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HomeMy WebLinkAbout05-03-76 ~s ~ CITY OF LAKEVILLE COUNCIL MEETING MAY 3, 1976 Mayor Mako called-.the meeting to .order and- the flag .pledge was .given:. Roll call was taken. Present; Emond, Mako, Curry, Zaun, and Clarkson. Also present: Patrick Farrell, City Attorney, Robert Rosene, Consult- ing City Engineer, and Patrick McGarvey City Administrator. Mr, Morris Anderson representing. the City's financial consultant. of Springsted, Incorporated opened bids on the sale of $215,ODO of Genexal Obligation Bonds. Five bids were received. They were from: The First National Bank of Minneapolis $79.,896.18 -0.5053x} The First.. National Bank of St, Paul 80,250.62 {5.529X} Robert W. Baird 6 Company 80,716..25 `(5.5618x} Piper, Jaffrey & Hopwood, Inc, $3,071.80 .{5,7242X} 'Duran & Moody,'Inc. 84,521.88 ,-(5.8240x} Mr:'Anderson recommended the Council accept the 'bids and award the bid -'to the First National Bank of Minneapolis with a net interest c©st of $79,896.18 and an interest rate of 5,5053x. 76.202 Motion was `made by Clarkson, seconded by Emond to accept the bids, Roll call was taken. Ayes, Emond, Mako, Zaun, Clarkson,~and Curry. 76.203 .Motion was. made by Zaun, secanded by Clarkson to award the bid to the :First National Bank of Minneapolis. Roll call was taken. Ayes',, Mako, Curry, Emond, Zaun, and Clarkson. 7.6:204- Motion was. made by Zaun, seconded by Curry to approve the Council minutes. of April, l9, i976. Roll. call-was taken an the motion. Ayes, Zaun,`Mako, Emond, Curry, and Clarkson. 76.205 Motion was made by Emond, seconded by Zaun to approve, the ..payment of-the claims against the City. Roll cal].. was .taken on the motion. Ayes, Emond, Mako, Curry, Zaunand Clarkson. The'City Attorney reported. on an easement whereby the City of Lakeville would use a small strip of and owned by George Warweg. The Attorney recommended that Council approve the easement. 76,206 Motion was made by Emond, seconded by Zaun to authoriz~ the signing of 'the easement with George Warweg. 4 Roll call was taken on the motion. Ayes, Mako, Curry, Zaun,- Clarkson:. and Emond. The City Attorney advised the Council that Notice of Claim against the City has bees filed. on behalf of Mr. Hughes and Mr. McClurg by their .attorney` alleging false arrest. 76.247 Motion was made by Emond, seconded by, Zaun to acknowledge receipt of the Notice of .Claim and refer it to the City insurance carrier.' Roll call was taken on the motion. Ayes; Mako, Emond, Curry, Zaun and Clarkson. The. City Attorney recommended the Council authorize the .Mayor and Clerk to sign the contract with Robert 0. West~.und, Znc. for the construction of the new fire station. 76,208 Matson. was made by Clarkson, seconded by Curry to authorize the Mayor. and.:. Clerk to sigathe contract. ~ s:. Rall call was taken on the motion... Ayea; Curry., Mako,. Emond, Clarkson and Zaun. The City _Attorney recommended thatCouncil approve the assignment of- a per- formance bond on Woodbury Addition and execution of an agreement with Fischer Construction Company on the construction of street improvements -i- ` CITY OF LAKEVILLE'COUNCIL MEETING MAY 3 1976 in Woodbury, o guarantee the contractor: that payment would be made for the improvements. 76..209 Motion was made by,Emand, seconded by Zaun to authorize the Mayor and Clerk to sign an agreement with Fischer Construction Company on the street improve- menu in Woodbury Addition. Roll call was taken on the motion:: Ayes, Curry,` Mako, Zaun, Clarkson, and Emond. At this time Mr. Joe M~ch presented a proclamation to the Mayor an Loyalty Day and Mr. Al Sch,ffler presented a proclamation to the Mayor concerning -Poppy Day on behalf of the Lakeville V.F.W. The City Administrator'-read the proclamations. Mayor Mako opened the:public:hearing on the 'proposed improvements to the streets in Dakota Heights and part of Oak Hills Additions. The City Attorney attested to the legality of the hearing. The City Engineer presented a one page written handout to the citizens pre- sent and reviewed the scope of the project and the ..estimated cost. >The City Engineer explained. that the costs ranged from $1,038 per lot in the Dakota Heights lst and 2nd Additions where no money figs been .escrowed to $658 per loton'the 3rd through. the 6th Additions of Dakota Heights .because same' money.. has been escrowed, and to $335 per.,lot in the bak 8i11s Addition. The. Engineer emphasized that these were estimates at this time. The'?Kayor asked if there were any persons present at-the Council meeting who wished to make any comments or ask any questions concerning the pro- j ect . Bob Nelson asked ..about the 'shape. of the curb and gutter and the Engineer explained that this was to be surmountable concrete curb and gutter. Dan Posters questioned the reasons..for the different prices for the improve- went on a per lot basis from oneaddtionto another, The Engineer explained that the reason for the differences is that the escrow funds vary and the bond requirement in-the. Oak Hills covers more of the cost than in the Dakota Heights where the escrow payment was provided in the 3rd. through 6th Additions:. Mr Waldo Larson questioned about the pond next tohis lot and the effect of :the curb and gutter on .the level of the pond..:.. Thee Engineer explained ..that. the curb and .gutter should not have'a drastic effect on thepondand will bewilling to meet with Mr. Larson to review the situation. xay Lejchar questioned he cost of concrete curb and gutter and the Engineer explained that the cost averaged out to $335 per lot.' Mr. .Girt questioned the damage that might be done by 'house contractors in the Future to the curb and gutter and it was explained that the contaac- tors would be ,responsible for any damage. Mr. McGraw questoned_the completion. date and it was explained that a realis- tie date would probably have to be around'October Ist, Mr. Tom-Brown stated hat a developerandrealtor had told rim--that-all the improvements. were going, to be put in and paid far without any assessments. He questioned why assessments are being proposed as a part of this project. The City Attorney explained that when the funds were escrowed-there were no provisions for concrete curb-and gutter nor was then-e knowledge at that. time that in#lction would 'be as severe as-it has been in the past three years. He was advised to contact an 'attorney if he felt he should pursue any legal action .against the developer. or realtor. Mr. Lee Ackerberg_requested that information be provided on an estimated basis so that closing. on sales of new houses could be accomplished during the construction of the project. The City Attorney advised Mr: Ackerberg -2- • CITY OF LAKEViLLE COUNCIL MEETING MAY 3, 1976 theta pending assessment certificate could be issued for said purpose._ .Councilman Emond emphasized again to the citizens present that the figures being presented were cost estimates at this time and could vary either up or down depending upon final project costs.. Mr. Harry Mitchel asked about the future improvement of.175th Street and Ipava, The Mayor explained that the limited sewer capacity presents a problem in putting in utilities before the street would be improved and that there is a problem of requiring necessary.right-of-way along I75th Street to build a street to todays standards. Bob Nelson questioned the cul-de-sac. near his house and whether or not the s reet was intended to go on through to=Ixonia ox to remain scut- de-sac.' The City Engineer advised the Council a decfsion on this matter should be made very .soon. 76.210 Motion was made by Emond, seconded by Clarkson to close the public hearing. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, 2aun and. Clarkson. 76.211 Motion was .made by Clarkson, seconded by Emond to authorize the preparation of plans and specifications and order the project. Roll call was taken on the motion. Ayes, Clarkson, Zaun, ,Curry, Mako and Emond. At this time, Mr. Wally Potter addressed the Councilconcernin$'the need to establish a committee to study Juno Trail Road. `Discussion 'ensued about the purpose of the committee and .composition. 76.212 Motion was made by,Zaun, seconded by Emond to appoint, Wally Potter, ©tto Geier`, Tim Gerold, Craig Jenson, and Butch Carlson as citizens to the committee on Juno Trail and Marianne Curry and Harry Clarkson from `the City Council with Marianne Curry as Chairperson of the committee. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Glarkson. Sue Hammer,-President of the Women's Softball Association'requested the Council approve anon-intoxicating malt liquor licensefor the Association.." 76.213 Motion was made by Zaun, seconded by Clarkson to receive .her letter request- ing the license. Roll call was taken on the motion. Ayes, Mako, Emond, Curry, Zaun and Clarkson.. 76.214 Motion was made by Emond, seconded by Zaun to approver the license subject. to the City receiving an insurance certificatefrom the Softball Associa- tion. Roll call was taken on the motion. Ayes, Emond, Mako, Eaun, Clarkson and Curry. The City Council reviewed the request~'of William Markert for a variance in the set-back requirements: in the rear yard to .construct a house. The staff and Planning Commission recommended that the Council deny the vari- anc2 request.: as no hard hip due to the property characteristics existed. 76.215`-`--Motion was made by Zaun, seconded by Curry to deny the request for a .variance in .the rear ..yard set-back requirement. Ra1'I' call was taken on the motion. Ayes, Clarkson, Zaun, Curry, Emond and.Mako. s. The City Administrator reviewed the request of Henry Vantxof for a mobile home permit. It was recommended the Council deny the request due to the- fact that Mr. VantHof does :not own the property as required by ordinance and that t is the intent ofthe Council to move mobile homes off of sites outside of a mobile home park. This mobile home replaced: one. which had .previously received a permit which expired. on December 31, 19.75. -3- • ' CITY OF LAKEVILLE COUNCIL MEETING MAY 3, 1976 76.216 Motion was made by Clarkson, seconded by Emond to deny the application for a mobile home permit and to give Mr. VantHof 90 days in which to move the mobile home from the site. Ro11 call was taken onthe motion. Ayes, Clarkson, Emond, Mako_, Zaun and Curry. Item number 12 on the Council agenda regarding the request of John Greaves for a special use permit to store three trucks was tabled.. The City Administrator presented .Change Order i to.Richard Knutson, Inc. for the .installation of water and sewer in Dakota Heights 7th Addition -and recommended. approval. 76.217 Motion was made by Mako, seconded by Zaun to approve Change Order ~1 in the amount,of_$30,513.70 to Richard Knutson, Inca Roll call was taken on the motion. Ayes, Emond, Curry, Zavn, Clarkson .and Mako. The City Administrator presented an agreement between the City and the Metropolitan Waste Control Commission concerning further testing of the City sewer system for infiltration. The Administrator advised the Council that a percentage of the cost of the project would be:;paid by the State and Federal government if the: work proceeds. 76.218 Motion was made by Emond, seconded by Curry to approve the agreement be- _tween the City and the Metropolitan Waste Control Commission for the in- sgection and testing of the City sewer system'. Roll ca11'was taken on the motion. Ayes, Emond, Curry, Zaun, Mako'and Clarkson. At this time the second reading-of the .ordinance regulating the water surface use-for Lake Marion was`revewed. `Questions-were. raised concern ing the starting time permitted ,for water skiing in Section 6 and the Council concurred that a change from 10:00 A.M. to 8:00 AM. should be made. 76.219 Motion was made by Curry, seconded by Emond to adogt the ordinance re- gulating the water surface use of Lake Marion with the change in Section. 6 ' of . a .starting time from 10:00 A.M. to '8:00 A.M. Ro11 call was taken on the motion. Ayes, Zaun, Clarkson, Mako, Curry. and ..Emond. The City Administrator presented. a report from the Superintendent of Schools on tennis court bids. received on April 27th. 76.220 Motion was made by Curry, seconded by Zaun to receive the bids and approve the contract. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. 3 The. City Administrator recommended the City Council set the swimming fees for the Valley Park pools so that proper notice and preparation could be accomplished before the opening of the pools. Council discussed the various fees suggested by the staff .and Councilman Clarkson questioned 'the method in which the r'~commended rates were arrived at. The Citp Administrator _.explained- that.~the rates were expected to cover the dailycosts of life guards as compared to what the costs of maintenance and utilities. 76.221 Motion was mad~es by Curry,,seconded by Emond to set the family rate"at $25.00, individual rate at $10.00 and daily adult rate at 50~ and stu- dentrates at 25~. Roll call was taken on the motion. Ayes, Emond, Mako, Zaun, and Curry. .Nays,...Clarkson.. -G- IT " , CITY OF LAKEVILLE COUNCIL:MEETING MAY 3, 1976 76.222 Motionuas made by Curry, seconded by Mako to extend the meeting beyond the '11:00 P.M. adjournment time. Roll call was taken on the motion. Ayes, Curry and Mako. -Nays, Emond, Zaun and Clarkson, 76.223 Motion .was made by Clarkson to adjourn he meeting, but died for a lack of s second. 76.224 Motion was made bq Zaun,: seconded. by Emond to rescind the motion not to continue the meeting beyond 11:00 P.M. Ro11 call was ,taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson.: 76:225 Motion was made by Curry, seconded by Zaun to have the no parking signs posted only on the lake .side of 168th Street from the viaduct to an area west'of the Sea Girt Inn. Rat coil was taken an the motion. Ayes, Mako, Curry, Zaun., Clarkson and Emond. The City Administrator recommended the Council approve. three gay requests to Richard-:Knutson, Inc. for work on various City projects. 76.226 `Motion was made by Emond`, seconded by Clarkson to approve the pay re- quest No 6 to Richard Knutson, Inc. for..work an the Orchard Lake. trunks' in the amount "of '$199,856.79. Roll call was takenon'the motion. Ayes, Mako, Zaun, 'Clarkson, Emond and Curry. _ 76.227 Motion was made by Clarkson, seconded by Curry to approve pay-request ~~5 to Richard Knutson,. Inc. in the amount of $31,904.11 for waterjand sewer extensions - Highview to Ipava.` Roil call was taken on the motion. Ayes', Mako, Emand;'Zaun, Clarkson and Curry. 76.228 Motion was made by Emond, seconded by Curry to approve the pay request #8 in the amount of $22,233.37 to Richard. Knutson, Inc.. fore water and` sewer improvements in Dakota Heights and Oak Hills. Roll. call was taken on the motion.. Ayes, Curry, Zaun, Clarkson, Emond and Mako:. 76.229 Motion was made by Curry, seconded by Mako to approve specifications and get bids on reconditioned voting machines and set Map 17th at 10:00 A.M. as `the date :and ...time to open bids. Roll call was taken on he motion. Ayes.,. Mako,: Emond, Zaun, Curry. Nays,. Clarkson. 76.230.. Motion .was made by Emond, seconded by :Mako to approve the specifications on an .electronic 1'iquor dispensing system for the~Liguor Stare and set May 17, 1976. at 11:00 A.M, far opening: of bids. Roll call was tatcen on the motion.. Ayes, Emond, Mako, Zaun, Clarkson and Curry. The following tax abatements were approved by the City Council as recam- mended from the County Assessor: First Wisconsin Sank of Milwaukee,` Dan T. Sabin, Johnson office Park. Inc. 76,231 Motibnwas made by Zaun, seconded by Emond o approve abatements on First Wisconsin property.. Roll call was, taken on the motion. Ayes, Mako, Emond, Curry,. Clarkson and Zaun, 76.232 Motion was made by Emond, seconded by Clarkson to approve the Dan T._ Sabin property, -5- CITY OF LAKEVILLE COUNCIL.MEETING MAY 3, 1976 Roll call was taken on`the motion. Ayes, Mako, Curry, Clarkson, Emond and Zaun. 76.233 Motion was made. by Clarkson, seconded by Zaun to approve the abatement on the Johnson Office Park Building property.. Roll call was ,taken on the motion. .Ayes, )Emond, Mako, Curry, Zaun and Clarkson. 7b.'234 Motion was made by Zaun, seconded by Emond to designate May 18th and 19th as "Hypertension Detection Days" in Lakeville. Ro11 call was taken on the motion. Ayes, Mako, Zaun`, Emond, Clarkson, and Curry. 76.' 235 Motion ,was made. by Emond, seconded by Curry to designate the City Adminis- trator and the Deputy City Clerk as the Director and alternate Iirector to the LOGIS Board representing the City of Lakeville. Roll call was taken on the motion. Ayes, Emond, Curry, Zaun, Makoand Cla%kson. Each of the City Council members at this time presented items to the City.. Administrator and staff to look into and report back to the Council on. 76.236 Motion was made by Clarkson, seconded_by .Zaun to authorize the placement of gravel around the pavilion at Antlers Park. Roll call was taken on the motion. .Ayes, Clarkson, Zaun, Emond, Curry, and Mako. Motion was made by Emond, seconded by Zaun to ad3ourn the Council meeting. Rall call was taken on the motion. Ayes, Mako, Emond, Curry, Zaun and Clarkson. Respectfully,submitted ry _ i ~ , r c'^~L vCity Clerk Mayor i. _6