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11-15-76
a CITY OF LAKEVILLE COUNCIL MEETING } NOVEMBER 15,_1976 The meeting was called 'to order by Mayor Mako:at 8:00 P.M. The flag pledge.: was `given. Rolf call was taken. Present: Emond, Mako, Curry and Zaun. Absent: Council- man Clarkson. Also present: Pat McGarvey, City Administrator; Pat Farrell, City Attorney; Robert Rosene, Consulting City Engineer. Approval of the November l and 3rd.. Council .meeting. :minutes were tabled as they were .not ready .for approval. 76.592 Motion was made`by Emond, seconded by Zaun to approve the claims against the City.. Roll call was taken on the motion. Ayes,. Emond, Mako, Curry and Zaun. 76.593 Motion. was made by Curry, seconded by Zaun to approve the claims against the Liquor.. Store except Claim ~~1731 to Ackerberg & Associates for work on the Liquor Store addition plans: until they can appear before the Council and brief them on the status of the work. Roll .call was taken on the motion.- Ayes, Mako, Curry, Zaun and Emond. At this time Mayor Mako proclaimed November 21, 1976 as Apple Pancake Day in the City of>Eakeville on behalf of St. John's Lutheran Church and their pancake breakfast for the World Appeal fore Hunger. At this time Mayor Mako introduced Mr. Paul B. Johnson, Chief of the Section on Public Water Supply for the Minnesota Department of Health, to explain and review the report.. he had handed to the Council on .the .City water supply and system. Mr. Johnson reviewed the report with the Council and pointed out that the City .had been given a 94 rating, which is considered good. Previous-City ratings had been in a 94 and 95 range. Mr. Johnson explained how the rat- ing could be increased. to 97 by implementing his recommendations. He also pointed out that no cities ever received a 100 rating. At this-time Mr. Lawrence Brimehurst of Serco Laboratories handed 'out the pre- liminary interim report which his firm had done on the water system and he briefly explained his report. Residents in attendance at the Council meeting questioned Mr. Johnson and Mr. Brimehurst on the reports and .the .water analysis. Both gentlemen pointed out that .thee City of Lakeville water supply and system were safe and sanitary. Mr. Johnson pointed. out that the Lakeville water does have .iron bacteria,. but that it is an esthetic problem and does not poses health problem. They both agreed that the only real solution to that problem was the construe- tion of an iron filtration plant.. 76.594 After considerable discussion, Motion was made by Curry, seconded by Zaun to send copies of the reports to Dr. Frederixon for his written analysis and. request him to make a xeport to the City Council. Rolf call was. taken. on the motion: Ayes, Curry, Zaun, Emond. and Mako. At thin time,_Councilman Clarkson arrived at the: meeting and: took. his chair. 76..595. Motion was made by Curry, seconded by Zaun to direct the staff to begin n- vestigating the potential funding for the iron removal .plant. Ro11 call was taken on the motion. ,Ayes, Zaun, Emond, Mako, Curry and Clarkson.. At this time Mrs. Val Nordin addressed the .Council concerning the November 2 election problems.` Mrs. Nordin explained that she. was an election judge in Precinct II and was a member of-the League of Women's. Voters.. She reported to he Council in a letter-she had written"the problems-concerning election -1- • ~ i CITY OF LAKEVILLE COT3N'CIL MEETING NOVEMBER 15, 1976 r - registration, ,cramped quarters, and being out of supplies that had occurred on election day. She pointed.-out Ghat the League.. of Women's Voters would like to offer their services to the,City-to update the Voter Registration files The Gity Administrator pointed out that he concurred: with tfie problems stated by-Mrs. Nord in. and Mrs._Smith_n their letter to `the City Council and had ..add- ed -s©me recommendations of his own concerning .improvements that can be made in future City elections... ..Mrs. Huddleston addressed the Council and stated that. she thought it was time the City purchased voting machines and. eliminate the use of paper .ballots:.. She also stated she`is not in :agreement with the current law which allows voter registration on election day. 76.596 Motion was made by Mako, seconded by Curry to'authorize and direct that the City 'contact the League of Women's Voters for the purpose of getting their assistance and_up-dating the voter registration f;les and looking into the `need for .changing.. the .precinct voting Tines. Roll call was taken on the motion. ;.Ayes.., Clarkson, Emond, Mako, Curry and Zaun. At this time Mayor Mako had the Administrator read Motion X76.561 which was made at the October 18,:1976 Council meeting concerning 'the policy of the use of Engineering Consultants_in the future, ..looking for Engineering Gon- ultants-for 1977, and creating the position of a staff City Engineer. in the City of Zakevlle. The City Administrator twice read motion-X76.561 as stated. The motion was ;introduced by-Mayor Mako'and seconded by Curry that it should be the ;p©licy _ of the City of Lakeville to hire Engineering .Consultants on a non-exclusive- basis in .the 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. 76.59.7 °Motion was made by Mako, seconded by ,Curry. that it should be the policy of the. City of Lakeville to"hire Engineering Consultants on anon-exclusive basis in the future, that the Council begin to ~.nterview 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. 'aim Emond stated that he did_not feel all three items were necessary at this time. Councilman ,Clarkson also :stated that he did not favor the .motion as it was written. Councilman Zaun asked the Mayor about Lhe intent of his motion in .that in interviewing"Engineering Consultants for 1977- the. current Engineering Consultant might. well be considered along with others for the position of City Engineer during 1977 or the list of firms that would be kept for ..possible improvement pro3ects: Mayor Mako stated that it .was his intent in making the motion that the cur- rent Engineering Consultant. could be considered, and that the motion is .not entirely eliminating.,them-at this time. Roll call was taken on the motion.: Ages, Mako, Curry, and Zaun. Nays, Emond and Clarkson. 76.598 Motion was made by Zaun, seconded by Emond to receive the Planning. Commission minutes of November 4 and November 11 meetings.' Roll call was taken on the motion. Ayes, Mako, Currq,'Zaun, Clarkson and Emond. 7b.S99 Motion was made by Zaun, seconded tsy Curry to adopt any" Ordinance amending the Zoning Ordinance by adding a veterinary clinic and;hosptal'as a'conditioaal use in an 2-lA'zone. Roll call was taken can the motion. .Ayes, Clarkson, Zaun, Curry, Emond and Mako. -2- _ CITY OF;LAKEVILLE.COUNCIL MEETING NOVEMBER 15, 1976 7b.600 ..Motion was made by Zaux~, seconded by Curry to approve a conditional use. permit to Dr. Sweeney'to operate a veterinary clinic in an I-lA zone with the condo- tions as recommended by the Planning Commission for aperiod;of three years. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 76.b0I Motion was made by Clarkson, seconded by-Emond to approve the building and site plans for Dr. Sweeney for an addition to has veterinaryclinic and .authorize the Building .Inspector. to issue a`permit. Ro1Z call was taken on the motion. Ayes, Clarks an Emond, Mako, Curry and Zaun. The City Administrator reviewed with the Council the request of the Tom Thumb store to install aself-service gasoline operation. The City Administrator explained. that. the original proposal had been rejectedby the Planning Commis- sion and Planning Consultant due to traffic problems and lack of additional parking. The property owners had met with the Planning Consultant and had designated additional parking to be provided at the rear of the shopping `center and had rearranged the gasoline operation to eliminate conflicts with people .parking in the spaces in the shopping center. Due to these changes it was recommended by the Planning Consultant, Planning Commission that the Council .approve the conditional use permit for the self-service gas station. -76.b02 Motion was made by Curry, seconded by Zaun o approve the conditional use permit for a period of one year to the Tom Thumb stores for the operation of aself-service gas station. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The City Administrator read. an Ordinance rezoning the. east '150 .feet of Outlot C of Donnay's Valley Park. Addition from R-3C to R-1D so .that single family homes can be constructed on two lots in the proposed Valley Park 9th Addition plat. 76.603 Motion was made by Mako, seconded by Emond to adopt the Ordinance rezoning the east I50 feet of Outlot C from R-3C to R-1D. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. '76.604 Motion was made by Emond, seconded by Zaun to approve the preliminary plat of Donnay's Valley Park 9th Addition. Roll call was taken on the motion. Ayes, Clarkson., Zaun, Curry, Emond and Mako. The City Administrator handed out a letter from the Dakota County Electric .Coop. concerning street lighting in the Valley Fark Additions. The City Administrator recommended the Council defer the matter to the Public Works Committee for study with the staff as it was too Late for the company to install anything in the winter months, the gas lamps can. be operated until April 20th,, 1977, and the costs facing the City for street lighting are high and need considerable study. 7b.b05 Motion was made by Curry,` seconded by Clarkson to refer the request for street lights in the Valley Park Additions to the Public Works Committee for a re- port to the Council by mid-January, 1977. Rollcall was taken on the motion. Ayes, Zaun, Clarkson, Mako, Emond and Curry. :The approval of the Technical Assistance contract with Midwest Planning for 1977 was tabled until the first meeting in January. 7b.b06 Motion was made by Zaun, seconded by Clarkson to table the ;approval to the first meeting in January, 1977. Roll call was taken on the motion....•Ayes, Clarkson, Emond, Mako, Curry and Zaun. The City Administrator presented the Council with a tabulation of bids received oa the purchase of three cars for the Police Department..:. 76.607 Motion was made by Mako,.seconded by .Emond to receive the bids. Ro11 call was taken on the motion. ..Ayes, Emond, Mako, Curry, Zaua and Clarkson. -3- ~ • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER. 15,:..1976 ` The Council discussed :which three of the. present six cars considered for trade- in the City should trade in. 76.608 Motion was made by Mako, seconded by Zaun to award the purchase of three new cars for the Police Department to Todd Chevrolet and trade in three cars. Roll call was taken on the motion: Ayes., Mako, Curry, Zaun, Clarkson and Emond. Pat Farrell advised the Council that he had discussed Richard Rnutson's claim against the City for delays. caused by the City on:the Ipava to Highview utility project and recommended that the Attorney and. staff meet with Mr. Knutson'on that project as well as the Orchard Lake project in the next few days to at- tempt to final both projects. out.. 76.609 ,The City. Administrator discussed with the Council the proposed Ordinance which amended. Ordinance ~~13 on gravel excavations. After discussion, motion was made by Curry and seconded by Zaun to table the Ordinance until December 6, 1976 to allow Pat Farrell to review it. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. 76.610 Motion was made by Curry, seconded by Zaun to adopt Resolution X76-67 setting the new fee structure. for gravel permits. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. The-Public Works Director recommended approval of the .following streets,. in Woodbury Addition, Bassett's 2nd Addition and Lakeridge Addition. 76.611 Motion was made by Emond, seconded by Zaun to accept the streets and sidewalks in the Woodbury Addition.' . Roll .call was taken on the motion.. Ayes, .Clarkson, Emond, Mako, Curry and Zaun. 76..612 Motion was made by Emond, seconded by Clarkson to accept the streets in Bassett `s 2nd Addition. Ro11 call was taken on the motion.. Ayes, Emond, Mako,.Curry, Zaun and Clarkson. 76.613 Motion wasmade by Clarkson, seconded by .Zaun to accept the streets-in the •.'.Lakeridge: Addition. Roll call was 'taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 76.b14 Motion was made by Emond, seconded by Zaun to accept the City sewer and water project in Dakota Heights 7th Addition. Roll call was taken on the motion. Ayes,. Clarkson, Zaun,`Currp,-Emond and Mako.- 76.615 Motion was made by Zaun, seconded by Curry to authorize the City Public Works Department to plow snow in the :Dakota Heights 7th Addition for the winter of .1976-1977. Roll call was taken on the motion.' Ayes, Zaun, Clarkson,`. Emond, Mako and Curry. 76.616 Motion was made by Emond, seconded by Zaun to accept-the. Fire Station ~2 as being complete as of November, l3, 1976. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 76.617 Motion was made by Mako seconded by Emond to extend the Council meeting beyond the 11sd0 P.M.'adjournment time. Roll call was taken on-the motion. Ayes, Emond, Mako, Curry, Zaun aad Clarkson. 76.618 Motion was made by'Emond, seconded by Clarkson to approve the pay request ~3 on the Fire `Station ~2 to Westlund<Construction Co. Roll ca1T was taken. on the .motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond.. 76.619 Motion was made by'Mako, seconded by Clarkson to follow the recoammendation of -4- • • • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15, 1976 ` Robert Rosene in his letter of November 15, 1976 concerning the liquidated damages to be assessed on the water booster station project. Roll call was taken on the motion.. Ayes, Curry,`Zaun, Clarkson, Emond and Mako. 76.620 Motion was made by Curry, seconded by Clarkson to approve pay request ~3 to .the McGrand-Frovarp for work on the 1976 Orchard Lake utility project, Phase I. Roll call was taken on the motion. Ayes, Zaun, Emond, Mako,,Curry and Clarkson. 76.621 Motion was made by Mako, seconded by Zaun to set the"fee for inspecting mobile home hook-ups in mobile home. parks $10.00 for the initial inspection and $7.50 for any re-inspection required because of non-.compliance on the first inspec- tion. Roll call was. taken on the motion. .Ayes, Clarkson, Emond, Mako, Curry and Zaun. 76.622 Motion was made by Emond, seconded by Zaun to receive the report from the C ty staff on the cost of installing a bike trail along Cedar Avenue from 160th St. to 167th St. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 76.623 ~~otion was made bg Curry, seconded by Zaun to direct the City Attorney to pre- pare an Ordinance to preclude the use of plastic milk containers in the City of Lakeville. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond.,. 76.624. Motion was made by Zaun, seconded by Curry to approve revised change order,~2 to Richard Knutson, Inc. in the amount of $21,709.75 for the installation. of a sewer lateral to serve the Queen Ann Mobile Home .Park. Roll call was taken on the motion. Ayes, Curry, Zaun, Clarkson, `Emond and Mako. 76.625 *?otion was made by Curry, seconded by Clarkson to ad3ourn the Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Respectfully submitted, c .Patrick E. McGarvep, City C rk Edward J. Mako,' yor -5-