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HomeMy WebLinkAbout09-19-77 ~..J it CITY OF LAKEVILLE>COUNCIL MEETING SEPTEMBER 19, 1977 The meeting was called to order at 8:00 P.M. by Mayor Mako. The pledge•.gf allegiance 'to the flag was given Roli call was taken.. Present: - ~mond, Mako, Curry and Zaun. Absent: Clarkson. Aldo present: Patrick Farrell.,, City Attprney; Patrick McGarvey, City Administra- tor; ~9ennis Feller, Finance, Director,. James Robinette.,. Public Work~l~mirector. :Approval of the"Septembery~, 1977 Council~meetng was tabled as they were not. ready, .The Gotsncil reviewed a list~of claims for payment. Marianne Curry .raised the issue.afpaying a 2Y .tax-on the On-Sale_ iquor for the-Stadium Commission. She raised the. question of whether or not the City sh#~uld get involved in the legal case against this ax. - At this time Councilman C1a.rk .Qn arrived and took his chair. 77.4.76 Motion was made by Emond, seconded by 2aun to approve the c aims for payment except the Liquor Stare tax, Claim-~2b2033. Ro11 call was aken on t~e~mot~en.' Ayes,,::.Emond~ Mako, Curry, Zaun and Clarkson. -.The City Administrator was xequested`to send a letter to the Dakota County Delegation to the Legislature and .other metro area Municipal Liquor Store Managers tating tiro City's concern aver this-27 tax. _ . Staf f reports . Mr. Farrell acknowledged receipt ofd a letter from the Administrator requesting a-written repor on the star.ding of various legal. cases his firm is handling for the City. He stated. that. a written report-would .be forthcoming; howeuer, in some cases such'as"juvenile matters, 'the Court`'s decision on .that is pri- vate. The City Administrator brought up the problem of two homes that were recently damaged substantially by fire in the community. In both :cases the occupants 'have: requested the use of a mobilehome to be parked temporarily on their` property u~ttil their'homesscan be 'restored. It was pointed. out that City ordinances do net provide for .this type of a use under these circumstances. Mayor. Mako'explained'that he felt this was a'sufficient.~nough,emergency .that something could and should be done. Mr.-Farrell read a Resolution he-had drafted which would grant a temporary use by hese, two .,property. owners of a mobile home on t~te~.r property. 77.477 Motion was made by Mako, seconded by Curry to adopt Reso~.~tion #~7-59 author- izing Richard Raine at'.16530 Judicial Rm~ad to park a mobile home onhis pro- - perty for up to 90 days o~:unt~a~h3:a,~~:home is repaired, whichever. occurs-the soonest. Ro11 call was-taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 77.478 `Motion was made by Emond, seconded by Zaun to adopt Resolution X77-60 :author- zing Don Hygrell at 17976 Ionia Avenue to park a mobile home on his property for up tp 90 days or until his home is repaired whichever occurs the soonest: Roll ca,h was taken on;the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. 77.479 Motion was made by-Emond, seconded by Curry to approve the issuance of a pur- chase orr3~:~ to Game Time Equipment for $1,274.75 for park equipment in Dakota Heights Park as recommended by the Park Director. -Roll ca21 was taken on the motion: Cayes, Zaun, Clarkson, Emond, Mako and Curry., 77.480 Motion was made by-Curry, econded`by Zaun to receive ,the resignation of John Jojade from the Lakeville Planning Commission. Roll coil was taken on the.motian. Ayes,.Clarkson, Emd, ko, Curry and Zaun.- '....77•/+81 Motion was made by Zaun, seconded ,hp Gurry to,receiv~e the minutes of the September • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER l9, 197:7. l and 15th Planning Commission .meetings; witha correction on page 1 ofthe September lst meeting in`that Cedar :Highlands was not turned down, .and the minu es of'the September 6th Natural Resource Committee and September 7th Park and Recreation Committee;m:eetngs. Roll'.cail was taken on the motion:. Ayes., Emond, Mako, Curry,-.Zaun and-Clarkson. 77.4$2 'Motion was made by Emond, seconded by Zaun to grant a conditional use permit to Sohn Lankas to-construct a garageover 1,000 square feet on his property. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun,. Clarkson and Emond. 77.483 Motion was made by Curry, seconded by Zaun to grant a gravel permit to Mr.,Wayne Field of Rembrandt Enterprises. for: up to IO,000 yards,,with the stipulation that no further gravel can be removed this year until written evidence of the amount already removed''prior to this permit is provided the City._ Roll ..call was taken on the motion. Ayes,. Curry, Zaun, Clarkson, Emond and Mako. At this .time Mayor Mako asked the City Administrator to review the alternatives he had presented-in his memorandum to the City fe,~uncil concerning .the Orchard Lake:-Fhase II and III utility project. The City Administrator pointed out hat this project first had a public hearing on the proposed improvement on Ap~il'~12,.1976 and That :a decision on ordering the project was made on June 7, 1976 under Reso~utan".~~76-26. Due to the additional delay$in;constructing the project because of limited sewage treatment plant capacity, and the estimated cost increase,as a result of this delay, it appears that another public hearing would. be necessary since the project cost would exceed a 25% increase over"the figures given at the April., 19T6 ptablic hearing. . When a project. is legally orderedwby m City Council, the `assessments become pending and. when property is sold mostrhendixg;institutons require either `the buyer ar seller to escrow the estimated cost of the assessment on hat property. At this 'time the Council_dis'euseedtithealternatives and their position.. Mayor Mako stated he_favored moving ahead on this project, especinl].y in light of past prajec s and the concern for cleaning up the City's lake~r~ Councilman Emond stated that he was- not in::~favor of c ung the project at this 'time, due to the City's debt.. position. Marianne Curry stated that she was".not~~fn favor of continuing the:. project due to the City's debt position :and that possible other alternatives are available with .adequate°sewagetreatment.. Councilman Zaun stated that he`'felt because of the City's debt gositian and the.Timited treatment plant capacity at this time .that he could go altang with an additional delay.: Councilman Gl~trkson stated that if the Council terminates th+e prod ect, ;and re- quires people to substantially improve the:Cr septic systems and spend that _ kind, of money, and then turn around and put 3n the sewer im a year or two that it should be of concern a the Council. 77.484, Motion was made by Emond, seconded by Curry to terminate the Fhase II and III Orchard.Lake utility project. A discussion was held on the ~itiom. Mr. Farrell advised `the Council that he thought the motion.'should else include some direc- tiara to staff on further `study in this area. of the. City. .Marianne. Curry 'stated that she felt the City just can't afford this project ..now and that the City still $oes not have adequate treatment--plant capacity. Mr. Steve Johnson was n attendanceat the Councilmeetng,,:and questioned about the long range effects of this decision for the'`groperty owners in `the. Orchard Lake area that felt City ..newer ...and water would be available to them soon. It was pointed out that the Council can call another hearing andbe- _2- • • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 19,.1977 gin the project at the `Council's discretion. Roll' call was taken on the motion.. Ayes, Zaun, Clarkson, Emond and Curry. Nays, ` Mako. At his time Mr: Doug Watschke architect for Ackerberg & Associates, presented the plans for the Antlers Park res room/shelter building: The Gouncil`reviewed the .plans ~iith the.. architect and it was d~eided to add as an<alternate ah'ower facilities in. the wens and womens restrooms. 77.485 Motion was ,made by Emond, seconded bq Zaun t© receive the plans. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Zaun and Curry... 77.486 Motion was-made by Emond,:seconded by Curry to: approve the plans and set the'` bid date for October l7, 1.97.7 at 2:00 P.M. Roll call was taken on the motion. Ayes,: Emond, Mako, Curry, Zaun.: Nays, Clarkson. Mr. Darrell Schneider reported on the progress of the street mprovement project im Jackson Heights/Lakeville Hills ..area and the delays. caused by rain. The .City Administrator stated that Orchard Lake Phase I utility project was near ing completion and would be on the October 3-agenda for final payment and accept- ance. 77.487 Motion was made by Emond, seconded by Zaun to approve change-order 4~1 in the amount of $4-~~82 to McNamara-Vivant Contracting for the Orchard hake utility Phase I project.. Roll calf was taken on tha motion.' Ayes, Mako,.Curry, Zaun, Clarkson and Emond.: The City Administrator ,advised the Council that Mr .'Latham, representing the Cedar Highlands Development., was at the :meeting earlier'in the evening and had stated that it, appeared they may wait until the spring of 1978 to begin develop- meat. The Administrator stated that Mr. Latham.h~d.l,eft a check in-the amount of $2,134.85 with him,aq.pgy_for~all of:the-City~s sexvices on this .plat review to date. :77.488 Motion was_made by-Zaun, .seconded by'Glarkson"to acknowledge 'receipt of the pay- ment on the Cedar Highlands Development`~n ,fhe amount of $2,134.85. Roll call was-taken.. on~the mot~an. Ayss, Curry, Zaun, Clarkson, Emond .and Mako. ~ At this time Mr. D,bug Soule of the Dakota County HRA appeared before the Council to discuss"the CooperatYon Agreement between the Housing. and Urban ::Development, the- Dakota HRA, and the _Cty, of:. Lake~vi~.le t~~.t-.would allow a specific :number ` of homes fo b.e purchased bg the Dakota HRA in the City and rent it out `under a Federal subsidized housng'program.. Mr. Soule pointed out that the HRA would have a lease with the tenant. `Mr. Soule also pointed out that..the Agreement"provides for the payment in lieu of taxes to the City,, County and School District since the property would became government owned. The payment. in lieu of ;tars would be less thanwhat the property would ordinarily pay"if privately owned. Councilman Clarkson asked Mr. Soule if-he knew how many 2.35. subsidized houses are still receiving 'assistance in the .city. Mr. Soule stated that; this is a Federal program `not run through. the Dakota County HRA and he could not answer at .this time. It was a program,:for developers. 77.4$9 _Motion was made by Emond, seconded by Zaun to table consideration of the Agree- ment until the-_October 17, 1977-Council meeting, Ro11 call was .taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. Mr. Farrell read Resolution X77-61 making assessments on lots .owned by Mr. Jatome Clay. :77.490 Motion was`-made by Emond, seconded by Curry to adopt Resolgt3.on ~~77-61.,- ..3. ~r, ~ • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 19 1977 Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako.,. Curry and Zaun. -The City Administrator presenteda list of items that were still included in the proposed 1978 City budget which would total $62,434 in costs and were proposed o be funded from Federal Revenue Sharing funds to be received for the'3978 'City budget. `77,491 Motion was made by Clarkson, seconded by Eri?ond to receive the list of items fromthe.Adminstrator'and Finance D rector for the use of-Entitlement Period ~9 Federal: Revenue_Sharing funds in the amount of ,$62,434. Roll~3.1 was taken on the. motion. Ayes, Emond, Mako, Curry, Zaun and .Clarkson `7.492 :Motion, was made by Clarkson, seconded bq,Mako to continue the-Council meeting. beyond 11.:.00 P.M. Roll. call was; taken on the. mot-ion. ::Ayes,,;-Afaka Curry, Zaun, Clarkson and Emond.'- At this time the Council. took up consideration s~.the second reading of the ordinance granting a franch3.~e:to People's Netta7.'_Gas for 10 .years.. A_ , E Mayor 1~Iako asked if there was anyone present wishing'to have the ordinance read in Nits entirety.' There was no one. 77.493 .Motion was made by Emond, seconded.. by Zaun to adopt: Ordinance 4111 granting a~~ranchise for 10 years to People's>Natura,i Gas company. Roll call was taken on the motion. Ayes,. Curry, Zaun,; Emond=end Mako,, Nays, 'Clarkson. . 77.494 :Motion was made by Curry, seconded by E~aon~ ~.a``r~ceive, the request from All- 'Saints Catholic Church for a bingo event'to be held on October 29, 1977 bn the Church grounds and to approve a npu-z~to~icatng beer license to the Church for their Octoberfes to be held on the Church grounds on October 29, 19.77. w Roll call was taken on the motion. Ayes:, Zaun,`Clarkson, Emond, Mako and Curry. The City Adminis rater presented a list of equipment proposed to be purchased from Computer Election Systems for Votomatic election equ pment The total:. cost of the items came to $13,Q29.50, The City Administrator pointed out that..only this type of equipment, and a arge covered .type voting. machine are certified in the State of"Minnesota. "The Administrator recommended the funds come from the surplus in Federal Revenue Sharing funds for the equipment: Coua~cilman Clarkson stated he felt. paper ballots were still adequate for-Lake- vil~'e and .that thin equipment :was not worth the price, Marianne Curry stated she felt the equipment was necessary for improved;elec- tion day administration and would save the City costs dyer the years. 77.495 Motion was made by Mako, seconded by Curry to authorize and approve the pur- chase'of Computer Elections Systems voting equipment in. the amount $13,029.5fl, to be paid from Federal. Revenue Sharing funds.... Ro11 call was taken on the motion. Ayes, $mond, Mako, Curry and Zaun. Nays, `Clarkson. 77,49fi Motion was made by Emond, seconded by Zaun to adjourn the Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Time: 11:45. Respectfully sub~,itted, r Patrick E. McGarvey, City erk Edw~d J.'to ayor' -4-