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HomeMy WebLinkAbout04-18-77 r CITY OF LAS~;EV~E COUNCIL MEETING APRIL 18,•..1977 ; The meeting was called to order by Mayor Mako at $:00 P.M. The flag pledge was given. Ro11 call was taken. Present: Council members Emond,'Curry, Zaun and Clarkson and Mayor Mako: Also present:: Patrick McGarvey, Steve Michaud, .Tames Robinette, and Roger Knutson. _Approval of the. April 4, 1977 Council meeting minutes-were tabled as they were not xeady. 77.176 Motion was made by Emond, seconded by Zaun to approve he claims for payment as presented. RoII call was taken`orr the motion .Ayes, Mako, Curry, Zaun, Clarkson and Emond: Staff reports. Roger Knutson reported on the Attorney's response to the Bergland-Johnson de- mand €or arbitration on the liquidated damages the City had assessed on the water booster station. Mr. Knutson reported that the City was asking.-for a _change of venue, to Dakota County.::: Mr. Knutson reported that the Attorney's office was waitingfor a copy of the original 'contract between the City and:Fiseher before preparing a:written settlement document between the City and Piseher on the $4,500 the Citp has` received for the sanitary sewer line from the Middle School to the Lakeville treatment plant.. Mr. Knutson handed out the wti ten report concerning the duties and respansi- b~i.lties of the: Mayor ,and the Administrator's positions, At this time Mayor Mako lead a proclamation proclaiming April 26, 1977 as V,F.W. Loyalty .Dap in Lakeville. The"City Administrator presented a written report sho~a~,ng the present ten citizens who wish to be or are serving on the You hAdvisory-Board with the suggested°term of appointment. for each of them. 77.177 Motion was made by Curry, ~secanded by~Zaun to make the appointments fox the :terms: as presented 'on the written ..report. Roll call was taken on the motion. Ayes, Curry, .Zaun, Clarkson, Emcind and' Mako: '..77.178. Motion was made by Zaun, seconded by Clarkson to receive the minutes of the. Planning Commission, Park and Recreation. Committee and Natural Resource Committee meetings. Roll `call was taken on the motion. Ayes, Zaun,,Clarkson, Emond, Mako and"Curry. The City Administrator explained the request for rezoning to`B-Z for Mr. Melvin Erickson, and the Planning Consultant's recommendations against the rezoning. The Cauneil discussed the request and recommendations. 77.1.79 Motion was made, by Zaun, :seconded by Curry to deny the request to rezone the property to B-2; based upon the recommendations received from the City's Planning Consultant and 'the Planning Commission. Roll call was taken bn`:the motion. Ayes:, Clarkson, Emond, Mako, Curry and 2sun. At this time the City Council reviewed a site plan and building plan for a `building to house a ruck awned by John Zimmer. It was pointed-.out that 'the site involved 2'~ acres and previously had a mobile. name located on it and has a well and a septic system available. The property is honed industrial. ?7.180 Motion was made by Emond, seconded by;;Zaun to grant a building permit to John Zimmer as ,per the plans presented and authorized the building permit. Ral.l call was taken on the motion. Ayes, Emond,•Mako, Curry, Zaun and Clarkson. The City Administrator presented .a request from Mr. Cross for as additional building ,for his greenhouse business oa Highway S0. It, was reported that a -1- CITY OF LAKEVILLE COUNCIL MEETING APRIL'18,"1977 conditional use permit is necessary because the business is in a residential zone and is allowed to expand only be a conditional use permit in that zone. 77.181 Motion was made by Zaun, seconded by Emond to approve a conditional use permit to Mr. Cross for the construction of a building as per the plans presented. Roll call was taken`on .the motion.' Ayes, Mako, Curry, Zaun, Clarkson and Emond.' The City Administrator presented a request.fram Mr. Vaccaro to construct a f ree standing double garage on Lot 4, Block 3, Oak Shares 3rd Addition. A condition- a1 use permit is necessary because the construction of this second double garage on the propertp exceeds the floor space of IbOO feet. Mr. Vaccaro explained that the added garage ,space 3s :for his personal use to store his per oval automobiles, and to allow him to do some work on the auto- mobiles he collects. `.77.182 Motion was made by Clarkson, seconded by Emond to issue a conditional useper- mit to Mr. Vincent Vaccaro for,Lot 4, Block 3, Oak Shores 3rd Addition as per "'the surveyor's certificate dated Apri1:5, 1977 received from Mr.'Vaccaro, with the use of the garage Iimted;to the :owners personal automobiles and property. Roll call was taken on the motion. :,Ayes, Curry, Zaun, Clarkson, Emond and MakQ. The City Administrator presented a renewal of a candit oral use permit for " Williams Bros. Pipe Line for an interface detector gas facility which was 'issued three years ago. The Administrator explained that`the one condition. forethe renewal, should be the completion of the shrubbery around the facility. 77.183 Motion was made. by Zaun, seconded by Curry to grant a conditional use permit renewal, to Williams Bros. Pipe Line subject to the completion of the shrubbery around the facility with the -bond to.be;set'by the Administrator and Building Inspector to assure the comgleton within six months. ..Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. The Council reviewed the recgmmendation from the Planning Consultant and Plan- Wing Commission to .issue a special Home'iJecupation permit to John LaFavor fore his, cabinet making busianess.located on 185th St. Mr. LaFavar was present, the Mayor asked him if"he was aware of the Planning Consultants recommenda- tions< and had agreed to them. He answered that he"was and did agree to them. The City Administrator pointed oufi that by'applying for a sgeeal Home Occupa- tion permit by signing the.e.pplication die is agree3.ng to live by the informa- tion he has provided through the application. 77.184 Motion was made by Curry, seconded by Zaun to approve a special Home Occupa- tion permit for John LaFavor based on the six conditions recommended in the report from the City, Planning Consultant and Mr. LaFavor's application. Ro11 call was taken on he motion. Ayes, Clarkson, Emond, Mako;, Curry and Zaun. The City Council reviewed a site plan for Mr. Joseph Schweich,cancerniug the relocation of three existing dwelling units on a..lot located on north Lake Marion. Mr.'Sehweich also explained that the new lot to the east does not have any dwelling unit on it, but that lot can accommodate one new dwelling unit and meet all setback requirements as shown on the site plan approved by the Planning Commission. Mr. Schweich also explained that he would be granting to the City an easement for the water and sewer utility nstalla- tion on this new lot and would be granting a private easement to the lot with the three existing dwelling units for drvewap access.: The Citp Administrator pointed out that these two lots had beEn assessed for five sewer and water connections but..-that; now it would only be four connections. Council had'prevously approved the 'abatement of one connec- tian, and: unit assessment. :77.1..$5 .Motion was made by Emond, seconded by Zaun to approve the site plan as 'recommended by the, Planning Commission far the Joseph Schweich property consisting of these two .lots, one of which involves three existing dwell- ng units. -2- CITY OF LAKEVILLE COUNCIL MEETING APRIL 18, 1977 Roll call was taken on the: motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The City Administrator advised the Council that .the Lst Wisconsin Mortgage Cam- parry was still attempting to acquire't3tle to Outlot A ia~ the Valley Park 8th Addition, and until the issue is resolved: and the City receives title to the Outlat, approval of the Phase II development of this Addition should be tabled. The City Attorney advised the Council. that tho administrative subdivision of land for Art Liebfried's property could not be approved'at~this time. The Council directed the attorney. to meet with Mr. Liebftied ~.n an attempt to find a legal way of handling this division of his .property. The City Administrator advised the Council that Jthe planning Commission had been discussing and had recommended that eonditional~.use permit approvals not be granted With time limits, but rather appropriate finicial°security should be required by the city to make. sure that conditions set down by the City for such a permit`'be carried out. 'The Planning Consultant had recommended this change in policy. 77.186 Motion was made by Curry, seconded by Zaun tb adopt the policy in granting' conditional use permits in the future, q'grant them without time limits but rather to use appropriate financial securty._such as bonds, cash escrow, to assure and,grotect the City that the conditions of such a permit are .carried out as directed by the City. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond: Approval of the preliminary flood plain designation'was,tabled to a future meet- ing to allow the. representatives of the Natural Resource Committee to appear before the Council and review their suggestions onstheir map. ?7.187 Motion was made by Zaun, seconded by Curry to table the matter and ask Barr Engineering for..a time extension,. Roll call was taken an the motion: Ayes, Curry, Zaun, Clarkson, Emond and Mako. The City Administrator presented a written report indicating that no citizens objected to the closing, of 208th Street far the Pan-O-Prag carnival. 77.188 Motion was made by Mako, seconded by Zaun to approve the closing of 208th Street from July 7th .through July 11 from Ha13~oke to Howland Avenue for use. as a carnival site. 'Roll call was .taken oa the matvn. Ayes, Zsun, Clarkson, Emond, Mako and Curry.. The City Administrator presented a request from the Fire Department to purchase a four-wheel drive pickup truck to replace a 1940 model pickup which was wo~ct out, unrelahle`difficult to get parts for to'repar. The Administrator ex- plain.ed that the Fire Chief had: agreed to delete items previously-approved i.n his. 1977 budget to cover half of the cost of the new truck, with the remaining half to be budgeted for in the`197~3_budget. 27.1$9 Moti~az~ was made bg Emond, seconded by Curry to approve the spec ificatians for a new :pickup truck-for the Fire Department and authorize the taking of bids on April 29th at 2:00 P.M. Roll call was aken on the motion.- Ayes, Clarkson, Emond, Mako, Curry and Zaua. At this time Mr Dave Cook of the Youth; Advisory Board addressed the Council and presented -the annual `report from the-Board. Mr. Cook explained that the Committee and Police 'Chief was recommending the establishment of a curfew for Lakeville. Mr. Cook also presented a survey the Committee had taken of every tenth house in Lakeville, door to door, concerning juvenile needs - in the community. :Mayor Mako commended the Board members far their first year's progress and service to the City. 77.190 Motion was made by Zaun, seconded by Mako to receive the 1976=1977 annual report of the Youth Advisory Board. -3, J ~ ~ • CITY OF LAREVILLE COUNCIL MEETING APRIL 18, 1977 Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The 1977 utility operating budget was reviewed by the Council. 77.191 Motion was. made by Zaun, seconded by Curry to adopt Resolution ~~77-22 approving and adopting the 1977 utility operating budget. Roll call .was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako. The City Administrator presented a letter received from Mr. Ray Odee of the Metropolitan Waste Cgntrol Cgmmission concerning treatment capacity limita- t igns at the Lakeville treatment plant and the proposed'Resolution making couunitmenta from the City concerning future sewer extensions on the system ributary q this plant, an,d-the handling of an additional 200 connections to the plant.' 77.192 Motion was made by Curry, seconded by Emond to adopt Resolution 477-23 setting City 'policy on the sanitary sewer-system tributary to the Lakeville Treatment plant. ~ ~ , Roll call was taken on the motion. Ayes,"Zaun, Clarkson, Emond, Mako and Curry. 77.193 Motion was made by Zaun, se~conded'~by Mako: to direct the staff:to look into ways to reduce the use of the sanitary sewer system, which would help increase the number of poaential connections to the system. Roll call was taken on the motion. Ayes.; Emond, Mako, Curry, Zaun and Clarkson.. At this time Mr. Darrell Schneider, of Consulting Engineers Diversified, pre- sented his preliminary report on the proposed street project in Lakeville Hills, 3ackson Heights, and Jacquard Ave. 77.194 Motion was made by Mako., seconded by Zaun to adopt Resolution X77'-24 receiving the preliminary report and setting s public hearing for May 1:7,...1977-at 7:30 P.M. at the Orchard :Lake Elementary Schao Ra1l call was taken oa the motion. ::Ayes, Mako, Curry, :Zaun, Clarkson and Emond. Other business items. -Mrs. Curry explained that she will give a written repgrt'to the Council on the Metro,Salid Waste site location process. At this time Mayor Mako.: explained his position concerning the possible purchase of the Schmidt proper y in the liquor store blgck. 'He,explained that he felt the Council should review once again the possible purchase of this property. Councilman Zaun explained that he felt the Liqugr Store Committee should i.ook at a long-range planning in this area of the City before committing to purchase the property.... Mrs. Curry explained hat she felt_the matter 'should be postponed-ta a future .:..agenda due to the matter being_a fiscal matter. Sh+e also stated .that the pur- chase`of the property should wait until after we see i£ business increases at the Liquor Store as a result of the improvement project. '77.195 Motion was made by-Mako, seconded by Emond to :.place this matter on the May 2, 1977 Council agenda. There was more discusson`by the Council. Mayar'Malw called the question. Ralf call was taken. Ayes, Emond and Mako. Nays, Curry and Clarkson. Council- man Smoad abstained. Motion was defeated. Mrs. Curry stated she felt the Council should adopt and use Roberts Rules of Order revised in conduct of the Council_meetings. The Council and citizens preseat got into a discussion of the proposed rules and the way Lakeville Council ffieetings are conducted. 77.19b Motion was made by Curry, seconded by Zsun tq adopt Roberts Rules of Order . --4- ' ~ • CITY OF LAKEVILLE COUNCIL MEETING APRIL 18, 1:977 revised. Roll call was taken on the motion. Ayes, Curry. .Nays, Emond, Mako, Zaun and Clarkson: > The Administrator was directed to`cpntact Psyche>; Inc. at the University of Minnesota concerning the service this org$nization offers in putting on con- flict management seminars, with the item to be placed on the next agenda if a person from Psyche, Inc. can attend :the meeting. The Public Works Director was directed to look into the storm drainage occur- ing in some driveways in the B~ssett's.Addition. -77.197 Motion was made by Curry, seconded by Zaun to approve. funds for Council members and staff attending the Municpalitie~.Stress Seminar an June 7th. Roll ,call was taken an the motion. Ayes, Curry, Zaun, Clarkson, Emond .and Mako. ?7.198 Motion was made ,by Emond, seconded by Clarkson to approve..:the transfer of the non-intoxicating malt liquor 13cense and et-up license from Richard Connelly to Joseph Hess ':fore-the Orchard-Lake Tavern... Ro11 call was taken on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako.' 77.199 Motion was'made by Emond, seconded by Clarkson to approve the transfer of anon- intoxicating aealt liquor license from Marce3ine Pranke to J. Dayton Kempson Roll call was taken on the motion. Ayes, Zaun, Clarkson, Emond, Mako and Curry. 77.200 Motion was made by Mako, seconded by Zaun to give. approval for the repair of the file grouting on the Valley Park pools, as recommended_by the Park and Recreation Director: Roll call was taken on the motion. Ayes, Emond, Mako Curry, Zaun. Nays,' Clarkson. 77.201 Motion was, made by Clarkson, seconded by Zaun to adjourn the Council meeting. Roll call was taken-on the motion. Ayes, Curry, Zaun, Clarkson, Emond and Mako.'' Time: 10:.50 P.M. Respectfully.,.submtted, c Patrick E. McGarvey, Gity C k - Edward J. Mako, Mayor