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07-01-74
CITY OF LA.Kk'VIL,_ ~JNCIL MEETING JULY , 1974.. The meeting was called to order at 8:00 o'clock P.M. by Mayor Jensen. Flag. .pledge followed. Present; Brander, Mako, Jensen and Clarkson. Absent;. Emond. Also present; Pat Farrell and Roger Knutson, City Attorneys and Robert Frigaard, City .Engineer. 74.350 Motion by Mako seconded by Brander to accept the minutes of the June 17, 1974, meeting as presented.. Brander, Mako, Jensen and Clarkson "aye", aawtion carried. 74.351 Motion by Mako seconded by Brander to accept the minutes of the June 18, 1974, Board of Equalization meeting as presented. Mako, Jensen, Clarkson and Brander -"aye", motion casri~ed. 74.352 Motican by Mako seconded by Brander to accept the minutes of the Special June 24, 1974, meeting as presented. Jensen, Clarkson, Brander and Mako "aye", anotion carried. 74.353 Motion by Mako seconded by Bxandes to pay the claims against the City... Clarkson, Brander, Make and Jensen '"aye", motion carried. The Park & Recreation minutes of June 12, 1974, were presented. There was a discussion as to the legality of restricting stay further eoaanaercial or residential development in the area bounded on the south by Rit~aer Park, on the East by Hwy 35W, on the North by Minnreg Rd and on the West by Dakota- Scott County line. 74.354 Motion by Ma,lso seconded by Brander to eaupower the clerk to send out notices to property owners of the land north of Qfi._;Ritter Park to appear before the City Council to discuss the futxare use of this land. Brander, Mako, Jensen and Clarkson "aye", motion carried. 74.355 Motion by Brander seconded by Clarkson to follow the Park & Recreation Committee recoaaanendation and authorize the purchase o~ $1,000 u~rth of barbecues for Antler's Parr., Maka, Jensen, Clarkson and randes "aye", motion carried. James Emond arrived at 8:25 P.M. 74.356 Motion by Mako seconded by Brander to follow the recommendation of the Park & Recreation Comtniatee and purchase six sets of horseshoes at a cost not to exceed X100.00 Jensen, Emend, Clarkson, Brander and Mako "aye", motion carried. 74.357 Motion by Emond seconded by Clarkson to follow. the reeoaz~nendation of the Park & Recreation Comrn:i.ttee to purchase awood-arch climber and slide at a cost of $1126.. This equipment will be placed in Orchard Lake Park.. Emond, Clarkson, Brander, Mako and Jensen "aye", motion carried. 74.35$ Motion by Emond seconded'by Mako to purchase equipment at the cost of X446 to be placed in the 167th St. Park. Clarkson, Brander, Mako, Jensen and Emond "aye", motion carried. .74.359 Motion by Mako seconded by Clarkson to authorize the expenditure of up to X300 by James Robinette to construct a small dock at Orchard .Lake Park. Brander, Mako, Jensen, Emond and Clarkson "aye", motion carried. The Planning Commission minutes for June 13, 1974, were presented. 7.360 Motion by Brander seconded by Emond to follow the recoaaamendation of the Planning Coa~ai.ssion and grant a variance to side yard set backs to Sehmitty & Sons Bus C©. to enlarge their garage located at the SW~ of the NE,i-,-,, Sec. 32, T114, R20. There were no objections. Mako, Jensen, Emond, Clarkson and Brander "aye", motion carried. 74.361 Motion by Mako seconded by Emond to follow the recommendation of the Planning Commission and grant a building permit to Schmitty & Sons for the same address as in motion 74.360.. Jensen, Emond, Clarkson, Brander and Mako "aye", aax~tioaa carried.. 74.362 Motion by Emond seconded by Brander to follow th.e recommendation of the Planning Co~nission and grant Robert E. Nelson a variance to build a garage over 600 sq. ft, at 6610 169th St. W. Emond,-Clarkson, Brander, Mako and Jensen "aye", motion .carried. ~1) 1 cy CITY OF LAK~'VILLE COUNCIL MEETING JULY 1, 197+ 7+.363 Motion by Emond seconded by Jensen to follow the recommendation of the Planning Commission .and grant Stanley Overby a special use permit to install an underground storage tank for gasoline at his home at 19~+th St. and Hwy 50. Clarkson, Brandes, Mako, Jensen and Emond "nay", motion failed. The continued hearing on the Lakeridge°Plat was. reopened. Mr. Farrell explained to the Council what had taken place at the meeting in his office on the 26th of June. All persons present who represented the various groups and agencies were given a chance to speak. Mr. Farrell advised the Council that it could act on this request for final plat and that the development could continue while the assessment is being prepared. He also said that there is no legal basis for denying the plat and felt that the following conditions could be attached to the plat approval which would control the. development: 1. immediate steps to control erosion during the construction stage and the existing bond should be continued plus additional bond posted 2. bonding requirement should be complied with 3. all state laws and state agencies. such as the Dept. of Natural Resources requirements should be followed and the engineer should be instructed to follow up on these to comply with the DNR and other .agencies requirements ~F. developer will pay the cost of any impact statement 5. developer will comply with all the requirements of the Environmental Quality Council if any impact statement is required An escrow amount could be required to cover the costs of inspections. It was mentioned that na action had been taken as yet by the developer to control erosion. Many of the Concerned Citizens were present. John Piereeall, an attorney representing the Concerned Citizens of .Lakeville Hills, presented a request to the Council that the problems of that area be considered. 74.36+ Motion by Mako seconded by Clarkson to table the decision on Lakeridge plat until Monday., July 8, at 9:00 P.M. and that the City Attorney be instructed to write up a suggested development contract and that copies be in the hands of the president of the Concerned Citizens, Inc, the developer and the City Council members by Friday, the 5th of July. Brander, Mako, Emond and Clarkson."aye" Jensen "nay", motion carried. A five minute recess was declared. The hearing for curb and gutter installation on 207th St. was reopened.. Mr. Mako requested permission to sit in the. audience. Mr. Frigaard read the preliminary report he had prepared for this project. Many interested persons were present. Mr. Mako stated that he had advised his neighbors how to petition for this improvement and that he would. like to see the curb and gutter installed as it would increase the value of the properties. He also stated that although his lot is smaller than most that would be assessed, he would. be in favor of splitting the costs evenly between the parcels of land. Mrs. Gene Peterson said that the curb and gutter wouldn't keep the people from .parking on the boulevards, Mr. Peterson felt that storm sewers would be needed if curb and gutter are installed. Mr. James Mayer stated that they had started this petition for improving the value of the property. Robert Christiansen, Duane Olmsted and Allan Adki.nsson all felt that the existing curb was ok. 7+.365 Motion by Emond seconded by Clarkson to deny the request for the installation of curb and gutter on 207th St. W. Jensen, Emond, Clarkson and Brander "aye", motion carried. Mr. Mako resumed his seat at the Council table. Mr. Jerry Maert~,attorney representing International Research Service Inc., presented the proposed concept of the Equine Business and why they would like Lakeville to approve Industrial Revenue Bonds for this project although it is .situated in New Market Township. It was felt that the City of Lakeville would not have the necessary control over these bonds in another community and Mr. Jensen asked Mr. Farrell what would have to be done to annex this property. t2) 1. _ CITY OF I,AKF.'VIT.T.F COUNCIL MEETING JULY 1, 197+ 7+.366 Motion by Jensen seconded by Brander to refer this matter to the financial ...consultant and City attorney to review the Equine Business financial statement as to the liability of .the organization and the possibility of annexation of this area and instruct the financial consultant to give his opinion as to what the financial impact on the community wll'be and what Lakeville's financial responsibilities wi11 be:. Emond, Clarkson, Brander, Mako and Jensen "aye", motion carried. Motion by,Mako to follow the recommendation of-the Planning Commission re plats' in Lake Marion Watershed .was withdrawn. 7~+•3~7 Motion by Mako seconded by Clarkson that the engineer return with the estimated cost of a feasibility study for running trunk sewer and water to Lakeville Hills. 74:.368 Motion by Clarkson seconded by Mako to .:amend motion 74.367 that the cost of running trunk sewer and water to the Orchard Lake area also be included:. Clarkson, Brander, Mako, Jensen and Emond "aye", motion carried. Roll ea11 was then taken on motion 74.367 which is as follows: Brander, Mako, Jensen, Emond and Clarkson "aye", motionearried. 7.369 Motion by Mako seconded by Clarkson to table the Planning Commission recommendation re plats in Lake Marion :Watershed until after a decision is made on a storm sewer study. Mako, Jensen, Emond, Clarkson and Brander "aye", motion carried. Discussion on the Rubbish Ordinance 'was postponed until Aug. 5. The Liquor Ordinance with `corrections was discussed. 74.370 Motion by Clarkson seconded by Brander to set a specialmeeting-for July 22 at 8:00 PM. to have a hearing on the proposed: Liquor Ordinance. Jensen, Ea~nd, Clarkson, Brander and Mako "aye", motion carried. Mr. Robinette presenteda'letter to the Council with his proposed shade-tree disease. program for..1974• 74.371 Motion by Mako seconded by Emond to adopt the proposed shade-tree disease program for 197+ as presented by_Mr. Robinette. Eanond, Clarkson,_Brandes, Mako and Jensen "aye", motion carried. 74.372.. Moton,by Mako seconded by Brander to authorize the Public Works Director to purchase two radios fore the trucks. Clarkson, Brander, Mako, Jensen and Etm~d „aye„ ~ motion. carried. 7+.373 Motion by Mako seconded by Clarkson. that the reeomanendation for heavy .equipment operator's pay be brought. up at tb.e time 'of salary discussions. Brander, Mako, Jensen, Emond and Clarkson "aye,',: motion carried. 74.37+ Motion by Mako seconded by IInond to correct motion 7+.313 to read that the Federal Revenue Sharing funds of $42,868.00 will be used. to pay for Antler's Park. Mako, 3ensen, Emond, Clarkson and Brander "aye", motion-carried. 74.375 Motion by Emond seconded by Clarkson to transfer $2,251.10 from Revenue Sharing account to the General Fund to pay for the new truck. Jensen,: Emond, Clarkson,.Brandes and Mako "aye", moton`carried. 74.376 Motion by Clarkson seconded by Emond to transfer $15,OOfl.00 from the Federal` Revenue Sharing funds to the General Fund for future purchase of a fire. truck. Ert~nd, Clarkson, Brander, Mako and Jensen "aye,", motion: carried. 74.377 Motion by Emond seconded_by Clarkson to transfer $35,000 for feature building fund andfire truck purchase to a new aceount`Capital Improvements: Fund:.. Clarkson, Brander, Mako, Jensen and Emond "aye", motion .carried. 74.378 Motion by Clarkson seconded by Brander to authorze'Mr. Mako o cah a;meetng with some of the surrounding communities in regaacd to Metro Cable TV,-.Inc. Brander, Mako, Jensen, IInond and Clarkson "aye", motion carried. Motion by Emond seconded by Clarkson to ad,~ourn carried unanimously. Respectfully submitted, .CLERK