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Home My WebLink About12-20-76 k _ CITY OF LAKEVILLE COUNT ~ MEETING DECEMBER 20, 196 The meeting was called to order at 8:.00 P.M. by Mayor Mako. The pledge of allegiance followed. Roll call was taken. Present: Emond, Q, Curry and Zaun.` Absent: Clarkson. Also present: Patrick McGarvey, City Administrator.; Patrick Farrell, City Attorney; Bob Rosene, City. Engineer. 76.655 _Motion,was made by Zaun seconded by Curry; to approve the Council minutes of the December 6, 1976 .Council. meeting.. ` Roll call was .taken. on the motion. .Ayes, Mako, Curry, Zaun and Emond. At this `time Councilman Clarkson arrived and .took his chair. 76.656 Motion was made by 'Curry, seconded by Zaun to approve the claims against the City as ..presented. Roll call was taken on the motion. Ayes, Curry, Zaun, ..Clarkson, Emond and Mako. The Administrator was requested to make a report to the :Council on the cost dur- ing 1976 for radio repairs, and to hold two checks fo~rthe two new fire trucks until. the Fire Chief okayed their release for payment. . 7 76.657 Motion was made by Curry,_seconded by Zaun to approve the claims against the Liquor Store as presented. Roll call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. The City Attorney reported that we had received a bill from Dunham Appraisals in the amount of $1,990 for appraisal work on the Orchard Lake utility project. The Attorney recommended the Council approve the claim. 76:658_ Motion was made by Maka, seconded by Curry to approve payment to Dunham Appraisals in the amount of $1,990. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun;and Clarkson. The `Engineer gave the Council a status report on the 1976 Phase I utility pro- ject on Orchard Lake constructed by McGrand and Frovarp. It was reported. that:: the lift station. had. arrived and that completion of the water and sewer utility work should occur by January lst. The City Administrator read, for the first reading, an Ordinance amending Ordinance'~66 regarding the use of various milk containers in the community and prohibiting the sale of milk in plastic containers, untii_June 1, 1977.. Mrs. Curry raised the question concerning the Ordinance as the League of Womens .Voters of Minnesota had taken a different position on the use of plastic coated containers. The City Attorney explained that `if _a milk company wishes to test such an Ordinanceahey could bring an action into District Court. The City Administrator was directed to send letters 'to the local Mares,advising them of the 'second reading of the Ordinance and the provisions of it. The City Administrator presented a tabulation of insurance bid proposals re- ceived on December 17th anal recommended that a special Council meeting be set after Christmas_to award the purchase, 76.659 Motion was made by Zaun, seconded bq Curry to receive the insurance bids. ..Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. The Council .decided to have a special meeting on Tuesday, December 28 at 4:00 P.M. The City Administrator read an Ordinance providing Workmen's Compensation cover- age for elected and appointed Committee members of the City. `It was pointed out that. such an ordinance was necessary) o have these officials receive Workmen's Compensation°coverage. 75.660 Motion was made bg Emond, seconded by Curry to receive the Planning. Commission ^ -1- ~ ' ~ " .P ~ CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 20, 1976 minutes of December 16,' 1976. Roll call was taken on the motion. Ayes, Curry,. Zaun, Clarkson, Emond and Mako. 7b.661 Motion was made by Emond, seconded by Zaun to approve the 'final plat of Donnay's Valley .:Park 9th Addition. .Roll call was taken on the motion. Ayes, Emond,,Mako,~Curry, Zaun and Clarkson. At this time the Council discussed the legal problems involved with John LaFavor conducting a cabinet making business in a barn on-his. property as 185th St. The Council reviewed the history of Mr. LaFavor's occupation in the community and the fact `that he had once received a conditional use permit to conduct the business in another area of the City with the same zoning, R-1C. The Council also discussed whether or not it would, qualify for a special Home Occupation permit .under the Home Occupation Ordinance. Just'as the-discussion ended Mr. LaFavor entered the. meeting and Council asked the City Attorney to discuss the matter with. him. in the adjacent room to the Council Chambers, Staff was directed. to review the matter and make a recommendation to the City .Council in January. The minutes of the Park and Recreation Committee meeting of December 8, 1976, .were not ready. At this time Mr. Len Nelson, Chairman of~the.Park and Recreation Committee, read a motion that was made and adopted at the December 8 meeting concerning <.the Committee's support far~the.Council approving a Grant..application for LCMR funds in the amount of 50% of the proposed Antlers Park improvement. - This would mean that the: City would have to provide $45,125 and the State .would provide a grant'in a similar amount. It had been applied for and hoped that the City would receive 75% grant rather than-the 50% grant fundingfor .the program. Since.Federalfunds were .used for other projects, the Recrea- tion Director reported that the most the City could expect to receive was a 50% grant. The staff advised the Council that the State would not require-,.the City to .provide its full fund during the fiscal year of 1977. The State would .pro- vide their funds at the beginning of the project and the City could provide its .funding during 1977 and 1978. In addition, the Citp..could provide a part of its funding in software, meaning that any time. City employees pro- vide to this. project & the use of City equipment could be charged for and counted as a part of he City's 50y funding of it. Thee Council discussed the ffinancialconstraintsthe City is experiencing and whether or not .the City could afford to :commit to 50% funding at thin time, to-provide funds in the..1978.budget for this project. As a result of the discussion the consensus of the Council was that the 50% grant was desired ~ the City should proceed iw~ah filing the final application. 76.662 Motion was made by Mako, seconded by Curry to enter the final grant applica- tion for the LCMR funds in the amount of 50% of the Antlers Park project, with the City to fund its 50% cost during 1977.: and 1978,.. including soft .ware.. After more discussion the. Mayor called the question. Roll call was taken on the motion. Ayes, Emond,. Mako, Curry and Zaun. Nays, Clarkson. 76.663 Motion was made by Curry, seconded by .Zaun to approve pay-request #4 to McGrand and Frovarp. in the amount of $32,662,06 in the Orchard Lake'1976 Phase I utilityproject. Roll call was taken on the motion.Ayes, Mako, Curry, Zaun, Clarkson and Emond. 76.664 Motion was made by Curry, seconded by Zaun to approve change order #1 to McGrand and Frovarp in the amount of $2,971,11. Roll call was taken on the motion. Ayes, Curry., Zaun, Clarkson, Emond and Mako. The City Attorney advised the Council that they had met with Mr. Richard Knutson -2- • CITY OF LAKEVILLE COUNCIL MEETING ~ DECEMBER 20, 1976 concerning his claim on the,Ipava to Highview utility project and that it was his opinion-`that.-the claim should be denied, but that he :wished additional `time to continue discussion with Mr..Knutson, Council also directed the City Administrator that he `advise the<Engineer if and when it-would be necessary to write a letter to the Attorney and'Mr. Knutson concerning this claim and project. :The-Council at this time-..discussed the request-from the Panorama of Progress Chairman, Mr: Erickson, that the City appoint a,Councilmember or staff. person o serve on the Board of the Corporation.; Council discussed the advisability of placing a person on such a Board. 76.665 Motion was made by Curry, seconded by Clarkson to direct the Mayor to write a letter declining 'the direct membership on the Panorama of Progress Board by stating that the City 'stands ready to cooperate with the members providing assistance and close>liaison. Roll call was taken on the motion. Ayes, Ma.ko, Curry, Zaun, Clarkson and Emond. The City Administrator'xeviewed with the. Council two letters'to be :sent to the Metropolitan Waste Control Commission concerning the`1977 sewage conveyance and treatment cost bill,., and the; projection on the number of sewer connections the City anticipates. it will need for the years 1A77 through 1979 on the system tributary to the Apple Valley reatment plant, After reviewing the letters., the Council directed the Adm.iniatrator to send them to Mr. Dougherty, Chairman of the M.W.C.C. .76.666 Motion was made by Emond, seconded by Zaun to approve the sanitation licenses to Knutson Rubbish Services Inca, Town and County Disposal Service, Lakeville Sanitarq Service, Browning-Ferris.Industries, and Dick's Sanitation. Ro11 .call was taken on the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 76.667 Motion"was made by Emond, seconded by Zaun to approve an 0n and Off-sale beer license to John's Tavern. Roll call was taken `on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.668 Motion was made by Emond, seconded by Zaun to approve a Special Club License and Sunday liquor license for the Chart House, `Dakota Restaurants, Inc. upon receipt of the insurance certificate. Roll call was taken on the. motion. Ayes, Mako, Curry, Zaun,. Clarkson and Emond. ,Approval of the VFWPTcenses were..tabled until the special meeting on December 28th. Council discussed the necessity for having a'joint meeting with he Planning Commission on Monday, January 10', 1977 at 7:00 P.M. to review the Metropolitan Systems Statement jointlq with the Planning Consultant. , The Council also xeviewed the appointments to 'the Planning Commission and to the Park 'and Recreation Committee that will be necessary on January 3. After discussion, it was decided to reappoint the current members who have indicated they wish to be reappointed. Council discussed the advisability of estab- lishing aLakeville Centennial Committee and a Citizen's Advisory Committee to study the need far a new City. Hall. It was decided that Councilmembers would each ..forward to the Administrator their suggestions on the contents of each resolution.' 76.669. Motion was made by Clarkson, seconded by Emond to adjourn the Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Respectfully submitted, s Patrick E. McGarvey, Clerk ar o yor, -3-