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HomeMy WebLinkAbout09-06-77 CITY ©R'LAREVILLE COUNCIL MEETING SEPTEMBER` 6, 1977.. The meeting was called to order by Mayor Mako at 8:00 P.M. The pledge of aileg- iance to the flag has given. Roll-call was takes. present: Emond, Mako, Curry, Zaun and Clarkson. Also pre sent:. Pat McGarvey, City Administrator/Clerk; Dennis Feller, Finance Director; Jffines Robinette, Public Works Director; Darrell Schneider, Engineering_Consultant Patrick Farrell, Ci y Attorney. 77.447 Motion was made by Curry, seconded by Zaun to approve he Council minutes of the August 15, 1977 Council meeting. Ro1lnailwas -taken_on the motion. Ayes, Mako, Curry, Zaun, Clarkson. :Nays, none. :Emond abstained. 77.448 Motion was made by Curry, seconded by Zaun to approve the claims for payment as .presented,. Roll call was taken on the motion. Ayes, Mako, Curry,_Zaun, Clarkson and Emond: The Cfty Administrator presented two quotes far the purchase of a used air com- pressor, which was included in the 1977 City .budget for the Public W©rks Depart ~snt 77..449 'Me#.ion was<made by Emond, seconded by Curry to approve the purchase of a 125<CF air compressor for $1,500-from Road Machinery Company in Bloomington. Roll ,call was taken on the motion. Ayes, Clarkson, Zaun, Curry, Emond and Mako. 77.450 Motioa was made by :=ko, seconded by Emond to approve change-order ~3 to Gl- Bert;Construction Company for added support under the new cooler in the Liquor .Store. as recommended°by Ackerberg & Assocates`in the amount of $1,365. Roll 'call was taken on the mot on'. Ayes, Zaun, Clarkson, .Emond, Maka and Curry. Mayor Mako broug~!"k to the attention; of the Council that a Liquor Store Committee :meeting should-be csalled to discuss the policy for liquor on the back-bar while the dispensing.-system is in .use. the Committee meetingwassetfor 4:00 P.M. on September 7 1977. The`City Council decided to move~'the budget work session originally scheduled for September ,7th to September 8th at 7:~b0 P.M. The Council also et he next `budget session after that for September_14th and September 22, both at 7:D0 P.M. At this -time a representativQ,of Springsted, Inc.,presented a Resolution calling the sale of General Obligation Improvement Bonds in; the amount of $215,000 to finaace the improvement of streets in Lakevi]~ie'~Tills/Jackson Heights and Jacquard Avenue. 77.451 Motion was made by Zaun, seconded by Curry to adopt Resolution X77-54 author.- izing and approving the-sale of General Obligation.Improvement Bonds.in the amount of $215:,000 for 'October 3, 1-77 et 7:15 P.k~t. Roll call was taken >on th+~~ nitstop.: Ayes, C~.arkson, Emond, Mako, Curry and Zaun. `At this time Mayor ..Mako. opened the hearing which-was continued from August 1 1977 :Council meeting concerning the-proposed `improvement in the Valley Park area for street'light~ng. Mayor Mako called upon~the City Administrator to present a .report on `the a:lternat3.ves available..to the° Council at this .time. The City Admina. trator pointed `out o the Council-that they could continue the hearing once again,. close the hearing, close the hearing and either, order or deny .the project. The Administrator pointed out. that the Council had also `decided tca d3~cicsss the policy concer~.ing how the cost of street Lighting for 'energy and maintenance could be raised in the future, especially with the need for_manymore street lights in the community. The City Attorney advised. the Council that the Council had to make a decision. on the pxopQSed improvement. project within six months from the original hear- ing date which 'was July 21, 1977. Thy City ;i6`.dm~tfstrator pointed. out that it would not be pose ble =at this time t4 4r.:dex the improvement,:;prepare plans and specifications, take bids,:award -1- ` • • -.CITY OF LAKEVILLE . C©UNCI'I. MEETING SEPTEMBER 6, 1977_ the project and construct it beforet~he°winter<.freeze-up `as far as an underground decorative system.. The Council discussed the alternatives and the increasing costs df providing .street lighting once they are nstalled. 77.452 Motion was made by Emond, seconded by Mako to: close the public hearing on the proposed street lighting project in Valley Park and to table a deQision on that improvement until the .first Council meeting in December, 1977. Roll call. was 'taken on the motion. Ayes, Emond, Mako:, Curry, Zaun and Clarkson. 77.453 Motion was made. by Emond, seconded-by Zaun to receive the minutes of the Planning: Commission, the Natural Resource Committe and`the Park and Recreation Committee meetings. ..Roll call was.-taken on the motion. Ayes, Maka~ Curry, Zaun,..Clarkson and Emond. At this time Mr. Bernie'Grubbish from Airlake Industrial .Park appeared .before .the Council with the building and site plans for two new buildings in the park. The Planning .commission recommended approval"of the buildings sub~eet to the 'applicant immediately proceeding to~~:p1at the property on which the two build- ings would be located.. The City Attorney stated that ideally the: property. 'should be planted before approval but that in the past,: exceptions have. been made. '`Councilman Clarkson stated that he--felt the .property should be platted before any approvals are granted for siteplans..or building plans. 77..454 .Motion was made by Mako, seconded by Curry to :.approve the site plans and build- ing plans for diking. Accoustical in Airlake Park... .Roll coil was takes on the motion.`-.Ayes,.. Curry, Zaun, Emond and Mako. Nays, Clarkson:. 77.455 Motion was made by Emond, seconded.. by .Curry to approve the building and situ plans for Forever New, Inc. Roll call was taken on the motion. Ayes, Zaun, Emond,. Mako and Curry. Nays,- Clarkson. At this time Mrs. Wendy Wagner-and her husband appeared before the Council con- cerning their ;request fovea Special Home Occupation permit to conduct'a beauty shop in he house they are purchasing,.. in Valley Park. 77.456 Motion was- made by Curry, seconded by Zaun to<approve the special Home Occupa- tion permit subject to the inspection and approval by the Fire Chief, ,the per- mit to run for' one year from `.the date of issuance. Roll call was taken on the motion. Ayes, Clarkson, Emond,. Mako, Curry and Zaun. 77..457 Motivn was made.. by Emond, seconded by Curry, to grant a'condtional use permit for a garage over 1,000 square feet in size to'~ewis Szabo at 17630 Java Court South. Roll call was taken on the motion. Ayes, Emond, Mako,«. Curry, Zaun .and Clarkson. At this time Mr. Garold Toberman appeared before the~!,CoBxncil concerning his xe- quest for renewal of a conditional use permit for his mobile home sales lot at 35W and County Road 5. Mr. Toberman stated that. he was renting. the property - ` on a month to moath basis: from Mr. Wren°and•he did-:not feelrexgensive permanent .:'improvements should'be made to it in that the property will probably he rede- veloped for a permanentuse in;the near~fn.t~re.` n. .j Mr. Toberman explained that in the future he faou~d guarantee that na more than `19 mobile-units would be on the property at a given time so as to be in com- pliance with the Limits set in the conditional.: use permit. ~ , , 77.458 Motion was made by Clarkson, seci~aded by Zaun to °grant a coa~.ditional use per.- mit to Mr. Toberman o continue operation of the mobile home sales lot subject to the conditions in the last.. permit, especially:. the limit of 19 units with -2- . • . • CITY OF LAREViLLE COUI~CIL:.MEETING SEPTEMBER 6, 1977 this permit to :expire on May 1, 1978. Roll... call was taken .on the motion. Ayes, Mako, Zaun,. Clarkson, Emond Nays, .Curry. Mr. Farrell advised the`Council that in the event. the permit was•,vsolated, the Council could charge; the violator with a misdeeaaanor and/or revoke the cond- tional use permit. The matter would be taken: into the District .Court, 77.459 `:Motion wasmade by Emond, 'seconded by Curry to approve he sign for the Lake- ville High School as requested. by .the School. District. Roll call was .taken on the motion.. Ayes, Zaun, Clarkson, Emond, Mako and Curry. Items No. 13 and 14 concerning the Cedar Highlands. development were tabled be- cause the Administrator advised the Council that the financial security was not available from the developer.. 77.460. Motion was made by Clarkson, seconded by Zaun" o direct the Administrator not to place these items back on the .agenda until the developer pays. the service, fees due the City and presents satisfactory financial security at the time he agenda is being ;written. - Roll call was taken on the motion. Ayes, Clarksan,.Emond, Mako, Curry and Zaun. 77.-461 Motion was made by Zaun, seconded by Curry to receive the 1976 audit from George M. Hansen and Company. Roll call was taken. on the motion. `Ayes, Emond,..:Mako,. Curry, Zaun and Clarkson.: The Council decided to review the; audit at the work session. scheduled for .September` 8th. Mr. Darrell Schneider, P-. E., of Consulting Engineers Diversified presented- the"diagramatics report for the 175th Street utility project consisting of sanitary sewer and 'water along this; road mprovement. 77.462 Motion was made by Emond, seconded ,by Zaun to receive the report.. Rolle call was taken on the motion. Ayes,. Mako, Curry, 'Zaun,.Ciarkson. and Emond., Mr. Schneider indicated that the fetal sewer and water improvements .along the road-if put in now would cost $149,500 and would include service to 9 parcels. He further-explained that for approximately $11,000 sleeves. could .he installed crossing 175th Street and .should prevent future jacking: costs or the cutting... of a. new road f the utilities were dela~red untlofter the road improvement... 77.463 Motion tads madebq Curry,.-seconded by Zaun to include in the 175th Street im- provement plans the sleeves ~racommen:ded 'for the.. future utility extensions across the road. -Roll call was taken on tt~e~motion. Ayes, Curry, Zaun; Clarkson, .Emond and Mako. Mr. Schneider then presented the report on the estimated cost to; pull and repair the existing City well in-the Forest Hills Addition. 77.464 Motion was made by Curry, seconded by Zaun to authorize he'staff to.take quotes on the repair of :.this well,. and make the improvement and pay for the cost out of the water'operatingfund. Roll°call was taken on the motion.` Ayes`, Zaun, Clarkson, Emond, Mako and Curry. The City Administrator and Finance Director presented a report and Resolution and recommended the Counc~l`adopt a':'.schedule for future tax support in the event assessment payments, and connection charges are insufficient to make the bond payments.- In addition, a recommendation was made for the transfer from 'the Utility Trunk Fund to the Bond Fund for 1978 and the tax levy for 1977/78, 77.465 Motion was made by .Emond, seconded by Zaun to adopt Resolution X77-55 approv= ng Che above schedule, transfer of funds, and tax.. levy 'for .1977/78. -3- • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6,, 1J77 _ r- Rolf call was taken.on the motion, Ayes, Clarkson, Emond, Mako,'Curry:and:Zaun. Mayor Mako stated that he felt the City Ctluncl and staf€ deserved credit: for. facing up o the financial needs. of the City in~taking this 'action. 'Marianne Curry also stated that tt~e Coundil and-staff should be commended fore analyzing the City's. debt and taking, appropriate .action. Mr.' Farrell :requested .that item'numbe'r 1$ on `the agenda be tabled to Sep ember S9th to allow him to contact Mr. Clay. Mr. Farrell also advised th`e~Counc3l he had met writh Mrs. Astrid Gola-.and re- ceived an easement on the north side of:l76th Street to allow for the con- - struction of the street. T recommended the Council app?rarpe the payment of $100 to Mrs. Gola for the easement. 77.466 ...Motion was. made by Emond, econded by Curry to authorize the .payment of $100 to Mrs, Astrid:Gola for an easement on the north side-of 170th Street. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 77.467 Motion was made by Mako, seconded by Curry to adopt Resolution 77-56 setting.: - the assessment hearing on the: Orchard Lake utility project, Phase I for 7:30 P.M. an September 29, 1977 at the Orchard Lake Elementary School. Roll call was taken on the motion.. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 77.468 Motion was made by Curry,;'seconded by Zaun to adopt Resolution X77-57 setting: the assessment hearing on: the Jackson Heights, Lakeville Hills, and Jacquard Avenue street improvement ;project for 83Q P'.M. on September 29, 1977 at the Orchard .Lake Elementary School. Roll call was .:oaken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. At this time the Council took up consideration of an Ordinance which would re-- new the franchise for People's--Natural Gas. Mr. L. R. Mohlis addressed the Council representing the company. Fie explained that the present franchise with the City of Lakevi le will expire on December 1, 1977. Mr. Mohlis stated that the company was requesting a 25 year-franchise on the renewal. Several of the Council members-commented that .whey felt-25 years under todays circumstances as ao the supply of energy resources, is too long. Several of the `Council members felt that a ten year. franchise should be the most the C ty should grant at.one..time. '77,469 :There being no other persons in attendance at the meeting wishing to speak on the ordinance, motion was made by Curry., seconded bg Zaun to consider this the f ir~t reading of an ordinance to renew the franchise for ten years with People's. Natural Gas. Roll call was taken on the mot on.. Ayes, Zaun, Emond, Mako, Curry. Nays, Clarkson. -77..47.0. Motion was made by Emond,. seconded by Curry to approve the second reading of Ordinance X110 providing for the issuance of wine licenses and regulat- ing them, and setting the fee for a wine license at $500. per year fora 7 day week. 'Roll call was taken `on the motion. .Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.471 Motion was made by Emond, seconded by.Zaun to designate the City Administrator as the Director for the City of Lakeville to the LOGIS-system andthe Finance Director as the Alternate Director for the City. Roll call was taken on the motion. Ayes, Emond, Mako,;Curry Zaun and Clarkson'. At this time,. Mrs. Judy Briske`adnressed the'Counel and explained the final report on the Northwest Dakota County Group Homes Study Committee. The'Council member's discussed the report'and_the appro~tiriate response the. City.: of Lakeville should take concerning the'`7~eport and the- jzaven.ile problems in general. 77.472 Motion was made by Curry, seconded by Zaun'tb adopt Resolution 77-58 stating -4- CITY OF'LAKEVILLE:COUNCIL MEETING SEPTEMBER 6, 1977 ~Gc o'~ the City's support to the'IIta County Board`of Commissioners to establish ~ an Advisory Committee. Roll call. was taken on the motion. 'Ayes, `Mako, Curry, Zaun, Clarkson and Emond. At this time Mayor Mako issued a proclamation designating the official day of `the. Lakeville. Centennial-in 1978. That date. is April 1. 77.473 Motion was made by Emond, seconded by Zaun to`approve the quotations on the" materials for the City to`seal coat certain streets. Roll call was .taken on the motion. Ayes, Cur~y,~ Zaun, Clarkston, Emond and Mako. 77.474 Motion was made by Clarkson, secoride~l by Taun not to, apply for a grant for lighting on athletic courts. Roll call was taken on the motion.; Ayes, Zaui~, Clarkson:,, Emond and Curry, Nays, Mako. 77.475 Motion was-.made by Mako, sec~anded by Zaua to,ad~ourrr the Council.. meeting. Roll call was taken on the motion. .AyesTEmond, Mako, Curry, Zaun and Clarkson. Time: 11:00 P.M. Respe tfullq ubmitted`, ~ ~ Patrick E. Mc arvey, Cit, Jerk Ed d J Mako .Mayor