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HomeMy WebLinkAbout08-01-77 • s • CITY OF LAKEVILLE COUNCIL MEETING ..:AUGUST. 1, 1972 The meeting was called to order by~Mayor Mako at 8:00 P.M.. The pledge to the flag was .given.... Roll call 'was taken. Present: Emond, Mako, Curry and Z~un. Absent: Clarkson. Also presents Patrick ~4c(~arvey, City Adm~nia;~ratot~Clerk; Roger Knutson,, City.. Attarney;;Denns Feller,`~'inance Director;~Consulting Engineers, Robert Rosene apd barrell Schneider.... Items ~'2 and '3 were tailed as'the minutes for those Council meetings were not ready for approval. 77.390 Motion was made,by Emond, seconded by Curry ;to approve-the claims for payment as presented. .r. Roll call was taken on tne~morion. Ayes, E~aond, Makp, Curry and Zaun. 77.391 Motion was-made by Tmond,` seconded by Curry to allow All Saints Church the use of the .City billboard on°35W for the message for. the Church fes ~ival. Roll call=.was taken on the. motion. Ayes, Mako,. Curry, Zaun and Emond. Marianne Curry:::asked:-the 'City ...Attorney when the written settlement agreement. with Fisher over the sanitary sewer line-from the Middle School to the Lake- vine Treatment Plana would be ready. Mr. Knudson ,explained. that Mr. Farrell was handling the matter and°that he would remind him to complete it. 'Mrs. Curry also requested that a meeting with the Engineering Consultant on the Phase-I, storm sewer study 'be_placed on the next agenda.. Mrs. Curry also sued that she had read the applications submitted by Fortune Realty far. the Lakeville "385" PUD and felt additional information should be submitted under. Item.D and also -regarding the financial ability of the develop- er or applicant for"this>gro3ect. He submitted a list to the Administrator to `forward on with the,type of items concerning financial capabilities. At this time Councilman Clarkson arrived `and took his hai At this time .Mayor Mako introduced Mr. James Daly of tie Metropolitan Council who represents District X16. Mr. Daly addressed the Council and 'also introduced Mr. Greg Johnson of the Metro Council staff who was .also present. Mr. Daly explained that he was new to the Metropolitan Council and was attempt- - ing to get. to each of thepublaLc bodies in his District to meet-the elected officials and discuss items of mutual interest and concern. Mayon Mako stated that Lakeville still feels it belongs`in:District 15 with the rest of the Dakota County communities. The Council also discussed with Mr. Daly.. the 1977''population estimate from the Metropolitan Council for Lakeville and advised him ©f the City's re- luctance to accept. the figure-of 11',920 which is a reduction froaa the"196 'estimate of 12,015.: Mayor Mako questioned what the meaning of "free-standing" community was as far as the Metropolitan Council was concerned. Mr. Johnson answered the question anal stated that 'a "free-standing growth center" means that the community can stand by itself as far as local ser- ":vices go."Once the treatment plant-has been completed, we will have a good deal of flexibility for-the grourth it would like to accammods.te in the City. " Mr. Johnson mated that 'the City can consider itself a part of the. urban service area as afree-standing growth :center and certainly-has as much authority and flexibility in growth as any City within the SSA :.:line..: H~ also statedthat'a free-standing growth center would get priority over a rural_Area-dmsignated by thee'Council for any grant applications. Matianxie~-Curry questioned Mr. Da],g about his involvement. with the Metro- po3.3tan G©uncil's budget> and also his constituency. -Harrp Clarkson asked Mr. Daly why the City still has to pay for bins service - 1 CITY 0~`'LAKEVILLE COUNCIL MEETING AUGUST 1, 1977 .when.. we get no bus ervice. Mr. Daly explained that although the mill rate has been decreased for the commu- nites not receiving bus service it`still is a problem which hasn`t been: totally resolved. Mr. Zaun questioned if the City should not be partly-within .the MUSA line and also free-standing.` Mr Da~,y explained `that no community, to his ..knowledge, is in both categories. Mayor Makothanked: Mr. Daly for coming to the Council meeting. Mr-. Daly thanked the Council for their time and promised to be available to meet with the City officials 'whenever there is an'~issue or problem.' 77.392. Motion was made by Curry, ,seconded by Zaun to receive the minutes of the Planning Commission, the, Natural~Resource Committee and the Park and Recreation Committee meetings... Roll call was tal€en on the motion. Ayes,~Mako, Curry, Zaun,'Clarkson and Emond... 77.393 Motion was made by Curry, .seconded by Zaun to approve a variance for Kenneth Bartyzal at~19355 Dodd Boulevard `to construct a garage as per the recommends- tion from the Planning Commission. Roll call, was. taken on tha motion. .,Ayes,.:.; Curry,. Zaun, Glarkson,,.Emond and Mako. At this.-time the City Council reviewed the request for a`eondtional use perm t from the Koinonia Baptist Church. to construct a new Church, and to allow the Church to be served by a septic system. Pastor Kolbreck was present and ex- plained why the..:-Church proposed to,,,,use a septic system at this time. He ex- planed that the building was physicsl~.y'several-hundred feet from the inearest City sewer line and that the Church could not afford the expense at thistimc for putting a Long service .line: in. He also. stated..that..theseptic system had, been designed by an engineer ar~d submitted to the State Health Department for their. review and approval. 77.394 Motion was made'by Zaun, seconded by Emond to approve a conditional use .permit and site plan for the Koinonia Baptist Church subject to the'condtions as re- commended by the Planning. Commission, and approval of the State 8ealth.Depart- ment for the septic system installation: Rollcall was -taken on the motion. Ayes, Zaun, Clarkson, Emond,'Mako and Curry. At this time Mayor Mako opened the continued public hearing.. on the proposed street light system for the Valley..Park area, at 9:OS P.M. Mayor Mako'explained that the Administrator would present. the additional in- formation the Council-had requested since the hearing on-July 21. The .City Administrator pointed ou that the Energy Agency rules provide for gas paid damps to be turned off on September 30 h rather than November 1 as was pre- .seated at_the July 21st hearing'.:- He also explained that the gas companies charge for the gas as it is metered., rather than a`.flat rate. He also re- viewed the`four alternatives presented o the Council, which briefly consist. ed of 1, the City doing nothing and letting the gas lamps be shut. off and .waiting to see how many people convert their yard lamps to electricity; 2, authorize Dakota Electric to install an overhead,.utlity pole. system; 3, authorize the-preparation of plans and specifications for the proposed under .ground decorative type fixtures with 150 watt. H.P.S.; 4, study other street light. plans using other types. of poles, fixtures, spacing. It was also pointed out the City Attorney had advised ,the Council-.that seal ed bids would have to he taken since the installation being proposed was to be financed by the sale of City: bonds. Also present at the meeting was Mr. Ken Benson of Dakota Electric and he in- troduced.Mr. Ed Kstazeli of General Electric. Mr. Benson explained that three. of the present-decorative. Lights on the east: side of Parkt~iew School have. been converted to high pressure sodium but there had'been `a problem with the electrical connections causing them to flicker on .`and off. This. problem had been remedied. He also explained that General. -2- ,`y • CITY, OF LAKEVILLE COUNCIL MEETING :AUGUST 1, 1977 Electric not only has new roadway type optical lens for these decorative fix- tures which would direct the light in a more effcientmanner. None of the Tights in Valley Park at this time have these lens. :Councilman Emond stated that he felt light was needed for kids to get to school in winter months. Harry Clarkson questioned. Mr. Benson on the cost of steel poles and Mr:'Benson explained that they would be substantially higher priced. than. the 'fibreglass being proposed. Marianne Curry stated that property owners should have kept heir gas. lamps maintained and provided'' the light if there was concern for the darkness in the early .morning when. kids are:. getting to school. Motion was, made by Zaun., seconded by, Curry to close..the-hearing. There was discussion as to whether or nbt the hearing .should be closed and then Zaun and Curry .withdrew the mo,tiora. Councilman.. Zaunstate¢~that he felt alternate 3 was<probably the best way to go, but the City should take a look at future energy-costs and how these costs are to be'paid. Councilperson_Curry said she believed that the conversion of the gas yard lamps to electrcitq is the ...best alternative... She stated that she had faith in the people that they will c©nvert°to electricity, She also asked-the question as to whether the'£ity was prepared to do the same street light installation in other sub-divisions where there are no lights:.. She also stated she is concerned about the annual; energy maintenance cost to" the Gity of street lighting and that the-City should be billing on the utility bills for ;street lighting.. Councilman .Emond stated that he did not prefer alternate 4~2 and that he is also concerned-with the annual energy and maintenance of street lighting to the :City. He also questioned`. whether or not. the City could even get alternate ~~3 installed yet this fall. Mayor Mako stated that he is concerned with the cost of polic ng if we don't have.:public lighting, and that he was quite willing to consider other ways of ..recovering the cost. of the yearly energy and maintenance charge to the City for:. street lighting from`the utility companies. He also stated that he would 'go along .with: adding lights to the. proposed Valley Park system where necessary. Mayor Mako asked Roger Knutson: why Councilman Clarkson could not vote on this issue even though he is a resident in Valley Park.- Mr. Knutson stated 'there is an'old case law that says that an elected official in the :project area cannot vote, but that a newer :case says hat an official can vate.. Councilman Clarkson°stated that he felt putting a change in policy>on the billing of street lights on the utility bills,is a compromise to get this .project in, was: fooling .the people in Valley Park.- Marianne Curry stated that the,cha~age in,bi3};ing for street Sighting is for_ the .whole City, not .just Valley Park. 77.395 Motion was made by Mako, seconded by Clarkson to order the projec as present- ed including the 150 watt high pressure sodium with roadway lens, and any additional poles necessary to give good coverage nat to exceed 25y of the estimated project costs. Councilman Zaun stated that. if he voted ,for this motion he would probably try to institute a change in paying for ,s reet lighting, and that the sys- tem.:probably can't be installed this fall. Councilman Emond stated that he would like to see a change n the policp'on the 'energy and maintenance cost of street lighting before ordering in the system.- -3- • CITY OF LAKEVILLE COUNCIL'MEETING' AUGUST 1, 197T Mayor Mako. called the question: Rollcall was taken.;. Ayes, Clarkson and: Mako. Nays, Emond, ..Curry and Zaun. 77.396 Motion was made: by Clarkson, seconded by Curry to continue the public hearing on street 13ght ng to September 6, 1977 at 9:00 P.M. at` he Council Chambers. Marianne Curry called the question,. - Ro11 call was oaken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The City Administrator presented the contract 'from Ackerberg & Associates to design the restraom/shelter building in Antlers Park, which is to be 75% funded by_State and Federal Grants. It was pointedaut that the Certificate of the Engineer or Architect on `this project has to ,be signed before the State will complete the Grant Agreement. 77.397 Motion was made by Curry, seconded by Zaun to retain Ackerberg & Associates and approve their contract for services for the Antlers Park restroam/shelter .building with the understanding clearly'stated that no change-orders above the awarded contract will be approved and that the pro~'ect must be built within the budget established. Roll call was taken on the moton. Ayes,. Mako, Curry, Zaun, Emond. Nays, Clarkson. At this time Darrell Schneider reviewed the might-of way needs and plans for the improvement of 175th StreeC. He pointed out that the County..half=section maps had been in error where they indicated the Citp presently had a 66 foot right-of-way in the Argonne Farms area. He stated. that in same areas, the City. only had a 33-foot wide right-of-waq and 'that the additional 33 feet would have to be acquired'to build this road under 'the State Aid require- menu . Mr.:.Hartman was presen and questioned .why he-City needed mare right-of~way. He stated ,his house was, close to the present road and that he would probably .lose. some tree . Mr. Schneider explaaed'that they.present gravel surface of the road is from 24 to 28 fit wide in surface and that the new street in this area would be 36 foot wide faith ~oonczete cutb sandgutter.: Motion was made:by Curry,secon,ded by Mako to authorize and direct the City Attorney t~ acquire'the necessary easements for the road right-of way.. Councilmen Emond. and Zaun stated that they would like to wait before going on this motau unt31 the util~.ty report along this road is complete. Marianne Curry withdrew'=the motion.: tt was decided to place the item on the,: August 15th agenda,- ' At this time Robert Rosene gave a report on :the odor problem present from the Orchard La~.~;trunk:force main. L~r: Rasene suggested that the City have a Chlorinator installed at the Chart House lift station on a 30 day trial basis at no cost to the City except for the chlorine gas, if<the .venting stack recently installed does not prove effective enough. Mr. Richard Brandes was present and questioned if there would then be a smell of chlorine. Mr, Rosene stated that he°did not think there would,be. Marianne Curry asked'Mr. Rosene what the speed of the sewage. is through.. the 13,500 feet of force main. Mr. Rosene replied that it is apgroximately six days due to the aength of the Line and the small number of users in the Orchard Lake area at his time. Mr. Schneider also"concurred with the estimate of time. It was pointed out that. because of the.. length of time the sewage is in the line that it has an opportunity to create hy- drogen sulphite and the foul s~eell'results. The City Administrator pointed: out-that the venting stack had°only been in- stalled an July 27th"and Ghat he felt some additional time should`be pro- vided to see if this stack is going to effectively.. alleviate the .problem before addtional'measures are taken. -4- ! ~ 4 CITE OF`LAKEViLLE COUNCIL MEETING AUGUST 1, 1977 77.398 Motion was made-by Mako, seconded by'Curry to table until the September 6, 1977. Council meeting further action on this problem unless the staff finds it neces- sary to take up an earlier date additional measures to salve 'the email problem. Rb11 call was taken on the motion. Ayes,: Curry, Zaun, Clarkson, Lmond and Mako. ..77.399 Motion was made by Emond, seconded by Curry to continue the meeting. after 11:Q0 P.M. to finish the items on thee. agenda. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.400 Motion was made by Zaun,-seconded by Curry ta'abate,the full unit assessments on Lots 15>and 16 in~Clay` Acres and owned by Jerome Clay fore sewer and water and reassess each lot aone-half unit charge. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry. and. Zaun. This change in assessment was consistent with the way the sewer and water units were assessed on similar hots in that area, and is consis ent'wth the way the treat improvement was assessed to these two lots. Consideration of the Resolution assessing deferred- assessments of December, 1972 was tabled because the Resolution did not-include interest during the five year period. 77.401 Motion was made by Zaun, .seconded by Emond to tab~~.e this matter to prepare a new Resolution including interest for. the~gast five years and to check.. with the City Attorneyog the matter. Roll call'was aken on the motion. Ayes; 'Emond, Mako, Curry, Zaun, and'Clarkson. 77.402 Motion was made by Zaun, seconded by,`Emond to adopt Resolution x`77=48 setting new acre, and unit connection charges to the sanitary. sewer and water system .effective Augus 1, 1977 and on January 1 of.,1478, 1979, and 1980, subject to an annual xeview and report to the Council"by the City Administrator and Finance Director. Roll calf was taken on the motion., Ayes; Mako; Curry, Zaun, Clarkson and Emond. 77.403 .Motion was made by Emond, seconded by Zaun to adopt Resolution ~~77-49 levying' as~essme~ts on City owned property for past improvement projects to. those pro.- parties, Roll call was taken on the motion. Aye's, Curry, Zaun, Clarkson, Emond and Mako. 77.404 Motion was made by Zaun, seconded by Curry to-table until September 19, 1977 consideration of moving ahead on the~,`Orchard Lake-Phase TT and IIL utility pro- ~ect, or terminating the project. Roll coil was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. ..77...405 Motion was made by Clarkson, seconded by Zaun to receive'a letter from the Old Piper 'Inn requesting a wine license Prom-the City,.. and directing the City Attor- nay to draft and Ordinance providing for 'the issuance of wine licenses. Roll call was taken ,on the motion. 'Ayes,`Clarksan, Emond, Mako, Curry and Zaun. - 77.406 Motion was made by Zaun, seconded by Curry to receive a letter from Glenn Nord regarding he boundary dispute with the City and private property owners near' Maplewood Park '.and the offer to have the posts: removed at City expense. Marianne Curry called the question. Roll call was taken. on the motion. Ayes., Emond, Mako, Curry, Zaun and. Clarkson. 77.407 Motion was made by Emond, seconded ;by Zaun to adopt Resolution x`77-50 granting `Dakota Ambulance the right to raise their fees. for `ambulance service. Roli call was taken on the motion. Ayes; Mako., Curry, Zaun, Clarkson and Emond. 77.408 'Mot-ion was made by Clarkson, seconded by Emond to receive demands from the Lake- ' -5- CITY OF LAKEVILLE COUNCIL MEETING AUGUST 1, 1977 ville Police Department Local 320 for 1978 and refer them to .the staff. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. Consideration of State bridge grants was tabled. 77.409 Motion was made by Mako, seconded by Emond to adjourn the Council meeting. Ro11 call was taken on the motion. Ayes, Zaun, Clarkson., Emnnd, Mako and Curry., Time: 11s 50 p'.M. Respectfully submitted, r , C 3 r, Patrick E. McGa vey, C ty;Cle r Edward J. Ma'ko< ryor _6_