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05-06-74
1 t ,x e CITY OF ~.nx~r-rt_r.F COUNCIL MEF`.t'ING MAY 6, 197+ The meeting was called to order at 8:00 P.M. by Mayor Jensen. Flag pledge followed. Present, Brander, Jensen, Emond and Clarkson. Absent; Mako. Also present; Robert Fri.gaard, City Engineer and Pat Farrell, City Attorney. 7.217 Motion by Brander seconded by Emond to accept the minutes of the April l5, 197+ meeting as corrected. Brander, Jensen, H~nond`and Clarkson "aye", motion carried. 74.218 .Motion by Clarkson seconded by Brander to pay the claims against the City. Jensen, Emond, Clarkson and Brander "aye", motion carried. _ 74.219 Motion by Emond seconded by Ciarlcson to pay the claims against the Liquor Store. N~ucrnd, Clarkson, Brander and Jensen "aye", motion carried. Mayor Jensen presented Greg aroae with his Seargeant's badge. Mr. Mako arrived at 8:07 P.M. Mr. Radermacher presented a letter to the Council i.n which he recomaaendr that :,both sides of 35W service Road at the "Fishing Bridge" be fenced and "no parking or stopping at ata~r time" signs be posted. The COUnci.1 felt that this i.s a good idea in view. of the fact that there has been so fatal accidents at this spot. 74.220 Motion by Emond seconded by Clarkson that the Council Supports Mr. Radermacher's recommendation to fence the 35W Service Lane at the "Fishing Bridge" and to post "no parking or stopping at arty time" signs .and to forward Mr. Radermacher's letters to the state. Clarkson, Brander, Jensen and Et~ond "aye", Mako opposed, mention carried. The Water and Sewer minutes for April 9 and the combined minutes of the special meeting of Council, PlA Commission, Park and Rec and Water and Sewer Committees were presented. 74.221 Motion by Clarkson seconded by Mako to follow the combined eommi.ttees recommendation and accept the riew meeting schedule, copy attached. Brander, Mako, Jensen, Esaond and Clarkson "ape", motion carried. A letter of appli.cati.on for taking the minutes for all the committees was submitted. by Margaret Klotz. 74.222 Motion by Mako seconded by Clarkson to extend Margaret Klotz' secretarial functions to the other. two committees. Mako, Jensen, Emond, Clarkson and Brander "aye", motion carried. The Plaru3.i.ng Commission minutes for April 11 and April 25 were presented. 74.223 Motion by Mako seconded by Brander to follow the Planning Commission recommendation and grant Disk's Saai.tation a special use permit for 1000 gallon underground storage tank for gasoline at his home mn 215th St.subject to the Mis:n.State. Fire and. Electrical Code and the Building Inspector's approval.. Jensen, Emond, Clarkson, Brander and Makca "aye", motion carried. 74.224 Motion by Emond seconded by Mako to follow the Planning Commission recommendation and approve the final plat of Logarto 2nd Addition. E~nond, Clarkson, Brander,. Mako and Jensen "aye", motion. carried. 74.225 Motion by Mako aeeonded by Clarkson to table the approval of Four Star plat until the 13th of May at 8:20 P.M. Clarkson, Brander, Mako, Jensen and Emond "aye", motion carried. 74.226 Motion by Mako seconded by Brander to approve the plans and specs for the water and sewer extensions to Four Star Corporation plat. Brander, Mako, Jensen, Etaond and Clarkson .,'aye", motion carried. Mr. Leonard Gephart appeared fiA ask~for a building permit to add fiA....the warehouse along the tracks. Mr. Farrell feels that a rezoning is required before a building permit can be granted. 74.227 Motion by Emond seconded by Clarkson to deny this request for a building permit to add on to the Gephart warehouse on the grounds that this property is not ~1) ~ ~ . CITY OF TAKEVILLE COUNCIL MEETING MAY 6, 197 zoned properly. Mako, Jensen,..E~mond, Clarkson and Brandes "aye",.motion carried. 7+.228 .Motion b9' Emond seconded by Mako tc> follow the Planning Commission recommendation and grant Admiral Wood Products a building permit to add on to their building on the corner of 35W Service Lane and 162nd St. Jens@n, F.mond, Clarkson, Brander and Mako "ay@", motion carried. The Park and Recreation ani.rnxtes for April 2~ w@re pres@nt@d. 74.229 Motion by Emond seconded b8 Clarkson to appoint Jason LaMont and James Ballinger to the Park 8c Recreation Commute@. gaond, Clarkson, Brander, Mako and J@nsea "aye", motion carried. 74.230 Motion bq Clarkson seconded by Brander to authorize the Public Works Dir@etor to obtain bids on a snow blower and a sign machine. Clarkson, Brander, Mako, Jensen and Emend "ay@", motion carried. A letter was pr@sented to the Council in which the City Attorney advised th@ council that the Mp1s., N. & S' R. R. should have a variance permit and s conditional use .permit to erect their radio. tower. Mr. Farrell felt that the two permits should be considered at the same time. The variance hearing was the only one that had been heard by the Planning Commission. 74.231 Motion by Mako seconded by Clarkson to adopt a resolution to instruct the Mp1s., N. & S. R. R. to remove this tower, copy of resolution attached. Mak© and Clarkson "ay@", Brander, Jensen and Emend opposed, motion failed. The railroad representative explained that the tower had been built at this location because of the available electric power. Mayor Jensen felt that the action of the above resolution was too drastic and although he does not support this particular site for the tower, he feels that a hearing should be held .first. 74.232 Motion by Jensen seconded by Brander to allow this tower to stand until the proper hearings. have b@@n held by the Planning Commission and the Council. will then hear the request for a variance to height of tower and a conditional use .permit. Mako, Jensen, ~7mond, Clarkson and Brander "aye", motion carried. Mr. Farrell said that the Council should obtain a letter from the railroad that states the following: l- that the tower is not presently operable and 2.-.that th@ railroad will not place the tower in operation until such time_as the proper hearings have. been held. The discussion on the r@zoning request of Central Telephone Company was reopehed. J©el Haglund of the Planning Commission explained the reasons the Commission had d@nied the rezoning. A letter with these reasons is attached. Mr. Coa of the telephone company said that th@y .felt this location is necessary so that they will be able to service the large area they cover. 74.233 M©tion by Mako second@d by Clarksog to deny the r@zcning request of C@ntral Telephone Company for th@ following .reasons: 1- the area to be r@zon@d is presently residential land and 2.-to rezone any portion may open the doors for rezoning of all the .land. 74.234 Motion by F.mond seconded bar Clarkson to amend the above motion to include all the reasons this rezoning should be denied as recommended by the Citg Attorney in the attached resolution. Jensen, Emend, Clarkson, Branded and Mako "aye", motion carried. .Roll call .was then taken on motion 74.233 which is as follows E'7aond, Clarkson, Brander, Mako and Jensen "aye", motion carried. Mr. Cox requested that a copy of this resolution b@ sent to Central's Farmington office by certified mail. Mr. David Martin of Valley Park appeared regarding his request for a curfew ordinance. The police committee reported they had met with the chief of police and it is tie opinion that this ordinance is not necessary. Mr. Leonard Bentson spoke against an ordinance for curfew. 7+•235. Motion by Clarkson second@d by Brander to adopt the "Resolution Considering. ATeed for Curfew Ordinance" and the determination that a curfew is not ~2) CITY- OF LAI~EttILLE C©IINCIL N1EE'TING MAY 6, 1974 neceeeazq. Clarkson, Brandes,_Makc>, Jensen. and Esmond "aye", motion carried. The Public Works Director presented a plan for. improving the two lots in Lakeville Hills.. He said the cost would be about ~3© per hour for eight hours. 74.236 Motion bq Jensen seconded by Clarkson to authorize the Public `Works Irreetor to proved as per hie recommendation on there 2 lotr in Lakeville Hills. Brander, Jensen, EEncand and Clarkson "aye", Mako opposed, motion carried. 7+.237 Motion by Mako seconded hY E~ond to adopt the resolution as presented that the City nceepts the responsibility for 9ntler's Park and h©lds Mr. Bentson harmless, reaction attached. Mako,.Jensen, end, Clarkson and Brander "aye,', motion carried. seconded by Jensen 74.23$ `Motion by fond/to grant Leibfried Construction Co., Inc. an excavating permit with the stipulation that Flagstaff avenue is put back in shape and that the maintananee department is reimbursed for ariy inconvenience t~iat is caused . by the trucks... Jensen, Eabond, Clarkson and Brander "aye", Mako opposed, motion carried. 74.23$ Motion by Emend seconded. by Mako to accept the petition for the closing of an alley as described on the attached petition and signed by John B. Eaggren, Michael Larkin for the First National Back of Lakeville and Leonard Gephart for Gepharts, Inc. E~nond, Clarkson, Brander, Mako and Jensen "aye", moti®n carried. 74.244 Lotion by Emend seconded by Mako to set a hearing date for the closing of the alley for 8:30 P.M. en the 20th day of May, 1974. Clarkson, Brandcs, Mako, Jensen and.E~ond "aye",-motion carried. 74.241 Motion by ~nond seconded by Brander tc+ acknowledge receipt of the petition for curbing and gutter..for 207th St. W., copy attached. Brander, Jensen, ' Emend and Clarkson "ayes', Mako abstained, motion carried.... etition of 74.242 Motive by Emend reconded>by Brandes to acknowledge receipt of,/nproperty ewners ©Pposed t4 the installation of curb and gutter on 207th St. W., copy attached. Jensen, mnond, Clarkson and Brander "aye", Mako abstained, motion carried..... Mr. Mako removed himselY from the Council table so that he could voice his opinion as a concerned citizen. He felt that all the residents had not been contacted andthat a hearing would give all perron$ interested a chance to be heard.' 74.243 Motion by IInond seconded by Brander to authorize the engineer to prepare a feasibility study for the installation of curb and gutter from Hollins tc> Hershey Avenue on 207th St. W. Jensen, E,moncl, Clarkson and Brander "aye", mot7.on Carded. 74.24 Motion by Mako seconded by Clarkson to instruct the Park and Recreati©n Committee to e s study..of the Lakeville. Trail eyrtem and present a plan by late .September and to use the City...Planner for this study. Eawnd,?`Clarkson, Brander, Mako and Jensen s'at'e?', motion carried. 74.245 Motion. by Mako eeconded by Clarkson to adopt 'the resolution regarding the redistricting of Lakeville, etc, copy attached., Clarkson, Brander, Mako, Jensen and Emend "aye"', motion .carried. 74.26 Motion by Clarkson seconded by Edmond to authorize the Public Works Director to obtain quotations for the purchase of a ~ ton pickup truck. Brander, Mako, Jensen, Fmond and Clarkson "aye", motion carried. 74.247 Motion by Emond seconded by Brander to authorize the Public Works Director •to advertise for lifeguards. Mako, Jensen, Ea~nd, Clarkson and $randes "aye?', motion_earried. 74.248 Motion by Clarkson seconded by Brander to authorize the Public Works Director to have the drainage ditches ?-n Valley Park. seeded as necessary and to send a claim for the edst of seed and labor tc~ the bonding company far- Vern ~nnay. Jensen, Emend, 'Clarkson, Brander and Mako "'aye,', motion carried. 74.249 Motion by Jensen seconded by Mako to approve the on sale beer license for the Lakeville Softball Association rub3eet t<> the proper. insurance papers being received.. Emend, Clarkson, Brander, Make acid Jensenr'aye",.motion carried. (3) i i ' CITY CF LAKEVILLE CQUATCIL T'!~'1'ING . , Mt~Y 6, 1974 74.250 Motion by Clarkror seconded by Mako that the Citg`of Lakeville will permit a franchise ®f °Golden Gloves for use within the City. Clarkson, Brat~des, Mako, Jensen and Emond "aye", motion carried. 74.251 Motion by Clarkson seconded by Brander to approve the plans and specs for Highview.Averue and to authorize the attorneg and engineer to obtain easements and right-of-way for this project. Brander, Mako, Jensen, ~nond aad Clarkson "aye", motioa carried. 74.252 Motion by Clarkson seconded bg Brander to approve the plans and specs for water and sewer extensions for proeject #7~.3 and set the 313th of May at 2:tiC P.M. as bid. letting date. Mako, Jensen, Emord, Clarkson and Brander "age", motion .carried. 74.253 Motion bg Mako recorded Clarkson to authorize the Public Works Director to go to the meeting regarding tree diseases which is being held at the State Capitol. Jensen, Emond, Clarkson, Brander and Mako "age", ~tior carried. ` Motion by Jensen seconded by Emond to adjourn carried unanimously. Respeetfullg rubmi.tted, CITY CLERK ~R