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05-18-74
CITY OF LAKf!'VILLE COUNCIL MEETIlVG MAY 18, 197+ The meeting was called to order by Mayor Jensen at 8:00 P.M. Flag pledge followed. Present; Brander, Mako, Jensen, ~nond and Clarkson. Also present; Robert Frigaard, City Engineer and Pat Farrell, City .Attorney. 7+.266 .Motion by Emond seconded by Brander to accept ,the minutes of the May 13, 197+, meeting as presented.. Brander, Mako, Jensen, Emond and Clarkson."aye", motion... carried. 7+.267 Motion by Brander seconded by Mako to accept the minutes of the Special May l?~,- 197~, meeting as presented. Mako, Jensen, Emond, Clarkson and'Brandes "aye", motion carried. 7.268 Motion by Emond seconded by Brander to approve the claims of the City for payment, list attached. Jensen, Emond, Clarkson, Brander and A2aka "aye" motion carried. 7+.269 Motion by Mako seconded by Clarkson to approve. the Liquor claims for payment,.: list attached. Emond, Clarkson, Brander, Mako and Jensen "aye", motion carried. The May 8, 1974, Park and Recreation mi~sutes were presented. 7+.270 Motion by Mako seconded by Clarkson to follow the recommendation of the Park and Recreation Committee and approve the hours of 10 A.M. to 9 P.M. for the 'two supervised beaches to be open. Clarkson, Brander, Mako, Jensen and Emond "aye", motion carried. 7.271 Motion by Emond seconded by Brander to follow the recommendation of the Park & Recreation and have the beaches open from the 15th of June to the 2nd of September. Brander, Mako, Jensen, Emond and Clarkson "aye", motion carried. 7+.272 Motion by Clarkson seconded by Emond to approve the removal of the warming house .from Terrace Park. Mako, Jensen, Emond, Clarkson and Brander "aye", motion carried. 7+.273 Motion by Mako seconded by Clarkson to request the Park and Recreation Coa~i.ttee to review locations for the tennis courts and return to the Council with a recommendation on the 3rd of June. Jensen,,Emond, Clarkson, Brander and Mako "aye", motion carried. The Planning Commission minutes of May 9, 197, were presented. 7~+.27~+ Motion by Emond seconded by Brander to follow the recommendationof the Planning Commission and grant Kenneth 0. Larson a sideyard set-back (difference of 10 ft) at 20$0 I3cxvland Ave. W. to build a garage. Emond, Clarkson, Brander, and Jensen "aye", motion carried. 7+.275 Motion by Mako seconded by Emond to follow the recommendation of the Plarmni.ng Commission and grant Denney Dunham a variance to build below grade (four feet) on property located on Old Minnesota 65. Clarkson, Brander, Mako, Jensen .and Emond "aye", motion carried. 7+•276 Motion by Mako seconded by Emond to refer Mr. Durham's building permit application back to the Planning Conanission as Mr. Dunham wishes to increase the. size of this building. Brander, Mako, Jensen, Emond and Clarkson "aye", motion carried. 7+.277 Motion by Mako seconded by Emand to follow the recommendation of the Planning Commission and grant Waconia Homes a special. use permit to erect a sign on County ..Road 70 and 35W service lane with this permit to be re~riewed Aug. 1, 1975, Mako, Jensen, Emond, Clarkson .and Brander "aye", motion carried. 7+.278 Motion by Eu~nd seconded by Brander to follow the recommendation of the Planning Commission and grant Colin Fowler, Jr. a special use permit for a machine shop at 17700 Junelle Path for .one year. Jensen, Emond, Clarkson, Brander and Mako "aye", motion carried. Mr. Jacobson appeared before the Council with the final plat of Lakeridge Addition. There was many interested persons present from that area. Mr. Farrell explained to the Council and audience the new law and said that if the Concerned Citizens had 500 signatures on a petition for an invironmental (1) CITY OF I:at~rrt.r: F CCDNC IL.MEETING MAY 18, 1g7~ impact study,. this could have an impact on this plat. Mr. Farrell also advised the Council that there is na bond estimate for this. plat at this time and no development contract ready. He feels it would be prudent to continue this plat until the first meeting in June t© see if an environmental study ~rould be re- quired but-this continuance would have t4 be with the express consent of the developer,` G & G Builders, Inc., Mr. Steve...Groho$ki, speaking for G 8c G Builders,. Inc., said that they wc?uld not .consent to thin continuance. Mrs. Marianne Curry read the criteria under which a plat would qualify under the environmental regulations. Joe Williamson showed the Council a graph of the water level fluctuations since 195. Mr.Ben Marks of EcoPlanning, stated that: he .was present on behalf of the Concerned Citizens.. Mr. Curry repented on a conversation he had had with arepresentative of the Metro Sewer Board. He relayed the information that the local treatment plant is operating at four times its capacity and that the new plant may not be ready for operation until 1977. He also mentioned the Lake Phalen Report and the fact that phosphorus used for fert~lzer on lawns is one of the most damaging substances to lakes. Mr. Williamson requested thatthe-council declare a moratorium on°platting for one gearuntil a study is done. Mr.`Farreil advised the C~raneil that. it would have to make~a decision for or agaa.nst approval of this plat unless the builder gives. his consent for a continuance and this consent is not forthcoming. He also advised the Council `that all.: .the reasons for a denial should be in/mction if the .plat. is not approved. the,. 7.2'79 Motion by Mako seconded by Brander to deny approval of the final plat of Lakeridge Addition for the.following reasanss 1,-bonds to guarantee.. the installation of :.public improvements have not been files with the city, 2-applicant has not entered into a development contract. to guarantee<the installation of public improvements.., 3-.lack cP environmental impact study as rewired by law and ~+-plat;~.ncluding lots, blocks and parcels which are not in compliance with City ordinance. Fund, Crarkssn, Brander, Mako and Jensen "aye", motion carried. 74.280 Motion by Brander seconded by fond to table the recommendation about not accepting plats in the Lake Marion watershed until more information is made available at the first meeting in 3uly. Clarkson, Brander, Mako, Jensen and ~nond "aye" motion _carried. 74.281 Motion by Emond seconded by Clarkson..ta reschedule the public hearing for the closing of the alley until the.: second meeting in June at 8s3O P.M. on the following. described property:. That parcel of land bounded on'the South by 208th Street (formerlg lrnown as Spruce Street), bounded on the West by Lots 1, 2, 3, and 5 of Block l3, Original Town of Fairfield, funded an the East by lots 6, 7, 8, and 9 of;Bloek 13, Original Town of Fairfield, and bounded on the North by a line connecting the ATortherly boundary lines of Lots 5-.and 6 of Bioek 13, Original Town of Fairfield, all according to the plat thereof and of record within and. f'or said County and State. Brander, Mako, Jensen, k~ond and Clarkson "aye", emotion carried.. Phyllis Jo,~ade and Lane Esswein appeared before the Council tai request that the Lakevlie'.Amercan Revolution Bicentennial Committee be'approv~d so that the. recognition .from the'National Committee cam: be obtained. 74.282 Motion by Jensen seconded by Emond to approve the nine member Bicentennial Committee as recommended. Mako, Jensen, F~nond, Clarkson and'Brandes „aye.", motion carried. Mr. Roy Varner, president of Northwest Bitumn©us, explained the operation of his plant and the usual hours worked by the employees. Fie said he felt that a twelve. hour day with`a starting time of 7:00 A. M. would be alright. 7+.283 Motion by Brander seconded by Clarkson that the agreed .hours for the erushir~ - operation of Northwest Bituminous be limited tc3 7100 A. M. to 7:00 P.M. be approved. Jensen, ~mortd, Clarkson, Brander and Mako "aye", motion carried. 74.284 Motion by Mako seconded by Brander to approve the final plat of Four Star Corporation subject to ,signing of the development contract. and .the bonds. Heond, Clarkson, Brander, Mako and Jensen "aye", motion carried.` 74.285 Motion by Mako seconded by Clarkson to table the Peddler's Ordinance until the third'meetng in June. Clarkson, Brander, Mako,.Jensen and'Etaond "aye", motion carried. (2) ~ ~ CITY OF i.axBRT~ri,i,F+,' COUNCIL MEETING MAY 18, 974 7.286 Motion by Emend seconded by Brander to ecept the preliminary report for Curb and Gutter on .207th Street and set a he ring for the 3rd meeting in June at 9:04 P.M. Brander, .Jensen, Emond and C arkson "aye", Mako abstained, motion carried. 74.287 Motion by Jensen seconded by Brander to accept the preliminary report for Drainage Ditch ImQ~rovements Through Val ey Park and authorize the Public Works Director to engage the services o a traxeavating machine and operator and to authorize the engineer to stake a ditches when Mr. Robinette is ..ready for. this. Mako, Jensen, E~nond, C arkson and Brander "aye",.motion carried. 74.288 Motion by Hmond seconded by Clarkson to approve the plans and specs for the Orchard Garden Street Improvement.. Jen en, F~nond, Clarkson, Brander and. Mako "aye", motion carried. 74.289 Motion by Mako seconded by Brander to f llow the recommendation of the Public Works Director and purehare the pickup ruck from Jay Kline. Chevrolet at the price of ~~834.. This truck is ready fo immediate delivery. E~ond, Clarkson, Brander, Mako and Jensen "aye", motion arried. It was decided that Mr. Clarkron, Mr. and and Mr. Robinette would interview the lifeguard applicants for screening.. 74.290 Motion by Jensen seconded by Clarkson adopt the resolution adopting the agreement between the City of Lakeville and the .County of. Dakota to apply fora federal fluids to construct, reeon~truct State Aid Highways etc., copy attached. Clarkson, Brander, Mako, Jenren and Elmo d "aye", motion carried. 74.291 Motion by Mako reconded by E~nond-to ac owledge the receipt of the petition from residentr of Oak Kno11r Addition f r the extension of sewer and water, copy attached. Baandes, Mako, Jensen, and and Clarkson "aye", motion carried. 74.292 Motion by Mako seconded by F~nond to au orize the engineer to prepare a feasibility rtudy for the extension of ester and sewer to Oak Knolls Addition. Mako, Jensen, ~nond, Clarkson, Brander d Mako "aye", motion carried.- 74.293 M©tion by Jensen seconded by Clarkson accept the petition for the rtreet light i.n Dakota Heights Addition. and to refer this matter to the Public Works Director for consid eration. Jensen, Fin nd, Clarkson, Brander and Malso "ayes', motion carried. 7.294 Motion by ~mond seconded by Brander to dopt the resolution giving grade approval for State Project No. 19-670-06 etc., a py attached.. Emond, Clarkson, Brander, Mako and Jensen "aye",.motion carried. Mr. Farrell reported on the Vern Donnay bankruptcy proceedings. 74.295 Motion by Jensen seconded by Mako to pr vide matching funds for that provided by the county to hire young people for: ummer work.:.Clarkron, Brander, Mako, Jensen and gnond "aye", motion carried. Motion by Mako seconded by Clarkson to d~ourn carried unanimously. Respectfully submitted, CLERK YOR (3) 1