March 2011 City Council Decision

In March of 2011, the Lakeville City Council voted unanimously to agree to the recommendations made by city staff, the city attorney and the planning commission.

The recommendation and resolution passed was to agree to keep the conservation easement in place on the property and to agree to violate all of the provisions based on the clause “prohibited in perpetuity on the subject property without the written consent of the city".

Here are the provisions of the conservation easement:

• Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment, except underground utilities.
• Cutting, removing, or altering trees or other vegetation, except for noxious week or tree disease control.
• Excavation or filling
• Application of fertilizers, whether natural or chemical.
• Application or chemicals for the destruction or retardation of vegetation.
• The deposit of waste, yard waste, or debris.
• The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency.
• Outside storage of any kind.
• Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife.

Basically all of these will be violated with the construction of a parking lot, a potential new building and a water drainage holding pond.

So the conservation easement remains in place but all of the provisions have been consented to be violated by the organization that was put in place with the responsibility to enforce them.

Feb 2011 Status Update

In February 2011, the Planning Commission for the City of Lakeville met to discuss a request by Malt-O-Meal to vacate/terminate the conservation easement in order to construct a parking lot, future building and for a drainage pond. 

Upon recommendation from the city staff and the Lakeville City Attorney, the recommendation was made to avoid any legal or court actions and that a provision in the conservation easement that provides that violations of the conservation provisions are "prohibited in perpetuity on the subject property without the written consent of the city" be used.

The recommendation of the Planning Commission forwarded to the City Council was to keep the conservation easement in place and that the City of Lakeville provide written consent to violate the provisions of the conservation easement.