. Ayes, Zaun, Emond, Mako and Curry. 77.651 Motion was made by Zaun, seconded by Curry to;`receive the bids on the purchase of a 4 wheel drive pick-up truck with. plow for the Park Department. Roll call:raas-taken on the motion._`Ayes, Emond, Mako, Curry and Zaun.: 77.62 Motion was made:'by Curry, seconded'by'Zaun to`award the purchase fora 1977 model Dodge from Rosemount Dodge as recommended by the Park and Recreation Director and City Administrator in `the amount of $6,775. Rolf. call was taken on the motion. Ayes, Mako, Curry, Zaun and .Emond. At `this time Councilman ;Clarkson arrived and'took his chair. At this time the City Gouncil'revieta~d,the proposed agreement with the League of Minnesota Cities for a personnel classification and pay .plan study.. The Council discussed removing tte work estimated in the agreement sa'that the -agreement would readtha.t $3,.200 was the maximum cost for the project. The ` .City Attorney advised the Council that they should request from the League the current h®u'rly expenses for their em,plopees who maywork..on the agree- ment .plus "transpc~rtatiori ..rates. 77.653 Motion was made,,,by Emond, s:ecorided by<Zaun to approve the agreement with the' elimination of the word estimated sbbject to .receiving a list of the hourly expenses.. . Roll call; was `taken-on.the.mo,~ion. Ayes, Curry, Zaun, ,Clarkson~'Emond and.~Iako. At this time the City Council took up the second and final reading of the new Subdivision Ordinance.regulations for. the subdivision, and development of land in the Gity of Lakeville. Mayor'Mako asked. if there was anyone present in; the Council Chambers. wishing the Ordinance to b'e..read in its entirety.: Noone was present making such a request. 77.6`54 Motion was made by Zaun., seconded by Emond to adopt the.: new Subdivision Ordnance• `Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. -3- CITY OF LAKEVILLE COYINCIL MEETING DECENFBEff ~.9 1977 At this time the City Co~nc~;l took up the second and final reading of an ordn- once°amendng Ordinance #~42, Seetion,4.-32-which provides for: a minimum lot s~.ze of five acres .where there is nq public sanitary sewer as set forth inthe ordin-" once. Mayor Mako: asked if there. was_anyon~e present wishing the. ordinance read. in its entirety or any questions about it. There was no one~presei~t. 77.655 Motion was made by Emond, seconded by Curry to adopt the Ordinance providing for a minimum lot ...size of five acres. Roll call 'was taken on 'the motion. Ayes, Clarks on ,'Emond,-.Mako, Curry and Zaun.. At this .time the City Council-.took up the second and final reading of an ordin- ance which would set forth the zoning districts in Dakota Heights 7th Addition, which had previously been approved by adopting a Resolution'n 1975. -Mayor Mako asked if here was anyone present :with questions: concerning the ordinance , or wishing: to have:-it read in its entirely. There was no one present. 77.656 Motion was. made by Curry, seconded by Zaun to-adopt the-ordinance setting forth the zoning die riots in the Dakota Heights 7th Addition. Roll call was .taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. ,At this time the Gity Council reviewed the wrtten:letters received from Mr. `.Schneider and Mr.'Rosene concerning various improvement projects. The_Council also reviewed letters concerning the final acceptance and approval-of the final payment for three of the contracts on the Liquor Store improvement from Mr, Watschke of Ackerberg & Associates.- The Orchard Lake utility project constructed. by Richard-Knutson, Inc. was not 'recommended for acceptance until the claim with the Minnesota Department of Transportationconcerning alleged damage 'to Interstate 35 is resolved and items listed in Mr. Rosene and,Mr. Schneider `'s letters have been resolved by -the contractor. Final acceptance of the Dakota-Heights street 'project was not recommended for acceptance until the, question concerning contractor's responsibility for repair of the intersection of 178th St. and Isleton is resolved,. The Couneil requested .that>the Engineer and Attorney make`a recommendation concerning this problem area. 77.657 Motion was made by Curry, seconded by Zaun to refer to'the staff for recommenda- tion by the Attorney, and Engineer the question of what to do with`178th Street and Isleton. Roll .call was aken on the motion. Ayes, Mako', .Curry, 'Zaun,,.Clarkson and Emond. Final acceptance of Fire Station 4~2 was not recommended as some af'the items on the punch ist'stll have-.not been taken care of by, the. contractor: Mr. Rosene was to arrange a meetingwith the contractor and City staff and Committee to, meet .and resolve these matters at the Fire Station. Final acceptance of :the-Mater foster station was nat recommended until the Re- deve].optnent of .Well ~~4 wi'th the surge tank can be completed and .:concerning valves in the boosterstaton'are resolved. 77.658 Motion wad made by Emond, se~anded bq Cu:~'ry to approve the sixth and final pay- ment to Hoffman Electric'and,aecept tie project for the Liquor Store,"in the amount of .$.408.66. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 77.659 .Motion was made-by `Curry, seconded by Zaun to 'approve the fifth and final payment in the amount of $1,000 .and accept the project'in the Liquor Store project from ,..,the Country Cabinets and `Millwork' Cd~npany'. Roll"call was taken on the motion. Ayes, Curry, Zaun, Clarkson,. Emond .and Mako. ' 77.660 Motion was made. by Zaun,_seco~ded,Flxy-(;urry'to approve change-order ~~4 with the Gilbert Construction Company, Int. deducting $248.93 as'credit fob-work not re- 4 • • CITY OF-LAKEVILLE COUNCIL MEETING DECEMBER 19 1977 - quired under. the original contract 'for the Lquor_Store,improvement. Roll call was taken on the motion.. Ayes, Zaun and Clarkson, Emond, Mako ar~d Curry. 77.661` -Motion was made. by Curry, seconded by .Zaun to approve the-fifth anal final, payment to Gilbert Construction Company, Inc. for work on the Liquor Store in the amount of $15,31:5`.82 as recommended by, the architect. Roll'call,wastaken on the motion. .Ayes, Clarkson,. Emond, Mako, Curry a.nd Zaun. 77.662 Motion was. made by-Zaun, seconded by Gurry to receive the Sewer System Evaluation, Study, Phase L interim report-which was presented by Mr. Rosene. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Marianne Curry questioned about what the City can do to require pooxly;maintained private°sewer systems in'the~mobile°;°home parks. to `be repaired. It was suggested :.that.-one way would be to require a meter be:put on the sewer line exiting from the park so that any infiltration in addition o the normal sewage would be meterad and tilled'for.. 77.6:63 Motion was,. made by Emond„ socpnded by Zaun to-refer the SSES interim report to he Metropplitan.Was1`_e G~ontrol commission,. and other bodies as required by the :.contract-between `the City and the MWCC. Roll call was taken on ~ v~oti~on. Ayes, Mako, ,Curry, Zaun,` _Clarkson and Emond. At this time; the ;Council took up consideration 'of a Resolution which would es- tablish certain salary end wq,ge rates and benefit changes for City emp ogees. .Mayor Makp stated t~h~ it haci-been brought to his ,attention that .not all of the 'employees in the Oroup III', City Hall office/clerical group understood what was included in the._,Resolution or was .being recommended. for each 'of them. The Council ~isc~assed the 'matter grid decided that .that. group could be omitted from the Resolution to allow more time for negotiation. The Administrator. a~dised `the ~ounei~ that the Street Superintendent had agreed to 'accept the Adminstrat?o`r's recommendationof a salary of $17,70C for 1978,. This. left the one staff position concerning the Park and Recreation Director: for discussion as there was no.t..agreement between the Director and, the City Administrator.:in the recommendations to the Council. .7.7.664 Motion was made by Curry,. seconded by Mako to adopt Resolution 477-75,approving salary and wage rates and benefit changes for,all-employees except' the. Group III, Park .and Recreation Director and the Fire Training Officer. Roll....call. was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. At this time Mr: Michaud addressed the Council concerning his request for a larger salary increase than the recommended salary,of $17,700 presented by the City Administrator. The Council discussed the request with Mr. Michaud. 77.665 `Motion was made. by Curry'seconded by Zaun to set the Park and Recreation Drec- torts salary at $17,700 for 2978. Ro11 calX was taken on the motion. Ayes, Zaun, :Clarkson, Emond, .Mako and Curry. 'The Council decided. to let the Fire Training Officer position go until the Fire Aepartment has, its annual mee ng in January. 77.666 Motion was made by Zaun, seconded by Curry to adopt Resolution ~~77-76 setting the 1978 utility operating fund budget.. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.$67 Motion was made by ,Emond, seconded by Curry to approve_appropriatons transfers and adjustments as per Mr. Feller's memo-to the City Council and to designate the `1977 revenue sharing ..and anti-recession revenues for use for current Police Department expenditures. Roll'ca11 was taken on the motion. Ayes, Emond, Mako,'Gurry Zaun and Clarkson. -5- ~ t ~ • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 1'9, 1977 At this time, Councilman Zaun gave the Council a'report:of a=Liquor Store Committee meeting. Mr. Zaun recommended the Council approve the purchase>of anew color tele- vison for the Liquor Store tQ replace a worn out unit. He also advised the Council that the Committee suggested the Council take a look at the operating hours of the On-Sa1e_operaton and compare them to the revenues generated during certain hours especially from 9:00 in 'the morning-until 11:40 in the morning on, week days. 77.668 Motion was made by Curry, seconded by Mako to approve the purchase of a color television from Gepharts'for the Liquor Store in the amount of'$465. Roll call was taken on the motion. Ayes, Mako, Gurry, Zaun, Clarkson and Emond, At this-time the Council `took up consideration of the gravel ;permit renewals; for the"grave]: pit operation.. They also discussed Ordinance.~~104`and Mr. Robinette suggested `that the Planning Commission and Council should review the ordinance `_to~find out whether'"any .changes are: necessary. 77.b69 Motion was made by Emond, seconded by Curry to extend the gravel permit renewals `for `Denny Dunham, River Warren'Aggregates, Chas. M. Freidhem Co., Nord' c Square, ..Midwest Asphalt Corp., and Elizabeth Seely for 9Q days to allow the Planning `'Commission and new City 'Council. to review the Ordinance ~~104 Ro11-call-was taken on the motion. 'Ayes., Curry, Zaun, Clarkson, Emond and.TMlako.'` At this-.time the City Council: ook up consideration of -the garbage and.:rubbish haulera license renewals, Two citizens were.present who stated, that they had problems getting large amounts of leaves from their heavily wooed lots remov- 'ed by the haulers and that part of the prob]~em was due to the. burning ban in the area. Mayor Mako su:ggested-that~t~iey might wish to take this problem to !'the Natural Resources Committee for that Committee's review and possible recom- mendation. 77.670 Motion was made by ,Zaun,: econ~ie~d by Em©nd to approve the garbage ..and rubbish haulers license, renewals `for Browning=Ferr~~ Industries, Richard A. Clemmer° DBA Dick's Sanitation, Carl W. Duede DBA D ~ ~ Hauling, Knutson Rubbish%Se-r- vice, Lakeville Sanitary Service', Nisgood Co., Town & Country Disposal, Valley Sanitation, and Ab1e`San.tation. '~to11 call was taken`on the-motion.. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.671 Motion was made by~Cla~-kson; seconded by Emond to :approve the beer licenses for Sea Girt Inn, Buckboard,. John's Tavern, Enggren's,..Lakevlle Bowl, Ole Piper Inn -.and Maggies T.a~p': ` Roll call was .oaken on he motfln, Ayes, Clarkson,: Emond, Mako,-Curry 'and Zaun. ,77.672 Motion was made by Curry, seconded,by. Mako to have the taff.,investigate and- make'°a recommendation concerning the improvements which could be made for safety on 168th: Street. near the': railroad biaduct. Roll call was aken on the motion. Ayes, Emond, Mako,'-Curry:,. Zaun and `Clarkson. ...77.673 Motion was made. by Emond, seconded by Curry to approve. cigarette licenses for Ole Piper Inn; Sea. Girt Inn; Enggren's Tom Thumb, 8333.-210th St.; Tom Thumb, 17450 Kenwood Trail;' Tom Thumb, 16490 Cedar Ave.; Maggies Tap; John's Tavern.; Erickson Drug; Honeywell Country Club; Country .Kitchen;:Chart House; Engineered Specialties; Menasha Corp.; V.F.W. Club;.. Farmers Union Goop. Roll call was taken on the motion. .,Ayes, Mako, Curry, Zaun, Clarkson and Emond. "At this time Mayor` Mako gave a report on` the progress made to date with the Centennial Committee in planning the 197.8 Lakeville Centennial. .Mayor Mako reported that the written history-is well under way and-there will be a book printed of about 175 pages in length. He stated that"the Committee will be` coming before. the Council in January concerning the underwriting ,of the book publishing cost. He also stated that the tapes and slides are about completed. He also requested that the Council include in the first newslet er in 1978 the page concerning the Centennial. -6- t CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 19, 1977 Mayor Mako reported that the logo's concerning the Centennial had been received and that .the. Committee is recommending the logo drawn by Debbie Larson.. be select- ed as the-official Centennial logo. :77.$74 'Motion was made: by Clarkson, seconded by Zaun to adopt the logo drawn up by Debbie Larson as the official Centennial logo and to be used where appropriate on Gity letterhead and envelopes for 1978. ..Roll call was taken on the motion. Ayes, Clarkson, Zaun,.Curry, Einond-and Mako. At this time Councilman Clarkson had to leave the meeting to 'go to work. The City Administrator presented a lis of positions that the staff requested the .Council to approve for submittal to the Dakota County CETA office. The ' City had been advised by the .Dakota County CETA that new funding would be available ,in 1978,. fir public .service positions for up to 12 months in duration. The Administrator presented the. list with~the staff's requests which showed the suggested priority. The .Council discussed the requests and several members stated their concern that the City staff fully realized that some if not all. of these various positibrr"s can~.ot and will not be sustained by the City when.- ever'the CETA. funding terminates. 77.675 Motion was mach by Curry, seconded by Zaun to approve the list of CETA position requests presented by the,,. City,Administrator for submittal to the Dakota County CETA. office. Roll call was taken on the.m+otion.. Ayes--, Cprry, Zaun, Emond, and Mako. 77.676 Motion was-made°by Emond,-'seconded by Mako to'adjourn the Council meeting. Roll call was taken on the motican. „Ayes, Emond,-Mako, Curry and Zaun. Time:. 11:05 P.M. Respectfully submitted, Patrick. E. McGarve City C k Gordon Leksan. Mayor _7_