Loading...
HomeMy WebLinkAbout08-02-76 ti CITY OF LAKEV COUNCIL MEETING , .k AUGUST 2, 1976. The meeting was called to order at 8:00 P.M. by-Mayor Mako. The pledge of allegiance to the flag was held. Roll call was taken. Present: Councilmembers Mako, Curry, Zaun, Clarksan, and Emond. Also .present: Roger 'Knutson, City Attorney, Patrick McGarvey, City Administrator, Robert Rosene, Consulting City Engineer, 'and James Robinette, Public Works Director. ..The minutes of the 3uly 19, 1976 Council meeting were .read. 7.6..374. Motion .was :made by Zaun, seconded by Emond to approve the minutes as read. Roll call was taken on the motion.. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The claims .against the City were. reviewed. 76.375 Motion was_made by Emond, seconded by Zaun to approve the claims as presented. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The City Engineer reported on the progress on the 'Dakota Heights streets project. Most of the curb and gutter work is finished and the grading of the streets is progressing so that asphalt work can begin shortly. The City Administrator presented a letter from Mr. John Wren requesting the ex- tension of sanitary sewer service to his property located on the west side of I-35 and east of County. Road 5. 76.376 Motion was. made by Clarkson, seconded by Emond to acknowledge receipt of the letter from Mr.-Wren and refer it to the Gity staff for recommendation. . , Roll call was taken on the .motion. Ayes, Emond, Mako, Zaun, Clarkson, and Curry. The Citg Administrator.presented two assessment abatements'received from the Dakota County Assessors office and recommended their approval. 76.377 Motion was made by Curry, seconded by Clarkson to approve the assessment abate- ments as recommended by .the County Assessor. Roll call was. taken on the motion. Ayes,..Clarkson, Zaun, Curry, Mako and.Emond. At this time Russell Streefland, an Attorney representing four property owners on Judicial Road just northof 168th Street, spoke to the Council concerning the proposed utility project. Mr. Streefland requested the Council to officially _ delete the. proposed improvement to these four property owners from. the Orchard Lake lateral sewer and water project which the Council ordered on June 7, 1976. Mr.`Streefland explained that these people realize the. improvement may cast . them more in the future due to nflationand the fact that. the extra depth of - the sewer pipe in this area would be spread over a lesser area because it would: be part of a smaller project than the Orchard Lake one. However, he stated the owners did not feel they needed sewer and water at this time, that the City had limited sewer capacity treatment available, and this area could wai far utility service until the area to the north of them was also being served. He requested that the Council delete this area of the'Orchard Lake project-at this time o that the property .owners would not be facing pending assessments requirements in the event they sell the property .:and would. know: where hey stand as~of now. Mayor Mako explained that the costs will be greater to these property owners or whoever owns their property in the future because when the service is in- stalled extra costs due to the depth the utilities will be required to be placed at in this area will not be able to be included in a largerproject. Councilman Emond said that he felt the Council 'could `delete the area at this time or at' he time the Phase II is approved for plans and specifications which would be in 1977 or Later. Councilperson Marianne Curry.stated that she felt the Council should make a de- cision at this. time. 76.378 Motion was made by Curry, seconded by Zaun that the sewer and water improvements for"Lots 1 through 8 and Outlots A and B be deleted as requested by the present .,property owners., from the Orchard Lake sewer-.and .water lateral project as ordered on June 7, 1976. -1- ~ CITY OF T~ LE COUNCIL MEETING AUGUST 2, 1976 Roll call was taken on the motion, Ayes, Emond, Curry, Zaun, and Clarkson: .::Nays, Mako. Mayor Mako opened the public hearing on the proposed improvement to a one block 'area on 208th St: West. The City Clerk attested to the legality of the hearing and that notice was sent tQ the property owners and published in the official Citynewspaper. The City Administrator stated that the proposal was .for the installation of con- crete curb .and. gutter by a private contractor and the installation of an asphalt street by the City of Lakeville Public Works .Department. The total estimated .cost. was set at $3,825. Gurb and gutter portion of the cost was estimated'at $2,000... Mr.C. Hoffman .spoke 'to the.. Council on behalf of Mr. 'Wright who was. unable to be present due to an operation. He stated that two of he property owners had limited incomes and could not afford a large assessment. He also stated that they felt _the cost of the improvement should be paid by the Tilges Addition located to the :east. Mr. Tutewohl_explained that he-is on a VA disability pension, and that he also - understood 'that since his`lot has a street with curb. and gutter in front of his .house that only one-half of the distance on the side would be assessed if-the :project were ordered in. He also stated that he did not have l37 feet of front- age on the side of his lot but rather 127 feet, according to his records.. Mr. Beaumaster stated that while he would bike an improved street he is not anxious to receive an assessment. The Council discussed why the street was riot improved when the Tilges Addition `went in, 'why it beneftted these peoples property and why it would be difficult to assess ,to other than the owners of. the property abutting the street. The City Administrator suggested that :Council may order only a part of the improvement, that being the asphalt street and leave the curb and gutter-go until concrete .curb and gutters installed in other areas of this part of the City-where it is'presently missing. This would reduce the .estimated cost of .the improvement at this time to $1,825. The Public Works. Director stated that it would cost from $SO to $75 each time the street. is oiled and it needs to be oiled at least three or four times each year, plus grading costs..: ` The City Attorney explained that the Council would have to have four yes votes to make the improvement and assess it against the property owners because the Council does not have a petition signed by over 507 of the owners in the area proposed to be `assessed. 76.379 Motion`was made by Curry, seconded by Mako that the improvement be made with blacktop only at an .estimated cost of $4.50 per foot with no concrete curb and gutter. Roll .call was taken on the motion..... Ayes, Mako, Curry, and Zaun. Nays, Emond and Clarkson. The project fails as it needed a 4/5 vote to legally .assess the costs... At this time Mr. Jim Nelson, 'an Attorney representing the developers of Cedar Highlands, addressed-the Council ..concerning. the preliminary plat of Cedar Highlands. Mr.`Nelson stated ahat.170th Street on the proposed plat had been changed to provide an 80 foot right-of-way in the eventual construction of a 44 foot wide street. He also presented a drainageplan for the Phase I area. Councilman Clarkson raised the problem of the City park located at, the north boundary of the plat and the sliding hill. He stated that kids in that area `would be trespassing on the private property of lot owners if. there was no .provision for some additional footage at-.the top of the hill bein~ added to the park.` After c©nsiderable` discussion, the developers and the pity agreed than a committee would meet at t1~esite to work out a solution to the sliding 'hill problem by providing some additional footing at the top of the hill on the developers.. property to the City. 76.380 Motion was made by Mako,.seconded by Curry to approve-the preliminary plat of Cedar Highlands subject to the City. and the developer agreeing to the dedica- -2- 1~ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2, 1976 tion of additional ark land to the City `at the rear of lots. 6, 7 and 9 on the north side o~ 169th Way. Ro11 call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.381 Motion was made by Emond, seconded by Curry to approve the first reading of an Ordinance rezoning a portion of the northwest corner of the Cedar Highlands plat. from R-1C to R-3A for ,multiple dwelling units. Roll call was. .taken on motion.. Ayes, Emond, Mako., Curry, Zaun, and Clarkson.. The second reading of the Home Occupation Ordinance was held. Councilman Emond asked if an occupation that was occurring in `a residential area that was not previously approved under the Home Occupation section of the Zoning Ordinance was brought to the City's attention, what the procedure would be. The City Administrator responded that in that case the person would be notified that they are in violation of the Home Occupation Ordinance and would be advised to .apply .for a permit under the terms of-the new Home Occupation Ordinance. 76.382 Motion was made by Curry, seconded by Mako to adopt the Home Occupation Or- dinance X95. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Zaun, and Curry. The City .Administrator presented an agreement signed by the owners of the Queen Ann Mobile Home Park agreeing to the payment and assessment of costs for extend- ing sanitary sewer service to the park.. 76.383 Motion was made by Emond, seconded by Zaun to approve the agreement and author- ize the..Mayor and Clerk to sign.. . . , Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry, and Zaun. 76.384 Motion was made by Mako, seconded by_ Zaun to .approve change order ~~1 to Richard Knutson, Inc. in the amount of $17,554 for the installation of sanitary sewer to the Queen. Ann Mobile Home Park.. Roll call was taken on the motion. Ayes, Emond, Clarkson, Zaun, Curry, and Mako. 76.385 Motion was made by Curry, seconded by Clarkson to appoint Mr. Sohn Asmus to the Lakeviale Planning Commission for the remainder of Mme. Baumgartner's term. Roll call was taken on the motion. Ayes, Mako, Emond, Zaun, Clarkson, and Curry. 76.386 Motion was made by Curry, seconded by Mako to appoint Anne O'Brien, Tom Grazzini -and Pat Grazzini to the Youth Advisory Board, with the specific term of office to be determined later by .the City Council. Roll call was taken on the motion. Ayes, Emond, Mako, Zaun., Clarkson, and Curry. The City Administrator advised the Council that approval of the insurance speci- fications was not. necessary at this time and will be taken up in September.: At this time `the Council took up the. discussion of the proposal to establish a Natural Resources Commission in Lakeville. The Council discussed their various concerns and ideas on the role and responsibility of such a Commission. The Council decided that the Commission should be established at this time bq Re- solution. There was an agreement that the Commission should consist of seven members and that they should .begin their work on this basis and then the Coun- cil can evaluate whether or not a full Ordinance and Commission should be es- tablished Iater. The City Administrator and City Attorney were directed to prepare a Resolution .establishing a Natural Resources Commission. 76.38T Motion was made by Curry, seconded by Zaun to direct the City Administrator and City Attorney to preparesaid Resolution.- Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Clarkson and Zaun. The-first reading of an Ordinance amending Section 25.8 of the Zoning Ordinance by requiring the placement of a house on a lot so that a two car normal size garage could be accommodated in the future was-held. _3_ ~R r t• { CITY OF LAKEVILLE COUNCIL MEETING AUGUST 2, 1976 .The second reading will be on the August 16 Council agenda. There were,no objections from anyone present. Mayor Mako presented names for the Advisory Commission for Cable TV as re- quired by State Iaw. The Mayor stated that because; .Lakeville does have a cable TV franchise issued. that we must have 'a local Commission under State law to have granted a franchise. The Mayor proposed that LuVerne Nelson, Bud Weber, Jerry Clay, Patrick McGarvey, City Administrator, and himself be placed on the Commission at this time. It was decided that if another citizen wished to be on the Commission. that the City Administrator would resign and that person be placed on the Commis- sion. 76..388 Motion was made by Mako, seconded by Emond to appoint the above named indi- viduals to the Zakeville Cable TV Commission. Roll call was taken on the motion. Ayes,: Emond, Mako,`Curry, Zaun, and Clarkson. 76.389 Motion was .made by Curry,. seconded by Zaun to acknowledge receipt of the Lake- ville Fire Department Relief Association financial report and refer it to the Fire Committee of the City Council for review and a recommendation on their request. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson. ..76.390 Motion was made by Emond, seconded by Mako to appoint the City Administrator as the official to sign an application to~ th~e'State, of Minnesota. for r,eunburse- ment of the training expenses for new policemen in the Lakeville Police Depart- ment. Roll call was. taken on the motion. Ayes, Emond, Mako, Curry, Clarkson, and Zaun. 76.391 Motion was made by Clarkson, seconded by Emond to accept the bid on the 1976 seal coating program from Blacktop Construction of .Shakopee in the amount of $13,574.50. Therewere no other bidders.. Roll call was taken on the motion. Ayes, Emond, Mako,. Curry, Clarkson, and Zaun. 76.392 Motion was made by Mako, seconded by Clarkson to award. the contract to Blacktop Construction in the amount of $13,574.50. Roll call was taken on .the motion. Ayes, Clarkson, Emond, Mako, Curry, and Zaun. Motion was made by Emond, seconded by Clarkson to adjourn the Council meeting..... Roll call was taken on the motion. Ayes, Mako, Emond, Curry, Clarkson, and Zaun. Respe fully ubmitted, . ~ f Patrick E. 2~IcGarve , City erk aG~~-~- ,Edward J.-Mako, or -4-