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08-15-77
`4 • CITY OF LAKEVILLE COUNCIL MEETING" AUGUST 15, 19.77 The meeting was called to order at 8~~00~PEM. by~Mayor Mako. The. flag pledge was given. e Roll call was taken. Present; .Mako, Curry, Zaun•aatd Clarkson. Absent.:. Emond. Also present: :Patrick McGaryeyryGity Ada~inistnator~Clerk; Dennis Feller; Finance Director; Steve Michaud, Fark and Recreation Director; James Robinette, Public t~orks Director; Darrell Schneider, Consulting Engi~heer. 77.~T0:_.: Motion was made by Zaun, seconded by Curry to approve .the minutes of July 18, 1977 Gouneil meeting.:. _ . :Roll call 'was ..taken on the motion. Ayes, Mako,, Carry, Zaun and Clarkson. 77.411 Motion was made 'by Curry, seconded by Zaun to approve the minutes of the July 21, 1977 Special Council meeting. Roll call was taken on'the motion. Ayes, Curry, Zaun, Clarkson and Mako.. .:77...412 Motion was made by Zaun, seconded by Curry to approve the minutes of the August 1, 197T Council meeting. with one correction to show the. arrival of, Councilman Clarkson at the appropriate time ,during the meeting. Roll<call was taken on the motion. Ayes, Zaun.,.. Clarkson, Mako and Curry. At this time Mayor Mako asked Dee Christoffers to step forWSrd and he presented -her with a•Certificate of Bistinguished Service for her service to the .City ott the Park; and Recreation Committee. Mayor ..Mako .thanked her for her contribution. 77.413 Motion was made by Zaun, seconded by Curry to approve the claims for payment as presented except-check 401607 to Bonestroo, Rosene for the storm 'drainage study until after the hearing on it has been held:. Roll call was taken on the motion. :Ayes, Clarkson, Mako, Curry and Zaun. At this time Mr: Bob Pulscher of Springsted, Inc. opened the bids with the Clerk for the sale of $1,250,000 of General Obligation Improvement Bonds to refund the $1,460,000 temporary improvement bonds of January 1, 1975. Four bids were xe+ ceived and tabulated. 77.414 .Motion. was made=by Zaun, seconded by Curry to receive the bidg. Rolf call was taken on the:: motion. Ayes, Mako, Curry, Zaun .:and Clarkson:. At this time Mr. Pulscher recommended that the City Council appr©ve the Resolu- tion awarding the sale to Bank~orthwest as the low bidder. Mr; Pulscher comment- ed .that by selling temporary bonds in 1975 .when the market bond interest was higher refunding them:'that the City .was saving approximately $192.000 in interest on this amount of money due to the more favorable interest rate at this time. 77.415 ;Motion. was made by Curry, seconded by Zaun to adopt Resolution 77-51 awarding the sale of the $1,250,000 General Obligation Improvement Bonds to Banla;No~thwe~t Roll call was taken on the motion.. Ayes, Curry, Zaun, Clarkson and Mako. Staff reports: At this time the City Administrato.represented a written report to the City Council concerning an audit of the City books of January 1 1972 to December 31, 1976 had been requested by a petition signed 'by several hundred Lakeville residents. The. Administrator reported that the County Auditor had received the petition. and had checked the names for a sufficient number of taxpayers and. had forwarded on to the State Auditor.` The State-Auditor reported that the petition .had been received and that they would;'be making contact probably in September with the petitioners con earning their specific concerns. Mayor.:Mako pointed 'out thaw the City: has ins entire books audited every gear by a private auditing firm,. which is one of the larger and best qualified in the amain Cities, the George M. Hansen Company. He fated he felt this was a dupli- cation of eff©rt and waste. of tax ~lallars which the: State Auditor will have to be paid for his.: services. 77.416 Motion was made bq Zaun, sec~€mmdad by.,Curry to authorize'the expenditure of $50 ,l- • .CITY OF LAKL~IILLE COUNCIL MEETING: AUGUST 15, 1977 ~ for the Centennial Committee tso finance prizes for a slogan for next year's Centennial. -Roll call was .taken on the ':motion.,-Ayes, ~Laun, Clarkson, Mako and Curry. At this time Steve Michaud explained to the Council the purpose and amounts of three:grant:.-requests he was. making to the State of Minnesota for various trail developments. The local costs nvolved are handled through .various contribu- tions from civic clubs through labor and materials. 77.417- Motion was made by Zaun, seconded by .'Curry to authorize the Mayor and Clerk to sign the three grant app ications o the State for the: ski.. and snowmobile trail developments. Ro11 call was taken on the:. motion. Ayes, Clarkson, Mako`, Curry and Zaun. At this time Pat 'Farrell informed the Council of a suit filed against the City by John Baumgartner asking ,for a restraining order and temporary injunction against Joseph Schweich on: the relocation of three homes which had been approved - by the City. 77.418 Motion was-made by Curry, seconded by Zaun to authorize. the. City Attorney `to defend the-City in this suit. Roll call was taken on the motion: Ayes, Mako, Curry, Zaun and Clarkson. Mr. :Farrell presented `a check from the Fisher Construction Company in the amount of $4,500 on the settlement. between the City and Companyforthe sewer, line that was installed from the Lakeville Middle.School to`the Lakeville Treatment Plant. At this time Mr. Darrell Schneider presented the problem to 'the Council concern- ng the right-of-way and street location of 170th Street. Mr. Schneider-explain- ed that the'Gola Heights plat had. been platted in error and that the progerty owner on the south side of 170th Street at the corner of 170th and-County Road 5:believes the City does not own the right-of-way which the City claims. 77.419 Motion was made by Zaun, seconded by-Curry to direct-.:the City-:Attorney to resolve.. this right-of-way dsputeand report to the City Council. Roll call was taken on the motion. Ayes,' Curry,- Zaun, Clarkson arid' Mako., _At this time Mr Darrell Schneider reported to the'Council on the sewer odor problem from the force main from Orchard Lake. He:reported that the odor prob- lem has lessened"as a`result of the venting stack -the City installed. However, _the problem has not been entirely eliminated and it was Mr. Schneder's recom- mendation that a 30. day trial use of chlorination at the Orchard Lake lift sta- tion be implemented as per the terms outlined in a.letter from Mr. Rosene a few weeks before. It was. explained that it will take a few weeks once. the :.chlorine has been introduced to the aewage to allow it .to have its full effect. I'f the chlorinization has a beneficial effect, the Citq would purchase the'chlornza- lion equip~maztt.and keep it in use until such time that the flow through the force-main s of a magnitude that the problem will be eliminated. 77.4:20 Motiom was.'made by Mako, seconded by Curry. to authorize the installation_of the chlorine equipment at the Orchard La~Ce li£t station as per the conditions out lined in Mr. Rgsene's letter. Ro11 call was taken on the motion. Ayes, Zaun,, Clarkson, Mako and-Curry. 77..421. Motion"was made by Zaun, see4t<ded by Mako to receive the minutes o£ the August' 2 Natural Resources Committee, August 3 Park and Recreation Committee, and ,August`4 Planning Commission meetings. - -Roll call was taken on the motion. ,Ayes,~Glarkson, Mako, Curry and'Zaun. 77«422 Motion was-made: by Zaun,"seconded by,Cu~ry to instruct Lhe City staff to acquire land for a bike trail.. along the railroad .tracks .to -Antlers Park. Roll call was taken :on the, motion. Ayes, Mako, Curry, Zaun and Clarkson. 77:423 Motion was made by Zaun, seconded by Curry to direct the staff to review the Storm Drainage report, Phase I with the Natural Resources Committee=_a~xtd"P1ann~g ' ~2- • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 15.,..1977 Commission. Roll call was Laken. on the ,motion. Ayes, Curry:, Zauri.;-Carkson and Mako. 77.42& Motion was made by Curry, seconded by Zaun: to aet the storm Drainage study Phase I hearing on the October 3, 1977 Council ,agenda at 7:30. Roll call. was taken. on .the motion. Ayes, Zaun., Clarkson:, Mako and Curry. '77.42.5 Motion was made_by Curry, seconded by Zaun to grant'a conditional use permit for the keeping of hay, .horses,. and trailers only in agarage-.larger than: 1,000 square feet on property owned by Mr. Hoese located at 10984 Qrchard Trail ,West. :Roll call was taken on the motion. `Ayes, Clarkson, Mako, Curry, and Zaun. Mr. Hoese was in attendance at the meeting and agreed to these conditions. At this. time the City Council took up the request to issue a building permit for Lynn Peterson to add on to his body shop located near 175th Street and Highway 50: The'City Administrator reported that hnw body shops where painting is done must comply with various fire: code standards. After a considerable discussion; the GouriGl~•decided o table'the matter to permit the staff; to contact the State Fire Marshall's office and building officials for further clarificstis~n and direction on cb~ripi~.ance~. 7.7.426 Motion. was made by Curry,. seconded~by Zaun to authorize: the City Administrator to contact~he State Fire.: Marshall to'clarify'~state; aw required on the con- struction of paint booths and ventilation. ~ Roll call was taken on the motion. „ ~syes, I~ako> Curry, Zaun -and Clarkson. At this tune Mr. Bernie Grubbish of ~the(Arl$ke~Industrial Park presented site and building. plans for two new buildings ia. the parka 77.427 Motion was made by Zaun, seconded by_Clarkson to .grant a bu.~,l.dng permit for Gunnar Manufacturing building for a i~.a;chix~e shop. Roll. call was taken on the motion. Ayes, Curry., Zaun,. Clarkson and .Mako'. 77.428 Motion was made by ,Curry.,; seconded by Zaun to grant a building permit for a multiple use building known as Hawthorne Park. Ro11 call was taken on the. motion. Ayes, Zaun., Clarkson, Mako and-Curry.. At '.this time the City Councilxeviewed the building plan for arestroom/shelter building which the Jagcees'wish to `build and donate to the City in Aronson Park. Rep~aresentatives of the Jaycees-stated that they will build the building furnish- - ing labor and materials, howev+dr, they would not be .able to afford the well,... eptic;system or holding tank mid electrical service to the building. 77.429 Motion was. made. by Zaun, seconded by Curry to approve the building and site plan for the restroom/shelter building: in Aronson :Park to built and donated to the Citp by the Lalcaville Jaycees, Koll call was taken on the motion. Ayes., Clarkson,. Mako, Curry and Zaun. At this time Mr'Steve Michaud. gave-a written and oral report concerning the improvements proposed. for .the Dakota'Heights Park."` Council then discussed the .improvements wfth Mr. Michaud. 77.430 Motion was made by Carry, seconded by Zaun to authorize and approve the'improve- ments for Dakota Heights Park as recommended by the Park and Recreation `Director in his written report. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun .and Clarkson. At this time Mr. Darrell Schneider presented a written report concerning the location of sewer and water utilities in `the '175th Street area: that is not .presently served.. Mr. Sci~ir.eider's report recommended thsa a trunk water main should be.extended:.from Ionia Avenue West to`JOnqul Avenue on 175th Street to -3- i CITY OF LAKEVILLE COUNCIL MEETING AUGUST 15, 1977_ provide service to the Jersey Way and Java Court areas which now exist on a small formerly private well, and-to the Jonquil Avenue intersection. When sewer and water is installed for the homes on Jonquil Avenue the water atera_1 would connect` to the trunk line at that intersect on. 'Mr. Schneider estimated the total cost of this water trunk at $46,OQO. The Council and staff discussed the proposal, the cost, and the amount of this cost that would have to be`paid for from the utility trunk funds since where is very little land-along this road:: which this line would benefit as a .lateral to be assessed on a front-foot basis. 7.7.431 Motion was made by Clarkson, seconded by Zaun to receive the report from the Engineer on the 175th'Street'.utilities. Roll call was ta~een on the motion. .,.Ayes,. ,,Curry, Zaun, Clarkson and Mako.- 77.432 Motion was made by Gurry, seco~tded by Mako to fo-Ilow alternate ~2 reco~nendec~ in the report from Consulting ~ngirieers Didersi~ri:ed:on the 175th Street area utilities.:, for the installation of the dater main and: to order a"prelim.in.ary report:. Ro11 call was taken on the matic?n." "Ayes~~Zaun, Mako and Curry:.. Nays, Clarkson. Mr. Schneider reported that the right-of-way plan previously approved by the City Council for the 175th Street improvement had been approved by the State Highway Department. R" 77.433 Motion was made by Curry, seconded by Mako to ,authorize and direct the City Attorneq - to begin the .acquisition of the`ne¢essaryr3.ght-of-way to make the 175th Street im- provements. Ra11 call was taken on the motion. Ayes, :Clarkson, ~ko, Curry and: Zaun. The City Ad~ttinistrator reported that Dr. Jacobson had called and requested that. 'consideration of his sub-division on five acre lot size west of 35W be'tabled until;~ctober. At this time the City Administrator opened' the public hearing oa the proposed use of Federal Revenue Sharing funds ,during 19.78. `The Council r+wiewed a list of suggested -items from the Finance Director and City " Administrator for the':use of these-funds.' 77°.434 Motion was made by Curry,"seconded by Zaun to_continue the hearing until Septem- ber 19, 1977 Council meeting. Roll. call was taken on the .motion. Ayes, Mako, Curry, Zaun,. and Clarkson. The City Administrator presented a proposal for... the new sign in front of the " Lakeville Liquor'Stare from"the architect and two price quotations he had re- ceived from two different sign companies. 77.435- Motion was made by Curry-,:seconded by Zaun to authorize the Administrator to issue a purchase=order to`Nordqust S gn Company in .thee amount of X2,017 for. the purchase and installation of; this sign. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson and Mako. 7J.436 Motion. was, made by Curry, seconded by Mako"to continue the meeting beyond 11x00 k`.M. to finish the items on the agenda. Roll call ;was taken on the motion. .Ayes, Clarkson, Mako,:Curry and°Zaun. At this time the City'Admiu.istrator<presented achange-c?rder on the, Country Cabitaets contras fore the furniture in the Liquor Store, and recommended that the Council approve the purchase of tables and chairs fore the lounge area, new bar stools,, the existing-.and extended bar area, and one new booth for. the front lounge area with a table.` The Administrator pointed out hat these items; could be purchased.wthin the `budget originally established for the entire Liquor Store improvement pro3ect :because the Gity had .saved funds on various other items to date. -4- CITY OF LAKEVILLE COUNCIL .MEETING AUGUST 15,'1977.. 77..437 Motion was made by Mako, seconded by Zaun to approve change-order 4~1 to Country Cabinets to purchase 12 tables, 48 chairs, 35 bar stools, and one U=shaped-booth. witha table im the amount of;-$6,688.51. Roll call was taken on the motion. Ayes, Mako, Zaun and Clarkson. Nays, Curry. Mrs. Curry stated that she did not feel the City could go first-class. :77.438 Motion was made by Zaun, seconded by Curry to receive the proposals from ambu- lance`companies for service to the City in 1978, with a subsidy. Roll call was taken on the motion. Ayes., Curry, Zaun, Clarkson and Mako. 77.439' Motion was made by Curry, seconded by Zaun to request Dakota County by adopfing Resolution X77-53 to pass on to the :City $1,0©0 in planning assistance:-funds. Roll call_was taken on the motion.. Ayes, Zaun, Clarkson, Mako and Curry. 77.440 Motion was made by Zaun, 'seconded by Curry to adopt Resolution 477-52 assessing parcels of property owned by three parties that were deferred in December, 1972, as per an agreement-with the City Council at that time. Roll call. was taken on thee. motion. Ayes, Clarkson, Mako, Curry and Zaun. Adoption of the 'Resolution assessing property owned by Mr. Clay was tabled until September.'6th Council meeting. The City Council discussed the'work sessio4~ dues for review of the proposed 1978 City budget and set August 23rd at 7:00 PM:, Agust~~3lst at 7100 P.M.> and,Septem- ber 7th at 7:00 P.M.;as the review dates at this tame. .77.441 Motion was made by Curry, seeonded b'y Zaun to approve any assessment abatement as recommended by Dakota :County Assessor's gffice. . ..Roll call was taken on the motion.. Ayes,~Mako, Curry, Zaun and Clarkson. A review of the Storm.Drainage r+~po~t-was't~abled un~,3~ tt~e October hearing. The 'City Administrator reported' to the Couu.cil that the County Auditor had ad- vsed him .that the City could submit its-:new assessment. roll up.to'October 10th,, and that the 30 day payment. period for"any prepayments could run after that date with the payment` deleted from the rr?11 xt the ,~md of the "30 days. x Council decided that the assessment hearings would be cabled for September 28th, and the Resolution setting. the hearings would be placed on the`September 6th Council meeting .agenda. The City Administrator presented an Ordinance which would' license and regu~.atecv the sale and consumption of :wine 'in .restaurants... The Council reviewed he Or- dinance and the requirements set: forth within it. 77.442 Motion was made by Curry, seconded by Zaun to consider this the first reading , of the- Ordinance.: Roll-call was taken on the mot on. Ayes, Curry, Zaun, Clarkson and Mako. 77.443 Motion was made by Curry, seconded by Zaun, to receive the application of `Steve Storle fora appointment to he Park and Recreation Committee. Roll call was taken on the motion. Ayes,-Zaun, Clarkson, Mako and Curry.. 77.444' Motion was-:made by Curry, seeonded by Zaun to appoint Mr. Steve.'.Storl,ie to fill the unexpired term of Jason Lamont, whose term would expire on ;January 1,, 1929. Roll call was taken on the motion. Ayes, Clarkson, Mako,.. Curry Nand Zaun. 77.445 Motion was made by Curry, seconded by-Mako to receive the report from the Northwest Dakota. County. Group Homes ~ udy Committee and refer it to the Youth Advisory Committee for recommendations. Rollcallwas taken on the motion. Ayes, Mako; Curry, Zaun and Clarkson. -5- i • CITY OF LAKEVILLE COUNCIL MEET"~1 AUGUST 15,, 1977 .77.446. Motion was made'by Zaun, seconded by'Curry to ad3ourn the .Council meeting. Roll call was taken on the motion. Ayes, 'Curry, Zaun, Clarkson and Marko. Time:: " 11:35 P,M. Respectfully submitted, w.' , ~ Patrick E. McGarvey, City: erk Edward J. Mako, May