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HomeMy WebLinkAbout10-18-76 a CITY OF LAKEVILLE COUNCIL MEETING > OCTOBER 18, 1976 The meeting was called to order by Mayor Mako at B:OO P.M. The flag pledge was given. Roll call was taken. Present: Emond, Mako, Curry and Clarkson.' Absent: Zaun. Also.present: Patrick McGarvey, City Administrator; Pat Farrell, City`Attorney; Robert Rosene, Consulting City Engineer; James Robinette, Public Works Director. 76.531 Motion. was made by Emond, seconded by Curry to approve the Council minutes of October 4, 1976. Roll"call was taken on the motion. Ayes, Mako Emond, Clarkson and Curry, 76.532. Motion was made by Curry, seconded by Clarkson to approve the Council minutes' of October 6, 1976. Roll. call, was taken on theemotion.. Ayes, Curry, Clarkson, Emond and,Mako. The minutes of the October 12 meeting were not available for approval. 76.533 Motion was .made by Emond, seconded by Curry to approve the Maims-against the City. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako and Curry. 76.534 Motion was made by-Emond,.seconded by Mako to approve. the claims against the Liquor Store.. Roll call was taken on the. motion, Ayes, Emond, Mako, Curry and Clarkson. At this time Mayor Mako announced his intention to take up the item concern ing the engineering matters which the Council placed on this agenda at the .October 12 meeting at around 10:30 P.M, or before if Councilman;Zaun returns before then. The Mayor explained that Mr. Zaun had a meeting to attend in Mankato. There were the following .staff reports. Pat Farrell recommended the Council approve a settlement with Richard Sexton on a suit concerning the Highview Avenue Street improvement in the amount of $4,500. 76.535 Motion was made by Mako, seconded by Curry to approve the settlement with Richard Sexton concerning a suit 'on the Highview Avenue Street improvement in the amount of $4,500, less amounts previously paid. Roll call was taken on the motion. Ayes, Mako, Curry, Clarkson and Emond. 76.536 Motion was made by Emond, seconded by Mako to authorize settlement in payment of an easement from Wallace Skinnerfor $700 as recommendedby the Gity Attor- ney. -Roll call was taken on the motion. Ayes, Curry, Clarkson, Emond and Mako. 76.537 Motion was made by Clarkson, seconded by Emond to approve payment up to $825 to Harry Gustafson and Richard Hawthorne to replace property irons removed by the contractor on the Orchard Lake project.: alomg Highway 50. and restore-the property, as recommended by Mr. Farrell. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako and Curry. Mr. Farrell advised the Council-on the settlement'reaehed in-Court concern-`""9 =ing :the Harry S. Johnson Industrial Revenue Bond project and suit. Mr. Farrell also advised the Council on the status of the suit against the City by Clint Zweber and James .Larson on the Highview Avenue assessments whichhas been set for trial in November. Mr. Rosene handed out a written project report showing the status of various City projects. Mr. Rosene also reported on the status ©f the Orchard Lake project and stated CITY OF LAKEVILLE COUNCIL MEETING , OCTOBER. 18, 1976 ' that the final'sealing work on the-portion of- he line under the swamp had been ` completed"as of Octobex 18th and .that the City Public Works Department and in- spectors would be checking the-line to see if it passed the infiltration tests, and if so zhe`system would then be`able'to be placed .into operation. Mr. Rosene recommended that the Council<authorize the City Administrator to allow the hook ups to the line once the City staff has. determined .that the sewer lines pass all specifications concerning infiltration. 76.538 Motion was made by Mako, seconded by Emond to authorize the City Administrator to`allow the hook up to 'the Orchard Lake trunk sewer project once the staff has determined that is passes the specifications. Roll call was taken on the motion. Ayes,`Emond, Mako, Curry, Clarkson. Mr. Rosene then advised the Council concerning the status of the Phase I 1976 . Orchard Lake project along 168th Street. The City. Administrator; recommended to the Council that the Council authorize the payment of 50% of the costs incurred by the All'Saints Church to replace a sewer service which the Church beleved'was plugged by the'City sealing work done in that portion of Lakeville in`,1975. The City Administrator point- ed out that the Council had paid the costs of opening up other private service lines that were sealed shut as a"result: `of the City work, but the Church line could not'be opened due to a blockage further from the Lateral. As a result he Church had. to replace the entire service line and it was the staff's recommendation that a 50% payment represented a fair settlement. Council was advised that the Church was satisfied with the settlement being proposed. 76.539 Motian was made, by Curry, seconded by Mako to authorize the payment tp All _ Saints Church for 50% of the casts incurred=by the Church to replace their sewer service Sine not including sales tax. Roll call was taken on the motion. ;Ayes, Mako, Curry,'Clarkson, and Emond. The City Administrator recommended that the Council approve the gravel ex- cavation permit for Elizabeth Seely which had been tabled because of wood pallets on the property which have now been cleaned up; ~ i 76.540 Motion was made by Emond, seconded by Curry to approve a gravel excavation j permit for up to 10,000 cubic yards for the remainder of 1976 for Elizabeth Seely. Roll call was taken on the motion. Ayes, Curry, Clarkson, Emond and Mako. The .City Administrator handed out a`set of insurance specifications and recommended that the Council approve them and set a bid date 'Sf December 13, 1976,at 2:00 P.M. He advised the Council that the present insurance agent':had'advised the City that: coverage"would be extended from the Decem- ber 5th termination date through the end of the year so`that the City could get the insurance coverage on a calendar year `which is also the City`s fiscal year. 76.541 Motion was made by Emond, seconded by Curry to approve the insurance speci- e fications and set December 13, 1976 at 2:00 P.M. as the bid opening ,date. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako and Curry. The City Administrator presented specifications for the `purchase of three new ~'alice squad cars and`.recammended the Councillset November 9, 1976 at 2:00 P.M.`as the bid opening. 76.547 Motion was made by Curry, seconded by.Emond to approve the specifications an the purchase`of three-anew squad cars for the Police Department and set November 9, 196 as the bid opening date at 2c00 P.M. Ro11 call was taken on the motion. Ayes, Emond,"Mako, Curry and Clarkson.. The City Administrator presented an Amendment of the Lease and Guarantee on Rosemount Partitions, Inc. industrial revenue bond project now being taken over,`by Emerson Electric. The new company is assuming all obliga- - tioas. He recommended the Council approve the agreement with this much larger and financially sound company and let them assume these obliga- tions ' -2- _ ~ • ' CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 18, 1976 76.543 Motion was made by `Emond, seconded by Curry to approve and authorize the Mayor and Clerk to execute the agreement of Rosemount Partitions,'Inc. and Emerson Elec rc Company: Roll call was taken on the motion. Ayes, Mako, Curry, Clarkson and Emond. 76.544 Motion was made by Clarkson, seconded by Mako to receive the Planning Commis- sion minutes of October 7, 1976. Roll call was"taken on the motion. Ayes, Curry, Clarkson., Emond and Mako. The City Administrator recommended that Council follow the.recommendation of the Planning Commission and grant special Home Occupation .permits to Judy. Baldus to operate aone-operator beauty shop in her home and Julianne .Palm to give dance lessons. 76.545 Motion was made by Curry, seconded by Emond to grant a special Home Occupa- tion permit for one year to Judy Baldus as per her .application. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako and Curry.' 76.546 Motion was made by Emond, seconded by Curry to approve a special Home Occu- pation permit to Julianne Palm for one year as per her. application. Roll call was taken. on the motion. Ayes, Emond, Mako, Curry and Clarkson. Mr. Dick Sullivan and Mr. Gene Jacobson appeared before the. Council concern- _ing the preliminary plat of .Sullivan Estates, lst Addition.." The plat was reviewed., with the Council and it was pointed out that sewer and waterser- vices:.are already in place for the lst Addition lots.. The Citq Administra- tor pointed out that an asphalt .street with concrete. curb and gutter and sidewalks would have to be constructed in 1977 and that because Mr. Sulli- van only owas lots on the west side it would require a publicmprovement prod ect . Mr. Sullivan reported. that he was going to the next Park and Recreation Committee meeting to determine the. cash contribution for the park. donation 76.547 Motion was made by Clarkson, seconded by Gurry to approve the preliminary plat'of Suhivan_Estates lst Addition and direct that the park land dona- tion be determined. Roll call was. taken on the motion.. Ayes, Mako, Curry, Clarkson and Emond. 76..548. Motion was made by Clarkson, seconded by Emond to receive the Park and Recrea- tion Gommittee minutes of .October-6, 1976. Roll ca11'was taken on the motion. Ayes.,- Curry, Clarkson, Emond`-and Mako. 76.549 Motion was made by Curry,. seconded by Mako that the City staff investigate the possibility of establishing a bike trail as requested and recommended- by the Park and Recreation"Committee in their minutes. Rolle call. was taken onthe motion. Ayes., Emond, Ma.ko, Curry and Clarkson. The City Council briefly discussed the proposed 3977 City Budget and tax levy. 76.550 Motion was made by Emond,'seconded by Clarkson to adopt the Resolution No. `76-62 approving and adopting the 1977 City budgets in the amount of $1,218,972. Ralf call was takes on the motion. Ayes, Mako, Furry, Clarkson and Emond. 76.551 Motion was made by Mako, seconded by Curry to adopt Resolution No. 76-63 setting the tax levy"for 1977 at $712,678. Roll call `was taken on the motion.' Ayes, Curry, Clarkson, Emond and Mako. The City Administrator reviewed the second reading of the proposed"Fence Ordinance amending the"Zoning Ordinance No. 42, section 4.21 pertaining to fences. -3- . ! • CITY OF LAKEVILLE COUNCIL MEETING -0CTOBER 18, 1976 Mr. and Mrs. Whittier raised questions.concerning..the Fence Ordinance require- ments as to height ofcertain types of fences and the depth of installation of the fence posts.' `.76.552 Motion was made by Curry, seconded by_Clarkson to adopt Ordinance No. 98 amending the Zoning Ordinance No. 42, section 4.21 .pertaining to fences. Roll call was taken on the motion Ayes, Clarkson., Emond, Mako and Curry. The City Administrator read Ordinance No. 99 regulating Mobile Home Parks. fore the second reading. ' 76.553 Motion was made by Curry, seconded by Emond to adopt Ordinance No. 99 regu- lating Mobile Home Parks. Roll call was. taken on the motion. Ayes, Emond, Mako, Curry and Clarkson. The City. Administrator presented a report on the costs of improving the one block stretch of 208th Street, .part of which costs were donated to the City by the surrounding area residents. It was pointed out that Mr. Tutewold's property was not assessed as per the owner's request, and than the other two property owners were. assessed on a front foot basis for the remaining portion of the costs deducting the cash contribution. 76.554 Motion was made by Emond, seconded by Curry to assess the Beaumaster and Wright properties at the rate of $2.80 per front foot as recommended by the City Administrator. Roll call was taken on the motion. Ayes, Mako, Curry, Clarkson and Emond. Mr. Rosene reported that the final acceptance and payment for the water booster station should be delayed as this project was not ready for accept- once & the beginning of the one year maintenance period. The City .Attorney reported, to the Council that he had requested Richard Knutson to provide specific cost data on his claim he has filed against the City for delays caused on his utility project from Ipava to Highview. Mr. Farrell. requested the Council to table the matter until the second meeting in November. 76.555 Motion was made by Mako, seconded by Curry to table any further considera- ` tion,of Mr. Rnutson's claim until November 15,-.1976 Council meeting. Roll call was taken on; the motion. Ayes, Curry, Clarkson, Emond and Mako. The City Administrator advised the Council that a settlement had been-reached with. Local X320 representing the union employees in the Poliee Department, for the year 1977. The City Administrator recommended the Council approve the settlement based on a letter from the Administrator dated October 4, 1976 to Mr. Bastian, the Union Business Agent.. The Administrator pointed out that the members of the union had met and voted on the salary schedule and lot},geuity provisions contained in the letter and had'voted'to accept them. 76.556 Motion was made by Emond, seconded by Clarkson to approve the contract settlement'with Local #320 for 1977 as per provisions outlined in a letter the.City.Administrator..hadwritten .dated-October<4, 1976 to Mr. Bastian, and accepted by a vote of the 'union membership, and authorize the Mayor and City Clerk to sign the contract as per the provisions of the letter. Roll call was taken on the motion.` Ayes, Clarkson, Emond, Mako and Curry. 76.557 Motion was made by Emond, seconded by Clarkson to approve'~ay request No. 2 to McGrand and Frovarp in the amount of'$117,722.95 far work on the 1976 Phase I Orchard Lake sewer and water project. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, and Clarkson. 76.558 Motion was made by Emond, seconded by Curry to approve the bingo license to the Lakeville Lion's Club. Roll call was .taken on the motion. Ayes, Mako, Curry, Clarkson and. Emond: -4- ~ CITY OF LAKEVILLE COUNCIL .MEETING OCTOBER 18, 1916 Mayor Mako.-informed `the Council of a notice he had received:'from ahe Metropoli- tan Waste :Control Commission calling the-hearing on their request for a permit to construct a sludge disposal area in'the new Lakeville-Farmington, Empire Township Treatment Plant. Marianne Curry advised the Council of the Minnesota State Department of Healths availability to advise the Council on water quality matters and requested that a representative from the Health Department attend the Council meeting in November.. 76.559 Motion was made. by<Curry, seconded by Mako to direct the City_Administrator to request the Minnesota State Health Department"to have a representative apgear before he 'Council on November 15, 1976 to discuss water quality matters.' Roll call was taken on the motion. .Ayes, Curry, Clarkson, Emond and Mako. 76.560 Motion was made by Curry, seconded by Mako to `make the memos written by the ::..Public Works Director to the-City.. Administrator dated October 1, 4, and 15th concerning the.. Orchard Lake project a matter of, public record. Ro11 call: was taken on the motion. Ayes, Clarkson.'Emond,'Mako and Curry. At this time Mayor Mako stated that the matter_of the Engineering firm would be taken up as it appeared Mr. Zaun would not be making. it to'the Council :.meeting. 76..561 A motion was introduced by Mayor Mako, seconded by Curry that it_should be the policy of ahe City of Lakeville to hire Engineering _Consultants `on a non'-exclusive basis in=ahe future, that '`the Council begin to interview' other engineering firms for 1977 and that it is the intention of the City of Lakeville Council to retain a full time staff engineer as'soon as it is financially-feasible-in the future. At this time the :Mayor: opened up the meeting for discussion on the motion. Mr. Rosene explained in answer to a question from 'a citizen that i.n 1975 their firm had worked on~23 projects in Lakeville involving over three million dollars in construction costs, and that their fee schedule as applied to these costs would arrive at the fees they-esrn. Also at this time Mr. Rosene requested a hearingbefore the City Council as a result of evens discussed at the October '12th meeting.: Mr.'Rasen:e,stated Ghat he felt a hearing should be granted because he felt the integrity, re- -putation of their firm and the quality of their work had been discussed at the October 12 meeting. Mr. Rosene stated that their firm had discussed with their. attorneys, matters which had`agpeared in print in the latest local newspapers concerning their firm's work in Lakeville Councilman Emond questioned if a change was realiy_for ahe better and was for giving the present Engineering firm a hearing before the Council. The Cty,Administratar pointed out that it:was not the ir?tent of the Council to retain a separate engineering firm on'every single pro3eet that would come along in the..future when the projects were very similar in nature, but that some firms would be interviewed and probably be retained for major projects of different varieties. There was considerable discussion concerning the resolution introduced by the Mayor. Roll call was taken on the motion. Ayes, Mako and Curry. Nays, Emond and Clarkson. 76.562 - Motion was made by Emond, seconded by Clarkson to place. the motion introduced by Mayor Mako above on the November 15, 1976 Council agenda for reconsidera- tion. -Ro11`call was taken on the motion. Ayes, Mako, Clarkson and Emond. Nays, Curry. -5- CITY OF LAKEVILLE COT3NCIL MEETING OCTOBER IS, 1976 76.563 .Motion was made by`Emond, seconded by Clarkson to set a special meeting on November 3, 1976 at 7:30 P.M. to certify the election results of - November 2, and to have a hearing'on the engineering matters with the pre- sent Consulting Engineer ,beginning at°8:00 P.M. Mayor Mako moved to amend the motion to change the meeting to the JFK School commons area. The motion of Mayor Mako died'for the'lack of a second. Roll call was taken'on'the motion introduced by Councilman Emond. Ayes, Curry, Clarkson, Emond'and Mako. .76.564. Motion was made by Mako,,seconded by Curry that .in order to protect the $1,506,904.09 ,public investment of the Lakeville citizens in the Orchard Lake pro3ect, that the services of a qualified, registered engineer, who has no relationship to this 'or any other. project in the_City: to conduct the final inspection and review of the Orchard Lake project with the Public Works Director before .the. maintenance bond expires be retained. Roll call was taken on the motion. Ayes, Curry, Nays, Clarkson., Emond -"and Mako. 76.565 Motion was made by Emond, seconded by Mako to adjourn the Council meeting. Roll callwas taken on the motion. Ayes, Emond, Mako, Curry and Clarkson. Respectfully submitted, _ -r_~~ Patrick. E. McGarvey, City erk M~-~/ Edward ` J . Ma&.e~ yor -6-