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11-20-72
~ VILLAGE OF LAY~EVIUNCIL MEETIldG NOVEMBER 20,.1972 The meeting was. called to order by Mayor Jensen: at 8 P.M. Flag pledge followed. Present; Clay, Jensen, Sullivan and Emond. Absent; Fredges. Also present; Pat Fawell, Village Attorney and Robert Frigaard, Village Engineer. 72.723. Motion by Emond seconded by Sullivan to accept the minutes of the November 13 1972, meeting as .read. Clay, Jensen,:Sullivma. and Emond "aYe", motion carried. 72.72+ Mootion by Elnond aeconded by Clay to pay the claims against the Liquor Store. cheek .numbers x+615-x+666 and 7~+6-77~+) ....:Jensen.,.. Sullivan, Emond and Clay ".aye", motion carried. 72.725 Motion by Sullivan seconded by Clay to pay the bi11s against the Village. (check numbers 8956-8909 8913-9063 and 657-686) Sullivan, Emond Clay and Jensen "aye", motion .carried. The Water and Sewer minutes for Nov. 1, 1972, wars: presented. :72.726 Motion by Emond seconded by Clay-to follow the Water and Sewer: recommendation and adopt. the uniform sewer rates .for the entire Vills.ge using the rate schedule of downtown Lakev~.lle. ...This to become effective October 1, 1972. Emond, Clay, Jensen and .Sullivan "aye", motion carried. The Planning Commission minutes for N©v. 9, 1972,. were presented. 72.727 Motion by Sullivan seconded by Emond to follow the Planning Commission recommendation and. grant Freeway Earley=»Dsv3.d~on a variance to the height of sign an the following described'property; corner of ,County Road nr. ~6 anal 35w Service Lane, See. 1 '114, RZ1W. Sign tc~ be ~5 feet tall. Jensen, Sullivan, Emond ++aye+~~ C1ay opposed, motion carried. 72.728 Motion by Emond seconded by Cl$y to reconsider motion #72.699 regarding Wildwoad Ponds and reschedule this matter for the lst meeting December. Jensen, Sullivan,. Emond and Clay "aye",.motion carried. Mr. Sam Lien: of the Sndustrial Commission presented a letter which is attached in re a request from Laminated Pr©ducts, Inc. for industrial revenue bonding:. Warren Preeshl of Mi11er & Schroederexplained how these bonds are sold and the rents collected. More information will be presented at -the next meeting of the couaQil.' The population of property annexed to Farmington must be determined and a hearing is being held November 30, 1972, in Farmington by the .Municipal Commi.asion. 72.729 Motion by Emond seconded by Jensen to authorize the Village attorney to be present at the. hearing in Farmington on Nov~tber 30. Sullivan, Emond, Clay :and Jensen."aye", motion c€~rried. 72.730 Motion by Jensen seconded. by Emond,to accept bids on the. accounting machine until 8s30 PM, on December ll, 1972. Emond, Clay, Jensen and Sullivan "aye", motioncarri~d. 72.731 Motion by Clay seconded by_Sullivan to approve the plans and specs for the accounting machine. Clay,. Jensen, Sullivan and Emond "aye", motion Qarri~d. 72.732 Motion by Sullivan seconded by Emond to approve the. list of election judges. Copy Attached. Jensen, Sullivan, Emond and Clay "aye", motion carried. 72.733 Motion by Ernond seconded by Jensen to apprQVe°:dark green as the color for the Park and Recreation truck. Emond, Clay and Jensen pays", Sullivan o~>posed, motion carried. `The hearing on the request for the vacation of the alley behind Gephart's store was reopened. Mr. Jensen advised that the applicant's attorney in not able to attend. Mr. Van Valkenburg presented an affidavit of a traffic and pedestrian count in this a11ey made by Mr. Sorenson. Other interested persons present were: Mrs.-Amelia Saucer, Miss Gladys Kinn and Mr. Ken Larson.. 72.734 Motion by Clay seconded by Jensen to continue this hearing until the 11th of December at 9 P.M. Emond, Clay, Jensen and Sullivan "ape", motion parried. (l) VILLAGE OF LAKCV'ILL~UAtCIL MEETING NflVE@+lBER 2fl, 1972 72.735 Motion by Clay seconded by Jensen to have the clerk notify the Peoples Gas Co. to cease and desist digging until a permit has been approved pending proceedings regarding the alley. Clay,. 3ensen, Sullivan and E~ond "aye", motion carried. Resurfacing of Glenn Addition was discussed. Mr. Frigaard will bring an~ ad,~ustment to his plans and epees to reflect Village participation in this project. Mx. Farrell will bring in some information for an underground wiring ordinance the first week in December. 72.736 Motion by Ciay seconded by Sullivan to allow Gene Jacobsen to draw up the Plata of Airlake 2sd and 3rd Addition at lOfl scale instead of the 2flfl scale. Jensen, Sulliro~an, Emond and Clay "aye", motion carried. Michael Edwards. presented a petition from the Valley Park residents requesting that the Lakeville postoffice service their area. 72.737 Motion by Emond seconded by Clay to accept the petition from the Valley Park residents and forward this petition with a cover letter to the poatmaster. Sullivan, Fhiond, Clay and Jensen "aye", motion carried. 72.738 Motion by Clay seconded bg Emond',resolved that the Council supports the efforts of the Valley Park residents to have the Lakeville postoffice service that area. Resolution to be prepared by;the Village attorney. Emond, Clay, Jensen and Sullivan "aye", motion carried. 72.739 Motion by Eanond seconded by Clay to authorize the engineer to review the storage room in the new maintenance building for a door into the main building and. to bring back a recommendation. Clay, Jensen, Sullivan and Emond "aye", motion carried, 72.7+0 Motion by Emond seconded by Jensen to approve the liquor licenses and beer license for the Chart House subject to the insurance. Jensen, Sullivan, Emond and Clay "aye", motion carried. 72.71 Motion by Emond seconded by Sullivan to approve. the use of purchase orders for any item over ~5fl for ail departments except the liquor store. Sullivan, Emond, Clay and Jensen "aye", motion carried. 72.7+2 Motion by Jensen seconded by Clay to authorize the clerk and attorney to attend the meetings on Federal Revenue Sharing on Tpesday, Nov. 21, 1972. Emond, Clay, Jensen and Sullivan "aye", motion carried. 72.7+3 Motion by Emond seconded by Sullivan to authorize the use of extra help as much as needed to keep the work up to date, Clay, Jensen, Sullivan and Emond "aye", motion carried, in the clerk's office. 72.7~+~+ Motion by Clay seconded by Jensen to set the bids on gas and oil for the 11th of December. These bids will be for 1973. Jensen, Sullivan, Emond and Clay "aye", motion carried. Motion by Sullivan seconded by Emond to adjourn carried unanimously. Respectfully submitted, .vim CLERK ~ OR t i • ! . ~ STATE OF MINNESOTA VILLAGE COUNCIL Village of Lakeville COUNTY OF HENNEPIN RE : Petition of Gephart u Bros. , and others to vacate alley adjacent to Lots 3 and 8 i'n Block I, :In Berres Addition, A F F I D A V I T and Lots I , 2 , 3 , 4 , 5 , and 10 In Block 13 , and Lots 1, 2 and 3 in Block I, all in Berres Addition, and Lots 9, 8, 7, 6 and 11 in Block 13 , and Lots I 0 , 9 and 8 of Block 1, all in Berres Addition, STATE. OF MINNESOTA ss COUNTY OF DAKOTA ) ANGUS E, SORENSEN, being duly sworn on oath, deposes and says that he is the owner of Lot I, Block I, Berres Addition, and Lot 1©, Block I3, Berres Addition in Lakeville, That said lots adjoin each other and each are 30 feet i'n width, That both of said lots are improved by store buildings erected thereon, and that both of said buildings are constructed so that deliveries. may be made from and to the rear entranee rather than from the front entrances facing on Main Street,. That both of said buildings are constructed so that there is approxi- mately 48 feet on the rear unimproved, so that trucks may enter to deliver and not block the 2 0 foot alleyway at the east end of said Lots , That the building constructed. on Lot I, Block I, Berres Addition is occupied by First Federal Savings & Loan Association of St~ Paul, under lease; and Lot Ip, Block I3, is occupied by an appliance company, and that as to both of said units , the rear end of the stores 1s constructed for storage space That both of said. lots face Main Street and are between 2 07th Street and 2 08th Street, ~~the main business block of the Village . • ~ That said alley way has been maintained for at least seventy (70) years , to the knowledge of your affiant, and has been maintained, blacktop~ped, and kept free of snow by the Village of Lakeville . That affiant is advised that if said alleyway be vacated several persons residing in home units on the easterly side of said alley way, wlll be unable to use their garages as they will have no means of access thereto. That if there is any benefit from the vacation of said alley way for Gephart Brothers, such benefit is minimal, but the damage to affiant and the home owning objectors will be sub- stantial, economically.. That at the request of affiant's attorney, affiant spent four hours on Nova er 16th, and four hours on November 17th , 1972 , making a traffic count on the use of said alley. That on each of said four hour intervals , i'n excess of 22 trucks entered and used the alley way from the south and from the north, making an excess of 40 trucks each day. That during a portion of this time the alley way was blocked from the south so the trucks had to wait or go around and enter from the north beca~ujse of trucks unloading,~apt Enggren Brothers store to the south of affiant's property , ' ~''1 i7~fZ fG~l 1~~ ~ ~ -ham ~ Thant durin said traffic chec ~ ~ ~ g , of cant observed many bicycles riding down the alley rather than using Main Street with its traffic hazards That in addition thereto, affiant observed several pedestrians walking down the alley way. Affiant states that during the period of time that said alley way has been maintained by the Village, both past and at the present time , the maintenance thereof has served a public purpose, benefiting not only the property owners abutting said alley way, but has been a defin.Ite benefit to the public and others using said _2. alley way for business purposes and for access to private dwellings abutting said alley way. That this affidavit is made and filed with the Village to give evidence as to the use of said alley way and to respectfully request the Village to deny the petition for vacation . J;, An s Sorensen Subscribed and sworn to before me this 20th day of,,,No,,v~ember, 1972. MM ~ -3-