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HomeMy WebLinkAbout12-02-74 CITY OF LAK~'VILLE COUNCIL MEETING DECEMBER 2, 1974 The meeting was called to order at 8:00 o'clock P.M. by Mayor Jensen. The pledge of allegiance followed. Present,. Brandes, Mako, Jensen, Emond and Clarkson.. Also present; Robert Frigaard, City Engineer, Pat Farrell, City Attorney and Richard Hogan, City Administrator. 74.679. Motion by Emond seconded by Brandes to accept the minutes of the November 18, 1974 meeting as presented. Brandes, Mako, Jensen, Emond and .Clarkson "aye", motion carried. 74.680 Motion by Brandes seconded by Emond to accept the minutes of the Special Assessment meeting of November 21, 1974 as presented. Mako, Jensen, Emond, Clarkson and .Brandes "aye", motion carried. 74.681 Motion by Emond seconded by Mako to pay the city claims with the exeption of No. 11359 which will be changed to X100. Jensen, Emond, Clarkson, Brandes and Mako "aye", motion carried. The ~7ater & Sewer minutes for November 12. 74.682 Motion by Mako seconded by Brandes to follow the recommendation of the Water & Sewer Committee to authorize the engineer to make a preliminary report. on land north of Section 19 line, T114, R20 and lying west of Bassett's Addition. , Emond, Clarkson, Brandes,= Mako and Jensen "aye", motion carried. 74.683 Motion by Emond seconded by Mako to adopt the job description for the Park Director as presented with this being subject to review. after one year. Clarkson, Brandes, Mako, Jensen and Emond "aye", motion carried. Many>.interested citizens ~~ere present to discuss snowmobile and ski trails in Ritter Farm Park. Mr. Michaud gave a brief review of the proposed trails and the method of handling violaters. Mrs. Curry asked how the speed .limit would be controlled. 74.684 Motion by Emond seconded by Mako to approve the plan for the trails in Ritter Farm Park as presented by the Fark Director. Brandes,'Mako, Jensen, Emond and Clarkson "aye", motion carried. The Park and Recreation minutes for November 13 were presented. The Planning Commission minutes for November 14 were presented. 74.685 Motion by Mako seconded by Brandes to follow the Planning Commission recommendation and grant Denny Dunham a conditional use permit for the outside storage at the building which will be used by Hoffman Bros. for a period of two. years. The screening plan must be approved by the City Inspector and gravel surface will be in back of storage area. Mako, Jensen, Emond, Clarkson"and , Brandes "aye", motion carried. The conditional use permit for Ardmor Homes was postponed until the 9th of Dee. 74.686 Motion by Brandes seconded by Emond to follow the Planning Commission recommendation and grant Kuehn Hdwe a permit to build an addition to the present structure. Jensen, Emond, Clarkson, Brandes at2d Mako "aye",.motion carried. The hearing on Establishing an Automobile Parking Facility was opened, Mr. Lee Starr, City Planning consultant, presented his report on the establishing of this facility. He said that he had. evaluated the current off street parking and had found it deficient and showed the Gouneil and audience how this matter could be remedied with the removal of certain properties and remodeling of various buildings. Mr. Schuck representing 'Lakeville merchants was also present to explain why they are requesting more parking. Mr. Van Valkenburg, representing Angus Sorenson, read a letter from his son regarding their opinion on this matter. This letter is made a part of City records. Mr. Nord, representing .the City merchants, said that he had tried to contact Mr. VanValkenburg but had been unable to do so. He reviewed the proposed plan and said this is necessary for traffic flow and is asking the community to help... f 1) ~ CITY OF L~AK~TILLE COUNCIL MEETING DECEMBER 2, 1974. provide parking for the. downtown businesses. Mr$. Sorenson asked why the business in their building was not important enough to keep the building from being taken out. Mr. Sorenson asked why the merchants felt it was necessary to move this business. Mrs. Curry asked the .Planner how the traffic count was taken. Steve Schultz, of Midwest Federal, said that at this time they had not taken moving from this location under consideration. Myrtle Sorenson felt the thinking of this matter was too one sided., 74.687 Motion by Clarkson seconded by Emond to continue this hearing until 8:00 P.M. on the 30th of December and authorize the attorney to obtain appraisals of the. Sorenson .property. Emond, Clarkson, Brander, Mako, Jensen "aye", motion carried. 74.688 Motion by Clarkson seconded by Emond to place :the property north of the liquor store,~for discussion regarding the acquisition for liquor store expansion. Clarkson~Brandes, Mako, Jensen and Emond "aye", motion carried.. on agenda The hearing on the establishing of a Housing Redevelopment Authority was opened. Mr. Lee Starr presented a report and reviewed the many facets and activities of an HRA. He explained how to set €~ne up. He also said that a development. district could be set up instead of an HRA. 74.688 Motion by Clarkson seconded by Emond to apoint the following members as a committee to study the establishing of an HRA: Mr. FIogan, Mr. Mako, Mr. Brander, Mr. Farrell, Mr. Zaun Mr. Haglund and Mr. Starr. Brander, Mako, Jensen, Emond and Clarkson "aye", motion carried.. 74.690 Motion bg Emond seconded by Clarkson to continue the Crystal Lake improvement hearing until December 16 at 9:00 P.M. Mako, Jensen, Emond, Clarkson and Brander "aye", motion carried. 74.691 Motion by Mako seconded by Brander to grant an excavating permit to the NFO to dispose of cattle. Jensen, Emond, Brander and Mako "aye", Clarkson opposed, motion carried. 74.692 Motion. by Emond seconded by Clarkson to accept the bids for the Woodbury project.- Emond, Clarkson, Brander, Mako and Jensen "aye", motion carried. A letter from Bonestroo and Assoc. regarding the awarding of the 'bid was discussed.- The attorney advised the Council not to award the bids until the development contract had been signed. The Council can award the contract tc~, .the lowest responsible or reject all bids and readvertise. 74.693 Motion by Clarkson to table the bids fox the Woodbury project until the 16th to have the items more clarified why the Council should reject the low bidder. Clarkson, Brander, Mako, Jensen and Emond "aye", motion carried. 74.6g~+ M©tion by Mako seconded by Brandes to follow the recor:nnendation of the Public Works Dir~ec'~.or and install a light on Kodiak Ave. as petitioned for. Brander, Mako, Jensen, Emond and Clarkson."aye", motion carried. 74.695. Motion by Emond seconded by Clarkson to have the Chrismas lights installed: and the lighting times from SP.M. to 10:00 P.M, for energy .reasons, Mako, Jensen, Emond, Clarkson and Brander "aye", motion carried. 74.696 Motion by Clarkson .seconded by Brandes to acknowledge the summons in re the CDI, Inc. Corp vs Harry S. Johnson and the City of Lakeville. Jensen, Emond, Clarkson, Brander and Mako "aye", motion carried. 74.697 Motion by Brander seconded by Clarkson to authorize the attorney. to interpose an answer to the above 'summons. Jensen, Ernond, Clarkson, Brander and Mako "aye", motion carried. 74.698 Motion by Clarkson seconded by Emond to authorize the purchase of a desk for X150 for the clerk's office. Emand,.Clarkson, Brander, Mako and Jensen "aye", motion carried. 74.699 Motion by Brander seconded by Clarkson to authorize the Mayor and the Clerk to execute the necessary closing documents for Rosemount Partitions. Clarkson, Brander, Mako, Jensen and Emond "aye", motion carried. 74.670 Motion by Clarkson seconded by Emond to acknowledge receipt of the petition for a light in the 20400 block of Overland Addition on Hughes Ave. West and ~2) CITY QF LAKEVILLE COUNCIL MEETING DECEMBER. 2, 197+ turn this petition over to the`Public Works Director f©r a recommendation. Brandes, Mako, Jensen, Emond and Clarkson "aye", motion carried. Motion by Clarkson seconded by Emond to adjourn carried unanimously. Respectfully submitted, ~2~-- ~ CLERK YOR VAN VALKENBURG, COMAFORD, MOSS, FASSETT, FLAHERTY & CLARKSON A PROFESSIONAL ASSOCIATION RALPH H. COMAFORD LAW OFFICES -PATRICK F. FLAN ERTY HORACE VAN VA LKENBU RG MICHAEL L. FLANAGAN L. GLENN FASS ETT 2 3 5 0 1 D 5 CENTER WAYNE A. HERGOTT VERNE W.MOSS,JR. - JAMES E. O~BRIEN J. BRAINERD CLARKSON MINNEAPOLIS, MINNESOTA 55402 RICHARD S. ZIEG LER JAMES VAN VALK EN BU RG ~ ED Wq RD L. WINER (612) 339-8551 DAVID W. LEWIS DANIEL D. PLAUDA PAUL VAN VALK EN BU RG CHARLES A. PA RSON S,JR. MARK P,KOVALCHUK December 2 , 1974 The Honorable Robert Jensen City of Lakeville Lakeville, Minnesota RE: Lakeville Parking„ Inc. Gentlemen• I write this letter on behalf of Angus Sorensen, and with apo.~gies for my inability to be in attendance at your meeting I am very disappointed in the present proposal being submitted to the City Council. I have attempted to deal with Mr. Enggren for some time in trying to work this matter to a mutually agreeable solution. I have received many assurances that his attorney was going to contact me, and now, after over four months, I have heard nothing from him exce pt a phone call over a month ago. that he would be getting back to me with some information . This makes me question the various representations that he made. Obviously I am questioning the timing on this matter. There has been a long his- tory here of no communication between the parties, and I have attempted to open. that, all with the encouragement of Mr . Enggren Now I am disappointed that I do not hear from them and must point out some of the other potential problems that exist. There is a serious question as to whether or not the taking of this property by the City of Lakeville would be for a public purpose and therefor a proper taking under the eminent domain statutes . The Honorable Robert Jensen -Z - December Z a 1974 There 'is a serious question as to whether or not the taking can be done by the City of Lakeville for this type of purpose . It may necessitate the formation of an HRA, and of course if such a'n entity is created, that will take time and expense on the part of the City of Lakeville, and in addition I should indicate that there is no legal way that .said HRA could guarantee to sell this 'pro'perty to this particular entity . It seems to me it would be a matter of bids . I have not made a detailed review of this matter as proposed by Lakeville Parking, Inc., a copy of which was given to me by Mr. Enggren, because of the expense involved. It seems to me that this is getting to be more of a matter of an economic battle and at the present time it would appear as though such a battle can obviously be won by Lakeville Parking, Inc. The neighbors in Lake- ville have already spent a substantial amount of money in connection with the hearings regarding the Gephardt Warehouse ~ I started to 'intervene in the law suit to be on the side of the City of Lakeville and had to withdraw because of the expenses involved. This is more in the line with that vein. As I have indicated I am willing- to talk with these people, but do not think that we should do their work for them . I would question the. plan that has been submitted as I skim. it to raise the question as to whether or not there are planned a sufficient number of new stores and buildings that would make this of any significant contribution to the City of Lakeville, and of course the obvious appearance and inference from an examination of this is that it is essentially a means of expanding the grocery store a'nd furniture .store ..Those two items may be commendable , but whether that is enough r or whether it furnishes a legal basis for. this under- - taking is extremely questionable. r~ . o i • The Honorable Robert Jensen -3- December 2 , 1974 It may be your feeling that this is an unnecessary attempt to cling to the past and preserve the Sorensen Building . There is more involved than that. As you are aware, Mr. Sorensen is not in the best of health and accordingly does have needs for the rental income produced by this building; he has. expended sub- stantial monies in repairing and remodeling said buildings and of course his tenant,, Midwest Federal Savings & Loan. has. spent monies in said building. and is a very valuable addition to the. City of Lakeville. If this property were taken: for condemnation r do not know where that bus ~ines s would ,go s but wonder if they would feel that it was worthwhile to them economically to relocate in Lakeville . T would be happy to meet with Mr. Farrell to discuss the legal questions raised here,-and yet I hope to see some of the long promised cooperation from Mr. Enggren before we are forced in a corner to protect Mr. Sorensen. T stand ready to .discuss this with Mr. Farrell or Mr. Enggren, or other representatives of the Lakeville Parking s Inc . Yours truly., ~ Jame ~ Van Valke , drg TW:7d cc; City Council Marceline Hemstrom, City Clerk Mr. Patrick Farrell