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HomeMy WebLinkAbout08-16-76 e' ~ COUNCIL MEETING CITY DF LAREVILLL AUGUST '16, '1976 The meeting was called to `order at 8:00 P.M._bg Mayor Mako at the Lakeville High'School. RoI1 call was taken. Preseat: Mako, Zaun., Emond, and ,Clarkson. Absent: Curry. Also present: Patrick McGarvey, City :.Administrator;. Robert Rosene, Consulting Engineer; 3ames Robinette, Public Works Director; Roger Knutson, City Attorney. 76.393 Motion was made by Emond, seconded by Zaun to approve the Council minutes of ..August 2, 1976. Roll call was taken on the motion.- Ayes, Zaun, Mako, Emond, and Clarkson. 76.394 Motion was made by Emond, seconded by Zaun to approve .the claims against the -.City as presented..... Ro1S`ca11 was taken on the motion. Ayes, Emond, Mako, Zaun,. and Glarkson. ...76.395 Motion was made by Emond, seconded by Zaun to approve the claims.against the ...Liquor Store. as presented. Roll call"was taken on the motion. `Ayes,. Clarkson., Zaun, Emond and Mako. At this time Mayor Mako opened the discussion on the revised sanitary sewer ..rates :for the approximate 30 people in attendance at the Council meeting. The Magor called on the`City.Administrator to explain the .changes to be made in the sanitary: sewer rate policy and structure and review three examples 'that were posted on the bulletin board for those in attendance at the meeting. It was explained that the Citq Council was readopting the policy of using the 'firs quarter water usage as the maximum: usage to be billed for sanitary sewer for all single family,, duplex, townhouse. dwelling. units which are individual metered for the second, third; and fourth .quarters. of each .year. The mini- mum:sewer bill for all users would remain at $9.00 for.: up to-10,000 gallons. of usage.; Senior Citizens would .continue to get a 307 discount on their bill. The sewer rate for usage above 10.,000.gallons was to be set at 75c per 1,000 gallons. This policy. and rate change was to be retroactive to the .second quarter of 1975.:. There were several questions-from the citizens in attendance concerning the cost of `the sewer system and treatment especially concerning the amount of infiltration in the: sewer system.. Council and staff answered those questions. 76.39b Motion was made,by Clarkson, seconded by Emond to adopt Resolution 76-36 setting he policq and rate structure for sanitary sewer service. Roll call. was taken on the motion. Ayes, Emond, Mako, Zaun, and Clarkson. There were no reports from the City-staff. 76.397 .Motion was made by Clarkson, seconded by Zaun to receive the minutes of .thee August 5,:'.1976. Planning. Commission meeting.. Roll call rasa taken on the motion. Ayes, Emond, Mako,'Zaun, and Clarkson. 76.398 Motion was made by Emond, seconded by Zaun to approve and grant a variance to Noel Mc(~ire to construct ahouse on a below grade lot as recommended by the :Planning Commission.- . `Roll call was 'taken on the motion.' Ages, Zaun, Clarkson, Mako, and Emond. .:76.399 Motion was made by Zaun, seconded by Emond to denq the request for a variance in the setback requirements for the side yard as requested by Bruce, Person, as-recommiended by the Planning. Commission. `Roll call was taken on the motion. Ayes. Emond, Mako, Clarkson, and Zaun. At this time the Council reviewed a report from the City Planning ;Consultant with the Gity Administrator. concerning adoption.. of a one year moratorium in certain areas of the City and the proposed requirement for a l0 acre minimum lot size in certain areas of the City that are. not to receive utility ser- vice until after 1980 and 1990. The Cour?cil and staff discussed: these re- -1- R cy w CITY OF,LAREVILLE COUNCIL MEETING AUGUST 16, 1976 ports and staff was directed to.prepare the Resolution. which would state. the proposed xequirements and pecfics of a moratorium and 10-acre lot size re- quirement. r The City Administrator reviewed a map showing '..the interim urban/rural service district map as determined by the former Water and Sewer Committee, Planning .:Commission, City Council, and City staff:. The map shows the area of the City where utility trunk service is considered available now, or within the short range, the area planned to be provided trunk utility service in the I980's, and the area which would not receive utility .trunk service until after 1990. The Council-directed staff to make a change in the boundary on the southwest sideof Lake Marion, moving an area into the midrange, and to-include on the map the location of various public buildings in the community. The City Administrator recommended the Council adopt the iterim urban/rural service area concept }plan map with those changes so that it could be sent to the Metropolitan Council's staff in time for the .meeting with Council representa- tives and staff on August 26th and before the Gouncil staff prepares the Sgstems Statement for Lakeville. 76.400 Motion was made by Emond, seconded by 2sun to adopt the interim.urban/rural service district area concept plan 1976. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, and Zaun. The City Engineer presented a tabulation of.the bids received on the Phase I of the 1976 Orchard Lake water and sewer lateral project, The Engineer re- gorted Ghat the City had received a very favorable bid from the low bidder, well below his estimates and all of the:bther bidders on the. project. Mayor Mako reviewed with the Council the problem the City is having getting a permit from the Minnesota Pollution Control Agency for the installation of this. sewer project. The P.C.A. is 'withholding the issuance of the .permit because the Lakeville treatment plant is over design capacity at the present time and the M.W.C.C. had written a letter to the P.C.A. requesting the PC.A. to attempt to require the City to limit its number of connections to the sanitary sewer system until the new treatment plant is finished in Empire .Township.. The M.W.C.C. had suggested a limit of 250 connectiona, which the City has stated in 'its application to the P.C.A. is less than what the City can agree to. The City informed the M.W.C.C. that we anticipate approxi- mately 317 connections in 1976 alone. The staff and Council. discussed the problem and prepared to appear before the P.C.A. Citizens Board meeting on August 24, 1976 to request the Board toissuethe required permit. The Mayor ,stated that if the P.C.A. Board issued the permit the Council would call a special meeting to award the contract so that construction could com- a mence as soon as possible. 76.401 Motion was made by Mako, seconded by Zaun to receive the bids. on the Phase I of the 1976 Orchard Lake water and sewer lateral project and to table them nntil after the results of the meeting on August 24, 1976 before the P.C.A. Citizen's Board. Roll call was: taken on the mat ion. Ayes, Emond, Mako, Clarkson, and Zaun. Item X13 was tabled. (Setting bond sale to finance Orchard Lake Phase I .utility project and Dakota Heights street project). 76.402 Motion was made by Emond, seconded by Zaun to appoint the election judges and clerks for the September l4, 1976. primary election as presented to the Council by'the City staff: Roll`ca.11 was taken on the motion. Ayes,. Emond, Mako, Zaun, and Clarkson. 76.403 Motion was made by Zaun, seconded by-Emond to, adopt Ordinaace X96 amending the Zoning Ordinance by adding to Section 25.8 (2)f, a requirement provid- ing lot space for a two car garage within the'setback requirements. for all new one and two familp dwelling .units. Roll call was taken on the motion. Ayes, Zaun, Mako, Emond and Clarkson. GITY OF LAKEVILLE COUNCIL MEETING AUGUST 16, 1976 The City Administrator .presented aletter from the .George M. Hansen Company .requesting. the Council retain their firm to perform the 19.76 audit. The City Administrator recommended the Council approve the request. 76.404 Motion was made by Emond, seconded by Zaun to retain the George M. Hansen Company to perform the 1976 audit. Roll call was. taken on the motion. Ayes, Emond, Mako, Clarkson, and Zaun. 76.405. Motion was made by Clarkson,. seconded by Zaun to approve pay request ~l to the Robert 0. Westland Construction Company for work on the new fire station in the amount of $33,236.10. Roll call was taken on the motion. Ages, Emond, Mako, Zaun, and Clarkson. ~'~<<406 Motion was made by Clarkson, seconded by Zaun to approve pay request ~5 to the"Berglund-Johnson, Inc. for work on the water .booster station in the amount of $9,481,00. Roll call was taken on the motion. Ayes, Emond, Zaun, Clarkson, and Mako. Approval of payment to Mark Hurd Aeriel Surveys for work on the Z foot con- tour mapping was tabled. 76.407 Motion was made by Clarkson, seconded by Zaun-to approve pay request #9 to Richard Knutson, Inc. for work on the Orchard Lake/Lakeville Hills water and sewer trunk project in he amount of_$26,703_.2:4. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, and-Zaun. The City Attorney advised the Council that the State ~.egislature had changed.. ..the State Statutes concerning..the requirements to operate a bingo game in Minnesota. The State law now requires the operator of the bingo game to supply a bond to 'the City and that.. the Manager of the game must be identified in the application. The Council discussed the requirement of the State Statute and .the Attorney advised the Council that it was a law of the State and would have to be comp- lied with. The City could adopt an Ordinance imposing more stringent require ments,'but could not adopt an ,Ordinance with lessor requirements than the State Statute. .76.408 Motion was made by Clarkson, seconded by Zaun to grant a bingo license to the All Saints Church and to advise the proper-officials of the requirements. .under State Statutes... Roll call was taken on the motion. Ayes, Emond, Mako, Zaun, and Clarkson. 76.409 Motion was made by Emond, seconded by Clarkson to approve an agreement between the City and its Engineering Consultant, Bonestroo, Rosene, Anderlik and Assoc. to perform engineering services in the survey of the existing sanitary sewer system in the City. This agreement is necessary to accompany the agreement approved earlier between the City and the M.W.C.C. for obtaining a grant from the E.P.A. to survey and eventually repair the sanitary sewer system to reduce _ infiltration.. The.. agreement covers the estimated cost for the sewer survey work as required by the E.P.A. and would be implemented if the M.W.G.C. and the City. of Lakeville .are successful in obtaining a grant covering 90% of the costs from the Federal Environmental Protection Agency for the project. Roll call was taken on the motion. Ayes, Clarkson, Zaun, Mako, and Emond. The proposed building .plan. and site plan from Mike Gresser to construct the building on the property of Natural Pipeline of Lakeville was discussed. .76.410 Motion was made by Clarkson..,. seconded by Zaun to refer the plans to the , Planning. Commission for. their review and recommendation before the Council acts upon it. Roll Bail was taken on the motion. Ayes, Emond, Mako, Clarkson, and Zaun. 76.411 Motion was made by Emond, seconded by Zaun to approve. the pay request ~1 to -3- CITY OF LAKEVILLE COUNCIL MEETING' AUGUST 16, 1976 Blacktop Construction for the 1976 seal coating of streets in the amount of $11,487:62. Roll call was taken on the motion. Ayes,. Emond, Mako' Clarlc$an and Zaun. 76.412 Motion was made bq Zaun., secanded by Emond to approve pay request ~l to Minnesota Valley Surfacing for work on the Dakota Heights/Oak Hi11s street .project in the amount of $86,180..40. Roll call. was taken on the motion, Ayes, Zaun, Clarkson, Maka, and Emond. 76.413 Motion was made by Emond, seconded by Zaun to approve pay request ~3 to r; McNamara Vivant-Contracting Company for work on the Oak Shore Drive street pra~ect in the amount of $3,482.11. Roll"call was taken on the motion, Ayes, Mako, Clarkson, Emond, and Zaun. 76.414 Motion was made by Zaun, seconded by Clarkson to allow the Lakeville Civic .Theatre the use of the .City sign on 35W. Roll. call was taken on the motion.. Ayes, Emond, Mako, Zaua, and Clarkson, 76.415. Motion was made by Councilman Clarkson to diseuss the proposed improvement to a"one block stretch of 208th Street east of Holiday Street.' Theemotion died for lack of a second. _Citizens present_at the Council meeting asked Council what they should do to get ..the Council to reconsider this improvement. Considerable discuasian occurred and it was. finally agreed that. the item would be placed on the September_7, 1976 agenda for discussion, The City Administrator advised the Council and citizens that a public hearing was held`, closed, and a de- cision rendered by a 3 to 2: vote, which was not satisfactory to allow the City to assess. the benefitted property, at ;the August '2, 1976 Council meet-" ing. Therefore, if this project was-reconsidered and anq assessment of_ the cost'of the project were ,to be made, it would require the calling of ; .another publichearing. Motion was made by Mako, seconded. by Emond to adjourn the>Council meeting, Ro11 call was .taken. on the motion.. Ayes, Mako, Emond, Zaun;. and Clarksan. Respectfully submitted, Patrick E. McGarvey,;Glerk Edward J. Mako, or -4-