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Home My WebLink About09-08-75 4 CITY OF LAKEVILLE COUNCIL MEETING sEFTEMBER 8, 1975 The meeting was called to order at 8:00 P.M. by Mayer Mako. Flag pledge followed. Present; Zaun, Brandes, Mako, Emend and Clarkson. Also present; Robert Rosene, City Engineer, Pat Farrell, City Attorney and Richard Hogan,-City Administrator. 75.612 Motion by Emond seconded by Brander to accept the minutes of the September 2, 1975 meeting as corrected. Zaun, Brander, Mako, Emond and Clarkson "aye", motion carried. The .engineer's monthly report was presented. Mr. Farrell reported that there is one detail left to settle on the Lake A2arion ditch easements. He explained to those interested persons in the audience the reason for lowering the lake level. The Water & Sewer Committee were directed to return with the complete description of the property.... which shoul4 be included in a hearing for water and sewer extensions. This area a~auld include the land south of 210th Street. and ..west of Holyoke Avenue. The Park & Recreation Committee recommendations are to be made part of the budget meeting~on September 22. The Planning .Commission minutes of August 28 were presented. Mr. Sievertsen protested to the granting of a conditional use permit to the Mal~za~-~.gers 75,613 Motion by Brander seconded by Emond to table the Malmanger conditional use permit request until the 15th. Brander, Mako, Emond, Clarkson and Zaun "aye",motion carried. 75.61 Motion by Mako seconded by Brander to follow the recommendation of the Planning Commission and approve the placing of a Wausau home on .Lot 27, Minnesota Orchard Gardens by Eugene M. Thompson. Mako, Emond, Clarkson, Zaun and Brander "aye", motion carried. Mr. Tom Langseth made a presentation of his plans in re his request for a liquor license. A petition was presented by homeowners around this area who oppose this license. 75.615 Motion by Emond seconded by Zaun to accept the petition of the Valley Fark homeowners who are protesting the granting of a liquor license to the. "01e Piper Inn". Emond, Clarkson, Zaun, Brander and Mako "age", motion carried. Mr. Langseth said he felt this petition was worthwhile but he did not feel it was indicative of all the homeowners in Valley Park. Ron Brown and Jim Henske both felt that this establishment would bean .improvement over the pizza place and did not feel this weld create much danger to the safety. of the children. Karen Hauge presented a letter she had received from the state health department regarding certain conditions at the pizza place. She is also ob3ecting to the .noise problem she feels there will be if this becomes s restaurant that sells liquor. 75.616 Motion by Zaun seconded by Emond to accept this letter presented by Karen Hauge. Clarkson, Zaun, Brander, Mako acid end "aye", motion carried. Mr. 2aun said that he is concerned over the close proximity of this proposed .establishment to the residential area, the noise and whether this would affect the value of the residential ~raperty adversely. He also asked'if it would be possible to establish a fire lane. Mr. Langseth said the Minnesota Health Department had been back to check out the complaint regarding the pizza place and had given .their ok to the operation at this time. Mr. Mako said that the question before the Council is whether or not this is the properJ'~ise of this property .and that he does not feel it is as this is too close to private homes.. Mr. Clarkson agreed that this is not the proper use of this property. ~1) • 1? CITY' OF I~4KEVILLE COUNCIL MEETING SEPTE~r~ 8, 1975 75.617 Motion by Brander seconded by Zaun to deny the request of the Ole Piper Inn.. for a conditional use permit to sell liquor. Zaun, Brander, Mako, Emond and Clarkson "aye", motion carried. 75.618 Motion by Mako seconded by Zaun to follow the recommendation of the Planning Commission and grant CreteWood Construction Company permission to erect three temporary directional signs for a period of two years. Brander, Mako, Fond, Clarkson and Zaun "aye", motion carried. 75.619 Motion by Fond seconded by Brander to follow the. recommendation of the Planning Commission and grant P~1r. Warren Olson a permit to move a building from Crystal. Lake to South Judicial Road property to be used by the Orchard Rangers Saddle Club. Mako, Ernond, Clarkson, Zaun and Brander "aye", motion carried. The Home Occupation Ordinance was read for the second time. Robert Wieman presented a resume of zoning ordinances of various .neighboring. communities. 75.620. Motion by Fand seconded by Zaun to accept thir resume as presented by Mr. Wieman. Emond, Clarkson, Zaun, Brander and Mako "aye", motion carried. Robert Hillman, who has a beauty shop in his home in Valley Park, said that. his taxes. reflected the use of his home .for thin chop and that he had not received any complaints regarding this operation in his home. Gene Hokenson felt that these recommendations are unfair. Helen Stuart., who operates a beauty shop in Valley Park, said she felt this ordinance violates state law and that her taxes reflected the. use of her home for a rmall business. She also felt there small chops are an advantage to the commaanity and a saving of taxpayers money. Francis Rittenhouse said that many persons would not. be able to start a business unless they could begin at home. and that he had started .that way. He is now mz3.ci.ng provisions to move to the business district as his business has grown too large for his home. Mr. Clarkson felt that this propos+~d ordinance is tc~ stringent. Mr. Mako said that it is taame to draw up some kind of regulation that would protect other property owners. He also felt that there should be some. citizen input into an ordinance and would recommend setting up a committee to review this matter. Mr. Brander felt a committee would be a good thing as there would have to be some decision on when it is time for a home business to move to .the business .district. 75.621 Motion by Clarkson seconded by Zaun to close the hearing on the Home Occupation Ordinance. Clarkson, Zaun, Brander, Mako and Fond "aye", motion carried. 75.622 • Motion by Clarkson seconded by Mako not to follow the recommendation of the Planning Commission and not approve the propored Home Occupation Ordinance. Zaun, Brander, Mako, F.mond and Clarkson "aye", motion carried. 75.623 Motion by Mako seconded by Clarkson to set up a committee headed by Mr. Zaun with members of the Planning Commission and citizens at large to assess a~ home occupation ordinance and iseturn to the Council with a recommendation by the 15th of November. Brander, Mako, Eaaond, Clarkson and Zaun "aye", motion carried. 75.62+ Motion by Brander seconded by Zaun to authorize the Mayor and the Clerk to sign the Iteri, Lake A~arion street improvement contracts. Mako, Fond, Clarkson, Zaun and Brander "aye", motion carried. 75.625 Motion by Fond seconded by Zaun to adopt the resolution abating the assessment on parcel #243+6-C5 which is City property. Eaiond, Clarkson, Zaun, Brander and Mako "aye", motion carried. 75.626 Motion by Fond seconded by Zaun to adopt the resolution correcting assessment error on parcel #21O77TJ. Clarkson, Zaun, Brander, Mako and Fond "aye", motion carried. 75.627 Motion by Fond seconded by Brander to follow the recommendation of the engineer. ~2) • CITY OF LAKFVILLE COUNCIL MEETING SEPTEN~ER 1975 and approve the permit request by Dakota Electric for installation of under- ground. service to the new reservoir. Zaun, Brander, Mako, Emond acid Clarkson "aye", motion carried. The installation of overhead wiring in Orchard Gardens was discussed and it is recomanended that overhead wiring. be allowed for the main read with either underground or overhead into the homes at the option of the homeowners. Mr. Rosene reported that the extra cost of the bituminous 'base on Iteri would amount to approximately l0~ over preliminary report construction cost. 75.628 Motion by Emoi~d seconded by Zaun to authorize the Mayor to write a letter to the Minnesota Pollution Control Agency opposing the cutting of funds for the interceptors to the new plant in Empire. Brander, Mako, Emond, Clarkson and Zaun "aye", motion carried. 75.629 Motion by Emond seconded by Brander to authorize the Mayor to set up a meeting at 1:30 P.M. on Friday to discuss the feasibility of purchasing PAi.nnreg Goun-ty Club for MunzezpaZ.purposes. Mako, Emond, Clarkson, Zaun and Brander "aye", motion carried. 75.63° Motion by Emond seconded by Brander to authorize the Mayor and the Clerk to execute the contract. for the hiring of a band for a dance at Antlers Park Pavilion, Sept. 27, 1975. Emond, Clarkson, Zaun, Brander and Mako "ayes', motion carried. 75.631 Motion by Emond seconded by 2aun to grant approval for two applications, 1. a $10,000 snowmobile grant-in-aid and 2. a X2,500 ski grant-in-aid and authorize the Mayor and the. Clerk to execute ~ necessary documents. Clarkson, Zaun, Brander, Mako and Emond "ayes, motion carried. 75.632 Motion by Eruond seconded by Clarkson to acknowledge receipt of the letter from the attorneys representing the owners of the proposed Dakota Heights 7th and 8th Addition plats. Zaun, Brandon, Mako, Emond and Clarkson "ayes', motion carried. .75.633 Motion by Emond seconded by Clarkson tc~ refer this lettertc> the attorney for review. Brander, Mako, Emend, Clarkson and Zaun ..'says", motion carried. Motion by Clarkson seconded by Emond to adjourn carried unanimously. Respectfully su'ba~ni.tted, CLERK MAYOR