HomeMy WebLinkAbout03-17-03t
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CITY OF LAKEVILLE COUNCIL MEETING
MARCH 17, 2003
A complete videotape of the City Council proceedings
is retained for one year
Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of
allegiance to the flag was given.
Roll call was taken. Present:- Council Members Bellows, Luick, Rieb, Wulff
and Mayor Johnson.
Also present: R. Erickson, City Administrator; R. Knutson, City Attorney; K.
Nelson, City Engineer; D. Olson, Community & Economic Development
Director; D. Morey, Planning Director; D. Feller, Finance Director; S.
Michaud, Parks & Recreation Director; D. Martens, Chief of Police; J.
Hawkins, Deputy Clerk.
MINUTES
The minutes of the March 3, 2003, City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
Attorney.• City Attorney Roger Knutson requested that under New Business,
City Council consideration of a resolution authorizing condemnation of
property for drainage and utility easement purposes be added to the
agenda.
Engineer.• None
Administrator.• City Administrator Robert Erickson stated that under Item
#14, Council has received and will be asked to approve a modified and
expanded resolution, which includes additional authorization for issuance
and sale of General Obligation Certificates of Indebtedness.
Parks & Recreation Director.• Parks and Recreation Director Steve Michaud
presented the 2002 Annual Report of the Parks & Recreation Department.
Mr. Michaud highlighted programs and department accomplishments and
thanked the members of the four advisory groups who work with the Parks
Lakeville City Council Minutes; March 17, 2003
and Recreation Department, as well as the Mayor and City Council
members for their ongoing support.
Chief of Po/ice: Chief Martens presented the February Police Department
monthly report. City Administrator Bob Erickson stated that MnDOT has
informed the City that signals have been approved for the I-35/County
Road 46 interchange area.
PRESENTATIONS/INTRODUCTIONS
Introduction of Fire ChiefAl Braun
City Administrator Bob Erickson introduced new Fire Chief, AI Braun. Mr.
Braun is a 20-year veteran of the Lakeville Fire Department who has served
in several officer capacities.
Lakeville Area Historical Society Annual Report
Tolly Swan, Lakeville Area Historical Society. president, presented the
Historical Society's 2002 Annual Report. The report has been submitted to
the State Historical Society as well as the Dakota County Historical Society.
Ms. Swan highlighted projects and displays completed by the Society in
2002. She thanked the City, on behalf of the Historical Society, for
providing a home for their organization at the former All Saints rectory, and
to Public Information Coordinator Lea Guenther for her knowledge and
professionalism. Mayor Johnson thanked Ms. Swan and other. members of
the board for their commitment.
CITIZENS' COMMENTS None.
CONSENT AGENDA
Council Member Wulff asked that Item 7s be removed from the consent
agenda to be considered separately.
03.25 Motion was .made by Luick, seconded by Bellows to approve the consent
agenda items as follows:
a. .Claims for payment.
b. February Investment Report.
c. Receive minutes of the following advisory committee meetings:
^ Planning Commission, March 6, 2003
^ Lakeville Area Arts Center Board, March 6, 2003
^ Parks, Recreation and Natural Resources Committee, March 5,
• 2003
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Lakeville City Council Minutes; March 17, 2003
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^ Economic Development Commission, February 25, 2003
d. Gambling permit for All Saints Church to conduct a raffle on Sunday,
May 11, 2003.
e. Lease Agreement with Siemon Implement, Inc.. for mowing.
equipment.
f. Gambling permit for Kidforce to hold a Family Bingo Night on May 2,
2003 at Christina Huddleston Elementary School
g. Final acceptance of utility and street improvements, The Oaks of
Lakevilla.
h. Resolution No. 03-44 approving plans and specifications and setting
a bid date for 2003 sealcoating, District 2A1, concrete curb & gutter
and miscellaneous pavement repairs, Improvement Project 03-04.
i. Renewal of tree service operator licenses for Outdoor Specialties and
Valley Tree Service.
j. Resolution No. 03-45 authorizing weight restrictions on city streets.
k. Ordinance No. 728 amending Title 8, Chapter 2 of the Lakeville City
Code concerning explosives.
I. Resolution No. 03-46 amending the 2003 Schedule of Fees to include
an explosives permit fee.
m. Three-year extension of a special home occupation permit to allow
the operation of a massage therapy business at 17071 Everest Path.
n. Special home occupation permit to allow the operation of a massage
therapy business at 18097 Jacquard Path.
o. Certificate of Correction to the Springbrook plat.
p. Gambling permit for the Dakota County Deputy Sheriff's Association
to hold a raffle at the Super 8 Motel on May 4-6, 2003.
q. Appointment of Steven Gehrke to the Economic Development
Commission for a term expiring on 12/31/04.
r. Agreements with Paul Strande and Don Tannahill, golf lesson
instructors.
Roll call was taken on the motion: Ayes: Bellows, Johnson, Wulff, Rieb,
Luick.
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Lakeville City Council Minutes; March Y7, 2003
03.26 Motion was made by Rieb, seconded by Luick, to approve Item 7s, a
temporary on-sale liquor license for the Lakeville Rotary Club to allow the
sale of wine and beer at the Lakeville Area Arts Center on May 1, 2003.
Roll call was taken on the motion: Ayes: Johnson, Rieb, Luick, Bellows.
Council Member Wulff abstained in order to avoid the appearance of a
conflict of interest.
ITEM #8
Community and Economic Development Director Dave Olson presented the
Economic Development 2002 Annual Report and Strategic Plan Work
Program for 2003. The mission statement states that, "The EDC is
committed to innovative economic growth which enhances. the. quality of
life and provides balance to the business and. residential community."
The 2002-2004 Strategic Plan for Economic Development was approved by
the City Council in December, 2001 for the purpose of guiding economic
development in the City of Lakeville. Mr. Olson highlighted several areas
where goals have been achieved. The goal of informing and educating the
public on the importance of economic development was pursued through a
feature article in the Mp/s St.Pau/magazine, 19 businesses being featured.
in "Spotlight on Business" at the Council .meetings, and the Partners in
Progress program with Dakota Electric Association. Other goals and
accomplishments of the 2002 work plan were also highlighted, including
building relationships with the Lakeville School District and Dakota County
Technical College, as well as businesses. In addition, Lakeville became the
second city in the metro area to receive the E-Commerce certification. The
Economic Development Commission has reviewed and discussed the 2003
Strategic Work Program and Mr. Olson highlighted objectives that have
been set for 2003.
Mr. Olson introduced EDC Vice Chair Barry Pogatchnik who stated. that it is
the objective of the Commission to have an aggressive plan in place to
draw businesses to the community and assist them with growth. He
thanked staff and Council for their support in helping the EDC to achieve
their goals.
03.27 Motion was made by Luick, seconded by Wulff, to accept the Economic
Development 2002 Annual Report and Strategic Plan Work Program for
2003.
Roll call was taken on the motion: Ayes: Johnson, Wulff, Rieb, Luick,
Bellows.
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Lakevi/le City Council Minutes: March 17, 2003
ITEM #9
Lonnie Smith, Director of Business Services, briefed the Council on five ISD
#194 projects for which a conditional use permit is being requested. Joel
Dunning from Wold Architects was also present. Planning Director Daryl
Morey explained that processing all five site-improvement projects with one
Conditional Use Permit amendment application and one public hearing.
would avoid duplication of administrative efforts. The projects include:..
• Kenwood Trail Jr. High:. remodeling changes to the loading dock area
and a 1,100 square foot building addition;
• Orchard Lake Elementary: 125 square foot addition for a new
principal's office and moving the front entrance;
• Christina Huddleston Elementary: parking lot expansion for 37 new
parking spaces;
• JFK Elem./McGuire Jr. High: parking expansion in three areas, for a
total of 34 additional spaces; and
• Crystal Lake Elementary: driveway modification to improve egress onto
Ipava Avenue.
A public hearing was held on February 20, 2003 and continued to March 6,
2003, with no public comments. The Planning Commission is
recommending approval of the conditional use permit amendment
application subject to two stipulations in the planners report.
Council Member Wulff thanked ISD #194 for addressing the parking needs
at several sites.
03.28 Motion was made by Rieb, seconded by Bellows, to approve the conditional
use permit for Independent School District i94 to allow site improvements
at Christina Huddleston Elementary School, Crystal Lake Elementary School,:
JFK Elementary/McGuire Jr. High School, Orchard Lake Elementary School,
and Kenwood Trail Jr. High School, subject to adoption of the Findings of
Fact and Stipulations as approved by the Planning Commission.
Roll call was taken on the motion: Ayes: Wulff, Rieb, Luick, Bellows,
Johnson..
ITEM #10
Parks and Recreation. Director Steve Michaud stated .that Klamath Trailway
Phase III is the final leg of a multi-phase trailway project and will complete
the trail from Orchard Lake Elementary School to County Road 5. In
January 2002, SRF completed a feasibility study and estimated the cost of
the project to be $250,582. Additional planning, engineering, legal, and
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Lakeville City Council Minutes: March Y7, 2003
administrative costs and construction easements brought the anticipated.
budget to $358,285. Other additional improvements including burying
electrical lines and trail lighting ultimately raised the cost estimate to
$418,243. Ten bids were received and opened on March 4, 2003. At
$280,064.95, the bid submitted by Friedges Landscaping, Inc. was
considerably less than expected. In addition to the favorable bids, the
Parks and Recreation Dept. was successful in securing a $90,000 grant
- from the State of Minnesota due to the regional significance of this trail
connection.. Mr. Michaud commented on the cooperation from the school
district, Trinity Evangelical Church and other project neighbors. Funding. for
the project is included in the park dedication fund CIP.
Mayor Johnson congratulated Mr. Michaud on securing the grant for this
trail and stated that it will be excellent to have the project completed.
Council Member Bellows asked what the anticipated completion date is for
the project. Mr. Michaud stated it would be mid to late summer.
03.29 Motion was made by Bellows, seconded by Wulff, to approve Resolution
No. 03-47 receiving bids and awarding contract for Klamath Trail Phase III,
Improvement Project 01-09, to Friedges Landscaping, Inc. in the amount. of
$280,064.95; to authorize the Mayor and City Clerk to sign the temporary
construction easements with property owners adjacent to this project and
authorize associated compensation; to approve the permanent trail
.easement with Independent School District #194; and to authorize Dakota
Electric to relocate overhead utility lines and install trail and crosswalk
lighting.
Roll call was taken on the motion: Ayes: Rieb, Luick, Bellows, Johnson,
Wulff.
ITEM #11
Parks and Recreation Director Steve Michaud stated that a majority of
Lakeville's park system has been acquired and developed with .the use of
park dedication funds. The Parks, Recreation. and Natural Resources
Committee has recently reviewed the park dedication ordinance and
compared it to other metropolitan communities, and is recommending an
increase in park dedication. fees for single-family and multi-family residential
dwelling units. The long-range park planning tool, the Comprehensive Park
Plan, was approved by the City Council and determines the need for land as
development occurs. The City Council has authorized the acquisition of
10% of gross land in lieu of cash for park dedication. The City Attorney is
recommending the City consider using actual undeveloped residential land
values to establish park dedication fees. The Parks, Recreation and Natural
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Lakeville City Council Minutes; March 17, 2003
Resources Committee is recommending that the City Council establish
values of $50,000 (X 10% divided by 2.5 dwelling units per acre = $2,000)
for single-family residential property and $60,000 (X 10% divided by 3.5
dwelling units per acre = $1,714) for multi-family residential property.
Mayor Johnson commended the Parks, Recreation and Natural Resources
Committee for maintaining the park dedication fees competitively within the
range of neighboring cities and stated that increasing fees is necessary to
continue to develop the City's park system.
03.30 Motion was made by Luick, seconded by Wulff,. to approve Ordinance No.
729 amending Title 10, Chapter 4 of the Lakeville City Code increasing
residential park dedication fees to $2,000 per single-family dwelling unit
and $1,714 per multi-family dwelling unit.
Roll call was taken on the motion: Ayes:. Luick, Bellows, Johnson, Wulff,
Rieb.
ITEM #12
Planning Director Daryl Morey stated that the Planning Commission and.
staff are recommending Phase I of the amendments to the .Zoning,
f Subdivision and Sign Ordinances as part of the Zoning Ordinance Update
review process directed by the City Council. Eight Planning Commission
work sessions were held since January to review several Phase I issues,
which included minor housekeeping items as well as significant revisions.
The process will continue with Phase II, which will include townhouse
performance standards, outdoor sales and display for motor fuel facilities
and other issues. The Planning Commission held a public hearing on March
6, 2003 and recommended approval of the ordinance amendments as
noted. No public comments were received. Approved changes will be
incorporated into the Zoning, Subdivision and Sign Ordinance.
Dan Licht of NAC provided an overview of the first phase of ordinance
amendments including additions, revisions and clarifications in the sign
ordinance including increased criteria and allowances for electronic
message boards; incorporation of the Wetland Management Plan into the
Subdivision Ordinance; establishment of criteria for moving buildings into
established developments; and requirements and standards for storm
shelters at all slab-on-grade townhouse developments.
As part of the driveway and parking requirement section of the Zoning
Ordinance the Planning Commission provided an exception for driveway
surfacing requirements in rural service or urban reserve areas and
recommended a requirement for paved driveways to access secondary
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Lakevi//e City Council Minutes: March 17, 2003
buildings in urban service areas. Staff was concerned that interpretation
issues could arise with a change of ownership of the property, creating a
maintenance issue.
Screening and buffer areas along major collector and arterial streets were
addressed and standards were established for plantings and increased
berm requirements. The Planning Commission did not choose to increase
the depth of buffer yard lots or increase the setbacks along major collector
or arterial streets.
The Planning Commission and Planning. Department staff also are
recommending changes in the OR (Office/Residential) Zoning to allow
construction of a new condo/office space product.
Mayor Johnson asked what type of businesses would qualify for electronic
signs. Mr. Licht stated they would be appropriate for businesses such as
gas stations, where information changes often.
Council Member Wulff expressed concerns that sideyard fences adjacent to
major collector and arterial streets could be no more than 42"and 75%
open. Her concern. is that on a busy street, a 42" fence would not
appropriately screen traffic. Mr. Licht stated that the Planning
Commission's recommendation was for the purpose of preserving visual
open space along the fronts of the lot lines and site lines at intersections.
The City Engineer is proposing a 10' setback from all. public rights of way to
maintain drainage and utility easements. Mr. Licht further explained that
under either the existing or the proposed changes only a 42" fence height
with a 75% open would be allowed on a sideyard, essentially trading the
10' setback for the 6' height and protecting visual open space from the.
corner as welt as the street frontage. Council Member Wulff would like to
see the amended language with the higher fence and the setback. Since
the setbacks have been moved back to eliminate the traffic impacts, people
should be able to have the: higher elevation for better privacy and
screening.
City Administrator Erickson asked where else on a properly can residents
have asix-foot fence. Mr. Licht stated that under the proposed changes, a
six-foot fence would be allowed in the .side yard where currently it is not.
Mr. Erickson stated that he could see benefits and drawbacks to allowing a
six-foot privacy fence in the sideyard. The Zoning Enforcement Coordinator
frequently encounters people using asix-foot fence to collect and screen a
variety of unsightly items. A six-foot fence may cure one problem. while
creating other undesirable outcomes. He feels the issue warrants further
consideration by the Planning Commission.
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Lakevi//e City Council Minutes: March 17, 2003
Council Member Wulff commented that on interior lots and on the non-
street side of these corner lots, residents have the opportunity to install a
6-foot fence and accumulate whatever they want. City Administrator
Erickson cautioned that it needs to be well thought out so that six-foot
fences can exist in all situations, in order to avoid areas of one six-foot
fence after another and create a less than aesthetically desirable situation.
It is difficult to maintain six-foot fences in the long term.
Mayor Johnson stated that perhaps there is a way of getting separation
other than a fence, to provide privacy in an aesthetic manner. Council
Member Wulff stated that that was part of the discussion the Planning
Commission has been having. The fences along 175t" Street are an
indication that the residentsdid not feel that their yards were properly
screened by the berm and landscaping installed as part of the subdivision.
The residents felt they needed to take it into their own hands to do
something about it.
City Administrator Bob Erickson stated that it is a very important issue and
is glad it has been brought up. He cited examples along County Road 46 in
which residents have constructed six-foot fences on top of retaining walls.
It was not the intent of the ordinance to allow .people to raise the level of
their yards to build a higher fence.
City Attorney Roger Knutson suggested that Section 22 of the Ordinance be
referred back to the Planning Commission.
Council Member Wulff asked if Section 25 could also be sent back for
further review. Her question is that if a fence or wall is required as part of
subdivision, is it excessive to also require shrubs and trees as a screening
requirement? Council Member Luick agreed that Section 25 should also be
referred back.
03.31 Motion was made by Luick, seconded by Wulff, to refer Sections 22 and 25
of the Zoning, Subdivision and Sign Ordinance amendments back to the
Planning Commission.
Council Member Wulff asked in the driveway portion of the ordinance, what
is the requirement for installing a paved surface to an accessory building.
Mr. Licht stated that if an accessory building were constructed for storage
only and not to accommodate a vehicle, a paved driveway would not be
required. Daryl Morey added that if the building is constructed and the
door sized to hold a passenger vehicle (eight feet), then a paved access
would be required. If the accessory building is constructed .under the
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Lakevi/le Cify Council Minutes: March 17, 2003
premise that it is to be used for storage only, and paving is not required at
i the time it is built, the authority to have the surface paved later would be
- diminished, should it be determined that the property owner, or a
subsequent owner is using the building inappropriately.
Mayor Johnson said he would be reluctant to allow anon-paved driveway
to an accessory building that could accommodate a motor vehicle.
Council Member Wulff stated that in her experience people are concerned
with not being able to have a storage shed without paving up to the door,
especially in the instance of wanting to store a seasonal vehicle. She feels
it would be cost prohibitive and detrimental to have to pave the surface up
to the building. Mayor Johnson stated that the next owner might: not use
the building for the same purpose and it would be difficult after the fact to
require the new owner to pave the driveway. Mr. Licht stated that the
intent of the Planning Commission was to protect against the worst-case
scenario and the Planning Commission was unanimous on the issue.
City Administrator Bob Erickson stated that a large number of accessory
buildings are. being placed on properties in the City of Lakeville. He feels
that because of the economics involved, a hard surface requirement will
generate a better placement and orientation of the building on the lot and
create fewer problems for the neighbors and more appropriate use by
current and future owners.
Roll call was taken on the motion. Ayes: Johnson, Wulff, Rieb, Luick,
Bellows.
03.32 Motion was made by Wulff to send Section 16 back to the Planning
Commission for further discussion.
There was no second on the motion.
03.33 Motion was made by Rieb, seconded by Luick, to approve Ordinance No.
730 amending Title 11 of the Lakeville City Code, the Zoning Ordinance;,
Ordinance No. 731 amending Title 10 of the Lakeville City Code, with the
exception of Sections 22 and 25; the Subdivision Ordinance and Ordinance
No. 732 amending Title 9, Chapter 3 of the Lakeville City Code, the Sign
Ordinance, as presented.
Roll call was taken on the motion: Ayes: Rieb, Luick, Bellows, Johnson...
Nay: Wulff
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Lakeville City Council Minutes: March 17, 2003
• ITEM #13
Planning Director Daryl Morey introduced Planning Commission Chair Lowell
Miller-Stolte, who briefed the Council on the Planning Commission's position
on Ordinance No. 733 temporarily prohibiting approval of certain residential
development. The Planning. Commission is continuing. to review
performance standards for multiple family residential developments,
including comparisons with neighboring communities and input from
developers' review. To allow adequate time to complete updates to the
multiple-family residential performance standards, the Planning Commission
unanimously supports an extension of the moratorium on multiple-family
residential platting.
Planning Director Daryl Morey stated that, as discussed as part of the
previous agenda item, there is more work that will need to be done by staff
and the Planning Commission to update the Zoning Ordinance on the
townhouse and apartment performance standards. Townhomes are
becoming a more popular lifestyle design product, for which developers
have provided a great deal of input. Staff and the Planning Commission
would like the opportunity to continue their review and discussion as part of
Phase II of the Zoning Ordinance Update. The Planning Commission is
recommending that the City Council extend the. current residential plat
moratorium for the RST-2, RM-1, RM-2, RH-1 and RH-2 Districts. The
recommended moratorium extension will not include plats for single-family
residential .housing, but will allow the Planning Commission to complete
performance standards for attached and detached townhouses and
apartments. The moratorium extension is proposed to be for a period of
eight months, until December 15, 2003.
Mr. Morey stated that based on current growth rates there currently exists
approximately a twoto three year supply of single-family lots. and a five to
six year supply of townhouse lots. Council Member Luick asked if when the
moratorium is lifted staff would be dealing with an avalanche of plats. Mr.
Morey stated that the predominant supply of undeveloped land in the MUSH
is zoned RM-1, Medium Density Residential District.
03.34 Motion was made by Luick, seconded by Rieb, to approve Ordinance No.
733 temporarily prohibiting approval of certain residential development.
Roll call. was taken on the motion: Ayes: Rieb, Luick, Bellows, Johnson,
Wulff.
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Lakeville City Council Minutes: March Y7, 2003
ITEM #14
Finance Director Dennis Feller stated that the City of Lakeville has.
historically issued Certificates of Indebtedness to finance the acquisition. of
police, fire, street and park maintenance equipment. The Certificates of
Indebtedness are short-term debt instruments that are repaid with property
tax levies that are not subject to levy limits. The legislature is considering a
bill that would impose significant levy limit restrictions that would prohibit
the sale of Certificates of Indebtedness after March 31, 2003, thereby
limiting the ability of the City to finance equipment acquisitionsfor essential
services. The proposed certificates of indebtedness will finance equipment
acquisitions for 2004 and 2005.
Terry Heaton of Springsted briefed the Council on the procedures to
authorize the sale of the bonds. Due to the short time line in order to sell
the bonds, the resolution authorizes the Council to move forward with a
negotiated sale rather than a competitive sale of the bonds. This will
provide the City with the ability to move forward in a timely manner.
Interest rates are at a 40-year low, so a favorable rate is anticipated.
City Administrator Bob Erickson complimented maintenance staff and those
who operate vehicles and equipment on taking good care of the equipment
thereby extending the usefulness of the vehicles beyond their scheduled
life. He stated that the Legislature has placed the City of Lakeville and
other growth communities in a very difficult position. Lakeville has
historically endeavored to make sound fiscal management decisions taking
into consideration the full width and breadth of operational and service
delivery issues. It is disheartening that the pending legislation is
compelling the City to make significant financial decisions and issue bonds
in a very short period of time, which will affect the 2004 and 2005 budgets.
Council Member Luick asked Ms. Heaton what changes could be expected
in the bond market. Ms. Heaton responded that the markets have
fluctuated recently in anticipation of impending activity in Iraq. Rates will
probably continue to fluctuate as events unfold in coming weeks. Ms.
Heaton stated that Springsted's estimated interest rate projections are
anticipated to accurately reflect current market conditions.
03.35 Motion was made. by Bellows, seconded by Rieb, to approve Resolution No.
03-48 authorizing issuance and sale of General Obligation Equipment
Certificates of Indebtedness, Series 2003C.
Roll call was taken on the motion: Ayes: Luick, Bellows, Johnson, Wulff,
Rieb.
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Lakeville City Council Minutes: March Y7, 2003
ITEM #15 There was no unfinished business.
ITEM #16 New business.
City Attorney Roger Knutson presented City Council .members with a
proposed resolution authorizing condemnation of drainage and utility
easements relating to the Crossroads 1~ Addition final plat. He stated that
the easements are necessary in order to serve the plat with sanitary sewer
and the property owner has been non-cooperative. City Engineer Keith
Nelson described the nature of the utility connection and its importance to
the project. City Administrator stated that this is the solution of last resort,
but historically the property owner has been difficult to deal with and the
condemnation should hopefully encourage some negotiation.
03.36 Motion was made by Luick, seconded by Rieb, to approve Resolution No.
03-49 authorizing condemnation of property for drainage and utility
easement purposes as described.
Roll call was taken on the motion: Ayes: Bellows, Johnson, Wulff, Rieb,
.Luick.
Announcements: Next regular Council meeting, April 7, 2003
Mayor Johnson adjourned the meeting at 9:40 PM.
Respectfully submitted,
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J dit R. Hawkins, Deputy Clerk
/V
Robert D. Johns. ,Mayor
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