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HomeMy WebLinkAbout06-21-76 tf` ~ CITY OF LAkEVILLE COUNCIL MEETING JUNE 21,..1976 The meeting was called to order by Mayor Mako at 8:00 P.M. The pledge of alle- gance to the flag was held.. Roll call was taken. Present:. Emond, Mako, Curry, Zaun and Clarkson. Also present, City Administrator, Pat McGarvep Gity Attorney; Roger Knutson, Con- suiting Engineer, Robert Frigaard, Public Works Director, Jim Robinette.. 76.315 Motion was made by Zaun, seconded by Curry to approve the minutes of June 7, 1976. Roll call was taken on the motion. Ayes, Emond, Mako, Zaun, Curry and Clarkson. 76.316 Motion was made.. by Emond, seconded by Clarkson to approve the minutes. of the Special :Council Meeting of June 15, 1976. Ro11 call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. The Council reviewed the claims for approval to pay. Mrs. Curry recommended that claim ~1~14249 to the Engineering Consultant be not apps©ved due to the condition of the water booster:'station project, 76.317 Motion was. made by Curry, seconded by Zaun not to pay claim X14249. Roll call was taken on the motion. Ayes, Curry and Zaun. Nays, Emond, Mako and "Clarkson. '.7.6.318 Motion was made by Mako, seconded by Zaun to approve the claims against the City, as the. bills being paid to the Engineer did .not include .any work on the water booster station.. Ro l call was taken on the motion. Ayes, Zaun, Mako, ..Emond and Clarkson. ..Nays,. Curry. 76.319 Motion was made. by Emond, seconded by_Curry to approve the claims against the Liquor Store, Roll call was taken on the. motion. Ayes, Emond, Curry, Zaun, Clarkson and Mako.' The City Attorney reported that .the trailers containing hazardous materials which were. being parked at the junction of 35W and T.R. 50 had. been removed by Follution Controls, Inc. A large standing-room only crowd"was in attendance at the Council meeting, many of which were there for the proposed. Weapons Ordinance. Mayor Mako then reviewed the background of how the Weapons Ordinance had been placed on the agenda and ex- plained that the City had two Ordinances presently on the books, numbers 34 and 41 which 'regulate weapons and shooting in the City. The Mayor then had the City Administrator read the second draft of the proposed new Weapons Ordnance`and'ex- plain the three differences in the Ordinance from the two present Citq Ordinances. The City Administrator read the proposed Weapons Ordinance explaining that, it was the second draft and .the three areas of dif€erence in .the proposed .Ordinance in comparison'ta the two older City Ordinances. Those areas were the adopting by reference of the State law requiring registration of hand guns, including B-B guns and the definition of firearms, and written permission to hunt on a persons ..property. At this time, several citizens took their turn in addressing the Council and speaking against. the proposed new Ordinance. After considerable discussion, it was the consensus of the Council that since the City already had two .Ordinances that were. substantially providing the same things as the proposed Ordinance, and due. to the considerable feeling among the citizens that no changes were necessary, that any further. consideration of the Weapons Ordinance ~a terminated. 76.320 Motion was made by Emond, seconded by Curry not to,cansider any further change in the..present City Ordinances concerning:.weapons and shooting in the City. Roll call was taken on the motion. Ayes, Mako, Emond, Curry, Zaun and Clarkson. _h `ry s CITY OF LAKEVILLE COUNCIL MEETING ~t JUNE 21, 1976 At this time several petitions were. received and. considered by the Council., 76.321 Motion was made by Zaun, seconded bq Emond to receive the petition regarding objections to the "No Farking" restrictions on Juno Trail .and Orchard Lake. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun. aAd Clarkson. 76.322 Motion was made by Emond, seconded by Zaun to receive a letter dates 3une 10, 1976 from residents along Juno Trail approving the "No Parking"..restrictions.. Roll call was. taken on the motion. Ayes, Zaun, Clarkson, Curry, Mako and Emond. At this time the Council d3.scussed the issue of parking and fishing along Juno Trail including. the ownership 'of the roadway. The City Attorney explained that from his research he felt confident. that the road right-of-way as is presently driven and maintained. by the City is public right-of-way. 76.323 Motion was made by Curry, seconded by Zaun to direct the City Attorney to deter- mine as best he can what we own as public right-of-way and how wide it is and what lakeshore is included, if any. Roll call was taken on the motion. .Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76..324 .Motion was made by, Mako and seconded by Emond to instruct the Park and Recreation Committee to determine if the City must. provide lakeshore fishing areas and if so, where they should be. Roll call was taken on the motion. -Ayes, Curry, Zaun., Clarkson, Emond and Mako. 76;325 Motion was made by Curry, seconded by Emond to ask the Public Works Committee to investigate where there may be some parking accommodated along Juno Trail. Roll call was taken on the motion. -Ayes, Emond, Mako, Curry, Zaun and Clarkson. .76.326 Motion was made by Curry, seconded by Zaun to acknowledge receipt of she petition requesting aportion of 208th St. W. to be paved, Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry and Zaun. 76.327 Motion was made by Curry, seconded by Zaun .to direct the City staff to report to the Council on the costs and assessment policies for the paving of the requested portion of 208th St. W. Roll call was taken on the motion.. Ayes, Emond,. Mako, Curry, Zaun and Clarkson. 76.328 Motion was made bq Emond, seconded by Mako to receive a getition requesting ex- tension of Phase I sewer and water in the Orchard Lake project, to include the houses west of the Sea Girt Inn. • Roll call was taken on the motion. Ayes, Mako, Emond, Clarkson, Zaun and Curry. 76.329 Motion was made bq Curry and seconded by Zaun to refer the petition to the Engineer for a cost estimate on hook-up capacity and to investigate the poten- tial pollution problems the citizens in that area may have. Roll call was taken on the motion. Ayes, Mako, Curry, Clarkson, Zaun and Emond. 76.330 Motion was made by Emond, seconded by Zaun to acknowledge receipt of a petition from citizens living around the Sea Girt Inn requesting. certain changes in the operation of the tavern before issuing a set-up license. Roll call was taken on the motion.-_Ayes, Emond, Zaun, Clarkson, Curry and Mako. 76.331 Motion was made by Curry, and seconded by Clarkson to have the Police Department report on the past years activitq at the Sea Girt Inn be inclp~led in the public recorc Ro11 call was taken on the ntoton. Ayes, Emond, Clarkson, Curry, Zaun and Mako. At this time, Mr. Richard~Holetz, one of the owners of the Sea Girt Inn, spoke to the Council and citizens present regarding the operation of the Sea Girt Inn and their attempts_to eliminate the problems. Mr. Holetz stated that thep are -2- ~ CITY OF T.ARFVILLE COUNCIL MEETING • ~E 21, 1976 t t ~'ih the process of getting air conditioning costs for the building, would like ' to consider remodeling and putting in new rest rooms when sewer and water. is available, to expand their off-street parking by removing 'a hill on their pro- party, plan to`remodel and-paint the exterior and the cabins.. Mr, Holetz explained that the business loses money five days a week and only makes money on the weekends when they must have promotions. After cansider- able discussion, 76.332 Motion was made by Curry, seconded by Clarkson to approve the set-up license for the year beginning July 1 subject to the owners making application for a dance license. as required by Gity Ordinance, meeting the fire codes and-sh~w- ing that there is adequate parking lot assistants and control when crowds re- quire it. Roll call was taken on the motion, Ayes, Emond, Mako, Curry, Clarkson and Zaun. 76,333 Motion was made by Mako, seconded by Curry to order and approve the placement of "No Parking" restrictions an the lakeside of 168th Street west of the Sea Girt Inn to Judicial Road. Ro11 call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.334 Motion was made by Emond, seconded by Zaun to receive a letter from property owners in the Kingswood Estate area requesting sewer and water utilities. Roll ca21 was taken on the motion. 'Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.335 Motion was made by Emond, seconded by Curry to turn the letter over to the staff forreview and comments. ..Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Zaun and Curry. 76.336 Motion was.made by Emond; seconded by Clarkson to acknowledge receipt of a peti- tion and a letter objecting to amending the Zoning Ordinance to permit a canine Bare center to be accommodated in an R-lA zone by a conditional use permit. Roll call was taken on the motion. Ayes, Clarkson, Zaun, Curry, Mako and Emond. The City Administrator read the proposed Ordinance amendment and explained the. conditions therein.. Several citizens spoke objecting to the proposed amendment and the placing of what they felt was a business in a residential zone. 76.337 Motion was made by .Curry, seconded by Clarkson to deny the Ordinance amendment to the Zoning Ordinance for the canine care center. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson, The. Council,felt'the_Ordinance should be denied because it would establish a bad precedent. M. Curry stated there would be a loss of revenue due to not being commercial zoning, and also stated the amount of disagreement by surrounding., property owners: 76.338 Motion was made by Emond, seconded by Curry to approve a. et-up license for the year beginning July 1, 1976 for the Orchard Lake Tavern. Roll call was taken on the motion. Ayes,. Emond, Mako, Zaun, Clarkson and Curry. 76.339 Motion was made by Clarkson, seconded by Zaun to extend the Council meeting be- yond 11:00 P.M. Roll call was taken on the motion. .Ayes, Emond, Mako, Curry, Zaun, Clarkson. 76.340 Motion was made by Emond, seconded by Curry to approve the license transfer and license for John's Taverm to .Marceline Pranke. Roll call was taken on the motion. ..Ayes, Emond, Mako, Zaun, Curry and Clarkson. 76.341 Motion was made by Zaun, seconded by Emond to receive a letter from the Lakeville Chamber of Commerce ..requesting the establishment of a "Lakeville Stadium Study Commission". Roll call was taken on the motioa. Ayes, Curry,~Clarkson, Zaun, Mako and Emond. -3- • . ~ ~ 'CITY OF LAKEVILLE.COUNCIL MEETING .JUNE 21, 1976 The Council decided to give further consideration to the request at the July Council meeting to be: held on July 19, 1976. The City Administrator recommended that the Council table items 13 and'14 con- cerning the Queen Ann ..park agreement,foi the extension of sewer service and the change-order to provide service due to the agreement not being available .and signed by the owners of the park. 75.342 Motion was made by Curry,. seconded by Emond to table-items i3 and 14-until the July 6 Council meeting. Ro l call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and-Clarkson. 76.343 Motion was made by Clarkson, econded by Emond to approve the change-order for -the Richard Knutson contract for the Orchard Lake trunk water and sewer project .for work around-the Ghart House to allow completion and restoration`of the property in that 'area, as recommended by the City Engineer.. Roll call was taken on the motion. Ayes, Mako, Zaun,. Clarkson, Curry and Emond. X6.344 Motion was made by Curry, seconded by Zaun to approve the General Revenue Sharing.. Planned Use: report fore entitlement period number 7 in the amount of $26,7b7. Roll call was taken on the motion. Ayes,. Clarkson,`Zaun, Curry, Emond and Mako. The City Administrator recommended that the Council table the approval of pay request number 5 to Berglund-Johnson,'Inc. in 'the amount of $.9,481 for work on the water booster station due to the .lack of progress and condition of the water booster station at this time. 76.345 Motion was made by Emond, seconded by Zaun to table"approval of payment request number 5. Roll call was taken on"the motion. Ayes, Mako, Emond, Zaun, Curry and Clarkson. 7.6.346 Motion was made by Emond, seconded by Curry to approve pay request number 7 to Richard Knutson, Inc. for work on the Orchard Lake water and sewer trunk pro3ect in the amount'of $221,688.75. Roll call was taken on the motion. .Ayes, Emond, Mako, Curry, Clarkson and Zaun. 76.347 Motion was made by Mako and seconded by Zaun to appoint Marianne Curry as the Council's representative on the ci izens Youth Advisory Board." Roll call"was oaken on the motion. Ayes, Emond, Clarkson, Zaun and Mako. Abstain, Curry. The City Administrator, and Engineer for the developer, reviewed the preliminary. plat of Golden Leaf .Forest`.consisting of five-three acre lots. 75.348.. Motion was made by Curry, .seconded by Zaun to approve the preliminary plat'of Golden Leaf Forest with a variance for the extra length of the cul-du-sac and a lOx grade on a portion of the road. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson. 76.349' Motion was made by Emond; seconded by Clarkson to acknowledge receipt of the` Lion's Club 'request :for bingo. Roll call tins taken on the motion. Ayes, Clarkson, Zaun,. Curry, Mako and Emond, Mr. Bob Purcell presented a petition requesting the improvements of the Jackson .Heights 1st Addition streets by'constructing an asphalt street with concrete curb and gutter. 76.350- Motion :was made by Curry, seconded by Zaun to acknowledge receipt of the pet- ion-on Jackson Heights 1st Addition streets. Roll call-.was taken on the motion. Ayes, Curry, Clarkson., Zaun, Errand and Mako. 75.351 Motion was made by Mako, seconded by .Curry to authorize and direct a preliminary -4- a CITY OF LAKEt1ILLE COUNCIL MEETING t ,NNE 21, 1976 engineer report be .prepared for a street improvement project consisting of .asphalt streetsand concrete curb and gutter in Jackson Heights 1st Addition. Roll call was .taken on the motion. Ayes, Mako, Clarkson, Curry, Zaun and Emond. 76.352 Motion was made by .Curry, seconded by Zaun to put a proposed Ordinance on the next Council meeting concerning the establishment of a Natural Resources Commission. Roll call was taken on the motion. .Ayes., Zaun, Curry, Clarkson, Emand and Mako. Motion was made by Clarkson, seconded by Emond to adjourn the Council meeting at 11:50 P.M. Roll call was taken on the motion. Ayes, Emond, Nlako, Curry, Zaun and Clarkson. Respectfully submitted, fi Patrick E. Me rve City C}. rk Edward J. Mako, r r.