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HomeMy WebLinkAbout05-17-76 , CITY OF LAKEVILLE CSEJNCIL MEETING ~ _ MAY 17 , 1976 The. meeting was called to order by Mayor Mako and the flag pledge was conducted. Roll call was taken. Present, Mako, Curry, Zaun. Absent, Emond and Clarkson.. Also present, Patrick McGarvey, City Administrator-Clerk, Roger Knutson, City Attorney, Bob Frigaard, Consulting Engineer, and James Robinette, Public Works Director, The minutes of the May 3, 1976 Council meetingwere read. 76,240 Motion was made by Zaun, seconded by Curry to approve the minutes. Roll. call was taken on the motion. Ayes, Curry, Zaun and.Mako. The minutes of the May 10, 1976 Special Council. meeting were read. 76.241. Motion was made by Curry., seconded by Zaun to approve the minutes as read.. Roll call was taken on the motion. Ayes., Mako, Curry and Zaun. 76,242 Motion was made by Curry, seconded by Zaun to approve the claims against the City for payment. Roll-call was taken on the motion. Ayes, Zaun, Mako and Curry. 76.243 Motion was made by Curry, seconded by Zaun to approve the claims against the Liquor Store. for payment. Roll ca21 was taken on themotion....Ayes, Mako.,: Curry .and Zaun. The City Attorney reported on a stipulation prepared between the City of Lake- vlle and the Williams Brothers Pipeline .Company concerning the pipeline ease- . went across the new fire station site. The City Attorney recommended Council approve the stipulation. 76.2.44 Motion was made by Curry, seconded by Zaun to approve and authorize the Mayor and Clerk to sign the stipulation with William Brothers Pipeline Company, Roll call was taken on the motion. Ayes., Zaun, Curry and Mako. The City Attorney reported on his investigation concerning..the parking of truck trailers concerning hazardous waste materials owned by Pollution Con- . trots, Inc. at the junction of I35W and Cty. Rd. 5. The City Attorney ad- vsed the Council that the City should seek an order to show cause .from a .District Court as a civil matter to remedy this dangerous situation:. 76.245 Motion was made by Curry, seconded by ,Zaun, to authorize and direct the Citq Attorney to prepare an order do show cause from a District Court: as a civil matter against Pollution Control, Inc. and the property owner. Roll call was taken on the motion. Ayes, Mako, Curry and Zaun. At this time Mr, Clark Olson presented a petition concerning the condition of Coanty Road 46 between Cedar Ave. and Pilot Knob Road. 76.246 - Motion was made by Zaun,-seconded by Curry to acknowledge receipt of the petition. Roll call was taken on the motion. Ayes,. Mako, Zaun and Curry. 76.247 Motion was made by Zaun, seconded by Curry to direct the .City staff to meet with the County Engineer concerning the petition and report back to the Coun- cil. Roll call was taken on the motion. Ayes, Mako, Curry and. Zaun. The minutes of the May 6, 1976 Planning Commission meeting were received- 76.248 Motion was made by Zaun, seconded by Curry to receive the minutes, Roll call was taken on the motion. Ayes, Mako, Curry and Zaun. -1- ` CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1976 7.6.249. Motion. was made by Gurry,"seconded by Zaun to remove Mr. Baumgartner from; serving on the Planning Commission due to his lack of attendance at three consecutive Planning Commission meetings, and advertise for replacements to the Commission. Roll call was taken on the motion. Ayes, Mako, Curry and Zaun. The City Administrator presented a letter from the Honeywell Country Club concern- ingthe change of dates for the weekly bingo games held at the Club. 76.250 Motion was_made by Zaun, seconded by Curry o acknowledge receipt of the letter from the Honeywell Country Club: Roll call was taken on the motion. .Ayes, Curry, Zaun and Mako. The City Administrator xead-an Ordinance amending Ordinance ~~14 concerning the requirement to connect to the water .and sewer system, as the .first reading. 76,251 Motion was made by Curry, seconded by Zaun to approve a dance license for George Hammer. Roll call was taken on the motion: Ayes,_Mako,,Curry and Zaun. At this time Councilmen Emond and Clarkson arrived snd took their chairs... Mayor Mako opened-the public hearing which was continued from April 19, 1976 concerning the proposed extension of sanitary s.ewer service. in the Marrinan Additianand .property along Holyoke .Ave. from 202nd to 2p5th St. Mr. Bob Frigaard presented alternate cost estimates .for placing the sanitary sewer in front of the houses on the east side of Holyoke as compared to the rear. The cost estimate for the front was $3,000 per lot as compared to $2,260 in the back. There were several questions concerning the cost differ-' ences from'.citizens in attendance at the meeting.. Mrs. Kraft explained they would like to ..have the sewer: service now.: 76.252 Motion .was made by Zaun, seconded by Curry to close the public hearing, Roll call was taken on the: motion. Ayes, Clarkson, _Zaun, :Curry, Mako and Emond. -76.25.3 Motion was made by Emond, seconded by Zaun not to order the project. due to Krause Anderson shopping center not proceeding ahead this summer and the .limited treatment plant capacity in the former Lakeville Sewage Treatment plant.. Roll call was taken on the motion. Ayes,.Emond, Zaun, Clarkson, Mako and Curry. At thin time two. property owners on the east side of Holyoke requested that the Council extend sewer .service to serve just their property. The City Administrator. suggested that due to a limited treatment plant capacity, the fact that there is no problem with the septic ystem'n this area at this time, and the costs involved of extending the sewer trunk for just two resi- dences, that the Council 'should deny the request at-this. time, 76.254 Motion was made by Mako, seconded by Curry to deny the request to extend the sewer Line for these two :properties due to the above problems, but to direc the City Engineer to provide a cost estimate to the property owners for putt- ing in their own service line to the nearestexisting City trunk line. Roll call was taken on the .motion. ''Ayes, Emond, Mako, Curry, Zaun and Clarkson. At this time Mr. Glenn Nord, Attorney representng'Mr. John Greaves appeared' before the `Council concerning the request for a special use permit to park three semi-trucks in an R-1C zone.. Mr. Nord explained his opinion that the ' difference between a special and conditional permit because of Lakeville's .Ordinance ~i42, and recommended that the Council grant a special use; permit with the conditions listed as, per a"memo from .the Planning Consultant. _2_ ~ CITY OF LAKEVILLE COUNCIL MEETING . } MAY 17, 1976 The City Attorney responded by stating that, in his opinion, there was no difference betweena special ar conditional-use permit, that an R-1C zone there is no provision for granting a conditional use permit for the storing of three trucks.. The Attorney pointed out .that the Ordinance specf ically prohibits the storing of trucks in a residential zone larger than l'~ ton- in size. _Mr. Paul Grogan and Mr. Kent Matzek also stated they were opposed. to the. storing of semi-trucks in thin area. 76.255 Motion was. made by Curry, seconded by Zaun to deny the request fora special use permit based on the reasons given by the City Attorney and Section 25,8 of the zoning Ordinance. Roll call was taken on the motion. Ayes, Mako, Emond, Zaun, Clarkson and Curry. 76.256 Motion was made by Mako, seconded by Zaun to approve the vacation ©f a portion of .the alley between 207th and '20th St. behind the Midwest Federal Building,.' by approving Resolution 476-25. Roll 'call was taken on the motion. Ayes, Mako, Clarkson,. Curry, Zaun and Emond. 76.257 Motion was made by Emond, seconded by Zaun to grant a permit to Jim Wietzel to build an addition on his building subject to the written conditions stated in a memo from the Building Inspector. Roll call was taken on the oration. Ayes, Emond, Mako, Curry, Zaun and Clarkson. At this time Mr.Michael"Nelson appeared before the Council to .request a variance setback requirements for a garage to be built on his property.. Mr. Nelson stated he felt a variance was justified due to a hardship caused by utility easements across his property.. Considerable discussion concerning the request and hard- ship was held between the applicant, City Council and staff. 76.258 Motion was made by Mako, seconded by Emond to approve a side yard variance of l~ feet and a front yard variance of 3 feet due to the lots shape, utility easements and slope of the back yard for Michael Nelson on Lot 8, Black 6 of Donnays Valley Park, street address 16510 Gannon Avenue W. Roll call was taken. on the motion. Ayes, Emond,. Mako, Curry, Zaun, and Clarkson. Mr. David Burbank appeared ,before the Council to request a variance in the height of his fence from 42" to 72" on the side of his house, and from the side aver to the front corner. Mr. Burbank stated that he needed the additional height to provide security for camping equipment and recreational equipment, and for res-' tricting the view of the abutting property. 76.259 Motion was made by Curry, seconded by Zaun to deny the request for the fence variance. Roll call was taken on the motion.- .Ayes, Zaun and Curry. Nays, Mako, Emond and Clarkson. 76.260 Motion was made by Emond., seconded by Clarkson to grant the fence variance in the side yard and from the side over to the front corner of Mr. Burbank's house from 42" to 72" in height.... Roll call was taken on the motion. .Ayes, Emond, Mako, Clarkson. Nays, Zaun and Curry.. Mr. Gerald Lejchar appeared before the Council to request a`variance to build on a below-grade lot. He stated that he was in agreement with the conditions the Building Inspector :had suggested for approval. 76.261 Motion was made by Emond, seconded by Zaun to grant the variance subject to . Mr. Lejchar signing an agreement with the conditions suggested by the Building Inspector in a memo to the Council _f or Lot 7, Block 2, Dakota Heights 4th Addition. Roll call was taken on the motion.. Ayes, 'Emond, Zaun, Clarkson, Curry and Mako. >-3- - CITY OF LAKEVILLE.COUNCIL MEETING.. MAY 17, 1976 The City Administrator read Resolution 76-24 whereby a limited moratorium would be placed on pole tyge buildings in certain zones of the City. 76.262 Motion was made by Emond., seconded by Curry to adopt Resolution 76-24. Roll call was taken on the motion.- Ayes, Clarkson, Zaun, Curry, r:ako and Emond. The City Administrator presented the one bid received on the purchase of voting machines. The bid was from AVM Corporation in the amount of $20,250 for 15 reconditioned machines. The City Administrator .recommended that Counefl approve the purchase. of the machines and that the contract for the purchase be signed whereby the City would pay for them over a five year period beginning in 1977 in five equal payments with 7% interest paid on the unpaid balance each year beginning in 1978. 76.263 Motion was made by Zaun, seconded by Clarkson to receive the bid. Roll call was taken on the motion. Ayes, Zaun, Clarkson, Curry, Emond and Mako. Discussion amongst. the Council members concerning the need for voting machines. at this time in Lakeville occurred. 76.264 Motion was made by Curry, seconded by Mako to approve the purchase of I5 re- conditioned voting. machines .under-the terms of the purchase contract over a 5 year period with AVM and authorize the Mayor and Clerk. to sign the contract. Roll call was taken on the motion. Ayes, Mako and Curry. Nays, Emond, Clark- son .and Zaun. The City Administrator :reported that na bids had been received on the electronic liquor dispensing system due to insufficient notice to the potential bidders concerning the time, place .and date of the bid opening. The City Administrator recommended that the specifications be redrawn and a new bid date set later. 76.265 Motion was made by Mako, to cease and desist from investigating the purchase of electronic.. iquor dispensing. systems any further. The motion died for a lack of a second. 76.266 Motion was made by Emond, seconded by Zaun to prepare new specifications for a Liquor dispensing system. Roll call was taken on the .motion.. Ayes, Emond, Zaun,. Curry and Clarkson. Nays, Mako. The consideration of the Capital Improvement program for 1975 to 1980 was tabled, until the May 18th special Council meeting. The City staff presented a report on the estimated cost of the gas company insulating an exposed high pressure gas line in the Valley Park drainage ditch. Estimated cost was $1,500 to the gas company for the welding and encasement of the exposed pipe in a relocated ditch area, $3,123 for con- structing concrete abutments: around the ends of the exposed pipe, and $2,500 for digging the new ditch and filling the old. Council questioned the need for and how the problem occurred and it was ex- plained that this problem developed over a period of years and that it was necessary for the public safety that the .pipe be encased. 76.267 Motion was made by Mako, seconded by Zaun to authorize the work and proceed. and the funds be taken from the Public Works Department ,budget if available and if not to be taken fromthe Liquor Store fuiads. Ro11 call was taken on the motion. Ayes,.Emond,;Mako, Curry, Zaun and Clarkson. 76.268 Motion was made by Zaun, seconded by Mako to extend the Council meeting beyond the 11x00 P.M. deadline, Roll call was taken on the motion . Ayes, Emond, Mako, Curry, Clarkson and Zaun. -4. ~ CTTY OF LAT{EVj.ZLE COUNCTL MEETING MAY 17, 1976 The plans for the improvements in Dakota Heights and Oak Hills Addition were_ presented. 76,2b9 Motion was made by Emond, seconded by Zaun to adopt Resolution 7b-23 approving the plans and specifications and setting the bid date for June 14, 1976.at 10:00 A.M. Ro11 call`was taken on the motion. 9yes, Emond, Zaun, Curry, Clarkson and Mako. At this time, Mrs. Curry questioned the terms of the supplemental agreement with the U. S.G.B. concerning the water quality samplings in ..the lakes.. Mrs. Curry stated that in her opinion four sampling times were necessary they being, February, May or June, August and October. The Council and staff discussed the samplings and the agreement. 76.270 Motion was made by Curry, seconded by Emond to direct the City Attorney, to con- tact the U.S.G.S. and arrange contracts calling for four samplings, Roll call was taken on the motion, Ayes, Emond, Clarkson, Mako, Gurry and Zaun. ?G. 271 Motion was made by Mako, seconded by Zaun to authorize the preparation of two preliminary .plans and cost estimates for adding on to the off-sale portion of" the Municipal Liquor Store, they being one plan to add on the west. end a maxi= mum of 25 feet and one to add on the south end of the building, said-plans to- include minor redecorating of the on-sale portion of the building. - Roll call was taken on the motion.. Ayes, Emond, Mako, Zaun,. Clarkson. Nays, Curry. Council reviewed the Ordinance amending an up-dating use of weapons in the City limits. 76..272 .Motion was made by Clarkson, seconded by Emond to set the first reading`of the ordinance for June 21,.1976 and the second reading for July 6, 1976. .Roll call was taken on .the motion. Ayes, Emond, Clarkson, Curry, Zaun and Mako.` At this time the Chief of Police and four. citizens presented a report on'the need for a Youth Advisory Board to the City Council and discussed a written report on the goals of such a board. The'Council, staff, and citizens reviewed -the size, proper method of .establishing a board, goals and authority of-such a board. 76.273 Motion was made by Mako to appoint the four citizens and the Chief of Police to a temporary advisory board.. After further discussion the Mayor withdrew the motion. The City Attorney was-directed to prepare a resolution for the 3une 7, 1976 Council meeting concerning .the establishment of a Youth Advisory. Board.. At thin time, Mr. George Hammer requested a rebate of $25.00 on his 1975 dance .license, with the interpretation of Ordinance 439. 16.274 Motion was made by Emond,`seconded by Clarkson to author ze and approve a re- bate of $25.00 from 1975 and direct the City Attorney to report on what the proper pro-rated amount would be for 1976 for Mr. Hammer's license. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry and Zaun. 76.275 Motion was made by Emond, seconded by Curry to approve the .contract with Hospi- tality Enterprises to operate the concessions at Antlers Park in the summer of 1976. Roll call was taken on the. motion. Ayes, Curry, Clarkson, Zaun, Mako and Emond. At this time, Mr,. Wally Potter appeared before the Council with a report on a Juno Trail committee'coneerning recommendations for Juno Trail. 76.276 Motion was made by Zaun, seconded by Curry to acknowledge receipt of the report from the Juno Trail committee. -5- CITY OF LAKEVILLE COUNCIL MEETING MAY 17, 1976 Roll call was taken on the: motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. A discussion was held. concerning the recommendations and it was decided that one of the first steps necessary to be taken was the posting of "No Parking" along both sides of Juno Trail, from County Road 64 to 195th Street. 76..277 Motion was made by Clarkson, seconded by Curry to authorize and direct the post- ing of Juno Trail as "No Parking" from County Road 64 to 195th Street. Roll call was taken on `the motion.. Ayes, Mako, Curry, Zaun, Clarkson and Emond. 76.278 Motion was made. by .Clarkson,. seconded by Curry to instruct the City Administrator to implement steps number 1, 2; and 5 on the written report from the Juno Trail committee. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry and Zaun. At this time the City received a report on the-need for an additional 2,500 yards of gravel material for the construction of the six tennis courts at the Middle School site. Mr. Robinette reported that the~City had already provided 1,500 cubic yards frDm its own. pit with its own men and equipment.. .76.279 Motion was made by Clarkson, seconded by Emond that the City wil:. not partici- pate in providing the additional 2,5QO cubic yards of gravel material for the six tennis courts at the Middle School site. Roll call was taken on the motion.. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.280 Motion was made by Mako, seconded by Curry to approve a non-intoxicating malt liquor license for the Lakeville Jaycees. Roll call .was. taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. Motion was made by Emond, seconded by Clarkson to adjourn the Council :meeting. Roll call was taken on the motion. Ayes, Clarkson, Zaun, Curry, Mako and Emond. Respectfully'submitted, 1' City.Clerk Mayor -6- . ~ CITY OF LAKEVILLE AGREEMENT This agreement made this 29th day of June 1976 by and between the City of Lakeville hereinafter referred to as "City", and: Gerald Le~char, building a single family dwelling, Lot 7, Block 2, Dakota Heights 4th Addi- tion.. The conditions-listed below will be met to build on the before men- tinned below-grade lot., All. .costs. incurred will be paid by 'Gerald-Le,jchar. It is agreed by and between the parties hereto as follows: 1. A culvert will have to be installed in the front portion of the lot to help alleviate the drainage, from the adjoining lot on the south side. 2. Footings will. have to be dug to a minimum depth of 42" to get below the frost level; extra courses of block will be 'required to .achieve the highest elevation possible.. 3. In the event water becomes a problem when the footings are dug, tiling of the footings..and..a sump pump will be implemented. The water collected by the sump pump cannot be discharged into the City sewage system. 4. Landscaping around the dwelling will have to be graded to achieve positive drainage around the front, through the culvert, and to the rear, to the outlying areas. Great care must be exercised to achieve the highest degree of positive drainage. 5. The City Council of Lakeville approved the variance on the 17th day of May, 1976. Edward J. Mako, Mayor t I Patrick E. McGarvey, City erk C er Lei char