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HomeMy WebLinkAbout09-07-76 ; ~ ~ CITY OF LAKE LE COUNCIL MEETING SEPTEMBER 7,..1976- The meeting was called to order at 8:00 P.M. by Mayor Mako and the flag pledge was given. RoII call`was taken. Present:. Emond, Mako, Curry, Zaun, and Clarkson. Also present: City AdministratorCity.Attorney, Public Works Director. 76.417 Motion was made by Zaun, seconded by'Emond to approve the minutes of the August 16,.1976 Council meeting. .Roll call was taken on the motion. Ayes, Emond, Zaun, Clarkson, Curry, `and Mako. 76.418 Motion was made by Emond, seconded by Clarkson•to approve the minutes of the August 24, 1976 Special Council meeting. Roll call was taken on the motion. Ayes,. Clarkson, Emond, Mako, Curry, and Zaun. 76.419 Motion was made by.Mako, seconded by Zaun to approve all the claims presented except Claim X14598. This claim involved the payment for the rental of satel- life-facilities for the Pan-O-Frog events. The Mayor explained that it-.had been past City policy to pay the costs of policing and sanitation services for these events. Marianne Curry questioned as to whether this was a budgeted item in the City budget and if the City should be: paying for"this as a part of Pan-O-Frog. Roll call. was taken on the motion. Ayes, Emond, Mako, Curry,-Zaun, and Clarkson. 76.420 Motion was made by Mako, seconded by-Emond to approve Claim X14598. Roll call was taken on the mo ion. Ayes, Emond, Mako, Zaun, and Clarkson. No, Curry. There were no staff reports. At this time the Mayor opened the discussion on the possible improvement of a one block area of 208th .Street east. Mr. Doug Moehle spoke to the Council and presented a petition from some 40 area residents pledging to pay half of the estimated costs for the City to put in an asphalt street with asphalt curbing. The petition requested that the City not assess Mr. Tutewold for his share with the money received from the petitioners, and to apply the re- maining balance to the other two property owners on a front foot basis. 76.421 Motion was made by Emond, seconded by Zaun to receive the petition. Roll call was taken on `the motion. Ayes, Emond, Mako, Curry., Clarkson, and Zaun. The City Attorney stated that the City could order this project if the two pro- perty .owners proposed to be assessed under this arrangement would agree to sign a waiver of hearing and agree to be assessed for .the remaining balance of the cost against their property.. He also recommended that the City should receive the-cashpledge from the petitioners before proceeding. 76.422 Motion was made by Emond, seconded by Curry to order the improvements subject to receiving the waiver of hearing of assessment from the owner of the Wright property and Beaumaster property and subject to receiving the cash pledged from. the petitioners. - Roll call was taken on the motion.. Ayes, Emond, Mako, Curry, Zaun, and Clarkson.: 76.423 Motion was made by Zaun, seconded by Clarkson to ..receive the minutes of the August 19, 1976 Planning. Commission meeting. Roll call was taken on the motion. Ayes, Clarkson, Zaun, Curry, Mako, and Emond. 76.424 Motion was made by Emond, seconded by Zaun to grant a variance`to construct a home in the Oak Shores 3rd :Addition as recommended by the Planning Commission on a belos~~grade Iot . .Roll call was taken on the motion. Ayes, Emond, Zaun, Clarkson, Mako, and Curry. At this time Mr. Russell Streefland, an Attorney representing Mr. Jackson, ap- peared before the Council to request .a variance in the 3 acre minimum lot size for the sale of Mr. Jackson's-home on a 2.54 acre parcel and to request a -1- t _ s. • ' ~ CITY OF LAKEVIZLE COUNCIL MEETING SEPTEMBER 7, 1976 special permit to conduct a commercial activity in a commercial zone that does not;'have sewer and water.. .The new activity being a small printing business in the garage of the home which thebuyer wishes to conduct. The City. Administrator xeported that the Planning Commission had recommended the.Councilapprove the .variance and permit. 76.425 Motion was made by Mako,`seconded by Emond-to approve the variance of a 3 acre Iot size-to allow 2.54 acre Iot due. to the fact that the house has been exist- ing and there is no problem with the septic system functioning. Roll call was. taken on the motion. Ayes, Emond, Mako, Curry,:: Zaun, and Clarkson. 76.426 Motion was made by Emond, seconded by Zaun toissue a special permit for a .commercial use in a commercial zone without sewer.. Roll call was-.taken on the motion. Ayes,.. Emond, Mako, Clarkson, Zaun, and Curry. 76..427 Motion was :.made by Zaun, seconded by Clarkson to receive the minutes of the September-2, 1976 Planning Commission meeting. .Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Clarkson, and Zaun. At this time Mr. Gerald Toberman appeared before the Council to request. a condi- tional use permit to conduct the sale of mobile homes and modular homes on property he is renting from Mr. Wren at .the corner of County Road 5 and 35W. The site plan was reviewed with the Council and Mr. Toberman answered questions concerning the type of homes being cold. Mr. Toberman explained that they ..would be new mobile homes, primarily their 14 x 70 foot size-and 'modular homes. Ae stated that he-would 'be using the existing .former gas station building. as a' sales office.: He 'also stated than the underground gas tanks that served the. .:former gas station are not under the property that he is renting from ..the Wrens. 76.428 ...Motion was made by Emond, seconded by-Zaun to approve a conditional use. permit to conduct a mobile home sales lot for a period of one year subject to Mr. Tober- managreeing to the conditions stated in the permit from the City. Roll call was taken on the motion. Ayes, Emond, Mako, Clarkson, Curry, and Zaun. At this time Mr. Mike Gresser appeared before the Council with a request of approval of the building and site plans for construction of a building at the rear. of his-property behind his present building on old Highway 65. The Planning Commission recommended approval. -76.429 Motion was made by Emond, seconded by Zaun to grant a building permit to eon struct a new building on a separate parcel of property owned by Mr. Gresser at the rear of his present building and property, as per plans presented. Ro11 call was taken on the motion. Ayes, Emond, Ma.ko,-Curry, Zaun., and Clarkson. At this time the .Mayor opened .for discussion the .consideration of a conditional use permit for Mr. Gary Huth and Todd Hulbert`to operate a recreational center -in the former'Yamaha Building on Cedar Avenue.. The City staff presented a site plan showing .the location of the building and the parking Iot arrangement and driveway. Several citizens were present to question-the zoning of the property which was stated to be B-4 Commercial. Council, staff, and citizens discussed how the zoning occurred, what. it allowed, and the problems and procedure that would be involved in down zoning 'it to something less than a B-4 use.` The.City Council was presented with a petition from residents in the area 'concerning `the ...proposed use. 76.430 Motion was made by Zaun, .seconded by Gurrq to accept the petition. Roll call was taken on the motion.. Ayes, Emond, Mako, Curry, Clarkson, and Zaun. -76.431 After considerable discussion, motion ,was made by Mayo~.Mako, seconded by .Emond to grant a conditional use permit to operate an 'amusement center to Mr. Gary Huth and Todd Hulbert'sub~ect to them signing and approving ..the conditions on the .permit. Roll call was taken on the motion. Ayes, Emond, Mako,'Curry, Zaun, and Clarkson. -2- y' • • CITY OF LAKEVILLE COUNCIL MEETING. ..SEPTEMBER 7, 1976 At this time the Council took up consideration of the proposed plat presented by Mr'. Dunham far an industrial. park. The City Administrator. pointed out that. the Planning Commission recommended denial of:`the plat..because it is not con- sistent with the Interim Urban/Rural Service plan recently adopted by the City .Council,: there is no water and sewer utilities in the area ar proposed to be extended to the area within. the near .future, .and"that the plat for some 77 acres. did not show the layout of a great deal of the-area beyond .the first lot and_block,`except for one road running east -"west. At this. time Mr. Pat Stewart representing Mr. Dunham spoke 'to the Council and stated their reasons why they felt the Council should approve the preliminary plat.'... . The ;Council and staff reviewed, and pointed out, that the City is exgected to -adapt plans :and procedures which assure that the Urban Service District Plan will be implemented and followed so'that the City .can prepare and have a new Comprehensive Plan approved by the Metropolitan Council under the Land Use Planning Act adopted by the 1976 State legislature. ...The Interim Service Plan the City :adopted is a step toward meeting those requirements.` 76..432 Motion was made by; Curry, seconded by~,Mako to deny the preliminary plat of Mr. Dunham: due to the fact the. plat would be inconsistent with the Interim Urban/Rural. Service District Plan adopted by the Citq Council'on August 16, 19.76 because the plat does noteprovide for urban servicesutilities, and does not show in sufficient detail the long-range layout of the vast majority of he acreage in the plat. Roll call was taken on-the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson. 76.433 .`Motion was made by Emond,seconded by Clarkson to receive the Park and Recreation Board minutes of August 18, T976. Roll°call was taken on the motion. Ayes., Clarkson, Emond, Zaun,`:Mako, and Curry. .After. much discussion, the City ,Council ...tabled the request of the Recreation Director to approve two archery sites and asked that-the Director and Committee look into .other alternative sites. A ..request from the-Recreation Director for the Council to .approve the City f fling a Grant request to the Department of Natural Resources for .cross. country 'ski trails was made. The Council and staff .discussed this request. 76.434 Motion was made by Emond, seconded by Curry to approve the filing.: of a Grant with-the Department of Natural Resources for a cross country ski trail 'program. Roll call was taken on the motion. Apes, Emond, Mako,;Curry, Zaun, and Clarkson. 76.435 Motion was made by Mako, seconded by Zaun. that the Council .approves '.the concept of the Lakeville Jaycees plan for constructing a rest room - shelter.€acility in Aronson: Park-and directs than the Jaycees and Park and Recreation Committee work out the further details as to the type o-f facility; and location in the park..: Roll call was' taken on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson... 76.436 Motion was made by Clarkson, seconded by Curry to approve an agreement between the City of'Rosemount and the City of Lakeville for the use of ewer maintenance equipment owned by .one .city and used by the other at certain times. _Roll-.call was taken on the motion. Ayes:, Mako, Curry, Zaun, Clarkson,_and Emond. Approval of a, Resolution calling a bond sale for the Orchard Lake Pha~te I 4nd >Dakota Heights'street project was tabled`as it was not ready at this Time. 76.437 -.Motion was made by Emand, seconded `by Zaun to approve pay request #2 to Robert 0. Westlund Construction Company for .work on the new fire `station in the amount of $142,620.85. RoII ca12 was .taken on the motion. Ayes, Emond,`Mako, Curry, Zaun, and Clarkson. 76.438 Motion was made by Curry, seconded by Zaun to receive a letterfrom Mr Brad Johnson :requesting astreetlight.. -3- • • CITY OF L~A~KEVILLE COUNCIL MEETING SEPTEMBER 7 1976 Roll call wastaken on the motion. Ayes, Emond, Mako, Curry, Zaun, and Clarkson. 76.439 Motion was made by Emond, seconded by Mako to refer the request to City staff fore a recommendation. .Roll .call was taken on the motion. Ayes, Mako, Curry, Clarkson, Zaun, and Emond. 76.440. Motion was made by Emond, seconded by Zaun to receive two letters from the' Lakeville. Chamber of Commerce concerning-the. Natural,Resources Committee and designating new County Road 70 as a truck route, Roll call was taken on the motion. Ayes, Mako,. Curry, Zaun, Clarkson', and Emond. 76.441 Motion was made by Emond, seconded by Clarkson to refer-the request for the 'truck` route designation to the staff for handling. Roll call. was taken on the motion. Ayes., Clarkson, Emond,.:.Mako; Zaun, and Curry. 76.442.. Motion was made by Zaun, seconded by Curry to adopt Resolution X76-38 stating .the City's policy on the handling of bills for the ambulance company which the City is subsidizing along with Apple Valley and Farmington. Roll. call was taken .on the motion. Ayes, Emond, Mako, Curry, Zaun, Clarkson. At this time Mr. Walter Sternberg addressed the Council concerning the property he owns along County Road 44 as to whether the lots are buildable as determined by the City and as to whether which lots would be assessed for the Orchard Lake water/sewer project now underway in that area. , 76.443 :Motion was made by Emond, seconded by Zaun to continue the meeting beyond the 11:00 time.. . Roll call was .taken on the motion. .Ayes., Emond, Mako,. Curry, Clarkson,. and Zaun.` The'Council directed the staff to meet with Mr._Sternherg and his representatives at the site to determine which property was buildable and .:report back to the Council. 76.444 Motion was made by Emond, seconded by Curry to adopt Resolution 76-40 to commence condemnation proceedings on Mr.`Sternberg's property in the event negotiations fail to achieve the easement from Mr. Sternberg .for the City's use of part'of his property. ('7~~~o Nor ' pR~~oaR~a_ ~gccD, ~AsE.~E,~: ~~RoM ~q.SrE~c~~s~z~.) Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Clarkson, and Zaun. At this time Mrs. Mohn presented samples of rusty water to the City Council and requested the City ..take. steps to improve the water in their. area of the. City, Mr. Robinette explained to the Council. that the City wouldbe superchlorinating the.water lines in an effort to clear up some of the problems and expected to get at this project in late: September after labels have arrived from the City cam.puter center so-that letters can_be sent ,to the property owners in the af-- fected area. Mayor Mako questioned the costs involved and stated that in the past he had gotten the opinion from the Engineer-.that such a. project was very expensive. The staff reviewed the project and he fact that the cost of the chlorine n- volved and labor, would not be prohibitive and that itshould be tried at least.. once to see if the results are effective compared to the costs involved. 76445 Motion was'made by Emond, seconded by Zaun to adopt Resolution X76-39 concern- ing the installation of signs on City. streets. as per results of a study:, with costs to be reimbursed from the .Minnesota Highway.Department- Roll call was taken on the motion. Ayes, Emond,-Mako, Curry, Glarkson, and Zaun. 76.446 Motion was made by Emond, seconded by,Mako to grant a nonintoxicat,ing liquor license to AT1 Saints Church to conduct a Church festival. .Roll call was taken on the. motion. Ayes, Emond,. Mako, Clarkson, Curry and 'Zaun... 76.447 Motion was made by Curry, seconded by Clarkson to_refer the matter of a new contract with the architect,:,Ackerberg & Associates., for the remodeling and. -4- . r' CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7, 1976 enlarging of the Liquor Store. Roll call was `taken on the motion.' Ayes, Emond,,Mako, Clarkson, Curry, and Zaun. At this..time Marianne Curry raised a question about-the status of the Orchard Lake trunk sewer project and the question as to whether or not the City Engineering Consultant should be given a contract`to conduct an infiltration survey with the aid of a Grant fromthe E.P.A. due. to the problems on past projects. Mrs. ..'Curry also stated. that. she did not feel it was possible for a person who de- signed and supervised the construction of a project to be in charge of inspect- ing his own work at a later date under .such a..contract. .The Council discussed the matter at length. 76.448 Motion was made by Curry, seconded: by Zaun to terminate the.:.contract..pursuant to the .appropriate .termination provisions in the contract; with Bonestroo, Rosene and Anderlike, Assoc. for the sewer infiltration study. - Ro11 call was taken on the motion. Ayes,, Curry, Zaun. Nays, Emond, Mako and Clarkson 76.449 Motion was-made by Mako, seconded by Emond to .call a special meeting of the Council for September 13, 1976 at 7x00 P.M.:for the purpose of discussing the contract with. the Engineering Consultant for the sewer infiltration 'analysis and the possible termination of that contract. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Clarkson, and Zaun. Motion was made by Mako, seconded by Clarkson to adjourn the Council meeting. Roll call was taken on the motion, Ayes, Emond, Mako, Curry, Clarkson and Zaun. Respectfully submitted, Patrick E. McGarve Clerk Edward J. Mako, Mayo _5_