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HomeMy WebLinkAbout06-07-76 e CITY OF LAKEV LE COUNCIL MEETING 4 ~ u E 7, 1976 The meeting was called to order at 8:00 P. M. by Mayor Mako. Roll call was taken.. Present': Emond, Mako, Curry and Zaun. Absent: Clarkson. Also present: Patrick McGarvey, Gitq Administrator/Clerk, Pat Farrell, City Attor- ney, Bob Rosene, Consulting Engineer, Jim Robinette, Public Works Director. 'The: minutes of the May 17, 1976 Council meeting were read. 76.2$2 Motion was made by Zaun, seconded by Curry to reconsider motion 76.249 that the Council's action on .requesting Mr. Baumgartner to resign from the Planning Cods- sion did-.not have the required four votes. At this time, the Council would request his resignation. Roll call was taken on the motion. Ayes, Emond, Mako, Zaun. and Curry. 76.283' Motion was made by Emond, seconded by Curry to approve the minutes of Maq 17, 1976 Council meeting... Ro1i coil was taken on the motion. Ayes, Emond, Mako, Curry and Zaun. 76.2$4 Motion was made by Zaun, seconded by Emond to approve the minutes of the May. 1$, 1976 Special .Council meeting. Roll call was taken on the motion. Ayes, Mako, Emond,. Zaun and Curry.• At this time Councilman Clarkson arrived and took his chair. 76.285' .Motion was made by Emond,. seconded by Zaun to approve the claims against the City except No. 14183 for Dakota Ambulance until they file a quarterly financial re- portwith the City. Ro11 call was-taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. .:The Cauncil_received the staff. report from the City Attorney concerning the pend- ing Court action against Pollution Controls, Inc. concerning their parking of .trucks along 35W with hazardous materials in them. The Attorney also advised the Council that the staff was working on the Ardmore Trailer Park utility connection payment status and the status of two assessment appeals on the Highview Avenue project. The City Engineer advised the Council that the contractor was underway in the ..construction of the new dire station. At this time.. Mayor Mako explained to the people present at the Council meeting`' that the public hearing on the extension of sewer and water around. Orchard Lake had been closed at the .April 12, 1976 meeting. ,The Mayor explained that he thought it was time for the Council to make a decision on the water and sewer project. 76.286 Motion was made by Mako and seconded by Zaun to adopt Resolution X76-26 ordering the water and sewer project,`authorizing the preparation of plans and specific~- Lions for Phase I to include extension of utilities:. to the Orchard Lake Elemen- tary School and to the Sea Girt Inn, and authorize the Engineer to prepare plans sufficient enough to allow .the City Attorney to acquire anq necessary easements around the 'rest of the lake and to direct the City Attorney to acquire said ease- meats. The Mayor then opened the meeting to-discussion on the motion, and explained the reasoning behind the motion and. the decision to construct the improvements under. Phase I in 1976. It was explained that the City felt it could not .proceed anq further this year due to the limited sewage treatment capacity and that the de- cision to move ahead in 1977 will have to await an analysis of the treatment capacity to be received from. the Metropolitan. Waste Control Commission in the spring of 1977. At that. time., ...the Council will. make a decision of whether or not to continue the construction during 1977 or postpone it to 1978. In the mean- time part of the Engineering plans. will be completed, the. easements acquired, and the Council will be in a position to move ahead once we are assured of having the capacity to hook up any or all benefited properties to the sewer system once it is constructed. The Citq Attorney answered "a .question concerning the escrawing_of the anticipated costs of the sewer and water for-those properties which will receive service is 1977 or 1978. The Attorney explained that the Citq will advise any homeowner or potential buyer or lending institution that the project is ordered and. an assess- ment pending and will give the parties the estimated costs. of the improvements. -1- f' 3 • °CITY OF LAKEVILLE COUNCIL MEETING JITNE 7, 1976 Councilman Emondquestioned whether or not... Queen Anne Park is going. to hook-up to the sewer system. The Citq Administrator explained `that the Queen Ann Park has requested. .sewer service and is willing to sign an agreement to;pay all the costs and connection charges to-extend a small pipe to their .septic tank. The Engineer responded to a question as to where the sewer would be located at the west end of the lake for, the housesto the north, The Engineer recommended that .the sewer be..placed'on the west side-of the houses as that is wheremost'of their septic systems are now located and would also provide service in the future to the property to the west. when needed.. Mrs... Re gger stated she did. not want sewerservice and did not"care-whether it was placed on the west side of thee.. houses as far as_she was concerned. At this time, Mayor Mako called the quest on and asked the Attorney to read Resolution No, 76-26. Pat"Farrell read the Resolu- 'tion nits entirety.. Rall call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson .and Emond. At this time the'City Administrator read-two petitions received from property owners concerning the proposed relocation of Judicial Road. 76.287 Motion was made by Emond, seconded by Curry to-.acknowledge receipt of the_twa petitions. Roll call was taken an the motion. Ayes,.Emond, Mako, Zaun, Clarkson and Curry... 76.288 Motion was made by Curry, seconded by Mako. to deny the proposed improvement relocation of °Judicial Road.. Mayor Mako stated that he will vote for it as his second choice,, and that he would prefer.that the`road:be;relocated and rebuilt but that the cost was too much and there were no public funds available to defer assessing the total: cost. to the property owners, Roll: call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The Mayor thanked the citizens for their patience in the handling.. of this matter. The City Administrator explained that the Council was expected to deny the exten- 'sion of sewer along 210th Street-due to the limited; reatmentcapacty available at this time in the Lakeville treatment plant. 76>.289 Motion was made by Zaun, seconded by Curry `to deny the extension of sanitary sewer on 210th Street. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry and Zaun. The City Administrator read the second reading of an Ordinance amending Ordinance X14 concerning the requirement to hook up to the water or sanitary sewer spstem. 76.290: ,Motion was made by Emond, seconded by Zaun to :adopt Ordinance No. '93 amending Ordinance_ #14. Roll call was taken on the motion. Ayes, Emond, Mako, Curry,'Zaun and Clarkson. The Citp Administrator explained a proposal:.received from Mr. Ray Skelton concern- - ing a proposed park pro3ect in the cities of Burnsville and Apple Valley on the north side of County Road 46. Mr. Skelton proposes to sell to Dakota County.' approximately 228 acres of land of which 65 acres are water,.al.ong with approxi- mateiy IO,D00 trees and buildings on the property. The Council., staff, and citi- zens presentdiscussedthe proposal.: The City Attorney read a.Resolution giving suppor to the proposal from the City of Lakeville and requesting Dakota,County Commissioners to investigate the feasi- blity of .the project. 76.291 Motion wa.smade by Emond, seconded by Zaun to-adopt Resolution No. 7~6-27 stating the City•s position on the proposed 'County Park: on property awned by Mr. Skelton, Roll call was taken on the motion.. Ayes,. Emond, Mako, Curry, Zaun and Clarksoa. ~ ~ ' ; CITY OF`LAREVILLE COUNCIL MEETING. .JUNE 7, 1976. The approval of a dance license for Lloyd Berg was tabled to the June 21 meeting and referred.. to the Police Chief for a report and recommendation. 76.292 Motion was made by Clarkson, seconded by Emond to table the matter to June 21. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The City Administrator recommended that the Council accept the storm-sewer system in the Woodbury Addition and reduce the escrow as the system has been completed .and inspected by the .City and the maintenance bond submitted. 76.293 Motion was. made by Emond, seconded bq Curry to reduce the escrow on the. storm.. .sewer. system in,Woodbury Addition and accept the system. Roil call was taken on the motion.. Ayes, Mako,`Emond, Curry, Clarkson and Zaun. The. City Administrator reported to the Council on 3 quotations xeceived for the purchase of a 3I4"ton pickup truck for-the Utilitq department, The truck was included in the 1976 budget of the Department.. .76.294 Motion was made by Emond,_seconded by Curry to approve the purchase of the truck from Todd .Chevrolet in the amount of $4,394.25. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The City Administrator recommended the Council approve the purchase of a used asphalt paver in the amount of $2,500 to be purchased by the Street Department. This piece of equipment will allow the City to perform larger street repair, and minor improvement projects with its own men and equipment at considerable savings. 76.295Motion was made by Emond, seconded by Zaun to approve the purchase of mused asphalt paver in the amount of $2,500. Roll call was taken on the motion.. Ages, Emond, Zaun, Clarkson, Currq and Mako. The City Administrator recommended the Council approve an agreement with Mark Hurd Aerial Surveys, Inc. for upgrading of 31 existing topo maps to comply with the new. mapping being completed, in the amount of .$1,600 which also includes an aerial photo of the City which can be reproduced... 76.296 " Motion was made by Clarkson, seconded by Emond to approve the agreement with .Mark Hurd. Aerial Surveys, Inc. in the amount of $1,600. Roll call was taken an the motion. Ages, Mako, Emond, Zaun, Clarkson and Curry. The City Administrator advised the Council concerning the Supplemental Agreement with the U.S.G.S. for the August-September testing of the lakes and the additional agreement to accomplish the testing in October. The reason for the. additional agreement is that the Federal government is changing from a July fiscal year to an October fiscal year,Since these testings occur during the different budget periods, .supplemental .agreements are necessary. 76.297 Motion was made bq Curry, seconded bq Zaun to approve and authorize the sign- ing of the Supplemental Agreement with U.S.G.S. on lake testing. Roll call was taken on the motion. Ayes, Emond, Curry, Mako, Zaun and Clarkson.. 7 6:298 Motion was made bq Zaua, seconded by Curry to adopt Resolution 76-28 establsh- ing a Yout~i Advisarq Board subject to the Board meeting with the Gity Attorney to be advised nn the handling of juvenile matters under State law. Roll call. was takes on the motion. Apes, Emond, Mako, Curry, Zaun and Clarkson. The City Administrator read a letter from three propertq owners requesting the extension of water and sanitarp sewer utilities to their property north of Highway 50 and 35W. 76.299 Motion was made by Zaun, seconded bq Emond to acknowledge receipt of the letter. -3- w + CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1976 Ro11 call was taken on the motion. Ayes, Emond, Mako, Curry, Clarkson and Zaun. 76'.300- Motion was made by Mako, seconded by Clarkson to direct the City Administrator and City Engineer to get an estimated cost of preparing a preliminary Engineer- ing report on the extension of sewer and water and to determine''the benefitted area. Roll call .was taken on the motion. Ayes, Emond, Mako, Curry,-Zaun and Clarkson. The Citq Administrator advised the Council that the State Cable TV Commission is requesting the names of appointments to the City Cable TV Commission as a requirement under State law in the granting of a franchise. It was decided to .advertise for. citizens who may. wish to serve on such a commission. .The City Administrator advised the Council that it would be necessary to adopt the Federal Revenue Sharing Planned Use Report for the 7th entitlement period of July l through December 31, 1976, after advertising the proposed use of the .:funds. The proposed funds-are included as a part of the expected revenue neces- sary to finance the 197.6 City budget. 76.301 Motion was made by Curry, seconded by Zaun to accept the resignation of Susan Sawyer in the Police Department. Roll call was taken. on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.302 Motion was made by Emond, seconded bq Curry to approve the appointment of Mrs. Nanette Northrup: in the Police Depar-tment taking Mrs. Sawyer's place.' Roll call was taken on the motion.- Ayes, Mako, Curry, Zaun, Clarkson and Emond. The Citq Engineer presented his analysis on the preliminary plat of Golden Leaf Forest. This plat will not include ssnitarq sewer or water at this time or in the foreseeable future due to the distance from the existing utility system. The plat also is a small plat consisting of 16 acres with 5 three acre size lots. Discussion centered around the need for and advisability of requiring concrete curb and gutter. 76.303 Motion was made by ,Clarkson, seconded bq Curry to table action on the preliminary plat of Golden Leaf Forest to allow site inspection and a look at drainage and whether or not concrete curb and gutter should be required. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Approval of the set-up license for the Sea .Girt Ina was withdrawn as the Council received several complaints from citizens living nearby concerning parking, noise, littering their property. 76.304 Motion was made bq Clarkson, seconded by Emond to send a certified letter to the owners advising them to appear before the Council June 21 to respond to the com- plaints.. Roll call was taken on the motion. Ayes, Errand, Mako, Curry, Zaun and Clarkson. 76.305 Motion was made by Emond, seconded by Curry to table approval of theset-up licenses for John's Tavern and the Orchard Lake Tavern until. June 21, 1976. Roll call was oaken on the motion. Ayes, Emond, Mako, Zaun, Curry and Clarkson. The City Administrator presented a resolution from the Minnesota Highway Depart- ment whereby the Council would approve the new overlay of Highway 50 from 35W to Countq Road 9 and. require the Citq to permit onTq parallel parking along the Highway. .:76.306. Motion was made bq Emond, seconded by Zaun to adopt Resolution X76-29 concerning - the .improvement to Trunk Highway 50. .Roll call was taken on the motion. .Ayes, Emond, Mako, Curry,. Zaun and Clarkson. 76.307 Motion was made by Emond, seconded by Curry to receive a letter from several citizens concerning their objection to the No Parking restrictions along Juno -4- ' CITY OF LAKEVILLE COUNCIL MEETING JUNE 7, 1976 Trail, adjacent`to Lake Marion. -Roll call was taken on the motion. Ayes, Mako, Errand, Clarkson, Zaun and Curry. Five residents living on Judicial Raad just north of 168th Street requested that the Council consider deleting the utilities from that area in the proposed and approved extension of water and sewer around Orchard Lake. They stated that they have sent a letter in April 15, 1976 making their request in writing. The City Administrator stated that the letter was in the file on the project. 76.308 Motion was made by Emond, seconded by Zaun to acknowledge receipt of their Iettex dated April I5, 1976. Roll call was taken on the motion. Ayes, Emond, Mako, Curry',-Zaun. and Clarkson. 76'.309 Motion was made by Clarkson, seconded by Curry to extend the Council meeting beyond 11100 P.M. Roll call was taken on the motion. Ayes, Mako, Emond, Zaun, Curry and Clarkson. 76.310 Motion was made by Clarkson, seconded by Curry to table the decision on whether ©r not-to delete-the sewer and water for these five houses until the first meet- ng in July and direct the Plumbing Inspector to check on their septic systems. Roll call was taken on the motion. Ayes, .Emond, Mako, Curry, Clarkson and Zaun. 76.311 Motion was made by Curry, seconded by. Zaun to adopt Resolution.. 76-30 stating -the Lakeville City Council supports the petition to Dakota County o make im- provements on County Road 46 east of Cedar Avenue. Roll-;call was taken on the .motion... Ades, Mako, Curry, Zaun, Clarkson and Emond. The Public Works Director advised the Council that if the County improved the. road it would be a project whereby the :City would be ,required to pay,45X of the- costs and since the road`.is~on the border between Lakeville and Apple Valley, half of the road is in the: City of Apple Valley and they should pay half of the Citq's share of 45X. It was painted out that it is doubtful that Apple Valley would support such a-project since ..there is no development on their side of the road..: 76.312' Motion was made by Curry, seconded by Zaun. to send a letter to the Lakeville League of Women Voters requesting their assistance-in voter registration, for he coming fall elect ons. ROll call was taken oa the motion. Ayes, Emond., Mako, Curry, Zaun and Clarkson. Motion was made by Emond, seconded. by .Zaun to adjourn the meeting. Roll call was taken on the motion. -Ayes, Emond, Mako, Curry, Clarkson-and Zaun, Respectfully submitted, ~ l~ f ~ atr ck E. McGarvep, City erk , ~ivl I~ Edward 3. Mako, Mayor -5-