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HomeMy WebLinkAbout09-20-76 R { x CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20,::.:1976 The meeting was caked to order by Mayor Mako at 8:00 P.M. Flag pledge was given: Ro11 call was taken. Present:- Mayor Mako, Gouncilmembers Zaun, Curry, Emond, and Clarkson. Also present: -Patrick McGarvey, City Administrator; Roger Knutson, City Attorney; Robert Rosene, Consulting Engineer; James Robinette, Public.Works Director. 76.453 Motion was made by Zaun, seconded by Curry to table approval of the minutes of the September'? and September 13 Council meetings as they mere prepared. Roll'ca11 was taken ,on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.454 Motion was made by Emond, seconded by Zaun to approve the claims against the City as prepared. Roll call tans taken on the motion. ,Ayes, Clarkson, Emond, Mako, Curry, and-Zaun. ..76.455 Motion was`made by Emond, seconded by Curry to approve the claims against thee- Liquor Store. Roll call was taken on the-motion. Ayes, Emond, Mako, Curry,' Zaun, and Clarkson. The City Engineer reported .that the McGrand and Frovarp-contract for sewer 'and water installation on the north shore of Orchard-Lake was progressing adequa~eiy. Mayor Mako raised the.~question`about the possible relocation of 168th Street o eliminate the :present viaduct under the railroad tracks. 76.456 Motion was made by Mako, seconded by Curry to have the staff `look .into the possibilities of providing anew railroad crossing eliminating the viaduct 'at 168th Street. Roll call was taken on the`moton.. Ayes., Mako, Emond, Zaun, Clarkson, and. Curry. 76.457 Motion was made by Emond, seconded by Zaun to adopt-Resolution No_ 76--42 through 76-48 calling ;for various assessment. hearings:...foreOctober 6, 1976 at the Lake- " vi11e High School.. Roll call was taken on the motion. Ayes, Emond, Mako,`Gurry,.Zaun and Clarkson. At this time Mr. Stock representing the Central Telephone Company addressed the Council concerning .thee temporary installation of nine telephone poles to serve a part. of the Oak .Hills Addition where. there. are no sewer and water installed- as yet. Mr. Stock explained that the company felt it reasonable to request the installation of temporary `overhead systems until after the City had installed sewer"and water, because underground utility lines of electric or telephone would be in the .way of the sewer and water installation and would most likely-be damaged by the construction of the utility system. He stated that thecompany would re- move the overhead system and replace it with an underground:.systemas soon as the utilities are installed by the City. or developer. 76.458 Motion was-made by Emond,,seconded by Curry to grant a temporary overhead tele- phane and electric system be installed 3n a`part of Oak Hills to be removed within 60 days after notification by the City that the sewer and water system.. are in place. Roll call `was :taken on the motion. Ayes, Emond,`Mako, Curry', Zaun, and Clarkson. 76..459 Motion was. made by Curry, seconded bg Emond to table the consideration of the Resolution imposing a moratorium on building in certain areas of the City and send a letter to the Lakeville. Chamber of Commerce .from the Mayor advising them of the Council's action. Roll call was. taken. on the motion. Ayes., Emond, Curry, Zsun,'Clarkson, and.Mako. The City Administrator read the Ordinance amending Ordinance #ll being the sub- division ordinance for the first reading..... 76.460 Motion was made'by Mako,.seconded by .Curry to place the. Ordinance on the October _1.. t CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1976 4,'.197.6. agenda for -the second reading and 'adoption. Roll call was taken on the motion. Ayes, Matra,`Curry Clarkson and Zaun. Emond abstained. The Council and .staff discussed .the proposed Fence Ordinance. Council ques- tioned the requirements for `fencing around swimming pools. and directed the staff to further .look into the type of pools: that should: require fencing. 76.461 Motion was made by Mako, seconded by Curry to direct the staff to:restructure parts of the-Fence Ordinance and. bring it back on the Oetober`4th agenda for further consideration and a:.possible first: reading of the Ordinance. Roll call was taken on the motion. Ayes, Emond Mako, Curry, Zaun and Clarkson. 76..462 Motion was made by Emond, seconded by ;Zaun to receive 'a letter from Mike Gep- hart requesting approval of .establishing aBoxing Club in Lakeville: Roll call was taken on .the motion'.: Ayes, Zaun, Clarkson, Emond, Mako and Curry. It was pointed out that ;the State requires-the City Council approval before the State Boxing Commission will act on issuing a Boxing Club license. It was also pointed out that the Lakeville Jaycees are 'sponsoring this Club'n Lakeville. 76.463 Motion was made by,Currg, seconded by Zaun to approve Mike Gephart's request to'establish a Boxing Club in Lakeville contingent upon the Jaycees approval also.. Rolf call was .taken on the motion. Ayes, Emond, Mako,_Curry, Zaun, and Clarkson. 76.464. Motion was made by Curry, seconded by Zaun o approve a contract with Ackerberg. and"Associates and designate the City Administrator as the official City repre- sentative with the architect; for the enlargement and remodeling'of the Lake- vi11e Liquor Store. Roll ca21 was taken on the-motion. Ayes, Eaun,,Clarkson, Emond, Mako, and Gurry. Mayor Mako read a,proclamation proclaiming Hunting and Fishing Day in Lakeville as received from Mr. Al Kraft. 76.465' Motion was made by Zaun, seconded by Curry to receive the Planning Commission_ minutes of `the September 16, 1976 meeting. Mr.- Ray Brandt, P.E., representing the developer of Golden Leaf Forest appeared before the Council with the final plat of the Golden Leaf Forest Addition. Staff recommended the Council approve the final plat, as the developer had -made :park cash contribution, `signed the developers agreement and .the final plan was in .conformance with,theapprovedpreliminary. 76.466 Motion was made by Emond, seconded by Curry to.approve the final. plat of Golden, Leaf .Forest. Roll call .was taken on the motion. Ayes, Mako, Emond, Clarkson, Zaun, and Curry. 76.467 Motion was made, by Curry, seconded by Zaun to receive the Park and Recreation Committee minutes of September 15, 1976. Roll call. was `taken on the motion. .Ayes, Emond, Clarkson, Zaun,. Curry and Mako. 76.46$ Motion was .made by Curry, seconded by Zaun to receive the Youth Advisory Committee. minutes of .September 8,';.1976. Roll call was taken on'the motion. Ayes,•Clarkson, Zaun, Curry, Matra, and.Emond. Mr Robert Nelson addressed the Council and objected to the performance of the sewer and water contractor in the Dakota Heights Addition: The Council, staff', and Mr. Nelson d saussed the problems. - 76.469 Motion was made by.Emond, seconded by Clarkson to accept the Dakota Heights/Oak` Hills water .and ,sewer project and approve the final'payment`in tMe amount of $14,286.86, to Richard Knutson, Inc. Contract completion date, October 15, 1975.' -2- . ` t ~ ~ • .CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 1976 Roll call was taken on the motion. -Ayes, Zaun,-Curry, Mako, Emond, and Clarkson. 76.470 Motion was made by Mako, seconded by Zaun to accept the water and: sewer utility project from'Ipava to Highview Avenue and approve ..the final payment in the amount of $5,385 to Richard Knutson, Inc.` Contract completion date, September 15,`1975. Roll call was taken on the motion. Ayes, Curry, Mako, Emond, Clarkson, and Zaun. 76.471.. Motion was made by Zaun, seconded by Emond to acknowledge receipt of a letter and claim from Mr. Richard Knutson for damages caused by delay on the Ipava to Highview utility project and plat approval and easement acquisition, and refer the complaint to the City. Attorneyfor,a recommendation. Roll call was taken on the motion. Ayes., Mako, Emond, Clarkson, Zaun, and Curry: 76.472 Mofion was made by Emond, seconded by Clarkson to accept the Oak Shore Drive utility and street project and .approve .the fourth and final payment of $10,429 to McNamara-Vivant. Contract completion date, September 15, 1975. Roll call was taken on the motion. Ayes, Emond, Clarkson, Zaun, Curry, and Mako. 76.473 Motion was made by Emond, seconded by Clarkson to accept-the project and approve the final payment in the amount of $7,515.32 on the Lake Marion/Lteri treet project. Contract completion date,. September 15, 1975. Roll call 'was taken on the motion. -Ayes., Clarkson, Zaun, Curry,'Mako,'and Emond. 76.474 Motion was made by Emond, seconded by Curry to approve the final payment in-the amount of $100 to Brown & Mpls. Tank.Company,'on the water reservoir.: project. Roll call was taken on the motion. Ayes, Zaun, Curry, Mako, Emond and Clarkson. The City'Engneer presented Change Order No. l in the amount of :.$13,839.50 for added gravel, storm sewer. catch .bas in replacement and repair work on the Dakota ; Heights/Oak Hills street project. ?6.475 Motion was made by Clarkson, seconded bq Zaun to approve Change Order ~l in the amount of $13,839.50 with Minnesota Valley Surfacing Company and to approve the second pay request in the amount of $86,989.27 on he project. Roll call was aken on the emotion. Ayes, Clarkson, Mako, Emond, Curry, and Zaun. ° 76.476 Motion was made by Clarkson, seconded by Emond to approve pay request No. l to McGrand and Frovarp, Inc. for work on .the .1976 Orchard Lake lateral project in the amount of-$89,112.17. Roll call was taken on the motion: Ayes, Mako, Emond, Clarkson, Zaun," and Curry. 76..477 Motion was .made by .Emond, seconded by .Clarkson to accept the..work and approve the final pay .request to Blacktop Construction for the 197b seal coating program in the amount of $1,403.52. Ro1I call was. taken on the motion. Ayes, Emond, Clarkson, Zaun, Curry, and Mako. 76.478 Motion was made by Curry, seconded by Zaun to approve, effective January 1, 1977. the retirement benefit of $500.. per year of service for members of the Lakeville Volunteer Fire. Department. Roll call was taken on the 'motion. Ayes, Clarkson, Zaun, Curry, Mako, and Emond. 76.479 .Motion was made by Mako, seconded by Curry to approve the installation of a street light at 192nd Street and;Highw$y 50. Ito11 call"was taken on the motion. Ayes, Zaun, Curry, Ma.ko, Emond, and Clarkson. Mr. Robert Pulscher appeared before the Council and presented a Bond prospectus and discussed the'`requirements issuing ¢630,OQO of General Obligation/Assessment Bonds. Mr. Pulscher indicated that a tax levy included in the Resolution has not all of the project costs for the Orchard. Lake lateral project being assessed. 76.480 Motion was made by Emond, seconded by Zaun to approve Resolution X76-41 making -3- r CITY OF LAKEVILLE COUNCIL MEETING ~SEPTEZ'iBER 20, '1976 October. l2, 1976 as the day for taking bids on the sale of $630,000 of_G.O. Bonds. Roll call was taken on the motion. Ayes, Mako, Emond, .Clarkson, Zaun, and Curry. Under other. items of business, the City 'Attorney, Roger Knutson, was questioned: to check. out the requirement provisions and requirements of P.E.R.A. for manda- tory retirement at age 65 for City employees, especially those with less than ten years of full time service. The staff was directed to prepare a Resolution~on the Natural Resources Committee establishment for the October 4th meeting'to discuss. 76.481 Motion was made by Emond, seconded by Clarkson. to approve Change Orders ~ 3 and 4 to Richard Knutson, Inc. on the Orchard Lake trunk project in the amount of $3,440 and $3,098..50 and to approve pay request X10 in the amount.. of $68,197.13. Roll call was taken on the motion. Ayes., Emond, Clarkson, Zaun Curry, and Mako. 76.482 Motion .was made by Curry,, seconded by Zaun to approve a quotation from Midwest Asphalt Corp., to purchase Class 5 gravel material at 85~ a ton for the Public Works Department. Roll call was taken on the motion. Ayes, Clarkson, Zaun, Curry, Mako and Emond.' 76.483 Motion was made by Emond, seconded by Clarkson to extend the Council meeting beyond 11:00 P.M.' Ro11 call was taken on the motion. Ayes, Zaun, Curry, Mako, Emond, and Clarkson: The .Council and staff discussed the legal requirements and regulations concern- ing the filling of pondingareas by private parties in .the community. 76.484 Motion was made by Mako, seconded by Curry to write a letter to the D.N.R.where filling of ponds is happening and send a copy. of it to the parties involved, requesting State action on such matters. Roll call was taken on the motion. Ayes, Mako, Emond, Clarkson. Zaun, and Curry. 76.485 Motion was made by Emond, seconded by Zaun to retain E.J.M., Inc. to do the T.V. work on the Knutson Orchard Lake trunk project and the McGrand..project as per written quotations and recommendations by the Consulting Engineer. Roll call was taken on the motion. Ayes, Emond, Clarkson, Zaun, Curry, and Mako. 76.486 Motion was made by Mako seconded by Curry to have a Resolution preparedpro- viding for rotation of the Chairman of the Park and Recreation Committee, to conform to the Planning Commission. ..Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson. 76.487 Motion was made by Clarkson, seconded by Emond_to adjoura_the Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry, and Zaun. Respectfully submitted, _ _ ~c Patrick E. McGarvey,-Cle .Edward J. Mako, r -4-