HomeMy WebLinkAbout01-12-70 •
f.
VILLAGE OF LAKEVILLE`MEETIRTG JAANARY 12, 1970
The meeting was called to order by Mayor Jensen at ~ P. M.
folloraed by the flag pledge.. Present: Jensen, Friedges, Maka,
Sullivan and Taft. Also present: Village attorney, Pat Farrell.
32. Motion by Taft seconded by Sullivan that the minutes of the Jan.
1970 meeting stand as read, Friedges, Jensen, Mako, Sullivan and
Taft."aye"', motion carried..
Someone is going. to check to see why village equipanent is removing
snow from private property.
The building inspector presented his repdrt.
33. Motion by Sullivan seconded by Friedges that the building inspector
be authorized to attend the school for inspectors with the X25. fee
be paid by the Village. Jensen, Mako, Sullivan, Taft and Friedges
"aye", motion carried. The school is scheduled for Jan. 19, 24, and
21.
Arlene Plath presented a last of names of individuals who would like
to have a set-up license at the bowling alley, she has checked wih
the State Liquor Control on this matter who thought this would be o.k.`
The idea would be that the licensewould be available from 6:30 P.M.
until .closing of the bowling alley.
Mr. Farrell suggested that someone from the council should talk to
the Liquor. Control Commission.
The clerk was instructed to write to the Liquor Control Commission
for their opinion on this matter and perhaps someone would be willing
to attend the next council meeting.
John Ftaplinger petition: re protest to rezoning for stabl®.
Mr. Farrell gave the legal opinion that he had reviewed the rezoning
for the riding stable property with respect to legal pr oeedures
and it is his understanding that the public hearing held by the
Lakeville Planning Com~.ssion pursuant to propernotice which was both
mailed and published legalnotice.
The special council meeting where the property was rezoned was
also legalas all members had been notified. It is his opinion that
the terms of the statutes had been complied with the rezoning proper
in all procedural respects.
Al Hall, representing J. Raplinger and the other neighboring lardowners,
said that the question was not whether the meeting was valid but if
the rezoning was valid. No notice had been given to the property
owners of the .special meeting, the property owners were concerned
.with the detrimental effects on their property.
Mr. Kalina who represented Mr. Stewart and .Arnold Kruse, said that
they had .requested this rezoning before the 1st of the year for tax
purposes>
Mr. Farrell mentioned. that this matter could be considered right now,
pass on zoning by reaffirminc~or ratifying the earlier action or
overturn~,the earlier action Or;
an amendment to the zoning ordinance might be initiated by the governing
body and return this to the.Planning Commission for another hearing.
Mr. Hall consented for his clients to the initiationof a rehearing.
The three attorneys met with their various clients in sq;parate rooms'
for approximately half an hour.
34. Motion by Sullivan seconded by Taft to renew the gravel permit for
I)ow Aggregates, Mako, Sullivan, Taft, Friedges and ensen "afire"
motion carried.
•
,~t
1
35. Motion by Taft seconded by Friedges to approve licenses and bond for
Minrireg, Inc. Sullivan, Taft, Frieges, Jensen and Mako "aye",
motion carried.
Mr. Farrell then reported that the parties for and against the Stewart
rezoning had agreed to disagree.
36. Motion by Mako seconded by Taft that the La.keroille Village Council
will meet on the 2r~ day of Feb. to reconsider the rezoning of the
subject property acid that the Village Clerk be instructed to publish
the notice of said hearing ~:n the legal newspaper and mail notice of
said hearing to all adjacent ~operty owners. Taft, Friedges,
Jensen, Mako "aye" Sullivan opposed, motion carried.
Mr. Farrell said he was in favor of the above if Mr. Ha11 and his
cl:ehts would waive arty claim of procedural defects in therezoning
of the subject property. Mr. Hall stated they would.
Mr. Kalina said to let..~he record show that he and his clients oppose
an<y rehearing and reo}~.ng of this matter as it would set a preces~ent
and their would be many other people who would state they
had had no prior notice to same.
Mr. Hall said that they felt the rezoning had been unconstitutional
as it deprived man of due process of he does not know about it
without public notice.
37. Motion by Taft seconded by Sullivan to adjourn. F'Yt~edges, Jensen,
Mako, Sullivan and Taft "aye", motion carried,
Respectfully submitted,
~../1,
Marceline Hemstrom, Village Clerk
, ~I
Robe Jensen, Mayor