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HomeMy WebLinkAbout05-10-76 ~ .t g ~ • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING MAY 10, 1976 Mayor Mako called the special Council meeting to order at 8:00 P.M. in the -0rchard Lake Elementary School.. Roll call was taken. Present, Emond, Mako, Zaun, Curry and Clarkson. Also present, Robert Rosene, Consulting. City Engineer, Patrick McGarvey, City Administrator, Patrick Farrell and Roger Knutson, Attorneys for the City. The Mayor called upon Pat Farrell to attest to the legaZity'of the hear- irtg, Mr. Farrell stated that the legal notice had been published in the offic- e ia.l C3.ty newspaper and that notice had been mailed to the property owners .involved in the proposed project, and therefore, in his opinion, it was a legally called public hearing. The Consulting City Engineer presented a review of the proposed project and the cost estimates for Alternates 1, 2, and 3. At this time the Mayor opened the meeting.- to questions or comments frame the floor. Mike Sodergren raided the question .about. closing a portion of the present Judicial Road if Alternate 4~1 were followed. Mr. Rosene stated that a portion of Judcisl Road would be closed to auaomobile traffic if Alternate #l were constructed. Mayor. Mako stated that closing the road did not necessarily mean that it would be vacated. Karen Braud questioned what would happen to the Judicial Road if a new road is built. She stated her objective was to get the traffic off u Judicial Road. Sharon Talley questioned what the right-of-way costs were for any new _relocated road. Mr. Rosene stated that the Citq expected the right-of- way to be dedicated as in the case of new roads in the City, and there- fore,'no cost figures were included in the preliminary report, Martin Klein read a letter on behalf~of ~iis neighbor Jens H. Anderson who owns several lots along the road. The letter was received by the City Clerk. Mary Riegger spoke for owners of property along the proposed right-of-way in Alternate ,~~1. She. stated that Mr. Bartholomew would dedicate right-of- way if Judicial Road is closed. Mrs. Ron Johnson questioned the location of the proposed road right-of-way. Karen Braud stated that the Council should Forget building a new road at the south end and concentrate on the north end. 76;237. Motion was made by Gurry, seconded by Zaun to adopt Alternate 4E3 and put in sewer and water behind the ..existing homes on Lynch Path and prohibit recreational vehicles from using the present Judicial Road. City Attorney Pat Farrell stated that the City Council could not make a decision on the sewer and water tonight as that had been .tabled at a pre- vious public hearing to June 7, 1976. Mrs. Curry amended her motion to adopt .Alternate 4~3 only. Councilman Clarkson stated. that he felt if the City wants right-of-way dedicated for the new road, then-the City ma.y have to vacate a part of Judicial Road at the north end. The Mayor called for the .question, roll"call. was taken. Ayes, Zaun, Curry. Nays, .Clarkson, Mako and Emond. Marianne Curry questioned the grade on Alternate ~~1. The City Engineer explained the grade in this area. -1- y CITY OF LAKEVILLE SPECIAL COUNCIL MEETING MAY 10, 1976 At this time the City Administrator advised the Council that it would take the four-.fifths (4/5) vote of the City Council to order any part of he project being proposed at the public hearing because the Council does not have a petition from the property owners representing over 50% of the land to be assessed. Mrs. Braud presented a copy of a petition dated May 9, 1975 with' seven property owners nab on it requesting Judicial Road be cloned and vacat- ed. The City Administrator and City Attorney stated that the petition was not relevant to the question of ordering a portion of the pxoject to be assessed,. The City Engineer explained 'that much of the dirt necessary to be used for fill material. in the area of the swamp_to be crossed by the proposed road would be taken from the area at the south end. of the new road.. ..Therefore, if that area was eliminated from the project, the fill would have to be ot~tained somewhere else... Gail Johnson questioned-what the .estimate of increased traffic might. be if anew road with 25 to 30 new houses along it were constructed, in this ..area. Mrs. Riegger asked about the installation of sewer in the new road. Mr. James Olaon questioned the design of the T intersection that would be at 168th and Judicial Road, in Alternate 1. 76.238' Motion was made by Zaun, seconded by Curry to close the public hearing. Ro11 call was taken. on the motion. Ayes, Mako,. Zaun, Curry, Clarkson and Emond. At this time, City'Attorney, Pat Farrell presented a report on the find- ings in the detexanination of the right-of-way ownership of the present Judicial Road. Mr._Farrell reportedthat a plat had been found dated 1894 showing the. right-of-waq being dedicated for a public road and that most of the driven portion of the present .road is within that right-of- way. 76.239_ Motion was made by Clarkson, seconded by Emond to table a decision on the Judicial.',Road pro3ect to June 7, 1976 at approximately_8:45 P.M. :after the water and sewer issue in .this area. Roll call was: taken on .the motion. Ayes, Clarkson,: Emond, Zaun, Curry and Mako. Motion ,was made by Emond, .seconded by Curry. to adjourn .the meeting. Rill call waslaken on the motion. Ayes, Emond, Mako, Curry, .Zaun and Clarkson.. Respectfully submitted, A L ~ / ~ ~ ~G~-~' .City Clerk Mayor -2-