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HomeMy WebLinkAbout10-03-77 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1977 The meeting was called to order by Mayor Mako at 7:15 P:M. The flag pledge was given . Roll call was taken. Present: Mako, Curry and Zaun. Absent: Emond and Clarkson. Also present: Patrick McGarvey, City Administrator/Clerk; Dennis Feller, Finance Director; James Robinette, Public Works Director; Darrell Schneider, Consulting Engineer; Robert Rosene; Robert Schunicht, Consulting Engineers. At this time Mr. Ron Langness of Springsted, Inc. opened the bids on the sale of $215,000 of General Obligation Improvement Bonds. Mr. Langness opened each bid and read the net interest dollar cost and net interest rate. The low bid was from the First American National Bank of St. Cloud, Minnesota out of the seven bids received. The net interest dollar cost came to $59,060.00 and the net interest rate was 4.7107. Mr. Langness commented that these were excellent bids. 77,504 Motion was made by Zaun, seconded by Curry to accept the bids. Roll call was taken on the motion. Ayes, Mako, Curry and Zaun. Nays, none. Clarkson and Emond absent. 77,505 Motion was made by Curry, seconded by Zaun to adopt Resolution 4177-64 awarding the sale of the bonds to First American National Bank of St. Cloud as recommend- ed by Mr. Langness. Roll call was taken on the motion. Ayes, Curry, Zaun and Mako. Nays, none. Absent, Emond and Clarkson. Mr. Langness commented that this was the best interest rate the City had re- ceived on a bond sale since 1972 according to their records. 77SG6 Motion was made by Zaun, seconded by Mako to receive the minutes of the Advisory Committee meetings. Roll call was taken on the motion. Ayes, Zaun, Mako and Curry. 77. 507 Motion was made by Zaun, seconded by Curry to approve the minutes of the Septem- ber 6th and September 19th Council meetings. Roll call was taken on the motion. Ayes, Mako, Curry and Zaun. At this time Mayor Mako opened the hearing on the Storm Drainage report, Phase I. At this time Councilman Emond arrived and took his chair. Time 7:40 P.M. The Council received and reviewed specif is comments on the report from the Natural Resource Committee and from Mr. Donald Peterson, a member of the Committee who was present at the meeting. The Council members decided that since no one was present who ~rished to see the previous slide presentation concerning the report that the Council would forego it and direct their questions to Mr. Rosene or Mr. Schunicht. Marianne Curry stated she was concerned about some of the content of the Phase T report and also questioned where the data from the U.S.G.S. was, or when it would be forthcoming. At this time Councilman Clarkson arrived and took his chair. Time: 7:45 P.M. Mr. Rosene explained that the U.S.G.S. doesn't have enough data,:. in their opinion, to prepare a full report on the conditions of the lakes they tested and that they had taken their last sample in August of this past summer. The last contract between the City and U.S.G.S. was for the period ending October 1, 1977. He stated that U.S.G.S. would be issuing a technical letter in lay- men's terms. The Council stated that the City should receive a letter from them stating what they intend to provide us and when. -1- i ~ ~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1977 The Council questioned the Engineers cancerning the twa types of methods used in preparing Storm Drainage reports. Mr. Rosene explained that there is the rational method and the hydrograph method. The rational method takes the averages of storms in consideration and the hydro- graph method is tied to a single design storm criteria. He further. explained that their experience is- with the rational method. He also stated that their firm is aware of the items contained in the Barr En- gineering flood study for Lakeville which was based on the hydrograph method. Mr. Rosene explained that the Storm Drainage report, Phase I indicates the ponding areas and where they are needed, drainage ways, and those points to evaluate above and below a particular development area related to storm drain- age. 77.508 Motion was made by Zaun, seconded by Curry to attach to the Storm Drainage re- port, Phase I as an addendum the written recommendations from the Natural Re- sources Committee. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.509 Motion was made by Curry, seconded by Zaun to close the hearing on the Storm: Drainage report, Phase I. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. At this time Mr. Farrell advised the Council that the Attorney representing the private liquor dealers concerning the 27 stadium tax was a Mr. Bill Essling. Mr. Farrell advised the Council that it would not jeopordize the City's legal position by withholding payment on the tax to the State. The Council reviewed the claims for payment. 77.510 Motion was made by Emond, seconded by Zaun to approve the claims for payment in- cluding the three add-ons, with the exception of the check to the State for the liquor tax which was to be withheld. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Staff Reports: The City Attorney advised the Council that the City will be receiving with the monthly bills a status report on the cases they have handled for the City. The City Attorney advised the Council that the case involving the City and Mr. Greaves over the bear will be going into trial in two weeks. He also advised the Council that depositions were being given. in the Schweich vs. Baumgartner case involving the City. The City Administrator presented price quotations for the lumber and materials to reconstruct the hockey rink behind City Ha11. This item was approved in the 1978 City budget. 77.511 Motion was made by Emond, seconded by Curry to approve the low quotation and authorize a purchase order to UBC of Lakeville and other suppliers totaling $1,911.31. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.512 Motion was made by Emond, seconded by Clarkson to grant a variance to Gerald Pelach to construct a new home below street grade. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and,Zaun. At this time Mayor Mako presented an envelope with a letter from Mr. Walter Behm concerning the request of Lynn's Auto Body for an automobile paint booth. Mr. Behm's letter expressed concern .over the odor admission. 77,513 Motion was made by Emond, seconded by Clarkson to receive the letter from Mr. _2_ j a ~ • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1977 Behm and nearby residents of Lynn's Auto Body. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.514 Motion was made by Curry, seconded by Mako to direct the City staff to investigate the appropriate State agencies that might be. involved concerning the odor, or odor control. Ro11 call was taken on the motion. Ayes, Mako, Curry, 7.aun, Clarkson and Emond. At this time Mr. Denver Koffman, an Attorney representing Dr. Gary Jacobson ad- dressed the Council concerning the proposed development of single family houses on five acre size lots in Section 26 west of I-35. Mr. Koffman stated that he and his client ob,~ected to this present City requirement for 10 acre size lots. He stated that they would be satisfied with five acre size lots. Mayor Mako explained why the City had imposed the moratorium and set the ten acre size lots.toMr. Koffman and his clients. The City Administrator explained that he had met with Dr. Jaeobsan on September 30th and advised him the Council would not be in a position to approve any pro- posed plat or preliminary plat until such time as the resolution establishing the moratorium had been changed from its present requirements. The Planning Commission recommended that the Council extend Resolution 4176-49 for up to 90 days to allow the Planning Commission to make further recommenda- tions to the Council. The Council discussed the recommendation. 77.515 Motion was made by Emond, seconded by Curry to extend the moratorium for 60 days. 77.51b There was discussion on the motion and an amendment was made by a motion of Zaun, seconded by' Clarkson to extend Resolution 76-49 for 30 days. Roll call was taken on the amendment to the first motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. The City Administrator was directed to have this item placed on the November 7, 1977 Council meeting, for consideration. At this time the Council reviewed the list of proposed expenditures for Entitle- went period 419 of Federal Revenue Sharing Funds. The Mayor asked if there was anyone present wishing to speak concerning the proposed use. There was no one present wishing to speak. 77.517 Motion was made by Zaun, seconded by Mako to close the hearing on the use of the Federal Revenue Sharing Funds. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.518 Motion was made by Curry, seconded by Zaun to adopt Resolution 4177-65 appropriat- ing the use of the Funds. Roll call was taken on the .motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. At this time the City Council received copies of the existing ordinances con- cerning the Lakeville Fire Department, these ordinances being 4133 and 76. The Council discussed the proposed 1978 budget and the allocation of funds withia the Fire Department budget for the full-time Fire Marshall or Inspector position in the Department. It was pointed out that the existing ordinance already pro- vides for such a position legally. The Council would now be providing funds to make the position a full time one. 77.519 Motion was made by Emond, seconded by Clarkson to establish the funds for a full time Fire Marshall position to be funded on~or after June 1, 1978 as per the City Administrator's memorandum of September 28, 1977. Roll call was taken on the motion. Ayes, Mako, Zaun, Clarkson, and Emond. Nays, Curry. Mrs. Curry stated she had voted no because she felt the functions of the Fire Marshall can be carried out by part time paid Volunteer Firemen. She stated -3- M # ~ CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1977 r that when additional administrative staff was added that we are building a new department. At this time Mr. Lynn Peterson appeared before the Council concerning his request for his body shop building permit. He stated that he had been in operation at this location for five years. He further stated he is the only employee of the shop. Mayor Mako explained how the item had been taken up earlier and that the Council had directed the staff to Look into it. He stated that the item would be placed on the October 17, 1977 Council agenda near the top to take action on. At this time the City Council reviewed the Resolution setting the Fire Relief Association b®nefit for retirement, effective January 1, 1978. Mayor Mako stated that it was his original intention to approve an annual in- crease of $100 in the lump sum benefit each year for the next three years, but that he would support the increase from $500 to $800. He further stated that he would recommend the new City Council make no further increase in the benefit for at least three years. Councilman Zaun stated that he would prefer to see a change in the way the formu- la works so that it rewards those who respond to a greater number of ..fires each year. He further stated he realizes a formula could not be changed at this time along those lines. Marianne Curry stated that she realized the volunteers in the Fire Department were worth an $800 per year lump sum benefit, but she felt that the Fire Depart- ment should settle far either the $800 benefit or the Fire Marshall position, but not both. She also stated she felt the requirements for membership in the benefit associa- tion should include an annual physical exam for all firemen, automatic dismissal if a fireman failed to respond to 30% of the fire calls each year for unsatis- factory reasons, an investigation of allowing to serve beyond the age of 55 be made and that the accrued liability of the pension fund should be published each year in the newspaper for the citizens to be aware of. Councilmen Emond and Clarkson cannot vote on this Resolution as they are members of the Fire Department. 77,520 Motion was made by Zaun, seconded by Mako to adopt Resolution 477-66 approving the lump sum retirement benefit for the volunteer firemen of $800 per year effective January 1, 1978. Roll call was taken on the motion. Ayes, Mako, Curry and Zaun. Nays, none. Abstain: Clarkson and Emond. Marianne Curry stated that it will be impossible to get another raise in bene- fits from her during her next two years on the City Council. At this time the City Council reviewed the Resolution approving the 1978 City budget. 77.521 Motion was made by Emond, seconded by Zaun to adopt Resolution 4677-67 adopting and approving the 1978 City budget General Fund in the amount of $1,403,268. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Councilman Clarkson stated that he felt the next City Council should keep in mind the Police Department was reduced one position due to a resignation in this budget and should be aware of that. 77.522 Motion was made by Emond, seconded by Clarkson to adopt Resolution X77-68 adopting. the 1977/78 Tax Levy in the amount of $724,711. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. Councilman Zaun complimented the other Council members and the staff for what he felt was an effective budget review process for the 1978 budget. 77.523 Motion was made by Emond, seconded by Curry to approve the terms outlined by -4- CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 3, 1977 the City Administrator in a letter to Mr. Charles Wren concerning the extension of sewer service to the east side of County Road 5, and refer the matter to the City staff for operation of the written agreement between the City and Mr. Wren. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. At this time the Council reviewed the final pay request on the Orchard Lake., Phase I utility project for the .contract with McNamara Vivant. Mr. Delzer from the McNamara Vivant Company addressed the Council concerning the comple- tion date and the issue of liquidated damages. ASr. Delzer stated that he felt his company had performed well and had substantially completed the project well before the August 31st completion date. He also advised the Council his com- pany had never been assessed liquidated damages on any project in their 20 year history, and it was a record they were proud of and would not like to see it marred. 77,524 Motion was made by Curry, seconded by Zaun to waive liquidated damages on the completion of this project. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77. 525 Motion was made by Zaun, seconded by Emond to approve change-order ~2 deducting $500 from the eontract with McNamara Vivant. Roll call was taken on the motion. Ayes ,Mako, Curry, Zaun, Clarkson and Emond. 77.526 Motion was made by Emond, seconded by Zaun to approve the final payment to McNamara Vivant in the amount of $14,424.94 and accept the project. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. 77.527 Motion was made by Emond, seconded by Zaun to approve an agreement with the Minnesota Department of Transportation on snow removal assistance. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. The City Administrator advised the Council of the status of the proposal the City had received from Smith Martin Ambulance Service to serve the four com- munities of Burnsville, Apple Valley, Farmington, and Lakeville in 1918, The Council was advised that Smith Martin was attempting to get the necessary subsidy from Fairview Hospital and the remainder from the four communities. If the hospital approves the subsidy the coBnnunities would be paying $1.00 per capita in 1978. The proposal would require two ambulances be stationed south of the Minnesota River at all times. No further action was necessary at this time pending an agreement between the ambulance company and hospital. 77.528 Motion was made by Zaun, seconded by Curry to receive the report. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Mr. Farrell advised the Council that the legal documents for the financial guarantees on the Cedar Highlands plat had not been completed and requested that the items X22 and X23 on the agenda be tabled. The City Administrator presented a request for approval of up to ten election judges at each precinct and that their pay be set at $3.00 per hour for the municipal election on November 8th. 77. 529 Motion was made by Curry, seconded by Zaun to approve the election list with positions for up to ten judges at each precinct with the pay to be set at $3.00 per hour. Ro11 call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 77.530 Motion was made by Emond, seconded by Zaun to adjourn the meeting. Ro11 call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Time: 10:45 P.M. Res t lly 'bmi ed, ~ Patrick E. McGarvey, City Cl k Edward J. Mako, yor